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LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTR ACT,NEGLIGENCE,STRICT LIABILITY,OR OTHER THEORY:(A)FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS;(B)FOR ANY INDIRECT,EXEMPL ARY,PUNITIVE,INCIDENTAL,SPECIAL,OR CONSEQUENTIAL DAMAGES;OR (C)FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL,EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 9.2.By Amount.IN NO EVENT SHALL EITHER PARTY’S AGGREGATE,CUMUL ATIVE LIABILITY FOR ANY CL AIMS ARISING OUT OF OR IN ANY WAY REL ATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 9.3.Limitation of Liability Exclusions.The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to,and each party accepts liability to the other for:(a)claims based on either party ’s intentional breach of its obligations set forth in Section 5 (Confidentiality),(b)claims arising out of fraud or willful misconduct by either party and (c)either party ’s infringement of the other party ’s Intellectual Property Rights. 9.4.No Limitation of Liability by Law.Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above,some of the above limitations may not apply to Customer. 10.Miscellaneous 10.1.Logo Use.OpenGov shall have the right to use and display Customer ’s logos and trade names for marketing and promotional purposes in OpenGov ’s website and marketing materials,subject to Customer ’s trademark usage guidelines provided to OpenGov. 10.2.Notice.Ordinary day-to-day operational communications may be conducted by email, live chat or telephone.However,for notices,including legal notices,required by the Agreement (in sections where the word “notice”appears)the parties must communicate more formally in a writing sent via USPS certified mail and via email.OpenGov ’s addresses for notice are:OpenGov,Inc.,6525 Crown Blvd #41340,San Jose,CA 95160, and legal@opengov.com. 10.3.Anti-corruption.Neither OpenGov nor any of its employees or agents has offered or provided any illegal or improper payment,gift,or transfer of value in connection with this Agreement.The parties will promptly notify each other if they become aware of any violation of any applicable anti-corruption laws in connection with this Agreement. 10.4.Injunctive Relief.The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party ’s intellectual property may result in serious and irreparable injur y to the aggrieved party for which damages may not adequately compensate the aggrieved party.The parties agree,therefore,that,in addition to any other remedy that the aggrieved party may have,it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either 7 OpenGov Master Services Agreement Revised June 1,2023 DocuSign Envelope ID: B15D270E-E3B1-4F57-8C92-589FF8DAFA15DocuSign Envelope ID: 2B2F7267-322F-4A10-85EF-ADB56278A499