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Software License Agreement & First Addendum to Agreement - The Housing Partnership Network Inc - HUD Client Management System
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Software License Agreement & First Addendum to Agreement - The Housing Partnership Network Inc - HUD Client Management System
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4/7/2025 9:06:02 AM
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6/25/2019 3:30:01 PM
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Board of Public Works
Document Type
Contracts
Document Date
6/25/2019
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termination or expiration of this Agreement for as long as such Confidential <br />Information remains subject to trade secret protection under applicable law. <br />2. Section 10 of the Agreement is deleted in its entirety and replaced with the <br />following: <br />Limitations of LiabilWITH THE EXCEPTION OF THE <br />INTENTIONAL OR NEGLIGENT ACTS OR OMISSONS OF LICENSOR, <br />LICENSOR SHALL NOT BE LIABLE UNDER OR IN CONNECTION <br />WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE <br />THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING <br />NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) <br />CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, <br />SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED <br />COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, <br />PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL <br />OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, <br />INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR <br />BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF <br />REPLACEMENT GOODS OR SERVICES, IN EACH CASE <br />REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE <br />POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES <br />OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT <br />WILL LICENSOR'S AGGREGATE LIABILITY ARISING OUT OF OR <br />RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR <br />EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT <br />(INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE <br />EXCEED ONE TIME THE TOTAL AMOUNTS PAID TO LICENSOR <br />UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD <br />PRECEDING THE EVENT GIVING RISE TO THE CLAIM. <br />3. Capitalized terms used in this Addendum will have the meanings set forth in the <br />Agreement unless otherwise stated herein. <br />4. The parties agree that all other terms and conditions as set forth in the Agreement <br />shall remain in full force and effect. <br />Signature Page Follows <br />
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