2024-08-14 CC Packet - Laserfiche WebLink

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4.PRICES AND PAYMENT 4.1 Prices. Client shall pay Arete for Services pursuant to the prices and other related terms set forth in each executed SOW. Except for invoiced payments that the Client has successfully disputed, all late payments shall bear interest of 1% per month after the payment due date. The Client shall also reimburse Arete for all reasonable costs incurred in collecting any late payments, including, without limitation, attorneysÓ fees. 5.RELATIONSHIP BETWEEN PARTIES; NO RECOMMENDATIONS 5.1 Independent Contractor. The relationship between the Parties shall only be that of independent contractors. No Party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other Party, whether express or implied, or to bind the other Parties in any respect whatsoever. Personnel assigned by Performing Party to perform Services hereunder shall at all times remain employees of Performing Party and not employees of Client or Counsel. 5.2 No Partnership or Agency. The Parties hereto have not created a partnershipand nothing contained in this Agreement or executed SOW shall be deemed or construed as creating a joint venture or partnership between the Parties, nor create any fiduciary relationship between them for any purpose whatsoever. Each Party agrees that it does not have, nor shall it hold itself out as having, any right, power, or authority to create any contract obligation, express or implied, on behalf of, in the name of, or binding upon the other and agrees not to undertake any action which would tend to mislead anyone in this regard. Nothing herein shall be construed as providing for the sharing of profits or losses arising out of the efforts of any Party. 5.3 Privileges. The communication of Arete and the Services performed by Arete will be protected, to the fullest extent legally possible, by the attorney-work-product and attorney-client communication privileges. The purpose of the Agreement and the Services performed hereunder is to enable Counsel to render legal advice to Client in anticipation of litigation or in connection with an internal compliance investigation. Accordingly, AreteÓs communications with Client and Counsel, AreteÓs work product, and all information and data received from Client or Counsel are covered by attorney-client privilege and/or attorney work product doctrine and shall be treated and regarded as Confidential Information and subject to the confidentiality requirements of Section 14. Arete agrees to work under the direct supervision, instruction and direction of Counsel. /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋Ќ www.areteir.com