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considered agents or employees of the other. To the extent provided for by law,each party shall be <br /> responsible for the acts of its own employees. <br /> 12.2 Each party shall be responsible for Workers'Compensation coverage for its own personnel. <br /> i <br /> 13.0 INSURANCE REQUIREMENTS <br /> New World shall not commence work under this Agreement until it has obtained the insurance required under <br /> this paragraph. <br /> 13.1 Workers'Compensation Insurance: New World shall procure and maintain duringthe term of this <br /> Agreement,Workers'Compensation Insurance for all of its employees who engage in the work to be <br /> performed. <br /> 13.2 Liability and Property Insurance-Comprehensive Form:New World shall procure and maintain <br /> during the term of this Agreement,Liability and Property Damage Insurance in an amount not less <br /> than $1,000,000 on account of each accident; and in an amount not less than$1,000,000 for each <br /> accident for damage to property. <br /> 13.3 Automobile Liability Insurance: New World will procure and maintain during the term of this <br /> Agreement,Hired and Non-Ownership Motor Vehicle Bodily Injury and Property Damage Insurance <br /> in an amount not less than $500,000 for injuries, including accidental death, to each person; and, <br /> subject to the same limit for each person,in an amount not less than$500,000 for each accident;and in <br /> an amount not less than$500,000 on account for each accident for damage to property. <br /> 14.0DISPUTE RESOLUTION PROCEDURE <br /> 14 1 Except for matters which relate to prompt payment,or which are enforceable by injunction and/or other <br /> equitable remedies. or are related to the employee, confidentiality and/or non-disclosure paragraphs <br /> (paragraph 9.0 and its subparagraphs therein),any dispute or controversy arising out of or relating to this <br /> agreement,or breach thereof,shall be settled by the following procedure. <br /> Level 1: Before entering into Level 2 or Level 3 of this Dispute Resolution Procedure (DRP), the <br /> Customer shall enter into a series of management meetings for the purpose of resolving the dispute or <br /> controversy through normal business management practices. The series of meetings,consisting of not less <br /> than three face-to face meetings,must be held between upper-level managers of both Customer and New <br /> World.Both parties agree to put forth their best efforts in these meetings. The first two(2)meetings shall <br /> be held at Customer's offices and subsequent meetings will alternate between New World and <br /> Customer's offices. The Level 1 period shall begin when one party gives notice to the other by certified <br /> mail that it is entering into this Level I procedure to resolve the dispute. <br /> Level 2: Only after the parties have completed Level 1 of the DRP without resolving the dispute or <br /> controversy and before entering into Level 3 of the DRP,the Customer and New World shall enter into <br /> a mediation process. The mediation process is defined as follows: <br /> The parties shall select a mediator from the American Mediation Association list(or other Mediation <br /> Organization agreeable to both parties) to aid the parties In resolving the dispute or controversy.The <br /> mediator shall not bean employee or former employee of either party The first meeting shall be held at a <br /> location chosen by Customer. At the meetings,each party may present materials and/or arguments to the <br /> mediator. <br /> Level 3: Only after the completion of both Levels I and 2 above without a satisfactory resolution of the <br /> dispute or controversy,either party may bring suit in a Federal Court in the Southern District of Florida, <br /> providing Federal Court Jurisdictional requirements are met.Each parry shall bear the cost of their own <br /> legal expenses if Level 3 is used. <br /> 15.0 TERMINATION <br /> 15.1 By Customer: If New World fails to provide the Licensed Software as warranted in accordance with <br /> the terms of this Agreement,Customer may at its option terminate this Agreement with ninety(90) <br /> days written notice as follows: <br /> (i) The termination notice shall provide a detailed description(with examples)of any warranty <br /> defects claimed; <br /> (ii) New World shall have ninety(90)days from receipt of said notice to correct any warranty <br /> defects in order to satisfy the terms of this Agreement; <br /> (iii) During the ninety day cure period,Customer shall apply sound management practices and <br /> CONFIDENTIAL <br /> Page 7 <br /> (Revised 02/10/04) Indian River Co.,FL <br /> SmeadSoft Reprint Date:Wednesday,July 13,2016-13:01:57-!)ffcialDocuments:3510,Attachment Id 1,Page 7 <br />