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reference to the choice of laws provisions the�eof. CONTRACT, TORT (INCLUDING <br /> If any provision of this Agreement is illegal or NEGLIGENCEy, PRODUCT LIABILITY, OR <br /> unenforceable, it will be deemed strkken from the OTHERWISE, AND WHETHER OR N4T <br /> Agreement and the remaining provisi�ns of the SUNGARD PUBLIC SECTOR HAS BEEN <br /> Ag�eement will remain in full force and effect. ADVISED OF THE POSSIBILITY OF SUCH <br /> DAMAGE. <br /> 16. LIMITATIONS OF LIABILITY. <br /> (cj BASIS OF THE BARGAIN. <br /> (a) LIMITED LIABILITY OF SUNGARD CUSTOMER ACKNOWLEDGES THAT <br /> PUBLtC SECTOR. SUNGARD PUBLIC SUNGARD PUBLIC SECTOR HAS SET ITS <br /> SECTOR'S LIABILITY IN CONNECTION WITH FEES APID ENTERED INTO THIS AGREEMENT <br /> THE SOFTWARE� ANY SERVICES, THIS IN RELIANCE UPON THE LIMITATIONS OF <br /> LICENSE QR ANY OTHER MATTER RELATING LIABILITY AND THE DISCLAIMERS OF <br /> TO THIS AGREEMENT WILL NOT EXCEED WARRANTIES AND DAMAGES SET FORTH IN <br /> THE FEE THAT CUSTOMER ACTUALLY PAID THIS AGREEMENT, AND THAT THE SAAAE <br /> TO SUNGARD PUBLIC SECTOR (OR, IF NO FORM AN ESSENTIAL BASIS OF THE <br /> DISCRETE FEE IS IDENTIFIED IN EXHIBIT 1, gpRGA1N BETWEEN THE PARTIES. <br /> THE FEE REASONABLY ASCRIBED BY <br /> SUNGARD PUBLIC SECTOR) FOR THE �7, Entire As�reement. This Agreement contains <br /> COMPONENT SYSTEM OR SERVICES GIVING �he entire understanding of the parties with <br /> RISE TD THE LIABILITY. respect to its subject matter, and supersedes and <br /> extinguishes all prior oral and written <br /> (b) EXCLUSION OF DAMAGES, communications between the paRies about its <br /> REGARDLESS WHETHER ANY REMEDY SET subject matter. Any purchase order or similar <br /> F�RTH HEREIN FAILS OF ITS ESSENTIAL document which may be issued by Customer in <br /> � PURPOSE OR OTHERWISE, IN NO EVENT connecuon with this Agreement does not modify <br /> WILL SUNGARD PUBLIC SECTOR BE LIABLE this Agreemen� No modification of this <br /> TO CUSTOMER FOR ANY SPECIAL, Agreement will tse effective unless it is in writing,is <br /> INCIDENTAL, OR CONSEQUENTIAL signed by each party, and expressly provides that <br /> DAMAGES,WHETHER BASED ON BREACH OF �t amends this Agreement <br /> Page 7 of 26 <br /> SPS LiCense 7/712070 <br />