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FOR RESPONDING TO EMERGENCY 911 OR OTHER EMERGENCY REFERRAL CALLS. RWC <br />WILL HAVE NO RESPONSIBILITY FOR THE SERVICE QUALITY OR SERVICE OUTAGES (1) <br />CAUSED BY OR CONTRIBUTED TO, DIRECTLY OR INDIRECTLY, BY ANY ACT OR OMISSION OF <br />CUSTOMER AND/OR ITS AFFILIATES, AGENTS OR REPRESENTATIVES; (II) DUE TO POWER <br />FAILURES (III) DUE TO INTERNET OUTAGES; (III) CAUSED BY THE FAILURE OR MALFUNCTION <br />OF NON-RWC EQUIPMENT OR SYSTEMS; OR (IV) DUE TO CIRCUMSTANCES OR CAUSES <br />BEYOND THE CONTROL OF RWC OR ITS AGENTS. NOTWITHSTANDING ANYTHING TO THE <br />CONTRARY IN THE GTC OR SERVICES ORDERS, RWC'S TOTAL CUMULATIVE LIABILITY TO <br />CUSTOMER HEREUNDER WILL BE LIMITED TO THE ACTUAL FEES PAID BY CUSTOMER TO <br />RWC DURING THE PRECEDING TWELVE (12) MONTHS. <br />8. Compliance with Law. <br />All services rendered hereunder by RWC will be provided in accordance with all ordinances, resolutions, <br />statutes, rules and regulations of CUSTOMER, and any federal, state or local governmental agency <br />having jurisdiction in effect at the time the service is rendered. <br />9. Relationship of Parties. <br />It is understood that the relationship of RWC to CUSTOMER is that of an independent contractor and all <br />persons working for or under the direction of RWC are its agents or employees and not agents or <br />employees of CUSTOMER. <br />10. Nonassiqnment. <br />The GTC and Services Orders are not assignable either in whole or in part. <br />11. Amendments. <br />The GTC and Services Orders may be amended or modified only by written agreement signed by both <br />Parties. <br />12. Validity. <br />The invalidity, in whole or in part, of any provisions of the GTC or Services Orders will not void or affect <br />the validity of any other provisions of the GTC or Services Orders. <br />13 Governinq Law/Litigation. <br />The GTC and Services Orders will be governed by the laws of the State of California and any suit or <br />action initiated by either Party will be brought in the County of San Mateo, California. In the event of <br />litigation between the Parties hereto to enforce any provision of the GTC and Services Orders, the <br />unsuccessful Party will pay the reasonable expenses of litigation of the successful Party. <br />ATTY/AGR/2018.078/IT SVCS — BURLINGAME FY2018-19 THROUGH FY2019-20 <br />REV: 04-11-18 PR <br />Page 3 of 7 <br />