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(B) ANY ACTION AGAINST A GOVERNMENTAL ENTITY REMAINS SUBJECT TO
ALL PROCEDURES AND LIMITATIONS ON DAMAGES OTHERWISE SPECIFIED BYLAW.
21-193.
(A) AN ACTION AGAINST A GOVERNMENTAL ENTITY OR PERSON WHOSE
PRODUCT OR SERVICE IS NOT YEAR 3000 READY ARISES ON THE DATE ON WHICH
THE PRODUCT OR SERVICE THAT RELIES ON AN INFORMATION TECHNOLOGY
SYSTEM OR PRODUCT:
(1) FAILS TO OPERATE IN A MANNER CONSISTENT WITH THE DESIGN
REQUIREMENTS OR OTHER SPECIFICATION FOR THE PRODUCT OR SERVICE; AND
(2) CAUSES DAMAGE "OR LOSS.
(B) A GOVERNMENTAL ENTITY OR PERSON WHOSE PRODUCT OR SERVICE. IS
NOT YEAR 2000-READY SHALL BE LIABLE UNDER THIS TITLE ONLY WHERE THE
FAILURE OF THE PRODUCT OR SERVICE TO BE YEAR 2000-READY IS THE PROXIMATE
CAUSE OF THE DAMAGES.
(C) THIS TITLE DOES NOT APPLY TO:
(1) A PRODUCTS LIABILITY ACTION AGAINST A MANUFACTURER FOR
WRONGFUL DEATH OR PERSONAL INJURY; OR
(2) A CLAIM FOR WORKER'S WORKERS' COMPENSATION BENEFITS.
21-194. 21-103.
(A) IT SHALL BE AN AFFIRMATIVE DEFENSE TO ANY ACTION BROUGHT BY A
PLAINTIFF AGAINST ANY GOVERNMENTAL ENTITY OR PERSON WHOSE PRODUCT OR
SERVICE IS NOT YEAR 2000-READY THAT:
(1) IN THE CASE OF A GOVERNMENTAL ENTITY, THE ENTITY EXERCISED
DUE DILIGENCE TO ENSURE THAT IT WAS YEAR 2000 READY IN A MANNER THAT
WOULD BE EXERCISED BY A REASONABLY PRUDENT PERSON IN ACCORDANCE WITH
THE STANDARDS APPLICABLE TO THE SAME TYPE AND SIZE OF GOVERNMENTAL
ENTITY; OR
(2) IN THE CASE OF ANY OTHER PERSON, THE PERSON DETERMINED
AND IMPLEMENTED IN GOOD FAITH ACTIONS NECESSARY FOR THE PERSON TO
BECOME YEAR 2000-READY IN ACCORDANCE WITH THE REQUIREMENTS AND
STANDARDS SET FORTH IN §§ 2-405.1 OF THE CORPORATIONS AND ASSOCIATIONS
ARTICLE A MANNER THAT WOULD BE EXERCISED BY A REASONABLY PRUDENT
PERSON UNDER THE SAME OR SIMILAR CIRCUMSTANCES.
(B) IN DETERMINING WHETHER A GOVERNMENTAL ENTITY OR PERSON HAS
MET THE STANDARD SET OUT IN SUBSECTION (A) OF THIS SECTION, THE COURT
SHALL CONSIDER WHETHER THE GOVERNMENTAL ENTITY OR PERSON.
(1) HAS INVENTORIED ITS PRODUCTS AND SERVICES TO DETERMINE
WHETHER THEY ARE YEAR 2000 READY;
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