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disclosure and/or use of the Confidential
<br />information. Notwithstanding anything herein to
<br />the contrary, Receiving Party agrees that
<br />Disclosing Party shall have, In addition to any
<br />other available remedies, the right to an
<br />immediate injunction and other equitable relief
<br />enjoining any breach or threatened breach of this
<br />Section 7.5, without the necessity of posting any
<br />bond or other security. Within ten (10) business
<br />days after any termination or expiration of this
<br />Agreement, Receiving Party shall return to
<br />Disclosing Party (or destroy, at Disclosing Party's
<br />sole election) all Confidential Information of
<br />Disclosing Party (and all copies and extracts
<br />thereof) then in the possession or control of
<br />Receiving Party or Its affiliates, employees or
<br />contractors.
<br />7.6 Warranties
<br />7.7 Service Warranty. Streetline warrants that,
<br />upon successful equipment installation and
<br />network activation, the Service shall be functional
<br />and available for access and use by Customer as
<br />described In the Scope of Services. Customer's
<br />sole and exclusive remedy for Streetline's breach
<br />of this warranty shall be to have Streetline use
<br />commercially reasonable efforts to repair the
<br />Service to achieve the functionality described in
<br />the Scope of Services. The warranties set forth in
<br />this Agreement are made to and for the benefit of
<br />Customer only. Such warranties shall not apply if
<br />Customer has used the Service other than in
<br />accordance with Streetline's instructions, this
<br />Agreement and applicable law.
<br />7.8 Disclaimer of Warranties. THE WARRANTIES
<br />STATED IN SECTION 7.7 ABOVE, ARE THE SOLE
<br />AND EXCLUSIVE WARRANTIES OFFERED BY
<br />STREETUNE. STREETUNE MAKES NO, AND
<br />EXPRESSLY DISCLAIMS ALL, OTHER WARRANTIES,
<br />EXPRESS OR IMPLIED, INCLUDING ALL
<br />WARRANTIES OF MERCHANTABILITY, FITNESS FOR
<br />A PARTICULAR PURPOSE OR NON -INFRINGEMENT
<br />OF THIRD PARTY RIGHTS.
<br />8. Limitation of Liability. TO THE EXTENT
<br />ALLOWED BY APPLICABLE LAW, IN NO EVENT
<br />WILL STREETLINE'S ENTIRE LIABILITY ARISING
<br />FROM A BREACH OF THIS AGREEMENT RELATING
<br />TO STREETUNE'S FAILURE TO DELIVER THE
<br />SERVICES IN ACCORDANCE WITH THIS
<br />REV: 07-07-1715
<br />ATTY/AGR.2017.158/Streetline
<br />AGREEMENT EXCEED THE GREATER OF (X) $1,000
<br />AND (Y) THE TOTAL FEES PAID BY CUSTOMER
<br />UNDER THIS AGREEMENT, IN EACH CASE,
<br />NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
<br />PURPOSE OF ANY LIMITED REMEDY OR
<br />LIMITATION OF LIABILITY. THIS LIMITATION OF
<br />LIABILITY DOES NOT APPLY TO ANY CLAIMS
<br />ARISING OUT OF PERSONAL INJURY AS A RESULT
<br />OF THE DELIVERY OF SERVICES OR INSTALLATION
<br />OF THE EQUIPMENT. IN ADDITION, STREETLINE
<br />SHALL NOT BE LIABLE FOR ANY INDIRECT,
<br />SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
<br />PUNITIVE DAMAGES OF ANY KIND, HOWEVER
<br />CAUSED, EVEN IF STREETLINE HAS BEEN ADVISED
<br />OF THE POSSIBILITY OF SUCH DAMAGES. THE
<br />LIMITATIONS SET FORTH IN THIS SECTION 8 SHALL
<br />NOT APPLY TO STREETLINE'S OBLIGATIONS TO
<br />DEFEND, INDEMNIFY, AND HOLD HARMLESS, AS
<br />SET FORTH IN SECTION 9, ANY CLAIM RELATED TO
<br />A BREACH OF STREETLINE'S DATA SECURITY OR
<br />TO IMPROPER DISCLOSURE BY STREETUNE OF
<br />CUSTOMER OR COLLECTED DATA, OR TO ANY
<br />CLAIMS RELATED TO AN ALLEGED VIOLATION OF
<br />LAW BYSTREETLINE.
<br />9. Indemnification. Streetline will defend,
<br />indemnify and hold harmless Customer and its
<br />officers, agents, employees and volunteers from
<br />and against all claims, damages, losses and
<br />expenses including attorney fees arising out of
<br />the performance of the Service, (a) caused in
<br />whole or in part by the willful misconduct or any
<br />negligent act or omission of Streetline, any
<br />subcontractor, anyone directly or Indirectly
<br />employed by any of them or anyone for whose
<br />acts any of them may be liable, except where
<br />caused by the sole negligence or willful
<br />misconduct of Customer or (b) related to any
<br />actual or alleged data breaches related to
<br />Customer Data or Collected Data.
<br />Further, without restricting the generality of the
<br />foregoing, Streetline will defend, indemnify, and
<br />hold harmless Customer and its officer, agents,
<br />employees and volunteers from and against all
<br />claims, damages, losses and expenses, including
<br />attorney fees, related to a claim made by a third
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