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6.11. - Page 6 <br />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 A THIRD PARTY IN CONNECTION WITH OR <br />ATTY/AGR/2018.078/IT SVCS — BURLINGAME FY2018-19 THROUGH FY2019-20 <br />REV: 04-11-18 PR <br />Page 2 of 7 <br />