Common use of Limitation of Liability Clause in Contracts

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.

Limitation of Liability. NOTWITHSTANDING EXCEPT FOR (I) INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS, INCLUDING TRADE SECRETS; (II) DAMAGES FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY; (III) INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE; OR (IV) ANY PROVISION IN THIS AGREEMENTOTHER LIABILITY THAT MAY NOT BE LIMITED UNDER APPLICABLE LAW (THE "EXCLUDED MATTERS"), IN NO EVENT WILL COMPANY EITHER PARTY BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, LOSS OF USEFAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATEDPUNITIVE, EXEMPLARY, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL ANY SIMILAR TYPE OF DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF OR IN ANY WAY RELATED TO THE FURNISHINGAGREEMENT, PERFORMANCE THE USE OR THE INABILITY TO USE OF THE EQUIPMENT SOFTWARE, MAINTENANCE OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCECONSULTING SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANYCUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE AND OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER'S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY'S TOTAL LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AS A RESULT OF THE AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED GREATER OF 1,000,000 USD OR THE FEES PAID BY COMPANY FROM CUSTOMER FOR TO LICENSOR UNDER THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADAPPLICABLE ORDER FORM.

Limitation of Liability. NOTWITHSTANDING YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION IN THIS AGREEMENTOF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT WILL COMPANY SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY LOSS CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF PROFITSANY SUCH DELAY, LOSS OF USE, BUSINESS INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, LIQUIDATEDINCIDENTAL, EXEMPLARYCONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE MOBILE BANKING APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH SO THE ABOVE LIMITATION OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED EXCLUSION MAY NOT APPLY TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADYOU.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTREGARDLESS OF THE FORM OF ACTION, IN NO EVENT WILL COMPANY SELLER’S LIABILITY RELATING TO THE PRODUCTS, THE MANUFACTURE, SHIPPING, SALE OR USE OF THE PRODUCTS OR THE SERVICES PROVIDED SHALL NOT EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC PRODUCT(S) OR SERVICES GIVING RISE TO THE CAUSE OF ACTION. SELLER, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, DOWNTIME, LOSS OF DATA, FAILURE TO DETECT ANY FLAW IN ANY SUBJECT MATTER OF ANY TEST, LOSS OF GOODWILL, BUSINESS INTERRUPTION, INDIRECTDELAY IN PERFORMANCE, SPECIALOR LOST OPPORTUNITIES, LIQUIDATEDREGARDLESS OF THE FORM OF ACTION, EXEMPLARYWHETHER IN CONTRACT, INCIDENTAL TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR CONSEQUENTIAL DAMAGES OF ANY KIND OTHERWISE IN CONNECTION WITH THE SUPPLY OR ARISING OUT SUBSEQUENT USE OR HANDLING OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEPRODUCTS, EVEN IF COMPANY SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM SELLER, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY AGENTS SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS FOR PROPERTY DAMAGE AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED THIRD PARTY CLAIMS COVERED BY INSURANCE PROVIDED TO BE CAUSED DIRECTLY OR INDIRECTLY BY BUYER, ITS ASSIGNS, AND EACH SUCCESSOR IN INTEREST TO THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADPRODUCTS.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTPeopleMedia's liability is limited to the maximum extent allowed by applicable law. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PEOPLEMEDIA, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, BUSINESS INTERRUPTIONGOODWILL, INDIRECTOR OTHER INTANGIBLE LOSSES, SPECIALRESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, LIQUIDATED, EXEMPLARY, INCIDENTAL (II) THE CONDUCT OR CONSEQUENTIAL DAMAGES CONTENT OF ANY KIND USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR ARISING OUT (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEYOUR CONTENT, EVEN IF COMPANY PEOPLEMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANYTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PEOPLEMEDIA'S AGGREGATE LIABILITY ON ANY CLAIM TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO PEOPLEMEDIA FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OTHER LEGAL PROCEEDING AGAINST PEOPLEMEDIA, WHETHER STATUTORY, IN LAW OR IN CONNECTION WITH THIS AGREEMENT OR FROM EQUITY, IN ANY TRIBUNAL. THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL DAMAGES LIMITATION SET FORTH IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE GROUND UPON WHICH LIABILITY IS BASED (3) MONTHSWHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR $10,000.00, WHICEVER IS GREATEROTHERWISE), (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMERii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCEPRIVILEGES, OR PRODUCTS OBLIGATIONS, AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTWaiver: BY SUBMITTING A PROPOSAL, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON OFFERER EXPRESSLY AGREES TO WAIVE ANY CLAIM IT HAS OR ANY KIND OF LOSS MAY HAVE AGAINST BOTH THE INTERLOCAL PURCHASING SYSTEM REGION 8 EDUCATION SERVICE CENTER, ITS DIRECTORS, OFFICERS, ITS TRUSTEES, OR DAMAGE AGENTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (1) THE ADMINISTRATION, EVALUATION, RECOMMENDATION OF ANY PROPOSAL; (2) ANY REQUIREMENTS UNDER THE SOLICITATION, PROPOSAL PACKAGE, OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE RELATED DOCUMENTS; (3) MONTHSTHE REJECTION OF ANY PROPOSAL OR ANY PART OF ANY PROPOSAL; AND/OR (4) THE AWARD OF AN AGREEMENT, IF ANY. NEITHER REGION 8 ESC NOR TIPS SHALL BE RESPONSIBLE OR LIABLE FOR ANY COSTS INCURRED BY PROPOSERS OR THE SELECTED CONTRACTOR IN CONNECTION WITH RESPONDING TO THE SOLICITATION, PREPARING FOR ORAL PRESENTATIONS, PREPARING AND SUBMITTING A PROPOSAL, ENTERING OR NEGOTIATING THE TERMS OF AN AGREEMENT, OR $10,000.00, WHICEVER ANY OTHER EXPENSES INCURRED BY A PROPOSER. THE PROPOSER OR SELECTED CONTRACTOR IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY WHOLLY RESPONSIBLE FOR ANY SUCH COSTS AND EXPENSES AND SHALL NOT BE REIMBURSED IN ANY MANNER BY REGION 8 ESC OR TIPS. The Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS Member(s), officers and employees from and against all claims and suits by third parties for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and reasonable attorney’s fees, arising out of, or resulting from, Vendor’s work under this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees. Parties found liable shall pay their proportionate share of damages as agreed by the parties or as ordered by a court of competent jurisdiction over the case. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPSƒESC Region 8. Per Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation. Limitation of Liability For any claim or cause of action arising under or related to the Contract: i) to the extent permitted by the Constitution and the laws of the State, none of the parties shall be liable to the other for punitive, special, or consequential damages, even if it is advised of the possibility of such damages; and ii) Vendor’s liability for damages of any kind to the Customer shall be limited to the total amount paid to Vendor under the Contract during the twelve months immediately preceding the accrual of the claim or cause of action. However, this limitation of Vendor’s liability shall not apply to claims of bodily injury; violation of intellectual property rights including but not limited to patent, trademark, or copyright infringement; indemnification requirements under this Contract; and violation of State or Federal law including but not limited to disclosures of confidential information and any penalty of any kind lawfully assessed as a result of such violation. Infringements VENDOR SHALL INDEMNIFY AND HOLD HARMLESS TIPS AND THE CUSTOMERƒTIPS MEMBERS, ANDƒOR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, ANDƒOR DESIGNEES FROM ANY AND ALL THIRD−PARTY CLAIMS INVOLVING INFRINGEMENT OF UNITED STATES PATENTS, COPYRIGHTS, TRADE AND SERVICE MARKS, AND ANY OTHER INTELLECTUAL OR INTANGIBLE PROPERTY RIGHTS IN CONNECTION WITH THE PERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS CONTRACT. VENDOR AND THE CUSTOMERƒTIPS MEMBER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. VENDOR SHALL BE LIABLE TO CUSTOMERPAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES. If Vendor becomes aware of an actual or potential claim, UNDER ANY CIRCUMSTANCESor CustomerƒTIPS Member provides Vendor with notice of an actual or potential claim, WHETHER PURSUANT TO AGREEMENTVendor may (or in the case of an injunction against CustomerƒTIPS Member, WARRANTY (EXPRESS OR IMPLIEDshall), TORT at Vendor’s sole option and expense: (INCLUDINGi) procure for the CustomerƒTIPS Member the right to continue to use the affected portion of the product or service, BUT NOT LIMITED TOor (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service so that CustomerƒTIPS Member’s use is non−infringing. Vendor shall have no liability under this section if the alleged infringement is caused in whole or in part by: (i) use of the product or service for a purpose or in a manner for which the product or service was not designed, NEGLIGENCE(ii) any modification made to the product without Vendor’s written approval, OR PRODUCTS AND(iii) any modifications made to the product by the Vendor pursuant to Customer/OR STRICT LIABILITYTIPS Member’s specific instructions, (iv) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICESany intellectual property right owned by or licensed to Customer/TIPS Member, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADor (v) any use of the product or service by Customer/TIPS Member that is not in conformity with the terms of any applicable license agreement.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY SHALL XXXXXXX’X TOTAL LIABILITY IN RESPECT OF ANY AND ALL CLAIMS OF ANY KIND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH, OR RESULTING FROM XXXXXXX'X PERFORMANCE OR BREACH OF THIS WARRANTY, OR FROM XXXXXXX'X SALE, DELIVERY, RESALE, REPAIR, OR REPLACEMENT OF ANY PRODUCT(S) OR THE FURNISHING OF ANY SERVICE, EXCEED THE PURCHASE PRICE ALLOCABLE TO THE PRODUCT(S) THAT GIVE RISE TO THE CLAIM, AND ANY AND ALL SUCH LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIOD. IN NO EVENT SHALL XXXXXXX BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATEDINCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL MULTIPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEPUNITIVE DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S , WHETHER AS THE RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY ON ANY CLAIM OR ANY KIND OTHER THEORY, INCLUDING WITHOUT LIMITATION LABOR OR EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PARTS, LOSS OF TIME, PROFITS OR REVENUES, LACK OR LOSS OF PRODUCTIVITY, LOSS OF USE OF THE PRODUCT(S) OR ANY ASSOCIATED EQUIPMENT, INTEREST CHARGES OR COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES, SYSTEMS, SERVICES OR DOWNTIME COSTS, DAMAGE TO OR LOSS OF PROPERTY OR EQUIPMENT, ANY INCONVENIENCE, COST OR DAMAGE ARISING OUT OF ANY DELAY IN PERFORMING, FAILURE TO PERFORM OR OTHER BREACH OF THE FOREGOING WARRANTY OR OBLIGATIONS UNDER SUCH WARRANTY, OR CLAIMS OF THIRD PARTIES AGAINST THE PURCHASER OF THE PRODUCTS OR THE END USER, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSSALE, INSTALLATION, USE OF, INABILITY TO USE, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS THE REPAIR OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS REPLACEMENT OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADPRODUCTS.

Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION IN OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT WILL SHALL COMPANY BE LIABLE FOR ANY LOSS OF PROFITSDAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD/MOULD, LOSS OF USEFUNGUS, BUSINESS INTERRUPTIONBACTERIA, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSMICROBIAL GROWTH, OR $10,000.00OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER’S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS ’S DATA OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADCOMMUNICATIONS NETWORK.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY NVIDIA OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS OF SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONLOSS OF DATA OR LOSS OF GOODWILL), INDIRECTOR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL ARISING OUT OF OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS XXXX OR ARISING OUT THE USE OR PERFORMANCE OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERLICENSED SOFTWARE AND NVIDIA CONFIDENTIAL INFORMATION (IF ANY PROVIDED), WHETHER ALLEGED AS A SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT OR TORTIOUS CONDUCTCONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), EVEN IF COMPANY PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY AND WHETHER OR NOT NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S IN NO EVENT WILL NVIDIA’S TOTAL CUMULATIVE LIABILITY ON ANY CLAIM UNDER OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE XXXX EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE TEN U.S. DOLLARS (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”US$10.00). COMPANY THE NATURE OF THE LIABILITY, THE NUMBER OF CLAIMS OR SUITS OR THE NUMBER OF PARTIES WITHIN YOUR ENTERPRISE THAT ACCEPTED THE TERMS OF THIS XXXX SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, ENLARGE OR EXTEND THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS NVIDIA OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES CAPAND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOINGThe disclaimers, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUNDexclusions and limitations of liability set forth in this XXXX form an essential basis of the bargain between the parties, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADand, absent any such disclaimers, exclusions or limitations of liability, the provisions of this XXXX, including, without limitation, the economic terms, would be substantially different.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO EVENT WILL COMPANY CIRCUMSTANCES SHALL ASURION BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIALINCIDENTAL, LIQUIDATEDCONSEQUENTIAL, EXEMPLARY, INCIDENTAL SPECIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT YOUR ACCESS OR FROM USE OF OR INABILITY TO ACCESS OR USE THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCESSERVICES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ASURION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS, MISUSE OR DISCLOSURE OF DATA OR CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASURION’S AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY SHALL NOT EXCEED THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS AMOUNT OF THE DAMAGES CAP. NOTWITHSTANDING FEES PAID BY YOU FOR THE FOREGOINGSERVICES AS APPLICABLE, IF ANY, DURING THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.TWO

Limitation of Liability. NOTWITHSTANDING IN NO EVENT SHALL YIFTEE OR ITS SUPPLIERS OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE WITH RESPECT TO THE SERVICES OR ANY PROVISION SERVICES PROVIDED BY YIFTEE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF (A) $500 OR (B) THE FEES PAID TO MERCHANT BY THE APPLICABLE VOUCHER PAYMENT PROCESSOR IN CONNECTION WITH THE GIFTS OFFERED PURSUANT TO THIS AGREEMENT, IN NO EVENT WILL COMPANY BE LIABLE DURING THE TWELVE MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIALINCIDENTAL, LIQUIDATEDPUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND YIFTEE'S REASONABLE CONTROL. YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM NO EVENT WILL MASTERCARD OR ANY KIND OF LOSS OTHER VOUCHER PAYMENT PROCESSOR AND/OR DAMAGE ARISING OUT OF ITS OR IN CONNECTION THEIR SERVICE PROVIDERS BE LIABLE TO YOU WITH THIS AGREEMENT OR FROM RESPECT TO THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSNON¬PERFORMANCE OF, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED THE ABILITY OR INABILITY TO AS “DAMAGES CAP”)ACCESS AND USE THE YIFTEE SERVICE. COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY THE EXTENT PERMITTED BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOINGLAW, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY LIABILITY OF MASTERCARD AND ANY OTHER VOUCHER PAYMENT PROCESSOR AND ANY OF THEIR SERVICE PROVIDERS, COLLECTIVELY, IN RELATION TO ANY TRANSACTION IS LIMITED IN THE AGGREGATE TO A RELEASE VALUE OF ZERO DOLLARS ($2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD0).

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY SHALL XXXXXXX’X TOTAL LIABILITY IN RESPECT OF ANY AND ALL CLAIMS OF ANY KIND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH, OR RESULTING FROM XXXXXXX'X PERFORMANCE OR BREACH OF THIS WARRANTY, OR FROM XXXXXXX'X SALE, DELIVERY, RESALE, REPAIR, OR REPLACEMENT OF ANY PRODUCT(S) OR THE FURNISHING OF ANY SERVICE, EXCEED THE PURCHASE PRICE ALLOCABLE TO THE PRODUCT(S) THAT GIVE RISE TO THE CLAIM, AND ANY AND ALL SUCH LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIOD. IN NO EVENT SHALL XXXXXXX BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATEDINCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL MULITPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEPUNITIVE DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S , WHETHER AS THE RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY ON ANY CLAIM OR ANY KIND OTHER THEORY, INCLUDING WITHOUT LIMITATION LABOR OR EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PARTS, LOSS OF TIME, PROFITS OR REVENUES, LACK OR LOSS OF PRODUCTIVITY, LOSS OF USE OF THE PRODUCT(S) OR ANY ASSOCIATED EQUIPMENT, INTEREST CHARGES OR COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES, SYSTEMS, SERVICES OR DOWNTIME COSTS, DAMAGE TO OR LOSS OF PROPERTY OR EQUIPMENT, ANY INCONVENIENCE, COST OR DAMAGE ARISING OUT OF ANY DELAY IN PERFORMING, FAILURE TO PERFORM OR OTHER BREACH OF THE FOREGOING WARRANTY OR OBLIGATIONS UNDER SUCH WARRANTY, OR CLAIMS OF THIRD PARTIES AGAINST THE PURCHASER OF THE PRODUCTS OR THE END USER, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSSALE, INSTALLATION, USE OF, INABILITY TO USE, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS THE REPAIR OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS REPLACEMENT OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADPRODUCTS.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION NEITHER ARACHNID NOR ITS DEALER OR REPRESENTATIVE, IF ANY, SHALL BE LIABLE, WHETHER IN THIS AGREEMENTCONTRACT, IN NO EVENT WILL COMPANY BE LIABLE TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE, FOR ANY INCIDENTAL, CON- SEQUENTIAL, SPECIAL OR PURELY PECUNIARY DAMAGES OR FOR LOSS OF PROFITSDATA OR FOR COSTS OF REMOVAL OR SHIPMENT. UNDER NO CIRCUMSTANCES SHALL ARACHNID’S LIABILITY OR BUYER’S REMEDY FOR DAMAGES AGAINST ARACHNID EXCEED THE AMOUNT OF THE PURCHASE PRICE OF THE PRODUCTS WITH RESPECT TO WHICH CLAIM IS MADE. IN THE EVENT THAT ARACHNID’S WARRANTY, LOSS IF ANY, OR ANY OTHER OBLIGATION OF USEARACHNID APPLICABLE TO THE PRODUCTS FAILS OF ITS ESSENTIAL PURPOSE, BUSINESS INTERRUPTIONBUYER’S EXCLUSIVE REMEDY SHALL BE LIM- ITED TO RETURN OF OR CREDIT FOR SO MUCH OF THE PURCHASE PRICE AS IS APPLICABLE TO THE PRODUCTS WHICH ARE NONCONFORMING OR DEFECTIVE, INDIRECTPROVIDED SUCH PRODUCTS ARE RETURNED TO ARACHNID F.O.B. ARACHNID’S PLANT IN ROCKFORD, SPECIALILLINOIS, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR U.S.A. NO ACTION ARISING OUT OF THE FURNISHINGORDER OR PERTAINING TO THE PRODUCTS IN QUESTION MAY BE BROUGHT BY BUYER MORE THAN ONE YEAR AFTER THE DATE OF SHIPMENT, PERFORMANCE OR, IN THE CASE OF WARRANTY CLAIMS, WITHIN ONE YEAR AFTER THE CLAIM WAS OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERSHOULD HAVE BEEN DISCOV- ERED, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL BUT IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES EVENT MORE THAN TWO YEARS AFTER SHIPMENT. XXXXX’S REMEDIES PROVIDED UNDER IN THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.AGREE- MENT ARE ITS SOLE

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY SHALL CYPRESS BE LIABLE TO COMPANY OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES INCURRED BY COMPANY OR ANY THIRD PARTY FOR LOSS OF PROFITS, LOSS OF USEBUSINESS PROFITS OR REVENUE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL LOSS OF BUSINESS INFORMATION OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR OTHER PECUNIARY LOSS) ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCERELATED TO THIS AGREEMENT, EVEN IF COMPANY CYPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CYPRESS BE LIABLE TO COMPANY OR ANY KIND THIRD PARTY IN ANY CALENDAR YEAR, REGARDLESS OF LOSS THE NUMBER OF CLAIMS, FOR MORE THAN FIFTY PERCENT (50%) OF THE TOTAL AMOUNTS PAID OR DAMAGE ARISING OUT OF OR PAYABLE UNDER THIS AGREEMENT IN SUCH CALENDAR YEAR FOR THE PRODUCTS GIVING RISE TO THE LIABILITY. COMPANY MAY NOT BRING AN ACTION IN CONNECTION WITH THIS AGREEMENT OR FROM UNLESS SUCH ACTION IS COMMENCED WITHIN ONE (1) YEAR AFTER THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED EVENT GIVING RISE TO THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.

Limitation of Liability. NOTWITHSTANDING TO THE MAXIMUM EXTENT PERMITTED BY LAW, D-LINK IS NOT LIABLE UNDER ANY PROVISION IN THIS AGREEMENTCONTRACT, IN NO EVENT WILL COMPANY BE LIABLE NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF PROFITSUSE OF THE PRODUCT, LOSS INCONVENIENCE OR DAMAGES OF USEANY CHARACTER, BUSINESS INTERRUPTION, INDIRECTWHETHER DIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOSS OF REVENUE OR PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, FAILURE OF OTHER EQUIPMENT OR COMPUTER PROGRAMS TO WHICH D-LINK’S PRODUCT IS CONNECTED WITH, LOSS OF INFORMATION OR DATA CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY KIND IN CONNECTION WITH PRODUCT RETURNED TO D-LINK FOR WARRANTY SERVICE) RESULTING FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A ANY BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCETHIS LIMITED WARRANTY, EVEN IF COMPANY D-LINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S THE SOLE REMEDY FOR A BREACH OF THE FOREGOING LIMITED WARRANTY IS REPAIR, REPLACEMENT OR REFUND OF THE DEFECTIVE OR NON-CONFORMING PRODUCT. THE MAXIMUM LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED D-LINK UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE THE PURCHASE PRICE OF $2.50 PER POUNDTHE PRODUCT COVERED BY THE WARRANTY. THE FOREGOING EXPRESS WRITTEN WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADEXPRESS, IMPLIED OR STATUTORY Governing Law: This Limited Warranty shall be governed by the laws of the State of New South Wales, Australia. Some states within Australia and New Zealand do not allow exclusion or limitation of incidental or consequential damages, or limitations on how long an implied warranty lasts, so the foregoing limitations and exclusions may not apply. This limited warranty provides specific legal rights and the product owner may also have other rights which vary within other states of Australia and New Zealand. Trademarks: D-Link is a registered trademark of D-Link Systems, Inc. Other trademarks or registered trademarks are the property of their respective manufacturers or owners. Copyright Statement: No part of this publication or documentation accompanying this Product may be reproduced in any form or by any means or used to make any derivative such as translation, transformation, or adaptation without permission from D-Link Australia Pty Ltd. Contents are subject to change without prior notice.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTWaiver: BY SUBMITTING A PROPOSAL, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON OFFERER EXPRESSLY AGREES TO WAIVE ANY CLAIM IT HAS OR ANY KIND OF LOSS MAY HAVE AGAINST BOTH THE INTERLOCAL PURCHASING SYSTEM REGION 8 EDUCATION SERVICE CENTER, ITS DIRECTORS, OFFICERS, ITS TRUSTEES, OR DAMAGE AGENTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (1) THE ADMINISTRATION, EVALUATION, RECOMMENDATION OF ANY PROPOSAL; (2) ANY REQUIREMENTS UNDER THE SOLICITATION, PROPOSAL PACKAGE, OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE RELATED DOCUMENTS; (3) MONTHSTHE REJECTION OF ANY PROPOSAL OR ANY PART OF ANY PROPOSAL; AND/OR (4) THE AWARD OF AN AGREEMENT, IF ANY. NEITHER REGION 8 ESC NOR TIPS SHALL BE RESPONSIBLE OR LIABLE FOR ANY COSTS INCURRED BY PROPOSERS OR THE SELECTED CONTRACTOR IN CONNECTION WITH RESPONDING TO THE SOLICITATION, PREPARING FOR ORAL PRESENTATIONS, PREPARING AND SUBMITTING A PROPOSAL, ENTERING OR NEGOTIATING THE TERMS OF AN AGREEMENT, OR $10,000.00, WHICEVER ANY OTHER EXPENSES INCURRED BY A PROPOSER. THE PROPOSER OR SELECTED CONTRACTOR IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY WHOLLY RESPONSIBLE FOR ANY SUCH COSTS AND EXPENSES AND SHALL NOT BE LIABLE TO CUSTOMERREIMBURSED IN ANY MANNER BY REGION 8 ESC OR TIPS. The Vendor agrees to indemnify and hold harmless and defend TIPS, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIEDTIPS Member(s), TORT officers and employees from and against all claims and suits by third parties for damages, injuries to persons (INCLUDINGincluding death), BUT NOT LIMITED TOproperty damages, NEGLIGENCElosses, and expenses including court costs and reasonable attorney’s fees, arising out of, or resulting from, Vendor’s work under this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees. Parties found liable shall pay their proportionate share of damages as agreed by the parties or as ordered by a court of competent jurisdiction over the case. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PRODUCTS PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC Region 8. Per Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation. Limitation of Liability For any claim or cause of action arising under or related to the Contract: i) to the extent permitted by the Constitution and the laws of the State, none of the parties shall be liable to the other for punitive, special, or consequential damages, even if it is advised of the possibility of such damages; and ii) Vendor’s liability for damages of any kind to the Customer shall be limited to the total amount paid to Vendor under the Contract during the twelve months immediately preceding the accrual of the claim or cause of action. However, this limitation of Vendor’s liability shall not apply to claims of bodily injury; violation of intellectual property rights including but not limited to patent, trademark, or copyright infringement; indemnification requirements under this Contract; and violation of State or Federal law including but not limited to disclosures of confidential information and any penalty of any kind lawfully assessed as a result of such violation. Infringements VENDOR SHALL INDEMNIFY AND HOLD HARMLESS TIPS AND THE CUSTOMER/TIPS MEMBERS, AND/OR STRICT LIABILITY) THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR OTHERWISE CAUSED DESIGNEES FROM ANY AND ALL THIRD−PARTY CLAIMS INVOLVING INFRINGEMENT OF UNITED STATES PATENTS, COPYRIGHTS, TRADE AND SERVICE MARKS, AND ANY OTHER INTELLECTUAL OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION INTANGIBLE PROPERTY RIGHTS IN CONNECTION THEREWITH IN EXCESS WITH THE PERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS CONTRACT. VENDOR AND THE DAMAGES CAPCUSTOMER/TIPS MEMBER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. NOTWITHSTANDING THE FOREGOINGVENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES. If Vendor becomes aware of an actual or potential claim, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE or Customer/TIPS Member provides Vendor with notice of an actual or potential claim, Vendor may (or in the case of an injunction against Customer/TIPS Member, shall), at Vendor’s sole option and expense: (i) procure for the Customer/TIPS Member the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service so that Customer/TIPS Member’s use is non−infringing. Vendor shall have no liability under this section if the alleged infringement is caused in whole or in part by: (i) use of the product or service for a purpose or in a manner for which the product or service was not designed, (ii) any modification made to the product without Vendor’s written approval, (iii) any modifications made to the product by the Vendor pursuant to Customer/TIPS Member’s specific instructions, (iv) any intellectual property right owned by or licensed to Customer/TIPS Member, or (v) any use of the product or service by Customer/TIPS Member that is not in conformity with the terms of any applicable license agreement. Security of Premises, Equipment, Data and Personnel Vendor and/or Order Fulfiller may, from time to time during the performance of the Contract, have access to the personnel, premises, equipment, and other property, including data, files and/or materials (collectively referred to as “Data”) belonging to the Customer/TIPS Member. Vendor shall use their best efforts to preserve the safety, security, and the integrity of the personnel, premises, equipment, Data and other property of the Customer/TIPS Member, in accordance with the instruction of the Customer/TIPS Member. Vendor shall be responsible for damage to Customer/TIPS Member's equipment, workplace, and its contents when such damage is caused by its employees or subcontractors. If a Vendor fails to comply with Customer/TIPS Member’s security requirements, then Customer/TIPS Member may immediately terminate its Purchase Order and related Service Agreement. RESERVATION OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.RIGHTS - TIPS expressly reserves the right to:

