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7. REPRESENTATIONS AND WARRANTIES 7.1. Mutual Representations and Warranties. Each Party represents and warrants to the other that (i) it has duty authorized the execution, delivery, and performance of this Agreement, and such authorization is in full force and effect; (ii) it will comply with the attached BAA, and all applicable federal and state laws, including but not limited to HIPAA; and (iii) the certificates of Provider professional liability insurance provided to Employer under Section 10.5 below are true and correct. 7.2. Representations, Warranties, and Additional Responsibilities by 98point6. 98point6 represents and warrants to Employer that the Technology Services will conform in all material respects to the documentation for the Technology Services made available on the Platform. For any non-conformity with the foregoing warranty, 98point6 wilt promptly engage in commercially reasonable efforts to correct such non- conformance, which will be 98point6's sole responsibility and Employer's sole remedy for any such non-conformance. Further, 98point6 represents and warrants to Employer that it is the owner of the Platform and of each and every component thereof, and that it has and will maintain the full power and authority to grant the intellectual property and other rights granted in this Agreement without the further consent of any third party. 7.3. Representations, Warranties, and Additional Responsibilities by Employer. Employer represents and warrants to 98point6 that it is responsible for compliance with ERISA. Employer further represents and warrants that it will only use Participant Data in accordance with applicable law. Employer represents and warrants to 98point6 that any eligibility and Plan information it has given or will give 98point6 in connection with the Parties' performance of this Agreement is complete and accurate. Further, Employer represents and warrants to 98point6 that any directions given to 98point6, or action it has taken or will take pursuant to this Agreement, will be in accordance with applicable law. Employer acknowledges and agrees that 98point6 is entitled to rely upon such eligibility and Plan information and directions and that 98point6 will not be responsible for losses of any kind that directly result from such eligibility and Plan information and directions. Further, Employer agrees to reimburse 98point6 for any reasonable losses it may incur as a result thereof. Further, Employer acknowledges and agrees that 98point6 will not be responsible for any penalties, taxes, or judgments Employer incurs in connection with the Plan. 98point6 has no duty, now or in the future, to determine whether the Plan complies with HIPAA; the Internal Revenue Code, as amended; the Employee Retirement Income Security Act of 1974, as amended; or the Patient Protection and Affordable Care Act of 2019, as amended by the Health Care and Education Reconciliation Act of 2010, as further amended ("ACA"), and no duty to determine whether the Plan or the Plan design avoids ACA penalties or fees. 7.4. Warranty Disclaimers. Except for the limited warranties expressly set forth in this Section 7, the Services (including the Technology Services and any Medical Services provided in connection therewith) are provided strictly on an "as is" and "as available" basis without warranty of any kind, express, implied, or statutory. The express warranties set forth in this Agreement are in lieu of, and 98point6 specifically disclaims, all other warranties whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non- infringement. Without limiting the foregoing, Employer specifically acknowledges that 98point6 and its licensors make no warranty that the Services wilt meet Employer's or Participants' requirements or be error-free or without interruption; that all errors wilt Subscription Agreement 11 20190227.v10.1