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NEGLIGENT ENTITY OR INDIVIDUAL, all employment practices to qualified applicants and
<br /> SHALL NOT EXCEED THE PERCENTAGE employees without regard to disability.
<br /> SHARE THAT OWNER'S NEGLIGENCE
<br /> BEARS TO THE TOTAL NEGLIGENCE OF 5.16 Notices
<br /> ADS, OWNER AND ALL OTHER A. Any notice required under this Agreement
<br /> NEGLIGENT ENTITTIES AND shall be in writing, addressed to the appropriate Party
<br /> INDIVIDUALS. at its address on the signature page and given
<br /> personally, or by registered or certified mail postage
<br /> 5.14 Confidentiality and Non-disclosure prepaid, or by a commercial courier service. All
<br /> A. Both Parties acknowledge that, in the course notices shall be effective upon the date of receipt.
<br /> of performing this Agreement, certain employees, 5.17 (Section deleted by both parties)
<br /> agents or representatives may be exposed to or
<br /> acquire information which is proprietary or
<br /> confidential. Such proprietary and confidential 5.18 Survival
<br /> information may include without limitation A. All express representations, indemnifications,
<br /> information related to research, development, limitations of liability, and assurances of
<br /> designs,plans,reports,investigations,materials,data, confidentiality included in this Agreement shall
<br /> pricing, trade secrets, customer lists, salaries, or survive its completion or termination for any reason.
<br /> business information ("Confidential and Proprietary
<br /> Information"). 5.19 Severability
<br /> B. To the extent permitted by law, including but A. Any provision or part of this Agreement held
<br /> not limited to, the provisions of the Freedom of to be void or unenforceable under any Laws or
<br /> Information Act, both Parties agree to hold each Regulations shall be deemed stricken, and all
<br /> other's Proprietary and Confidential Information in remaining provisions shall continue to be valid and
<br /> strict confidence and not to make each other's binding upon Owner and ADS, who agree that the
<br /> Proprietary and Confidential Information available in Agreement shall be reformed to replace such stricken
<br /> any form to any third party or to use each other's provision or part thereof with a valid and enforceable
<br /> Proprietary and Confidential Information for any provision that comes as close as possible to expressing
<br /> other purpose than for the performance of work under the intention of the stricken provision.
<br /> the implementation of this Agreement.
<br /> 5.20 Waiver
<br /> 5.15 Employees A. Non-enforcement of any provision by either
<br /> A. Throughout the term of this Party shall not constitute a waiver of that provision,
<br /> Agreement, and for one (1) year following its nor shall it affect the enforceability of that provision or
<br /> termination, neither Party shall solicit or hire any of the remainder of this Agreement.
<br /> current or former (within twelve months of
<br /> termination)personnel of the other Party,without the 5.21 Headings
<br /> express written consent of the other Party. A. The headings used in this Agreement are for
<br /> general reference only and do not have special
<br /> 5.16 EEO Statement significance.
<br /> A. It is the policy of ADS to recruit, hire,
<br /> train, compensate, promote, discipline, and otherwise 5.22 Entire Agreement
<br /> treat its employees and applicants without regard or A. This Agreement constitutes the entire
<br /> consideration for the individual's race, color, agreement between the Parties and exclusive
<br /> religious creed, sex, age, national origin, ancestry, statement of the terms between the Parties with
<br /> mental or physical disability, marital status, respect to services to be performed hereunder. The
<br /> citizenship status or any other reason prohibited by Exhibits referenced in this Agreement and the
<br /> law. In addition, ADS is committed to fully specifications and drawings referenced therein are a
<br /> complying with all applicable laws and regulations part of this Agreement with the same force and effect
<br /> regarding the Americans with Disabilities Act of as if fully set forth herein. No alteration,
<br /> 1990, Title VII of the Civil Rights Act, and the modification, or amendment of any of the provisions
<br /> Vietnam Era Veterans Readjustment Assistance Act hereof shall be binding unless in writing and signed
<br /> and applicable Federal, State, and Local regulations. by duly Authorized Representatives of the Parties.
<br /> ADS also provides equal employment opportunity in
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