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8 <br /> 7. Disclaimers; Limitations. <br /> a. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7 ABOVE, <br /> TMA HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, <br /> EXPRESS AND IMPLIED, AS TO TMA'S SERVICES, INCLUDING THE <br /> IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A <br /> PARTICULAR PURPOSE, AND NON-INFRINGEMENT. <br /> b. Limitation of Liability. TMA will not be liable for any incidental or consequential <br /> damages arising out of or relating to this Agreement, or a breach of this Agreement, <br /> even if TMA was advised of the possibility of such damages and whether or not such <br /> damages arise in contract,tort, or other theory of liability. TMA's liability under this <br /> Agreement will not exceed the aggregate amount COUNTY has paid TMA pursuant <br /> to this Agreement,regardless of the theory of recovery. <br /> 8. Content of Information. <br /> a. Pass-through Role. COUNTY acknowledges and agrees that TMA's role through <br /> providing TAXscribe.com is as a transfer of data and a service to both the <br /> TAXPAYER and the COUNTY. TMA in no way provides a review of or <br /> recommendations on the content of that information. TMA will correct any errors <br /> that are due to system flaws, bugs, or other like technical difficulties which are of no <br /> fault of the TAXPAYER or the COUNTY. <br /> b. Indemnity. COUNTY will indemnify and hold harmless, and at TMA's election <br /> defend, TMA and its affiliates and their respective directors, officers, shareholders, <br /> managers, employees, and agents from and against all loss, liability, claim, damage, <br /> and expense (including costs of investigation and defense and reasonable attorneys' <br /> fees and expenses), whether or not involving a third-party claim, arising out of or <br /> related to any of the following: (i)any breach of this Agreement by COUNTY, <br /> 9. Availability of Resources. Except as provided below, it will be the responsibility of TMA to <br /> maintain TAXscribe.com and informer.tmal.com on TMA owned and managed server resources, <br /> provide internet connectivity to those servers, and consistent availability of these sites to the general <br /> public. The COUNTY does not have any responsibility for providing server resources, software <br /> assistance, or other availability resources for the use of the site beyond providing technical assistance on <br /> the native software formats used by the COUNTY in relation to the service level agreements. TMA will <br /> use commercially reasonable efforts and methods to ensure availability of these website resources, but <br /> cannot control acts of God, power interruptions, or other catastrophic events which may impact <br /> availability, and COUNTY understands and agrees that there may be instances where TMA needs to <br /> interrupt the Services without notice in order to perform system maintenance or protect the integrity of <br /> the Services. TMA will, however, use commercially reasonable procedures to limit interruptions and <br /> announce any scheduled downtimes. <br /> 10. Term and Cancellation. The initial term of this Agreement will commence on the Effective <br /> Date and will expire upon December 31 of 2013. Upon the expiration of the initial term and each <br /> renewal term, the term of this Agreement will automatically renew for consecutive one-year periods, <br /> unless either party provides the other with notice of non-renewal at least 30 days before the expiration of <br /> the then-current period, in which case the Agreement will expire effective at the end of the then-current <br /> 6 <br />