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3 <br />© TMA Systems, LLC 01/01/16 – NC X <br />6. Data: <br /> <br />A. Customer warrants that as of the date of this Agreement, none of the databases <br />associated with the services performed contain protected health information as that <br />term is defined in the Health Insurance Portability and Accountability Act (“PHI”). <br /> <br />B. Following the execution of this Agreement, Customer shall not enter PHI into any <br />of the databases associated with the services performed. <br /> <br />C. Customer shall review and validate the accuracy and completeness of data resulting <br />from the performance of services by the Company. <br /> <br />D. The Company disclaims any representation, warranty, or guaranty as to the <br />reliability, timeliness, quality, suitability, truth, availability, accuracy or <br />completeness of the data and content resulting from the performance of its services. <br /> <br />7. Limitation of Liability: The liability of the Company to the Customer for damages arising <br />under this Agreement shall be limited as follows: <br /> <br />A. The Company shall not be liable for indirect, special, incidental, or consequential <br />damages. <br /> <br />B. The aggregate liability shall not exceed the amount the Customer paid the Company <br />for the Support Services in the year the damage occurred. <br /> <br />8. Conflicting Terms and Conditions: <br /> <br />A. In the event of a conflict between the terms of the Quotation and this Agreement, <br />the terms of this Agreement shall control. <br /> <br />B. In the event of a conflict between the terms of this Agreement and a Purchase Order, <br />the terms of this Agreement shall control. <br /> <br />9. Litigation: With respect to any litigation arising from this Agreement: <br /> <br />A. Customer consents to the jurisdiction and venue of the District Court of Tulsa <br />County, Oklahoma, and if available, the United States District Court for the <br />Northern District of Oklahoma. <br /> <br />B. This Agreement shall be interpreted in accordance with the laws of the State of <br />Oklahoma. <br /> <br />C. The prevailing party shall be entitled to recover all costs, including a reasonable <br />attorney fee. <br />DocuSign Envelope ID: D1041CA6-DBD4-42BE-8B32-7C592BF2BA15DocuSign Envelope ID: 3E613CA5-0A37-4CD3-890F-47CC5E2F38B1