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incidental, special, consequential damages whatsoever Including, without limitation, <br />damages for loss of use, data or profits, arising out of or in any way connected with the <br />use or performance of the Product, with the delay or inability to use Product or related <br />services, the provision of or failure to provide services, or for any information, software, <br />and services obtained through the Product, or otherwise arising out of the use of the <br />Product, whether bases on contract, tort, negligence, strict liability or otherwise, even if <br />eCompliance or any of its suppliers has been advised of the possibility of damages. <br />7. MISCELLANEUOS <br />This Agreement shall be governed by, and construed in accordance, with the laws of <br />the State of California. This Agreement, together with any exhibits and/or appendices, <br />attached hereto, contains the complete and exclusive understanding and agreement of <br />the parties with respect to its subject matter and supersedes, merges and replaces prior <br />writings, discussions, and understandings relating to such subject matter. This <br />Agreement may only be amended by a written agreement duly executed by authorized <br />representatives of both parties. <br />IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date <br />indicated below. <br />ATTEST: <br />/'YI ??? -? ? fwiz?,i <br />Maria D. Huizar <br />Clerk of the Council <br />C1T-_ OF SANTA ANA <br />e <br />Paul Walters <br />Interim City Manager <br />APPROVED AS TO FORM: <br />Joseph Straka <br />Interim C't?Attorne ?^ <br />?,??'? ,_ <br />By: <br />Meliss rosthwaite <br />Deputy City Attorney <br />APPROVED AS TO CONTENT: <br />David Thomas <br />Fire Chief <br />C SULTANT: <br />Bijan F uladi <br />Presid nt, eCompliance