2024-358-E-Housing Dept-Social Solutions Global-Modification to original agreement of licensed users and discount support hours

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3 misconduct of Client. The indemnity and other remedies set forth in this Sec<on shall be the exclusive remedies of the Client with respect to any claim and ac<ons for which SSG has an obliga<on of indemnity pursuant to this Sec<on. It is the intent of this Sec<on to require SSG to indemnify the Client to the fullest extent permi0ed under North Carolina law. 5. Sec8on 8.2. Client Indemnity. Sec<on 8.2 is hereby amended and restated in its en<rety, to read as follows: “No Client Indemnity. Client shall not be liable for any negligent or wrongful acts, either of commission or omission, unless such liability is imposed by law, and this Agreement shall not be construed as seeking to either enlarge or diminish any obliga<on or duty owed by one party against the other or against a third party.” 6. Sec8on 9. Nondisclosure. Sec<on 9 is hereby modified by adding “including but not limited to the North Carolina Public Records Act” to the end of subsec<on (a) of Sec<on 9, and by adding the following sentence to the end of Sec<on 9: “The par<es acknowledge and agree Client is a public en<ty subject to the provisions of the North Carolina Public Records Act and further acknowledge and agree that this Agreement and any record produced in rela<on to this Agreement that is in the possession of Client may be subject to disclosure pursuant to the North Carolina Public Records Act, irrespec<ve of whether or not it is Confiden<al Informa<on, and any such disclosure shall not be considered a breach of this Agreement.” 7. Sec8on 10. Limita8on of Liability. Sec<on 10 is hereby amended and restated in its en<rety, to read as follows: “LIMITATION OF LIABILITY. Except as required by applicable law, notwithstanding anything to the contrary contained in this Agreement, any Order Form, SOW, or other instruments, exhibits and a0achments, in no event shall either Party’s total liability for any and all damages to the other Party exceed: (i) with respect to the SaaS Services, the fees (excluding implementa<on or other Professional Services fees) paid by Client for the twelve (12) month period preceding the ac<on or event giving rise to the liability or (ii) with respect to the Professional Services, the total fees received by SSG from Client for the Professional Services under the SOW giving rise to the liability. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, CLIENT, SSG AND ITS LICENSORS AND SUPPLIERS WILL NOT BE RESPONSIBLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, INACCURATE INFORMATION OR LOSS OF INFORMATION OR COST OF COVER) THAT EITHER PARTY MAY INCUR OR EXPERIENCE IN CONNECTION WITH THE AGREEMENT OR THE SERVICES, HOWEVER CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.” 8. Sec8on 11.2 SaaS Service Terms. Sec<on 11.2 is hereby modified as follows (addi<ons are represented by underline and dele<ons are represented by strikethrough): “SaaS Services Term. The ini<al term of each of the SaaS Services is specified in the Order Form (“Ini8al Term”) and automa<cally renews may be renewed by wri0en amendment for the same length as the Ini<al Term but not less than a period of twelve (12) months (the “Renewal Term”) unless either party gives or for a great or lesser Term upon the mutual wri0en agreement of the par<es. Either party shall give wri0en no<ce 45 90 days prior to the end of the Ini<al Term, or any renewal term (“Renewal Term”), of its inten<on to terminate the Order Form. The Ini<al Term and any Renewal Term, combined, are referred to as the “Term ”. The SaaS Services DocuSign Envelope ID: 7FA62209-A970-40F7-9C38-88B8CD8221DFDocuSign Envelope ID: F96193CE-1C3E-4AB8-B35D-B4F5A97AE7D4