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DocuSign Envelope ID:06D16954-FCBO-4D8A-A85B-422F2092248A <br /> C. Waiver. The payment of any sums by the County under this Agreement or the failure of <br /> the County to require compliance by the Provider with any provisions of this Agreement <br /> or the waiver by the County of any breach of this Agreement shall not constitute a <br /> waiver of any claim for damages by the County for any breach of this Agreement or a <br /> waiver of any other required compliance with this Agreement. <br /> d. Suspension. County may suspend the Basic Services and this Agreement at any time for <br /> County's convenience and without penalty to County upon three (3) days' notice to <br /> Provider. Upon any suspension by County, Provider shall discontinue work on the Basic <br /> Services and shall not resume the Basic Services until notified to proceed by County. <br /> 11. Additional Provisions <br /> a. Limited Warranty: Stratus warrants that it will perform the Services in a professional <br /> manner consistent with industry standards. Except for the express warranties provided in <br /> this Agreement and to the extent allowed by applicable law, Stratus makes no other <br /> representation, warranty, or guarantee, express or implied, of any kind, and Stratus <br /> specifically disclaims any warranty or condition of merchantability or fitness for a <br /> particular purpose. <br /> b. Limitation of Liability: County acknowledges that interpretations may not be entirely <br /> accurate in all cases and that events outside of the control of Stratus may result in <br /> incomplete or interrupted service. Except as specifically stated otherwise and to the <br /> extent allowed by North Carolina law, each party's aggregate liability to the other for <br /> claims arising out of this Agreement, whether for breach or in tort and including but not <br /> limited to negligence, shall be limited to the amount paid by County to Stratus within the <br /> previous 12 months. Further, neither party will be liable for any indirect, punitive, <br /> special, incidental or consequential damage in connection with or arising out of this <br /> Agreement (including loss of business, revenue, profits, use, data or other economic <br /> advantage), however it arises, whether for breach or in tort, even if that party has been <br /> previously advised of the possibility of such damage. Liability for damages shall be <br /> limited and excluded, even if any exclusive remedy provided for in this Agreement fails <br /> of its essential purpose. <br /> c. Equipment Warranty: The warranty provided to Customer by Stratus with respect to the <br /> Equipment is set forth in Exhibit "B" of Attachment A. The warranty period shall <br /> commence upon Acceptance of the Equipment. <br /> d. Additional Terms: The obligations of the parties under this Agreement which by their <br /> nature should continue beyond the termination or expiration of this Agreement will <br /> remain in effect after termination or expiration. <br /> e. Non-Performance: To the extent allowed by North Carolina law, a party is not liable <br /> under this Agreement for non-performance or delayed or interrupted performance caused <br /> by events or conditions beyond that party's control if the party makes reasonable efforts <br /> to perform. This provision does not relieve County of its obligation to make all payments <br /> then owing when due. <br /> Revised 6/19 <br /> 5 <br />