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de -installation, or repair services, but only to that extent, and not for any additional <br />compensatory, consequential, or punitive damages. <br />(c) The limited warranty provided above constitutes the only warranty provided by <br />COUNTY under this Agreement. COUNTY EXPRESSLY DISCLAIMS AND EXCLUDES <br />ANY OTHER WARRANTY NOT EXPRESSLY STATED IN THIS SECTION 5, <br />INCLUDING BUT NOT LIMITED TO ANY OTHER EXPRESS OR IMPLIED WARRANTY, <br />ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR ANY IMPLIED WARRANTY <br />OF FITNESS FOR A PARTICULAR PURPOSE. AGENCY's exclusive remedy against <br />COUNTY for the matters set forth in this Section 5 is strictly limited to the provisions expressly <br />stated in this Section 5. AGENCY will have no other remedy against COUNTY under this <br />Section 5, including but not limited to any remedy for consequential damages. The limited <br />warranty provided by COUNTY under this Section 5 is also subject to the limitation set forth in <br />Section 768.28, Florida Statutes (2016), as this statute may be amended from time to time. <br />Section 6. Indemnification Generally. Other than for the special, limited, expressly <br />stated exceptions described in Section 5, above, neither COUNTY or AGENCY shall indemnify <br />or .hold harmless the other party for the willful or negligent acts or omissions of the latter's <br />officers, employees, or agents of the other arising from the subject matter of this Agreement. <br />Each party is responsible for the negligent or willful acts or omissions of its own officers, <br />employees, and agents in any cause of action arising from the subject matter of this Agreement. <br />Nothing in this instrument may be construed as denying to either party any remedy or defense <br />available under Florida law. Section 768.28, Florida Statutes (2016), as this statute may be <br />amended from time to time, controls as to sovereign immunity and the limitations on tort <br />damages in this statute. <br />800 MHz P25 Communications Equipment <br />Installation and Maintenance Interlocal Agreement <br />Page 5 of 11 <br />