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11 <br />nature are intended to survive, shall survive any expiration or termination of this <br />Agreement. <br />8. Warranties. <br />8.1 By UNCHCS. UNCHCS represents and warrants to CLIENT that: (i) UNCHCS has <br />the full right, power and authority to enter into this Agreement, and (ii) to <br />UNCHCS’s knowledge, the services provided to CLIENT under this agreement are <br />not technically or functionally equivalent to items and services that CLIENT <br />already possesses or has obtained. <br />8.2 By Client. CLIENT represents and warrants to UNCHCS that: (i) CLIENT has the <br />full right, power and authority to enter into this Agreement; and (ii) the Client Data <br />will not infringe or violate the rights of any third party including, but not limited to, <br />intellectual property rights; will not be abusive; will not be defamatory or obscene; <br />and will not violate any applicable law and (iii) CLIENT has not made and will not <br />make the provision of the services provided to it under this agreement a condition <br />of continuing to utilize the health facilities and services offered by UNCHCS and <br />(v) the services provided to CLIENT under this agreement are not technically or <br />functionally equivalent to items and services that CLIENT already possesses or has <br />obtained. <br />8.3 DISCLAIMER. THE WARRANTIES STATED IN THIS SECTION 8 ARE THE <br />ONLY WARRANTIES MADE BY THE PARTIES. THE PARTIES EXPRESSLY <br />DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, <br />INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, <br />MERCHANTABILITY, ACCURACY AND FITNESS FOR A PARTICULAR <br />PURPOSE. UNCHCS DOES NOT WARRANT THAT CLIENT'S USE OF THE <br />EMR SYSTEM SHALL BE UNINTERRUPTED OR ERROR-FREE. NO <br />REPRESENTATION OR STATEMENT SHALL BE BINDING UPON UNCHCS <br />AS A WARRANTY OR OTHERWISE UNLESS EXPRESSLY CONTAINED IN <br />THIS AGREEMENT. <br />9. Disclaimer and Limitation of Liability. <br />9.1 TO THE EXTENT ALLOWABLE BY NORTH CAROLINA LAW, IN NO <br />EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST OR <br />ANTICIPATED PROFITS, OR ANY INCIDENTAL, EXEMPLARY, SPECIAL, <br />RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS <br />OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF <br />SUCH DAMAGES. TO THE EXTENT ALLOWABLE BY NORTH CAROLINA <br />LAW, UNCHCS’S ENTIRE LIABILITY TO CLIENT FOR DAMAGES UNDER <br />OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, <br />TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT ACTUALLY <br />PAID TO UNCHCS UNDER THIS AGREEMENT. CLIENT’S ENITRE <br />LIABILITY TO UNCHCS FOR DAMAGES UNDER OR RELATED TO THIS <br />AGREEMENT, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, <br />13