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<br /> via Voice Module or the Participant Service Center from any person representing himself <br /> or herself to be a Plan panicipant, provided that FICAL acts in accordance with its <br /> established procedures. <br /> 4. FICAL's responsibility with respect to the correction of its processing errors is set forth <br /> above. Except to the extent otherwise provided in this Agreement, the CLIENT's, the <br /> PLAN ADMINISTRATOR's or a participant's exclusive remedy with respect to such <br /> processing errors is set forth in Sections XI.3 and XI.4 of this Agreement. <br /> 5, FICAL PROVIDES THE RECORDKEEPING AND ADMINISTRATIVE SERVICES <br /> SET FORTH IN THIS AGREEMENT TO THE CLIENT AS IS, WITHOUT ANY <br /> EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, <br /> ANY IMPLIED WARRANTY OR MERCHANT ABILITY OR FITNESS FOR A <br /> PARTICULAR PURPOSE. <br /> 6, Any claim for damages shall be limited to direct damages incurred by CLIENT as a <br /> result of FICAL's gross negligence or willful misconduct in the performance of the <br /> services set forth in this Agreement. In no event shall FICAL be liable for special <br /> incidental or consequential damages incurred by the CLIENT as a result of FICAL'S <br /> performance of the services set forth in this Agreement. <br /> XIII. GENERAL PROVISIONS <br /> 1. This Agreement is not assignable by either party without the prior written consent of the <br /> other party. <br /> 2. All information supplied to and all work processed or completed by FICAL in <br /> furtherance of terms and conditions of this Agreement shall be kept confidential by <br /> FlCAL. However, FICAL shall not be required to keep confidential any information or <br /> any work processed or completed or caused to be processed or completed which is <br /> required to be disclosed by FlCAL in order to comply with federal, state and county laws <br /> and regulations. <br /> 3. This Agreement is complete and embraces the entire understanding of the parties. It <br /> supersedes any prior understanding or oral agreements between the parties. The <br /> provisions of this Agreement shall not be modified or affected by any actual or alleged <br /> course of dealing, custom or usage of the parties or the trade. No change in or <br /> modification of any provision of this Agreement shall be binding upon either party, <br /> unless it is in writing and signed by both parties. <br /> 4. This Agreement shall be construed in accordance with the laws of the State of California <br /> without regard to its conflicts of laws principles. <br /> 5. Waiver by either party of any breach or default by the other party shall not be deemed <br /> a waiver of any future breach or default by such other party. <br /> 10 <br /> ...- <br />