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expenses, arising out of: (a) any breach or violation by Public Agency 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 /> Public Agency's negligent performance; or(c) any act, activity or omission of Public Agency or any of its <br /> employees, representatives, or agents. Neither Party shall be liable for incidental,special,consequential or <br /> punitive damages. DoIT agrees to reasonably cooperate with Public Agency in the defense of any third party <br /> claim,and agrees that Public Agency will have full control and authority over the defense and any <br /> settlements. <br /> ARTICLE 18— FORCE MAJEURE <br /> 18.1 Notwithstanding anything to the contrary contained in this Agreement neither Party shall be liable <br /> for loss or damage or deemed to be in breach of this Agreement due to such Party's failure or delay of <br /> performance, wholly or in part, under this Agreement if such failure or delay of performance is due to <br /> causes beyond such Party's reasonable control ("Force Majeure Event"), including but not limited to: acts <br /> of God, fire, flood, explosion, storm or other catastrophic event; strikes or work stoppages; lockouts; acts <br /> of any government authority or of any civil or military authority including regulatory mandates; national <br /> emergencies, cable cut(s); sabotage; insurrections; riots; wars; and unforeseen acts of third Parties that <br /> cannot be avoided by acts of due care. Any delay resulting from a Force Majeure Event shall extend <br /> performance accordingly or excuse performance, in whole or in part, as may be reasonable. <br /> ARTICLE 19—MISCELLANEOUS PROVISIONS <br /> 19.1 IP Address Allocation Policy. DoIT shall provide all Internet Protocol ("IP") addresses needed <br /> for Customer and its equipment to use for the sole purpose of using the ICN to access the Internet and <br /> Intranet, provided that DoIT retains sole and absolute administrative control of each IP address provided, <br /> including without limitation, determining system requirements and deployment of each IP address, <br /> monitoring system use, and denying assignment of or revoking assignments of addresses. Use of DoIT <br /> addresses on other provider networks without DoIT written consent is prohibited. <br /> 19.2 SLA Credits. All credits for any type of disruption in services shall be governed by the SLA. <br /> These credits shall be the Customer's sole and exclusive remedy for any disruption or interruption of the <br /> services in this Agreement. The Customer must be in good standing with DoIT and the State of Illinois <br /> with respect to account receivables being current in order to submit a claim for, or receive, any credits. <br /> 19.3 Applicable Law. This Agreement will be governed by the laws of the State of Illinois, without <br /> reference to its choice of law rules. Any claim against the State arising out of this Agreement must be filed <br /> exclusively with the Illinois Court of Claims (705 ILCS 505/1). The State shall not enter into binding <br /> arbitration to resolve any agreement dispute. The State of Illinois does not waive sovereign <br /> immunity by entering into this Agreement. The official text of cited statutes is incorporated by reference (An <br /> unofficial version can be viewed at http://www.ilga.gov/legislation/ilcs/ilcs.asp. In compliance with the Illinois <br /> and federal Constitutions, the Illinois Human Rights Act, the U. S. Civil Rights Act, and Section 504 of the <br /> federal Rehabilitation Act and other applicable laws and rules the State does not unlawfully discriminate in <br /> employment, contracts, or any other activity. <br /> 8 <br />