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4.04 Services related to any individual Work Authorization which would increase, decrease or which are otherwise
<br />outside the scope of Services or level of effort contemplated by a Work Authorization shall be Services for which the
<br />Contractor must obtain the prior written approval of the OWNER as provided by this Agreement. All terms for the
<br />performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a
<br />Work Authorization, and when properly authorized and executed by both the CONTRACTOR and the OWNER shall
<br />become an amendment to the Work Authorization or a new Work Authorization, at the sole option of the OWNER.
<br />4.05 A Work Authorization shall not give rise to any contractual rights until it meets the foregoing requirements.
<br />Each specific Work Authorization, as approved by the OWNER, shall be an addendum to this Agreement. Nothing
<br />contained in any Work Authorization shall conflict with the terms of this Agreement, and the terms of this Agreement
<br />shall be deemed to be incorporated in each individual Work Authorization as if fully set forth therein.
<br />4.06 OWNER shall not substantially change any temporary employee's assignment or job duties unless specifically
<br />authorized in writing and approved by CONTRACTOR. OWNER shall not place temporary employees in anyjobs involving
<br />the handling of cash, negotiable instruments, social security numbers, bank account numbers, or other non-public
<br />personally identifiable information, credit card information, valuables, merchandise, or similar property.
<br />ARTICLE 5 - PAYMENT PROCEDURES
<br />5.01 CONTRACTOR shall invoice OWNER weekly for services under each Work Authorization. All payments for
<br />services shall be made to the CONTRACTOR by the OWNER in accordance with the Local Government Prompt
<br />Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). Upon a determination
<br />of satisfactory completion, the OWNER Project Manager will authorize payment to be made.
<br />5.02 If CONTRACTOR is required by applicable law to provide temporary employees on the OWNER assignment
<br />with any paid time off or paid leave of any kind (including, but not limited to, paid sick or safe leave, paid
<br />maternity/paternity leave, paid family leave, etc.) (each such "Paid Leave"), CONTRACTOR shall be entitled to invoice
<br />OWNER at the current regular rate of pay for any Paid Leave taken by a temporary employee.
<br />5.03 CONTRACTOR shall have the right to request a modification to rates, in writing, no less than 60 days prior to
<br />the end of the current term of the agreement, providing sufficient backup, if there is a new or increased obligation
<br />with respect to any government -imposed or government -mandated cost, and for any inflationary cost increases with
<br />respect to the temporary employees. All changes to rates must be pre -approved in writing by both parties as an
<br />amendment to the agreement.
<br />ARTICLE 6 - INDEMNIFICATION AND LIMITATION OF LIABILITY
<br />6.01 Each party shall indemnify and hold harmless the other party, and its officers and employees, from liabilities,
<br />damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
<br />negligence, recklessness, or intentional wrongful misconduct of the other party. Owner's liability under this
<br />provision is only up to the limits set forth in 768.28, Florida Statutes.
<br />6.02 In no event shall either party be liable to the other party for any incidental, consequential, exemplary, special,
<br />or punitive damages or expenses or lost profits (regardless of how characterized and even if such party has
<br />been advised of the possibility of such damages) under or in connection with this Agreement, regardless of the
<br />form of action (whether in contract, tort, negligence, strict liability, statutory liability, or otherwise).
<br />CONTRACTOR'S maximum total liability relating to this Agreement, will be limited to direct damages not
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