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Professional Services Master Agreement Kittitas County limitations set forth in Section 10 below. The foregoing warranty is expressly conditioned upon (i) Client providing Tieton Group with prompt written notice of any claim thereunder prior to the expiration thereof, which notice must identify with particularity the non-conformity; (ii) Client's full cooperation with Tieton Group in all reasonable respects relating thereto, including, in the case of modified software, assisting Tieton Group to locate and reproduce the non-conformity; and (iii) with respect to any Deliverable, the absence of any alteration or other modification of such Deliverable by any person or entity other than Tieton Group. The parties acknowledge and agree that this Agreement relates solely to the performance of services (not the sale of goods) and, accordingly, will not be governed by the Uniform Commercial Code of any State having jurisdiction. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 8, Tieton Group DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY, WHETHER SUCH REPRESENTATION OR WARRANTY BE EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY REPRESENTATION OR WARRANTY FROM COURSE OF DEALING OR USAGE OF TRADE. In the event that Client asserts any claim for warranty services hereunder and such claim relates to any matter that is determined by Tieton Group not to be Tieton Group's responsibility hereunder (including any problem with Client's computer hardware or software that was not caused by any Services performed by Tieton Group), Client will be responsible to pay Tieton Group for all costs incurred for all evaluation, correction or other services performed by Tieton Group relating to such claim on a time and materials basis at Tieton Group's then standard billing rates. 10. Limitation of Liability In no event shall Tieton Group be liable for special, exemplary, incidental, or consequential damages (including, without limitation, lost revenues, profits, savings or business) or loss of records or data, whether or not the possibility of such damages has been disclosed to Tieton Group in advance or could have been reasonably foreseen by Tieton Group, and whether in an action based on contract, warranty, strict liability, tort (including, without limitation, negligence) or otherwise. Tieton Group's maximum aggregate liability for any claim, loss or other liability arising out of, or connected with, this Agreement, the Services contemplated hereunder or Client's use of any such Services or Deliverables, and whether based upon contract, warranty, strict liability, tort (including, without limitation, negligence), or otherwise, shall in no case exceed the aggregate amounts paid to Tieton Group by Client under any SOW giving rise to such claim during the last six (6) months, except as stated in the SOW and provided for under section for Insurance. Tieton Group will not be liable for any damages claimed by Client based upon any third-party claim. Tieton Group's entire liability and Client's remedies under this Agreement shall be subject to the limitations contained in this Section 10. The limitations on warranty and liability specified in Sections 9 and 10 hereof will survive and apply even if any limited remedy herein is found to have failed of its essential purpose. The parties acknowledge that the limitation of warranties and liabilities as set out in this Page 6 of 12