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19.2 LIMITATION ON LIABILITY <br /> A. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE <br /> LIABLE FOR, AND THE BUSINESS ACCOUNT HOLDS EACH AGENCY <br /> HARMLESS FROM, ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED <br /> TO: <br /> 1. ANY RELIANCE PLACED BY THE BUSINESS ACCOUNT ON THE <br /> COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION <br /> PROVIDED TO THE BUSINESS ACCOUNT BY OR THROUGH THE ORCA <br /> SERVICES; <br /> 2. ANY CHANGES TO THE ORCA SERVICES OR THE TEMPORARY OR <br /> PERMANENT CESSATION OF ANY SUCH SERVICES (OR FEATURES <br /> WITHIN A SERVICE); <br /> 3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE,ANY <br /> INFORMATION MADE AVAILABLE TO THE BUSINESS ACCOUNT, OR <br /> GENERATED BY THE USE OF THE ORCA SERVICES UNDER THIS <br /> AGREEMENT INCLUDING, BUT NOT LIMITED TO,THE USE OF THE ORCA <br /> BUSINESS CARDS ISSUED UNDER THIS AGREEMENT; <br /> 4. THE BUSINESS ACCOUNT'S FAILURE TO PROVIDE THE LEAD AGENCY <br /> WITH ACCURATE ACCOUNT INFORMATION;AND <br /> 5. THE BUSINESS ACCOUNT'S FAILURE TO KEEP PASSWORD AND <br /> ACCOUNT INFORMATION SECURE AND CONFIDENTIAL. <br /> B. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE <br /> LIABLE FOR, AND THE BUSINESS.ACCOUNT HOLDS EACH OF THE AGENCIES <br /> HARMLESS FROM, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, <br /> OR EXEMPLARY DAMAGES INCURRED BY THE BUSINESS ACCOUNT UNDER <br /> ANY THEORY OF LIAIBILITY, INCLUDING BUT NOT LIMITED TO LOSS OF USE, <br /> LOSS OF TIME, LOSS OF PROFITS, LOSS OF PRIVACY, LOSS OF DATA, LOSS <br /> OF GOODWILL OR BUSINESS REPUTATION , WHEN SUCH DAMAGES ARISE <br /> OUT OF, OR ARE RELATED TO,THIS AGREEMENT OR THE ORCA SERVICES, <br /> WHETHER OR NOT ONE OR MORE AGENCIES HAS BEEN ADVISED OF, OR <br /> SHOULD HAVE BEEN AWARE OF,THE POSSIBILITY OF ANY SUCH DAMAGES <br /> ARISING. <br /> C. To the extent one or more of the Agencies incurs any liability for a breach of this <br /> Agreement, or any duty related to the ORCA Services, and such liability that is not <br /> excluded under the terms of this Agreement, the exclusive, aggregate remedy <br /> against the Lead Agency and each other Agency will be, at the option of the <br /> applicable Agencies: (a) the correction, substitution or replacement of all or part of <br /> the ORCA Services giving rise to the breach, or(b) a refund of the amount paid by <br /> the Business Account for the ORCA Service causing the damage, the amount of <br /> which will not exceed the damages (other than those excluded above)actually <br /> incurred by the Business Account in reasonable reliance. <br /> The damage exclusions and limitations on liability in the Agreement shall apply even if any <br /> remedy fails for its essential purpose. <br /> ORCA Passport Agreement Page 13 of 23 City of Everett BA ID: 1891 <br /> December 1,2010-November 30,2011 <br /> 24 <br />