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equipment capable of connecting to the Internet and accessing CONTRACTOR's Internet <br />server (hereinafter referred to as "Web Access System"). <br />5.02 Limitation of Access to Web Access System. In the event that web access is <br />provided by CONTRACTOR, access to data in the Web Access System regarding PROVIDER <br />shall be limited to the employees, representatives and agents of CONTRACTOR and the <br />authorized personnel of PROVIDER. CONTRACTOR shall use its best efforts to maintain the <br />security of the Web Access System, but shall not be responsible for negligence with respect to <br />password security related to PROVIDER's personnel or other breaches beyond <br />CONTRACTOR's reasonable control. <br />5.03 Statistica/ Reporting. Statistical and financial data reports will be available on the Web <br />Access System at all times that the Web Access System is available. The format and content of <br />the statistical data will be established and defined by CONTRACTOR and such reports may be <br />added, modified or deleted without prior notice to PROVIDER. Notwithstanding the foregoing, <br />PROVIDER may request specific, custom reports to be available to it at an additional charge to <br />be negotiated between CONTRACTOR and PROVIDER. <br />5.04 Acknowledgement with Respect to Reports. With respect to each report generated by <br />a Web Access System, PROVIDER acknowledges and agrees: <br />(a) Each report represents a"snapshot" of a moment in time, and, as such, the snapshot <br />may not be accurate with respect to financial results on the whole. <br />(b) The underlying data may be subject to correction from time-to-time, which may change <br />the results of the report or its interpretation. <br />(c) The data represented in the report represents only a limited portion of all data available <br />regarding the PROVIDER's business. <br />(d) PROVIDER thus further acknowledges and agrees that any particular report may not <br />accurately represent the PROVIDER's then-current or future financial condition. <br />6. INDEPENDENT CONTRACTORS. The CONTRACTOR is an independent contractor and <br />not an employee or agent of the PROVIDER with the following exception: <br />To the extent necessary to fulfill its billing and collection efforts under the <br />AGREEMENT, the CONTRACTOR is authorized to sign in an administrative <br />capacity for the PROVIDER the following types of standard forms and <br />correspondences only: probate filings; letters to payers or their representatives <br />verifying that an account is paid in full; forms verifying the tax-exempt status of <br />the PROVIDER; and insurance filings and related forms. The CONTRACTOR <br />has no authority to sign any document that imposes any additional liability on <br />the PROVIDER. <br />The CONTRACTOR shall retain full control over the employment, direction, compensation and <br />discharge of all persons assisting in the performance of service by CONTRACTOR. The <br />CONTRACTOR shall be fully responsible for all matters relating to payment of employees, <br />including compliance with Social Security, withholding tax and all other laws and regulations <br />governing such matters. The CONTRACTOR shall be responsible for its own acts and those of <br />its agents and employees during the term of this AGREEMENT. <br />{00085608-1}Service Agreement Page 4 of 7 <br />_ ~ 78 <br />