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a. 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. b. For any other claim in any other way related to the subject matter of this Agreement or any order under this Agreement, the City or Contractor shall be entitled to recover actual and direct damages; provided that the City's or Contractor's liability for damages for any cause whatsoever, and regardless of the form of the action, whether in contract or in tort (including negligence), shall be limited to the value of this Agreement. 7.13.10 Contractor's Power and Authority. The Contractor warrants that it has full power and authority to grant the rights herein granted and will hold the City hereunder harmless from and against any loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty. 7.13.11 Staff Approval. (a) Within ten (10) days of execution of this Agreement, the Contractor shall designate in writing a single individual to act as the project manager (the "Contractor Project Manager") The Contractor Project Manager shall be knowledgeable regarding the nature, implementation and use of the System, and shall have sufficient prior working experience with the implementation and use of the System, including its hardware and software components, so that the Contractor Project Manager can serve as a resource and guide to the City in the implementation and use of the System. The Contractor Project Manager shall ensure the Contractor's compliance with, and shall coordinate appropriate schedules in connection with, the Contractor's obligations hereunder. The Contractor shall use its best efforts to maintain the same Contractor Project Manager for the Primary Agreement Page 34