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Ma r, 2b. 2012 10'04AM No, 2624 P, 4 <br /> In the event of any dction or proceeding brought by either patty against the other under this Contract, the <br /> prevailing party will be entitled to recover all costs and expenses,including court costs and reasonable attorneys'fees. <br /> 36. EXHIBfTS. <br /> Intentionally Omitted <br /> 3'7 DEFAUl.T. <br /> The occasion of a default, breach or an event which with the passage of time,giving of notice or either of them <br /> would constitute a default, In any of the terms or obligations of Contractor under another contract or agreement with <br /> Wal-Mart, or any subsidiary,division or affiiiate of Wal-Mart,shall constitute an event of default hereunder, whereupan <br /> Wal-Mart shall have the right to pursue such remedies as are provided for herein or at law or in equity, concurrently, <br /> cumulatively or successively against Contractor unt;l afl damages arising by reason of such default have been paid in full. <br /> 38. CONTROL OF PERSONNEL. <br /> Notwithstanding any provision in this Contract to the contrary,Wal-MarY does not assume responsibility for the <br /> conerol of the construction personnel of the Contractor, for assuring compliance by ConCractor with the obligations set <br /> forth hereln, or for implementation and enforcement of such obligatlons, all of whlch shall remain solely and exclusively <br /> the responsibility of the Contractor, and Wal-Mart shall not be deemed ta be a joint employer of any employees of <br /> Contractor by v;rtue of any of the terms and conditions hereof. <br /> Contractor: �f�I� l��qrl��cro-� Print Name: �1"/'� CK /v l �� �'�� <br /> BY' 7itle: G n 9 <br /> oate: � � � � f 2 <br /> Page 19 <br />