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the false certification. The Contractor shall have ninety (90) days following receipt of the notice <br />to respond in writing and demonstrate that the determination was in error. If the Contractor does <br />not demonstrate that the City's determination of false certification was made in error, then the City <br />shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute <br />Section 215.4725. <br />XVIII. Miscellaneous. <br />A. Limitation of Liability. IN NO EVENT SHALL VIGILANT SOLUTIONS BE <br />LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES <br />INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFIT, ARISING OUT OF OR <br />CONNECTED WITH THE USE OF THE SOFTWARE PRODUCTS, WHETHER BASED ON <br />CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF <br />VIGILANT SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN <br />NO EVENT WILL VIGILANT SOLUTIONS' LIABILITY ARISING OUT OF OR RELATED <br />TO USE OF THE SOFTWARE PRODUCTS EXCEED THE FEES PAID BY AFFILIATE TO <br />VIGILANT SOLUTIONS FOR THE SOFTWARE PRODUCTS LICENSED UNDER THIS <br />AGREEMENT. <br />B. Vigilant acknowledges that the Florida Doctrine of Sovereign Immunity bars all <br />claims by Vigilant against the City other than claims arising out of this Agreement. Specifically, <br />Vigilant acknowledges that it cannot and will not assert any claims precluded by Florida Statutes <br />768.28 against the City, unless the claim is based upon a breach by the City of this Agreement. <br />Vigilant acknowledges that this Agreement in no way estops or affects the City's exercise of its <br />regulatory authority. In addition, the City retains the full extent of its sovereign immunity in <br />relation to the exercise of it regulatory authority. Vigilant acknowledges that it has no right and <br />will not make claim based upon any of the following to the extent not permissible by law: <br />a. Claims based upon any alleged breach by the City of implied warranties or <br />representation not specifically set forth in this Agreement, as the parties stipulate <br />that there are no such implied warranties or representations of the City. All <br />obligations of the City are only as set forth in this Agreement; <br />b. Claims based upon negligence or any tort arising out of this Agreement; <br />c. Claims upon alleged acts or inaction by the City, its Commissioners, attorneys, <br />administrators, consultants, agents, or any City employee; <br />d. Claims based upon an alleged waiver of any of the terms of this Agreement unless <br />such waiver is in writing and signed by an authorized representative for the City <br />and Vigilant. <br />Vigilant solutions Enterprise License Agreement Parc 15 <br />