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<br /> 8A. Compelled Disclosure. PublicStuff may disclose Confiderrtial Infortnation of the CLIENT if it is
<br /> compelled by law to do so, provided PublicStuff gives the CLIENT prior notice of such compelled
<br /> disclosure (to the exterrt legalty permitted) and reasonable assistance, if the CUENT wishes to contest
<br /> the disctosure.If PublicStuff is compelled by law to dis�lose the CLIENTs ConfideMial Information as part
<br /> of a civil proceeding to which the CLIENT is a party,and the CLIENT is not contesting the disclosure.
<br /> 9. WARRANTIES AND DISCLAIMERS
<br /> 9.1. Our WarrairtEes. We warrant that (i) the Services shall perFomn materially in accordance with the
<br /> Site, and (ii) subject to Section 5.3 (Google Seroices), the functionality of the Services will not be
<br /> materially dec.�eased during a subscription term. For any breach of either such warranty, Your exclusive
<br /> remedy shall be as provided in Section 12.3 (Tertnination fo� Cause) and Section 12.4 (Refund or
<br /> Payment upon Tertnination)below.
<br /> 9.2. Mutual Warrantles. Each party represents and warrants that(i) it has the legal power to enter into
<br /> this Agreement, and (ii) it will not transmit to the other party any Malicious Code (except for Malicious
<br /> Code pr+eviousy transmitted to the warranting party by the other party).
<br /> 9.3. Dlsclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARN MAKES ANY
<br /> WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,AND
<br /> EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY
<br /> WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE
<br /> MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
<br /> 10. PUBLICSTUFF'S INDEMNIFICATION OF CLIENT
<br /> 10.1. PublicStuff shall indemnify and hold hartnless the CUENT and its officers, agents and employees
<br /> against all claims for damages to persons or property arising out of the negligent acts,errors w omiss�ns or
<br /> wrongful acts or oonduct of Publ'�cStuff,or its employees,agertts,subcontractors,w others in oonnedion with
<br /> the execuution of the work covered by this Agreement, exoept for those claims arising from the willful
<br /> misoondud, sole negligence or adive negligence of the CUENT, its officers, ageMs, or employees.
<br /> PublicStufPs indemnification shall irtclude any and all oosts, expenses, attomeys' fees, e�ert fees artd
<br /> tiability assessed against or incumed by the CUENT, its o�icers, ageMs, or employeas in de�ending ageinst
<br /> such claims or lawsuits, whethe� the same proceed to judgment or not Further, PublicStuff at its awn
<br /> e�ense shall, upon wcitten request by the CLIENT, defend any such suit or acdon brought against the
<br /> CUENT,its affccers,agents,or employees resu�ing or arising from the conduct,tortious acts or omissions of
<br /> Publ'icStuff.
<br /> PublicStufPs indemnificadon of CLIENT shall not be limited by any prior or subsequent declaration by the
<br /> PubticStuff.
<br /> 11. LIMITATION OF LIABILITY
<br /> 11.1. Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY
<br /> HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR
<br /> ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES
<br /> HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF
<br /> LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBlLITY OF
<br /> SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT
<br /> PROHIBITED BY APPLICABLE LAW.
<br /> 12. TERM AND TERMINATION
<br /> 12.1.Tertn of Agreemen�This Agreement commences on the date CLIENT accept it and continues until
<br /> all User subscriptions granted in accordance with this Agreement have e�cpired or been terminated.
<br /> ATfY/AGR/2012.205/PUBLICSfUFF SUBSCRIP770N AGREEMENT
<br /> REK 12-20-12 MLG
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