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and the results of any and al! benchmark or similar testing conducted during theTeavt. In addition, Customer shall report to PureForge any unusual, unplanned or out-of--the-ordinary performance of the Test Equipment observed by any of Customer's personnel. Feedback shall be the property of PureForge and shalt constitute "Confidential Information" of PureForge for purposes hereof_ 2.3 Confidential Information_ "Confidential information" means all non-public information regarding the Test Equipment. Confidential Information shall be the property of PureForge, and Customer shell not arse Confidential Information except in connection with the performance of its obligations under this Agreement and on the terms hereof. All obligations respecting Confidential information set forth herein shall survive the termination or expiration of this Agreement for a period of three (3) years after such termination or expiration. - 3. DISCLAIMERS: LI1?lITATIONS OF LIABILITY 3.1 Disclaimer. THE TEST EQUIPMENT IS PROVIDED TO CUSTOlt•IER PURELY FOR EVALUATION PURPOSES, AND IS PROVIDED ON AN °'AS IS, WHERE IS" BASIS. PUREFORGE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE TEST EQUIPMENT OF ANY lK[ND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ivIERCHANTABILITY OR NON-INFRINGEMENT, WHICH WARRANTIES ARE EXPRESSLY WAIVED AND DISCLAIMED. 3.2 Llmitatlon of Liabiliri. CUSTOMER UNDERSTANDS AND AGREES THAT TO THE FULLEST EXTENT ALLOWED BY LA?V, IN NO EVENT SHALL PUREFORGE BE RESPONSIBLE OR LIABLE, WHETHER IN CONTRACT, TORT, WARRANTY OR UNDER ANY STATUTE OR ON ANY OTHER BASIS, FOR SPECIAL, IND]RECT, INCIDENTAL, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR LOSS OR INTERRUPTION OF BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THE TEST EQUIPMENT OR OTHI;R?VISE, EVEN IF PUREFORGE IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES; AND IN NO EVENT SHALL PUREFORGE BE LIABLE FOR' ANY LOSS OR INJURY THAT IS THE RESULT OF FAILURE OF THE TEST EQUIPiV1ENT TO PERFORM IN ACCORDANCE ?YITH ITS SPECIFICATIONS. 4. MISCELLANEOUS. This Agreement constitutes the entire agreement amd understanding between PureForge and Customer with respect to the subject matter hereof and supersedes alt prior agreeanents relating to such subject matter. This Agreement may be executed in one or more cowaterparts, all of which taken together shall constitute one and the same instninient and each of whicia shall be deemed an original. This Agreement may only be amended, modified or supplemented by an instrument in writing executed by duly authorized representatives of PureForge and Customcr_ If any provision of this Agreement is determined by a court of competent jurisdiction to be wholly or partially unenforceable for any reason, such unenforceability will not affect the enforceability of the balance of this Agreement. Tech 143, Inc. sy \-Za Name. _ I?stv4riis u?+K Title: ?.d? Date: fl/?/I?. A. P P R O'P?'?P392?4?i 4 ?"??C?°?? IZ M ?- Laura Stitt S'hee li,ssistant City At ornev C mer ] By: (N/N ?? Name: Paul M. Walters Title: Interim City Manager Date: RECOMMENDED FOR APPROVAL -FRANCISCO Gl7T1ERREZ, EXECpTIVE DIRECTOR FINANCE?EMENT SERVICES ARIA D. HUIZAR Ct_ERK OF'?HE COUNCIL