PSA - Design and Oversee Construction of Bendix Theater Esports Arena Renovations & Technology Upgrades - SimplyNew

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Findings, and Recommendations. Any findings and recommendations presented as a part of this engagement will reflect the analysis of primary and secondary information provided by you and other involved parties. Information provided by third parties will not be audited or verified, unless otherwise noted, and will be assumed to be correct. As any projected information provided as a part of this engagement will be based on various trends and assumptions, there will be differences between the information presented and actual results because events and circumstances frequently do not occur as expected and those differences may be material. Subsequent Work. SIMPLYNEW, by reason of the performance of its services, is not required to furnish additional work or services, or to give testimony, or to be in attendance in court with reference to the assets, properties, or business interests in question. SIMPLYNEW will have no responsibility to update any report, analysis, or other document relating to its services for any events or circumstances occurring subsequent to the date of such report, analysis, or other document. Cgoperration. The Client shall cooperate with SIMPLYNEW in connection with the performance of its services hereunder, including providing SIMPLYNEW with reasonable and timely access to the Client's information, data, and personnel. No -Exclusivity. Nothing in this Letter shall be construed as precluding or limiting in any way the right of SIMPLYNEW to provide consulting or other services of any kind or nature whatsoever to any person or entity as SIMPLYNEW in its sole discretion deems appropriate. Fore Maieure. SIMPLYNEW shall not be liable for any delays or failures to perform its services resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war, or other violence, or any law, order, or requirement of any governmental agency or authority. Inde under t !Co traa Lor,. SIMPLYNEW is an independent contractor and not an employee, Agent or partner of Client. SIMPLYNEW is not authorized directly or indirectly to represent to any person that Consultant has the authority to bind the Client to any agreement or course of conduct. However, SIMPLYNEW shall have the right to use subcontractors, as necessary. SIMPLYNEW is solely responsible for the acts and conduct of its employees, agents and subcontractors while on the business premises of Client, and for any liability for taxes, insurance, workers compensation and other requirements relating to the employment of such persons. Inconsistencies. In the event of any conflict or inconsistency between the provisions set forth in this Letter and any other documents, the provisions of this letter shall govern. Complete Agreement. This Letter constitutes the entire agreement between the Client and SIMPLYNEW with respect to the subject matter thereof and hereof, and supersedes all other oral or written representations, understandings, and agreements between the Client and SIMPLYNEW relating to the subject matter thereof and hereof. This Letter cannot be changed, except by written instrument signed by both the Client and SIMPLYNEW. This Letter shall be binding on the Client and SIMPLYNEW, and the Client's and SIMPLYNEW's permitted successors and assigns; however, neither the Client nor SIMPLYNEW may assign this Letter without the prior written consent of the other, except that the Client and SIMPLYNEW may assign this Letter to any successor to all or substantially all of the business or assets of such party.