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Vendor: <br /> <br />Customer: <br /> <br />NetMark, Inc. <br />8601 73rd Avenue North, Suite 35 <br />Brooklyn Park, MN 55428 <br />City of Ramsey <br />15153 Nowthen Blvd. NW <br /> <br />St. Paul, MN 55101 <br /> <br />V. INDEPENDENT CONTRACTOR <br /> <br /> In making and performing this Agreement, the parties act and shall act at all times as <br />independent contractors, and at no time shall either party make any commitments or incur any <br />charges or expenses for or in the name of the other party. <br /> <br />VI. FORCED WORK STOPPAGE <br /> <br /> Neither party shall be liable for any failure to perform its obligations under this <br />Agreement if prevented fi.om doing so by a cause or causes beyond its control. Without limiting <br />the generality of the foregoing, such causes include acts of God or the public enemy, fires, floods, <br />storms, .earthquakes, hots, strikes, lockouts, wars or war operations, restraints of government or <br />other cause or causes which could not with reasonable diligence be controlled or prevented by the <br />party. <br /> <br />VII. LIMITATION ON LIABILITY. <br /> <br /> A. Remedies Available. In the event of a breach by Vendor of any of the terms or <br />provisions of this Agreement or any Work Order (other than a breach of the provisions of <br />paragraphs K and L of Article 12I hereof), Vendor shall, at its option, either redo the subject work <br />in accordance with the terms and provisions of this Agreement and the applicable Work Order c}r <br />refund to Customer all fees paid by Customer for services rendered in connection therewith. The <br />remedies set forth in this paragraph A are the sole and exclusive remedies available to Customer <br />in the event of a breach by Vendor of any of the terms of this Agreement or any Work Order or <br />the breach of any representation or warranty made with respect to any services provided pursuant <br />hereto (other than a breach of the provisions of paragraphs K and L of Article ]l hereof). <br /> <br /> B. Limitation on Damages. In no event shall Vendor be liable for loss of profits or <br />other indirect or consequential damages by reason of a breach by Customer of any of the terms or <br />provisions of this Agreement or any Work Order or otherwise in connection with its performance <br />of services pursuant hereto or the acts or omissions of its employees or agents in connection <br />herewith; and in no event shall any such liability (except liability in connection with the <br />provisions of paragraph L of Article 15 hereof) exceed the fees paid by Customer to Vendor for <br />services rendered with respect to the applicable Work Order or the proceeds of insurance <br /> <br />288501.1 <br /> <br /> <br />