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5. LIMITATION OF LIABILITY.
<br />NEITHER PARTY SHALL HAVE ANY LIABILITY HEREUNDER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR
<br />CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS
<br />OPPORTUNITIES, WHETHER OR NOT THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH.
<br />EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY MAKES ANY, AND EACH PARTY
<br />HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
<br />REGARDING THE PRODUCTS AND SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY
<br />IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED
<br />WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
<br />6. Indemnification.
<br />a. Both Parties agree to indemnify, defend and hold harmless the other Party and its parent, subsidiaries,
<br />affiliates, successors and assigns from any and all third party losses, liabilities, damages, actions, claims, expenses and
<br />costs (including reasonable attorneys' fees) which result or arise from the breach of this Agreement by the indemnifying
<br />Party. This indemnification shall supersede and nullify any indemnification requirements from the Terms of Service.
<br />b. Intellectual Property Indemnification. Wowbrary shall defend and indemnify Sponsor, its officers,
<br />agents, representatives, and employees against any and all liability, including costs, for infringement of any United
<br />States' letters patent, trademark, or copyright infringement, contained on the website or in the work product or
<br />documents provided by Wowbrary pursuant to this Agreement.
<br />General Provisions.
<br />A. Notices. All notices, requests, demands, payments and other communications which are required or may be
<br />given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally,
<br />telecopied or sent by nationally recognized overnight carrier, or mailed by certified mail, postage prepaid, return receipt
<br />requested, as follows:
<br />If to Wowbrary:
<br />Interactive Sciences, Inc.
<br />1682 Hamilton Ave
<br />Palo Alto, CA 94303
<br />Attn: Jeff Levinsky
<br />Tel: (650) 328-1954
<br />If to Sponsor:
<br />Santa Ana Public Library
<br />26 Civic Center Plaza
<br />Santa Ana, CA 92701
<br />Attn: Brian Sternberg — Executive Director of Library Services
<br />Tel: 714-647-5296
<br />B. Force Majeur. Except as otherwise expressly provided in this Agreement, neither Party shall be liable for any
<br />breach of this Agreement for any delay or failure of performance resulting from any cause beyond such Party's
<br />reasonable control, including but not limited to the weather, strikes or labor disputes, war, terrorist acts, riots or civil
<br />disturbances, government regulations, acts of civil or military authorities, or acts of God provided the Party affected takes
<br />all reasonably necessary steps to resume full performance.
<br />C. Entire Agreement. This Agreement (i) constitutes the binding agreement between the Parties; (ii) represents
<br />the entire agreement between the Parties and supersedes all prior agreements relating to the subject matter contained
<br />herein and (ill) may not be modified or amended except in writing signed by the Parties.
<br />D. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the
<br />State of California without regard to the conflicts of laws principles thereof.
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