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4 <br />as a party shall specify in the manner required by this Section 9.1. The respective addresses are: <br /> <br />If to ACA Reporting Service: If to Client: <br /> <br />1325 Miller Road; Suite C 2930 Wetmore Ave. Suite 5A <br />Attention: Amanda Brock Everett, WA 98201 <br />Greenville, SC 29607 Attention: Human Resources <br /> <br />9.2 Alternate Dispute Resolution. The parties firmly desire to resolve all disputes arising hereunder <br />without resort to litigation in order to protect their respective business reputations and the <br />confidential nature of certain aspects of their relationship. Accordingly, the parties agree to first <br />mediate, before filing a lawsuit, any controversy or claim arising out of or pertaining to this <br />Agreement, or the breach thereof, which mediation shall be conducted virtually in Greenville, <br />South Carolina. The mediator shall be mutually agreed to by the parties and shall not have <br />previously represented ACA Reporting Service, Client, or any affiliate of either party in any <br />capacity. No disclosure of the mediation process or the result thereof shall be made by the parties <br />except as required by the law or as necessary or appropriate to enforce the terms of any binding <br />agreement executed by the parties at the conclusion of such mediation. <br /> <br />9.3 No Jury Trial. The parties hereby knowingly, voluntarily, and intentionally waive the <br />right any of them may have to a trial by jury in respect of any litigation based hereon or <br />arising out of, under, or in connection with this Agreement. <br /> <br />9.4 No Third Party Beneficiaries. This Agreement is entered into for the sole benefit of ACA <br />Reporting Service and Client. Nothing contained herein or in the parties course of the dealings <br />shall be construed as conferring any third party beneficiary status on any person or entity not a <br />party to this Agreement, including without limitation, any employee of Client. <br /> <br />9.5 Successors and Assigns. This Agreement will inure to the benefit of and be binding upon <br />the successors and assigns of the parties. However, this Agreement is not assignable by <br />either party without the prior written consent of the other party, except that SKY <br />Insurance Technologies may assign or transfer this Agreement to any entity owned or <br />under common control with it. Written consent will not be unreasonably withheld. <br /> <br />9.6 Not a Fiduciary, Plan Administrator or Agent. SKY Insurance Technologies shall not be <br />considered a fiduciary, plan administrator, or agent of any plan for which it provides <br />Services under this Agreement. <br /> <br />9.7 Independent Contractors. The parties are independent contractors and neither party is an <br />employee, agent, servant, representative, partner, or joint venturer of the other. Neither party has <br />the right or ability to bind the other to any agreement with a third party, or to incur any obligation <br />or liability on behalf of the other party, without the other party’s written consent. ACA Reporting <br />Service shall be solely responsible for all compensation, benefits, and taxes associated with its <br />employees and their performance under this Agreement.