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03-09-26-R
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03-09-26-R
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18 <br />B. Notices. All notices, requests, consents and other communications required <br />or permitted under this Agreement shall be in writing and delivered <br />personally, or sent by first class mail, nationally recognized overnight <br />carrier, electronic transmission, or facsimile transmission, to the party’s <br />principal place of business. All such notices, requests, information or other <br />communications shall be deemed to have been given (i) when delivered if <br />personally delivered, (ii) three business days after having been placed in <br />the mail, if delivered by mail, (iii) the business day after having been placed <br />with a nationally recognized overnight carrier, if delivered by nationally <br />recognized overnight carrier, and (iv) the business day after electronic <br />transmission or transmittal by facsimile, if transmitted with electronic <br />confirmation of receipt. <br />C. Severability. The provisions of this Agreement are severable. If any <br />provision of this Agreement is held invalid by a court of law or other tribunal, <br />the invalidity of any provision will not affect any other provision of this <br />Agreement. <br />D. Survival. The rights and obligations described in Sections IV, V, and VI shall <br />survive termination of this Agreement. <br />E. No Waiver of Rights. Nothing in this Agreement shall be deemed to limit or <br />abrogate any right or remedy available under law. The failure of any party <br />to insist upon the strict observation or performance of any provision of this <br />Agreement or to exercise any right or remedy shall not impair or waive any <br />such right or remedy. <br />F. Copyrighted Works. Employer acknowledges that Benefit Extras and its <br />agents are the sole copyright owners of all administrative guides and forms <br />and all other materials provided under the terms of this Agreement and that <br />such materials are proprietary to Benefit Extras. Benefit Extras grants <br />Employer a nonexclusive, nontransferable right to copy such materials <br />provided such copies are needed for the sole purpose of collecting and <br />reporting information regarding Covered Individuals or notifying Covered <br />Individuals of information regarding the Plan. Other materials provided by <br />Benefit Extras shall not be copied or reproduced by Employer without <br />Benefit Extras’ prior written consent. <br />G. Non-Assumption of Liabilities. Unless specifically provided in this <br />Agreement, the parties do not assume the existing or future obligations, <br />liabilities or debts of the other party. <br />H. Entire Agreement. This Agreement shall supersede and replace any and all <br />other agreements between the parties relating to the same subject matter. <br />This Agreement contains the entire agreement and understanding of the
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