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Revised 01/24 Granicus 2025 <br />9 <br />SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, HOWEVER CAUSED. <br />m. Simpleview Product Specific Terms. <br />i) Accessibility. While Provider will encourage and support County’s in their efforts to <br />meet guidelines, absent statutory requirements, Provider does not cover accessibility <br />issues introduced by third party scripts or forms, and County generated content <br />website accessibility implementation completed by Provider. Provider provides no <br />warranties or indemnities on website accessibility and recommends review of any <br />implementation with appropriate legal representatives. <br />ii)Delivery of Content. For the avoidance of doubt, Content as defined within this <br />Agreement shall include any materials provided by County, including, but not limited <br />to any images, photographs, illustrations, graphics, audio clips, video clips or text. <br />County shall deliver the Content to Provider in an electronic file format specified and <br />accessible by Provider (e.g., .txt, .jpg) or as otherwise specified in an applicable <br />Order. Any services required to convert or input Content not set forth in an applicable <br />Order may be charged additional fees. County shall promptly deliver all Content to <br />Provider as required by Provider. <br />iii)Simpleview Notices. Unless otherwise agreed to in writing by the Parties, Provider <br />shall have the right to place proprietary notices of Provider and its suppliers (including <br />hypertext links related thereto) on the Provider Content and Services, including <br />developer attribution and hypertext links to Provider website, and to change or update <br />such notices from time to time upon notice to County. In no event may County remove <br />or alter any Provider proprietary notice from the Provider Content or Services without <br />Provider’s prior written consent. <br />iv)Client Warranties. County warrants that: (a) it has all authorization(s) necessary for <br />hypertext links to third party website(s); (b) the information provided by County is <br />not in any way false, misleading or contrary to law; (c) does not infringe the rights <br />(including, without limitation, any intellectual property rights) of any person; (d) is <br />not obscene, offensive, defamatory, personally offensive or in any way unsuitable for <br />a person under the age of 18; and (e) does not compromise, and cannot be used for, <br />any purpose or activity of an illegal, fraudulent or defamatory nature. <br />n.Warranty. Provider warrants that it takes all precautions that are standard in the industry <br />to increase the likelihood of a successful performance for the Provider products and <br />services; however, the Provider products and services are provided “AS IS” and as <br />available. EXCEPT AS PROVIDED ABOVE, EACH PARTY HEREBY DISCLAIMS <br />ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER <br />WHETHER ORAL AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, <br />WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, <br />TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. <br />PROVIDER DOES NOT WARRANT THAT PROVIDER PRODUCTS AND <br />SERVICES WILL MEET COUNTY’S REQUIREMENTS OR THAT THE <br />OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. <br />o.Notices. Any notice required by this Agreement shall be in writing and delivered by <br />certified or registered mail, return receipt requested to the following: <br />Orange County Provider’s Name <br />10