18.
14.
Page 24 of 24
performed or to be performed hereunder or relating In any way thereto shall be brought in the New Hampshire
Superior Court for the Southern District of Hillsborough County or in the New Hampshire 9" Circuit Court situate in
Nashue, New Hampshire and not elsewhere:
WARRANTIES IDC warrants that it will perform maintenance services in accordance with the terms and
conditions of this Amendment. IDC MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT BY WAY OF LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT WITH
RESPECT TO THE SERVICES, TECHNICAL INFORMATION OR TECHNICAL ASSISTANCE PROVIDED BY
IDC PURSUANT TO THIS AGREEMENT.
LIMITATION OF REMEDIES IDC's entire liability for breach of the maintenance obligations described herein for
any cause or action whatsoever and, regardiess of the form of action (inc! uding negligence) shall be limitedto the
Client's actual direct damages not to exceed the Maintenance Charges paid under ihe Agreement during the
immediately preceding twelve (12) month period. IN NO EVENT SHALL IDC, {TS OFFICERS, AGENTS AND
EMPLOYEES BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY OF
TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal: by their duly authorized
representatives as-of the day and year first written below
Interware Development Company, inc, ‘The City of Nashua .
By: ts Lyyial Let f~ Se Eo By:
Name: SandraJ Rowe ~ Name:
Title: President Title:
Date. @- ff 7 Date:
