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POLARIS use telephone support and other support-related Services. Given the complexity of the library automation environment, including such factors as evolving standards, developmental tools, and market demands, Polaris reserves the right to modify its development plan for future releases for the best interests of its current customers, its organization (from a support perspective) and future marketability. 13.3 . Polaris and the COUNTY will accept mutual responsibility for implementing Software updates. All mandatory Software updates must be installed within one (1) year of their release to insure proper program performance and continued support. In conjunction with Article 8.4 herein, failure by the COUNTY to install Software updates within the agreed time frame may result in the termination of program service and maintenance, or in the increase of program service and maintenance fees where appropriate. 13.4 . Each type of program service and maintenance specified will be available unless discontinued by Polaris upon one hundred and eighty (180) days written notice. 13 . 5. Polaris reserves the right to charge at $200 per hour with a minimum $400 charge for any additional effort that results from providing Services for a licensed program altered by the COUNTY. 14. Patent and Copyright 14. 1. Polaris will defend the COUNTY against any claim that licensed Software and/ or Software Materials furnished and used within the scope of the license granted herein infringe a U.S. patent or copyright and Polaris will pay resulting costs, damages and attorney fees finally awarded, provided that: (a) the COUNTY promptly notifies Polaris in writing of the claim, and (b) Polaris has sole control of the defense and all related settlement negotiations . 14. 2. If such claim has occurred, or in Polaris' opinion is likely to occur, the COUNTY agrees to permit Polaris at its option at no additional expense to the COUNTY either to procure for the COUNTY the right to continue using the licensed Software and/ or Software Materials, or to replace or modify the same so that they become non-infringing. If neither of the foregoing alternatives is reasonably available, the COUNTY agrees on one (1) month's written notice from Polaris to return or destroy all copies of the licensed Software and/ or Software Materials received from Polaris and all copies thereof, and to receive a refund for any monies paid for said licensed Software and/ or Software Materials, inclusive of any periodic maintenance fees. 14.3. Polaris shall have no obligation to defend the COUNTY or to pay costs, damages, or attorney's fees for any claim based upon the COUNTY's use of licensed Software that has been altered by the COUNTY without Polaris' express permission and in direct breach of Article 7.5. herein. 14.4. The foregoing states the entire obligation of Polaris with respect to infringement of patents or copyrights. 15. Limitation of Remedies 15. 1 . For any claim concerning performance or non-performance by Polaris pursuant to or in anyway related to the subject matter of this Agreement and any supplement hereto, the COUNTY shall be entitled to recover actual damages to the limits set forth in this section. 15 .2. Polaris ' maximum aggregate liability, whether for breach of contract, breach of warranty or in tort, including negligence, will be limited to a maximum of all monies paid for the Software, exclusive of any maintenance fees . 15 .3. This limitation of liability will not apply to Articles 14 and 25 herein, or to claims for personal injury to the extent caused in whole or in part by Polaris' negligence. 15.4. IN NO EVENT WILL Polaris BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE, OPERATION, OR MODIFICATION OF THE SYSTEM BY THE COUNTY, OR FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, EVEN IF Polaris HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES. 3/20/07 Indian River County Contract Page 8 of 30