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EXHIBIT 1 <br />SERIAL 16154-RFP <br />CONTRACTOR EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS <br />AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, <br />ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS <br />FOR A PARTICULAR PURPOSE. CONTRACTOR ASSUMES NO <br />RESPONSIBILITY WHATSOEVER FOR CONTRACTOR'S <br />INTERPRETATION OF PLANS OR SPECIFICATIONS PROVIDED BY <br />COUNTY, AND COUNTY'S ACCEPTANCE AND USE OF GOODS <br />SUPPLIED HEREUNDER SHALL BE PREMISED ON FINAL APPROVAL <br />BY COUNTY OR BY COUNTY'S RELIANCE ON ARCHITECTS, <br />ENGINEERS, OR OTHER THIRD PARTIES RATHER THAN ON <br />CONTRACTOR'S INTERPRETATION, TO THE EXTENT NOT <br />PROHIBITED BY APPLICABLE LAW. IN NO EVENT, WHETHER IN <br />CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING, BUT NOT <br />LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, <br />ARISING DIRECTLY OR INDIRECTLY OUT OF THE PERFORMANCE <br />OR BREACH OF THESE TERMS, SHALL CONTRACTOR BE LIABLE <br />FOR (a) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, <br />COINCIDENTAL OR SIMILAR DAMAGES SUCH AS LOSS OF USE, <br />LOST PROFITS, ATTORNEY'S FEES OR DELAYED DAMAGES, EVEN IF <br />SUCH DAMAGES WERE FORESEEABLE OR CAUSED BY <br />CONTRACTOR'S BREACH OF THIS AGREEMENT, (b) ANY CLAIM <br />THAT PROPERLY IS A CLAIM AGAINST THE MANUFACTURER, OR (c) <br />ANY AMOUNT EXCEEDING THE AMOUNT PAID TO CONTRACTOR <br />FOR GOODS FURNISHED TO COUNTY WHICH ARE THE SUBJECT OF <br />SUCH CLAIM(S). ALL CLAIMS MUST BE BROUGHT WITHIN ONE <br />YEAR OF ACCRUAL OF A CAUSE ACTION. <br />3.8 USAGE REPORT: <br />The Contractor shall furnish the County a usage report upon request delineating the acquisition <br />activity governed by the Contract. The format of the repotl shall be approved by the County and <br />shall disclose the quantity and dollar value of each contract item by individual unit. <br />