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North Carolina/Apex Standard Management Agreement
<br />November 16, 1998
<br />(c) Workers' compensation insurance covering the liability of MetroSite and its subcontractors arising out of
<br />or based upon injury to and death of employees. Such insurance shall provide coverage for employer's liability
<br />under any applicable state or federal workers' compensation law to a limit of not less that the requirements of
<br />applicable law.
<br />9. NUSCELLANEOUS
<br />9.1 Additional Actions and Documents. Each of the parties hereto shall take or cause to be taken such
<br />further actions, to execute, deliver and file or cause to be executed, delivered and filed such further documents, and
<br />will obtain such consents, as may be necessary or as may be reasonably requested in order to effectuate fully the
<br />purposes, terms and conditions of this Agreement.
<br />9.2 Entire Agareement. Amendment. This Agreement constitutes the entire agreement between the parties
<br />hereto with respect to the transactions contemplated herein, and it supersedes all prior oral or written agreements,
<br />commitments or understandings with respect to the matters provided for herein. No amendment, modification or
<br />discharge of this Agreement shall be valid or binding unless set forth in writing and duly executed and delivered by
<br />the party against whom enforcement of the amendment, modification, or discharge is sought.
<br />9.3 Waiver. No delay or failure on the part of any party hereto in exercising any right, power or privilege
<br />under this Agreement or under any other documents furnished in connection with or pursuant to this Agreement
<br />shall impair any such right, power or privilege or be construed as a waiver of any default or any acquiescence
<br />therein. No single or partial exercise of any such right, power or privilege shall preclude the further exercise of
<br />such right, power or privilege, or the exercise of any other right, power or privilege. No waiver shall be valid
<br />against any party hereto unless made in writing and signed by the parry against whom enforcement of such waiver
<br />is sought and then only to the extent expressly specified therein.
<br />9.4 Governing Law. This Agreement, the rights and obligations of the parties hereto, and any claims or
<br />disputes relating thereto, shall be governed by and construed in accordance with the laws of the State of North
<br />Carolina..
<br />9.5 Notices. All notices, demands, requests, or other communications that may be or are required to be
<br />given, served, or sent by any party to any other party pursuant to this Agreement shall be in writing and shall be
<br />hand delivered, sent by overnight courier or mailed by first class, registered or certified mail with return receipt
<br />requested, postage prepaid, or transmitted by telegram, facsimile or telex, addressed as follows:
<br />(a) If to the Client: (b) If to MetroSite:
<br />MetroSite Management
<br />11 Corporate Hill Drive, Suite 110
<br />Little Rock, AR 72205
<br />Attn: Olan Asbury
<br />(501) 228 -6400
<br />Each party may designate by notice in writing a new address to which any notice, demand, request or
<br />communication may thereafter be so given, served or sent. Each notice, demand, request, or communication that
<br />shall be hand delivered, sent, mailed, telecopied or telexed in the manner described above shall be deemed
<br />sufficiently given, served, sent, received or delivered for all purposes at such time as it is delivered to the addressee
<br />(with the return receipt, the delivery receipt, or (with respect to a facsimile or telex) the answerback being deemed
<br />conclusive, but not exclusive, evidence of such delivery) or at such time as delivery is refused by the addressee
<br />upon presentation.
<br />9.6 Limitation on Benefits. The covenants, undertakings and agreements set forth in this Agreement shall be
<br />solely for the benefit of; and shall be enforceable only by, the parties hereto and their respective successors and
<br />permitted assigns.
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