Sodexo or within six (6) months after termination of this Agreement. If Client hires, makes any agreement with or permits employment of any such employee in any Client operation providing facilities management services within the restricted period, it is agreed by Client that Sodexo shall suffer damages and Client shall pay Sodexo as liquidated damages, and not as a penalty, an amount equal to six (6) months of the then-current annual salary of each Sodexo salaried employee hired by Client. This sum has been determined to be reasonable by both Parties after due consideration of all relevant circumstances. This provision shall survive termination of this Agreement.

5.6 Equal Opportunity and Affirmative Action Employer. Neither Party shall discriminate because of race, color, religion, sex, age, national origin, disability, sexual orientation, genetic information, veteran status, or any other basis protected by applicable law, in the recruitment, selection, training, utilization, promotion, termination, or other employment related activities concerning the Services employees. Each Party affirms that it is an equal opportunity employer. The staffing, promotion, placement or assignment of employees who work on this account must be done without any preference or limitation based on race, color, religion, sex, age, national origin, disability, sexual orientation, ancestry, citizenship, pregnancy, marital status and gender identity, genetic information, veteran status, or any other basis protected by applicable law. This obligation applies to the recruitment, selection, training, utilization, promotion, termination or other employment-related activities concerning Sodexo's employees. Under no circumstances shall Sodexo permit a request or suggestion by a client to place a particular employee in an account to override Sodexo's non-discrimination policy.

In addition, Sodexo affirms that it is an affirmative action employer. With respect to this Section 5.6, Sodexo shall comply with all applicable federal, state and local laws and regulations, including, but not limited to, Executive Order 11246; Rehabilitation Act of 1973; Vietnam Era Veterans Readjustment Assistance Act of 1974; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination in Employment Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95-507; the Americans With Disabilities Act; and any additions or amendments thereto.

5.7 Training Programs. Sodexo shall provide and maintain training equipment, films, slides, literature, daily work and project schedules, software, standard operational procedures and training manuals to be used in training the Services employees. These materials shall at all times remain under Sodexo's exclusive control and shall be deemed the property of Sodexo.

5.8 Criminal Background Checks. Sodexo shall conduct pre-employment background checks and drug screenings on its new employees prior to assigning them to provide Services at Client's Premises, as permitted by applicable federal and state law and in accordance with Sodexo's personnel policies.

ARTICLE VI

PREMISES, EQUIPMENT, MAINTENANCE AND INVENTORIES

6.1 Condition of Premises and Equipment. Any modifications or alterations to the workplace or the Premises (whether structural or non-structural) necessary to comply with any statute or governmental regulation shall be the responsibility of Client and shall be at Client's expense. Client agrees to indemnify Sodexo, to the extent permitted by Kentucky law, against any liability or assessment, including related interest and penalties, arising from Client's breach of the aforementioned obligations, and Client shall pay reasonable collection expenses,