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7.2 VSI warrants that the software shall conform to its published specifications in the Related Materials, <br />including, but not limited to, the Capabilities Summary, On -Line Hel'p, Reports Manual, User Reference <br />Manual, and Training Tutorials. VSIwarrants that the software immerchantable, inthat itwill properly <br />install and operate according tothe specifications herein. <br />7.8 VSI warrants to the Customer that it is solvent, not in bankruptcy proceedings or receivership, nor is it <br />engaged in any proceedings, which would have an adverse effect on its ability to perform its obligations <br />under this Agreement. <br />74 VSI warrants that there has been nVviolation of 'g:hitzmrpatent rightsinnmnnecionwith1he <br />Licensed Software inthis Agreement. VSI shall indemnify and' save harmless the Customer from any suit <br />or proceeding brought against the Customer by reason of any such infringement or any wrongful use. <br />VSI will defend or settle any such claim, although the Customer shall be entitled to be independently <br />represented by counsel ofits own choice. <br />Article 8— Limitation of Liability <br />8.1 Except for the warranties specified in Section 7, VSI grants no warranties, expressed or implied, <br />including, but not limited to any implied warranties of fitness for particular purpose Notwithstanding <br />anything tothe contrary inthis Agreement, itioexpressly agreed that neither VSInor the Customer shall <br />be liable to the other Party for special, incidental, indirect, or consequential damages, or for any loss or <br />claim by either Party. <br />8.2 Liability Insurance. VSI provides the Customer with a Certificate of Liability Insurance with the Customer <br />named asthe Certificate Holder. The standard coverages with limits and imsurer(s)are listed inthe <br />attached Exhibit[. If customer requires insurance coverage beyond the standard limits provided by <br />the VSI Certificate of Insurance, then the customer can either accept the VSI standard coverage acmo <br />additional charge or pay for the additional insurance coverage at VSI cost. <br />83 CyberL|abi|ity Insurance. The Certificate of Liability Insurance, Exhibit C, also includes CyberLiabiAity <br />Insurance with up to $2,000,000 for each occurrence. <br />/\[tiC|e 9— Risk of Loss <br />9.1 Fnr[ustonner hosted installations, the risk of loos or destruction, regardless of the cause shall be the <br />responsibility cfV3 until the Licensed Software and Related Materials have been delivered tothe <br />Customer's premises or downloaded to the Customer's servers, FurVSl hosted installations, VSIvvi|| be <br />responsible for the risk ofloss ordestruction, <br />9.2 For Customer hosted installations, the Customer shall beresponsible for verifying that the Licensed <br />Software and Related Materials have been received, installed onthe designated oompmter(s),and are <br />operational, unless the Agreement specifies that VSIvviU install the Licensed Software as part ofthe on - <br />site training. FurVS{ full hosted installations, VSIwill be responsible for installing the software on either <br />its Eastern or Western data center server, <br />Tdk077-8D3-8757 Page 4uf9 <br />