Limitation of Liability. NOTWITHSTANDING UNLESS OTHERWISE REQURED BY LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY PROVISION IN INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OF THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS AGREEMENTSERVICE, REGARDLESS OF THE FORM OF THE ACTION OR THEORY OF RECOVERY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILTY OF THOSE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY LICENSOR, CUSB BANK, ANY OF THEIR CONTRACTORS OR PROVIDERS, OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY LOSS DAMAGES ARISING OUT OF PROFITSTHE USE OR INABILITY TO USE THE SOFTWARE, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECTINCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY KIND CLAIM IS BASED. IN CONNECTION WITH ANY CASE, LIABILITY OF LICENSOR, CUSB BANK, OR ANY OF THE OTHER PERSONS OR ENTITES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE FURNISHING, PERFORMANCE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF FEES PAID BY YOU FOR THIS LICENSE AND THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADCHECK DEPOSIT SERVICE.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN OTHER TERM OR CONDITION OF THIS AGREEMENT, IN NO EVENT WILL COMPANY BE LIABLE FOR (A) THE LIABILITY OF INVESTOR AND ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED INVESTOR ASSIGNEE UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMERNOT, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT EXCEED THE COMMITMENT, (B) INVESTOR AND ANY INVESTOR ASSIGNEE SHALL NOT HAVE ANY LIABILITY WITH RESPECT TO ANY LOSS, DEFICIENCY, LIABILITY, OBLIGATION, SUIT, ACTION, CLAIM, DAMAGE, COST OR EXPENSE (INCLUDING COURT COSTS, AMOUNTS PAID IN SETTLEMENT, JUDGMENTS, REASONABLE ATTORNEYS’ FEES OR OTHER EXPENSES, INCLUDING INTEREST AND PENALTIES, COSTS AND EXPENSES FOR INVESTIGATING, DEFENDING AND ENFORCING ITS RIGHTS) (ANY “LOSS”) INCURRED BY THE COMPANY, THE STOCKHOLDERS OF THE COMPANY OR ANY OF THEIR RESPECTIVE AFFILIATES OR ANY OTHER PERSON IN CONNECTION WITH ANY BREACH BY PARENT OR MERGER SUB OF ANY OF THEIR OBLIGATIONS CONTAINED IN THE MERGER AGREEMENT OR ANY BREACH BY INVESTOR OR ANY INVESTOR ASSIGNEE OF ANY OF THEIR OBLIGATIONS CONTAINED IN THIS AGREEMENT, WARRANTY AND (EXPRESS OR IMPLIEDC) UNDER NO CIRCUMSTANCES MAY ANY PERSON BUT THE COMPANY (IN ACCORDANCE WITH, AND SUBJECT TO THE LIMITATIONS OF, SECTION 3), TORT (INCLUDINGPARENT OR MERGER SUB BRING ANY ACTION, BUT NOT LIMITED TO, NEGLIGENCE, CLAIM OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADPROCEEDING UNDER THIS AGREEMENT.

Limitation of Liability. This Agreement does not limit a party’s liability for: (i) death or personal injury resulting from the negligence of a party; (ii) gross negligence, willful misconduct or violations of applicable law, or (iii) fraud or fraudulent statements made by a party to the other party in connection with this Agreement. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY: (A) QUOVADIS AND ITS AFFILIATES, IN NO EVENT SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “QUOVADIS ENTITIES”) WILL COMPANY NOT BE LIABLE FOR ANY LOSS OF PROFITSSPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES ARISING FROM LOSS OF USE, LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES COSTS OF ANY KIND IN CONNECTION WITH PROCURING SUBSTITUTE SOFTWARE OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE FURNISHINGSUBJECT MATTER HEREOF; AND (B) THE QUOVADIS ENTITIES’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO QUOVADIS IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, PERFORMANCE OR USE REGARDLESS OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERWHETHER SUCH LIABILITY ARISES FROM CONTRACT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTINDEMNIFICATION, WARRANTY, TORT (INCLUDING NEGLIGENCE), EVEN IF COMPANY STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER QUOVADIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING DAMAGE. NO CLAIM, REGARDLESS OF FORM, WHICH IN ANY WAY ARISES OUT OF THIS AGREEMENT, MAY BE MADE OR IN CONNECTION WITH THIS AGREEMENT BROUGHT BY CUSTOMER OR FROM CUSTOMER’S REPRESENTATIVES MORE THAN ONE (1) YEAR AFTER THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER BASIS FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE CLAIM BECOMES KNOWN TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.

Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, NEITHER PARTY SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY PROVISION IN SUBJECT MATTER OF THIS AGREEMENTAGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, IN NO EVENT WILL COMPANY BE LIABLE NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS OR PROFITS; (B) FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES DAMAGES; (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO SERVICE PROVIDER FOR THE APPLICABLE SERVICES UNDER THIS AGREEMENT OR RELATING TO ANY SUBJECT MATTER OF ANY KIND THIS AGREEMENT IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF 12 MONTHS PRIOR TO THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEACT THAT GAVE RISE TO THE LIABILITY, EVEN IF COMPANY THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH ANY OF THE FOREGOING TYPES OF LOSSES OR DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM CUSTOMER ACKNOWLEDGES THAT AN INTERRUPTION IN SERVICE(S) DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF SERVICE PROVIDER, SUCH AS A FAILURE OF TELECOMMUNICATIONS OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF NETWORK SYSTEMS NOT CONTROLLED BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSSERVICE PROVIDER, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER CONSIDERED A SERVICE OUTAGE OR SERVICE DEFICIENCY FOR PURPOSES OF ANY CIRCUMSTANCES, WHETHER PURSUANT TO REMEDY PROVIDED IN THIS AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION (a) IN THE PERFORMANCE OF THE SERVICES REQUIRED BY THIS AGREEMENT, FINANCIAL INSTITUTION SHALL BE ENTITLED TO RELY SOLELY ON THE INFORMATION, REPRESENTATIONS, AND WARRANTIES PROVIDED BY MEMBER CLIENT PURSUANT TO THIS AGREEMENT, AND SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS THEREOF. FINANCIAL INSTITUTION SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE SERVICES EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, IN NO EVENT WILL COMPANY AND SHALL BE LIABLE ONLY FOR ANY LOSS ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING THOSE SERVICES. FINANCIAL INSTITUTION SHALL NOT BE RESPONSIBLE FOR MEMBER CLIENT'S ACTS OR OMISSIONS (INCLUDING, WITHOUT LIMITATION, THE AMOUNT, ACCURACY, TIMELINESS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL TRANSMITTAL OR CONSEQUENTIAL DAMAGES AUTHORIZATION OF ANY KIND IN CONNECTION WITH ENTRY RECEIVED FROM MEMBER CLIENT) OR THOSE OF ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, ANY FEDERAL RESERVE BANK, ACH OPERATOR OR TRANSMISSION OR COMMUNICATIONS FACILITY, ANY RECEIVER OR RDFI (INCLUDING, WITHOUT LIMITATION, THE RETURN OF ANY ENTRY BY SUCH RECEIVER OR RDFI), AND NO SUCH PERSON SHALL BE DEEMED FINANCIAL INSTITUTION'S AGENT. MEMBER CLIENT AGREES TO INDEMNIFY FINANCIAL INSTITUTION AGAINST ANY LOSS, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS' FEES AND COSTS) RESULTING FROM OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OF ANY PERSON THAT THE FINANCIAL INSTITUTION IS RESPONSIBLE FOR ANY ACT OR OMISSION OF MEMBER CLIENT OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR OTHER PERSON DESCRIBED IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”SECTION 29(a). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTEXCEPT FOR THE PARTNER'S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL COMPANY BE IS EITHER PARTY LIABLE OR OBLIGATED TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS OF LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECTLOST BUSINESS, SPECIAL, LIQUIDATEDINCIDENTAL, EXEMPLARY, INCIDENTAL CONSEQUENTIAL, PUNITIVE, OR CONSEQUENTIAL INDIRECT DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT REGARDLESS OF THE FURNISHING, PERFORMANCE OR USE FORM OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT IN CONTRACT, TORT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEOTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGES IN ADVANCE. COMPANYGRAB'S SOLE AND COMPLETE LIABILITY ON TO THE PARTNER FOR ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS AND CONDITIONS, OR ANY ERRORS, OMISSIONS OR MISPLACEMENTS OF ANY E-VOUCHER IS LIMITED TO THE AMOUNT OF FEES RETAINED BY GRAB HEREUNDER FOR THE PRECEDING SIX(6) MONTHS AFTER FINAL CALCULATION AND RECONCILIATION OF ALL REFUNDS. THIS LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY. IN ADDITION, ANY CLAIM BY OR ON BEHALF OF A THE PARTNER IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF ANY PAYMENT MADE BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSGRAB, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCECLAIMS ALLEGING THAT A THE PARTNER WAS UNDERPAID, OR PRODUCTS AND/OR STRICT LIABILITYMUST BE MADE IN WRITING TO GRAB WITHIN NINETY (90) OR OTHERWISE CAUSED OR ALLEGED TO DAYS FROM THE DATE GRAB REMITS THE PAYMENT AT ISSUE. ALL CLAIMS NOT MADE IN ACCORDANCE WITH THE FOREGOING SHALL BE CAUSED DIRECTLY OR INDIRECTLY DEEMED WAIVED, RELEASED AND DISCHARGED BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADPARTNER.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION ANYTHING ELSE IN THIS AGREEMENTAGREEMENT OR OTHERWISE, IN NO EVENT GCT WILL COMPANY NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY LOSS AMOUNTS IN EXCESS OF PROFITSTHE LESSER OF (i) THE AGGREGATE OF THE AMOUNTS PAID TO GCT HEREUNDER DURING THE SIX MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, LOSS OF USEOR (ii) $50,000, BUSINESS INTERRUPTION, (B) INDIRECT, SPECIALINCIDENTAL, LIQUIDATEDCONSEQUENTIAL, EXEMPLARYPUNITIVE, INCIDENTAL SPECIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, (EVEN IF COMPANY SUCH DAMAGES ARE FORESEEABLE OR GCT HAS BEEN ADVISED OR HAS CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ), ARISING FROM GCT’S PERFORMANCE OR NON-PERFORMANCE PURSUANT TO ANY CLAIM OR ANY KIND PROVISION OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF USE OF THE PRODUCTS (INCLUDING SUCH DAMAGES INCURRED BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3THIRD PARTIES) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDINGSUCH AS, BUT NOT LIMITED TOTO LOSS OF REVENUE OR ANTICIPATED PROFITS, NEGLIGENCELOSS OF BUSINESS OR LOSS OF USE, OR (C) COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY (D) LOSS OR CORRUPTION OF DATA OR INTERRUPTION OF USE OR BUSINESS. GCT SHALL HAVE NO LIABILITY FOR ANY INADEQUACY THEREOF, FAILURE OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAPDELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. NOTWITHSTANDING THE FOREGOING, THIS ARTICLE 16.1 SHALL NOT LIMIT LIABILITY FOR DAMAGES THAT ARE THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED SUBJECT OF INDEMNIFICATION PURSUANT TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADARTICLE 15 ABOVE.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOSS OF PROFITSALL EVENTS AND CIRCUMSTANCES, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S RED HAT’S AND ITS AFFILIATES’ AGGREGATE AND CUMULATIVE LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE TO PARTNER AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT OR FROM THE AND ANY ORDER FORM HEREUNDER, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED NON-PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR FORM OF THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCESCAUSE OF ACTION, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED)IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, NEGLIGENCE), OR PRODUCTS AND/OR STRICT LIABILITY) STATUTE OR OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE TOTAL AMOUNT PAID TO RED HAT AND ITS AFFILIATES BY PARTNER AND ITS AFFILIATES UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY FOR THE RED HAT PRODUCT OR SERVICE THAT IS THE SUBJECT MATTER OF THE CLAIM OR U.S. $5,000.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATION SHALL NOT APPLY TO CLAIMS FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO TANGIBLE PERSONAL PROPERTY CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT NEGLIGENCE OF RED HAT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAPITS EMPLOYEES. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF 11.3 責任の制限。適用法で許可されている最大限の範囲において、全ての事象および状況におけるレッドハットおよびその関連会社によるパートナーおよびその関連会社に対する、本契約および本取り決めに基づく注文書に起因するまたは関連する債務および重複責任（義務の履行または不履行を含むがこれらに限定されない）は、訴因の形態に関わらず、契約、不法行為（過失を含むがこれに限定されない）、規則その他のあるなしを問わず、直接的損害に限定され、レッドハット製品およびサービスに対する責任（ 申し立ての内容または $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.5,000.00 のいずれかの高い方）を引き起こした最初の事象に先立つ 12 ヶ月間にレッドハットおよびその関連会社に対して本契約に基づきパートナーおよびその関連会社より支払われた合計金額を超えないものとします。前述の制限は、身体傷害（死を含む）の申し立て、およびレッドハットおよびその関連会社の過失による有形個人資産への損害には適用されないものとします。

