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Exhibit B: Warranty/Disclaimer of Liability <br />1. CONTRACTOR warrants that upon delivery the Software and Hardware will <br />substantially conform to its Documentation and will be free from defects that will <br />materially impair its use. The CITY's sole remedy for breach of this warranty will be <br />repair or replacement of the Software or Hardware. CONTRACTOR will make <br />reasonable efforts to correct errors in the Software and Hardware, but does not warrant <br />that the Software or Hardware is error -free or will perform without interruption. The <br />CITY has relied solely upon its own investigation and judgment in selecting the Software <br />and Hardware, and not upon any representations or promises of CONTRACTOR except <br />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 <br />CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT <br />(INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) ARISING <br />OUT OF THE QUALITY, CONDITION OR USE OF THE SOFTWARE. IN NO <br />EVENT WILL TEA BE LIABLE FOR ANY AMOUNT WHICH EXCEEDS THE <br />CONTRACT AMOUNT. THE FORGOING SENTENCES NOTWITHSTANDING, <br />THE PROVISIONS OF THIS SECTION SHALL NOT LIMIT TEA'S OBLIGATIONS <br />TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PURSUANT TO THIS <br />AGREEMENT, INCLUDING, WITHOUT LIMITATION, SECTION 2 AND SECTION <br />11 ABOVE"" <br />REV: 05-25-1715 <br />Page 10 of 17 <br />ATTY/AGR.2017.120/Telecommunirations Engineering Associates <br />