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6.1.M. - Page 12 <br />Exhibit B: Warranty/Disclaimer of Liability <br />CONTRACTOR warrants that upon delivery the Software and Hardware will substantially <br />conform to its Documentation and will be free from defects that will materially impair its <br />use. The CITY's sole remedy for breach of this warranty will be repair or replacement of <br />the Software or Hardware. CONTRACTOR will make reasonable efforts to correct errors <br />in the Software and Hardware, but does not warrant that the Software or Hardware is error - <br />free or will perform without interruption. The CITY has relied solely upon its own <br />investigation and judgment in selecting the Software and Hardware, and not upon any <br />representations or promises of CONTRACTOR except as may be expressly stated herein. <br />2. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR <br />IMPLIED, AND CONTRACTOR SPECIFICALLY DISCLAIMS ANY IMPLIED <br />WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR <br />PURPOSE. <br />3. IN NO EVENT WILL CONTRACTOR BE LIABLE FOR LOST BUSINESS, DIRECT, <br />SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, <br />WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING <br />NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF THE <br />QUALITY, CONDITION OR USE OF THE SOFTWARE. IN NO EVENT WILL TEA <br />BE LIABLE FOR ANY AMOUNT WHICH EXCEEDS THE CONTRACT AMOUNT. <br />THE FORGOING SENTENCES NOTWITHSTANDING, THE PROVISIONS OF THIS <br />SECTION SHALL NOT LIMIT TEA'S OBLIGATIONS TO INDEMNIFY, DEFEND, <br />AND HOLD HARMLESS PURSUANT TO THIS AGREEMENT, INCLUDING, <br />WITHOUT LIMITATION, SECTION 2 AND SECTION 11 ABOVE"". <br />ATTY/AGR/2018.172/TELECOMMUNICATIONS ENGINEERING ASSOCIATES <br />REV: 08-07-18 RL <br />Page 10 of 17 <br />