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ATTY/AGR/2023.222 – FLOCK FIXED ALPR PROGRAM <br />REV: 08-29-23 MI <br />51062.00005\41317899.1 <br />Page 16 of 24 <br /> <br />PARTICULAR PURPOSE. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT <br />ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6. <br />8.5 Insurance. Flock will maintain insurance policies as stated in Exhibit B. <br />8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance <br />from any cause beyond their control, including, but not limited to acts of God, changes to law or <br />regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of <br />national security, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages <br />of equipment or supplies, financial institution crisis, weather conditions or acts of hackers. <br />9. LIMITATION OF LIABILITY; INDEMNITY <br />9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, <br />FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVESAND EMPLOYEES SHALL <br />NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF <br />THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY <br />CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER <br />THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) <br />INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF <br />SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, <br />EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY <br />MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE CONTROL <br />INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; <br />OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH <br />ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO <br />FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) <br />MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN <br />EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY <br />OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES <br />TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED <br />IN SECTION 10.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE <br />FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF