<br />4. LIMITATION OF COUNTY LIABILITY
<br />The COUNTY'S liability is subject to the following limitations:
<br />
<br />1. The COUNTY does not warranty or guarantee the performance ofthe
<br />main computer system, the telephone lines and/or cabling, or any software
<br />and/or equipment in connection or in association with any or all ofthe
<br />foregoing, nor does the COUNTY warranty or guarantee any
<br />programming utilized in any of the above. Further, the COUNTY shall
<br />have no obligation or liability whatsoever concerning any aspect ofthe
<br />telephone lines, including, without limitation, their installation, de-
<br />installation, repair, operation, malfunctioning, maintenance, or
<br />circumstance regarding injury to person or property and/or signal/data
<br />transmission quality or deficiencies. It is specifically understood by the
<br />USER that changes and adjustments are made in the official records from
<br />time to time which may be in process at any given time; and under the
<br />circumstance, the information received by the USER will be subject to
<br />such changes and adjustments. Accordingly, errors or omissions may
<br />occur in the data received on or through the pertinent equipment utilized
<br />by the USER. Further, the USER specifically understands and agrees that
<br />the service furnished under this Agreement is subject to the temporary or
<br />permanent inability of the COUNTY to furnish either and also is subject to
<br />errors, omissions, damages, reductions, discontinuances, malfunctions,
<br />inoperativeness, scheduled downtime, delays or interruptions which may
<br />be due to anyone or a combination of a wide spectrum of causes. While
<br />the COUNTY shall endeavor in good faith to maintain a high degree of
<br />accuracy and efficiency in the services provided hereunder, the sole and
<br />exclusive remedy for any breach of this Agreement by the COUNTY and
<br />for COUNTY liability of any kind whatsoever, including but not limited to
<br />liability for nonperformance or any deficiencies with respect to said
<br />services or County-owned communications equipment, shall be limited to
<br />diligently restoring the services and/or any deficiency in said service of
<br />County-owned communications equipment as is reasonably possible under
<br />their pertinent circumstances. USER fully understands and agrees that the
<br />COUNTY may change, modify and/or replace said computer system and
<br />any components thereof including, without limitation, any related
<br />equipment, software, wiring and/or cabling, and that, incidental thereto,
<br />any such change, etc. could possibly extinguish or impair the
<br />comparability between USER'S equipment and said computer system,
<br />thus necessitating, perhaps, the replacement of, changes to, and/or
<br />modifications of USER'S equipment to access said computer system; and
<br />that in any such event the COUNTY will in no manner be liable for the
<br />costs and/or damages which are sustained by USER and which are in any
<br />respect, associated, directly or indirectly, with any or all of the foregoing
<br />occurrences but that USER shall bear the full costs thereof. In no event
<br />shall the COUNTY be liable for actual, direct, indirect, special, incidental,
<br />consequential damages (even ifthe COUNTY has been advised of the
<br />possibility of such damage) or loss of profit, loss of business or any other
<br />financial loss or any other damage.
<br />2. Information furnished and to be furnished has been and shall be obtained
<br />from the COUNTY'S records and is believed to be reliable. But the
<br />
|