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REV: 11-22-24 MI <br />EXHIBIT C <br />TERMS OF SERVICE ADDENDUM <br />The following terms are supplemental terms for the provision of the SaaS Solution, Software and <br />Services pursuant to the SOFTWARE AS A SERVICE (SAAS) PROCUREMENT AND <br />PROFESSIONAL SERVICES AGREEMENT to which this Exhibit C is attached. Any reference in <br />this Exhibit C to the “Agreement” shall mean and refer to the foregoing. <br />1. Except for liability pursuant to Section 21 or third party claims pursuant to Section 23, the <br />total liability of Provider to City or any other person or entity for any claim under this Agreement <br />whether it arises by statute, contract or otherwise, will not exceed the greater of $100,000 or the <br />amounts paid to Provider by City for the SaaS Solution, Software or Services. The foregoing limit <br />does not apply to death or personal injury arising from negligence of Provider, or in respect of <br />accidental loss of, or damage to City’s tangible property, to the extent caused by the negligence <br />of Provider, its employees or subcontractors. This limitation of liability does not limit the availability <br />of insurance coverage required to be maintained by Provider pursuant to Exhibit H. <br />ATTY/AGR.2024.220/Kim Lundgren Associates, Inc (KLA) (Climate Dashboard) (Page 17 of 22)