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r <br />EXHIBIT D - GENERAL PROVISIONS <br />1. Professional Qualifications. All counseling, <br />assessment and referral services pursuant to this Agreement shall be <br />provided by qualified, experienced clinicians with advanced degrees <br />of at least a master's level, with special training both in short <br />term counseling and in unmasking, assessing and treating 'substance <br />abuse problems. HAI, in its sole discretion, shall provide such <br />professional counselors either from its employees or by retaining <br />such qualified professionals as independent contractors to provide <br />services under this Agreement. In the event that independent <br />contractors are utilized, HAI shall nevertheless be solely <br />responsible for ensuring that services are provided by such <br />independent contractors as required by this Agreement. <br />2. Statug of the P rties. HAI and Employer agree that <br />HAI is an independent contractor and, except as otherwise provided <br />in this Agreement or the exhibits hereto, neither is the agent of <br />the other, nor is either authorized to act on behalf of the other in <br />any manner. HAI shall be required, at its sole expense, to provide <br />all supplies, equipment and personnel necessary for its performance <br />as required herein. All personnel performing obligations of HAI <br />hereunder shall either be employees of HAI or independent <br />contractors retained by HAI. <br />3. Com lianc with Law. HAI shall be required to <br />obtain, at its sole expense, all licenses and permits necessary for <br />it to perform its obligations hereunder. Whenever necessary, _ <br />Employer agrees to cooperate with HAI in providing such information <br />and /or documents as may be necessary to obtain such licenses or <br />permits. Both HAI and Employer agree to comply with all applicable <br />local, state and Federal laws, rules and regulations prohibiting <br />discrimination or otherwise regulating the terms and conditions of <br />employment. <br />4. id n i ality. Employer agrees that all <br />participation by its employees and their dependents in programs <br />hereunder is voluntary and confidential, except as required <br />otherwise by applicable law. HAI shall not be compelled to disclose <br />to Employer any information with respect to program participants <br />obtained by HAI pursuant to their participation in programs <br />hereunder, except with the written consent of those participants, or <br />as required by law. HAI agrees that all information pertaining to <br />Employer obtained by its employees or any persons retained by it <br />pursuant to this Agreement shall be kept confidential., except as <br />required otherwise by applicable law. <br />5. Employer's Rights RPgpecting Employees. In entering <br />into this Agreement, Employer is not relinquishing any of its rights <br />and obligations to control any facets of the employment relationship <br />between Employer and participants in programs hereunder, including <br />all rights to take disciplinary action relating to any employee of <br />Employer. HAI agrees that the programs it provides for Employer <br />11 <br />R7 <br />