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WHEREAS, POSITIVELY NEUTRAL, LLC, is engaged in the business of obtaining on behalf of mediators and arbitrators (collectively referred to herein as "neutrals") evaluations of the neutrals' performance by those attorneys' who have appeared before the neutral; WHEREAS, the undersigned neutral desires to engage POSITIVELY NEUTRAL, LLC on the terms and conditions set forth below; NOW, THEREFORE, POSITIVELY NEUTRAL, LLC and the undersigned neutral agree as follows: 1. The undersigned neutral ("Neutral") hereby engages POSITIVELY NEUTRAL, LLC to perform the services set forth in this agreement, and POSITIVELY NEUTRAL, LLC hereby accepts the engagement. 2. Upon Neutral's completion of the enrollment process, including payment of all fees due, POSITIVELY NEUTRAL, LLC will conduct twenty-five surveys (conditioned upon Neutral providing POSITIVELY NEUTRAL, LLC with contact information for twenty-five or more attorneys who are willing to provide the survey information), together with the other services required of it under this Agreement. 3. The Neutral will provide POSITIVELY NEUTRAL, LLC with the names, and contact information of all attorneys who have represented parties appearing before Neutral in arbitration and/or mediation proceedings during the two year period prior to the date of this agreement. Neutral shall provide said information in the manner and form reasonably requested by POSITIVELY NEUTRAL, LLC. 4. POSITIVELY NEUTRAL, LLC will utilize its best efforts to contact and obtain from attorneys identified by Neutral an evaluation of Neutral's abilities and performance as a mediator and/or arbitrator, within thirty days of POSITIVELY NEUTRAL, LLC's receipt of the names and contact information. Neutral hereby acknowledges that POSITIVELY NEUTRAL, LLC may determine in its sole discretion the time, manner and scope of the inquiry to be made of the attorneys identified by Neutral, consistent with the scope and purpose of this Agreement, and similar to the inquiry made of other similarly situated Neutrals. POSITIVELY NEUTRAL, LLC's survey requirement shall be limited to those attorneys disclosed by Neutral, as to whom accurate contact information has been provided. If the number of attorneys identified by Neutral exceeds the number of evaluations that POSITIVELY NEUTRAL, LLC is being retained to obtain, then POSITIVELY NEUTRAL, LLC shall determine from which of the attorneys it shall seek evaluations. 5. POSITIVELY NEUTRAL, LLC will provide Neutral with the evaluation results received from the attorneys, subject to any redaction or restriction that may be required by an attorney as a condition of providing POSITIVELY NEUTRAL, LLC with the evaluation. Neutral is not entitled to receive, and POSITIVELY NEUTRAL, LLC is not required to provide, the name of any attorney who provided survey results. 6. Neutral shall have the right to maintain, use and publish the evaluation results of Neutral, subject to any restrictions reasonably imposed by POSITIVELY NEUTRAL, LLC. Neutral agrees to hold harmless and to indemnify POSITIVELY NEUTRAL, LLC from any claims, causes of action, damages or suits that may be asserted or imposed against it due to Neutral's violation of the obligations imposed by this paragraph. 7. During the term of this Agreement and any renewal hereof, POSITIVELY NEUTRAL, LLC, if requested by Neutral, and subject to Neutral's compliance with its obligations under this Agreement, shall: a. publish on its web site the information and/or a summary of the information provided by the attorneys in their evaluations of Neutral; b. publish biographical information about Neutral, the text of which Neutral shall provide to POSITIVELY NEUTRAL, LLC; c. provide a link from POSITIVELY NEUTRAL, LLC's web site to Neutral's web site. Neutral hereby acknowledges that POSITIVELY NEUTRAL, LLC may determine in its sole discretion the method, format and scope of the information to be published and link to be provided, provided that the method, formal and scope will be consistent with that utilized by POSITIVELY NEUTRAL, LLC regarding its publication of information and links relating to other arbitrators and/or mediators. 8. If Neutral determines that it failed to provide POSITIVELY NEUTRAL, LLC with a comprehensive list of names and contact information, then Neutral shall promptly inform POSITIVELY NEUTRAL, LLC of the names and contact information that were not provided. 9. If Neutral knowingly fails to provide POSITIVELY NEUTRAL, LLC with a comprehensive list of names and contact information, then POSITIVELY NEUTRAL, LLC may remove all references to Neutral from the web site and any other publication of POSITIVELY NEUTRAL, LLC, and Neutral shall not be entitled to a refund of any sums paid to POSITIVELY NEUTRAL, LLC 10. In recognition of the issues of confidentiality that pertain to the rights and obligations of POSITIVELY NEUTRAL, LLC and Neutral, the following procedures shall apply: a. POSITIVELY NEUTRAL, LLC shall not seek, and Neutral shall not provide, the names of the parties to the mediations and/or arbitrations as to which POSITIVELY NEUTRAL, LLC will seek to obtain evaluations of Neutral's performance. b. POSITIVELY NEUTRAL, LLC shall not provide Neutral with the name(s) of the attorney(s) who completed evaluations of Neutral. c. POSITIVELY NEUTRAL, LLC shall not disclose or publish on its web site or elsewhere the name(s) of the attorney(s) who evaluated Neutral. 11. The term of this Agreement shall expire one year following the date that POSITIVELY NEUTRAL, LLC delivers to Neutral the survey results provided for under paragraph 5 of this Agreement. Following the expiration of this Agreement, and any renewal hereof, POSITIVELY NEUTRAL, LLC conduct shall have no further obligation to publish on its website the information referenced in paragraph 7 of this Agreement. Provided, however, that POSITIVELY NEUTRAL, LLC and Neutral may agree to renew this Agreement under such renewal terms as may be applicable at said time. 12. Neutral agrees, acknowledges and represents that POSITIVELY NEUTRAL, LLC's obligations shall be limited solely to those obligations expressly undertaken pursuant to this Agreement, and that, under no circumstances, shall POSITIVELY NEUTRAL, LLC be held responsible or accountable for the publication of negative, defamatory or damaging information about Neutral, so long as the publication is authorized by Neutral as provided for herein. Damages recoverable by Neutral in any action or arbitration between Neutral and POSITIVELY NEUTRAL, LLC shall be limited to those sums Neutral has paid to POSITIVELY NEUTRAL, LLC under this Agreement or any renewal hereof, and Neutral shall not assert a claim or seek to recover (as compensatory, incidental, consequential, punitive, or other damages, or attorneys' fees) any sum in excess of the sums Neutral has paid POSITIVELY NEUTRAL, LLC., including any claim that arises out of or relates to POSITIVELY NEUTRAL, LLC's obtaining, failure to obtain, publication or failure to publish the evaluations and/or information contained in the evaluations that are to be obtained pursuant to this agreement. 13. Neutral and POSITIVELY NEUTRAL, LLC agree to mediate any dispute that may arise between them. If the parties are unable to agree upon a mediator or the terms of the mediation, the dispute shall be submitted to American Arbitration Association for mediation in accordance with its rules and procedures. If the mediation proves unsuccessful, the dispute shall be submitted to arbitration pursuant to the rules and procedures of the American Arbitration Association. The arbitration shall be held in the State of Connecticut, and any judicial action brought to confirm, vacate and/or modify the award shall be brought in the State of Connecticut.
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