Fill and Sign the Preamble This Agreement Made between the State of New Form

- 1 – DATA ENTRY EMPLOYMENT CONTRACT THIS AGREEMENT executed on this the day of , 20 , by and between     (hereinafter "Employer"), and (hereinafter “Clerk"). NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, Employer hires Clerk, and Clerk agrees to work for Employer under the terms and conditions hereby agreed upon by the parties: SECTION 1- WORK TO BE PERFORMED 1.1 Term . Employer agrees to hire Clerk, to perform the services and work as stated in section 1.2 of this agreement. 1.2 Duties . Clerk agrees to perform data entry work for the Employer on the terms and conditions set forth in this agreement, as follows: 1.3 Completion Date . The work to be performed shall be complete on or before the day of 20 ____ unless extended by Employer, in his/her discretion. 1.4 Liquidated Damages. The following shall be construed as liquidated damages only and shall not in any way be deemed a penalty, but only a reasonable estimate of either the anticipated or the actual loss from breach of this Agreement In the event the work is not performed timely as specified herein, Employer shall be entitled to deduct $ per day from the compensation due Clerk as liquidated damages. SECTION 2 - COMPENSATION 2.1 Compensation . In consideration of all services to be rendered by Clerk to the Employer, the Employer shall pay to the Clerk the sum of $ . - 2 – Said compensation shall be paid: daily weekly monthly upon full completion other specify terms: 2.2 Withholding . Clerk is an independent contractor and shall be responsible for his/her own income taxes, worker’s compensation and other employment taxes. SECTION 3 - INDEPENDENT CONTRACTOR STATUS Clerk acknowledges that he is an independent contractor and is not an agent, partner, or joint venturer of Employer. Clerk shall have no authority to bind or otherwise obligate Employer in any manner nor shall Clerk represent to anyone that he/she has a right to do so. SECTION 4 - REPRESENTATIONS AND WARRANTIES OF CLERK 4.1 Clerk represents and warrants to the Employer regarding the work to be performed as follows:     4.2Clerk represents that he/she is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between Clerk and any third party. During the term of the agreement, Clerk shall devote as much productive time, energy and abilities as is needed and necessary to perform the required duties in a timely and productive manner. Clerk is expressly free to perform services for other parties while performing services for Employer. SECTION 5 – CONFIDENTIALITY 5.1 Confidentiality . Clerk acknowledges and agrees that, Clerk shall not, during the term of this Agreement or after the termination of this Agreement, disclose any Confidential Informa tion to any person or use any Confidential Information for the benefit of Clerk or any other person, except with the prior written consent of the Employer. Employer understands that certain. The term “confidential information” does not include information that is or becomes publ icly - 3 – available (other than through breach of this Agreement) or information that is or becomes available to Clerk on a non-confidential basis, provided that the source of such information was not known by Clerk (after such inquiry as would be reasonable in the circumstances) to be bound by a confidentiality agreement or other legal or contractual obligation of confident iality with respect to such information. In the event that Clerk or any of Clerk’s representatives, assigns, or agents are requested or required by law or legal process to disclose any of the Confidential Information, the party required to disclose such information shall provide Employer with prompt oral and written notice before making any disclosure. In addition, Confidential Information m ay be disclosed to the extent required in the course of inspections or inquiries by federal or state regulatory agencies to whose jurisdiction Clerk is subject and that have the lega l right to inspect the files that contain the Confidential Information, and Clerk will advise Employe r promptly upon such disclosure. 5.2 Return of Documents. Clerk acknowledges and agrees that all originals and copies of records, reports, documents, lists, plans, memoranda, notes and other documentation related to the business of the Employer or containing any Confidential Information shall be the sole and exclusive property of the Employer, and shall be returned to the Employer upon the terminat ion of this Agreement or upon the written request of the Employer. 5.3 No Release . Clerk agrees that the termination of this Agreement shall not release Cle rk from any obligations under Section 2.1 or 2.2. SECTION 6 - MISCELLANEOUS PROVISIONS 6.1 The provisions of this Agreement shall be binding upon and for the benefit of the heirs, personal representatives, successors and assigns of the parties. 6.2 In the event of a default under this Agreement, the defaulted party shall reimburse the non- defaulting party or parties for all costs and expenses reasonably incurred by the non-defaulting party or parties in connection with the default, including without limitation, attorney's fees. - 4 – Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation, reasonable attorney's fees at the trial level and on appeal. 6.3 No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 6.4 This Agreement shall be governed by and shall be construed in accordance with the laws of the State of . 6.5 This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all parties. 6.6 If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. 6.7 Clerk agrees to indemnify, defend, and hold Employer and his/her/their successors, officers, directors, agents and employees harmless from any and all actions, causes of action, claims, demands, cost, liabilities, expenses and damages (including attorneys' fees) arising out of, or in connection with any breach of this Agreement by Clerk. 6.8 Employer may terminate this Agreement at any time by providing days’ writt en notice to Clerk. In addition, if Clerk fails or refuses to comply with the policies or reasonable directives of Employer, is guilty of serious misconduct in connection with his/her/their performance hereunder, or materially breaches any provisions of this Agreement, Employer may at any t ime - 5 – and in its sole discretion terminate the engagement of Clerk immediately and without prior written notice to Clerk. 6.9 Clerk shall not assign any of his/her rights under this agreement, or delegate the performance of any of his/her duties hereunder, without the express written prior consent of Employer. WITNESS OUR SIGNATURES, this the day of , 20 . _______________________________ EMPLOYER _______________________________ CLERK