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the raise certification. The Contractor shall have ninety (90) days following receipt of the notice <br />to respond in writing and demonstrate that the determination was in ermr. If the Contractor does <br />not demonstrate that the City's determination of false certification was made in error, then the City <br />shatI have the right to terntinate the contract and seals civil remedies pursuant to Florida Statute <br />Section 215.4725. <br />XVIII. Miacelhuteouth <br />A. Limitation of Liability. IN NO EVENT SHALL VIGILANT SOLUTIONS BE <br />LIABLE FOR ANY INDMECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES <br />INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFIT, ARISING OUT OF OR <br />CONNECTED WITH THE USE OF THE SOFTWARE PRODUCTS, WHETHER BASED ON <br />CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF <br />VIGILANT SOLUTIOM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN <br />NO EVENT WILL VICULANT SOLUTIONS' LIABILITY ARISING OUT OF OR RELATED <br />TO USE OF THE SOFTWARE PRODUCTS EXCEED THE FEES PAID BY AFFILIATE TO <br />VIGILANT SOLUTIONS FOR THE SOFTWARE PRODUCTS LICENSED UNDER THIS <br />AGREEMENT. <br />B, Vigilant acknowledges that the Florida Doctrine of Sovereign Immunity bars all <br />claims by Vigilant against the City other than claims arising out of this Agreement. Speeiiically, <br />Vigilant acknowledges that it cannot and will not assert any claims precluded by Florida: Statutes <br />769.29 against the City, unless the claim is based upon a breach by the City of this Agreement. <br />Vigilant aekuowledges that this Agreement in no way estops or affects the City's exercise of its <br />regulatory authority. In addition, the City retains the full extent of its sovereign immunity in <br />relation to the exercise of it regulatory authority. Vigilant acknowledges that it has no right and <br />will not make claim based upon arty of the following to the extent not permissible by law: <br />a. Claims based upon any alleged breach by the City of implied warranties or <br />representation not specifically set forth, in this Agreement, as the patties stipulate <br />that there are no such implied warranties or representations of the City. All <br />obligations of the City are only as set forth in this Agreement; <br />b. Claims based upon negligence or any tort arising out of this Agreement; <br />e. Claims upon alleged acts or inaction by the City, its Commissioners, attorneys, <br />administrators, consultants, agents, or any City employee; <br />d Claims based upon an alleged waiver of any of the terms of this Agreement unless <br />such waiver is in writing and signed by an authorized representative for the City <br />and Vigilant. <br />Viyaim Sdigius Entarydw ria wwe Apr mmt . Page IS <br />