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(2) the Services shall be rendered with promptness and diligence and in a <br />workmanlike manner, in accordance with the practices and high professional <br />standards used by professional services organizations performing services similar <br />to the Services; <br />(3) National shall be aware of, and familiar with, all collective bargaining <br />agreements that do or may pertain to or affect the Services or other work at the <br />job sites. National shall plan and conduct its operations so that National <br />Personnel and National Agents will work with the IRC personnel in a manner that <br />avoids delays, work stoppages, excessive labor costs, or other labor difficulties; <br />(4) National shall perform all Services under this Agreement, and otherwise conduct <br />its operations in a manner so as to avoid the risk of bodily harm to persons or <br />risk of damage to any property. In the event National fails to promptly correct <br />any violation of safety or health regulations, IRC may suspend all or any part of <br />the Services, and National shall not be entitled to any extension of time or <br />reimbursement for costs caused by any such suspension order. The failure of IRC <br />to order suspension of any or all of the Services shall not relieve National of its <br />responsibility for the safety of persons or property. National shall maintain an <br />accurate record of and shall promptly report to IRC all cases of property damage <br />in excess of $100 and of death, occupational diseases, or injury to National <br />Personnel or any third -parties arising from or related to the performance of the <br />Services. National shall promptly notify IRC and provide a copy of any safety <br />citation issued by any governmental entity. <br />(5) National shall keep all work areas in which it is performing Services free from <br />accumulation of waste materials or rubbish arising out of the Services, and prior <br />to completion of the Services shall remove and properly dispose of any such <br />rubbish, as well as remove all Equipment and materials not property of IRC or its <br />customers. Upon completion of Services, National shall leave the work area in a <br />condition satisfactory to IRC or its customers. In the event of National's failure <br />within a reasonable amount of time to comply with any of the foregoing, IRC <br />may, after notice to National of such failure, perform the cleanup and removal at <br />the expense of National; <br />(6) neither the National Software, nor the Tools, Systems or Equipment provided by <br />National, nor the Services or Documents will infringe upon the proprietary rights <br />of any third -party; <br />(7) National shall use current industry standard virus detection practices to ensure <br />that no viruses or similar items are coded or introduced into IRC Software or <br />Computing Systems. National agrees that, in the event a virus is found to have <br />been introduced into the IRC Software or Computing Systems, National shall use <br />commercially reasonable efforts to assist IRC in reducing the effects of the virus <br />and, if the virus causes a Toss of operational efficiency or loss of data, to assist <br />IRC to the same extent to mitigate and restore such losses at no additional <br />expense to IRC; and <br />(8) without the consent of IRC, National shall not insert into the Software or Systems <br />used to provide the Services any code that would have the effect of disabling or <br />37 <br />