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7.1.C. - Page 20 <br /> XII, for which YORK shall, be entitled to an equitable adjustment in its compensation <br /> this Agreement may be amended or modified only in writing if agreed to and signed by <br /> PRINCIPAL and YORK and shall be construed, performed and enforced in all respects <br /> in accordance with the laws of the State of California.. <br /> E. No party hereto shall be deemed to have waived any rights or <br /> remedies accruing to it hereunder unless such waiver is in writing and signed by such <br /> party. No delay or omission by either party hereto in exercising any right shall operate <br /> as a waiver of said right on any future occasion. All rights and remedies hereunder shall <br /> be cumulative and may be exercised singularly or concurrently. <br /> F. The descriptive headings of this Agreement are intended for reference <br /> only and shall not affect the construction or interpretation of this Agreement. <br /> G. Wherever the singular of any term is used herein it shall be deemed to <br /> include the plural wherever the plural thereof may be applicable. <br /> H. No party may assign its rights or obligations under this Agreement; <br /> provided, however, that YORK may subcontract all or part of the Services required <br /> hereunder with PRINCIPAL'S written consent, (which consent shall not be unreasonably <br /> delayed or withheld) and may at its discretion delegate to a subsidiary such of its duties <br /> as it deems appropriate, provided that such subcontracting or delegation shall not <br /> relieve YORK of any of its obligations hereunder. <br /> I. It is expressly understood and agreed that the relationship of YORK to <br /> PRINCIPAL shall be that of an independent contractor at all times, and nothing herein <br /> shall constitute either the YORK or PRINCIPAL as the partner, agent, or legal <br /> representative of the other, for any purpose whatsoever, except to the extent that YORK <br /> is the agent of PRINCIPAL for the purpose of adjusting claims. YORK shall have no <br /> right or authority to bind or obligate PRINCIPAL with respect to any matter that is not <br /> specifically provided for in this Agreement without the prior approval of PRINCIPAL. All <br /> employees or agents of YORK performing duties hereunder for YORK shall be solely <br /> and exclusively under the direction and control of YORK and shall not be deemed <br /> employees of PRINCIPAL. <br /> J. Nothing in this Agreement is intended to require YORK to engage in <br /> the practice of law. <br /> K. PRINCIPAL shall not utilize YORK'S trade names, logos, trademarks, <br /> service marks or other identification in any press release, advertisement, marketing <br /> materials, promotional literature, article, presentation or other type of communication <br /> without the prior written consent of YORK, which consent may be withheld or denied in <br /> YORK'S sole discretion. <br /> ATTY/AGR/2015.068/YORK TPA REDWOOD CITY <br /> REV:04-20-15 MLG <br /> Page 16 of 17 <br />