Orange County NC Website
Browse       Search
THIS AGREEMENT, REGARDLESS OF WHETHER PROVIDER HAD BEEN ADVISED OF THE POSSIBILITY <br />OF SUCH DAMAGE OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. ENPIRA HAS <br />NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, <br />CORRUPTION OR RECOVERY OF PROVIDED DATA. IN ANY EVENT, PROVIDER’S MAXIMUM TOTAL <br />LIABILITY TO USER UNDER THIS AGREEMENT SHALL BE NO MORE THAN THE AMOUNTS OF THE <br />FEES ACTUALLY PAID TO PROVIDER IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE <br />EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING <br />THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. <br />5.GENERAL. <br />5.1. Remedies. No right or remedy herein conferred upon any Party is intended to be exclusive of <br />any other right or remedy, and shall be cumulative and, except as otherwise expressly provided <br />herein, every such right or remedy shall be in addition to every other right or remedy or now or <br />hereafter existing at law or in equity. No failure or delay on the part of any Party to exercise, any <br />right shall operate as a waiver thereof, nor shall any single or partial exercise by any Party of any <br />right preclude any other. <br />5.2. Third Party Beneficiaries. The warranties made by Provider in this Agreement, and the obligations <br />of Provider under this Agreement, run only to User and not to clients, customers, or any other <br />persons. Under no circumstances shall any client or customer of User or any other person be <br />considered a third-party beneficiary of this Agreement or otherwise entitled to any rights or <br />remedies under this Agreement, even if such other persons are provided access to the Software <br />or data maintained by or related to the Software via the Internet or other networked <br />environment, whether or not permitted under this Agreement. <br />5.3. Severability. If any provision of this Agreement is held to be invalid or unenforceable for any <br />reason, the remaining provisions shall continue in full force without being impaired or invalidated <br />in any way, and the Parties agree to replace any invalid provision with a valid provision that most <br />closely approximates the intended and economic effect of the invalid provision. <br />5.4. Survival of Termination. The following Sections shall survive termination of this Agreement: 2, 4, <br />and 5. <br />DocuSign Envelope ID: 8161DA59-2376-4849-ABAC-306B75528C22