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c. The Library Corporation shall have no obligation to defend the Library or to pay costs, <br />damages, or attorney's fees for any claim based upon (1) use of other than a current <br />unaltered release of the Licensed Software if such infringement would have been <br />avoided by the use of a current unaltered release of the Licensed Software, or (2) the <br />combination, operation or use of any Licensed Software or data with non -Library <br />Corporation programs or data if such infringement would have been avoided by the <br />combination, operation or use of the Licensed Software with other Library Corporation - <br />approved programs or data. <br />d. The foregoing states the entire obligation of The Library Corporation with respect to <br />infringement of patents or copyrights. <br />16 Limitation of Remedies. The Library's right to recover damages to property caused by The Library <br />Corporation's fault or negligence shall be limited to one million dollars ($1,000,000.00), except for <br />a patent or copyright violation as contained in paragraph 15, Patent and Copyright. The Library <br />Corporation shall not be liable in any event for any damages resulting from the Library's use of <br />products, even if advised of the possibility of such damage. This limitation of liability shall apply <br />regardless of the form of action, whether in contract or tort, including negligence. This Agreement <br />shall be subject to the provisions of the Uniform Commercial Code, with all Hardware and Software <br />to be defined as "Goods". <br />a. In no event will The Library Corporation be liable for any damage caused by the <br />Library's failure to perform its responsibilities or for any lost profits or other <br />consequential, special, or indirect damages, even if The Library Corporation has been <br />advised of the possibility of such damages. <br />17. Waiver of rights. The waiver or failure of The Library Corporation to exercise in any respect any <br />right provided for herein shall not be deemed a waiver of any further right hereunder. <br />18. Severability. If any provision of this Agreement is invalid, illegal or unenforceable under any <br />applicable statute or rule of law, it is to that extent to be deemed omitted, and the remaining <br />provisions shall not be affected in any way. <br />19. Headings. The headings of the various Paragraphs and Subparagraphs herein are for convenience <br />only and shall not control or affect the meaning or construction of any provisions of this Agreement. <br />20. Governing Law. This Agreement shall be subject to all applicable laws of the Federal Government <br />of the United States of America and to the laws of the State of California. The applicable law for <br />any legal disputes arising out of this Agreement shall be the law of the State of California. <br />21. Saving Clause. All quotations and Agreements are contingent upon accidents, fires, availability of <br />materials, and all other causes beyond the control of either party. Typographical and stenographic <br />errors are subject to correction. Terms inconsistent with those stated herein, which might appear <br />on the Library's formal order or Request for Proposal, will not be binding on The Library Corporation. <br />City of Santa Ana <br />Page 8 <br />25B-10 <br />