Res 1993-224 - Laserfiche WebLink

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I'rc... (2) The System Full Load Response Time and Processing Capacity Examination- Test 4, per Section 8.05 of the RFP, as applied to ten ternúnals being connected to the System. Should the System fail to successfully complete either such test, QIV shall provide the additional equipment at no expense to the Client necessary to pennit the System to successfully complete the test. QIV shall be responsible for all costs related to the shipping, insurance, installation and other costs necessary to bring the equipment into operation, and the new equipment shall become the property of the client and QIV shall surrender title immediately after installati~n and testing. This warranty does not extend to~ changes in the DB Information Systems software which significantly impact the ability 0 e System to meet either or both of these examinations. 2. Except as to QIV's obligations under Paragraph G.l (t) above and Paragraph H.9. below, QIV's liability hereunder, regardless of the form of action, shall not exceed the total amount paid for services, and the recovery of such amount shall be Client's exclusive remedy. QIV shall not be liable in excess of such amount to either Client or to any other party for any claim or cause of action of any nature whatsoever arising directly or indirectly under this Agreement, except as provided above. 3. QIV will exercise its best efforts to supply specified services to Client on a timely basis, but QIV WILL IN NO MANNER BE RESPONSIBLE FOR DAMAGES CAUSED BY DELA YS IN FURNISHING SERVICES TO CLIENT. ~ 4. QIV SHALL NEVER BE LIABLE FOR ANY LOST PROFITS OF CLIENT, FOR ANY LOSS OF BUSINESS OF CLIENT, OR FOR ANY CLAIMS OR DEMANDS AGAINST CLIENT BY ANY THIRD-PARTY EXCEPT UNDER PARAGRAPH H.9 BELOW. 5. Except as provided in Paragraph G.l above, with respect to any services provided by QIV under this Agreement, QIV MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND, IN PARTICULAR, QIV MAKES NO IMPLŒD WARRANT Y OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSES. I 6. IN NO EVENT SHALL QIV BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES EVEN IF QIV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. H.GENERAL 1. The terms and provisions hereof may be modified only by a written document signed by both parties. 2. The term "Agreement" as used herein includes the Client's Request for Proposals dated August 1, 1993 (the "RFP")\any future amendments, modifications, or supplements pertaining hereto. QIV' s Response to the RFP and -4-