Orange County NC Website
To the extent permitted by law, Lenovo will indemnify, defend and hold harmless the Customer, its officers, <br /> employees from and against all claims, losses, liabilities and damages(including reasonable attorney's fees and <br /> costs)arising out of the improper performance of services under this sow. The maximum cumulative liability of <br /> Lenovo and its affiliates, suppliers and subcontractors for direct actions arising out of or related to this Agreement <br /> and all orders issued hereunder, regardless of the form of the action or the theory of recovery, shall,be limited to <br /> the total amount paid or payable by Customer to Lenovo. <br /> Under no circumstances shall Lenovo, its subcontractors,suppliers be liable for any of the following; 1)third-party <br /> claims against you for damages;2)loss of,or damage to,your records or data;or 3)special,incidental, indirect or <br /> consequential damages (including lost profits, business, revenue, goodwill or anticipated savings), even if <br /> informed of their possibility. <br /> This Contract is governed by and interpreted under the laws of the State of North Carolina unless preempted by <br /> federal law. The parties further agree that jurisdiction and venue for any matter arising out of or pertaining to this <br /> Agreement shall be proper only in the state and federal courts located in Orange County; North Carolina and <br /> Middle District of the State of North Carolina,and the parties hereby consent to such jurisdiction and venue. <br /> See Exhibit A on next page <br /> Orange County NC Government—Services SOW—01/14/2013 5 of 13 <br />