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The total per occurrence limits for coverage required in B. and C. above may be satisfied with any combination of primary and excess or umbrella liability policies totaling the amount of required insurance. LUCENT may self insure or self re�ta.in any insurance covetage required under this Section. i Upon request, LUCENT shall provide CITY with a Certificate of Insurance evidencing the above insurance and providing that the insurer shall give CI"TY at least thirty(30)days' prior written notice of a maxerial change in or cancellation of such insurance. Such Certificates of Insurance will name CI'TY as an additional insured under the CGL and the Automobile Liability insurance spec�ed in subsections B. and C.,above. Section 18 PERFORMANCE BOND LUCENT agrees to se�ure a performance bond for the Total Contract Price hereunder. The cost of the performance bond shall not exceed three and on�half percent (3.5%) of the outstanding balance of this Agreement on an annual basis. Costs of the performance bond shall be the responsibility of LUCENT. If LUCENT performs all of the requirements of this Agreement required to be performed on its part, at the times and in the manner specified therein, then this performance bond obligation shall be null and void. Otherwise it shall remain in full force and effect; provided that any alterations in the services to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of this Agreement, shall not in any way release LUCENT or Surety thereunder, nor shall any extensions of time granted under the provisions of this Agreement, release either LUCENT or Surety. Section 19 SOURCE CODE ESCROW LUCENT, within thirty (30) days of the installation date for any LUCENT Software provided under the terms of this Agreement, shall deposit one (1) copy of all Source Code and related Documentation in an escrow accoun� with a third party escrow agen� Source Code for future versions and rela.ted Documentation, if any, will be placed in said escrow account each six (6) months so long as the CITY remains a maintenance paying custorner for the System installed. LUCENT will be responsible for deposit and storage costs and CITY will be responsible for all beneficiary registration fees associated with the Escrow Account. If LUCENT either faiLs to provide, or arrange for the provision of support or discontinues support of LUCENT Software licensed under this Agreement, CITY will have access to the Source Code as a named licensee under the terms of the Escrow Agreement, in a form as set forth in Exhibit K, so that the CITY may continue operation and maintenance of the System for its own internal business purposes only. Section 20 LIlVIITATION OF LIABILTTY LUCENT (INCLUDING HEREIN ITS AFFILIATES) SHALL IN NO EVENT BE LIABLE TO CIT'Y OR TO ANY OTf�R PERSON OR ENTITY FOR SPECIAL, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS ARISING OUT OF THE PROVISION OF THE PRODUCTS, SOFTWARE OR SERVICES OR IN ANY WAY ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, DELAY, NEGLIGENCE (EXCEPT FOR GROSS NEGLIGENCE), STRICT TORT LIABILITY, OR ANY OTHER THEORY. LUCENT'S ENTIRE LIABILITY FOR ANY CLAIM OR LOSS, DAMAGE OR EXPENSE FROM ANY CAUSE LISTED iN THIS PARAGRAPH SHALL IN NO EVENT EXCEED THE MONIES ACTUALLY PAID TO LUCENT BY CITY FOR THE SPECIFIC SERVICES OR MATERIAL THAT GIVE RISE TO THE CLAIM. NO ACTION OR PROCEEDING AGAINST LUCENT MAY BE COMMENCED MORE THAN TWO YEARS AFTER THE SOFTWARE IS FURNISHED OR SERVICES ARE RENDERED, AS THE CASE MAY BE. THIS CLAUSE SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY. Lucent Technoiogies/Redwood Cfty, CA 10