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<br /> ANY AND ALL COSTS, LOSSES, AND
<br /> DAMAGES(INCLUDING BUT NOT LIMITED B. Both Parties agree to hold each other's
<br /> TO ALL REASONABLE EXPENSES AND Proprietary and Confidential Information in strict
<br /> REASONABLE ATTORNEYS FEES)CAUSED confidence and not to make each other's Proprietary
<br /> BY THE NEGLIGENT ACTS OR OMISSIONS and Confidential Information available in any form to
<br /> OF OWNER OR OWNER'S OFFICERS, any third party or to use each other's Proprietary and
<br /> DIRECTORS, PART'NERS, EMPLOYEES, Confidential Information for any other purpose than
<br /> AND OWNER'S CONSULTANTS WITH for the performance of work under the
<br /> RESPECT TO THIS AGREEMENT OR THE implementation of this Agreement.
<br /> WORK.
<br /> S.1 S Employees
<br /> 3. TO THE FULLEST EXTENT
<br /> PERMITTED BY LAW ADS'S TOTAL A. Throughout the term of this
<br /> LIABILITY TO OWNER AND ANYONE Agreement, and for one (1) year following its
<br /> CLAIMING BY, THROUGH, OR LJNDER termination, neither Party shall solicit or hire any
<br /> OWNER FOR ANY COST, LOSS, OR current or former (within twelve months of
<br /> DAMAGES CAUSED IN PART BY THE termination)personnel of the other Party,without the
<br /> NEGLIGENCE OF ADS AND IN PART BY express written consent of the other Party.
<br /> THE NEGLIGENCE OF OWNER OR ANY
<br /> OTHER NEGLIGENT ENTITY OR 5.16 EEO Statement
<br /> INDIVIDUAL, SHALL NOT EXCEED THE A. It is the policy of ADS to recruit, hire,
<br /> PERCENTAGE SHARE THAT ADS'S train,compensate,promote,discipline,and otherwise
<br /> NEGLIGENCE BEARS TO THE TOTAL treat its employees and applicants without regard or
<br /> NEGLIGENCE OF OWNER, ADS, AND ALL consideration for the individual's race, color,
<br /> OTHER NEGLIGENT ENTITIES AND religious creed, sex, age, national origin, ancestry,
<br /> INDNIDUALS. mental or physical disability, marital status,
<br /> citizenship status or any other reason prohibited by
<br /> 4. ADS SHALL NOT BE LIABLE FOR law. In addition, ADS is committed to fully
<br /> ANY INDIRECT, INCIDENTAL, SPECIAL complying with all applicable laws and regulations
<br /> OR CONSEQUENTIAL DAMAGES, regarding the Americans with Disabilities Act of
<br /> WHETHER GROLJNDED IN TORT 1990, Titie VII of the Civil Rights Act, and the
<br /> (INCLUDING NEGLIGENCE), STRICT Vietnam Era Veterans Readjustment Assistance Act
<br /> LIABILITY, OR CONTRACT, AND UNDER and applicable Federal, State, and Local regulations.
<br /> NO CIRCUMSTANCES WILL ITS ADS also provides equal employment opporlunity in
<br /> LIABILITY EXCEED THE AGREEMENT all employment practices to qualified applicants and
<br /> PRICE FOR THE GOODS OR SERVICES employees without regard to disability.
<br /> UPON WHICH LIABILITY IS CLAIMED.
<br /> ANY ACTION FOR BREACH OF 5.16 Notices
<br /> CONTRACT MUST BE COMMENCED A. Any notice required under this Agreement
<br /> WITHIN ONE(1)YEAR AFTER THE CAUSE shall be in writing, addressed to the appropriate Party
<br /> OF ACTION HAS ACCRUED. at its address on the signature page and given
<br /> personally, or by registered or certified mail postage
<br /> prepaid, or by a commercial courier service. All
<br /> 5.14 Confidentiality and Non-disclosure notices shall be effective upon the date of receipt.
<br /> A. Both Parties acknowledge that, in the course
<br /> of performing this Agreement, certain employees, 5.17 Attorney's Fees
<br /> agents or representatives may be exposed to or A. In the event of any dispute and/or legal
<br /> acquire information which is proprietary or action arising from an interpretation and/or the
<br /> confidential. Such proprietary and confidential performance of any of the provisions of this
<br /> information may include without limitation Agreement, the Parties hereby agree that the
<br /> information related to research, development, prevailing Party shall be awarded reasonable
<br /> designs,plans,reports,investigations,materials,data, attorney's fees and costs,including but not limited to,
<br /> pricing, trade secrets, customer lists, salaries, or the cost of paralegals,accountants and attorney's fees
<br /> business information ("Confidential and Proprietary and costs of appellate proceedings,if applicable.
<br /> Information").
<br /> 7 ADS LLC
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