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CONTROLLED BY ESO, THROUGH ACCIDENT OR FRAUDULENT MEANS OR DEVICES. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY WAS SPECIFICALLY BARGAINED FOR AND IS ACCEPTABLE TO CUSTOMER. FURTHER, EACH PARTY'S WILLINGNESS TO AGREE TO THE LIMITATIONS CONTAINED IN THIS SECTION WAS MATERIAL TO ENTERING INTO THIS AGREEMENT. 13. Acknowledgements and Disclaimer of Warranties. Customer acknowledges that ESO cannot guarantee that there will never be any outages in ESO network and that no credits shall be given in the event Customer's access to ESO's network is interrupted. THE SERVICES ARE PROVIDED"AS IS." UNLESS OTHERWISE SPECIFIED HEREIN. ESO MAKES NO REPRESENTATION OR WARRANTY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY. WHETHER EXPRESS, IMPLIED OR STATUTORY,AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY. COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE. OF ANY SERVICE OR SOFTWARE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER (INCLUDING WITHOUT LIMITATION THAT THERE WILL BE NO IMPAIRMENT OF DATA OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE), ALL OF WHICH WARRANTIES BY ESO ARE HEREBY EXCLUDED AND DISCLAIMED,TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 14. Confidential Information. "Confidential Information"shall mean all information disclosed in writing by one Party to the other Party that is clearly marked"CONFIDENTIAL"or"PROPRIETARY" by the disclosing Party at the time of disclosure or which reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information does not include any information that (i) was already known by the receiving Party free of any obligation to keep it confidential at the time of its disclosure;(ii)becomes publicly known through no wrongful act of the receiving Party;(iii)is rightfully received from a third person without knowledge of any confidential obligation; (iv) is independently acquired or developed without violating any of the obligations under this Agreement;or(v)is approved for release by written authorization of the disclosing Party. A recipient of Confidential Information shall not disclose the information to any person or entity except for the recipients and/or its employees, contractors and consultants who have a need to know such Confidential Information. The recipient may disclose Confidential Information pursuant to a judicial or governmental request,requirement or order;provided that the recipient shall take all reasonable steps to give prior notice to the disclosing Party. Confidential Information shall not be disclosed to any third party without the prior written consent of the owner of the Confidential Information. The recipient shall use Confidential Information only for purposes of this Agreement and shall protect Confidential Information from disclosure using the same degree of care used to protect its own Confidential Information, but in no event less than a reasonable degree of care. Confidential Information shall remain the property of the disclosing Party shall be returned to the disclosing Party or destroyed upon request of the disclosing Party. Because monetary damages may be insufficient in the event of a breach or threatened breach of the foregoing provisions,the affected Party may be entitled to seek an injunction or restraining order in addition to such other rights or remedies as may be available under this Agreement, at law or in equity, including but not limited to monetary damages. ESO will comply with all HIPAA regulations and standards for the protection of Customer data and information. THIS SECTION 14 IS SUBJECT TO THE ADDENDUM REGARDING WASHINGTON STATE TRANSPARENCY LAWS. 15. General Provisions. a. Dispatch Systems. ESO agrees that it has entered into a Subscription Agreement with SNOPAC, a Washington non-profit ;corporation, effectively dated on or about March 3`d, 2010 ("SNOPAC Agreement.") The SNOPAC Agreement, among other things, governs the creation and maintenance of a CAD Interface between ESO, SNOPAC, and SNOPAC's then-current dispatch provider. For the avoidance of doubt, ESO only provides an interface between its Services and the SNOPAC dispatch system,and is not responsible for technical issues or cost related directly to the computer aided dispatch system selected by SNOPAC. b. Force Majeure. Neither Party shall be liable to the other,nor deemed in default under this Agreement if and to the extent that such Party's performance of this Agreement is delayed or prevented by reason of Force Majeure,which is defined to mean an event that is beyond the reasonable control of the affected Party and occurs without such Party's fault or negligence. c. Entire Agreement. This Agreement,including all schedules,exhibits,addenda and any Business Associate Agreement(as that term is used in the Health Insurance Portability and Accountability Act and related regulations)(see Exhibit C)are incorporated herein by reference, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements. proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this agreement shall be effective unless in writing and signed by the Party against whom the modification,amendment or waiver is asserted. d. Governing Law. This Agreement shall be governed by the laws of the State of Washington without regard to choice or conflict of law rules. ESO Solutions,Inc. Subscription Agreement 092214 Page 3 of 13