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8.2. 8.3. 8.4. "AS IS" basis, AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE MERCHANTABILITY OR FITNESS OF SERVICE OR ANY EQUIPMENT SUPPLIED BY TROY FOR ANY PARTICULAR PURPOSE. Without limiting the foregoing, in no event shall TROY be liable for any loss of the use of any items of equipment to be serviced hereunder or any failure of any equipment to perform properly or for any incidental, indirect or consequential damages resulting from the service or provision of any equipment by TROY, whether under theory of warranty, tort or products liability. In no event shall TROY's liability hereunder exceed the cost of replacement of the equipment being serviced hereunder. If either party shall be in default with respect to any of its covenants under this Agreement and such default continues for thirty days after written notice thereof by the other party, this Agreement may be terminated by such other party at the end of said thirty-day period without further notice. Such termination shall be in addition to all other remedies arising from such default This agreement shall be constructed under a nd governed by t he laws 0 f the State of California and constitutes the entire agreement between Customer and TROY with respect to the furnishing of TROY maintenance service. Any previous agreements between the parties with respect to the service specified in this agreement are superseded. This agreement may not be altered or modified except by an authorized officer or representative of each of the parties hereto. TROY shall not be liable for any failure or delay in performance hereunder if such failure or delay is due, in whole or in part, to any cause beyond its control. The terms and conditions herein contained shall prevail notwithstanding any variance with items and conditions in any purchase order or other documents. Customer acknowledges that TROY has especially trained its personnel who perform maintenance service hereunder. Customer hereby agrees that, during the term of this agreement, it will not solicit or otherwise attempt to employ such TROY employees for the purpose of performing maintenance on any equipment manufactured by TROY. This Agreement and its applicable attachments are the complete agreement regarding these transactions, and replace any prior oral or written communications between TROY and City of Santa Ana-Risk Management. By signing below for each respective Enterprise, T ROY and City of Santa Ana-Risk Management agree to the terms of this Agreement. Accepted by: TROY Group Inc Signature: Name: Accepted by Customer: City of Santa An"Sk "~nt Signature: ~U~ Name: Va.v.i.d N. Ream Title: Calf Ma.I1a.g Vt Title: Date: Date: 5/06/04 (714 647-5470 Phone: Email: 0~1~~ !~ t;l.ERK OF THE COUNCIL