FAAC, INC 3 -2002 - Laserfiche WebLink

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FAAC -~ ~~-~~- i-----INCO;~ORA TED Full Service Extended Warranty Agreement 21. LIMITATIONS OF REMEDIES The sole remedies for FAAC's liability of any kind with respect to service provided hereunder and any other performance or action by F AAC under or pursuant to this agreement shall be limited as follows: a. In no event shall FAAC's liability to tbe customer for damages of any nature exceed the total charges paid or payable for services during one (1) year under tbis agreement. b. The customer agrees tbat F AAC shall not be liable for any special, incidental, indirect or consequential damages or for the loss of profit, revenue, loss of use, or data, even if F AAC shall have been advised ofthe possibility of such potential loss or damage. No action arising out of the performance ofthis agreement may be brought by either party more than one (1) year after tbe cause of action arises, except that an action for non-payment may be brought within two (2) years of the date of the last payment made hereunder. 22. CONTRAVENING LAW Should any term or provision contained in this contract contravene or be invalid under applicable law, this contract shall not fall by reason thereof but shall be construed in the same manner as if such provision were deleted. 23. GOVERNING LAW This Agreement has been executed and delivered in the State of California and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, or in connection with or by reason of this Agreement. 24. WORKERS COMPENSATION INSURANCE FAAC warrants that it maintains the required Workers Compensation Insurance required by law. Revised 09/16/02 8