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does not apply to them, said Agency is responsible for such costs and shall pay same within thirty (30)
<br /> days of the claim's resolution.
<br /> 14.5 Waiver of Consequential and Certain Other Damages. Notwithstanding any provision of this
<br /> Agreement, the Agencies waive all claims against each other (and against each other's officers,
<br /> directors, employees, managers, members, shareholders, parent company, affiliates, contractors (other
<br /> than the SI Contractor), subcontractors, consultants, agents, suppliers and vendors) for any
<br /> consequential, incidental, indirect, special, exemplary or punitive damages (including, but not limited to,
<br /> loss of actual or anticipated profits, revenues or product, loss by reason of shutdown or non-operation;
<br /> increased expense of operation, borrowing or financing; loss of use; or increased cost of capital), and
<br /> regardless of whether any such claim arises out of breach of contract, guarantee or warranty, tort, product
<br /> liability, indemnity, contribution, strict liability or any other legal theory. Any consequential, incidental,
<br /> indirect, special, exemplary or punitive damages incurred by any Agency in relation to a third party shall,
<br /> for all purposes of this Agreement, be deemed consequential, incidental, indirect, special, exemplary or
<br /> punitive damages in relation to any claim brought by an Agency against any other Agency under this
<br /> Agreement. Further, this waiver of consequential, incidental, indirect, special, exemplary or punitive
<br /> damages shall extend to claims against any Agency arising from its role as the ROOT or as a Regional
<br /> Service Provider.
<br /> 14.6 Specific Performance. In the event an Agency fails to perform an obligation under this Agreement,
<br /> the other Agencies or any one of them shall have the right to bring an action for specific performance,
<br /> damages and any other remedies available under this Agreement, at law or in equity.
<br /> 14.7 No Obligation for Other Agency Employees except as Stated. Except for the reimbursement and
<br /> other express obligations under this Agreement, no Agency by reason of this Agreement assumes any
<br /> responsibility for the payment of any compensation, fees, wages, benefits or taxes to or on behalf of any
<br /> other Agency, including its employees, representatives, agents, contractors or suppliers.
<br /> 14.8 Preservation of Rights and Remedies. The Agencies' rights and remedies under this Agreement
<br /> are in addition to any other rights and remedies provided by law.
<br /> 14.9 Survival of Provisions. The provisions of this Section 14.0 shall survive and remain applicable to
<br /> each of the Agencies notwithstanding any termination or expiration of this Agreement and
<br /> notwithstanding an Agency's withdrawal or removal from this Agreement.
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