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ARTICLE 14—DISCLAIMER OF WARRANTY
<br /> 14.1 Except for express warranties set forth in the Agreement the CITY disclaim all express or implied
<br /> warranties, including without limitation,warranties of title, non-infringement, merchantability,or
<br /> fitness for a particular purpose. Except as expressly set forth in the Agreement, customer assumes total
<br /> responsibility for use of the services. In addition to any other disclaimers of warranty stated in the
<br /> Agreement,the CITY makes no warranty,guarantee,or representation,express or implied,that all
<br /> security threats and vulnerabilities will be detected or that the performance of the services will render
<br /> Customer's systems invulnerable to security breaches. Customer is responsible for Customer's own
<br /> network security policy(including applicable firewall and Network Address Translation (NAT) policies)
<br /> and security response procedures.
<br /> ARTICLE 15—LIMITATION OF LIABILITY
<br /> 15.1 Neither Party,their affiliates, agents, or contractors shall be liable for any indirect, incidental,
<br /> special, reliance, punitive, or consequential damages or for any loss of,or cost to recover, data, use,
<br /> business, revenues, profits, or goodwill relating to the services performed under this Agreement,or any
<br /> action or omission relating to third parties, regardless of the legal theory under which such liability is
<br /> asserted. Neither Party shall be liable for loss or damage or deemed to be in breach of this Agreement
<br /> due to such Party's failure or delay of performance,wholly or in part, under this Agreement. Any
<br /> Customer claims relating to this Agreement must be brought within sixty(60) days following the end of
<br /> the term or termination.
<br /> ARTICLE 16—LIMITATION OF SERVICE
<br /> 16.1 Notwithstanding any other provision in this Agreement,this Agreement applies only to services
<br /> provided directly to the Customer for the Customer's use.These provisions shall not apply to offerings
<br /> by the Customer for services to third parties.This Agreement does not constitute a joint undertaking for
<br /> the furnishing of any service to customers or other third parties of the Customer.Services provided to
<br /> the Customer under this Agreement may be connected to other facilities between certain locations and
<br /> thereby constitute a portion of end-to-end service furnished by the Customer to its customers or third
<br /> parties. The CITY does not undertake to offer any services to any person or entity other than the
<br /> Customer.
<br /> ARTICLE 17-INDEMNIFICATION
<br /> 17.1 To the extent permitted by law, Customer shall indemnify and hold harmless the CITY, its
<br /> agencies, officers, employees,agents and volunteers from any and all costs, demands, expenses, losses,
<br /> claims,damages, liabilities, settlements and judgments, including in-house and contracted attorneys'
<br /> fees and expenses, arising out of: (a) any breach or violation by the Customer of any of its certifications,
<br /> representations,warranties,covenants or agreements; (b) any actual or alleged death or injury to any
<br /> person, damage to any property or any other damage or loss claimed to result in whole or in part from
<br /> Customer's negligent performance;or(c)any act,activity or omission of the Customer or any of its
<br /> employees, representatives,or agents. Neither Party shall be liable for incidental, special,
<br /> consequential, or punitive damages. The CITY agrees to reasonably cooperate with Customer in the
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