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• <br /> (c) CUSTOMER represents and warrants to CJS that CUSTOMER has the right to use <br /> and furnish to CJS for CJS's use in connection with this Agreement any information, <br /> specifications,data or Intellectual Property that CUSTOMER has provided or will <br /> provide to CJS in order for CJS to perform the Services and to create the Deliverables <br /> identified in Exhibit A. <br /> 12. Limitation of Liability <br /> (a) CUSTOMER hereby agrees that CJS's total liability to CUSTOMER for any and all <br /> liabilities,claims or damages arising out of or relating to this Agreement,howsoever <br /> caused and regardless of the legal theory asserted, including breach of contract or <br /> warranty,tort, strict liability, statutory liability or otherwise, shall not, in the <br /> aggregate, exceed fees paid to CJS during the previous 12-month period. The parties <br /> acknowledge and agree to the foregoing liability risk allocation.Any claim by <br /> CUSTOMER against CJS relating to this Agreement must be made in writing and <br /> presented to CJS within six(6)months after the date on which this Agreement <br /> expires or is otherwise terminated. <br /> (b) In no event shall either CJS or CUSTOMER be liable to the other for any punitive, <br /> exemplary, special, indirect, incidental or consequential damages(including,but not <br /> limited to, lost profits, lost business opportunities, loss of use or equipment down <br /> time, and loss of or corruption of data)arising out of or relating to this Agreement, <br /> regardless of the legal theory under which such damages are sought,and even if the <br /> parties have been advised of the possibility of such damages or loss,and <br /> notwithstanding any failure of essential purpose of any limited remedy. <br /> 13. Notices <br /> Any communication or notice permitted under the terms of this Agreement or required by <br /> law must be in writing, and will be deemed given and effective: (i)when delivered <br /> personally with proof of receipt, (ii)when sent by e-mail, (iii)when delivered by overnight <br /> express, or(iv)three(3)days after the postmark date when mailed by certified or registered <br /> mail, postage prepaid,return receipt requested and addressed to a party at its address for <br /> notices. Each party's address for notices is stated below. Such address may be changed by a <br /> notice delivered to the other party in accordance with the provisions of this Section. <br /> Customer CourtView Justice Solutions Inc. <br /> City of Everett Jeffrey Harmon <br /> IT Director General Manager <br /> 2930 Wetmore Avenue, Suite 6A 4825 Higbee Ave NW <br /> Everett,WA 98201 Canton,OH 44718 <br /> Tel.No. Tel.No. (330)470-4280 <br /> Copy to: Copy to: <br /> ITNotices@everettwa.gov CourtView Justice Solutions Inc. <br /> Director of Contracts <br /> 4825 Higbee Ave NW <br /> Canton,OH 44718 <br /> December 2015 5 of 14 <br />