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~ incorporated by reference into this Agreement. All capitalized terms not defined in this Agreement shall have the meanings set out for such terms in the Agreement. 1.0 DEFINITIONS In this Agreement, unless otherwise specified, these capitalized terms shall have the following meanings: "Hardware" means the hardware set out in the Quotation. "Maintenance Services" means the support and maintenance services for the System set out in the Agreement and in the Quotation. "Software" means the software set out in the Quotation. "System" means the Hardware and the Software set out in the Quotation. "Quotation" means Exhibit B, attached to the Agreement. ~ 7.13.9 Disclaimers and Limitations of Liability: Subject to anything to the contrary contained herein, the Contractor's sole obligation and liability and the City's sole remedy for the Contractor's negligence, breach of warranty, breach of contract or for any other liability in any way connected with or arising out of the Agreement, the System, and the related services and materials to implement the System, or the Maintenance Services shall be as follows: a. In all situations involving performance or non-performance of the Hardware or any component thereof, the City's sole remedy shall be the repair or the replacement of the Hardware or said component. b. The City's sole remedy for breach of its Software warranty shall be the replacement of the Software. Any replacement Software shall be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. c. For any other claim in any other way related to the subject matter of this Agreement or any order under this Agreement, the City ~ Primary Agreement Page 28