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such third -party Hardware and Software, external Databases and networks, and The Library <br />Corporation reserves the right to charge, at the then -published rate, for such services and <br />assistance. <br />20 Database Subscription Service and Maintenance. <br />20.1 Online access to The Library Corporation's Databases of cataloging resource data is <br />provided to the City according to the specifications of Schedule E. <br />21 Patent and Copyright. <br />21.1 The Library Corporation will defend the City against any claim that Licensed Software or <br />Software Materials or Sub -Licensed Software furnished and used within the scope of the <br />licenses and Sub -Licenses granted herein infringe a U.S. patent or copyright and The <br />Library Corporation will pay resulting costs, damages and attorney fees finally awarded, <br />provided that: (a) the City promptly notifies The Library Corporation in writing of the claim, <br />and (b) The Library Corporation has sole control of the defense and all related settlement <br />negotiations. <br />21.2 If such claim has occurred, or in The Library Corporation's opinion is likely to occur, the City <br />agrees to permit The Library Corporation at its option at no additional expense to the City <br />either to procure for the City the right to continue using the Licensed Software or Sub - <br />Licensed Software or to replace or modify the same so that they become non -infringing. <br />21.3 The Library Corporation shall have no obligation to defend the City or to pay costs, <br />damages, or attorney's fees for any claim based upon (1) use of other than a current <br />unaltered release of the Licensed Software if such infringement would have been avoided <br />by the use of a current unaltered release of the Licensed Software, or (2) the combination, <br />operation or use of any Licensed Software or data with non -Library Corporation programs or <br />data if such infringement would have been avoided by the combination, operation or use of <br />the Licensed Software with other Library Corporation -approved programs or data. <br />21.4 The foregoing states the entire obligation of The Library Corporation with respect to <br />infringement of patents or copyrights. <br />22 Limitation of Remedies. The City's right to recover damages to property caused by The <br />Library Corporation's fault or negligence shall be limited to one million dollars <br />($1,000,000.00), except for a patent or copyright violation as contained in item 21 above. <br />The Library Corporation shall not be liable in any event for any damages resulting from the <br />City's use of products, even if advised of the possibility of such damage. This limitation of <br />liability shall apply regardless of the form of action, whether in contract or tort, including <br />negligence. This Agreement shall be subject to the provisions of the Uniform Commercial <br />Code, with all Software to be defined as "Goods". <br />22.1 In no event will The Library Corporation be liable for any damage caused by the City's failure <br />to perform its responsibilities, including daily backup of the City's Database and subsequent <br />verification, or for any lost profits or other consequential, special, or indirect damages, even <br />if The Library Corporation has been advised of the possibility of such damages. <br />Library Contract Page 12 of 29 <br />