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Documentation prepared pursuant to <br />specifications or other material furnished by <br />or on behalf of the City. This section <br />states the entire obligation of TriTech <br />regarding infringement of intellectual <br />property rights, and it will survive the <br />termination of this Agreement. <br />b. For any other claim in any other way related <br />to the subject matter of this Agreement or <br />any order under this Agreement, the City <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 />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 />in the Agreement reflect such an allocation of <br />risks, and accordingly this limitation of remedies <br />shall not have failed in its essential purpose so <br />long as the Contractor is willing and able to <br />perform as provided above. <br />7.13.10 Contractor's Power and Authority. The Contractor <br />warrants that it has full power and authority to <br />grant the rights herein granted and will hold the <br />City hereunder harmless from and against any loss, <br />cost, liability, and expense (including reasonable <br />attorney fees) arising out of any breach of this <br />warranty. <br />7.13.11 Staff Approval. <br />(a) Within three (3) days of execution of this <br />Agreement, the Contractor shall designate in <br />writing a single individual to act as the project <br />manager (the "Contractor Project Manager"). The <br />Contractor Project Manager shall be knowledgeable <br />regarding the nature, implementation and use of <br />the System, and shall have sufficient prior <br />working experience with the implementation and use <br />of the System, including its hardware and software <br />components, so that the Contractor Project Manager <br />can serve as a resource and guide to the City in <br />the implementation and use of the System. The <br />Contractor Project Manager shall ensure the <br />Contractor's compliance with, and shall coordinate <br />Primary Agreement Page 31 <br />