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SA. Limited Warranty: SAMBA warrants only that SAMBA will use commercially reasonable efforts to deliver Records that are
<br />consistent with the then- current records maintained by the applicable State motor vehicle agency. SAMBA's sole liability under this
<br />warranty is to re- delivery such Records to meet such warranty. The above remedy is available only if SAMBA is promptly notified in
<br />writing by Customer, within thirty (30) days following the delivery of such Records, of any non - conformity. EXCEPT FOR THE EXPRESS
<br />LIMITED WARRANTY SET FORTH IN THIS PARAGRAPH, SAMBA AND ITS SUPPLIERS, INCLUDING WITHOUT LIMITATION, THE
<br />SUPPLYING STATE AGENCIES, MAKE NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO RECORDS, OR ANY
<br />PART THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, AVAILABILITY, RELIABILITY, USEFULNESS,
<br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE,
<br />DEALING, USAGE OR TRADE. NEITHER SAMBA NOR ANY OF ITS SUPPLIERS WARRANT THAT ANY RECORDS OR PART THEREOF
<br />OR THE PROVISION THEREOF WILL MEET CUSTOMER'S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR
<br />ERROR -FREE, OR THAT ANY ERRORS IN THE RECORDS WILL BE CORRECTED.
<br />5B. Limited Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAMBA OR ITS
<br />SUPPLIERS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, LOSS OF PROFITS, OR FOR
<br />ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES, OR DIRECT DAMAGES IN THE CASE OF
<br />SAMBA'S SUPPLIERS, ON ANY THEORY OF LIABILITY, WHETHER IN STATEMENT, TORT (INCLUDING WITHOUT LIMITATION
<br />NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SAMBA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR UNDER THIS
<br />AGREEMENT OR FOR BREACH OF THIS AGREEMENT, WHETHER IN STATEMENT, TORT (INCLUDING WITHOUT LIMITATION
<br />NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNTS PAID TO SAMBA HEREUNDER FOR
<br />RECORDS FROM THE STATE FROM WHICH THE CAUSE OF ACTION AROSE DURING THE SIX (6) MONTH PERIOD PRIOR TO THE
<br />DATE OF SUCH CAUSE OF ACTION. THE LIMITATIONS SET FORTH IN DAMAGE, AND NOTWITHSTANDING THE FAILURE OF
<br />ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SAMBA SHALL NOT BE RESPONSIBLE FOR ANY FAILURE TO PERFORM OR DELAY
<br />ATTRIBUTABLE IN WHOLE OR IN PART TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED
<br />TO, GOVERNMENT ACTIONS.
<br />6. Pricing: Customer agrees to accept the FleetWatch service pricing as posted in the FleetWatch web site. Pricing is subject to change.
<br />End User certifies it will only use Records for the following selected purpose(s):
<br />• CDL Employer: For use by an employer or its agent or insurer to obtain or verify information relating to a holder
<br />of a commercial driver's license that is required under state or federal law.
<br />• Employment Signed Release: For use by a business, its agents, employees, or contractors for employment
<br />:Check purposes, if the requester obtains the written consent of the individual to whom the information pertains.
<br />all that ❑ Insurance Claims: For use by any insurer or insurance support organization, or by a self - insured entity, or its
<br />apply. agents, employees, or contractors, in connection with claims investigation activities or antifraud activities.
<br />(Required) ❑ Insurance Underwriting: For use by any insurer or insurance support organization, or by a self- insured entity, or
<br />its agents, employees, or contractors, in connection with rating or underwriting activities.
<br />❑ Government: For use by any government agency, including any court or law enforcement agency, in carrying out
<br />its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying
<br />out its functions.
<br />1 hereby certify that I am a legally authoi
<br />terms and conditions of this Agreement:
<br />Sign
<br />gc
<br />Date
<br />(Required).
<br />Signature
<br />of End User, and 1 hereby obligate End User to the
<br /># b71aT
<br />Date
<br />Lynn Hwang Loss Control Analyst
<br />Printed Name Title
<br />City of Santa Ana (714) 647 -5317
<br />Customer Company /Organization Name Phone
<br />20 Clivic Center L)laoa. M -28 _ Santa Ana CA 92701
<br />Street Address City. State, Postal Code
<br />Lynn Hwang Ihwarlq@m can a -Ana na -13s_
<br />Designated FleetWatch Administrator Name* Designated FleetWatch Administrator Email *
<br />* If the person signing this Agreement is not the Administrator, please identify the Administrator ano the wam.mscra. ,,,a„
<br />address. Please ask the Administrator to complete the following form in order to activate your account*
<br />20060901 Direct Sale Sign -up Packet (no PL req.) - 3 -
<br />
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