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7.1. Disclaimer of Warranty. <br /> EXCEPT AS SPECIFICALLY PROVIDED HEREIN, BI EXCLUDES THE WARRANTIES OF <br /> MERCHANTABILITY AND FITNESS OF THE SERVICE OR EQUIPMENT FOR A <br /> PARTICULAR PURPOSE. BI EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE <br /> SERVICE OR EQUIPMENT IS IMPERVIOUS TO TAMPERING. BI EXPRESSLY DISCLAIMS <br /> ANY WARRANTY THAT THE SERVICE OR EQUIPMENT IS COMPLETE, ACCURATE, <br /> RELIABLE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL <br /> COMPONENTS, THAT THE PRODUCTS AND SERVICES WILL BE CONTINUOUSLY <br /> AVAILABLE, OR THAT DATA ENTERED ARE SECURE FROM UNAUTHORIZED ACCESS. <br /> THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, <br /> EXPRESSED OR IMPLIED. <br /> 7.2. Damages. <br /> IN NO EVENT WILL BI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR <br /> CONSEQUENTIAL DAMAGES, EVEN IF BI HAS KNOWLEDGE OF THE POSSIBILITY OF <br /> THE POTENTIAL LOSS OR DAMAGE, IN CONNECTION WITH OR ARISING OUT OF THE <br /> PROVIDING, PERFORMANCE, OR USE OF THE SERVICE OR EQUIPMENT PROVIDED <br /> UNDER THIS AGREEMENT. <br /> • <br /> 7.3. Acts. <br /> IN NO EVENT DOES BI ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ACTS THAT <br /> MAY BE COMMITTED BY PERSONS AND/OR CLIENTS THAT ARE SUBJECT TO <br /> AGENCY'S ELECTRONIC MONITORING PROGRAM. <br /> 8. INDEMNIFICATION COVENANTS <br /> 8.1. General. <br /> Bi will indemnify Agency from and against all liability resulting from the negligence or willful <br /> misconduct of BI, its employees and agents in the providing of the services set forth herein. <br /> Agency will indemnify BI from and against all liability resulting from the negligence or willful <br /> misconduct of Agency, its employees and agents in the operation and use of the services as set <br /> forth herein. <br /> 8.2. Acts. <br /> Because Bl does not approve those persons and/or Clients subject to Agency's electronic <br /> monitoring program, Agency agrees to indemnify BI from and against all liability resulting from <br /> the acts committed by those persons subject to its electronic monitoring program, <br /> 8.3. Liability. <br /> As used herein in this Section 8, the term "liability"• includes but is not limited to legal fees and <br /> expenses, penalties and interest. <br /> 8.4. Survival. <br /> This indemnification provision shall remain in effect even if Agency has made full payment <br /> under this Agreement or this Agreement is terminated. <br /> 9. OWNERSHIP—CONFIDENTIALITY/NONDISCLOSURE OBLIGATIONS. <br /> 9.1 BI shell retain all ownership interests in all parts of the ExacuTrack System. All <br /> rights owned by Bl that are not granted by this Agreement, including the right to <br /> derivative works, are reserved to 61. The Licensed Software, Documentation, <br /> GPSEverett,city of,WAN 4 <br /> 58 <br />