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Addendum l to Purchase Order No. 00037959-00 (" Purchase Order") � � (o— D <br /> \ between <br /> Indian River County ("County") <br /> and <br /> Siemens Building Technologies, Inc. ("Seller") <br /> Dated : December 1 , 2005 <br /> County and Seller agree to modify the Purchase Order follows, where the terms and conditions of the Purchase Order conflict <br /> with or differ from the terms and conditions of this Addendum the provisions of this Addendum will control, and <br /> notwithstanding anything herein to the contrary, no reference to or incorporation of any contract, specification or document <br /> other than the Purchase Order and this Addendum shall grant rights to or impose any obligations upon either party relative to <br /> warranty, indemnity , insurance, delay, liquidated damages, payment or rights to drawings , computer code or other proprietary <br /> information : <br /> L Section 3. "The Seller hereby agrees to indemnify . . . of any nature whatsoever to the extent arising out et=because-of-er <br /> du -to4.;e-bf^eaethe Agreement by the Seller. . . .or due to any neeliaent act or occurrence of omission or commission of the <br /> Seller . . . .5' <br /> 2. Section 10. " For a period of twelve ( 12 ) months after the earlier of substantial completion of the work or first beneficial <br /> operation or use, the Seller warrants . . . . in addition . All auxiliary equipment not manufactured by Seller carries only such <br /> warranty as given by the manufacturer thereof and which is hereby assigned to County. TIME WARRANTIES FURNISI IED <br /> BY SELLER AS EXPRESSLY INCLUDED HEREIN CONS•rITUTE SELLER' S SOLE OBLIGATION HEREUNDER AND <br /> ARE IN LIEU OF ANY OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING <br /> WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Seller warrants-that- saW <br /> goodsand-serwc-es-arae tStable-furan' will perf ar in accordance with7the purpose Fiat w vicby-are purchased tabric tted, <br /> mann#'aetcared-an l des geed-or-f�esesas-are-exfoesst -sp et <br /> ed in serde The County may . . . :' <br /> 3. Consequential Damages "Anything herein notwithstanding, in no event shall either Customer or SBT be liable to the <br /> other party for special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, <br /> even if either party has been advised of the possibility of such damages and , in any event, SBT' s aggregate liability for any and <br /> all claims, losses or expenses arising out of this agreement, or out of any goods or services furnished tinder this agreement , <br /> whether based in contract, negligence, strict liability, agency, warranty, trespass, indemnity or any other theory of liability, <br /> shall be limited to the lesser of $ 1 ,000,000 or the total compensation received by SBT from Customer under this agreement." <br /> The parties agree that this addendum modifies the Purchase Order between the parties and is incorporated therein by this <br /> reference. <br /> *11 <br /> Contractor. Indian' River 00 ty Pb Subcontrac Si�mens Buil ing Technologies, Inc. <br /> By: ( , ! .¢��� �� �� l <br /> ..- � ROKZOROMsKj <br /> Name: Cha1r71a11 Name: VICE PRESIDENT <br /> FlMAXINESSCE3�AMp! iRA� TO <br /> 'tial <br /> By: C�OUGLAS A. DOTY \ <br /> 00 I r,�,%k 41Name : COUNSEL <br /> SAPPROVED . " <br /> County mistrator <br /> N E LSU FF9Ci iV f APPROVED BY LEGAL <br /> F�SIST"'t4i c t DoL4&s A, Doty <br /> Indian River County Board 674-P-2097 <br />