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11. Warranty and Exclusion of Warranties. County has elected, in its sole discretion, <br />to use the Delivered Materials after reviewing and assessing them. Based upon such <br />review and assessment, County has made its own independent judgment that the <br />Delivered Materials are appropriate for such use. Patriot represents and warrants that <br />the services performed and any deliverables provided shall materially conform to the <br />requirements of this Agreement and any specifications provided in the attached <br />Schedules, Exhibits or Statement of Work ( "SOW"). Patriot warrants that it shall use <br />best efforts to resolve complaints, errors and problems within a reasonable time and to <br />the County's satisfaction. <br />EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE DELIVERED <br />MATERIALS ARE PROVIDED BY PATRIOT "AS 1S ", AND ANY USE BY COUNTY OF <br />THE DELIVERED MATERIALS WILL BE AT COUNTY'S SOLE RISK. PATRIOT <br />MAKES NO WARRANTIES RELATING TO THE DELIVERED MATERIALS AND <br />EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING <br />WITHOUT LIMITATION, INFRINGEMENT, OR IMPLIED WARRANTIES OF <br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PATRIOT <br />DOES NOT WARRANT THAT THE DELIVERED MATERIALS WILL MEET ANY <br />REQUIREMENTS OR NEEDS COUNTY MAY HAVE, OR THAT THE DELIVERED <br />MATERIALS WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED <br />FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE DELIVERED MATERIALS <br />WILL BE CORRECTED, OR THAT THE DELIVERED MATERIALS ARE COMPATIBLE <br />WITH ANY PARTICULAR PLATFORM. PATRIOT DOES NOT ASSUME ANY LEGAL <br />LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR <br />USEFULNESS OF THE DELIVERED MATERIALS. PATRIOT IS NOT OBLIGATED TO <br />PROVIDE ANY UPDATES TO THE SOFTWARE. SOME STATES AND <br />JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO <br />THE ABOVE LIMITATIONS MAY NOT APPLY. THE FOREGOING PROVISIONS <br />SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY <br />APPLICABLE LAW. <br />12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY <br />APPLICABLE LAW, IN NO EVENT SHALL PATRIOT BE LIABLE FOR ANY <br />INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES <br />WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF <br />PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER <br />COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO <br />COUNTY'S USE OR INABILITY TO USE THE DELIVERED MATERIALS, HOWEVER <br />CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, <br />INFRINGEMENT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF COUNTY HAS <br />BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME <br />JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL <br />OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY_ <br />