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STATE REFERENCED IN SECTION 11.6. NOTWITHSTANDING ANYTHING TO THE <br />CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) <br />IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) <br />INDEMNIFICATION OBLIGATIONS. <br />9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for <br />the acts and omissions of its own employees, officers, or agents, in connection with the <br />performance of their official duties under this Agreement. Each Party to this Agreement shall be <br />liable for the torts of its own officers, agents, or employees. <br />9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its City Council, <br />agents and employees, from liability of any kind, including claims, costs (including defense) and <br />expenses, on account of. (i) infringement of any copyrighted material, patented or unpatented <br />invention, articles, device or appliance manufactured or used in the performance of this <br />Agreement; or (ii) any damage or injury to property or person directly caused by Flock's <br />installation of Flock Hardware, except for where such damage or injury was caused solely by the <br />negligence of the Customer or its agents, officers or employees. Flock's performance of this <br />indemnity obligation shall not exceed two (2) times the fees paid and/or payable for the services <br />rendered under this Agreement in the preceding twelve (12) months. <br />10. INSTALLATION SERVICES AND OBLIGATIONS <br />10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive <br />property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this <br />Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise <br />expressly stated in this Agreement, Customer is not permitted to remove, reposition, re -install, <br />tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer <br />agrees and understands that in the event Customer is found to engage in any of the foregoing <br />restricted actions, all warranties herein shall be null and void, and this Agreement shall be <br />subject to immediate termination for material breach by Customer. Customer shall not perform <br />any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should <br />Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at <br />Flock's discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock's <br />