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DocuSign Envelope ID:B24B6EE8-440A-4618-BA1B-758A520A23BC <br /> 11. Non Appropriation: Provider acknowledges that County is a governmental entity, and the <br /> validity of this Agreement is based upon the availability of public funding under the authority of its statutory <br /> mandate. In the event that public funds are unavailable and not appropriated for the performance of County's <br /> obligations under this Agreement, then this Agreement shall automatically expire without penalty to County <br /> immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. <br /> 12. Limitation of Liability Notwithstanding the foregoing, in no event shall either party be <br /> liable to the other for indirect, incidental, consequential, special, punitive, or liquidated damages; nor shall <br /> either party's total liability under this Agreement exceed three times (3x) the total contract price. The <br /> foregoing limitation shall not apply to the extent Claims are covered by insurance that Provider is required to <br /> carry under the terms of this Agreement. <br /> 13. Warranty: Parts and Services provided hereunder are accompanied by express, written <br /> manufacturer's warranty and Provider's limited service warranty. Except as provided herein. no other <br /> warranties exist. express or implied. including any warranties for merchantability and fitness for a <br /> particular purpose. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> 3 <br />