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(an "Infringement Claim") by a third party that is based upon an allegation that any part of the Services, including, without limitation, any technology or any other content made available to the Indemnified Parties by NextRequest as part of the Services, infringes or otherwise violates the intellectual property (provided that with respect to patents it shall be limited to US patents) rights of such third party. NextRequest shall also indemnify and hold harmless the Indemnified Parties from and against any final award of damages or settlement amounts for release of liability from any such Infringement Claim. In addition, if an Infringement Claim is made, or if NextRequest has reason to believe such a claim may be made, NextRequest's may at its option and expense (a) procure for Customer the right to continue using the Infringing Item, (b) replace or modify the Infringing Item so that it is no longer infringing but continues to provide comparable functionality, or (c) terminate this Agreement and Customer's access to the Service, in which case NextRequest shall refund a prorated amount of any amounts paid for which Service have not yet been received. NextRequest shall have no liability to Customer for any infringement action to the extent such action arises out of a breach of the terms and conditions of this Agreement by Customer or of the use of the Service (or any component part thereof) after it has been modified by Customer without NextRequest's prior written consent. This section expressly supersedes any indemnification obligation contained in County documents. 8. Disclaimers and Limitations on NextRequest's Liability 8.1. NextRequest is not responsible to Customer or any third party for unauthorized access to Customer Content or the unauthorized use of the Service unless the unauthorized access or use results from NextRequest's or its Service Providers' failure to meet its security obligations under this Agreement. Customer is responsible for the use of the Service by any employee of Customer, any person Customer authorizes to use the Service, any person to whom Customer has given access to the Service, and any person who gains access to Customer Content or the Service as a result of Customer's failure to use reasonable security precautions, even if such use was not authorized by Customer. Customer is not responsible for the use of the Service by Requesters, so long as such use would not otherwise be a violation of the foregoing sentence. 8.2. Disclaimer of Warranty. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND NEXTREQUEST MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEXTREQUEST MAKES NO REPRESENTATION OR WARRANTY (A) USE OF THE SERVICE WILL MEET CUTOMER'S REQUIREMENTS, (B) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR -FREE, OR (C) REGARDING THE ACCURACY OR RELIABILITY OF ANY CONTENT. 8.3. Limitation of Liability. NEXTREQUEST WILL NOT BE LIABLE FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF IT KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. EXCEPT FOR NEXTREQUEST'S OBLIGATIONS UNDER SECTION 10 OF THE AGREEMENT (INDEMNIFICATION — GENERAL) AND SECTION 7 OF THIS EXHIBIT B (INDEMNIFICATION — INTELLECTUAL PROPERTY), IN NO EVENT WILL THE AGGREGATE LIABILITY OF NEXTREQUEST OR ITS SUCCESSORS, LICENSORS, SERVICE PROVIDERS OR SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE REV: 09-25-2020 PR ATTY/AGR.2020.211/Next Request Co. (Public Records Act Request Automated System) (Page 18 of 23)