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the then current annual Guarantee Report and shall not affect any prior or any future annual Guarantee Report. <br /> The OWNER agrees not to offset, deduct, set-off, withhold , or delay any payment due under the Agreement. <br /> This is the OWNER sole and exclusive remedy under this Savings Guarantee , and no other rights or remedies <br /> are granted . <br /> SECTION 6 . EXCLUSIONS AND LIMITATIONS <br /> (A) THE SOLE AND EXCLUSIVE REMEDY OF INDIAN RIVER COUNTY UNDER THIS <br /> SAVINGS GUARANTEE IS SPECIFICALLY STATED ABOVE , EXCEPT AS SET FORTH ABOVE IN THIS <br /> SAVINGS GUARANTEE , THE COMPANY HAS NOT MADE AND DOES NOT HEREBY MAKE ANY <br /> WARRANTY , EXPRESS OR IMPLIED , AS TO ANY MATTER WHATSOEVER , INCLUDING WITHOUT <br /> LIMITATION , THE CONDITION , MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF <br /> ANY EQUIPMENT OR THE REDUCTION IN THE OWNER ENERGY USAGE AS A RESULT OF THE <br /> INSTALLATION AND OPERATION OF ANY EQUIPMENT . <br /> ( B ) THE COMPANY SHALL NOT BE RESPONSIBLE FOR INCIDENTAL , INDIRECT, PUNITIVE , <br /> OR CONSEQUENTIAL DAMAGES , INCLUDING BUT WITHOUT LIMITATION , PROPERTY DAMAGE <br /> RESULTING FROM , OR RELATED TO THE AGREEMENT OR THE EQUIPMENT ( INCLUDING BUT NOT <br /> LIMITED TO THE MALFUNCTION OR MISOPERATION THEREOF ) , BODILY INJURY , MENTAL ANGUISH , <br /> MENTAL INJURY OR DISEASE , LOSS OF PROFITS , AND GOODWILL , REGARDLESS OF THE CAUSE <br /> OR BASIS OF SUCH ACTION , WHETHER IN STRICT LIABILITY, CONTRACT, TORT, OR OTHERWISE . <br /> IN WITNESS WHEREOF , and intending to be legally bound , the parties hereto subscribe their <br /> names to this Contract by their duly authorized officers on the date first above written , <br /> FPL ENERGY SERVICES , INC INDIAN RIVER COUNTY_ <br /> By : <br /> /7 44yot� <br /> Name : Greg T . Hanlon Name : Wesley S . Davis, Chairman <br /> Title : Vice President and General Manager Title : Chairman Board � o County Comm issicriers <br /> Approved by BCC : June 23 , 2009 <br /> APPROVED AS TO FORM : & LEGAL SUFFICIENCY <br /> Indian Riv r Co my Attorne <br /> /?y <br /> ' Name : <br /> Title : <br /> ATTEST : J . K . Barton , Clerk <br /> Approved : <br /> Deputy Clerk oseph A . Baird , County Administr for <br /> Indian River County , Florida 6 Indian River County Phase 1 <br /> Phase I Rev . 06/09 <br />