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DocuSign Envelope ID:23862A6C-DAD2-4C7F-98FE-91E5CE6EAEOE <br /> discharged within sixty (60) days; or (d) either party adopts a resolution for, or undertakes to effect a, <br /> discontinuance of its business or dissolution. <br /> (c) Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this <br /> Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event <br /> that public funds are unavailable and not appropriated for the performance of County's obligations under this <br /> Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written <br /> notice to Provider of the unavailability and non-appropriation of public funds. <br /> Notwithstanding any termination of this Agreement,the parties acknowledge and agree that Sections 2, 8, 9, 10, 11, <br /> 12, and 15 shall survive and remain in effect in accordance with their terms. Any termination of this Agreement <br /> shall be without prejudice to any other rights or remedies available under this Agreement or at law. <br /> 7. Compliance with Laws <br /> Client agrees to comply with all local rules and regulations regarding online conduct and acceptable content. <br /> 8. Warranty and Disclaimer <br /> GoSection8.com warrants that the Licensed Program shall perform substantially in accordance with the <br /> Documentation and the specifications contained therein. <br /> The Site and Content are provided on an "as is" basis and is intended to be available 24 hours per day, 7 days per <br /> week. <br /> EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, GOSECTION8.COM EXPRESSLY <br /> DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT <br /> NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A <br /> PARTICULAR PURPOSE. IN ADDITION, GOSECTION8.COM DOES NOT WARRANT THAT THE <br /> LICENSED PROGRAM IS ERROR FREE, THAT THE OPERATION OF THE LICENSED PROGRAM SHALL <br /> BE UNINTERRUPTED, THAT FUNCTIONS CONTAINED IN THE LICENSED PROGRAM WILL MEET <br /> CLIENT'S REQUIREMENTS OR SPECIFICATIONS, OR THAT THE LICENSED PROGRAM WORKS WITH <br /> ANY THIRD PARTY SOFTWARE OR HARDWARE CONFIGURATION. <br /> Any material downloaded or otherwise obtained through the use of the Site is done at Client's own discretion and <br /> risk, and GoSection8.com shall have no responsibility for any damage to Client's computer system or loss of data <br /> that results from the download of any such material. <br /> 9. Limitation of Liability <br /> In no event shall GoSection8.com be liable for any direct, indirect, incidental, special or consequential damages, or <br /> damages for loss of profits, revenue, data or use, incurred by Client or any third party, whether in an action in <br /> contract or tort, arising from Client's access to, or use of, the Site or the Content, the Licensed Program, the <br /> Documentation and services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or <br /> exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not <br /> apply. <br /> 10. Maximum Liability <br /> NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT, THE MAXIMUM LIABILITY OF <br /> GOSECTION8.COM FOR DAMAGES TO CLIENT IS THE TOTAL FEES RECEIVED BY <br /> Page 4 of 9 <br /> Issue Date 4/1/17 <br />