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6.3 Termination of Confidentiality Obli atm. The obligations of this Section 6 shall terminate with respect to any particulaz portion of the Confidential Information when receiving party can prove by appropriate documentation that such Confidential Information (a) was previously known to the receiving party as shown by the receiving party's files at the time of disclosure thereof, (b) was already in the public domain at the time of the disclosure thereof, or (c) entered the public domain through no action of the receiving party subsequent to the time of the disclosure thereof. 7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABII,TTY. 7.1 Disclaimer of Warranty. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES REGARDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7.2 Limitation of Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNTTT~E, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WTTHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, REGARDLESS OF WHETHER THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. TERM AND TERMINATION. 8.1 Tenm. The term of this Agreement shall commence on the date hereof and shall continue in full force and effect for one (1) yeaz after the date hereof. This Agreement shall be renewable for an additional two (2) terms of one (1) yeaz each, upon written notice from the City. 8.2 Termination. This Agreement may be terminated, in whole or in part, pursuant to the following terms and conditions: (a) by mutual written consent of the parties hereto; (b) by either party if there has been a material default or breach on the part of the other party in any of its representations, warranties, covenants or obligations contained in this Agreement and such default or breach is not cured within ninety (90) days following written notice from the non-breaching party; 8.3 Obligations Upon Termination. Upon any termination of this Agreement, the following shall apply: (a) The parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. (b) The provisions of Articles 6 and 7 hereof (together with all other provisions that reasonably may be interpreted as surviving termination of this Agreement) shall survive termination of this Agreement and continue in full force and effect. (c) Except as provided in Article 8 hereof, no party shall have any liability 5 Version 3.9