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11. WARRANTY: Notwithstanding anything contained in the Agreement tothe contrary, Supplier <br />provides rental equipment that is neither sold nor integrated into the Work, therefore there <br />is no warranty, expressed or implied, as to the rental equipment or to its capabilities, and <br />no warranty of merchantability, other thanthose detailed in the manufacturer’s <br />specifications. <br /> <br />12. LIMITATION OF SUPPLIER’S LIABILITY: In consideration of the rental of the equipment and <br />services provided, Participating Public Agency agrees that Supplier’s liability under this <br />contract, including any liability arising from Supplier’s or any third party’s comparative, <br />concurrent, contributory, passive or active negligence or that arises as a result of any strict <br />or absolute liability, shall not exceed one million dollars ($1,000,000). <br /> <br /> <br />