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOSS OF PROFITSALL EVENTS AND CIRCUMSTANCES, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S RED HAT’S AND ITS AFFILIATES’ AGGREGATE AND CUMULATIVE LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE TO PARTNER AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT OR FROM THE AND ANY ORDER FORM HEREUNDER, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED NON-PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR FORM OF THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCESCAUSE OF ACTION, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED)IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, NEGLIGENCE), OR PRODUCTS AND/OR STRICT LIABILITY) STATUTE OR OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE TOTAL AMOUNT PAID TO RED HAT AND ITS AFFILIATES BY PARTNER AND ITS AFFILIATES UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY FOR THE RED HAT PRODUCT OR SERVICE THAT IS THE SUBJECT MATTER OF THE CLAIM OR U.S. $5,000.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATION SHALL NOT APPLY TO CLAIMS FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE 11.3 责任限制。在适用法律允许的最大范围内，无论任何事件和情形，红帽及其关联机构对合作伙伴及其关联机构承担的因本协议或由本协议产生的任何订购表引起或与之相关的责任，包括但不限于根据履行或未履行责任的理由确定的责任，无论形式或原因，也无论是合同、侵权（包括但不限于疏忽）、法定还是其它责任，将仅限于直接损坏，总累计额不超过合作伙伴及其关联机构按照本协议规定，在第一次引发责任的事件发生前十二 (12) 个月内就涉及的红帽产品或服务支付给红帽及其关联机构的总金额，或者 5,000.00 美元，以其中较高者为准。上述限制不适用于由红帽或其雇员的疏忽造成的人身伤害（包括死亡）以及个人有形资产损坏而引起的索赔。 TO TANGIBLE PERSONAL PROPERTY CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT NEGLIGENCE OF RED HAT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADITS EMPLOYEES.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF OR INABILITY TO USE THE EQUIPMENT SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR SERVICES PERFORMED HEREUNDERMALFUNCTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. COMPANY'S ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR IN CONNECTION WITH THIS AGREEMENT OR FROM A THIRD PARTY THAT IS ACCESSED THROUGH THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS PRODUCT AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICESANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAPTHESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADYOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.

Limitation of Liability. NOTWITHSTANDING NEITHER VIASAT NOR ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY OF VIASAT’S PARTNERS SHALL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONDIRECT, INDIRECT, INCIDENTAL, SPECIAL, LIQUIDATEDPUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT SERVICE, INABILITY TO USE THE SERVICE, OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A ANY BREACH OF CONTRACT ANY REPRESENTATION OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESWARRANTY. COMPANY'S LIABILITY ON WITHOUT IN ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING WAY LIMITING THE FOREGOING, IF FOR ANY REASON, BY OPERATION OF LAW OR OTHERWISE, ANY PORTION OF THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS FOREGOING LIMITATION OF LIABILITY OR THE WARRANTIES SET FORTH IN SECTION 8.1 AND ELSEWHERE IN THIS AGREEMENT SHALL BE VOIDED, THEN IN SUCH EVENT VIASAT’S MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY AND THE LIABILITY OF VIASAT’S PARTNERS SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO VIASAT BY YOU FOR THE APPLICABLE SERVICE DURING AND FOR A RELEASE VALUE PERIOD OF $2.50 PER POUNDTIME COMMENCING UPON THE OCCURRENCE OF ANY ERROR, WITH DEFECT, OR FAILURE AND CEASING UPON THE DISCOVERY OF SUCH ERROR, DEFECT, OR FAILURE, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH PERIOD OF TIME EXCEED THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT SUCH ERROR, DEFECT, OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART. THE PARTIES ACKNOWLEDGE THAT THIS SECTION HAS BEEN INCLUDED AS A MAXIMUM RECOVERY MATERIAL INDUCEMENT FOR VIASAT TO ENTER INTO THIS AGREEMENT AND THAT VIASAT WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE LIMITATIONS OF $100,000 PER TRUCK LOAD.LIABILITY SET FORTH HEREIN

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY PEARSON AND ITS LICENSORS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS OF PROFITSSPECIAL, LOSS OF USE, BUSINESS INTERRUPTIONEXEMPLARY, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES DAMAGES; OR LOST PROFITS, LOST FUNDING, LOST SAVINGS, OR LOST OR DAMAGED DATA; OR COMMERCIAL OR ECONOMIC LOSS; OR FOR CLAIMS OF ANY KIND IN CONNECTION WITH OR A THIRD PARTY; ARISING OUT OF THIS AGREEMENT, LICENSED PRODUCT, SUPPORT, SERVICES, OR OTHER ITEMS PROVIDED, OR THE FURNISHING, PERFORMANCE USE OR INABILITY TO USE ANY OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEFOREGOING, EVEN IF COMPANY HAS PEARSON OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR THEY ARE FORESEEABLE. COMPANY'S LIABILITY ON IN ANY CLAIM EVENT, IN RESPECT OF ANY CLAIM, DEMAND OR ANY KIND OF LOSS OR DAMAGE ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AGAINST PEARSON OR FROM THE PERFORMANCE ITS LICENSORS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING A BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED PEARSON OF ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, WHETHER OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS A FUNDAMENTAL BREACH OR IMPLIEDBREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO CUSTOMER SHALL BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH RECEIVING ACTUAL AND DIRECT DAMAGES IN A MAXIMUM RECOVERY AGGREGATE AMOUNT EQUAL TO THE CHARGES PAID BY CUSTOMER TO PEARSON HEREUNDER FOR THE APPLICABLE LICENSED PRODUCT, ITEM OR SERVICE ON WHICH THE CLAIM IS BASED. IN ADDITION, IN NO EVENT WILL THE LIABILITY OF $100,000 PER TRUCK LOADPEARSON AND ITS LICENSORS RELATING TO SUPPORT OR OTHER SERVICES FOR LICENSED PRODUCT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY CUSTOMER TO PEARSON DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD WITH RESPECT TO THE PARTICULAR SUPPORT OR OTHER SERVICES ON WHICH THE CLAIM IS BASED.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT: ALL SERVICES, GOODS AND FACILITIES PROVIDED HEREUNDER ARE "AS IS", "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR USE. IN NO EVENT WILL COMPANY SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONINCIDENTAL, INDIRECT, SPECIAL, LIQUIDATEDRELIANCE, EXEMPLARY, INCIDENTAL CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERTRANSACTIONS CONTEMPLATED HEREBY, WHETHER ALLEGED AS A BREACH BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, REGARDLESS OF CONTRACT WHETHER THE SUBJECT PARTY KNEW OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. COMPANYEXCEPT FOR LIABILITY ARISING UNDER SECTION 12 OR AS A RESULT OF A PARTY"S WILLFUL MATERIAL BREACH OF THIS AGREEMENT, EITHER PARTY'S MAXIMUM AGGREGATE LIABILITY ON UNDER ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY THEORY SHALL IN NO CASE NOT EXCEED THE PAYMENTS RECEIVED AMOUNT ACTUALLY PAID BY COMPANY FROM CUSTOMER FOR eRATINGS AND NETRATINGS TO THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSACNIELSEN GROUP HEREUNDER IN THE TWELVE MONTHS BEFORE THE DATE THE CAUSE OF ACTION AROSE. In the event applicable law does not permit limitation or exclusion of liability as provided in this Section, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADthe subject limitation or exclusion of liability shall be deemed modified so as to be effective to the greatest extent permitted.

