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writ, ittiurmion or decree of any court or governmental authority entered against it (it- by which any of its
<br />property is hound.
<br />5.2 Disclaimer of Warranties. THE SERVICE'S ARE PROVIDED "AS IS" AND W[fH ALL
<br />I AMAS. CLIENTACKNOW1 EDGES AND AGREES THAT PARKMOBILE SHALL NOT BE LIABU
<br />FOR ANY ERROR, OMISSION, DEFECT. OLFICIE.NCY OR NON(ONFORMI-I Y IN -m 'TRIAL
<br />PROGRAM OR SERVICES. WIT}IOi,I'I' IAMIFING TNF. FORE?fiOING, CLIENT A5SUNIFS ALL RISKS
<br />ASSOCIATED WI"I'Fi THE SERVICES. OTHER HIAN AS SPECIFICALLY SET FORTH HEREIN,
<br />NEITHER OF THE PARTIES MAKES ANY REPRESE:N'[APIONS, WARRAN'[LES OR G1-IARANTEES,
<br />EXPRESS OR IMPLIED, DIRLCILY OR INDIRECTLY, INCLUDING, Wf[HOUr LIMITATION. ANY
<br />WARRANTY OF CONDITION, MERCHANTABILITY OR HINFiSS FOR A PARTICULAR PURPOSE
<br />OR USE, WITH RESPELL. TO_ ARISING OUT OF OR IN CONNECTION WI'TFI THE SERVICES TO BF
<br />PERFORMLD IIERF:LJNDER BY SUCI I PARTY OR TIIF RFSUL FS OBTAINED "[HEREBY.
<br />5.3 Ind ®nt nitica do n.
<br />(a) fitdemnification by Parkniohilu. Parkmobile shall indemnify, defend and hold
<br />harmless Client, its affiliates, their respective successors and assigns, and their respective officers, directors,
<br />einployees, consultants, agents and representatives trout any liability, damage, diminution in value. loss, cost,
<br />claim or expense, including reasonable attorneys' fees and expenses that result from or arise out of, (i) the
<br />breach of inaccuracy of any of Parkmobile"s represe�rttatiorrs or warranties in tfiis Agreement, (r`i) the bixaeh of
<br />any of Parkmobile's covenants or agreements in this Agreemetrt, or (iii) any violations of Law or
<br />governmental rules or regulations by Parkmobile in performing its obligations it, connection with this
<br />Agreement.
<br />(b) Indeninilica£ion by _Client. Client shall indenmiti, defend and hold harmless
<br />Parkmobile, its affiliates, thch respective successtns and assigns, and their respective oflieers, directors.
<br />amployecs, consultants, agents and representatives from any liability, damage, dinur nlion in value, lass, cost,
<br />claim or expense. including reasonable attorneys' fees and expenses that result from or arise out ol: (i) the
<br />breach or hiaccuraey or any o€ Client's representations or warranties in this Agreement. Ili} the breach of any
<br />of C'lient's covenants or agreements in tills Agreement, or (iii) any violations of Law or govcrtuneival rade% or
<br />regulations by Client in performing its obligations in Connection with this Agreement.
<br />5.4 Limitation of Lfitbil'tty. THE AGGRFOATE LIABILITY OF PARKMOBILE AND PM(j
<br />FOR ANY .AND ALL. LOSSES AND DAMAGES ARISING OUT OF ANY CAUSE WIIATS0FVFR
<br />(WHETHER SUCH CAUSE, BE BASED IN CONERACT, NFULICiENCE, STRICTLIABILITY, O'IJWR
<br />T'ORTOR OFFIFRWISEi) UNDER THIS AGM EWN"L SFIALL IN NO EVEN"[ E'XCLED AN AMOUNT
<br />EQUAL TO THE TOTAL AMOUNTPAID FOR 1 HE SERVICES PURCHASED HERFUNDFIR. EACH
<br />PARTY HERE YO AGREES T IAT EACH OTHER PARTY SI IAL.L. NO"i FIF LIABLE YO SUCH PARTY
<br />OR ANYONE ACTING TFIROUGII SUCH PARTY" UNDER ANY LEGAL 'THEORY (INCLUDING,
<br />Wf[FIOUT LIMITATION, BREACH OF CONTRACT', STRICT LIABILITY, NEGLIGENCE OR ANY
<br />OTIIF;R LEGAL THEORY) FOR INCIDENTAL. CONSEQUENTIAL., INDIRECT, SPECIAL OR
<br />EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO'[ HIS AGRF F:MEN'F.
<br />ARTICLE 6
<br />MISCELLANEOUS
<br />6.1 Force Maienre. Neither party shall be liable tier tinlurc or delay in performance of its
<br />obligations under this Agreement to the extent such failure or delay is caused by an act of God, act of public
<br />enemy. war or national emergency, rebellion, insurrection, riot, epidemic quarantine restriction, fire, flood.
<br />explosion_ storm, earthquake, interruption in the supply of electricity, power or energy- terrorist attack, Tabor
<br />dispute or disruption, or other event beyond the reasonable control of such party and without the rault of or
<br />negligence Ixy tach pally (catch, a "B ice v4ajeur I verb"). Ira party's performance under this Agrcennent is
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