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61 CONTRACT TO THE CITY OF SAN MARCOS - QT- 2901/3 <br />IN ANY EVENT, NEW DAWN'S MAXIMUM LIABILITY HEREUNDER WILL BE ONE OF THE <br />FOLLOWING; <br />A) IF THE CLAIM ARISES BEFORE SYSTEM GO -LIVE, THE AMOUNT ACTUALLY COLLECTED FROM <br />CUSTOMER OR, <br />B) IF THE CLAIM ARISES AFTER SYSTEM GO -LIVE, THE AMOUNT ACTUALLY COLLECTED DURING <br />THE MOST RECENT NINETY (go) DAY PERIOD OF THIS AGREEMENT OR $1,000.00, WHICHEVER IS <br />GREATER; UNLESS IT IS FINALLY DETERMINED BY A COURT OF COMPETENT JURISDICTION THAT <br />THE CONDUCT GIVING RISE TO THE CLAIM CONSTITUTED GROSS NEGLIGENCE OR INTENTIONAL <br />MISCONDUCT ON THE PART OF NEW DAWN, IN WHICH CASE NEW DAWN'S MAXIMUM LIABILITY <br />HEREUNDER WILL BE THE AMOUNT ACTUALLY COLLECTED FROM CUSTOMER DURING THE MOST <br />RECENT NINETY (go) DAY PERIOD OF THIS AGREEMENT OR $1o,000 WHICHEVER IS GREATER <br />14. General <br />No joint venture, partnership, employment, or agency relationship exists between Customer and New Dawn as <br />a result of this Agreement or the Customer's use of the hosting service. The failure of New Dawn to enforce any <br />right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged <br />and agreed to by New Dawn. <br />15. Confidential <br />Customer agrees that the pricing and terms of this Agreement are confidential in nature and will not be posted <br />on Customer public website unless required by the City of San Marcos. New Dawn acknowledges that the <br />information is obtainable via standard public information request. <br />16. Pricing and Rates <br />Customer agrees that pricing and rates provided are exclusively for this Agreement and are not applicable to <br />future agreements unless expressly stated. <br />17. Agreement Deviations <br />Any deviations from New Dawn's Terms and Conditions, Payment Terms, agreements or attached Appendices <br />may affect pricing of all products and services. <br />i8. Injunctive Relief <br />It is agreed that the rights and benefits of each of the parties pursuant to this Agreement are unique and that <br />no adequate remedy exists at law if either of the parties fail to perform, or breach, any of their obligations <br />hereunder, that it would be difficult to determine the amount of damages resulting there from, and that such <br />breach would cause irreparable injury to the non - breaching party. Therefore, the non - breaching party will be <br />entitled to injunctive relief to prevent or restrain any breach of this Agreement. <br />19. Currency <br />_, ALNewDawn <br />