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