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percentage of the total charges paid by Customer (excluding one-time payments such as set-up fees and other Professional Service fees) for the GovPilot Hosting in the month in which the Unavailability occurred in accordance with the schedule below. Monithly Availability Percentage Service Credit Percentage Less than 99.9% but equal to or greater 10% than 99.0% Less than 99.0% 20% GovPilot’s obligations set forth in this Section 3.18 represent Customer’s sole and exclusive remedy, and GovPilot’s sole and exclusive liability, for any failure of the GovPilot Hosting to be Available. 3.19. Third Party Offerings. Customer agrees and understands that as part of the Services, GovPilot may offer access to products, services or content owned by and licensed from third parties (the “Third Party Offerings”). Customer understands and acknowledges that Third Party Offerings are not licensed pursuant to the provisions set forth in this Agreement. Customer shall have only such rights and/or licenses, if any, to use the Third Party Offerings as are set forth in the relevant terms identified, if applicable, within the relevant Order Form and/or within the GOVPILOT Software. GOVPILOT WILL HAVE NO OBLIGATION WHATSOEVER UNDER THIS AGREEMENT TO DELIVER, SUPPORT OR MAINTAIN ANY SUCH THIRD PARTY OFFERINGS, NOR WILL GOVPILOT HAVE ANY LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM OR THE NATURE OF THE CLAIMED OR ALLEGED DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, FOR ANY CLAIM ARISING FROM OR RELATED TO CUSTOMER’S OR ANY CUSTOMER’S USE OR DISTRIBUTION OF THE THIRD PARTY OFFERINGS, AND GOVPILOT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ANY AND ALL SUCH THIRD PARTY OFFERINGS, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND/OR NON-INTERFERENCE. Customer acknowledges and agrees that the foregoing disclaimers, limitations and exclusions of liability form an essential basis of the bargain between the parties, and that, absent such disclaimers, limitations and exclusions, the terms of this Agreement, including, without limitation, the economic terms, would be substantially different. 3.20. General Prohibition Against Misrepresentation. Customer agrees to refrain from any misleading or deceptive conduct and/or from making false representations in relation with the GovPilot Software, GovPilot Hosting, the Services and/or its relationship with GovPilot, including without limitation false advertising, making promises, representations, or warranties on behalf of GovPilot or claiming ownership of the GovPilot Software, GovPilot Hosting, or the Services. FEES AND PAYMENTS. 4.1. Fees. In consideration for the rights granted to Customer hereunder and the performance of GovPilot’s obligations hereunder, Customer shall pay to GovPilot, or GovPilot’s third party billing agent (as specified by GovPilot), without offset or deduction, certain fees, in such amounts as may be determined by reference to the applicable Addenda, Work Statement, and Order, which shall be due and payable on the due date of the invoice, which shall not be less than 30 days from when the invoice is issued by GovPilot or its third party billing agent with respect thereto. 4.2. Customer Operating Expenses. As between the Parties, Customer shall bear all expenses incurred in the performance of its obligations or exercise of its rights hereunder. 4.3. Taxes. All amounts payable hereunder shall exclude all applicable sales, use and other taxes and all applicable export and import fees, customs duties and similar charges. Customer will be responsible for payment of all such taxes (other than taxes based on GovPilot’s income), fees, duties and charges, and any related penalties and interest, arising from the payment of any fees hereunder, the grant of license rights hereunder, or the delivery of related Services. Customer will make all payments required GovPilot Master Services Agreement — version 1.2 — Page 9