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Last modified
7/26/2023 9:08:40 AM
Creation date
5/10/2022 9:18:10 AM
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Contracts
Company Name
PRIME GOVERNMENT SOLUTIONS INC; PRIMEGOV
Contract #
N-2022-126
Agency
Information Technology
Expiration Date
5/4/2023
Destruction Year
2028
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Claims may be settled without the consent of the Indemnitee, unless the settlement <br />includes an admission of wrongdoing, fault or liability. <br />16 DISCLAIMERS AND LIMITATIONS <br />16.1Except with regard to Customer's payment obligations under clause 5 and with regard <br />to either party's indemnification obligations under clause 15, at the time of the event <br />or circumstance giving rise to such claim. Except in regard to Customer's breach of <br />clause 7, in no event will either party be liable for any indirect, special, incidental, <br />consequential damages of any type or kind (including, without limitation, loss of data, <br />revenue, profits, use or other economic advantage). <br />16.2The Supplier is not responsible for any defects or damages resulting from Customer's <br />or Customer's agents or employees mishandling, abuse, misuse, accident or Force <br />Majeure. The Customer agrees to inform the Supplier of any Customer system change <br />that may reasonably be expected to affect the Supplier's ability to provide the Service <br />and shall notify the Supplier of any change to its IT configuration affecting the Services. <br />The Supplier shall not be held responsible for the availability of telephone lines, the <br />Internet, electricity or servers outside its reasonable control. The Supplier provides no <br />warranty or guarantee in relation to speed of delivery of the Service, Including the <br />speed of any restores. The speed of delivery of the Service Is dependent on factors <br />outside the control of the Supplier including inter alia the speed, functionality and <br />condition of the Customer's IT Infrastructure, the amount of data being restored <br />and/orthe bandwidth of the Customer's internet connection. Any errors caused arising <br />from the inadequacy or defectiveness of the Customer's IT infrastructure and/or the <br />connectivity and bandwidth of the Customer's internet connection may affect the <br />delivery of the Service including the performance of any restores. The Supplier will <br />notify Customer of any technical failures in respect of delivery of the Service of which <br />it is aware and subject to the terms of the Service Level Commitments, will endeavor <br />to work with Customer to assist with rectification of any such failures. Customer <br />acknowledges that changes may be required to the Customer's IT infrastructure <br />and/or to its internet connectivity including its bandwidth capacity or otherwise to <br />improve the speed, performance and/or delivery of the Service. Customer shall be <br />responsible for the cost of any such changes. Any administrative and technical <br />notifications in respect of the delivery of the Service will be sent by email to the <br />Customer. <br />16.3 Except as set forth In the Service Level Commitments, the Supplier makes no warranty <br />that the Service will be uninterrupted, timely, secure or error free. The Supplier <br />expressly disclaims all liability howsoever arising from any change made to the <br />Customer's IT configuration of the Client Environment of which Customer has not <br />notified the Supplier in writing. No statement, whether oral or written, obtained by <br />Customer from the Supplier shall create any warranty not expressly made herein. <br />16AThe Customer recognizes that the Internet consists of multiple participating networks <br />that are separately owned and not subject to the Supplier's control. The Customer <br />agrees that the Supplier shall not be liable for damages incurred or sums paid when <br />the Service is temporarily or permanently unavailable due to malfunction of, or <br />cessation of, internet services by networks or Internet service providers not subject to <br />the Supplier's control, or for transmission errors in, corruption of, or the security of <br />the Customer Data or data transmitted through the Service carried on such networks <br />
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