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Consultant will submit invoices for completed work on a monthly basis. Said invoices will <br />identify work performed and the amount of charges for such work. <br />Notwithstanding the foregoing, payment need not be made for work which fails to meet <br />the standards of performance as set forth in section 3. Payment by the City shall be made <br />within thirty (30) days following receipt of a proper invoice. <br />Total compensation under this Agreement shall not exceed, for the contract period <br />herein stated, $80,000, <br />7. LIABILITY <br />A. The Consultant shall not be liable for any loss, damage or claim resulting from the <br />service or the software or hardware, regardless of the form of the action. In no event shall the <br />Consultant be liable for: (1) any special, indirect, incidental, or consequential damage; (ii) any <br />damages resulting from loss of use, data or profits; (iii) any claim, whether in contract or tort, <br />that arose more than one (1) year prior to the institution of suit thereon; or (iv) damages <br />incurred which exceed the term support fee charged by the Consultant for the software giving <br />rise to the cause of action. <br />B. City agrees to indemnify and hold the Consultant harmless from any loss, claim, or <br />damage to persons or property arising out of the Agreement or City's use or possession of the <br />software and services, provided, that such loss, claim or damage was not caused by the fault of <br />the Consultant. <br />C. EXCEPT FOR ANY MANUFACTURER'S WARRANTIES WHICH MIGHT EXIST, <br />THERE ARE NO EXPRESS OR IMPLIED WARRANTIES RESPECTING THIS AGREEMENT, <br />ANY SUPPORT ORDER OR THE SERVICE PROVIDED HEREUNDER, INCLUDING BUT <br />NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR <br />A PARTICULAR PURPOSE, <br />8. INSURANCE <br />Insurance not required of this contract. <br />5 <br />