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I Parties agree to delete section 12 . 4 in its entirety and replace it with the following : " The remedies provided in this Agreement shall supplement the remedies available to the Parties under the FS Agreement, and the remedies available at law and in equity ; however, neither Party shall be entitled to recover consequential damages , punitive damages , delay damages , or lost profits of any kind . This provision shall not operate to limit the liability of either Party to the other, for liability which may arise out of the agreement between the Company and the Marketer, pursuant to section 7 . 3 (b) above . " 3 . Parties agree to add a new section 7 . 4 , as follows : " 7 . 4 . District makes the following additional representations to Company in connection with Company ' s efforts to market and sell the District ' s Project Credits . For the purposes of these representations (a) the term " Credits" shall have the same meaning as the term "ERB " in the Company ' s Agreement for the Development, Verification, Registration, and Marketing of Greenhouse Gas Emission Reduction Benefits with Blue Source LLC , dated February 24 , 2012 ("Blue Source Agreement") , (b) the term "Project" shall have the meaning set forth in the Blue Source Agreement, and (c ) the term "ERB Regime" shall mean the Climate Action Reserve , or any other registry mutually agreed to by the Parties : a) District hereby grants to Company the exclusive right to market all District Project Credits, b) District hereby transfers to Company the title to any District Project Credits for the sole purpose of marketing and selling the credits pursuant to the Company ' s agreement with the Marketer . Upon expiration of the Company ' s agreement with the Marketer, title to any District Project Credits which have not been sold to a third party shall automatically , and without any further action by the Parties , revert to the District, C) The District has good and marketable title to all District Project Credits , and such credits are free and clear of all encumbrances , d) The District has not claimed and will not claim any of the District Project Credits as part of its own carbon inventory , carbon footprint, or other carbon statement or declaration, and e) The Project operates in material compliance with all requirements of the ERB Regime and applicable law, although, for the purposes of marketing and selling the District Project Credits , the District does not make and affirmatively disclaims any guarantees , representations , or 2 LFC Interconnect Agrmnt - I st Amdmt (2)