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A TRUE COPY
<br /> CERTIFICATION ON LAS F PAGE
<br /> J . K . BARTON , CLERK
<br /> released pursuant to this Agreement, including without limitation , alcohol and drug abuse
<br /> patient records , information relating to treatment of alcohol or drug dependency . HIV
<br /> testing results , and psychological or psychiatric evaluation .
<br /> 16 , To the extent permitted by law now or hereinafter enacted , Employer agrees to indemnify ,
<br /> defend , and hold Administrator and each of its officers , directors , employees , agents , and
<br /> other representatives ( collectively, "Administrator ' s Related Parties" harmless from any
<br /> actual or threatened legal or administrative action , claim , liability , penalty , fine ,
<br /> assessment , lawsuit , litigation , or other loss , expense , or damage , including without
<br /> limitation reasonable attorneys ' fees and costs ( collectively , "Liability") , that
<br /> Administrator or Administrator ' s Related Parties may incur arising out of or relating to the
<br /> disclosure of Confidential Information to Employer, Stop Loss Carrier, or Broker ,
<br /> including without limitation any Liability incurred as a result of any actual or alleged
<br /> breach by Employer or any Related Parties of Employer of any applicable law , regulation ,
<br /> or other legal mandate or any provision of this Agreement .
<br /> 17 . Stop Loss Carrier agrees to indemnify , defend , and hold Administrator and
<br /> Administrator ' s Related Parties harmless from any actual or threatened legal or
<br /> administrative action , claim , liability, penalty , fine , assessment, lawsuit, litigation , or
<br /> other loss , expense , or damage , including without limitation reasonable attorneys ' fees and
<br /> costs (collectively , " Liability" ) , that Administrator or Administrator ' s Related Parties may
<br /> incur arising out of or in connection with any actual or alleged breach by Stop
<br /> Loss
<br /> Carrier or any of Stop Loss Carrier ' s Related Parties of any applicable law, regulation , or
<br /> other legal mandate or any provision of this Agreement .
<br /> 18 . Broker agrees to indemnify , defend , and hold Administrator and Administrator ' s Related
<br /> Parties harmless from any actual or threatened legal or administrative action , claim .
<br /> liability , penalty , fine , assessment, lawsuit , litigation , or other loss , expense , or damage ,
<br /> including without limitation reasonable attorneys ' fees and costs (collectively,
<br /> " Liability") . that Administrator or Administrator ' s Related Parties may incur arising out of
<br /> or in connection with any actual breach by Broker or any of Broker ' s Related Parties of
<br /> any applicable law , regulation , or other legal mandate or any provision of this Agreement .
<br /> 19 . Administrator shall have the option to either provide its own legal counsel or arrange for
<br /> outside counsel for the defense of such matters referenced above , and the costs of either
<br /> shall be borne by the indemnifying party in the event of indemnification .
<br /> 20 . Employer, Stop Loss Carrier, and Broker acknowledge and agree that Administrator
<br /> operates in a highly regulated and competitive environment and that the unauthorized use
<br /> or disclosure of Confidential Information will cause irreparable harm and significant
<br /> injury to Administrator, which will be difficult to measure with certainty or to compensate
<br /> through money damages . Accordingly , Administrator shall be entitled to seek injunctive
<br /> or other equitable relief, without bond , and/or specific performance as a remedy for any
<br /> breach of this Agreement . Such remedy shall not be deemed to be the exclusive remedy
<br /> for a breach of this Agreement, but shall be in addition to all other remedies available at
<br /> law or in equity .
<br /> 21 . It is understood and agreed that no failure or delay by Administrator in exercising
<br /> any
<br /> right , power or privilege hereunder shall operate as a waiver thereof, nor shall any single
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