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Feb-19-98 04:35P Coleman Gledhill HargravQ 919 732 7997 P.04 <br /> H. The Company shall noC be liable for losses, damages or <br /> claims that are discovered by the County, the County's agent or <br /> representative more than two years after final delivery of <br /> project deliverables. County agrees to notify Company of any <br /> loss, damage or claim as soon as practical after the loss, damage <br /> or claim is discovered but in any event within ninety (90) days <br /> of County's discovery of the loss, damage or claim. <br /> C. The Company shall not be liable for arxy damages incurred by <br /> the County or any other entity resulting from delay or failure of <br /> delivery due to stri.kes, lockouts, fires, inclement, weather, <br /> equipment malfunction, governmental acts or regulations or any <br /> other circumstances beyond the control of the Company. <br /> D. The Company warrants that the work it performs and the <br /> products it delivers under this agreement will be as required in <br /> the RFP and as proposed in the proposal, but makes no other <br /> express or implied warranty, including but not limited to the <br /> implied warranties of merchanl.ability and fitness for a <br /> particular purpose. <br /> E. County agrees that Company's liability under this agreement <br /> for damages, regardless of the form of the action, shall not <br /> exceed the greater of: (1) the limits of insurance coverage <br /> carried by Company for risks covered by insurance policies <br /> required by this agreement or, (2) for other liability of Company <br /> under this agreement, the total amount paid to Company for <br /> services under this agreement. Company warrants that it <br /> presently carries the following insurance coverage and further <br /> warrants that it will maintain the following insurance coverage <br /> for three years following the latter of the date of delivery of <br /> the last deliverable or the date of the last service provided by <br /> Company to County under this agreement: <br /> Insurance Coverage in Place and to be Main _a'ne <br /> Aviation Liability $5,000,000 each occurrence <br /> General Liability $2,000, 000 aggregate per incident <br /> $1,000, 000 each occurrence <br /> Automobile Viability $1.000, 000 combined single limit <br /> Umbrella $1,000, 000 each occurrence and <br /> aggregate <br /> Workers Compensation - statutory coverage. <br /> Company further warrants that the certificate of insurance which <br /> is Exhibit g to this agreement is current and that Company will <br /> provide periodic certificates confirming the insurance coverage <br /> required by this agreement upon request. <br /> 5 <br />