ORANGE, COUNTY OF - 2008 - Laserfiche WebLink

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and (Ii) ensure that Users exit from their accounb at the end of each session. Contractor is responsible for implementing adequate security precautions for matters under its direct control. 32. Tra.-mlsslon of Masages; Data: County will be responsible for the content of the messages transmitted by Users using the C1Y Service and agrees not to send communications to a Recipient who "opts-out", i.e., who has indicated that helshe docs not wish to receive a communication from the County. The County will only use the Contractor Data to contact individuals pursuant to the use of the C1Y Service and is prohibited from downloading or making copies of Contractor Data. Any search and on-screen display functionality is restricted to resolving incidents or assisting an individual or business entity inquiring about the use of its information pursuant to the CTY Service. 33. Limitation of LIabDIty: If the County suffers damages arising from or relating the CTY Service, then Contractor's aggregate liability to the County will be as follows: (a) For intentional or willful misconduct on the part of Contractor, Contractor's liability will not be limited. (b) For all other misconduct, Contractor's aggregate liability will be limited to the lesser of (i) actual direct damages or (ii) the total fees paid by the County to Contractor under this Contract. In no event will Contractor, its officers, or employees, be liable for any indirect, punitive, reliance, special, consequential, or other damages of any kind or nature whatsoever, suffered by the County or any third party arising out of this Contract or the transactions contemplated hereby, even if Contractor has been advised of the possibilities of such damages or should have foreseen such damages. 34. Cooperative Aveement (Otber Orange COUDty J.risdictionl Only) Other jurisdictions within Orange County who have not contracted for their own requirements may desire to participate in this Contract. The Contractor will be requested to service these entities and will be given the opportunity to accept or reject the additional requirements. If the Contractor elects to supply the other entities, orders will be placed directly by the entity, and each entity will make payment directly to the Contractor. These entities will hold harmless the County of Orange from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with the use of this contract. The cooperative entities are responsible for obtaining all certificates of insurance and bonds required. The Contractor is responsible for providing each cooperative entity a copy of the Contract upon request by the cooperative entity. The County of Orange makes no guarantee of usage by other users of this Contract. ConttoC'NIOOOO09830 18 3125108