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<br /> <br /> <br /> <br /> <br /> <br /> <br />Rev. 06022016 5 of 15 <br /> <br />PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY BE <br />ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE, ANY WARRANT Y <br />OF ERROR-FREE PERFORMANCE, OR ANY WARRANTY OF THIRD PARTY <br />PRODUCTS, OR FUNCTIONALITY OF THE CUSTOMER’S HARDWARE, <br />SOFTWARE, FIRMWARE, OR COMPUTER SYSTEMS. <br /> <br />c. CUSTOMER represents and warrants to that CUSTOMER has the right to <br />use and furnish to for use in connection with this Agreement any <br />information, specifications, data or Intellectual Property that CUSTOMER has provided <br />or will provide to in order for to perform the Services and to create <br />the Deliverables identified in Exhibit A. <br /> <br />12. LIMITATION OF LIABILITY <br /> <br /> a. CUSTOMER hereby agrees that total liability to CUSTOMER for any and <br />all liabilities, claims or damages arising out of or relating to this Agreement, regardless <br />of cause or the legal theory asserted, including but not limited to breach of contract or <br />warranty, tort, strict liability, statutory liability or otherwise, shall not, in the aggregate, <br />exceed fees paid to during the previous 12-month period. The parties <br />acknowledge and agree to the foregoing liability risk allocation . Any claim by <br />CUSTOMER against relating to this Agreement must be made in writing and <br />presented to within six (6) months after the date on which this Agreement <br />expires or is otherwise terminated. <br /> <br /> b. In no event shall either or CUSTOMER be liable to the other for any punitive, <br />exemplary, special, indirect, incidental or consequential damages , including, but not <br />limited to, lost profits, lost business opportunities, loss of use or equipment down ti me, <br />and loss of or corruption of data, arising out of or relating to this Agreement, regardless <br />of the legal theory under which such damages are sought, and even if the parties have <br />been advised of the possibility of such damages or loss, and notwithstanding any <br />failure of essential purpose of any limited remedy. <br /> <br />13. NOTICES <br /> <br />f. Any communication or notice permitted under the terms of this Agreement or required by <br />law must be in writing, and will be deemed given and effective: (i) when delivered <br />personally with proof of receipt, (ii) when sent by e-mail, (iii) when delivered by overnight <br />express, or (iv) three (3) days after the postmark date when mailed by certified or <br />registered mail, postage prepaid, return receipt requested and addressed to a party at <br />its address for notices. Each party's address for notices is stated below. Such address <br />may be changed by a notice delivered to the other party in accordance with the provisions <br />of this Section. <br /> <br />Customer <br />Prosecuting Attorney General Manager <br />Kittitas County Prosecuting Attorney’s Office <br />Ste. 213, 205 W. 5th 4825 Higbee Avenue NW <br />Ellensburg, WA 98926 Suite 101 <br /> Canton, Ohio 44718 <br />Tel. No. 509-962-7520 Tel. No. 330.470.4280