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6.3. Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS ARTICLE 6, COMPANY <br />MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SYSTEM, THE SERVICES PROVIDED <br />BY COMPANY, OR ANY OTHER MATTER UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION <br />ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON- <br />INFRINGEMENT OR ANY WARRANTIES ARISING FROM TRADE PRACTICE OR COURSE OF DEALING. <br />6.4. Client Warranty. Client hereby represents, warrants and covenants that (i) Client will ensure that its <br />employees use the System for all vehicle tows within the jurisdictions identified in the Subscription Agreement during the <br />term of this Agreement; (ii) all information provided by Client to Company is true and correct in all material respects, and <br />Client will update such information as necessary to cause it to continue to be true and correct in all material respects at all <br />times during the term of this Agreement; (iii) Client's execution of and performance under this Agreement has been <br />authorized by all necessary organizational action and does not conflict with any existing agreement of Client; (iv) Client <br />shall use its best efforts to protect the security of the System and the Transaction Data, to the extent within Client's control; <br />and (v) Client shall maintain the security and confidentiality of log in and passwords and shall be responsible for all activity <br />using log in and passwords assigned to Client. <br />LIMITATION OF LIABILITY. <br />7.1. Limitation of Liability. COMPANY'S LIABILITY FOR DAMAGES, FOR ANY CAUSE <br />WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING <br />NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY CLIENT TO COMPANY. IN NO <br />EVENT WILL COMPANY BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL, <br />INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF CLIENT HAS BEEN ADVISED OF THE <br />POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL HAVE NO LIABILITY TO CLIENT OR ANY THIRD <br />PARTY FOR ANY DAMAGES ARISING OUT OF THE FRAUDULENT OR UNAUTHORIZED CONDUCT OF ANY <br />EMPLOYEE OR AGENT OF CLIENT. <br />INDEMNIFICATION. <br />8.1. Indemnities. <br />8.1.1 Infrig <br />n e merit. Company shall indemnify and hold Client harmless from and against any claims, <br />suits or actions against Client arising out of or resulting from any final judgment that the System infringes any currently <br />existing United States patent or copyright, or misappropriates any trade secret, of any third party. In case any use of the <br />System is finally enjoined, Company shall, at its sole option and expense, in its sole discretion, and as Client's sole remedy, <br />either: (a) secure for Client the right to continue to use the System; (b) replace the System to avoid such infringement, <br />provided that any such substituted or modified system shall perform substantially the same functions as the System and <br />Company's obligations with respect to the System under this Agreement shall apply to any such substituted or modified <br />system or (c) terminate this Agreement and refund to Client any fees paid by Client for tows that have not yet been used. <br />Company shall have no liability for any claim of infringement based on (i) modifications of the System by Client or third <br />parties; or (ii) use of the System other than as allowed under the terms of this Agreement. THE FOREGOING <br />PARAGRAPH STATES THE ENTIRE LIABILITY OF COMPANY AND THE EXCLUSIVE REMEDIES OF CLIENT <br />WITH RESPECT TO INFRINGEMENT OF PROPRIETARY RIGHTS. <br />8.1.2 Use. Client shall defend, indemnify and hold Company harmless from and against any claim, <br />suit or action by any third party against Company relating to, arising out of or resulting from Client's use of the System, <br />Client's violation of applicable law, or any claim by any party receiving services from Client in connection with the <br />System. <br />8.2. Indemnification Procedures. <br />8.2.1 Defense. Promptly after any Party entitled to indemnification under this Article 8 <br />(individually, an "Indemnitee") obtains knowledge of the potential existence or commencement of any third-party claim, <br />suit, or action, in respect of which an Indemnitee is or may be entitled to indemnification under this Agreement (a "Claim"), <br />such Indemnitee shall promptly notify the other party (the "Indemniter") of such Claim in writing setting forth in <br />Schedule C - Santa Ana Tow Operators