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E Acceta
<br /> marketing and other business purposes,All Aggregate Data collected,used and disclosed will be in
<br /> aggregate form only and will not identify Customer,Its Authorized Users or any third parties utilizing the
<br /> Subscription Services.
<br /> 6. WARRANTIES AND DISCLAIMERS.
<br /> 6.1 Subscription Services Warranty. During the Subscription Period, Accela warrants that Subscription
<br /> Services shall perform materially In accordance with the applicable Documentation.As Customer's sole
<br /> and exclusive remedy and Accela's entire liability for any breach of the foregoing warranty,Accela will
<br /> use commercially reasonable efforts to: (a)repair the Subscription Services in question; (b)replace the
<br /> Subscription Services in question with those of substantially similar functionality;or(c),after making all
<br /> commercially reasonable attempts to do the foregoing,terminate the applicable Subscription Services
<br /> and refund all unused,prepaid fees paid by Customer for such non-compliant Subscription Services.
<br /> 6,2 Consulting Services Warranty. For ninety(90)days from the applicable delivery,Accela warrants
<br /> that Consulting Services shall be performed Inn professional and workmanlike manner.As Customer's
<br /> sole and exclusive remedy and Accela's entire liability for any breach of the foregoing warranty,Accela
<br /> will use commercially reasonable efforts to(a) re-perform the Consulting Services in a compliant
<br /> manner;or,after making all commercially reasonable attempts to do the foregoing,(b) refund the fees
<br /> paid for the non-compliant Consulting Services.
<br /> 6.3. Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN,ACCELA MAKES NO WARRANTY OF ANY
<br /> KIND,WHETHER EXPRESS,IMPLIED,STATUTORY OR OTHERWISE,AND SPECIFICALLY DISCLAIMS ALL
<br /> IMPLIED WARRANTIES,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,SECURITY,FITNESS
<br /> FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,TO THE MAXIMUM EXTENT PERMITTED BY
<br /> APPLICABLE LAW,ACCELA SHALL MAKE BEST TIMELY EFFORT TO RESOLVE ANY BUGS AND ISSUES.
<br /> 6,4, Cannabis-Related Activities. If Customer purchases any Subscription Services for use with any
<br /> cannabis-related activities,the following additional disclaimers shall apply:Accela Is considered a
<br /> software service provider to its customers and not a cannabis related business or agent thereof.In
<br /> addition to the foregoing,Accela only retains Subscription Services fees of this Agreement from its
<br /> Customer for general software services, a state or local government agency,and does not retain these
<br /> fees from any type of External Users. It is the sole responsibility of the Customer to offer state law
<br /> compliant services,which may be coordinated and facilitated through the use of the Subscription
<br /> Services.Accela makes no representations,promises,or warranties with respect to the legality,
<br /> suitability, or otherwise regarding any third party provider, including partners,and have no
<br /> responsibility or liability with respect to services provided to Customer by such third parties. •
<br /> 7. INDEMNIFICATION.Accela will defend (or at Accela's option,settle)any third party claim,suit or
<br /> action brought against Customer to the extent that It Is based upon a claim that the Subscription
<br /> Services,as furnished by Accela hereunder,infringes or misappropriates the Intellectual Property Rights
<br /> of any third party,and will pay any costs,damages and reasonable attorneys'fees attributable to such
<br /> claim that are finally awarded against Customer, provided that Customer provides:(a)Accela notice of
<br /> such claim as soon practical and in no event later than would reasonably permit Accela to respond to
<br /> such claim, (b)reasonable cooperation to Accela,at Accela's expense, In the defense and/or settlement
<br /> of such claim and(c)Accela the sole and exclusive control of the defense, litigation and settlement of
<br /> such claim.In the event that Accela reasonably believes, in its sole discretion,that such claim may
<br /> 20201023
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