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for a period of up to five (5) years. Contractor acknowledges disbarment by another jurisdiction <br /> is grounds for City to terminate this Agreement. <br /> 24. WARRANTY DISCLAIMER. OTHER THAN THE WARRANTY AND <br /> SUPPORT SERVICES PROVIDED FOR IN THIS AGREEMENT (INCLUDING EXHIBIT A), <br /> THE SOFTWARE AND SERVICES ARE BEING PROVIDED "AS IS" WITHOUT ANY <br /> WARRANTIES OF ANY KIND. CONTRACTOR DOES NOT WARRANT THAT THE <br /> SOFTWARE OR THE SERVICES WILL MEET CITY'S REQUIREMENTS OR THAT THE <br /> OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, ERROR <br /> FREE, OR NOT RESULT IN THE LOSS OR CORRUPTION OF DATA. CONTRACTOR <br /> DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, <br /> INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, <br /> FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. <br /> 25. LIMITATION OF LIABILITY. OTHER THAN BREACHES OF THE <br /> CONFIDENTIALITY PROVISIONS OR INTELLECTUAL PROPERTY PROVISIONS <br /> HEREIN, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR <br /> ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR <br /> LOSS OF USE, LOST PROFITS, REGARDLESS OF THE FORM OF ACTION, WHETHER <br /> CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF A PARTY HAS <br /> BEEN ADVISED OF THE POSSIBILITY THEREOF. OTHER THAN FOR DAMAGES <br /> RELATING TO BREACHES OF CONFIDENTIALITY OR INTELLECTUAL PROPERTY <br /> PROVISIONS HEREIN OR DUE TO THE GROSS NEGLIGENCE OR WILLFUL <br /> MISCONDUCT, IN NO EVENT WILL EITHER PARTY'S AGGREGATE, CUMULATIVE <br /> LIABILITY FOR ANY CLAIMS HEREUNDER EXCEED THE AMOUNT OF FEES PAID <br /> OR PAYABLE UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 25 <br /> SHALL IN NO WAY LIMIT CONTRACTOR'S INDEMNIFICATION RESPONSIBILITIES <br /> PURSUANT TO SECTION 9 OF THIS AGREEMENT. <br /> 26. Miscellaneous. The laws of the State of California shall govern this Agreement <br /> and all matters relating to it and venue for state court shall be in Redwood City and for federal <br /> court in San Francisco. In the performance of this Agreement, Contractor shall abide by and <br /> conform to any and all applicable laws, including, but not limited to the Redwood City <br /> Municipal Code. <br /> [Signature Page FollowsJ <br /> Page 11 of 24 <br /> ATTY/AGR/2016.082/VIMOC TECHNOLOGIES INC <br /> REV:04-22-16 JS <br />