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DocuSign Envelope ID: DA019459-39F3-45AD-8430-92342948DC63 <br /> „PCCELIGENT <br /> BUILDING DATA. EVERYWHERE. <br /> 17. Section 5.2 of the General Terms and Conditions, under "CDX Service" Shall be stricken and replaced with the <br /> following: <br /> Subscriber shall immediately notify Xceligent if it becomes aware that any third party gains or has the potential <br /> to gain access to any of Subscribers Users Access Codes. <br /> 18. Section 6.1 of the General Terms and Conditions, under "Non-Compete and Commitments" Shall be stricken and <br /> replaced with the following: <br /> It is understood that this Agreement and services are for the specific use of Orange County, North Carolina, <br /> and will not be shared with any additional counties, cities, towns, townships or another other municipality within <br /> or outside of Orange County, North Carolina. <br /> 19. Section 7.2 of the General Terms and Conditions, under "Content and Proprietary Rights" — Removal of 7.2 in its <br /> entirety <br /> 20. Section 7.3 of the General Terms and Conditions, under "Content and Proprietary Rights" — shall be stricken and <br /> replaced with the following: <br /> If an error in the Database content or any information contained in the CDX is caused by Xceligent, Xceligent <br /> will correct the error after notice to Xceligent. <br /> 21. Section 7.4 of the General Terms and Conditions, under "Content and Proprietary Rights" — Removal of 7.4 in its <br /> entirety <br /> 22. Section 8.3 of the General Terms and Conditions, under "Warranties" — shall be amended to remove "the entire <br /> risk" and shall now read: <br /> Access by Subscribers and Users to Database Content and modifications or additions thereto and related <br /> documentation, regardless of form, is provided "as is" and with all faults as to satisfactory quality, <br /> performance, accuracy and effort is with Subscriber. <br /> 23. Section 9. of the General Terms and Conditions, under "Indemnities"— Removal of 9.1 and 9.2 in its entirety <br /> 24. Section 10.1 and 10.2 of the General Terms and Conditions, under "Limitations of Liability" shall be amended to <br /> read as follows: <br /> 10.1 XCELIGENT'S OR SUBSCRIBER'S LIABILITY TO THE OTHER PARTY UNDER THIS AGREEMENT WILL NOT <br /> EXCEED, IN THE AGGREGATE, THE AMOUNT OF SUBSCRIPTION FEES PAID BY SUBSCRIBER PURSUANT TO THIS <br /> AGREEMENT FOR THE TWELVE MONTH PERIOD PRECEDING THE DATE OF THE ACTION OR OMISSION GIVING <br /> RISE TO SUBSCRIBER'S OR XCELIGENT'S CLAIM. <br /> 10.2 Xceligent or SUBSCRIBER will not be liable for any indirect damages, consequential damages, damages for <br /> loss of profits or revenues, lost data, business interruption or loss of business information arising in connection <br /> with this Agreement, even if informed of the possibility of such damages by the other Party to this Agreement. <br /> DocuSigned by: ^-^^^DacnSignetl by. <br /> SUBSCRIBER XCELIGENT In. <br /> ler <br /> By: By: <br /> C8DDO4DrODCC <br /> Name(Print): ffeePeBffAW&sley Name(Print): Glenn soendker <br /> Title: County Manager Title: CAO/Asst . Secretary <br /> Date: 7/8/2016 Date: 7/6/2016 <br />