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Article V — General Obligations and Relationship of the Parties <br />5.1 Each Provider acknowledges and agrees that all Services are being provided to all Participants in <br />their "as is" physical condition without any representations or warranties of any kind or nature, <br />express or implied, except as expressly and specifically described in provision 5.2 <br />5.2 Each Provider agrees that it shall at all times maintain its Services in good repair so as not to <br />unreasonably prohibit Participant's use of such Services. <br />5.3 Each Subscriber agrees to provide its Provider with necessary access to Subscriber systems as <br />required to perform Services requested in a duly executed Schedule between them. <br />5.4 Each Provider warrants that it has all the skills, experience, and professional licenses necessary <br />to perform the Services for the Subscriber as specified in this Agreement. <br />5.5 The relationship of a Provider and a Subscriber under this Agreement and any applicable <br />Schedule is and will continue to be that of an independent contractor. No liability or benefits, <br />such as workers' compensation, pension rights, or insurance rights, arising out of, or related to <br />a contract for hire or employer /employee relationship accrues to either Participant or either <br />Participant's agent, subcontractor or employee as a result of this Agreement. No relationship, <br />other than that of independent contractor will be implied between the parties, or either <br />Participant's agent, employee, or subcontractor. <br />5.6 In the event that a technical position becomes available through retirement or employee <br />termination, the Subscriber may invite Provider representatives to participate in the interview <br />process. However, the ultimate hiring decision will be made by the entity that posts the <br />position for hire. <br />Attachment number 2 <br />F -5 Page 106 <br />