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<br />loss of data, or interruption or loss of use of software or any portion thereof, even if <br />advised of the possibility of such damages. This limitation shall apply to all claims <br />whether under theory of contract, tort (including negligence), strict liability, or <br />otherwise. MAXIMUS liability (if any) to County or any third party is limited to the <br />amount paid to MAXIMUS for software license fees and/or the services. <br />14. Contingencies. County intends to make all payments required to be made <br />under the Agreement for the term of the contract. However, in the event, through no <br />action initiated by County, the County Board of Commissioners does not appropriate <br />funds for of this Agreement and it has not funds to continue this Agreement from other <br />sources, this Agreement may be terminated. To effect the termination of this <br />Agreement, County shall, thirty days prior to the beginning of the fiscal year for which <br />the Board does not appropriate funds, send written notice to Consultant stating that its <br />Board failed to appropriate funds. <br />IN WITNESS WHEREOF, County and the Consultant have executed this <br />agreement as of the date first written above. <br />By: ~ ~~~ <br />Dianne L. Mazo <br />Senior Manager <br />4 <br />County of Orange <br />