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<br />"'" <br /> <br />\...r <br /> <br />..... <br /> <br />Primary Agreement <br /> <br />shall be entitled to recover actual and <br />direct damages; provided that the <br />Contractor's liability for damages for any <br />cause whatsoever, and regardless of the form <br />of the action, whether in contract or in tort <br />(including negligence), shall be limited to <br />the value of this Agreement. <br /> <br />The Contractor shall not be held responsible for <br />correcting reported Software defects which cannot <br />be reproduced on either the Contractor's or the <br />City's systems. A reproducible defect is a defect <br />that can be reproduced so that the source of the <br />defect can be found and corrected. <br /> <br />The Contractor shall not be obligated to repair or <br />replace any item of the System which has been <br />repaired by others, abused or improperly handled, <br />improperly stored, altered or used with third <br />party material, software or equipment, which <br />material, software or equipment may be defective, <br />of poor quality or incompatible with the System, <br />and the Contractor shall not be obligated to <br />repair or replace any component of the System <br />which has not been installed by the Contractor. <br /> <br />IN NO EVENT SHALL THE CONTRACTOR BE LIABLE FOR ANY <br />INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, <br />PUNITIVE, EXEMPLARY OR SIMILAR OR ADDITIONAL <br />DAMAGES INCURRED OR SUFFERED INCLUDING LOSS OF <br />PROFITS, LOSS OF REVENUES, LOSS OF DATA, LOSS OF <br />BUSINESS INFORMATION, LOSS OF GOODWILL, LOSS OF <br />EXPECTED SAVINGS OR BUSINESS INTERRUPTION ARISING <br />OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE <br />SYSTEM, SUPPLIES, MAINTENANCE OR OTHER SERVICES <br />FURNISHED HEREUNDER, EVEN IF THE CONTRACTOR HAS <br />BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF <br />SUCH DAMAGES. <br /> <br />EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, <br />THE CONTRACTOR DISCLAIMS ANY FURTHER CONDITIONS, <br />REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN OR <br />ORAL, EXPRESSED OR IMPLIED, INCLUDING THE <br />CONDITIONS AND WARRANTIES OF MERCHANTABILITY, <br />MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR <br />PURPOSE, TITLE, PERFORMANCE AND THOSE ARISING FROM <br />STATUE, TO THE EXTENT PERMITTED BY LAW. THE <br />CONTRACTOR DOES NOT WARRANT THAT THE SYSTEM WILL <br />OPERATE WITHOUT INTERRUPTION OR THAT IT WILL BE <br />ERROR FREE. <br /> <br /> <br />The remedies provided herein are the parties' sole <br />remedies. The essential purpose of these <br />stipulated remedies is to completely allocate the <br />risk between the parties. The prices and charges <br /> <br />Page 29 <br />