非专利技术转让合同(39)

　　　　3.7　amendment
　　　　　　no amendment or other variation of the contract shall be effectiveunless it is in writing， is dated， expressly refers to the contract， andis signed by a duly authorized representative of each party hereto.
　　　　3.8　independent contractor
　　　　　　the supplier shall be an independent contractor performing thecontract. the contract does not create any agency， partnership， jointventure or other joint relationship between the parties hereto.
　　　　　　subject to the provisions of the contract， the supplier shall besolely responsible for the manner in which the works are performed. allemployees， representatives or sub-contractor engaged by the supplier inconnection with the performance of the contract shall be under thecomplete control of the supplier and shall not be deemed to be employeesof the buyer， and nothing contained in the contract or in any sub-contractawarded by the supplier shall be construed to create any contractualrelationship between any such employees， representatives or sub-contractorand the buyer.
　　　　3.9　non-waiver
　　　　　　3.9.1　subject to article 3.9.2 below， no relaxation， forbearance，delay or indulgence by either party in enforcing any of the terms andconditions of the contract or the granting of time by either party to theother shall prejudice， affect or restrict the rights of that party underthe contract， nor shall any waiver by either party of any breach of thecontract operate as a waiver of any subsequent or continuing breach of thecontract.
　　　　　　3.9.2　any waiver of a party's rights， powers or remedies under thecontract must be in writing， dated and signed by　an　authorizedrepresentative of the party granting such waiver， and must specify theright and the extent to which it is being waived.
　　　　3.10　severability
　　　　　　if any provision or condition of the contract is prohibited orrendered invalid or unenforceable， such prohibition， invalidity　orunenforceability shall not affect the validity or enforceability of anyother provisions and conditions of the contract.