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Santa Ana: Traffic Signal and Streetlight Maintenance (RFP NO.: 24-046) 1' " ' ' TRAFFIC Contract Agreement Statement Yuncx Traffic submits its pre. esat with the following Exceptions and Assumptions Felating to Appendix Attachment 2 (Sample Agreement) of the RFP and would like the opportunity to discu'c the following, if selected: • Customer shall have a non exclusive, malty free, nontraavfera#I-e dal license to use Yunex Traffic Technical Data ii matters relating to the contract but shall not disclose Yunex Traffic Intellectual Property including base Source Code to any third party under any circumstances. This contract does not include developing a new product so there will not be any technical data developed or originating for this project. • Yuino x Traffic vrill indemn if j% Cuctem or only for third part oIoim of C otomor to the extent damages arc a direct result of Yunex Traffic's negligence or willful misconduct. • Further, Yunex Traffic must be promptly informed control of all defense decisions and 8-14CeffiC, except Yunex will not do anything to expreecly admit culpability of Customer without its written consent. • Yunex Traffic a-sumcs that any liquidated damages and disincentives, however defined, described, or identified, arc the sole and exclusive remedy for the related non conformance, and that liquidated damages and disiRce-ntives shall never exceed an annual aggregate of 10% of the annual contract value. • Yunex Traffic assumes that all damages be capped at 100% of the certract price in the aggregate, and all indirect, cor-seq-ee rtial, special, incidental, punitive, and similar damages arc exprescly waived by the Parties. • Yunex Traffic assumes that it will have full contFel ef defending aAd resolving infringement claims. • Yunex Traffic will allow audits 1) with rtsonable notice, 2) at reasonable times, 3) for document specifically related to this project, but het including cost information. Information provided-or obta+eed ie the-ceese ef afa audit, may not be remev-ed, copied, tr,r,omittod od photographed oth„rwioe r od from V cTra rrvrnraacu, :�cia� , , . • Yunex Traffic assumes that all implied war-rantics not expressly agreed upon in the Contract arc waived. The remedies established in the wa raety provision(s) shall be Customer's sole and exclusive remedies relating to warranty. • Yunex Traffic assumes that all rights and remedies of the Customer shall be expressly stated in the Contract and shall be the sole and exclusive remedies of the Customer for claims arising from the Contract. ©2024 Yunex Traffic 3