Limitation of Liability. NOTWITHSTANDING TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY PROVISION OTHER PARTY INVOLVED IN THIS AGREEMENTCREATING, IN NO EVENT PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL COMPANY BE LIABLE TO YOU FOR ANY LOSS OF INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF USEDATA, BUSINESS OR GOODWILL, SERVICE INTERRUPTION, INDIRECTCOMPUTER DAMAGE, SPECIALOR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, LIQUIDATED, EXEMPLARY, INCIDENTAL ARISING OUT OF OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS, OR ARISING OUT FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE FURNISHING, PERFORMANCE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERSERVICES, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTBASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), EVEN IF COMPANY HAS PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. COMPANY'S SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY ON ANY CLAIM FOR CONSEQUENTIAL OR ANY KIND INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LOSS OR DAMAGE LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT THESE TERMS OR FROM THE PERFORMANCE USE OF OR BREACH THEREOF BY COMPANY SHALL IN NO CASE INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE FIVE HUNDRED UNITED STATES DOLLARS (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”500). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT EXCLUSIONS AND LIMITATIONS OF OMISSION IN CONNECTION THEREWITH IN EXCESS DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE DAMAGES CAP. NOTWITHSTANDING BASIS OF THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADBARGAIN BETWEEN YOU AND US.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTTO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL COMPANY SHALL VIASAT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONDIRECT, INDIRECT, SPECIAL, LIQUIDATEDINCIDENTAL, EXEMPLARYCONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, INCIDENTAL DATA, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH PROFITS OR BUSINESS INTERUPTION) ARISING OUT OF OR RELATED TO THIS LICENSE OR THE FURNISHING, USE OR PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERSERVICE, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTSUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), EVEN IF COMPANY STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT VIASAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT DAMAGE. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”)ITS ESSENTIAL PURPOSE. COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING WITHOUT LIMITING THE FOREGOING, AS PERMITTED BY APPLICABLE LAW, VIASAT SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BUSINESS INTERRUPTION OR LOSS OF DATA ARISING FROM THE TERMINATION OF THE LICENSE RIGHTS GRANTED HEREIN AND ANY ASSOCIATED CESSATION OF THE FUNCTIONS OF THE SERVICE. VIASAT IS ACTING ON BEHALF OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY, BUT IN NO OTHER REPSECTS AND FOR NO OTHER PURPOSES. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIASAT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES CAP ON CARGO TRANSPORTED (EXCEPT AS REQUIRED BY COMPANY IS LIMITED TO A RELEASE VALUE OF APPLICABLE LAW) EXCEED $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD50.00.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY BE LIABLE FOR SHALL THE TOTAL CUMULATIVE LIABILITY OF ENTRUST, ANY LOSS INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ANY RESELLERS, OR CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF PROFITSANY OF THE FOREGOING TO YOU ARISING OUT OF OR RELATING TO ANY ENTRUST CERTIFICATE OR ANY SERVICES PROVIDED IN RESPECT TO ENTRUST CERTIFICATES, LOSS INCLUDING ANY USE OR RELIANCE ON ANY ENTRUST CERTIFICATE, EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1000.00 U.S.) ("CUMULATIVE DAMAGE CAP"). THIS LIMITATION SHALL APPLY ON A PER ENTRUST CERTIFICATE BASIS REGARDLESS OF USETHE NUMBER OF TRANSACTIONS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO SUCH ENTRUST CERTIFICATE OR ANY SERVICES PROVIDED IN RESPECT TO SUCH ENTRUST CERTIFICATE. THE FOREGOING LIMITATIONS SHALL APPLY TO ANY LIABILITY WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), BUSINESS INTERRUPTIONTORT (INCLUDING NEGLIGENCE), LEGISLATION OR ANY OTHER THEORY OF LIABILITY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, LIQUIDATEDSTATUTORY, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, RELIANCE, OR INCIDENTAL DAMAGES. IF ANY LIABILITY ARISING OUT OF OR RELATING TO AN ENTRUST CERTIFICATE OR ANY SERVICES PROVIDED IN RESPECT TO AN ENTRUST CERTIFICATE EXCEEDS THE CUMULATIVE DAMAGE CAP SET FORTH IN THIS SECTION ABOVE, THE AMOUNTS AVAILABLE UNDER THE CUMULATIVE DAMAGE CAP SHALL BE APPORTIONED FIRST TO THE EARLIEST CLAIMS TO ACHIEVE FINAL DISPUTE RESOLUTION UNLESS OTHERWISE ORDERED BY A COURT OF COMPETENT JURISDICTION. IN NO EVENT SHALL ENTRUST OR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, OR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING BE OBLIGATED TO PAY MORE THAN THE CUMULATIVE DAMAGE CAP FOR ANY ENTRUST CERTIFICATE OR ANY SERVICES PROVIDED IN RESEPCT TO AN ENTRUST CERTIFICATE REGARDLESS OF APPORTIONMENT AMONG CLAIMANTS. IN NO EVENT SHALL ENTRUST OR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, OR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING BE LIABLE FOR ANY INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY, INDIRECT, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR OTHER SIMILAR PECUNIARY LOSS) WHETHER ARISING FROM CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), LEGISLATION OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY KIND IN CONNECTION WITH LIMITED REMEDY STATED HEREIN AND EVEN IF ENTRUST OR ARISING OUT ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITY OPERATING UNDER AN ENTRUST CERTIFICATION AUTHORITY, OR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS FOREGOING HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH THOSE DAMAGES. COMPANY'S SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. THE DISCLAIMERS OF REPRESENTATIONS, WARRANTIES, AND CONDITIONS AND THE LIMITATIONS ON LIABILITIES AND REMEDIES IN THIS AGREEMENT AND IN THE ENTRUST CERTIFICATION PRACTICE STATEMENT CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT, THE ENTRUST CERTIFICATION PRACTICE STATEMENT, ANY CLAIM OTHER SUBSCRIPTION AGREEMENTS, AND ANY RELYING PARTY AGREEMENTS. YOU ACKNOWLEDGE THAT BUT FOR THESE DISCLAIMERS OF REPRESENTATIONS, WARRANTIES, AND CONDITIONS AND LIMITATIONS ON LIABILITIES AND REMEDIES, ENTRUST WOULD NOT ISSUE ENTRUST CERTIFICATES TO SUBSCRIBERS AND NEITHER ENTRUST NOR ANY ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER AN ENTRUST CERTIFICATION AUTHORITY, NOR ANY RESELLERS, CO-MARKETERS, OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSSUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER DIRECTORS OF ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED FOREGOING WOULD PROVIDE SERVICES IN RESPECT TO ENTRUST CERTIFICATES AND THAT THESE PROVISIONS PROVIDE FOR A RELEASE VALUE REASONABLE ALLOCATION OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADRISK.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION (a) IN THE PERFORMANCE OF THE SERVICES REQUIRED BY THIS AGREEMENT, FINANCIAL INSTITUTION SHALL BE ENTITLED TO RELY SOLELY ON THE INFORMATION, REPRESENTATIONS, AND WARRANTIES PROVIDED BY THIRD- PARTY SENDER PURSUANT TO THIS AGREEMENT, AND SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS THEREOF. FINANCIAL INSTITUTION SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE SERVICES EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, IN NO EVENT WILL COMPANY AND SHALL BE LIABLE ONLY FOR ANY LOSS ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING THOSE SERVICES. FINANCIAL INSTITUTION SHALL NOT BE RESPONSIBLE FOR THIRD-PARTY SENDER'S ACTS OR OMISSIONS (INCLUDING, WITHOUT LIMITATION, THE AMOUNT, ACCURACY, TIMELINESS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL TRANSMITTAL OR CONSEQUENTIAL DAMAGES AUTHORIZATION OF ANY KIND IN CONNECTION WITH ENTRY RECEIVED FROM THIRD-PARTY SENDER) OR THOSE OF ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, ANY FEDERAL RESERVE BANK, ACH OPERATOR OR TRANSMISSION OR COMMUNICATIONS FACILITY, ANY RECEIVER OR RDFI (INCLUDING, WITHOUT LIMITATION, THE RETURN OF ANY ENTRY BY SUCH RECEIVER OR RDFI), AND NO SUCH PERSON SHALL BE DEEMED FINANCIAL INSTITUTION'S AGENT. THIRD-PARTY SENDER AGREES TO INDEMNIFY FINANCIAL INSTITUTION AGAINST ANY LOSS, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS' FEES AND COSTS) RESULTING FROM OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OF ANY PERSON THAT THE FINANCIAL INSTITUTION IS RESPONSIBLE FOR ANY ACT OR OMISSION OF THIRD-PARTY SENDER OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR OTHER PERSON DESCRIBED IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”SECTION 30(a). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.

Limitation of Liability. (a) NOTWITHSTANDING ANY PROVISION ANYTHING IN THIS AGREEMENTSALES AGREEMENT TO THE CONTRARY, (I) IN NO EVENT WILL COMPANY SHALL EXTREL, ITS SUPPLIERS OR SUBCONTRACTORS BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONSPECIAL, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THIS SALES AGREEMENT OR THE FURNISHING, PERFORMANCE OR USE BREACH THEREOF, INCLUDING THE PERFORMANCE OR NON-PERFORMANCE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERSERVICES, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTBASED IN CONTRACT, INCLUDING WARRANTY, TORT, NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S STRICT LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSOTHERWISE, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCELOSS OF PROFITS OR REVENUE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS OR BY DELAYS, OR CLAIMS OF CUSTOMERS OF PURCHASER OR OTHER THIRD PARTIES FOR ANY INADEQUACY DAMAGES, AND (II) EXTREL'S MAXIMUM LIABILITY FOR ANY REASON WHATSOEVER, WHETHER BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS SALES AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING THE DESIGN, MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT, INSTALLATION, TECHNICAL DIRECTION OF INSTALLATION, INSPECTION, OPERATION OR USE OF ANY EQUIPMENT COVERED BY ANY DEFECT THEREINOR FURNISHED UNDER THIS SALES AGREEMENT, OR BY FROM ANY ACT OF OMISSION SERVICES RENDERED IN CONNECTION THEREWITH THEREWITH, SHALL IN EXCESS OF NO CASE EXCEED THE DAMAGES CAP. NOTWITHSTANDING PURCHASE PRICE ALLOCABLE TO THE FOREGOING, EQUIPMENT OR PART THEREOF OR SERVICES WHICH GIVES RISE TO THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADRELATED CLAIM.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY SHALL TDI&P BE LIABLE FOR ANY LOSS OF DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USEBUSINESS, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR LOST INFORMATION) ARISING OUT OF THE FURNISHING, PERFORMANCE OR YOUR USE OF OR INABILITY TO USE THE EQUIPMENT SOFTWARE PRODUCT(S) (INCLUDING YOUR END USER’S USE OR INABILITY TO USE THE SOFTWARE PRODUCT(S)), THE COST OF PROCUREMENT OR SUBSITITUTE GOODS AND SERVICES, STATEMENT OR CONDUCT OF ANY THIRD PARTY SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEPRODUCTS, EVEN IF COMPANY TDI&P HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S IN NO EVENT WILL TDI&P BE LIABLE FOR LOSS OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR LOSS OF BUSINESS, WHETHER DIRECT OR INDIRECT, LOSS OR CORRUPTION OF DATA), OR FOR ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES BASED IN CONTRACT, TORT OR OTHERWISE. TDI&P SHALL HAVE NO LIABILITY ON ANY CLAIM WITH RESPECT TO THE CONTENT OF THE SOFTWARE PRODUCT(S) OR ANY KIND PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR DAMAGE THE DISCLOSURE OF CONFIDENTIAL INFORMATION. IN ANY CASE, TDI&P MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THIS XXXX OR THE SOFTWARE PRODUCT(S) SHALL BE LIMITED TO THE FIFTY (50) PER CENT (%) OF THE FEE PAID BY YOU FOR THE SOFTWARE PRODUCT LICENSE AND RECEIVED BY TDI&P HEREUNDER IN CONNECTION WITH THE LAST TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR RESTRICT THE LIABILITY OF EITHER PARTY FOR: (I) DEATH OR PERSONAL INJURY RESULTING FROM THE PERFORMANCE THAT PARTY’S NEGLIGENCE; OR BREACH THEREOF BY COMPANY SHALL (II) FRAUD OR FRAUDULENT MISREPRESENTATION. NOTHING IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, SHALL EXCLUDE OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT RESTRICT THE LIABILITY OF EITHER PARTY IN RESPECT OF ANY LIABILITY WHICH CANNOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS EXCLUDED OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY RESTRICTED BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADLAW.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL THE COMPANY BE LIABLE TO THE PARTNERS OR THE PARTNERS TRADERS AND\OR ANY THIRD PARTY ENGAGING DIRECTLY OR INDIRECTLY WITH COMPANY’S TRADING SERVICES AND NO PARTY WILL BE ENTITLED TO RECOVER FROM THE COMPANY ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION TO, DAMAGES FOR ANY LOSS OF PROFITSBUSINESS, LOSS OF PROFITS OR LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER), WHETHER ALLEGED AS A BREACH BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER CAUSE OF CONTRACT ACTION RELATING TO THE COMPANY TRADING SERVICES OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEOTHERWISE RELATING TO THIS AGREEMENT, EVEN IF COMPANY EITHER PARTY HAS BEEN ADVISED INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S IN ANY EVENT, THE COMPANY LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM TO THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED PARTNER UNDER THIS AGREEMENT FOR ANY REASON WILL BE LIMITED TO THE AMOUNTS PAID TO THE PARTNER BY THE COMPANY DURING MOST RECENT THREE (3) MONTHSTHE PREVIOUS MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, INCLUDING BUT NOT LIMITED TOTO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADMISREPRESENTATION AND OTHER TORTS.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT NEITHER CLEARGOV NOR CUSTOMER WILL COMPANY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATEDPUNITIVE, EXEMPLARYCONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR CONSEQUENTIAL DAMAGES ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY KIND IN CONNECTION WITH STATUTORY DUTY, INDEMNITY OR ARISING OUT OF THE FURNISHINGCONTRIBUTION, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEOTHERWISE, EVEN IF COMPANY THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING SENTENCE. BOTH PARTIES’ TOTAL CUMULATIVE LIABILITY ON TO THE OTHER PARTY FOR ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE NOT EXCEED THE PAYMENTS RECEIVED CUMULATIVE FEES PAID BY COMPANY FROM CUSTOMER TO CLEARGOV IN THE PRECEDING TWELVE (12) MONTHS. THE FOREGOING SHALL NOT LIMIT A PARTY'S (A) PAYMENT OBLIGATIONS UNDER THE AGREEMENT; (B) LIABILITY FOR INDEMNIFICATION OBLIGATIONS UNDER SECTION 6.3; (C) LIABILITY FOR ANY BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 7; OR (D) LIABILITY FOR ITS INFRINGEMENT OR MISAPPROPRIATION OF ANY PROPRIETARY RIGHTS OF THE EQUIPMENT OR SERVICES PROVIDED UNDER OTHER PARTY. NOTHING IN THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, SHALL BE CONSTRUED AS EXCLUDING OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS LIMITING A PARTY’S LIABILITY FOR FRAUD OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, ITS LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.

