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(30) days prior written notice to the City. <br />iv. Consultant shall supply City with a fully executed additional insured <br />endorsement. <br />f. If Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has <br />been procured and is in force and paid for, the City shall have the right, at the City's <br />election, to forthwith terminate this Agreement. Such termination shall not affect <br />Consultant's rightto be paid for its time and materials expended priorto notification <br />of termination. Consultant waives the right to receive compensation and agrees to <br />indemnify the City for any work performed prior to approval of insurance by the <br />City. <br />8. LIMITATION OF LIABILITY <br />a. EXCLUSION OF CONSEQUENTIONAL AND RELATED DAMAGES. <br />UNDER NO CIRCUMSTANCES SHALL CONSULTANT BE LIABLE FOR ANY SPECIAL, <br />INDIRECT, PUNITVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN <br />ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, <br />EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. <br />FURTHER, CONSULTANTSHALL NOT BE LIABLE FOR: (A) ERROR OR INTERRUPTION <br />OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA; (B) <br />COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) <br />LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO <br />ACCESS THE SERVICES, SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; <br />OR (E) FOR ANY MATTER BEYOND GRANICUS' REASONABLE CONTROL, EVEN IF <br />CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING <br />LOSSES OR DAMAGES. <br />b. LIMITATION OF LIABILITY. <br />IN NO INSTANCE SHALL EITHER PARTY'S LIABILITY TO THE OTHER PARTY FOR <br />DIRECT DAMAGES UNDER THIS AGREEMENT (WHETHER IN CONTRACT OR TORT <br />OR OTHERWISE) EXCEED THE FEES PAID BY CITY FOR THE CONSULTANT'S <br />PRODUCTS AND SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY <br />PRECEEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN <br />WRITING OF THE CLAIM FOR DIRECT DAMAGES. <br />9. INTELLECTUAL PROPERTY INDEMNIFICATION <br />Consultant shall defend and indemnify the City, its officers, agents, representatives, and <br />employees against any and all liability, including costs, for infringement of any United States' <br />letters patent, trademark, or copyright infringement, including costs, contained in the work <br />product or documents provided by Consultant to the City pursuant to this Agreement. <br />25A-11 <br />