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1 <br /> each Party agrees that neither it nor its representatives or employees will use any of the Confidential <br /> Information for any reason or purpose in any way detrimental to the disclosing Party or beneficial to the non- <br /> disclosing Party (it being acknowledged by each of the Parties that any use other than for the purposes outlined <br /> in this Agreement will be deemed detrimental to the disclosing Party).The receiving Party shall hold in <br /> confidence and will a not disclose to any entity, agency, or person for any purpose any of the Confidential <br /> Information,except that the receiving Party may disclose the Confidential information to those of the receiving <br /> Party's officers, directors, employees, agents and consultants needed to complete its duties under this <br /> Agreement. For the purposes of this Agreement,"Confidential Information" is defined as any nonpublic <br /> information pertaining to either Party's business, including, but not limited to, information relating to the <br /> Party's business processes, trade secrets, customers, suppliers, finances, and business plans and strategies. <br /> Notwithstanding the foregoing, information shall not be considered confidential under this Paragraph that: (i) is <br /> publicly known prior to or after disclosure hereunder other than through acts or omissions attributed to the <br /> recipient or its employees or representatives; (ii) as demonstrated by prior written records, is already known to <br /> the recipient at the time of disclosure hereunder; (iii) is disclosed in good faith to the recipient by a third party <br /> having a lawful right to do so; (iv) is the subject of written consent of the Party which supplied such information <br /> authorizing disclosure;or (v) is required to be disclosed by law; provided that the recipient shall give the <br /> disclosing party reasonable notice in writing prior to disclosing such information in order to facilitate seeking a <br /> protective order or other appropriate remedy from the proper authority. <br /> 8. Limitation of Liability and Acknowledgement of Compliance Responsibility. Employer <br /> acknowledges and understands that SISCO is merely a reseller of the ACAWORKS website, software and <br /> documentation. As such, SISCO does not guarantee the operation of the ACAWORKS website free from <br /> interruption,defect or error. Moreover,Employer understands and acknowledges that SISCO does not have any <br /> access to or control over the data feeds provided to ACAWORKS. As a result, SISCO does not guarantee the <br /> accuracy of the ACAWORKS website output based on inputted information over which SISCO has no control. <br /> Employer hereby recognizes, acknowledges and agrees that it bears the ultimate responsibility for <br /> complying with federal law, including, but not limited to, provisions of the Patient Protection and Affordable <br /> Care Act. Moreover, Employer hereby recognizes and acknowledges that federal law is subject to change at <br /> any time and that the impact of such a change on the performance and applicability of the ACAWORKS <br /> website <br /> EMPLOYER HEREBY ACKNOWLEDGES THAT IT HAS BEEN GIVEN THE OPPORTUNITY TO <br /> INVESTIGATE THE ACAWORKS WEBSITE AND TOOLS. EMPLOYER FURTHER HEREBY <br /> ACKNOWLEDGES AND UNDERSTANDS THAT SISCO IS MERELY A RESELLER OF THE <br /> ACAWORKS WEBSITE AND SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, <br /> ACAWORKS IS PRESENTED 'AS IS' WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS <br /> OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, <br /> INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF <br /> MERCHANTABILITY, SATISFACTORY QUALITY, TITLE,NONINFRINGEMENT OR FITNESS FOR A <br /> PARTICULAR PURPOSE. SISCO DOES NOT WARRANT THE OPERATION OF THE ACAWORKS <br /> WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU BEAR THE ENTIRE RISK AS TO THE <br /> RESULTS, QUALITY AND PERFORMANCE OF THE WEBSITE AND RELATED SERVICES SHOULD <br /> TI-IE SERVICES PROVE DEFECTIVE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN <br /> BY SISCO SHALL CREATE ANY WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES <br /> AN ESSENTIAL PART OF THIS AGREEMENT. ACAWORKS WAS DESIGNED TO BE A <br /> SUPPLEMENTARY EDUCATIONAL TOOL. YOU ARE ADVISED TO NOT SOLELY RELY ON THE <br /> ACA WORKS WEBSITE AND SERVICES FOR ANY REASON. <br /> Benefit Coordinators Corporation•www.benXcel.com <br /> TWO Robinson Plaza,Suite 200,Pittsburgh,PA 15205•t 412.276.1111*f 412.276.6650 <br /> 10805 Rancho Bernardo Road,Suite 130,San Diego,CA 92127 <br /> 3 <br />