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eov 23 PAff 859
<br />7. Disclaimers; Limitations
<br />a. Disclaimer EXCEPT AS EXPRESSLY PROVIDED 1N SECTION 7 ABOVE,
<br />TMA HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
<br />EXPRESS AND IMPLIED, AS TO TMA'S SERVICES, INCLUDING THE
<br />IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
<br />PARTICULAR PURPOSE, AND NON- INFRNGEMENT.
<br />b. Limitation of Liability TMA will not be liable for any incidental or consequential
<br />damages arising out of or relating to this Agreement, or a breach of this Agreement,
<br />even if TMA was advised of the possibility of such damages and whether or not such
<br />damages arise in contract, tort, or other theory of liability. TMA's liability under any
<br />this Agreement will not exceed the aggregate amount COUNTY has paid TbLA
<br />pursuant to this Agreement, regardless of the theory of recovery.
<br />8. Content of Information
<br />a. Pass- tbrough Role COUNTY acknowledges and agrees that TMA's role through
<br />providing TAXscribe.com is as a transfer of data and a service to both the
<br />TAXPAYER and the COUNTY. TMA in no way provides a review of or
<br />recommendations on the content of that information. TMA will correct any errors
<br />that are due to system flaws, bugs, or other like technical difficulties wh ch are of no
<br />fault of the TAXPAYER or the COL NTY.
<br />b. Indemnity COUNTY will indemnify and hold harmless, and at TMA's election
<br />defend, TMA and its affiliates and their respective directors, officers, shareholders,
<br />managers, employees, and agents from and against all loss, liability, claim, damage,
<br />and expense (including costs of investigation and defense and reasonable attorneys'
<br />fees and expenses), whether or not involving a third -party claim, arising out of or
<br />related to any of the following: (i) any breach of this Agreement by COUNTY, (ii) '
<br />the failure by a TAXPAYER to provide accurate or complete information or tax
<br />records to TMA or the COUNTY and any modifications to such information, (iii) the
<br />failure by a TAXPAYER to comply with any applicable local, state, federal, or other
<br />law related to property taxes, including the failure to file required listings, statements,
<br />returns, and other filings on a timely basis or the failure to pay all required taxes on a
<br />timely basis, and (iv) any local, state, federal, or other taxes (including property
<br />taxes) arising from or related to any listings, statements, returns, or other filings made
<br />by a TAXPAYER via Taxscribe.com or any bills, appeals, assessments, or
<br />reassessments arising from or related to such filings.
<br />9. Availability of Resources Except as provided below, it will be the responsibility of TMA to
<br />maintain TANscribe.com and informentmal.com on TMA owned and managed server resources,
<br />provide intemet connectivity to those servers, and consistent availability of these sites to the general
<br />public. The COUNTY does not have any responsibility for providing server resources, software
<br />assistance, or other availability resources for the use of the site beyond providing technical assistance on
<br />the native software formats used by the COUNTY in relation to the service level agreements. TMA will
<br />use commercially reasonable efforts and methods to ensure availability of these website resources, but
<br />cannot control acts of God, power interruptions, or other catastrophic events which may impact
<br />availability, and COUNTY uncicrstands and agrees that there may be instances where TMA needs to
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