Laserfiche WebLink
settlement of any Claim, and no party shall have the right enter into any <br /> settlement agreement that materially affects the other party's material rights or <br /> material interests without such party's prior written consent, which consent will <br /> not be unreasonably withheld or delayed. <br /> 8.4. LIMITED LIABILITY. Notwithstanding anything contrary in this Agreement, <br /> neither party shall be liable to the other, by reason of any representation or <br /> express or implied warranty, condition or other term or any duty at common or <br /> civil law, for any special, incidental, indirect, consequential or punitive damages <br /> however caused and on any theory of liability arising out of or relating to this <br /> Agreement, except and only to the extent expressly authorized for in Provision <br /> 11.19 entitled "PREVAILING PARTY" of this Agreement. In the event of any <br /> breach of this Agreement, however, the non - breaching party is entitled to recover <br /> expectation damages from the breaching party, which are defined as the amounts <br /> that non - breaching party would have received under the Agreement had the <br /> breaching party fully performed pursuant to the terms and conditions of this <br /> Agreement. <br /> 9. 1VOTICES. Any notices to be given hereunder shall be in writing, and shall be <br /> deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days <br /> after being mailed first class, certified mail, return receipt requested, postage and <br /> registry fees prepaid, or (c) one Business Day after being delivered to a reputable <br /> overnight courier service, excluding the U.S. Postal Service, prepaid, marked for <br /> next day delivery, if the courier service obtains a signature acknowledging receipt, in <br /> each case addressed or sent to such party as follows: <br /> 9.1. Notices to Redflex: <br /> Redflex Traffic Systems, Inc. <br /> 23751 North 23 Avenue <br /> Phoenix, AZ 85027 <br /> Attention: PROGRAM MANAGEMENT <br /> Facsimile: (623) 207 -2050 <br /> 9.2. Notices to the Customer: <br /> City of San Leandro <br /> 835 East 14 Street, <br /> San Leandro, California 94577 <br /> Attention: Traffic Division <br /> Facsimile: (510)577 -3275 <br /> 14 <br />