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ATTACHMENT 2 SECTION H—INDEMNIFICATION,LIMITATION OF LIABILITY AND INSURANCE 1. Intellectual Property Infringement Indemnification. 1.1 We will defend you against any third party claim(s)that the Tyler Software infringes that third party's patent, copyright,or trademark,or misappropriates its trade secrets,and will pay the amount of any resulting adverse final judgment(or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance,cooperation, and information in defending the claim at our expense. 1.2 Our obligations under this Section H(1)will not apply to the extent the claim or adverse final judgment is based on your: (a) use of a previous version of the Tyler Software and the claim would have been avoided had you installed and used the current version of the Tyler Software; (b)combining the Tyler Software with any product or device not provided, contemplated, or approved by us;(c)altering or modifying the Tyler Software, including any modification by third parties at your direction or otherwise permitted by you; (d) use of the Tyler Software in contradiction of this Tyler Agreement, including with non-licensed third parties;or(e)willful infringement, including use of the Tyler Software after we notify you to discontinue use due to such a claim. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software,we may,at our expense and without obligation to do so,either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing;or(c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. 1.4 If,as a result of an infringement or misappropriation claim,your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment(or settlement to which we consent), we will,at our option,either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; (c) replace it with a functional equivalent; or(d)terminate your license and refund the license fees paid for the infringing Tyler Software. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims. 2. Property Damage and Personal Injury Indemnification. 2.1 We will indemnify and hold harmless you and your agents,officials,and employees from and against any and all direct claims, losses, liabilities,damages,costs, and expenses (including reasonable attorney's fees and costs)for personal injury or property damage to the extent caused by our negligence or willful misconduct. 2.2 To the extent permitted by applicable law,you will indemnify and hold harmless us and our agents, officials,and employees from and against any and all direct claims, losses, liabilities,damages,costs, and expenses(including reasonable attorney's fees and costs)for personal injury or property damage to the extent caused by your negligence or willful misconduct. 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS TYLER AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS,WHETHER EXPRESS, IMPLIED,OR STATUTORY,INCLUDING,BUT NOT tyler 6