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via Voice Module or the Participant Service Center from any person representing himself or herself to be a Plan participant, provided that FICAL acts in accordance with its established procedures. 4. FICAL's responsibility with respect to the correction of its processing errors is set forth above. Except to the extent otherwise provided in this Agreement, the CLIENT's, the PLAN ADMINISTRATOR's or a participant's exclusive remedy with respect to such processing errors is set forth in Sections XI.3 and XI.4 of this Agreement. 5. FICAL PROVIDES THE RECORDKEEPING AND ADMINISTRATIVE SERVICES SET FORTH IN THIS AGREEMENT TO THE CLIENT AS IS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 6. Any claim for damages shall be limited to direct damages incurred by CLIENT as a result of FICAL's gross negligence or willful misconduct in the performance of the services set forth in this Agreement. In no event shall FICAL be liable for special incidental or consequential damages incurred by the CLIENT as a result of FICAL'S performance of the services set forth in this Agreement. XIII. GENERAL PROVISIONS 1. This Agreement is not assignable by either party without the prior written consent of the other party. 2. All information supplied to and all work processed or completed by FICAL in furtherance of terms and conditions of this Agreement shall be kept confidential by FICAL. However, FICAL shall not be required to keep confidential any information or any work processed or completed or caused to be processed or completed which is required to be disclosed by FICAL in order to comply with federal, state and county laws and regulations. 3. This Agreement is complete and embraces the entire understanding of the parties. It supersedes any prior understanding or oral agreements between the parties. The provisions of this Agreement shall not be modified or affected by any actual or alleged course of dealing, custom or usage of the parties or the trade. No change in or modification of any provision of this Agreement shall be binding upon either party, unless it is in writing and signed by both parties. 4. This Agreement shall be construed in accordance with the laws of the State of California without regard to its conflicts of laws principles. 5. Waiver by either party of any breach or default by the other party shall not be deemed a waiver of any future breach or default by such other party. 10