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In connection with this engagement, we may communicate with you or others via email
<br /> transmission. As emails can be intercepted and read, disclosed, or otherwise used or
<br /> communicated by an unintended third party, or may not be delivered to each of the parties to
<br /> whom they are directed and only to such parties, we cannot guarantee or warrant that emails
<br /> from us will be properly delivered and read only by the addressee. Therefore, we specifically
<br /> disclaim and waive any liability or responsibility whatsoever for interception or unintentional
<br /> disclosure of emails transmitted by us in connection with the performance of this engagement.
<br /> In that regard, you agree that we shall have no liability for any loss or damage to any person or
<br /> entity resulting from the use of email transmissions, including any consequential, incidental,
<br /> direct, indirect, or special damages, such as loss of revenues or anticipated profits, or disclosure
<br /> or communication of confidential or proprietary information.
<br /> It is our policy to retain engagement documentation for a period of seven years, after which time
<br /> we will commence the process of destroying the contents of our engagement files. To the extent
<br /> we accumulate any of your original records during the engagement, those documents will be
<br /> returned to you promptly upon completion of the engagement, and you will provide us with a
<br /> receipt for the return of such records. The balance of our engagement file, other than the
<br /> compiled financial statement, which we will provide to you at the conclusion of' the engagement,
<br /> is our property, and we will provide copies of such documents at our discretion and if
<br /> compensated for any time and costs associated with the effort.
<br /> In the event 'we are required to respond to a subpoena, court order or other legal process for the
<br /> production of documents and/or testimony relative to information we obtained and/or prepared
<br /> during the course of this engagement, you agree to compensate us at our standard hourly rates
<br /> then existing for the time we expend in connection with such response, and to reimburse us for
<br /> all of our out-of-pocket costs incurred in that regard.
<br /> In the event that we are or may be obligated to pay any cost, settlement, judgment, fine, penalty,
<br /> or similar award or sanction as a result of a claim, investigation, or other proceeding instituted by
<br /> any third party, and if such obligation is or may be a direct or indirect result of any inaccurate or
<br /> incomplete information that you provide to us during the course of this engagement, you agree to
<br /> indemnify us, defend us, and hold us harmless as against such obligation.
<br /> You agree that any dispute (other than our efforts to collect an outstanding invoice) that may
<br /> arise regarding the meaning, performance or enforcement of this engagement or any prior
<br /> engagement that we have performed for you, will, prior to resorting to litigation, be submitted to
<br /> mediation, and that the parties will engage in the mediation process in good faith once a written
<br /> request to mediate has been given by any party to the engagement. Any mediation initiated as a
<br /> result of this engagement shall be administered within the county of Contra Costa, California, by
<br /> a mediation organization, according to its mediation rules, and any ensuing litigation shall be
<br /> conducted within said county, according to California law. The results of any such mediation
<br /> shall be binding only upon agreement of each party to be bound. The costs of any mediation
<br /> proceeding shall be shared equally by the participating parties.
<br /> Any litigation arising out of this engagement, except actions by us to enforce payment of our
<br /> professional invoices, must be filed within one year from the accrual of the cause of action,
<br /> notwithstanding any statutory provision to the contrary, In the event of litigation brought against
<br /> ATTY/AGR.2016.291/Maze interim services
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