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<br />6.3. Each party represents that it has received all necessary authority and approvals to enter into this
<br />Agreement, and that the negotiation and performance of this Agreement is not in conflict with
<br />any other agreement entered into by such party.
<br />6.4. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IIS MAKES NO
<br />WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
<br />IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS
<br />FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING AS A RESULT OF
<br />USAGE IN THE TRADE OR BY COURSE OF DEALING. ALL WARRANTIES
<br />RELATING TO THE NCPTS SOFTWARE SHALL BE AS SET FORTH IN THE LICENSE
<br />AGREEMENT.
<br />Liability and Insurance
<br />7.1. All liability arising under or relating to the subject matter of this Agreement, whether under
<br />theory of contract, tort (including negligence), or otherwise, shall be limited to direct damages.
<br />Neither party, including its officers, directors, employees, agents, representatives, and
<br />subcontractors, shall have any liability to the other party or to any third party for any incidental,
<br />punitive, indirect, special or consequential damages, including but not limited to lost profits,
<br />loss of data, cost of recreating lost data, interruption of business, or costs of procurement of
<br />substitute goods or services, even if advised of the possibility of such damages, whether under
<br />theory of warranty, contract, tort (including negligence), strict liability or otherwise. The
<br />aggregate liability of IIS under any Schedule shall not exceed the total fees paid by County to
<br />IIS with respect to the Schedule. Nothing in this Agreement creates an obligation by County to
<br />pay any damages in excess of those amounts legally available to satisfy County's obligations
<br />under this Agreement. No section of this Agreement is intended to create a waiver of County's
<br />rights or privileges as a sovereign entity.
<br />7.2. IIS will carry and maintain throughout the period of this Agreement, at IIS' sole expense,
<br />insurance including specifically general liability, and if applicable, worker's compensation
<br />insurance, to cover the obligations of IIS set forth herein, or the acts of IIS performed
<br />hereunder, including the following.
<br />Comprehensive Automobile Liability Insurance:
<br />Bodily Injury/Property Damage Per Occurrence $500,000
<br />General Liability Insurance:
<br />Bodily Injury/Property Damage Each Occurrence $1,000,000
<br />Bodily Injury/Property Damage Aggregate $1,000,000
<br />Personal Injury Per Person $1,000,000
<br />Personal Injury Aggregate $1,000,000
<br />Umbrella Insurance:
<br />Limit of Liability Aggregate $1,000,000
<br />Errors and Omissions Insurance:
<br />Professional Liability $1,000,000
<br />Certificates of such insurance shall be furnished by IIS to County within ten (10) business days
<br />after execution of this Agreement. Such certificates shall require the insurer issuing the
<br />underlying policy to provide County with a minimum of thirty (30) days notice prior to
<br />modification or cancellation of said policy. IIS agrees that such insurance shall be primary,
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