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• 6. Compensation <br />(a) Contractor shall be paid as per the pricing matrix for the Smart System attached hereto as <br />Exhibit B and initialed by the Agency. Payment terms are set forth in Section 8 below. Contractor <br />will invoice Agency for the minimum number of SMART System kits as defined in Exhibit B <br />initialed by the Agency. In no event shall the cost incurred by Agency under this Agreement <br />exceed Twenty One Thousand and 00/100 Dollars ($21,000.00). <br />(b) Agency will pay for the costs associated with replacing lost, stolen or irreparably damaged leased <br />units at the prices established in Exhibit B initialed by the Agency. <br />7. Title: Shippin4 and Damage to Leased Products <br />Title to all leased products will remain with Contractor. Any damages incurred to leased products <br />after the Agency has accepted the leased products following an initial inspection of the same shall <br />be the responsibility of the Agency. Leased products will be returned to Contractor upon <br />expiration of the lease term in their original condition with the exception of reasonable wear and <br />tear. <br />8. Pavment Terms and Taxes <br />Payments shall be made to Contractor at 2549 Success Drive, Odessa, Florida 33556. <br />Contractor will issue monthly invoices to Agency for the applicable lease and service charges plus <br />any applicable sales, use or properly taxes that Contractor is required to collect and/or pay on the <br />• products or services provided to Agency hereunder. Agency shall pay to Contractor the total <br />amount of each such invoice within thirty (30) days after the date of the invoice. Contractor <br />reserves the right to assess interest charges on late payments more than thirty (30) days after <br />Agency receives invoice. <br />9. Warranties and Limitation of Liabilities <br />Contractor warrants products and services for intended purposes only. Contractor warrants that it <br />has the right to lease the products and provide the services to Agency hereunder. Other than <br />provided for under the terms of this agreement, Contractor makes no other warranties regarding <br />the products or services provided hereunder, expressed or implied; and contractor specifically <br />excludes any warranty of merchantability and fitness of its products and services for a particular <br />purpose other than those provided for under the terms of this agreement. <br />(a) Contractor expressly disclaims any warranty that its monitoring service or its system is impervious <br />to tampering. In no event will Contractor be liable for any direct or indirect damages in connection <br />with or arising out the providing, performance or use of the products or services provided under <br />the terms of this agreement or any orders hereunder. In no event does Contractor assume or bear <br />any responsibility or liability for acts that may be committed by Offenders or persons subject to or <br />using its products. <br />(b) Contractor shall not be liable for any failure or delay in performance hereunder which is due in <br />whole or in part to any cause beyond its control. <br />(c) It is understood that the responsibility for designating levels of monitoring for each Offender shall <br />be that of the Agency. Any failure of the Agency to designate a proper level of monitoring for any <br />Offender shall be the responsibility of the Agency. <br />• <br />3 <br />