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A,
<br /> the comfort of those employees and to reduce their risks of soft tissue injury/illness,and are not intended
<br /> to imply the violation of any codes,laws,or ordinances. Recommendations and Sessions are not
<br /> guaranteed to decrease or prevent injuries/illnesses or exacerbations of injuries/illnesses,nor will the
<br /> advice given in the Sessions apply to all situations applicable to viewers of the films of the Sessions.
<br /> Service Provider does not guarantee any specific results for any individual or individuals,and Service
<br /> Provider shall have no liability for any injury or harm suffered by any participant,except to the extent
<br /> such injury or harm arises out of Service Provider's negligence,intentional misconduct,breach of this
<br /> Agreement or violation of applicable law. Except in cases of Service Provider's negligence,intentional
<br /> misconduct,breach of this Agreement or violation of applicable law,the City will waive any express or
<br /> implied warranty with respect to the services provided in the Sessions to the extent that such warranty is
<br /> violated as a result of the City's use of the films of the Sessions.
<br /> Except in cases of Service Provider's negligence, intentional misconduct, breach of this Agreement or
<br /> violation of applicable law, the City agrees that Service Provider shall not be liable to the City for any
<br /> losses or damages that occur as a result of the City's failure to implement any or all services or that have
<br /> been recommended or proposed by Service Provider. Furthermore, except in cases of Service Provider's
<br /> negligence, intentional misconduct, breach of this Agreement or violation of applicable law, the City
<br /> hereby will waive any express or implied warranty with respect to the services provided hereunder to the
<br /> extent that such warranty is violated as a result of the City's failure to implement such servicesand/or
<br /> changes.
<br /> F. EXCEPT AS EXPRESSLY SET FORTH HEREIN AND TO THE EXTENT PERMITTED BY
<br /> APPLICABLE LAW, ALL PRODUCTS AND SERVICES ARE DELIVERED "AS IS" AND
<br /> SERVICE PROVIDER MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED,
<br /> INCLUDING,WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
<br /> NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT
<br /> EITHER PARTY KNOWS,HAS REASON TO KNOW,HAS BEEN ADVISED,OR IS OTHERWISE
<br /> AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON
<br /> OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING, AND WHETHER
<br /> REGARDING OR RELATING TO PRODUCTS, SERVICES OR ANY OTHER DELIVERABLES
<br /> OR MATERIALS PROVIDED BY EITHER PARTY UNDER THIS AGREEMENT; PROVIDED,
<br /> THIS SECTION 7F WILL NOT LIMIT IN ANY WAY ANY SERVICE PROVIDER LIABILITY
<br /> ARISING OUT OF, IN CONNECTION WITH, OR INCIDENT TO SERVICE PROVIDER'S
<br /> NEGLIGENCE, INTENTIONAL MISCONDUCT, BREACH OF THIS AGREEMENT OR
<br /> VIOLATION OF APPLICABLE LAW.
<br /> G. SERVICE PROVIDER WILL NOT BE LIABLE FOR INCIDENTAL, SPECIAL,PUNITIVE OR
<br /> CONSEQUENTIAL DAMAGES(INCLUDING,WITHOUT LIMITATION,LOST PROFITS OR
<br /> LOST,DATA)ARISING OUT OF THIS AGREEMENT. SERVICE PROVIDER'S ENTIRE
<br /> LIABILITY ARISING FROM THIS AGREEMENT,WHETHER IN CONTRACT OR TORT,WILL
<br /> NOT EXCEED THE TOTAL COMPENSATION PAID BY CITY HEREUNDER.
<br /> NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION 7G,NO
<br /> LIMITATION OF LIABILITY OR OTHER PROVISION CONTAINED IN THIS SECTION 7G
<br /> WILL APPLY TO ANY LIABILITIES OR DAMAGES ARISING OUT OF, IN CONNECTION
<br /> WITH, OR INCIDENT TO SERVICE PROVIDER'S NEGLIGENCE, INTENTIONAL
<br /> MISCONDUCT, BREACH OF THIS AGREEMENT OR VIOLATION OF APPLICABLE LAW.
<br /> 8. Insurance. Service Provider shall procure and keep in force during the term of this Agreement,at
<br /> Service Provider's own cost and expense,automobile liability insurance on all vehicles used by Service
<br /> Provider in the performance of its duties under this Agreement. Proof of such insurance shall be
<br /> provided to the City prior to performing any services hereunder. A statement certifying that no vehicle
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