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by Contractor and shall continue to bind the parties after termination/completion of this Agreement. This Agreement is made pursuant to and incorporates by reference the terms and conditions of the City of Santa Ana Jail Management System Primary Agreement (the "Agreement") by and between Abbey Group Consultants, Inc. (the "Contractor") and the City of Santa Ana (the "City"). Except as set forth in this Agreement, the parties agree that the terms and conditions set out in the Agreement apply and are 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. 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: Primary Agreement Page 33