AgdaPkt 2014-09-22 Closed and Joint with SA

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Website to the production server (“Completion”). All programming code developed by Contractor within the project is warranted to be free of any errors or bugs that prevent the code from performing as originally intended (“Warranted Problem”) for a period of twelve (12) months from the date of Completion. Contractor will create a backup of the website on the date of Completion. If any Warranted Problem arises while City or its designee is maintaining the website, Contractor will restore the website back to its condition as it existed at Completion. If Contractor is maintaining and hosting the website, Contractor shall restore the website back to its condition as it existed at the day of the most recent backup. Contractor shall provide compiled code upon City’s request. Contractor shall only be responsible for any costs associated with correcting any unmodified programming code during this twelve (12) month period following the Completion. Except as expressly set forth in the immediately preceding paragraph, CONTRACTOR MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE WHATSOEVER. Except for Indemnification obligations set forth in Section 19 of this Agreement, in no event, at any time, shall the aggregate liability of Contractor exceed the amount of fees paid by City to Contractor. Without limiting any express provisions provided elsewhere in the Agreement, except for Indemnification obligations set forth in Section 19 of this Agreement, neither party will be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings, loss of data, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of the performance or failure to perform under the Agreement, even if the party has been advised, knew or should have known of the possibility of such damages. 12. Except as expressly set forth in this Agreement (including any attachments or exhibits), Contractor does not warrant any results from the use of any web pages created under this Agreement, including but not limited to, the number of page or site visitations, download speed, database performance, or the number of hits or impressions. 13. Although Contractor may offer an opinion about possible results regarding the subject matter of this Agreement, Contractor cannot guarantee any particular result except those expressly set forth in this Agreement (including any attachments or exhibits). City acknowledges that Contractor has made no promises about the outcome, except those expressly set forth in this Agreement (including any attachments or exhibits), and that any opinion offered by Contractor in the future will not constitute a guarantee. 14. Contractor may use any web pages developed for the City in any of its own promotional materials as examples of its work. Contractor may request and City may approve in its sole discretion that Contractor may place in the website footer or in visionMobileTM an unobtrusive text link reading "Developed by Vision Internet" or “Powered by Vision Internet” or the equivalent linked to a Contractor web page. 15. Each Party warrants that it holds all rights necessary to display all the images, data, information or other items being displayed at the City's web pages during the effective period of this Agreement. City expressly authorizes Contractor to display and/or modify any City supplied images, data, information and other items in connection with the services provided herein. ATTY/AGR/2014.178/WEBSITE DEVELOPMENT SERVICES AGR REV: 09-16-14 GK & PT City’s Initials_____ Contractor’s Initials_____ Page 4 of 27 7.1.G. - Page 6