Limitation of Liability. This Agreement does not limit a party’s liability for: (i) death or personal injury resulting from the negligence of a party; (ii) gross negligence, willful misconduct or violations of applicable law, or (iii) fraud or fraudulent statements made by a party to the other party in connection with this Agreement. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY: (A) DIGICERT AND ITS AFFILIATES, IN NO EVENT SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “DIGICERT ENTITIES”) WILL COMPANY NOT BE LIABLE FOR ANY LOSS OF PROFITSSPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES ARISING FROM LOSS OF USE, LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES COSTS OF ANY KIND IN CONNECTION WITH PROCURING SUBSTITUTE SOFTWARE OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE FURNISHINGSUBJECT MATTER HEREOF; AND (B) THE DIGICERT ENTITIES’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO DIGICERT IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, PERFORMANCE OR USE REGARDLESS OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERWHETHER SUCH LIABILITY ARISES FROM CONTRACT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTINDEMNIFICATION, WARRANTY, TORT (INCLUDING NEGLIGENCE), EVEN IF COMPANY STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER DIGICERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING DAMAGE. NO CLAIM, REGARDLESS OF FORM, WHICH IN ANY WAY ARISES OUT OF THIS AGREEMENT, MAY BE MADE OR IN CONNECTION WITH THIS AGREEMENT BROUGHT BY CUSTOMER OR FROM CUSTOMER’S REPRESENTATIVES MORE THAN ONE (1) YEAR AFTER THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER BASIS FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE CLAIM BECOMES KNOWN TO CUSTOMER. 7.4. Indemnity. Customer will indemnify, defend and hold harmless DigiCert and DigiCert’s employees, officers, directors, shareholders, Affiliates, and assigns (3each an “Indemnified Party”) MONTHSagainst all third party claims and all related liabilities, OR $10,000.00damages, WHICEVER IS GREATERand costs, including reasonable attorneys’ fees, arising from (i) Customer’s breach of this Agreement; (ii) Customer’s online properties for which DigiCert provides Services hereunder, or the technology or content embodied therein or made available through such properties; (iii) DigiCert’s access or use in compliance with this Agreement of any information, systems, data or materials provided by or on behalf of Customer to DigiCert hereunder, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMERiv) Customer’s failure to protect the authentication mechanisms used to secure the Portal or a Portal Account; (v) Customer’s modification of a DigiCert product or service or combination of a DigiCert product or service with any product or service not provided by DigiCert; (vi) an allegation that personal injury or property damage was caused by the fault or negligence of Customer; (vii) Customer’s failure to disclose a material fact related to the use or issuance of the Services; or (viii) an allegation that the Customer, UNDER ANY CIRCUMSTANCESor an agent of Customer, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADused DigiCert’s Services to infringe on the rights of a third party.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTAGREEMENT EXCLUDES EVERY AND ALL INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL COMPANY SHALL THE LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER – INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITSPROFITS OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF USE, FOR BUSINESS INTERRUPTION, INDIRECTFOR PERSONAL INJURY, SPECIALFOR LOSS OF PRIVACY, LIQUIDATEDFOR FAILURE TO MEET ANY DUTY INCLUDING— TO THE FULLEST EXTENT PERMITTED BY LAW--THE DUTIES OF GOOD FAITH AND FAIR DEALING, EXEMPLARYOR OF REASONABLE CARE, INCIDENTAL FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR CONSEQUENTIAL DAMAGES OTHER LOSS WHATSOEVER -- ARISING OUT OF OR IN ANY KIND IN CONNECTION WITH WAY RELATED TO THE USE OF, OR INABILITY TO USE, THE SOFTWARE, THE PROVISION OF, OR FAILURE TO PROVIDE, REQUIRED SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT SOFTWARE, OR SERVICES PERFORMED HEREUNDEROTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, WHETHER ALLEGED AS A EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, PRODUCT LIABILITY, BREACH OF CONTRACT OR TORTIOUS CONDUCTBREACH OF WARRANTY BY THE LICENSOR, INCLUDING NEGLIGENCE, AND EVEN IF COMPANY THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S THE LICENSOR´S CUMULATIVE AGGREGATE LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF UNDER OR IN CONNECTION WITH THIS AGREEMENT OR FROM SHALL BE LIMITED TO THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER AMOUNT PAID FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO THEN- IN-EFFECT SINGLE TERM OF THE MAINTENANCE AGREEMENT, WARRANTY IF ANY (EXPRESS OR IMPLIEDTHEN-IN-EFFECT SINGLE TERM MEANING THE TERM DURING WHICH THE MAINTENANCE SERVICES WERE PROVIDED THAT CAUSE LIABILITY.), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHALL THE COMPANY OR ITS DISTRIBUTORS BE LIABLE FOR ANY LOSS OF PROFITSDAMAGES WHATSOEVER, LOSS OF USE, BUSINESS INTERRUPTIONWHETHER DIRECT, INDIRECT, SPECIAL, LIQUIDATEDINCIDENTAL, EXEMPLARYCONSEQUENTIAL, INCIDENTAL OR CONSEQUENTIAL PUNITIVE DAMAGES, AND WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF ANY KIND IN CONNECTION WITH BUSINESS INFORMATION OR OTHER BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCETHIS AGREEMENT, EVEN IF THE COMPANY HAS OR ITS DISTRIBUTORS OR THEIR REPRESENTATIVE(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ; AND IN NO EVENT SHALL THE COMPANY'S OR ITS DISTRIBUTORS' LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS EXPOSURE TO THE END-USER OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED END-USER'S ASSIGNEE UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, EVER EXCEED THE END-USER'S PURCHASE PRICE FOR THE SOFTWARE LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “LIMITATION OF DAMAGES CAP”)IN CERTAIN TRANSACTIONS. IN SUCH JURISDICTIONS SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY. THE COMPANY SHALL NOT BE LIABLE FOR ANY CONTAMINATION OR LOSS OF DATA OR ANY ADVERSE IMPACT, FINANCIAL, TECHNICAL OR OTHERWISE, DUE TO CUSTOMER, UNDER YOUR OR ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS THIRD PARTY'S MISUSE OR IMPLIED), TORT (INCLUDING, BUT MISAPPROPRIATION OF THE SOFTWARE OR ANY ACT NOT LIMITED TO, NEGLIGENCE, LICENSED OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY APPROVED BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT EXPRESS TERMS OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADTHIS AGREEMENT.

Limitation of Liability. This Agreement does not limit a party’s liability for: (i) death or personal injury resulting from the negligence of a party; (iii) gross negligence, willful misconduct or violations of applicable law, or (iii) fraud or fraudulent statements made by a party to the other party in connection with this Agreement. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY: (A) DIGICERT AND ITS AFFILIATES, IN NO EVENT SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “DIGICERT ENTITIES”) WILL COMPANY NOT BE LIABLE FOR ANY LOSS OF PROFITSSPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES ARISING FROM LOSS OF USE, LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES COSTS OF ANY KIND IN CONNECTION WITH PROCURING SUBSTITUTE SOFTWARE OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE FURNISHINGSUBJECT MATTER HEREOF; AND (B) THE DIGICERT ENTITIES’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WILL NOT EXCEED THE AMOUNTS PAID BY OR ON BEHALF OF SUBSCRIBER TO DIGICERT IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, PERFORMANCE OR USE REGARDLESS OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERWHETHER SUCH LIABILITY ARISES FROM CONTRACT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTINDEMNIFICATION, WARRANTY, TORT (INCLUDING NEGLIGENCE), EVEN IF COMPANY STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER DIGICERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING DAMAGE. NO CLAIM, REGARDLESS OF FORM, WHICH IN ANY WAY ARISES OUT OF THIS AGREEMENT, MAY BE MADE OR IN CONNECTION WITH THIS AGREEMENT BROUGHT BY SUBSCRIBER OR FROM SUBSCRIBER’S REPRESENTATIVES MORE THAN ONE (1) YEAR AFTER THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER BASIS FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED CLAIM BECOMES KNOWN TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADSUBSCRIBER.

Limitation of Liability. NOTWITHSTANDING END USER RECOGNIZES THAT THE INTERNET CONSISTS OF MULTIPLE PARTICIPATING NETWORKS WHICH ARE SEPARATELY OWNED AND THEREFORE ARE NOT SUBJECT TO THE CONTROL OF CUSTOMER OR ITS LICENSORS. MALFUNCTION OF, OR CESSATION OF INTERNET SERVICES BY ISPS OR OF ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY OF THE NETWORKS WHICH FORM THE INTERNET MAY MAKE THE SERVICES TEMPORARILY OR PERMANENTLY UNAVAILABLE. END USER AGREES THAT CUSTOMER AND ITS LICENSORS SHALL NOT BE LIABLE FOR DAMAGES INCURRED OR SUMS PAID WHEN THE SERVICES ARE TEMPORARILY OR PERMANENTLY UNAVAILABLE DUE TO MALFUNCTION OF OR CESSATION OF INTERNET SERVICES BY NETWORK (S) OR ISPS NOT SUBJECT TO THE CONTROL OF CUSTOMER OR ITS LICENSORS, OR DUE TO ANY LOSS ACCIDENT OR ABUSE BY END USER. NEUSTAR IS NOT LIABLE FOR ANY BREACH OF SECURITY ON END USER’S NETWORK, REGARDLESS OF WHETHER ANY REMEDY PROVIDED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. NEITHER CUSTOMER NOR ITS LICENSORS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING (INCLUDING SUSPENDING OR DISCONTINUING SERVICE) OR SUPPORTING THE SERVICE SHALL BE LIABLE TO END USER, ANY REPRESENTATIVE, OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE (INCLUDING CATASTROPHIC SITUATIONS BEYOND THE CONTROL OF CUSTOMER OR ITS SUPPLIERS AND LICENSORS), INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, LOSS OF USETECHNOLOGY, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL RIGHTS OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCESERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). COMPANY'S LIABILITY ON END USER AGREES THAT IT WILL NOT IN ANY CLAIM WAY HOLD CUSTOMER OR ITS LICENSORS RESPONSIBLE FOR TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF CUSTOMER’S INFORMATION CARRIED OVER INTER EXCHANGE CARRIERS’, LOCAL EXCHANGE CARRIERS’, OR OTHER PROVIDERS’ FACILITIES. END USER AGREES THAT IT WILL NOT IN ANYWAY HOLD CUSTOMER OR ITS LICENSORS RESPONSIBLE FOR ANY KIND OF LOSS SELECTION OR DAMAGE ARISING OUT OF RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THIS AGREEMENT THE SERVICE (INCLUDING THOSE WITH WHOM CUSTOMER OR FROM ITS LICENSORS MAY CONTRACT TO OPERATE THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”SERVICE). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN EXCEPT FOR COMPANY’S OBLIGATIONS UNDER ARTICLE 2 AND ITS PAYMENT OBLIGATIONS UNDER THIS AGREEMENT, AND EITHER PARTY’S CONFIDENTIALITY OBLIGATIONS UNDER ARTICLE 10.3, WITH RESPECT TO DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT INCLUDING ALL ORDER FORMS, THE PROVIDER TECHNOLOGY, SERVICES OR DOCUMENTATION, IN NO EVENT WILL COMPANY BE LIABLE EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER CONTRACT, TORT, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY, OR OTHERWISE, FOR (A) ANY LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF USEDATA OR INTERRUPTION OF SERVICES, BUSINESS INTERRUPTIONLOSS OF ANTICIPATED SAVINGS OR BENEFITS, COVER OR ANY INDIRECT, INCIDENTAL, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHINGPUNITIVE DAMAGES, PERFORMANCE LOSSES, COSTS OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EXPENSES; EVEN IF COMPANY A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON , LOSSES, COSTS OR EXPENSES, OR IF ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR EXCLUSIVE REMEDY PROVIDED FOR IN CONNECTION WITH THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3B) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH AMOUNTS IN EXCESS OF THE DAMAGES CAPFEES RECEIVED BY PROVIDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION GIVING RISE TO THE LIABILITY WITH RESPECT TO THE PARTICULAR ITEMS (WHETHER PROVIDER TECHNOLOGY, SERVICES OR OTHERWISE) GIVING RISE TO LIABILITY UNDER THE MOST APPLICABLE ORDERING DOCUMENT. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADThe provisions of this Article allocate the risks under this Agreement between Provider and Company and are an intrinsic part of the bargain between the parties. The fees provided for in this Agreement reflect this allocation of risks and the limitation of liability specified herein.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTEXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY TESSIAN, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE UNDER THE AGREEMENT FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF CUSTOMER’S USE, OR INABILITY TO USE, THE POV SERVICES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, BUSINESS INTERRUPTIONLOSS OF GOODWILL, INDIRECTAND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEOTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED FORESEEABLE. IF TO BE PROVIDED AS PART OF THE POSSIBILITY OF SUCH POV SERVICES, TESSIAN WILL USE REASONABLE ENDEAVOURS TO PRODUCE A REPORT, BUT SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR EXPENSES SUFFERED OR INCURRED BY THE CUSTOMER DUE TO ANY DELAY OR FAILURE TO PRODUCE A REPORT. COMPANY'S AS THE POV SERVICES ARE PROVIDED WITHOUT CHARGE, AS FAR AS PERMITTED BY APPLICABLE LAW, TESSIAN’S MAXIMUM AGGREGATE LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE TO THE CUSTOMER ARISING OUT OF OR IN CONNECTION WITH THIS THE PROVISION OF THE POV SERVICES UNDER THE AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE BE LIMITED TO £10,000 (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”10,000 FOR CUSTOMERS BASED IN THE USA). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOINGTERMS OF THE AGREEMENT, NEITHER PARTY'S LIABILITY IS EXCLUDED OR LIMITED BY THE DAMAGES CAP ON CARGO TRANSPORTED AGREEMENT IN THE EVENT OF: (A) DEATH OR PERSONAL INJURY CAUSED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADITS NEGLIGENCE; (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY WHICH MAY NOT LAWFULLY BE EXCLUDED OR LIMITED.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTEXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN AND EXCEPT FOR INDEMNIFIED THIRD PARTY CLAIMS PURSUANT TO SECTION 4.3 OR SECTION 4.4, AS APPLICABLE, IN NO EVENT WILL COMPANY PURCHASER OR ANY SELLER BE LIABLE TO THE SELLERS OR PURCHASER, AS APPLICABLE, UNDER THIS AGREEMENT OR OTHERWISE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECTCONSEQUENTIAL, SPECIAL, LIQUIDATEDINCIDENTAL, EXEMPLARY, INCIDENTAL STATUTORY, OR CONSEQUENTIAL PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH RELATED TO THIS AGREEMENT AGREEMENT; PROVIDED THAT A LOSS OR FROM THE PERFORMANCE INABILITY TO CLAIM TAX CREDITS OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS*** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. Development, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY EPC and Purchase Agreement OTHER ADVERSE TAX CONSEQUENCES SHALL NOT BE LIABLE TO CUSTOMERTREATED AS CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, STATUTORY, OR PUNITIVE DAMAGES. IN ADDITION, WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF PURCHASER OR THE TOTAL AGGREGATE LIABILITY OF BOTH SELLERS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED *** ; PROVIDED THAT SUCH LIMITATION SHALL NOT APPLY TO REDUCE ANY CIRCUMSTANCESPARTY’S OBLIGATION TO INDEMNIFY ANOTHER PARTY (A) TO THE EXTENT OF THE PROCEEDS OF INSURANCE OTHERWISE PAYABLE TO THE INDEMNIFYING PARTY, WHETHER PURSUANT TO AGREEMENT, WARRANTY OR (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, B) FOR LOSSES CAUSED BY THE GROSS NEGLIGENCE, FRAUD OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS WILLFUL MISCONDUCT OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADINDEMNIFYING PARTY.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY SHALL ANY CLICKBANK PARTY, OR ITS HEIRS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OF PROFITSINDIRECT, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECTINCIDENTAL, SPECIAL, LIQUIDATEDPUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THIS AGREEMENT AND/OR ARISING OUT ANY (A) USE OF OR INABILITY TO USE THE FURNISHINGCLICKBANK SERVICES, PERFORMANCE (B) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE EQUIPMENT CLICKBANK SERVICES, (C) UNAUTHORIZED ACCESS TO OR SERVICES PERFORMED HEREUNDERUSE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CLICKBANK SERVICES, AND/OR (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE CLICKBANK SERVICES, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN NOT CLICKBANK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY ON OF CLICKBANK FOR ALL COSTS, LOSSES OR DAMAGES FROM CLAIMS ARISING UNDER OR RELATED IN ANY CLAIM WAY TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE PERFORMANCE OR BREACH THEREOF TOTAL AMOUNTS DUE AND PAYABLE BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED CLICKBANK TO YOU UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSFOR THE MONTH IMMEDIATELY PRECEDING THE DATE UPON WHICH SUCH DAMAGES ACCRUE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE CLICKBANK SERVICES, AND ANY SERVICES OR $10,000.00INFORMATION OFFERED THROUGH THE CLICKBANK SERVICES, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL WOULD NOT BE LIABLE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO CUSTOMERHAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, UNDER ANY CIRCUMSTANCESIN SUCH JURISDICTIONS, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO YOU AGREE THAT THE LIABILITY OF CLICKBANK SHALL BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADTHE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.

