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1) OSSI shall be notified promptly in writing by the Customer of any notice of such <br /> claim; and <br /> 2) OSSI shall have sole control of the defense of any action on such claim and in all <br /> negotiation for its settlement or compromise. <br /> C. DAMAGES <br /> OSSI believes that the application software furnished hereunder is accurate and <br /> reliable and reasonably meets the specification of its system documentation. However, <br /> the amounts to be paid to OSSI under this Contract and Agreement do not include any <br /> ' assumption of risk, and OSSI DISCLAIMS ANY AND ALL LIABILITY FOR <br /> INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF <br /> OPERATION OF THE SOFTWARE PROVIDED HEREIN. Notwithstanding the <br /> ' foregoing, OSSI shall not be liable to Customer for consequential damages that may arise <br /> or be asserted by a reason of the failure of the application software to perform in <br /> conformance with the specifications. OSSI's sole responsibility shall be to modify or <br /> treplace the application software as delivered to Customer so that the modified or replaced <br /> system reasonably conforms to said specifications. <br /> ' SECTION 8: Customer Responsibilities <br /> A. CUSTOMER REPRESENTATIVE <br /> Customer will fully cooperate with and assist OSSI in the performance of its <br /> responsibilities under this Agreement. As part of Customer's responsibilities, it will make <br /> available to OSSI a qualified staff member, Customer's representative,who will have <br /> authority to act for Customer and to make binding decisions with respect to this <br /> Agreement, including any modifications hereto, and provide OSSI with necessary <br /> information and data concerning Customer's operations and activities, and assume <br /> responsibility for the accuracy of such information and data supplied, and provide access <br /> to Customer's computer facility at all reasonable times, and have the authority to enforce <br /> implementation decisions which are mutually agreed to by Customer and OSSI. <br /> Customer is responsible for selecting a system administrator who is qualified to <br /> operate the Licensed Program on their own equipment and is familiar with the <br /> information, calculations, and reports that serve as input and output of the Licensed <br /> ' Program. <br /> B. HARDWARE CAPACITY <br /> CONTRACT AND AGREEMENT <br /> Page 9 <br />