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DocuSign Envelope ID:93C4AB5D-9B56-4AE2-8617-1374826692F7 <br /> 9. It is expressly understood and agreed that in performing Matter services SEA, Ltd. is acting as an independent <br /> contractor and not an employee of the client and that all intellectual property rights in any visual, photographic, <br /> written or electronic work product created by SEA, Ltd., or any derivative work incident thereto, shall be and remain <br /> the property of SEA, Ltd. unless otherwise agreed in writing with the client. <br /> 10. In the event that a challenge is raised to the qualifications of any SEA, Ltd. employee, or to the methodology or <br /> admissibility of any opinions of any SEA, Ltd. employee, in any action or proceeding, including, but not limited to, <br /> motions to exclude or in limine or Daubert/Frye challenges, the client agrees to immediately notify SEA, Ltd. and to <br /> permit and enable SEA, Ltd. and/or its counsel to become involved in the defense of such challenge and to participate <br /> fully in any hearings or the preparation of written submissions or filings relating thereto. Such involvement and <br /> participation will be at the client's expense, unless otherwise agreed. The client agrees to cooperate fully with SEA, <br /> Ltd. in the defense of such challenge. <br /> 11. In the event that an SEA, Ltd. employee is to appear for deposition or trial relating to a Matter,the client agrees to <br /> provide all case materials requested by SEA, Ltd., including deposition transcripts and exhibits, to enable the SEA, Ltd. <br /> employee to prepare for his or her testimony. <br /> 12. Any modification or amendment of these Terms and Conditions must be made in writing and signed by the parties <br /> hereto, and no action or inaction of a party shall be deemed a waiver of any term or condition unless expressly set <br /> forth in writing by such party. These Terms and Conditions, and any agreement between the parties relating to the <br /> Matter, shall be governed solely by the law of the state in which the SEA, Ltd. office receiving the Matter is located, <br /> without reference to such state's choice of law provisions. <br /> 00380406.16 <br />