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