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attorney's fees, for any injuries or damages to City in the event that such authority <br />or power is not, in fact, held by the signatory or is withdrawn. <br />b. All exhibits referenced herein and attached hereto shall be incorporated as if fully <br />set forth in the body of this Agreement. <br />C. Consultant will not be liable for any act, omission of act, negligence or defect in <br />the quality of service of any underlying carrier, licensor or other third -party service <br />provider whose facilities or services are used in furnishing any portion of the <br />Service received by the City <br />d. Consultant will not be liable for any failure of performance that is caused by or the <br />result of any act or omission by City or any entity employed/contracted on the <br />City's behalf. During the term of this Agreement, City will be responsive and <br />cooperative with Consultant to ensure the services are completed in a timely <br />manner. <br />e. Consultant shall, at all times, comply with the terms and conditions of its Privacy <br />Policy (the "Privacy Policy" found at https://www.civicl2lus.com/nrivacy- <br />olic '). Consultant will maintain commercially reasonable administrative, <br />physical, and technical safeguards designed to protect the security and <br />confidentiality of City data. Except (a) in order to provide the Services; (b) to <br />prevent or address service or technical problems in connection with support <br />matters; (c) as expressly permitted in writing by City; or (d) in compliance with <br />our Privacy Policy, Consultant will not modify City data or disclose City data, <br />unless specifically directed by City or compelled by law. Notwithstanding the <br />foregoing, Consultant reserves the right to delete known malicious accounts <br />without City authorization. <br />f. Consultant's liability arising out of or related to this Agreement, or any associated <br />SOW, will not exceed ten (10) times the annual amount to be paid by City in the <br />year of such claim of liability. <br />g. Consultant warrants that the Services will perform substantially in accordance with <br />documentation and marketing proposals, and free of any material defect. <br />Consultant warrants to the City that, upon notice given to Consultant of any defect <br />in design or fault or improper workmanship, Consultant will remedy any such <br />defect. Consultant makes no warranty regarding, and will have no responsibility <br />for, any claim arising out of: (i) a modification of the Services made by anyone <br />other than Consultant, even in a situation where Consultant approves of such <br />modification in writing; or (ii) use of the Services in combination with a third party <br />service, web hosting service, or server not authorized by Consultant. <br />[signature page to follow] <br />Page 7 of 8 <br />