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Fub -19 -98 04 :35P Coleman Glsadhill Hargrave 919 732 7997 P_04 <br />B. The Company shall not be liable for losses, damages or <br />claims that are discovered by the County, the County's agent or <br />representative more than two years after final delivery of <br />project deliverables. County agrees to notify Company of any <br />loss, damage or claim as soon as practical after the lass, damage <br />or claim is discovered but in any event within ninety (90) days <br />of County's discovery of the loss, damage or claim. <br />C. The Company shall not be liable for any damages incurred by <br />the County or any other entity resulting from delay or failure of <br />delivery due to strikes, lockouts, fires, inclement, weather, <br />equipment malfunction, governmental acts or regulations or any <br />other circumstances beyond 4he control of the Company. <br />D. The Company warrants that the work it performs and the <br />products it delivers under this agreement will be as required in <br />the RFP and as proposed in the proposal, but makes no other <br />express or implied warranty, including but not limited to the <br />implied warranties of merchantability and fitness for a <br />particular purpose. <br />E. County agrees that Company's liability under this agreement <br />for damages, regardless of the form of the action, shall not <br />exceed the greater of: (1) the limits of insurance coverage <br />carried by Company for risks covered by insurance policies <br />required by this agreement or, (2) for other liability of Company <br />under this agreement, the total amount paid to Company for <br />services under this agreement. Company warrants that it <br />presently carries the following insurance coverage and further <br />warrants that it will maintain the following insurance coverage <br />for three years following the latter of the date of delivery of <br />the last deliverable or the date of the last service provided by <br />Company to County under this agreement: <br />Coveraoc I n Place and to be Maintained <br />Aviation Liability $5,000,000 each occurrence <br />General Liability $2,000,000 aggregate per incident <br />$1,000,000 each occurrence <br />Autombile Liability $1,000,000 combined single limit <br />Umbrella <br />$1,000,000 each occurrence and <br />aggregate <br />Workers Compensation -- 6tatutory coverage. <br />Company further warrants that the certificate of insurance which <br />is Exhibit A to this agrrecrment is current and that Company will <br />provide periodic certificates confirming the insurance coverage <br />required by this agreement upon request. <br />5 <br />