Limitation of Liability. This Agreement does not limit a party’s liability for: (i) death or personal injury resulting from the negligence of a party; (iii) gross negligence, willful misconduct or violations of applicable law, or (iii) fraud or fraudulent statements made by a party to the other party in connection with this Agreement. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY: (A) QUOVADIS AND ITS AFFILIATES, IN NO EVENT SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “QUOVADIS ENTITIES”) WILL COMPANY NOT BE LIABLE FOR ANY LOSS OF PROFITSSPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES ARISING FROM LOSS OF USE, LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES COSTS OF ANY KIND IN CONNECTION WITH PROCURING SUBSTITUTE SOFTWARE OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE FURNISHINGSUBJECT MATTER HEREOF; AND (B) THE QUOVADIS ENTITIES’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO QUOVADIS IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, PERFORMANCE OR USE REGARDLESS OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERWHETHER SUCH LIABILITY ARISES FROM CONTRACT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTINDEMNIFICATION, WARRANTY, TORT (INCLUDING NEGLIGENCE), EVEN IF COMPANY STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER QUOVADIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING DAMAGE. NO CLAIM, REGARDLESS OF FORM, WHICH IN ANY WAY ARISES OUT OF THIS AGREEMENT, MAY BE MADE OR IN CONNECTION WITH THIS AGREEMENT BROUGHT BY CUSTOMER OR FROM CUSTOMER’S REPRESENTATIVES MORE THAN ONE (1) YEAR AFTER THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER BASIS FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE CLAIM BECOMES KNOWN TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.

Limitation of Liability. NOTWITHSTANDING AVID’S LIABILITY ON ANY PROVISION IN THIS ACTIONS, CLAIMS, OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE PURCHASE AGREEMENT, THE PERFORMANCE OR BREACH OF THE PURCHASE AGREEMENT OR CONNECTED IN ANY MANNER WITH THE SUPPLYING OF ANY PRODUCTS OR SERVICES HEREUNDER, THE DESIGN, THE SALE, RESALE, OPERATION OR USE ALLOCABLE TO SUCH PRODUCTS, PART OR SERVICES THEREOF INVOLVED IN THE CLAIM, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NELIGENCE AND FOR PROPERTY DAMAGE, PERSONAL INJURY AND DEATH) OR OTHER GROUNDS, SHALL NOT IN ANY EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT, PARTS OR SERVICES INVOLVED IN THE CLAIM, REGARDLESS OF CAUSE OR FAULT. IN NO EVENT WILL COMPANY SHALL AVID BE LIABLE FOR CLAIMS BASED UPON BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED WARRANTY, OR NELIGENCE FOR ANY DAMAGES, WHETHER DIRECT, IMMEDIATE, OR FORESEEABLE FOR ANY EXPENSES INCURRED BY REASON OF THE USE OR MISUSE, DESIGN, SALE OR PRODUCTION OF THE PRODUCT, THE COMPONENTS THEREFOR, OTHER PRODUCTS OR SERVICES, WHICH DO OR DO NOT COMFORM TO THE PURCHASE AGREEMENT. AVID SHALL NOT BE RESPONSIBLE TO PURCHASER OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUES, SALES, DATA, BUSINESS, GOODWILL OR USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY AVID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT DAMAGE. THESE DISCLAIMERS AND LIMITATIONS OF OR LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION IN CONNECTION WITH THIS ANY OTHER AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”)DOCUMENT. COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.Any cause of action against AVID must be instituted within one

Limitation of Liability. NOTWITHSTANDING EXCEPT FOR THE LIABILITIES ARISING FROM PALO ALTO NETWORKS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE CUMULATIVE LIABILITY OF PALO ALTO NETWORKS FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT AND APPLICABLE SOW(S), INCLUDING WITHOUT LIMITATION ANY PROVISION CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL AMOUNTS PAID TO PALO ALTO NETWORKS BY YOU UNDER THIS AGREEMENT, AGREEMENT IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. IN NO EVENT WILL COMPANY SHALL PALO ALTO NETWORKS BE LIABLE FOR ANY LOSS OF LOST BUSINESS OR PROFITS, OR OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES PERFORMED UNDER THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, BUSINESS INTERRUPTIONOR PROFITS, INDIRECTOR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL SERVICES OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEOTHER GOODS), EVEN IF COMPANY PALO ALTO NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSThe disclaimers, OR $10,000.00exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Parties and, WHICEVER IS GREATERabsent any of such disclaimers, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMERexclusions or limitations of liability, UNDER ANY CIRCUMSTANCESthe provisions of this Agreement, WHETHER PURSUANT TO AGREEMENTincluding without limitation the economic terms, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADwould be substantially different.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT WILL COMPANY NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH LOSSES OR ARISING OUT OF THE FURNISHINGDAMAGES, PERFORMANCE SPECIAL OR USE OF THE EQUIPMENT PUNITIVE DAMAGES, OR SERVICES PERFORMED HEREUNDERFOR LOST PROFITS, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING WHICH ARISE OUT OF OR IN CONNECTION WITH RELATE TO THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF WHETHER IN CONTRACT, TORT OR OTHERWISE. EXCEPT FOR A BREACH BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED SELLER OF ITS WARRANTY OBLIGATIONS UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSSECTION 7 ABOVE, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SELLER SHALL NOT BE LIABLE TO BUYER FOR ANY DAMAGES OR LOSSES RESULTING FROM BUYER’S OR BUYER’S EMPLOYEE’S, CUSTOMER’S, UNDER CONTRACTOR’S OR AGENT’S ACTIONS OR INACTIONS FOLLOWING DELIVERY OF THE PRODUCT FROM SELLER TO BUYER HEREUNDER, INCLUDING WITHOUT LIMITATION THE IMPROPER USE OF THE PRODUCT. EACH PARTY’S RECOVERY WITH RESPECT TO ANY CIRCUMSTANCESCLAIM, WHETHER LOSS, EXPENSE, OBLIGATION OR LIABILITY HEREUNDER, OR PURSUANT TO AGREEMENTTHE TERMS HEREOF OR IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREBY, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT SHALL BE LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY DIRECT DAMAGES FLOWING FROM ANY BREACH BY THE EQUIPMENT OR SERVICESOTHER PARTY OF THIS CONTRACT, OR INCLUDING WITHOUT LIMITATION ANY DIRECT DAMAGES ARISING FROM A BREACH BY ANY INADEQUACY THEREOFSELLER OF ITS WARRANTY OBLIGATIONS IN SECTION 7 ABOVE. Further, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADany actions to enforce any rights or obligations under this Agreement must be filed in court against the other party no later than one (1) year after the date on which the alleged breach of this Agreement occurred.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT NEITHER PARTY WILL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, USE, BUSINESS INTERRUPTIONDATA, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, OTHER INTANGIBLE LOSSES (EVEN IF COMPANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM ANY ACT OR OMISSION BY SUCH DAMAGESPARTY UNDER THIS AGREEMENT AND THE APPLICABLE ORDER. COMPANY'S EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 9, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE FUNCTIONIZE AND ITS LICENSORS ARISING OUT OF OR IN CONNECTION WITH RELATED TO THIS AGREEMENT AND THE AUTHORIZED USE OF THE FUNCTIONIZE SOLUTION (REGARDLESS OF WHETHER ANY ACTION OR FROM THE PERFORMANCE CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE OTHERWISE), EXCEED THE PAYMENTS RECEIVED AMOUNTS, IF ANY, THAT ARE PAID OR PAYABLE BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT (OR SERVICES PROVIDED ITS RESELLER) TO FUNCTIONIZE UNDER THIS AGREEMENT DURING MOST RECENT THREE FOR THE TWELVE (312) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED MONTH PERIOD PRIOR TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAPCLAIM. NOTWITHSTANDING THE FOREGOING, FUNCTIONIZE’S LIABILITY FOR INDEMNIFICATION OBLIGATIONS UNDER SECTION 9 OF THIS AGREEMENT SHALL NOT EXCEED, IN THE DAMAGES CAP ON CARGO TRANSPORTED AGGREGATE, TWO TIMES (2X) THE AMOUNTS THAT ARE PAID OR PAYABLE BY COMPANY IS LIMITED CUSTOMER (OR ITS RESELLER) TO A RELEASE VALUE FUNCTIONIZE UNDER THIS AGREEMENT FOR THE TWELVE (12) MONTH PERIOD PRIOR TO FIRST OCCURRENCE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADTHE EVENTS GIVING RISE TO THE INDEMNIFICATION CLAIM. These exclusions are meant to apply to the fullest extent permitted by applicable law and regardless of the failure of any specific remedy.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY SHALL PROGRESS’S TOTAL LIABILITY IN RESPECT OF ANY AND ALL CLAIMS OF ANY KIND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH, OR RESULTING FROM PROGRESS'S PERFORMANCE OR BREACH OF THIS WARRANTY, OR FROM PROGRESS'S SALE, DELIVERY, RESALE, REPAIR, OR REPLACEMENT OF ANY PRODUCT(S) OR THE FURNISHING OF ANY SERVICE, EXCEED THE PURCHASE PRICE ALLOCABLE TO THE PRODUCT(S) THAT GIVE RISE TO THE CLAIM, AND ANY AND ALL SUCH LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIOD. IN NO EVENT SHALL PROGRESS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATEDINCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL MULTIPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEPUNITIVE DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S , WHETHER AS THE RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY ON ANY CLAIM OR ANY KIND OTHER THEORY, INCLUDING WITHOUT LIMITATION LABOR OR EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PARTS, LOSS OF TIME, PROFITS OR REVENUES, LACK OR LOSS OF PRODUCTIVITY, LOSS OF USE OF THE PRODUCT(S) OR ANY ASSOCIATED EQUIPMENT, INTEREST CHARGES OR COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES, SYSTEMS, SERVICES OR DOWNTIME COSTS, DAMAGE TO OR LOSS OF PROPERTY OR EQUIPMENT, ANY INCONVENIENCE, COST OR DAMAGE ARISING OUT OF ANY DELAY IN PERFORMING, FAILURE TO PERFORM OR OTHER BREACH OF THE FOREGOING WARRANTY OR OBLIGATIONS UNDER SUCH WARRANTY, OR CLAIMS OF THIRD PARTIES AGAINST THE PURCHASER OF THE PRODUCTS OR THE END USER, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSSALE, INSTALLATION, USE OF, INABILITY TO USE, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS THE REPAIR OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS REPLACEMENT OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADPRODUCTS.

