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DocuSign Envelope ID: D1041CA6-DBD4-42BE-8B32-7C592BF2BA15 <br /> 6. Data: <br /> A. Customer warrants that as of the date of this Agreement, none of the databases <br /> associated with the services performed contain protected health information as that <br /> term is defined in the Health Insurance Portability and Accountability Act("PHP"). <br /> B. Following the execution of this Agreement, Customer shall not enter PHI into any <br /> of the databases associated with the services performed. <br /> C. Customer shall review and validate the accuracy and completeness of data resulting <br /> from the performance of services by the Company. <br /> D. The Company disclaims any representation, warranty, or guaranty as to the <br /> reliability, timeliness, quality, suitability, truth, availability, accuracy or <br /> completeness of the data and content resulting from the performance of its services. <br /> 7. Limitation of Liability: The liability of the Company to the Customer for damages arising <br /> under this Agreement shall be limited as follows: <br /> A. The Company shall not be liable for indirect, special, incidental, or consequential <br /> damages. <br /> B. The aggregate liability shall not exceed the amount the Customer paid the Company <br /> for the Support Services in the year the damage occurred. <br /> 8. Conflicting Terms and Conditions: <br /> A. In the event of a conflict between the terms of the Quotation and this Agreement, <br /> the terms of this Agreement shall control. <br /> B. In the event of a conflict between the terms of this Agreement and a Purchase Order, <br /> the terms of this Agreement shall control. <br /> 9. Litigation: With respect to any litigation arising from this Agreement: <br /> A. Customer consents to the jurisdiction and venue of the District Court of Tulsa <br /> County, Oklahoma, and if available, the United States District Court for the <br /> Northern District of Oklahoma. <br /> B. This Agreement shall be interpreted in accordance with the laws of the State of <br /> Oklahoma. <br /> C. The prevailing party shall be entitled to recover all costs, including a reasonable <br /> attorney fee. <br /> 3 <br /> ©TMA Systems,LLC 01/01/16—NC X <br />