Disclaimer of Warranties and Limitation of Liability. The County’s goods and services provided pursuant to this Agreement are provided “as is”, without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber’s exclusive remedy and the County’s entire liability hereunder, if any, for any claim(s) for damages relating to the County’s data bases and, or electronic data compilations, which are made against them individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to (1) the Subscriber’s inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; or (2) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s rights hereunder or use of, or inability to use, the County’s data bases and/or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any data base and/or electronic data compilation.
Appears in 4 contracts
Samples: Enhanced Remote Access Agreement, Enhanced Remote Access Agreement, Enhanced Remote Access Agreement
Disclaimer of Warranties and Limitation of Liability. The County’s 's goods and services provided pursuant to this Agreement are provided “as is”, ,” without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber’s 's exclusive remedy and the County’s 's entire liability hereunder, if any, for any claim(s) for damages relating to the County’s 's data bases and, or electronic data compilations, which are made against them them, individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote enhanced access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to (1) 1 the Subscriber’s 's inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; or (2) 2 any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s 's rights hereunder or use of, or inability to use, the County’s 's data bases and/or and, or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any data base and/or and, or electronic data compilation.
Appears in 2 contracts
Samples: Chisago County Remote Access Agreement, Chisago County Remote Access Agreement
Disclaimer of Warranties and Limitation of Liability. The County’s goods and services provided pursuant to this Agreement are provided “as is”, ,” without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber’s exclusive remedy and the County’s entire liability hereunder, if any, for any claim(s) for damages relating to the County’s data bases and, or electronic data compilations, which are made against them them, individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to (1) the Subscriber’s inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; or (2) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s rights hereunder or use of, or inability to use, the County’s data bases and/or and, or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any data base and/or and, or electronic data compilation.
Appears in 1 contract
Samples: Enhanced Remote Access Agreement