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4 <br /> <br />descriptions, if any, in communicating with the individuals to be tested in a consistent manner, in making <br />appropriate employment decisions based on test results and in properly processing and advising those <br />individuals tested. <br /> <br />15. Adherence to Laws. COMPANY agrees to follow state and federal employment laws, regulations and <br />practices including, but not limited to, appropriate procedures related to employment testing as set forth in <br />the Americans’ With Disabilities Act and any and all applicable laws. COMPANY further acknowledges that <br />Company, not the Provider, nor WorkSTEPS is responsible for making employment decisions concerning <br />any post employment candidates’ or current employees’ suitability for employment or continued employment <br />and for making decisions concerning reasonable accommodations. <br /> <br />16. GENERAL INDEMNITY <br /> <br />16.A. WorkSTEPS shall indemnify and hold COMPANY, its directors, officers and employees harmless <br />from all claims, damages, losses, fines, penalties, costs and expenses, including reasonable attorneys’ fees <br />(hereafter, “Liabilities”), arising out of or resulting from this Contract, and either (1) caused, in whole or in <br />part, by the negligent act or omission of WorkSTEPS, anyone directly or indirectly employed by it (including <br />without limitation, WorkSTEPS’s subcontractors of any tier), or anyone for whose acts it may be liable, or <br />(2) related to any payments due or owing between the WorkSTEPS and its subcontractors. <br /> <br />16.B. COMPANY agrees to indemnify and hold WorkSTEPS, its directors, officers, employees and <br />PROVIDER harmless from and against any and Liabilities arising out of or resulting from this contract and <br />caused in whole or in part by the negligent act or omission or willful misconduct of the COMPANY. <br /> <br />16.C. If the Parties are concurrently negligent, each Party’s liability shall be limited t o that portion of <br />negligence attributable to it as determined under the applicable proportionate responsibility rules of the State <br />of Texas. <br /> <br />16.D. Notwithstanding anything to the contrary herein, neither Party shall be liable to indemnify the other <br />for the negligence, gross negligence or willful misconduct of the other. <br /> <br />16.E. All indemnity provisions of this Contract shall be deemed independent covenants and shall survive <br />completion or termination of the Contract or any claimed breach thereof. <br /> <br />REMAINDER OF THIS PAGE INTENTIONALLY BLANK <br /> <br />DocuSign Envelope ID: FFA73DD9-C106-407B-89D5-4182E5B591FE