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14. INDEMNIFICATION; LIMITATIONS OF LIABILITY
<br />Clarity's Indemnification & Limits of Liabilities Clarity will indemnify, defend, and hold Client
<br />harmless from and against any and all claims or liabilities arising or resulting from Clarity negligent failure to
<br />comply with its obligations and responsibilities hereunder. THE MAXIMUM TOTAL LIABILITY OF CLARITY TO
<br />CLIENT SHALL BE LIMITED TO MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED Twenty Five Thousand
<br />($25,000.00) Dollars. THIS REMEDY IS CLIENT'S SOLE AND EXCLUSIVE REMEDY. CLARITY SHALL NOT
<br />BE RESPONSIBLE FOR ANY CONSEQUENTAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE
<br />DAMAGES, OR FOR ANY ATTORNEYS FEES, OTHER RELATED COSTS AND EXPENSES, FINES,
<br />PENALTIES, ASSESSMENTS, LIENS, AND INVESTIGATION COSTS AND INTERESTS, EVEN IF CLARITY
<br />HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
<br />15. INDEPENDENT CONTRACTOR
<br />This Agreement is between Clarity and the Client as independent entities and is not intended, and shall
<br />not be construed, as creating any partnership, joint venture or any other legal relationship between the Parties
<br />except that of Clarity being an independent contractor of Client.
<br />16. NO BINDING AUTHORITY
<br />Neither Clarity nor Client, nor any of their respective agents, representatives or employees shall haveany
<br />right, power or authority to bind or to create any legally binding obligations on the other Party, and/or to enter
<br />into any agreements, obligations or understandings, nor to incur any liabilities, on behalf of the other Party.
<br />17. RIGHT TO SUBCONTRACT
<br />Clarltv Subcontractors & Vendors. Clarity, at its option, shall have the right to provide the Services under
<br />this Agreement through one or more third parties (i.e. subcontractors or vendors) engaged byClarity.
<br />18. EXCLUSIVE/NON-EXCLUSIVE ARRANGEMENT
<br />Clarity shall be the exclusive provider for Client of all the Services described in this Agreement which
<br />Client selects. Client shall not have any other TPA service provider provide any of the Services described in this
<br />Agreement for Client during the term of this Agreement. During the term Client may select additional Services
<br />for Clarity to provide which are in addition to those the Client selects at the time this Agreement is executed.
<br />19. SURVIVING PROVISIONS
<br />Those Sections, which by the nature of their terms, survive the expiration/termination of this Agreement,
<br />and, specifically, Sections 4, 9, 11, 12, 13, 15, 16, 17, 18, 23 and Schedule C , shall survive thetermination or
<br />expiration of this Agreement.
<br />28. ARBITRATIONfWAIVER OF JURY TRIAL
<br />860520
<br />11.2.2016
<br />a. Scope of Arbitrator's Authority The arbitrator shall also have the sole authority to resolve any
<br />and all issues over the arbitrability of any Claim, or any other issues relating to the enforceability and
<br />application of this arbitration process to any claim, including the applicability of any statute of limitations, and
<br />shall decide any and all other issues relating to the use of this arbitration process by the Parties as the
<br />exclusive means to resolve any and all Claims between them.
<br />Waiver of Ji,ry Trim The Parties voluntarily and knowingly acknowledge their understanding that under
<br />this provision for arbitration they are waiving (i.e., giving up) their right to bring a law suit in a court of law and to
<br />have a judge and a trial by a jury to resolve any of the Claimsbetween them.
<br />b. Costs of Arbitration. Each Party shall bear its own costs for attorneys' fees, experts, and all other
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