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5 . RESTRICTIONS ON USE . Licensee shall not use the Technology for any <br /> purpose other than as set forth in this License Agreement and shall not make the Technology <br /> available to anyone else, regardless of whether or not Licensor receives compensation for <br /> such use or availability. The Technology may be used by Licensee solely for the treatment of <br /> stormwater, canal water and reject water from the County ' s reverse osmosis drinking water <br /> plant in Licensee ' s Facility. <br /> 6 . REPRESENTATIONS AND WARRANTIES . <br /> (a) Licensor represents and warrants that it has the full power and right to use and <br /> license others to use the Technology and that it has full right and power to grant the license <br /> granted herein. <br /> (b) Neither party shall be liable for any special, incidental or consequential <br /> damages, including, but not limited to, personal injury, property damage or shutdown or non- <br /> operation of Facility, however caused or under any theory of liability (unless caused in bad <br /> faith), whether based in contract, tort (including negligence), strict liability or other cause and <br /> regardless of whether either party has been advised of the possibility of such damage . Each <br /> party shall be liable for direct damages. Nothing herein shall be construed as a waiver of <br /> Licensee ' s sovereign immunity pursuant to section 768 .28, Florida Statutes . <br /> (c) Licensor represents and warrants that, as of Effective Date, the Licensor is not <br /> aware that Technology infringes any patent of a third party. Further, Licensor represents and <br /> warrants that as of Effective Date that Licensor has not been made aware of any claim by any <br /> third party of an allegation of infringement of a third party patent. <br /> (d) Other than set forth in paragraph 6(c) above, Licensor makes no other <br /> warranties with respect to freedom from alleged infringement of third party patents or <br /> freedom from third party infringers, and Licensor is not under any obligation to hold Licensee <br /> harmless against any claim of an alleged infringement of a third party patent. . <br /> (e) Licensee represents and warrants that, as of Effective Date, Licensee is not <br /> aware of any reason why any of the patents set forth in Exhibit A would not be held to be <br /> valid and enforceable by a U . S . court and that, as of Effective Date, Licensee concludes that <br /> each of the patents set forth in Exhibit A is valid and enforceable . <br /> (f) Licensee warrants to Licensor that Licensee has the authority to enter into this <br /> License Agreement. Licensee represents and warrants that it has obtained any and all <br /> governmental approvals required for the obligations under this License Agreement. Licensor <br /> agrees to use its best efforts to enable Licensee to comply with any funding grant conditions <br /> regarding use of Technology, imposed by any federal and state agency or the regional water <br /> management districts at no cost to Licensee . <br /> 7. TERM. The license granted pursuant to this License Agreement shall be effective <br /> as of the date of execution by both parties and shall remain effective for the life of <br /> the <br /> Facility . <br /> 2 <br />