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<br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />c. If City chooses to exercise its option to extend as provided in Section 3, <br />Contractor may increase prices for services and products no more than three and one half percent <br />(3.5%) by providing City 30 days written notice prior to the expiration of this Agreement. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on May 1 <br />2007 with the option at the City's sole discretion to exercise three additional one year option <br />period(s). This Agreement may be terminated earlier in accordance with Section 17, below. The <br />term ofthis Agreement and/or an updated listing of available supplies may be extended and/or <br />updated upon a writing executed by the Director of Finance and the City Attorney. <br /> <br />4. LIMITATION OF LIABILITY <br /> <br />a. Contractor shall not be liable for any loss or damage to Deposits, however caused, <br />unless such loss or damage resulted from the failure by Contractor to exercise such care in regard <br />thereto as a reasonably careful person would exercise in like circumstances. Contractor is not <br />responsible for the repair, replacement or restoration of/ost or damaged property, subject to the <br />conditions and limitations imposed by this agreement. Contractor's liability, if any, for loss, <br />damage, or destruction to part or all of the Deposits stored hereunder shall be limited to that set <br />forth in section 5. Contractor shall not be liable for any loss of profit or special, indirect, <br />incidental, consequential, exemplary or punitive damages of any kind, regardless of whether an <br />action is brought in tort, contract or any other theory. <br /> <br />b. Deposits are not insured by Contractor against loss or injury, however caused. <br /> <br />c. Claims by the City for loss, damage, or destruction must be presented in writing <br />to Contractor within a reasonable time and in no event longer than sixty (60) days after City is <br />notified by Contractor or otherwise receives notice that loss, damage or destruction to part or all <br />of the Deposit(s) has occurred, whichever time is shorter. <br /> <br />d. No action or suit may be maintained by the City or others against Contractor for <br />loss, damage or destruction of any Deposit(s), unless timely written claim has been given as <br />provided in this Agreement, and unless such action or suit is commenced either within nine (9) <br />months after date of delivery or return by Contractor, or within nine (9) months after the City is <br />notified or otherwise receives notice that loss, damage or destruction to part or all of said <br />Deposits has occurred, whichever is shorter. <br /> <br />5. DECLARATION OF VALUE. <br /> <br />City hereby declares, that (a) with respect to hard-copy records, microfilm and microfiche stored <br />by Contractor pursuant to this Agreement, the value of such Deposit(s) is $1.00 per carton, <br />container, or linear foot of shelf space, and (b) with respect to computer storage media, including <br /> <br />2 <br />