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5. Additional Services. <br /> Additional Services will be performed by RWC only at the request of CUSTOMER and will be charged to <br /> CUSTOMER at the RWC fiscal year hourly rate in effect at the time the Additional Services are perFormed. <br /> The hourly rate for work performed during Normal Business Hours, as defined below, is established <br /> annually by RWC for each fiscal year. <br /> A. Normal Business Hours: Monday through Friday, 8:00 a.m. through 5:00 p.m. except on <br /> the following currently recognized RWC holidays (calendar dates vary depending on the <br /> year): <br /> • New Year's Day <br /> • Martin Luther King, Jr. Day <br /> • Presidents Day <br /> • Memorial Day <br /> • 4th of July <br /> • Labor Day <br /> • Veterans Day <br /> • Thanksgiving Day <br /> • Thanksgiving Friday <br /> • Christmas Eve <br /> • Christmas Day <br /> • New Year's Eve <br /> B. Non-Business Hours: All hours outside of Normal Business Hours, as defined above. <br /> 6. Reliance on Professional Skill of RWC. <br /> RWC represents that it has the necessary professional skills to perform the Services and Additional <br /> Services required and CUSTOMER may rely on such skills of RWC to do and perform the work. RWC <br /> will perform all the work in a professional manner. <br /> 7. LIMITATION OF LIABILITY. <br /> NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE GTC OR SERVICES ORDERS, IN NO <br /> EVENT WILL RWC BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR LOST PROFITS, LOST <br /> REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, THE COST <br /> OF PURCHASING REPLACEMENT SERVICES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, <br /> CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE PERFORMANCE <br /> OR FAILURE TO PERFORM UNDER ANY SERVICES ORDER. FURTHER, RWC WILL HAVE NO <br /> LIABILITY FOR ANY CLAIM AGAINST CUSTOMER BY ATHIRD PARTY IN CONNECTION WITH OR <br /> ATTY/AGR/2015.259/IT SVCS-PORTOLA VALLEY FY 2015-16 JAN-JUNE <br /> REV:11-20-15 RL <br /> Page 2 of 7 <br />