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DocuSign Envelope ID:070B775A-08EF-420D-8785-C326C9282933
<br /> than those listed immediately above within more than thirty retaliation by any Assigned Consultant, Client and Provider
<br /> (30)calendar days but less than sixty(60)calendar days of agree to provide to the other party prompt written notice of
<br /> Candidate's first day of employment with Client, TIG will the complaint and to cooperate in the prompt investigation
<br /> provide a 50% credit of the fee amount. If Candidate's and resolution of such complaint.
<br /> employment with Client is terminated for any reason on or
<br /> after sixty (60) calendar days from Candidate's first day of Article 5 Termination
<br /> employment with Client, Client shall not be entitled to any
<br /> refund or credit of the direct hire fee. 5.1 This Agreement may be terminated by either party
<br /> upon 30 days'written notice to the other party. Such notice
<br /> 2.6 For contract-to-permanent arrangements, Client shall shall be personally delivered or sent by recognized
<br /> pay the stated hourly rate for the contract term of not less overnight courier or by certified mail, return receipt
<br /> than 1040 hours. If Client hires a current or former contract requested, and shall be effective when received at the
<br /> employee within one year of placement to a permanent address appearing below.
<br /> position prior to completion of 1,040 hours, Client shall pay
<br /> to Provider a permanent placement fee percentage (as 5.2 If Client terminates this Agreement or notifies Provider
<br /> outlined in Exhibit B) of the annual compensation earned of its intent to terminate this Agreement, and Client desires
<br /> by th former contract employee during the first year of his to have all or some of the Assigned Consultants continue to
<br /> employment with Client. The conversion schedule in work at Client's facilities, Client shall have the following
<br /> Exhibit B is valid only if the candidate is converted in the options: (a) pay Provider as a conversion fee as outlined in
<br /> same position and is converted during the course of the 2.6 and Exhibit B; or (b) to continue to pay Provider for
<br /> hourly contract assignment. All other permanent hires will such Assigned Consultant services at Provider's billing rate
<br /> be subject to the permanent placement fee as outlined in in effect at the time of the termination of the Agreement for
<br /> 2.5a and/or Exhibit B. any services performed by such Assigned Consultant for a
<br /> one-year period following the cancellation of this
<br /> 2.7 Client agrees that it will not entrust Assigned Agreement. If Client hires candidate permanently during
<br /> Consultants with unattended premises, cash, checks, keys, this period, then 2.4, 2.5, and Exhibit B will apply.
<br /> credit cards, merchandise, confidential or trade secret
<br /> information, negotiable instruments, or other valuables Article 6 Remedies and Limitations of Liability
<br /> without the express prior written permission of Provider and
<br /> then only under Provider's direct supervision and control. 6.1 Any and all suits or actions to enforce, interpret or seek
<br /> Client will not request or permit any Assigned Consultant to damages with respect to any provision of, or the
<br /> use any vehicle, regardless of ownership, in connection performance or non-performance of, this Agreement shall
<br /> with the performance of services for Client. be brought in the General Court of Justice of North
<br /> Carolina sitting in Orange County, North Carolina and it is
<br /> Article 3 Independent Contractor agreed by the parties that no other court shall have
<br /> jurisdiction or venue with respect to such suits or actions.
<br /> 3.1 The services which Provider shall render under this The Parties may agree to nonbinding mediation of any
<br /> Agreement shall be as an independent contractor. Nothing dispute prior to the bringing of such suit or action.
<br /> contained in this Agreement shall be construed to create
<br /> the relationship of principal and agent, or employer and
<br /> employee, between Provider and Client. 6.2 Client acknowledges that Provider will suffer irreparable
<br /> damage if Client violates or threatens to violate the
<br /> Article 4 Certain Regulatory Compliance Agreement, and agrees that in the event of such violation
<br /> or threatened violation, Provider shall be entitled, in
<br /> 4.1 Because Client controls the facilities in which Assigned addition to its other remedies, to injunctive relief to restrain
<br /> Consultants work, it is agreed that Client is primarily such violation(s) by Client and others acting in concert or
<br /> responsible for compliance with the Occupational Safety participation with Client, without the necessity of an
<br /> and Health Act and comparable federal and state laws and injunction bond, and to recover its reasonable attorney's
<br /> regulations thereunder, to the extent those laws apply to fees incurred in connection with successfully pursuing any
<br /> Assigned Consultants assigned to Client's facility, except such injunction proceeding.
<br /> as may be otherwise agreed in writing signed by the parties
<br /> hereto. 6.3 Provider agrees to defend, indemnify, and hold
<br /> harmless Client against any and all claims, losses, and/or
<br /> 4.2 Client and Provider affirm and agree that they are equal liabilities that Client incurs (including reasonable attorney's
<br /> employment opportunity employers and that they are and fees) causes by the fault, negligence, or recklessness of
<br /> will remain in full compliance with any and all applicable Provider or Provider's officers, employees, or authorized
<br /> anti-discrimination laws, rules, and regulations. Client and agents or which arise from Provider's breach of this
<br /> Provider agree not to harass, discriminate against, or Agreement. Provided, however, that Provider shall incur no
<br /> retaliate against any employee of the other because of his liability, via indemnity or otherwise, for any claim, loss, or
<br /> or her race, national origin, age, sex, religion, disability, damage of any kind whatsoever resulting from: (a) Client's
<br /> marital status, or other category protected by law; nor shall failure to supervise, control, or safeguard premises,
<br /> either party cause or request the other party to engage in processes, or systems;. (b) Client requesting or permitting
<br /> such discrimination, harassment, or retaliation. In the event Assigned Consultants to use any vehicle, regardless of
<br /> of any complaint of unlawful discrimination, harassment, or ownership, in connection with the performance of services
<br /> The Intersect Group, LLC Page 2 of 9 Confidential
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