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Signed-Agreement-CorEMR
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05. May
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2022-05-17 10:00 AM - Commissioners' Agenda
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Signed-Agreement-CorEMR
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Last modified
6/15/2022 1:35:07 PM
Creation date
6/15/2022 1:34:53 PM
Metadata
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Template:
Meeting
Date
5/17/2022
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
d
Item
Request to Approve a Resolution Authorizing Execution of a Professional Services Agreement Between Kittitas County and CorEMR, L.C.
Order
4
Placement
Consent Agenda
Row ID
89412
Type
Agreement
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UNINTERRUPTED OR ERROR FREE. COREMR DOES NOT AND CANNOT <br />WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE <br />SOFTWARE. Some jurisdictions do not allow certain disclaimers or limitations of <br />warranties, so some of these may not apply to you. <br />11. Exclusion of Gertain Damages. UNDER THIS LICENSE AGREEMENT, TO <br />THE FULLEST EXTENT PERMITTED BY LAW, COREMR SHALL NOT IN ANY CASE <br />BE LIABLE FOR ANY LOSS OF USE, LOST OR DAMAGED DATA, ANY INABILITY TO <br />ACCESS OR RETRIEVE DATA, OTHER COMMERCIAL, MEDICAL OR ECONOMIC <br />LOSS, OR FOR ANY DIRECT, INDIRECT, SPECIAL, STATUTORY, PUNITIVE, <br />EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY <br />KIND, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, OR <br />BUSINESS COSTS OF COVERAGE, OR EQUIPMENT DOWNTIME ARISING FROM <br />OR RELATING TO THIS LICENSE AGREEMENT OR FROM THE USE OR INABILITY <br />TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION AND EVEN IF <br />COREMR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS <br />DISCLAIMER OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED <br />HEREIN FAILS lN ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow certain <br />exclusions or limitations of liability, so some of these may not apply to you. <br />12. Limitation of Liability. THE AGGREGATE LIABILITY OF COREMR ARISING <br />FROM OR RELATING TO THIS LICENSE AGREEMENT AND/OR THE <br />ACCOMPANYING AGREEMENT OR THE USE OR INABILITY TO USE THE <br />SoFTWARE (REGARDLESS OF THE FORM OF ACTTON OR CLA|M, WHETHER <br />CoNTRACT, WARRANTY, TORT, EQUTTABLE AND/OR OTHERWTSE) SHALL NOT <br />EXCEED THE AMOUNT OF ALL LICENSE FEES PAID BY YOU FOR THE <br />SOFTWARE LICENSE GRANTED HEREUNDER AND THE INITIAL SET UP FEE AND <br />MONTHLY SERVICE FEES PAID TO THE DATE OF CLAIM. COREMR SHALL NOT IN <br />ANY CASE, BE LIABLE FOR ANY SPECIAL INCIDENTAL, CONSEQUENTIAL, <br />INDIREGT OR PUNITIVE DAMAGES EVEN IF COREMR HAS BEEN ADVISED OF <br />THE POSSIBILITY OF SUCH DAMAGES. COREMR IS NOT RESPONSIBLE FOR <br />LOST PROFITS OR REVENUE, LOSS OF USE OF SOFTWARE OR DATA, GOSTS <br />OF RE.GREATING LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT OR <br />PROGRAM, OR CLAIMS BY ANY PERSON OR LEGAL ENTITY OTHER THAN YOU. <br />13. Sole Remedy and Allocation of Risk. YOUR SOLE AND EXCLUSIVE <br />REMEDY UNDER THIS LICENSE AGREEMENT AND COREMR'S SOLE AND <br />EXCLUSIVE LIABILITY UNDER THIS LICENSE AGREEMENT IS SET FORTH IN THIS <br />LICENSE AGREEMENT. This License Agreement defines a mutually agreed-upon <br />allocation of risk. Each of the parties acknowledge that the provisions of this License <br />Agreement and accompanying Agreement were negotiated to reflect an informed, <br />voluntary allocation between them of all risks (both known and unknown) associated with <br />the use of the Software. The warranty disclaimers and limitations in this License <br />Agreement are intended to limit the circumstances of liability and are separately <br />intended to limit the forms of relief available to the parties. <br />14. Taxes. ln the event that any withholding, sales or use taxes or other taxes or <br />government fees, assessments or charges are payable because of this License <br />Agreement, or any license of the Software, or because of any payment by you, then you <br />shall pay such taxes, fees, assessments and charges in addition to all other payments.
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