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DocuSign Envelope ID:68F4D2C0-E330-423E-BCO2-F830CC1A8435
<br /> services or information contemplated by this Agreement (including, without limitation, the
<br /> psychological assessment described on Exhibit A), LESI makes no representation or warranty of
<br /> any kind regarding, and assumes no liability for, any Applicant's fitness for duty with Client,
<br /> aptitude for any employment with Client, past or future performance of any job with Client, or
<br /> the outcome of any employment decision, act or omission of or by Client. Client acknowledges
<br /> that LESI's services hereunder are not designed or intended to be an exclusive or exhaustive set
<br /> of information on or assessments of any Applicant, and that Client should utilize all available
<br /> resources in making any determination of any Applicant's fitness or aptitude for employment
<br /> with Client, particularly for positions involving public contact and safety, and Client is solely
<br /> responsible for such determination.
<br /> 9. Indemnity; Limitation of Liability
<br /> 9.1 Indemnity. Client shall to the extent provided by North Carolina law protect, defend,
<br /> indemnify and hold LESI, its affiliates and their respective directors, officers, employees, and
<br /> agents, and their respective successors and permitted assigns, harmless from any and all claims,
<br /> actions, causes of action, liabilities, losses, damages, costs or expenses, including reasonable
<br /> attorneys' fees, which result from any claim based upon or arising from (i) a material breach by
<br /> Client of any of its express representations, warranties, covenants, agreements or obligations
<br /> under the Agreement; (ii) any act or omission of Client in the interview, evaluation, employment
<br /> decision or hiring/termination process related to any Applicant; and (iii) any act or omission of
<br /> any Applicant (including, without limitation, claims arising under any theory of employer
<br /> vicarious liability or r•esponcleat superior).
<br /> 9.2 Limitation of Liability. LESI EXPRESSLY DISCLAIMS, AND CLIENT HEREBY
<br /> EXPRESSLY WAIVES, ALL WARRANTIES EXPRESS OR IMPLIED RELATED TO THE
<br /> SERVICES PROVIDED BY LESI UNDER THIS AGREEMENT. NEITHER LESI NOR ITS
<br /> SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS OR REPRESENTATIVES SHALL
<br /> HAVE ANY LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR
<br /> CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES,
<br /> EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
<br /> EVENT, THE LIABILITY OF LESI TO CLIENT FOR ANY REASON AND UPON ANY
<br /> CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNTS PAID TO LESI BY
<br /> CLIENT UNDER THIS AGREEMENT. THE FEES HEREIN REFLECT, AND ARE SET IN
<br /> RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF
<br /> CONSEQUENTIAL DAMAGES SET FORTH IN THIS AGREEMENT.
<br /> 10. Force Majeure. Neither party shall be under any liability for any loss or for any failure
<br /> to perform any obligation hereunder due to causes beyond its control including without
<br /> limitation industrial disputes of whatever nature, power loss, telecommunications failure, acts of
<br /> God, acts of terrorism, or any other cause beyond its reasonable control.
<br /> 11. General
<br /> 11.1 Validity. If any part of this Agreement is held to be illegal or unenforceable, the validity
<br /> or enforceability of the remainder of this Agreement shall not be affected.
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<br /> WCSR 33289183x5
<br /> WCSR 33289183v5
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