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E. IN NO EVENT SHALL TRITECII'S TOTAL CUMULATIVE LIABILITY <br />HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, WHETHER <br />ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT <br />LIABILITY, BREACH OF <br />WARRANTY OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY <br />CLIENT AS FEES FOR THE TWELVE (12) MONTH PERIOD IMMEDIATELY <br />PRIOR TO THE OCCURRENCE OF THE EVENT THAT GAVE RISE TO SUCH <br />CLAIM. <br />X. Indemnification. <br />Client shall indemnify and hold harmless TriTech from, against, and in respect of the full <br />amount of any and all liabilities, damages, and claims including without limitation, attorneys' <br />fees, arising from, in connection with, or incident to the Client's use or misuse of the <br />Software, except as may otherwise be, agreed to in writing by the partics, and except as to <br />any material breach of this Agreement by TriTech. <br />XI. Assignment. <br />Client shall not transfer or assign any of its rights or obligations under this Agreement to any <br />other person or entity without the express written permission of TriTech, which permission <br />shall not be unreasonably withheld. Any assignment without such express written <br />permission of TriTech shall result in the automatic termination of this Agreement. <br />X11. Written Notices. <br />Written notices required or permitted to be given under this Agreement shall be made to the <br />parties at the following addresses and shall be presumed to have been received by the other <br />party (i) (three) 3 days after mailing by the party when notices are sent by First Class Mail, <br />postage prepaid; (ii) upon transmission (if sent via facsimile with a confirmed transmission <br />report); or (iii) upon receipt (if sent by hand delivery or courier service). <br />A. Written Notices to Client: <br />City of Santa Ana Police Department <br />60 Civic Center Plaza, M -69 <br />Santa Ana, CA 92702 <br />Attention: Deputy Chief James Schnabl <br />B. Written Notices to TriTech: <br />TriTech Software Systems <br />9477 Waples Street, Ste. 100 <br />San Diego, CA 92121 <br />Attention: Contracts <br />Santa Ann System Purchase and Support Agreement — Addendum P <br />Copyright © 2015 TriTech Software Systems <br />Unpublished: Rights reserved under the copyright laws or the United States <br />Page 10 or 20 <br />25B -178 <br />