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<br />Non-Professional Services Agreement between August 15, 2023 <br />City of San Leandro and Cummins Inc., dba Cummins Sale and <br />Service Page 16 of 17 <br />EXPRESSLY EXCLUDED. THE REMEDY PROVIDED THEREIN SHALL BE THE SOLE <br />AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. <br /> <br />10.14 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER <br />PARTY SHALL BE LIABLE HEREUNDER FOR CONSEQUENTIAL, SPECIAL, INDIRECT, <br />INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS OR <br />SAVINGS, LOSS OF USE, LOSS OF DATA, OR DOWNTIME) EVEN IF IT HAS BEEN <br />ADVISED OF THEIR POSSIBLE EXISTENCE, EXCEPT THAT THE FOREGOING SHALL <br />NOT RESTRICT A PARTY’S ABILITY TO RECOVER DIRECT DAMAGES FOR BREACH <br />OF THIS PURCHASE ORDER. NOTWITHSTANDING ANY OTHER PROVISION OF THIS <br />PURCHASE ORDER, IN NO EVENT SHALL CONTRACTOR’S TOTAL AND <br />CUMULATIVE LIABILITY EXCEED TWO MILLION DOLLARS ($2,000,000.00). <br />NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR DEATH OR <br />PERSONAL INJURY CAUSED BY A PARTY’S GROSS NEGLIGENCE OR WILLFUL <br />MISCONDUCT. <br /> <br />SIGNATURES ON FOLLOWING PAGE <br /> <br />DocuSign Envelope ID: 8D360211-6736-45CF-8935-3AF61A795DE1