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reasons or otherwise, shall not be taken to establish any liability of CommSys or any contract terms inconsistent with this Agreement. 8. Indemnification Each party shall indemnify and hold the other party harmless from loss, damage, liability or expense resulting from damage to property of a third party, or injuries, including death, to third parties to the extent caused by a negligent act or omission of the party providing indemnification or a party's subcontractors, agents or employees during performance of services hereunder. Such indemnification shall be reduced to the extent attributable to the indemnified party. The indemnifying party shall defend the other party in accordance with and to the extent of the above indemnification, provided that the indemnifying party is: i) promptly notified by the other party, in writing, of any claims, demands or suits for such damages or injuries; ii) given all reasonable information and assistance by the other party; iii) given full control over any resulting negotiation, arbitration or litigation, or the indemnifying party's obligations herein shall be deemed waived. The indemnification obligations under this section shall survive the termination or expiration of an order or contract between the parties for a period of five (5) years. 9. Cancellation/Termination Customer may cancel orders only upon reasonable advance written notice to CommSys and upon payment to CommSys of CommSys' cancellation charges, which include all costs and expenses incurred by CommSys in the course of performance under an order or agreement and amounts adequate to cover any commitments made by CommSys. 10. Customer Responsibilities 1. Access to Facilities: Customer shall provide CommSys ready access to the site, including physical and via computer remote access, as appropriate to where and type of services are to be performed. Customer shall not require CommSys or its employees, as a condition to site access or otherwise, to further agree or enter into any agreement, which waives, releases, indemnifies or otherwise limits or expands any rights or obligations whatsoever. Any such agreements shall be null and void. Customer shall appoint a representative familiar with the customer site and the nature of the services to be performed by CommSys to be present at all times that CommSys personnel are physically at the site. 2. Delay in Performance of Services: CommSys shall not be liable or responsible for cost, expense, or damage due to a delay in performance of services or other obligations when such delay is due to causes beyond CommSys' reasonable control, including, but not limited to, natural ©Copyright 2006 CommSys Incorporated Page 4 Proprietary & Confidential Information