American Home Shield 2010 Annual Report Download - page 226

incompatible with those for which it was collected or subsequently authorized by the data subject; and (iii) has complied, and will
comply, with all applicable Laws which may regulate the transfer of Customer Data by Service Provider and its subcontractors
between the United States and Service Provider Locations outside the United States and among any such Locations; provided, that
Service Provider makes no representation or warranty with respect to any such transfers that occur solely as a result of the business
operations of the Customer Group (and not as a result of Service Provider's operations relating to its provision of the Services).
(h) Compliance with Immigration Laws. Service Provider will at all times comply with all applicable Laws
relating to the screening, hiring and employment of all labor forces used in connection with its provision of the Services, including
those relating to citizenship or legal work status, including the U.S. Immigration Reform and Control Act of 1986, as amended, and
its successors, if any, and any implementing regulations therefor. Service Provider will not assign Services to be performed to any
Service Provider personnel who are not legally permitted to perform such Services under such Laws, and if any Service Provider
personnel performing any of the Services is discovered not to be so permitted, Service Provider will immediately remove such
personnel from performing Services hereunder and replace such personnel with personnel who is so permitted.
(i) No Litigation. There is no action, suit, proceeding or investigation pending or, to Service Provider's
knowledge, threatened, that questions the validity of the Agreement or Service Provider's right to enter into this Agreement or any
Transaction Document or to consummate any of the transactions contemplated by them.
6.3. Pass-Through Warranties
In the event Service Provider purchases or procures any Third Party products or services for Customer in connection
with the provision of the Services, in addition to the foregoing representations, warranties and covenants, Service Provider shall pass-
through or assign to Customer the rights Service Provider obtains from the manufacturers and/or vendors of such products and
services (including warranty and indemnification rights), all to the extent that such rights are assignable.
6.4. Disclaimer
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR IN ANY TRANSACTION
DOCUMENT, THE PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS (STATUTORY OR
OTHERWISE), EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING THE MERCHANTABILITY,
SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR RESULTS TO BE DERIVED FROM THE USE OF
ANY SERVICE, SOFTWARE, HARDWARE, DELIVERABLES OR OTHER MATERIALS PROVIDED UNDER THIS
AGREEMENT.
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