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LUCENT's oBLIGATION TO MAKE CORRECTIONS OR GIVE A CREDIT OR REFUND AS SET FORTH ABOVE IN T'HIS WAK�NT�' 13. LIlVIITATION OF LIABILITl' LUCENT SHALL IN NO EVENT BE LIABLE TO CITY, OR ANY PERSON OR E�TZ'LOSS OF USE SERVICE SUPPLIED UNDER THIS AGREEMENT,FOR LOSS OF TiME, INCONVENIENCE, OF ANY PRODUCT OR EQ�P�OT�O� OR OR A OTI�R INDIRECTY ECIAL, R�LI`a'NCOE, EQUIPMENT OR THEIR FAILURE INCIDENTAL OR CONSEQUEN�FROM, ORDTHE U E ORSPERF'ORMAN EI OFGANY RODUOCT OR OBLIGATION RESULTING THE PRODUCTS VVHETHER IN f'`N�CT, DELAY, NEGLIGEN EO(EXCEPT FORRGROSSONEGLIRGE CE), ALLEGED BREACH OF CO STRICT TORT LIABILITY OR OTHE�CAUSECLISTED IN IHISIPBR�G�PH SHALLLIN NO EVOENT DAMAGE, OR EXPENSE FROM EXCEED THE REPAIR OR REPHLI,AC�EMENY GIVES RISE O Tf-�CLAIM.NO ACTION OR' PROCEOEDING THE SERVICE OR ITEM WHIC AGAINST LUCENT MAY BE COH�NLL Si RV��A�UR�E OF AN EXCLUSIVEE REMEDY VICES ARE COMPLETED. THIS PARAGRA 14. NONWAIVER No course of dealing, course of performance,or failure of either party strictly to enforce any term,right or condition of this Agreement shall be construed as a waiver of any term, right,subse�uent bre ch of the samerorcany other provision of this Agreement shall be construed to be a waiver of any q provision. 15. FORCE MAJEURE Except with respect to CITY's obligation to make timely payments, neither party shall be held responsible for any delay or failure in performance to the extent that such delay or failureovecrnment eyu�rements�c vil orbm litary explosions,earthquakes,floods,wars,water,the elements,]abor disputes,g 9 authorities, acts of God or by�e oi ol�er c uses bey nd i s con olrwhethereor not similar t the foregoings, acts or omissions of carriers or suppliers, 16. CHOICE OF LAW The construction,interpretation and performance of, and all transactions under,this Agreement shal]be governed by the law of the State of California. 17. ENTIRE AGREEMENT The terms and conditions containe�d A h e��t between ethedparties withar specttt o the esuUjectnm tter�of this parties, shall constitute the en � course of dealing between LUCENT or Agreement and shall not be contradicted,explained, or supplemented by any any of its affiliates and CITY or any of its affiliates. LUCENT employees' statements and LUCENT advertisements or descriptions other than its pCITY as such f1This Agreement shalllnot be modifeed or�amended xcept by a writing an d s h a l l n o t b e r e l i e d u p o n b y signed by an authorized reprisof Public Safety p�ies. For t his purpose, t h e o n l y a u t h o r i z e d r e p r e s e n t a t i v e o LUCENT shall be the Mana�e 18. ASSIGNMENT This Agreement may not be assigned by CITY without the prior written consent of LUCENT. Such consent shall not be unreasonably withheld. 5 _ _ _ . _ _ _ ______. _..__ . _