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' present at the time of acceptance. This warranty is contingent upon Customer advising CCG in writing
<br /> of such errors within one (1) year from installation as defined herein.
<br /> Following the warranty period Customer may continue to receive CCG's software maintenance by
<br /> Customer's execution of CCG's then standard agreement and payment of CCG's then current charge
<br /> for such maintenance.
<br /> B. No Other Warranties
<br /> Except for the express warranties stated in paragraph V. A. above, CCG disclaims all warranties with
<br /> regard to the CCG product sold hereunder, including all implied warranties of marketability and fitness
<br /> and all obligations or liabilities on the part of CCG for damages including, but not limited to,
<br /> consequential damages arising out of, or in connection with, the use or performance of the system.
<br /> C. Exclusion of Incidental, Consequential and Certain Other Damages
<br /> To the maximum extent permitted by applicable law, in no event shall CCG Systems or its suppliers be
<br /> liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including,
<br /> but not limited to, damages for: loss of profits, loss of confidential or other information, business
<br /> interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of
<br /> reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in
<br /> any way related to the use of or inability to use the FASTER components or the support services, or
<br /> the provision of or failure to provide support services, or otherwise under or in connection with any
<br /> provision of this EULA, even if CCG Systems or any supplier has been advised of the possibility of such
<br /> damages.
<br /> D. Limitation of Liability
<br /> Customer Agrees that CCG Systems, Inc.'s liability, and that of its officers, directors, employees,
<br /> agents and subcontractors to customer or any third party due to any negligent professional acts,
<br /> errors or omissions or breach of contract by CCG Systems, Inc. will be limited to an aggregate of
<br /> CCGs total fee.
<br /> �, ���.
<br /> This agreement can not be assigned without prior written consent of CCG. Any attempt by Customer to assign
<br /> any of the rights, duties, or obligations of this agreement without such consent is void.
<br /> This agreement can be modified by a written agreement duly signed by persons authorized to sign
<br /> agreements on behalf of Customer and of CCG, and variance from the terms and conditions of this agreement
<br /> in any order or other written notification from the Customer will be of no effect.
<br /> If any provision or provisions of this agreement shall be held to be invalid, illegal, or non-enforceable, the
<br /> validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired
<br /> thereby.
<br /> CCG agrees that it will be insured prior to doing work for the City of Decatur on premises.
<br /> No action, regardless of form, arising out of this agreement may be brought by either party more than three
<br /> (3) years after the cause of action has arisen, or, in the case of non-payment, more than three (3) years from
<br /> the date of the last payment.
<br /> Contracts between public agencies utilizing an existing solicitation or current requirement contract of one of
<br /> the public agencies that is party to the contract for which:
<br /> a) The original contract met the requirements of this chapter;
<br /> b) The contract allows other public agency usage of the contract; and
<br /> c) The original contracting public agency concurs.
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<br /> T.,,�«���«,,o,.Tw.,... 9 ]une 2009
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