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OR FAILURE TO PERFORM UNDER ANY SERVICES ORDER. FURTHER, RWC WILL HAVE NO <br /> LIABILITY FOR ANY CLAIM AGAINST CUSTOMER BY A THIRD PARTY IN CONNECTION WITH OR <br /> FOR RESPONDING TO EMERGENCY 911 OR OTHER EMERGENCY REFERRAL CALLS. RWC will <br /> HAVE NO RESPONSIBILITY FOR THE SERVICE QUALITY OR SERVICE OUTAGES(I)CAUSED BY <br /> OR CONTRIBUTED TO, DIRECTLY OR INDIRECTLY, BY ANY ACT OR OMISSION OF CUSTOMER <br /> AND/OR ITS AFFILIATES, AGENTS OR REPRESENTATIVES; (II) DUE TO POWER FAILURES (III) <br /> DUE TO INTERNET OUTAGES; (III)CAUSED BY THE FAILURE OR MALFUNCTION OF NON-RWC <br /> EQUIPMENT OR SYSTEMS; OR (IV) DUE TO CIRCUMSTANCES OR CAUSES BEYOND THE <br /> CONTROL OF RWC OR ITS AGENTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN <br /> THE GTC OR SERVICES ORDERS, RWC'S TOTAL CUMULATIVE LIABILITY TO CUSTOMER <br /> HEREUNDER WILL BE LIMITED TO THE ACTUAL FEES PAID BY CUSTOMER TO RWC DURING <br /> THE PRECEDING TWELVE (12) MONTHS. <br /> 8. Compliance with Law. <br /> All services rendered hereunder by RWC will be provided in accordance with all ordinances, resolutions, <br /> statutes, rules and regulations of CUSTOMER, and any federal, state or local governmental agency <br /> having jurisdiction in effect at the time the service is rendered. <br /> 9. Relationship of Parties. <br /> It is understood that the relationship of RWC to CUSTOMER is that of an independent contractor and all <br /> persons working for or under the direction of RWC are its agents or employees and not agents or <br /> employees of CUSTOMER. <br /> 10. Nonassianment. <br /> The GTC and Services Orders are not assignable either in whole or in part. <br /> 11. Amendments. <br /> The GTC and Services Orders may be amended or modified only by written agreement signed by both <br /> Parties. <br /> 12. Validi . <br /> The invalidity, in whole or in part, of any provisions of the GTC or Services Orders will not void or affect <br /> the validity of any other provisions of the GTC or Senrices Orders. <br /> 13 Governinct Law/Litiaation. <br /> The GTC and Services Orders will be governed by the laws of the State of California and any suit or <br /> action initiated by either Party will be brought in the County of San Mateo, California. In the event of <br /> litigation befinreen the Parties hereto to enforce any provision of the GTC and Services Orders, the <br /> unsuccessful Party will pay the reasonable expenses of litigation of the successful Party. <br /> ATTY/AGR/2014.138/IT SERVICES COLMA FIRE PROTECTION DISTRICT FY 2014-15 <br /> REV:07-31-14 MLG <br /> Page 3 of 8 <br />