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<br />Keenan & Associates – License #0451271 <br />EB Consulting Services Agreement (PM2) <br />Confidential For Client Use Only <br />(Rev. 05/15/20) <br /> Page 2 of 17 <br />workers’ compensation coverage. Except as may be expressly set forth in or <br />contemplated by this Agreement, neither party shall have the right to act on behalf of the <br />other, or to bind the other to any contract or other obligation. <br /> <br />C. In providing the Services, Keenan shall act exclusively in an advisory and consultative <br />capacity. Client shall at all times have the right to determine whether to act on or <br />implement the information, recommendations, and suggestions provided by Keenan, <br />and the manner by which any such action or implementation shall be unde rtaken. <br />Except for Keenan’s responsibilities with respect to funds obtained from or on behalf of <br />Client, Keenan shall not be a fiduciary of Client. <br /> <br />D. Keenan shall not provide any legal, tax, or accounting service, advice, or opinion, and the <br />Services shall not be interpreted as representing any such service, advice or opinion. <br />Client shall consult its own attorney on all legal issues and its own tax and accounting <br />experts on all tax, accounting, and financial matters relating to its operations, including <br />without limitation, the establishment, implementation and operation of the Plans. <br /> <br />E. In providing its Services, Keenan shall comply with all applicable state and federal laws <br />and regulations, and obtain and maintain all necessary licenses, registrations, and /or <br />permits necessary for the performance of its duties under this Agreement. <br /> <br />F. The Services provided to Client are non-exclusive and Keenan reserves the right to <br />provide the same or similar services to other clients who may be in the same industry, <br />business, or service as Client. <br /> <br />3. CLIENT’S DUTIES AND RESPONSIBILITIES <br />A. Client shall retain decision-making authority for its Plans, and shall manage the day-to- <br />day activities of the Plans, except for those duties and/or functions expressly assigned to <br />Keenan under this Agreement. <br /> <br />B. Client shall provide Keenan with timely access to such information and individuals, <br />including its outside advisors and consultants, as may be necessary for Keenan to <br />perform the Services. Keenan shall not be responsible for any delay in its performance <br />that results from the failure of Client, or any person acting on behalf of Client, to make <br />available any information or individual in a timely manner. <br /> <br />C. All information provided to Keenan, either in anticipation of or during the term of this <br />Agreement, shall be complete and accurate, and that Keenan may rely upon such <br />information. <br /> <br />D. If Client desires Keenan to obtain insurance quotes on its behalf, Client shall execute the <br />Broker of Record Designation attached hereto as Exhibit B. <br /> <br />4. COMPENSATION <br />A. Keenan’s fees for the Services rendered pursuant to this Agreement are as provided in <br />the attached Exhibit C. Any Services provided to Client that are outside of or in