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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 <br /> By : <br /> INDIAN RIVER COUNTY <br /> � ' <br /> Name : Greg T . aBnion Y :2 <br /> Title : Vice President and General Manager Name : Peter D . O ' Bryan, Chai an <br /> Title : Chairman Board of County Commissioners <br /> Approved b Decemb . r8 ,2009 <br /> Authorized By the Customer : pp Y <br /> ATTEST : Jeffrey K . Barton <br /> APPROVED AS TO FORM : <br /> Indian River County Attorney <br /> BY : <br /> Deputy Clerk By : f �t/Lil <br /> Name : William G . Collins 11 <br /> Title : County Attorney <br /> ATTACHMENT 1 <br /> Indian River County , Florida 6 Indian River County Phase 2 <br /> Phase 11 Rev . 10/09 <br />