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2 valuables without the prior written permission of Company. Client shall not leave or entrust Company employees with unattended premises and will not pay Company employees directly or advance any funds to them. Client shall not request or allow a Company employee to render any opinion, sign or certify any paper, statement or return, pertaining to underwriting, tax, SEC or other related matters. Accordingly, Client waives (on behalf of itself and its insurance companies to the extent any such losses may be covered by insurance) any right of recovery against Company for any losses, costs, expenses or damages incurred by Client arising out of the work product or services provided or not provided, including any claims of negligence or malpractice, arising from services by Company’s employees assigned to Client and, further, will indemnify, defend and hold Company harmless from any claims arising out of the foregoing rules. 9. Survival. The parties’ obligations under these Terms of Service which by their nature continue beyond termination, cancellation or expiration of these Terms of Service, shall survive termination, cancellation or expiration of these Terms of Service. 10. Arbitration. The parties agree that any dispute between them arising out of this Agreement and the services hereunder shall be resolved by binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association in effect as of the date any such action thereunder is initiated. A single arbitrator will make a determination and render an award within thirty (30) days of the close of evidence in such arbitration proceeding but will have no authority to award costs or punitive damages unless the parties so agree in writing. The parties waive right to jury trial and agree that the arbitration award will be final and binding and that judgment will be entered thereon in any court of competent jurisdiction. Notwithstanding the foregoing, any party may seek immediate judicial intervention to prevent any unauthorized use or disclosure of the confidential or proprietary information of the party (or those to whom it owes a duty of confidentiality) bringing any such action. 11. Entire Agreement. These Terms of Service represent the entire agreement between the parties and supersede any prior understandings or agreements whether written or oral between the parties respecting the subject matter herein. These Terms of Service may only be amended in a writing specifically referencing this provision and executed by both parties. These Terms of Service shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns, subject to the limitations contained herein. The unenforceability, invalidity or illegality of any provision of these Terms of Service shall not render any other provision unenforceable, invalid or illegal and shall be subject to reformation to the extent possible to best express the original intent of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands with effect as of the date first above written. CITY OF SAN LEANDRO ADO PROFESSIONAL SOLUTIONS, INC By:_________________________ Printed Name: Frances Robustelli By: _________________________ Printed Name: _________________________ Title: City Manager Title: _________________________ Date:_________________________________ Date: _________________________ DocuSign Envelope ID: F9E765DD-91DA-4A2D-BAB1-BB65A99D290E September 3, 2021 | 12:24:49 PM PDT Anne Obrien Silveira Area Managing Director September 3, 2021 | 2:01:03 PM PDT 489