Res 1998-102 - Laserfiche WebLink

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15. LIMITATIONS OF LIABILITY; INÌ)El\tli~1FICATION 15.1 Participant understands that (a) alternative means of communication are available to Participant; (b) occasional interruption or irregularities in the service may occur; and (c) any potential harm from interruptions or irregularities in the service is speculative in nature. Provider cannot offer the service at rates which reflect its value to each Participant, and Provider assumes no responsibility other than that contained in this Agreement. Accordingly, Participant agrees that except as limited by law Provider' sale liability for loss or damage arising out of mistakes, omissions interruptions, delays, errors, or defects in the service or transmission of service provided by Provider or any carrier, or for losses or damages arising out of the failure of Provider or any carrier to maintain prope:- standards or maintenance and operation shall be a credit for service as set forth in Section 8. 15.2 Provider shall in no event be liable for service or equipment interruptions or delays in transmission, errors or defects in service or equipment when caused by acts of God, fire, war, riots, government authorities, default of supplier or other causes beyo!1d Provider' or any carrier's control. 15.3 Participant acknowledges that the radio service provided hereunder uses radio channels to transmit voice and data communications and that the service may not be completely pri!'ate. Provider is not liable to Participant for any claims, loss, damages or cost which may result from lack of privacy on the system. 15.4 Participant hereby agrees, to the extent permitted by law, to indemnify (:.!1G save Provider harmless against claims for libel, slander, infringement or copyright from the material, in any form, transmitted over the radio system by Participant or those using Participant's equipment; against claims for infringement of patents arising from combining or using apparatus or systems of the Participant with the facilities of Provider or any caITier; and against all other claims arising out of any act or omission of Participant in connection \Vith the facilities or service provided by Provider. 15.5 Provider is not liable for a!1Y damage, accident, injury or the Œœ occasioned by the use of service or the presence of equipment, including 900 MHz radio handsets and other devices, facsimile units, and ancillary equipment of the Party except as provided herein. Provider is not liable for any defacement or damage to Participant's motor vehicle or any personal or real property resulting from the presence of 900 MHz radio and ancillary equipment. 15.6 The liability of Provider in connection with the service provided is subject to the foregoing limitations and Provider makes no warranties of any kind, expressed or implied, as to. the provision of such service. loWER COLORADO RIVER AOTHORITY -9- -