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9.0 LIMITATION OF LIABILITY
<br />9.1 The total liability of TriTech for any claim or damage arising under this Addendum
<br />or renewals thereof, whether in contract, tort, by way of indemnification or under statute shall be
<br />limited to (i) direct damages which shall not exceed the Software Support fees paid under this
<br />Addendum by Client to TriTech for the twelve (12) month term during which the cause of action
<br />for such claim or damage arose or (ii) in the case of bodily injury or property damage for which
<br />defense and indemnity coverage is provided by TriTech's insurance carrier(s), the coverage limits
<br />of such insurance.
<br />9.2 IN NO EVENT SHALL TRITECH BE LIABLE, WHETHER IN
<br />CONTRACT OR IN TORT, FOR LOST PROFITS, LOST SAVINGS, LOST DATA, OR
<br />ANY OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF
<br />THE USE OR NON -USE OF THE TRITECH SOFTWARE, OR OTHERWISE RELATED
<br />TO THIS ADDENDUM, REGARDLESS OF WHETHER TRITECH HAD KNOWLEDGE
<br />OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
<br />10.0 SEVERABILITY
<br />10.1 If any term, clause, sentence, paragraph, article, subsection, section, provision,
<br />condition or covenant of this Addendum is held to be invalid or unenforceable, for any reason, it
<br />shall not affect, impair, invalidate or nullify the remainder of this Addendum, but the effect thereof
<br />shall be confined to the term, clause, sentence, paragraph, article, subsection, section, provision,
<br />condition or covenant of this Addendum so adjudged to be invalid or unenforceable.
<br />11.0 FORCE MAJEURE/EXCUSABLE DELAY
<br />I l .l Neither party shall be responsible for failure to fulfill its obligations hereunder or
<br />liable for damages resulting from delay in performance as a result of war, fire, strike, riot or
<br />insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or
<br />partial shutdown of plant, unavailability of Equipment or software from suppliers, default of a
<br />subcontractor or vendor, to the party if such default arises out of causes beyond the reasonable
<br />control of such subcontractor or vendor, the acts or omissions of the other party, or its officers,
<br />directors, employees, agents, contractors, or elected officials, and/or other occurrences beyond the
<br />party's reasonable control ( "Excusable Delay" hereunder). In the event of such Excusable Delay,
<br />performance shall be extended on a day for day basis or as otherwise reasonably necessary to
<br />compensate for such delay.
<br />12.0 CONSTRUCTION AND HEADINGS
<br />12.1 The division of this Addendum into sections and the use of headings of sections
<br />and subsections are for convenient reference only and shall not be deemed to limit, construe, affect,
<br />modify, or alter the meaning of such sections or subsections.
<br />Santa Ana System Purchase and Support Agreement — Addendum E
<br />Copyright Q 20 15 TriTech Software Systcros
<br />Unpublished: Rights reserved under the copyright laws of the United States
<br />Page 8 of 24
<br />25B -152
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