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eMerges makes all reasonable attempts to ensure that the eMerges Data shall be as current, accurate, and complete as may be achieved by using the source data and compilation methods normally employed by eMerges in the ordinary course of its business; provided, however, in no event is the Voter Data File warranted as being error free. EXCEPT AS SET FORTH IN THE TERMS AND CONDITIONS, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY TO THE OTHER INCLUDING, WITHOUT LIMITATING, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In the event of any breach of the foregoing warranty, buyer’s remedy and eMerges’s liability shall be limited to eMerges re-performing its obligation hereunder without additional charge to buyer or election of termination of this Agreement with a pro rata refund of fees previously paid to eMerges for the Data which is in error.

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