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C. Contractor shall execute any documents and take any actions necessary to
<br />effectuate an assignment of this contract if so requested by WSCA;
<br />d. Contractor shall preserve, protect and promptly deliver into WSCA's
<br />possession all of WSCA's proprietary information in accordance with paragraph (31).
<br />22. REMEDIES NON-EXCLUSIVE. Except as otherwise provided for by law or this Contract, the
<br />rights and remedies of the parties shall not be exclusive and are in addition to any other rights and remedies
<br />provided by law or equity, including, without limitation, actual damages, and to a prevailing party reason-
<br />able attorneys'. fees and costs. It is specifically agreed that reasonable attorneys' fees shall include without
<br />limitation $125 per hour for attorneys employed by the Lead State. The Lead State may set off
<br />consideration against any unpaid obligation of Contractor to Lead State in accordance with NRS 353C.190,
<br />or the applicable Participating Addendum. A Participating Entity's right of set-off shall be in accordance
<br />with the law of the Participating Entity's state, and the provisions of the applicable Participating
<br />Addendum.
<br />23. LIMITED LIABILITY. The Lead State will not waive and intends to assert available NRS
<br />chapter 41 liability limitations in all cases. Contract liability of Contractor, WSCA, the Lead State, and/or
<br />any and all Participating Entities shall not be subject to punitive damages. In no event shall Contractor be
<br />liable for inability of users to access 911 or E911 service. In no event shall either Contractor, WSCA, the
<br />Lead State and/or any and all Participating Entities be liable for any indirect, special, consequential or
<br />incidental damages, however caused, which are incurred by the other party and which arise out of any act or
<br />failure to act relating to this agreement, even if such party has been advised of the claim or potential claim
<br />or the possibility of such damages, and in no event shall either party be liable to the other party for punitive
<br />damages.
<br />24. FORCE MAJEURE. Neither party to this Contract shall be deemed to be in violation of this
<br />Contract if it is prevented from performing any of its obligations hereunder due to strikes, failure of public
<br />transportation, civil or military authority, act of public enemy, accidents, fires, explosions, or acts of God,
<br />including, without limitation, earthquakes, floods, winds, or storms. In such an event the intervening cause
<br />must not be through the fault of the party asserting such an excuse, and the excused party is obligated to
<br />promptly perform in accordance with the terms of the Contract after the intervening cause ceases. WSCA
<br />may terminate this Contract after determining such delay or default will reasonably prevent successful
<br />performance of the Contract.
<br />25. INDEMNIFICATION.
<br />25.1 Contractor's Obligations to WSCA. To the fullest extent permitted by law, Contractor
<br />shall indemnify, hold harmless and defend, not excluding the Lead State's right to participate, the Lead
<br />State and/or WSCA from and against all liability, claims, actions, damages, losses, and expenses, includ-
<br />ing, without limitation, reasonable attorneys' fees and costs, arising out of any alleged negligent or willful
<br />acts or omissions of Contractor, its officers, employees and agents.
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