Laserfiche WebLink
PARTICULAR PURPOSE. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT <br />ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6. <br />8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B. <br />8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in <br />performance from any cause beyond their control, including, but not limited to acts of God, <br />changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of <br />variants), issues of national security, acts or omissions of third -party technology providers, riots, <br />fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or <br />supplies, financial institution crisis, weather conditions or acts of hackers, internet service <br />providers or any other third party acts or omissions. <br />9. LIMITATION OF LIABILITY; INDEMNITY <br />9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, <br />FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND <br />EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY <br />SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED <br />THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT <br />LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR <br />BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; <br />(C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR <br />TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR <br />CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK'S ACTUAL <br />KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL <br />ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS <br />THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, <br />EXCEED TWO (2) TIMES THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO <br />FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) <br />MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, <br />IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE <br />POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION <br />ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE <br />