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Customer agrees to pay reasonable attorneys' fees plus all reasonable expenses incurred by Dynamic Quest in
<br />enforcing this Agreement and any Addendum. Customer shall pay a Twenty Five Dollar ($25.00) fee (or such greater
<br />amount incurred by Dynamic Quest) for all checks returned for insufficient funds or for any other reason in connection
<br />therewith.
<br />14.Dynamic Quest shall not be held responsible for any delay or failure in performance to the extent such delay or
<br />failure is caused, without limitation, by fire, flood, disease, pandemic, explosion, war, strike, embargo, government
<br />requirement, act of God, inability to secure raw material or transportation facilities, act or omission of carriers or
<br />suppliers or any other causes beyond its control whether or not similar to the foregoing.
<br />15.Dynamic Quest warrants that services will be performed in workmanlike manner. Any claim for breach of this service
<br />warranty must be made by written notice by Customer to Dynamic Quest within two (2) weeks following the date of
<br />completion of the applicable Service for which the claim was made. Dynamic Quest hereby assigns to, to the extent
<br />legally permissible and assignable, Customer the warranty given to Dynamic Quest by its supplier of any such
<br />material. At Customer’s request, Dynamic Quest or its supplier will provide to Customer a written statement of any
<br />supplier warranty. Dynamic Quest does not warrant software to be error free. If any defect appears in material
<br />provided by Dynamic Quest in connection with this Services, Dynamic Quest will, at its option and in sole discretion,
<br />either repair or replace the defective materials without charge, or credit or refund the purchase price of the defective
<br />material to Customer, provided that: (i) the defect appears within the applicable warranty period or thirty (30) days
<br />from installation, whichever is less, (ii) Customer notifies Dynamic Quest in writing of the claimed defect promptly
<br />after Customer knows or reasonably should know of the claimed defect, and (iii) Dynamic Quest’s examination of the
<br />material discloses that the claimed defect actually exists.
<br />16.Customer understands and acknowledges that computers and network equipment are manufactured by, and run
<br />software written by, third party vendors. In addition, Customer understands and acknowledges that the Customer’s
<br />computers and network equipment are provided with internet services and/or other computer networks provided by
<br />third party network providers. Customer understands and acknowledges that said third party vendors and network
<br />providers and their products and services are beyond Dynamic Quest’s control, and that Customer’s computers and
<br />network equipment may become inoperable due to factors beyond Dynamic Quest’s control. Dynamic Quest will
<br />take commercially reasonable efforts to avoid disruptions in services caused by factors beyond its control, but it
<br />cannot guarantee that such events will not occur. Consequently, Dynamic Quest shall not be liable for any downtime
<br />or other problems with the Services that are due to factors beyond its reasonable control.
<br />17.THE FOREGOING WARRANTIES ARE IN LIEU OF AND EXCLUDE ALL OTHER EXPRESS AND IMPLIED
<br />WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
<br />PARTICULAR PURPOSE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IN RESPECT OF ANY DEFECT IN
<br />MATERIALS SHALL BE DYNAMIC QUEST’S OBLIGATION TO REPAIR, REPLACE, CREDIT, OR REFUND AS
<br />SET FORTH HEREIN.
<br />18.It is agreed and understood that Dynamic Quest’s relationship to Customer is that of an independent contractor.
<br />Neither party will be deemed to be a partner, agent, employee, or joint venturer of the other party. Dynamic Quest
<br />and its employees, agents, and contractors will not represent or imply that they are employees, agents, partners, or
<br />joint venturers of Customer. Likewise, Customer and its employees, agents, and contractors will not represent or
<br />imply that they are employees, agents, partners, or joint venturers of Dynamic Quest. All persons performing
<br />Dynamic Quest’s obligations under this Agreement will be considered to be solely the employees, contractors, or
<br />agents of Dynamic Quest or its contractors, and Dynamic Quest and its contractors will be responsible for ensuring
<br />payment of any and all salaries, wages, payroll taxes, insurance, and other items payable to or on behalf of such
<br />personnel performing Services hereunder, and for maintaining worker’s compensation insurance on such personnel.
<br />19.In performing the Services under this Agreement, Dynamic Quest and its personnel will materially comply with all
<br />applicable laws, ordinances, rules, and regulations.
<br />20.If any portion of the Services will be performed at Customer’s premises, Dynamic Quest’s personnel will comply with
<br />Customer’s site rules at all times while on Customer’s premises. Customer will provide Dynamic Quest, in advance
<br />and with adequate time to review, with a copy of its then-current site rules. It will also inform Dynamic Quest in writing
<br />in advance of any site visit of any foreseeable issues impacting access to the work area in question, including if the
<br />work area is elevated more than three (3) feet from ground level or involves an enclosed space. Dynamic Quest will
<br />send a technician onsite if Dynamic Quest, deems in its reasonable discretion, it is necessary to resolve any problem
<br />that cannot be resolved remotely. In addition, Customer must be willing to provide reasonable hands-on support
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<br />DocuSign Envelope ID: BFF5690F-4716-4836-B8D9-3E84C4C21608DocuSign Envelope ID: 794DFC24-0B3E-4B79-89C7-5EB660107E4B
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