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<br />Client Service A reement FOGA� MATRI
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<br />D. This Subsection III.D. applies only to worksites located in Florida. To the extent required by law and then
<br />only for the limited purpose of enabling Matrix to fulfill its obligations under this Agreement, Matrix retains a right of
<br />direction and control, which may or may not be exercised, over the management of safety, risk, and hazard control at
<br />the worksite or sites affecting Leased Employees including: (i) responsibility for performing safety inspections of Client
<br />equipment and premises, (ii) responsibility for the promulgation and administration of employment and safety policies,
<br />and (iii) responsibility for the management of workers' compensation claims, claims filings, and related procedures. The
<br />foregoing retention of right by Matrix does not require the actual exercise of such direction and control by Matrix at
<br />the worksite at which or from which a Leased Employee works. Client acknowledges that (i) Matrix is required by law
<br />in Florida to retain the foregoing right, which may or may not be exercised, and (ii) Client has actual control over each
<br />worksite at which, or from which, Leased Employees work, and therefore, Client has the responsibility (i) to maintain
<br />a safe working environment, (ii) to perform safety inspections of Client equipment and premises, (iii) to promulgate
<br />and administer employment and safety policies, (iv) to provide proper training in compliance with state safety laws
<br />and federal OSHA standards, and (v) to establish and maintain such safety programs, safety policies, and safety
<br />committees as may be required by law. Further, notwithstanding Matrix's reservation of rights set forth hereinabove,
<br />Client acknowledges that Matrix is not obligated to exercise any of such rights, Matrix assumes no liability merely as
<br />a result of Matrix's reservation of such rights, and Matrix shall have no liability to Client, any Leased Employee, or any
<br />third parry in the event Matrix fails, elects, or refuses to take any action to exercise any of such rights. Client agrees to
<br />defend, indemnify, and hold Matrix harmless from any liability arising out of Client's failure to comply with or perform
<br />any of the foregoing described responsibilities. Matrix shall provide, when requested by Client or deemed necessary by
<br />Matrix, assistance in performing safety inspections of Client equipment and premises and assistance in the promulgation
<br />and administration of employment and safety policies; however, Client acknowledges that it has the responsibility for
<br />maintaining a safe work environment and for promulgating employment and safety policies. Client agrees to comply with
<br />Matrix's workers' compensation light duty requirements and shall comply with such drug free workplace policies, if any,
<br />as may be implemented by Matrix. Client agrees to immediately report to Matrix all injuries of Leased Employees. Client's
<br />failure to immediately report an injury of a Leased Employee may cause a workers' compensation claim arising out of
<br />such injury to be the responsibility of Client. In addition, Client's failure to timely report a claim may, in Matrix's discretion,
<br />constitute a breach of this Agreement.
<br />IV. BENEFIT PLANS; HEALTH CARE REFORM.
<br />A. Client acknowledges that (i) Matrix does not provide employee benefit plans to any Client, (ii) Client is responsible
<br />for securing and paying all benefit plans, and (iii) any employee benefit plans maintained by Client shall be the sole
<br />responsibility of Client. In the event Client offers its own health benefits to Leased Employees ("Client Plans"), Client
<br />shall be the sole plan sponsor and/or administrator of such plans. Client agrees that Client is solely responsible for (i)
<br />establishing and monitoring any Client Plan under Client's own tax identification number, (ii) complying with all employee
<br />notices, Form 5500s, plan updates, plan testing, HIPAA compliance, COBRA compliance, compliance with the Health
<br />Care Reform Law, and compliance with ERISA requirements, and (iii) the correct identification and representation
<br />of the Client Plans in any communication or statement issued by or on behalf of Client with regard to a Client Plan.
<br />Client understands that Matrix only provides pre-tax administration for the Leased Employees that are covered by a
<br />Client health plan. Matrix does not have any responsibility for the current COBRA participants on Client's group health
<br />and life insurance plan in effect as of the effective date of this Agreement. Client has and will continue to assume full
<br />responsibility for the continuation of coverage under COBRA for the current COBRA participants in addition to any
<br />Leased Employees who may elect COBRA coverage under the Client's plan during the term of this Agreement, for the
<br />remainder of their COBRA eligibility period.
<br />B. Without limiting the foregoing, any penalties and liabilities assessed against or incurred by any Matrix Indemnified
<br />Party (as hereinafter defined) arising out of or based upon a violation or alleged violation of the provisions of the Patient
<br />Protection and Affordable Care Act of 2010, the Health Care Education Reconciliation Act of 2010, or any guidance
<br />or regulation issued under any of the foregoing laws (collectively, the "Health Care Reform Law") with regard to any
<br />Leased Employee are the sole obligation and responsibility of Client. in addition to any other indemnification provision
<br />set forth in this Agreement, Client hereby unconditionally agrees to defend, indemnify, and hold the Matrix Indemnified
<br />MOSFORM-FULLPEOENROLLMENTPACK 4 92020 MatrixOneSource
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