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Savings amount and the Annual Energy Cost Savings in such annual Guarantee Report . This shall only be for <br /> 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 /> [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK; SIGNATURES ON FOLLOWING PAGE] <br /> Indian River County , Florida 6 Indian River County Phase 1 <br /> Phase I Rev . 1 /05/09 <br />