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<br />with any applicable Documentation or specifications. This section provides THE SOLE, EXCLUSIVE, AND
<br />ENTIRE LIABILITY OF AVOLVE AND ITS LICENSORS TO CUSTOMER, AND IS CUSTOMER'S SOLE REMEDY,
<br />WITH RESPECTTO THE INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS.
<br />b. Limitation of Liability. In no event will Avolve be liable for special, indirect, incidental, consequential,
<br />or exemplary damages, including, without limitation, any damages resulting from loss of use, loss of
<br />data, interruption of business activities, or failure to realize savings arising out of or in connection with
<br />this agreement, including without limitation use of the Avolve SAAS Solution and the provision of the
<br />Professional Services. Except for direct damages and expenses associated with Avolve's obligation to
<br />indemnify Customer pursuant to Section C (7) (a), Avolve's aggregate, cumulative liability for damages
<br />and expenses arising out of this Agreement, whether based on a theory of contract or tort, including
<br />negligence and strict liability, will be limited to the amount of fees received by Avolve under this
<br />Agreement (which fees may have been received by Avolve from Financing Company or directly from
<br />Customer). Such fees reflect and are set in reliance upon this limitation of liability. The limited
<br />remedies set forth in this Agreement shall apply notwithstanding the failure of their essential purpose.
<br />8. Support: Warranties.
<br />a. Support. During the Customer's Subscription Term, at no additional cost to the Customer, Avolve shall
<br />provide the Avolve SAAS Solution in accordance with Avolve's Service Level Agreement (attached
<br />hereto as Exhibit 1).
<br />b. Warranties. Customer warrants and covenants that it owns or otherwise has and will have the
<br />necessary rights and consents in and relating to the Customer Data so that, as received by Avolve and
<br />processed in accordance with this Agreement, they do not and will not infringe, misappropriate or
<br />otherwise violate any intellectual property rights, or any privacy or other rights of any third party or
<br />violate any applicable laws or any government regulations, including but not limited to all foreign,
<br />United States federal and United States state recording laws. If Customer is purchasing from Avolve
<br />resold rights to Microsoft Cloud for US Government, Customer further warrants that it is one of the
<br />following: (1) a bureau, office, agency, department or other entity of the United States Government;
<br />(ii) any agency of a state or local government in the United States; (iii) any United States county,
<br />borough, commonwealth, city, municipality, town, township, special purpose district, or other similar
<br />type of governmental instrumentality established by the laws of Customer's state and located within
<br />Customer's state jurisdiction and geographic boundaries; or (iv) a federally -recognized tribal entity
<br />performing tribal governmental functions and eligible forfunding and services from the US Department
<br />of Interior by virtue of its status as an Indian tribe.
<br />Disclaimer. Avolve AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES
<br />STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
<br />TITLE, NON -INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO
<br />WARRANTY IS GIVEN AS TO ACCURACY, ERROR -FREE OR UNINTERRUPTED SERVICE. CUSTOMER
<br />ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES, ANY AVOLVE MATERIALS,
<br />THE AVOLVE SAAS SOLUTION OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR
<br />SUFFICIENT FOR ITS PURPOSES. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION
<br />OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD -PARTY HOSTING PROVIDERS.
<br />Avolve makes no warranties or conditions as to any services or products distributed under a third -party
<br />name, copyright, trademark or trade name that may be offered with or incorporated with the Avolve
<br />SAAS Solution or Professional Services provided by Avolve hereunder (such as the Microsoft hosting
<br />services). To the maximum extent permitted by law, Avolve will have no liability in connection with
<br />the third -party services or products.
<br />9. Notices: Any notices being given by this Agreement shall be in writing and shall be effective if delivered
<br />personally, sent by prepaid courier service, sent by prepaid mail, or sent by facsimile or electronic
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