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� • refierence to the choice of laws provisions thereof. CONTRACT, TORT (INCLUDING <br /> If any provision �f this Agreement is illegal or NEGLIGENCE), PRODUCT LIABILITY, �R <br /> unenforceable, it will be deemed stricken from the OTHERWISE, AND WHETHER OR NOT <br /> Agreement and the remaining provisions of the SUNGARD PUBLIC SECTOR tiAS BEEN <br /> Agreement will remain in fuif force and effect. ADVtSED OF THE POSSIBILI7Y OF SUCH <br /> DAMAGE. <br /> 16. LIMITATIONS OF LIABILITY. <br /> BASlS OF THE BARGAIN. <br /> (a) LIMITED LIABILITY OF SUNGARD CUST`OMER ACKNOWLEDGES THAT <br /> PUBLIC SECTOR. SUNGARD PUBLIC SUNGARQ PUBLIC SECTOR HAS SET iTS <br /> SECTOR'S LIABILITY tN CONNECTION WITH pEES ANQ ENTERED 1NT0 THlS AGREEMENT <br /> THE SOFTWARE, ANY SERVICES, THlS �N RELIANCE UPON THE LIMITATtONS OF <br /> LtCENSE OR ANY OTHER MATTER RELATING LIABILITY AND THE DISCLAtMERS OF <br /> TO THIS AGREEMENT WlLL NOT EXCEED WARRANTIES AND DAMAGES SET FORTH IN <br /> THE FEE THAT CUS70MER ACTUALLY PAID THIS AGREEMENT, AND THAT THE SAME <br /> TO SUNGARD PUBLIC SECTOR {OR, IF NO FORM AN ESSENTIAL BAS1S OF � THE <br /> DISCRETE FEE IS IDENTlFIED 1N EXHIBIT 1, gARGAiN BETWEEN THE FARTIES. <br /> THE FEE REASONABLY ASCRIBED BY <br /> SUNGARD PUBLIC SECTOR) FOR THE �7, Enfire Aareement. This Agreement contains <br /> COMPONENT SYSTEM OR SERVICES GIVtNG fhe entire understanding of the par�ies with <br /> RISE TO 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 parties about its <br /> REGARDLESS WHETMER ANY REMEDY SET subject matter. Any purchase order or similar <br /> FORTH HEREIN FAILS OF t'TS ESSENTIAL document which may be issued by Customer in <br /> PURPOSE OR OTHERWISE, .IN NO EVENT connecfion with this Agreement does not modify <br /> - WILL SUNGARD PUBLIC SECTOR BE LIABLE this Agreement. No modification of this <br /> � TO CUSTOMER FOR ANY SPECIAL, Agreement will be effective unless it is in writing, is <br /> � INCIDENTAL, OR CONSEQUENTIAL signed by each party, and expressiy provides that <br /> DAMAGES,WMETHER BASED ON BREACH OF it amends this Agreement. <br /> � <br /> �� <br /> Page 7 of 26 <br /> SPS License 7l112010 <br />