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withheld. <br /> <br />25. Paragraph Headin,qs. Paragraph headings as used herein are for convenience <br />only and will not be deemed to be a part of such paragraphs and will not be construed <br />to change the meaning thereof. <br /> <br />26. Limitation of Liability. Because any evaluation of potential security risks is <br />inherently speculative in nature and involves assessment of threats whose sources, <br />numbers, types, durations and other features are not subject to accurate prediction, <br />CONSULTANT is unable to warrant that its performance of services for the City will <br />prevent all or any actual breaches of security within the water system. As a result, <br />CONSULTANT's total liability to the CITY or any of the CITY's officers, employees, <br />agents, contractors or subcontractors for any and all injuries, claims, losses, expenses <br />or damages whatsoever arising out of or in any way related to this Agreement, including <br />without limitation any indemnification obligations hereunder, shall not exceed the total <br />amount of fee paid to CONSULTANT under this Agreement or $50,000, whichever is <br />greater. <br /> <br />27. Entire Agreement. This Agreement, together with any other written document <br />referred to or contemplated by it, along with the purchase order for this Agreement and <br />its provisions, embody the entire Agreement and understanding between the parties <br />relating to the subject matter of it. In case of conflict, the terms of the Agreement <br />supersede the purchase order. Neither this Agreement nor any of its provisions may be <br />amended, modified, waived or discharged except in a writing signed by both parties. <br /> <br />Agreement over $10K 8 <br />City Attorney Approved Version 090103 <br /> <br /> <br />