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transmission, and agrees to accept such filings as legal submissions of Taxpayer <br /> information related to business personal property filings or extension requests. <br /> D. All rights to and title in the TAXscribe.com software, including all ownership, copyright, <br /> patent, trademark, service mark, trade secret, and other proprietary rights, belong to <br /> TMA. TMA reserves all rights not specifically granted to County in this Agreement. <br /> E. Except as otherwise provided in this Agreement, all expenses incurred by TMA in <br /> performing the Free Services and the Fee Services (collectively, the "Services") under <br /> this Agreement including, but not limited to, travel, food, lodging, mileage, salaries, etc. <br /> of TMA staff shall be the responsibility of TMA. Furthermore, except as otherwise <br /> provided in this Agreement, all expenses incurred by County in performing its <br /> obligations under this Agreement shall be the responsibility of County. <br /> F. New Business Personal Property Accounts. The County will be responsible for <br /> reviewing information on new business personal property accounts through the use of <br /> informer.tmal.com. This service will allow the County to add an account number to the <br /> new account through the portal prior to delivery of that account to the County by other <br /> supplied methods for integration with the County native database. If the County fails to <br /> provide a new account number for accounts which are missing the same, data will be <br /> delivered to the County in absence of this field or fields. <br /> G. TMA represents and warrants to County that (i) TMA has the power and authority to <br /> execute, deliver, and perform this Agreement, and (ii) TMA will perform the Services in <br /> a professional and workmanlike manner in accordance with this Agreement. TMA shall <br /> exercise reasonable care and diligence in performing services under this Agreement in <br /> accordance with the highest generally accepted standards of this type practiced <br /> throughout the United States and in accordance with any applicable federal, state or local <br /> laws and regulations. County represents and warrants to TMA that County has the power <br /> and authority to execute, deliver, and perform this Agreement. <br /> H. Disclaimers; Limitations. <br /> a. Disclaimer. Except as expressly provided in Section G above, TMA hereby disclaims <br /> all representations and warranties, express and implied, as to TMA's services, <br /> including the implied warranties of merchantability, fitness for a particular purpose, <br /> 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 any <br /> this Agreement will not exceed the aggregate amount County has paid TMA pursuant <br /> to this Agreement, regardless of the theory of recovery. <br /> c. Waiver. The payment of any sums by the County under this Agreement or the failure <br /> of the County to require compliance by the TMA with any provisions of this <br /> Agreement or the waiver by the County of any breach of this Agreement shall not <br /> constitute a waiver of any claim for damages by the County for any breach of this <br /> Agreement or a waiver of any other required compliance with this Agreement. <br />