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(c) <br /> <br />THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER <br />WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT <br />LIMITED TO IMPLIED WARRANTIES OF MARKETABILITY. <br /> <br />Neither party will be liable for any lost profits, or for any claim or <br />demand against the other party or any third party claiming through the <br />other party, except as specifically set forth herein. Contractor agrees <br />to indemnify and hold harmless the County from and against any loss <br />or claim against the County, its employees or agents, for a payment, <br />claim, or proprietary right infringement as further specified in <br />Attachment B hereto. No action, regardless of form arising out of the <br />transactions under this Agreement may be brought by either party <br />more than 1 year after the cause of action has accrued and is actually <br />known to the injured party, except that an action for non-payment may <br />be brought within 1 year from the date of last payment. <br /> <br />IN NO EVENT WILL EITHER PARTY BE LIABLE FOR <br />CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN <br />ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. <br /> <br />Payment to the Contractor. <br /> <br />(a) Payment for the Project shall be payable as follows: <br /> <br />(i) <br /> <br />Upon delivery and installation of the hardware specified in <br />Attachment A, Contractor shall be entitled to bill County for all <br />hardware costs specified in Attachment A, less retainage as <br />specified in ¶(c)(ii) of this section. <br /> <br />(ii) <br /> <br />Upon completion of Phases One through Seven of the Project, <br />as specified in section 4 of this Agreement, Contractor shall be <br />entitled to bill County for all other costs of the Project Specified <br />on Attachment A, less retainage as specified in ¶(c)(ii) of this <br />section. <br /> <br />Upon final acceptance by the County as specified in section 5 <br />of this Agreement, Contractor shall be entitled to bill County for <br />all retainage amounts. <br /> <br />(iv) <br /> <br />Ongoing maintenance fees and license fees, as specified on <br />Attachment A and Exhibit C of Attachment B, shall be billed <br />monthly to County. <br /> <br />(b) <br /> <br />Contractor may secure payment by submission to, and approval by, <br />the County of the following: <br /> <br /> <br />