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Vendor. As part of the evaluation process, TriTech will share with the Client non-proprietary
<br />information related to the diagnosis such as error messages, database trace information and other
<br />information that led TriTech to diagnose the Third Party Item as the likely cause and which may
<br />aid the Client in seeking a resolution from the applicable manufacturer or Vendor. For issues
<br />involving Windows O/S software (Microsoft) that generally affects the operation of the TriTech
<br />Software and is not caused by a Client specific installation or configuration of the O/S, TriTech
<br />will work with Microsoft to coordinate the resolution. Notwithstanding the above, TriTech is not
<br />and shall not be a party to such third party maintenance agreements nor shall TriTech have any
<br />obligation or liability thereunder.
<br />9.0 LIMITATION OF LIABILITY
<br />9.1 The total liability of TriTech for any claim or damage arising under this
<br />Addendum or renewals thereof, whether in contract, tort, by way of indemnification or under
<br />statute shall be limited to (i) direct damages which shall not exceed the Software Support fees
<br />paid under this Addendum by Client to TriTech for the twelve (1.2) month term during which the
<br />cause of action for such claim or damage arose or (ii) in the case of bodily injury or property
<br />damage for which defense and indemnity coverage is provided by TriTech's insurance carrier(s),
<br />the coverage limits of such insurance.
<br />9.2 IN NO EVENT SHALL TRITECH BE LIABLE, WHETHER IN
<br />CONTRACT OR IN TORT, FOR LOST PROFITS, LOST SAVINGS, LOST DATA, OR
<br />ANY OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF
<br />THE USE OR NON-USE OF THE TRITECH SOFTWARE, OR OTHERWISE
<br />RELATED TO THIS ADDENDUM, REGARDLESS OF WHETHER TRITECH HAD
<br />KNOWLEDGE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
<br />10.0 SEVERABILITY
<br />101 If any term, clause, sentence, paragraph, article, subsection, section, provision,
<br />condition or covenant of this Addendum is held to be invalid or unenforceable, for any reason, it
<br />shall not affect, impair, invalidate or nullify the remainder of this Addendum, but the effect thereof
<br />shrill be confined to the term, clause, sentence, paragraph, article, subsection, section, provision,
<br />condition or covenant of this Addendurn so adjudged to be invalid or unenforceable.
<br />1,1.0 FORCE MAJEURE/EXCUSABLE DELAY
<br />11.1 Neither party shall be responsible for failure to fulfill its obligations hereunder or
<br />liable for damages resulting from delay in performance as a result of war, fire, strike, riot or
<br />insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or
<br />partial shutdown of plant, unavailability of Equipment or software from suppliers, default of a
<br />subcontractor or vendor to the patty if such default arises out of causes beyond the reasonable
<br />control of such subcontractor or vendor, the acts or omissions of the other party, or its officers,
<br />directors, employees, agents, contractors, or elected officials, and/or other occurrences beyond
<br />the party's reasonable control ("Fx,cusable Delay" hereunder). In the event of such Excusable
<br />Santa Ana System Purchase and Support Agreement — Addendum E
<br />Copyright c0 2015 TriTech Software Systems
<br />Unpublished: Rights reserved under the copyright laws of the United States
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