Limitation of Liability. 10.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ELECTRIC (AND ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES) AND CUSTOMER SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY PROVISION IN SUBJECT MATTER OF THIS AGREEMENTAGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, IN NO EVENT WILL COMPANY BE LIABLE NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEDAMAGES, EVEN IF COMPANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF DAMAGE; OR (B) FOR ANY DAMAGES, IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSAGGREGATE, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAPFEES PAID OR PAYABLE BY CUSTOMER TO ELECTRIC FOR THE ELECTRIC PLATFORM AND SUPPORT SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM GIVING RISE TO SUCH DAMAGES. IN ADDITION, NOTWITHSTANDING ANYTHING TO THE FOREGOINGCONTRARY, AND EXCEPT TO THE DAMAGES CAP ON CARGO TRANSPORTED EXTENT PROHIBITED BY COMPANY IS LIMITED APPLICABLE LAW, IN NO EVENT SHALL ELECTRIC (OR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES) BE RESPONSIBLE OR LIABLE WITH RESPECT TO A RELEASE VALUE ANY LOSS OR INACCURACY OR CORRUPTION OF $2.50 PER POUNDDATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADSERVICE OR TECHNOLOGY.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY NI SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION(I) SPECIAL, INDIRECT, SPECIALINCIDENTAL, LIQUIDATEDPUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE PRODUCTS OR BREACH THEREOF SERVICES; OR (II) ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE, INCLUDING ANY COSTS OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICES; (B) LOSS OF, CORRUPTION OF, OR LOSS OF USE OF ANY PRODUCTS, HARDWARE, SOFTWARE OR DATA; (C) LOSS OF REVENUE, PROFIT, OR BUSINESS OPPORTUNITY; (D) BUSINESS INTERRUPTION OR DOWNTIME; OR (E) INABILITY TO ACHIEVE A PARTICULAR RESULT, EVEN IF IT IS AT SUGGESTION MADE BY COMPANY NI. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF NI ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS OR SERVICES, SHALL IN NO CASE NOT EXCEED THE PAYMENTS RECEIVED AMOUNT OF THE FEES PAID BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT SPECIFIC PRODUCT OR SERVICES PROVIDED UNDER SERVICE GIVING RISE TO SUCH CLAIM. THIS AGREEMENT DURING MOST RECENT THREE SECTION: (1) APPLIES TO NI AND ITS LICENSORS, DISTRIBUTORS, AND SUPPLIERS (INCLUDING ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), (2) REFLECTS AN ALLOCATION OF RISK BETWEEN NI AND CUSTOMER IN VIEW OF THE PURCHASE PRICE OF THE PRODUCTS AND SERVICES, (3) MONTHSAPPLIES EVEN IF NI HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES AND REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED OR ACTUAL NEGLIGENCE OF NI, OR $10,000.00AND (4) REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, WHICEVER IS GREATERWARRANTY, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TOSTRICT LIABILITY, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICESTORT, OR BY ANY INADEQUACY THEREOF, OTHERWISE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS UNENFORCEABLE OR BY ANY DEFECT THEREIN, OR BY ANY ACT FAILS OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOINGITS ESSENTIAL PURPOSE, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS SOLE LIABILITY OF NI TO CUSTOMER SHALL BE LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADFIFTY THOUSAND DOLLARS (50,000 USD).

Limitation of Liability. NOTWITHSTANDING ANY PROVISION EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT THE CREDIT UNION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF THE SERVICE OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO THE SERVICE. THE CREDIT UNION SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE SERVICES EXPRESSLY PROVIDED FOR IN THIS AGREEMENT AND SHALL BE LIABLE ONLY FOR ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING THOSE SERVICES. THE CREDIT UNION SHALL NOT BE RESPONSIBLE FOR YOUR ACTS OR OMISSIONS, INCLUDING WITHOUT LIMITATION, THE AMOUNT, ACCURACY, OR TIMELINESS OF TRANSMITTAL, OR THOSE OF ANY PERSON, INCLUDING, WITHOUT LIMITATION ANY FEDERAL RESERVE FINANCIAL INSTITUTION OR TRANSMISSION OR COMMUNICATIONS FACILITY, AND NO SUCH PERSON SHALL BE DEEMED THE CREDIT UNION’S AGENT. YOU AGREE TO INDEMNIFY THE CREDIT UNION AGAINST ANY CLAIMS, DAMAGES, LOSS LIABILITY OR EXPENSE (INCLUDING ATTORNEYS’ FEES) RESULTING FROM OR ARISING OUT OF ANY CLAIM OF ANY PERSON THAT THE CREDIT UNION IS RESPONSIBLE FOR ANY ACT OR OMISSION OF YOURS, OR ANY OTHER PERSON DESCRIBED IN THIS PARAGRAPH. IN NO EVENT WILL COMPANY SHALL THE CREDIT UNION BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECTCONSEQUENTIAL, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF INDIRECT LOSS OR DAMAGE ARISING OUT OF WHICH YOU MAY INCUR OR SUFFER IN CONNECTION WITH THIS AGREEMENT AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM THE PERFORMANCE CREDIT UNION’S ACTS OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER OMISSIONS PURSUANT TO THIS AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTAGREEMENT EXCLUDES EVERY INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL COMPANY SHALL THE LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER – INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITSPROFITS OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF USE, FOR BUSINESS INTERRUPTION, INDIRECTFOR PERSONAL INJURY, SPECIALFOR LOSS OF PRIVACY, LIQUIDATEDFOR FAILURE TO MEET ANY DUTY INCLUDING— TO THE FULLEST EXTENT PERMITTED BY LAW--THE DUTIES OF GOOD FAITH AND FAIR DEALING, EXEMPLARYOR OF REASONABLE CARE, INCIDENTAL FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR CONSEQUENTIAL DAMAGES OTHER LOSS WHATSOEVER -- ARISING OUT OF OR IN ANY KIND IN CONNECTION WITH WAY RELATED TO THE USE OF, OR INABILITY TO USE, THE SOFTWARE, THE PROVISION OF, OR FAILURE TO PROVIDE, REQUIRED SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT SOFTWARE, OR SERVICES PERFORMED HEREUNDEROTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, WHETHER ALLEGED AS A EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, PRODUCT LIABILITY, BREACH OF CONTRACT OR TORTIOUS CONDUCTBREACH OF WARRANTY BY THE LICENSOR, INCLUDING NEGLIGENCE, AND EVEN IF COMPANY THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S THE LICENSOR´S CUMULATIVE AGGREGATE LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF UNDER OR IN CONNECTION WITH THIS AGREEMENT OR FROM SHALL BE LIMITED TO THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER AMOUNT PAID FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSSOFTWARE, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADIF ANY.

Limitation of Liability. NOTWITHSTANDING TO THE EXTENT SUCH LIMITATION OF LIABILITY IS PERMITTED BY LAW, (i) BANK WILL NOT BE LIABLE FOR ANY PROVISION IN THIS AGREEMENTINDIRECT, IN NO EVENT SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES, WHETHER OR NOT FORESEEABLE, (ii) BANK WILL COMPANY NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH THIS AGREEMENT ANY INACCURACY, ACT OR FROM FAILURE TO ACT ON THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSPART OF ANY PERSON NOT WITHIN BANK’S REASONABLE CONTROL, OR $10,000.00ANY ERROR, WHICEVER IS GREATERFAILURE, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMEROR DELAY IN EXECUTION OF ANY TRANSACTION RESULTING FROM CIRCUMSTANCES BEYOND BANK’S REASONABLE CONTROL, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCEANY INOPERABILITY OF COMMUNICATIONS FACILITIES OR OTHER TECHNOLOGICAL FAILURE, AND (iii) BANK WILL NOT LIABLE FOR ANYTHING RELATING TO YOUR USE OF THE COMMERCIAL CARD, THE ACCOUNT OR THIS AGREEMENT EXCEPT TO THE EXTENT DIRECTLY ARISING AS A RESULT OF BANK’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. PROVIDED BANK HAS COMPLIED WITH ITS OBLIGATIONS UNDER THIS AGREEMENT, AND SUBJECT TO APPLICABLE LAW, YOU AND YOUR EMPLOYER AGREE TO INDEMNIFY, DEFEND, AND HOLD BANK HARMLESS AGAINST ANY THIRD PARTY CLAIM ARISING FROM, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED IN CONNECTION WITH, DIRECTLY OR INDIRECTLY BY INDIRECTLY, YOUR USE OF THE EQUIPMENT OR SERVICESCOMMERCIAL CARD, THE ACCOUNT, THIS AGREEMENT, OR ANY RELATED SERVICE PROVIDED BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADBANK.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY SHALL TOTAL LIABILITY IN RESPECT OF ANY AND ALL CLAIMS OF ANY KIND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH, OR RESULTING FROM PERFORMANCE OR BREACH OF THIS WARRANTY, OR FROM SALE, DELIVERY, RESALE, REPAIR, OR REPLACEMENT OF ANY PRODUCT(S) OR THE FURNISHING OF ANY SERVICE, EXCEED THE PURCHASE PRICE ALLOCABLE TO THE PRODUCT(S) THAT GIVE RISE TO THE CLAIM, AND ANY AND ALL SUCH LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIOD. IN NO EVENT SHALL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATEDINCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL MULTIPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEPUNITIVE DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S , WHETHER AS THE RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY ON ANY CLAIM OR ANY KIND OTHER THEORY, INCLUDING WITHOUT LIMITATION LABOR OR EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PARTS, LOSS OF TIME, PROFITS OR REVENUES, LACK OR LOSS OF PRODUCTIVITY, LOSS OF USE OF THE PRODUCT(S) OR ANY ASSOCIATED EQUIPMENT, INTEREST CHARGES OR COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES, SYSTEMS, SERVICES OR DOWNTIME COSTS, DAMAGE TO OR LOSS OF PROPERTY OR EQUIPMENT, ANY INCONVENIENCE, COST OR DAMAGE ARISING OUT OF ANY DELAY IN PERFORMING, FAILURE TO PERFORM OR OTHER BREACH OF THE FOREGOING WARRANTY OR OBLIGATIONS UNDER SUCH WARRANTY, OR CLAIMS OF THIRD PARTIES AGAINST THE PURCHASER OF THE PRODUCTS OR THE END USER, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSSALE, INSTALLATION, USE OF, INABILITY TO USE, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS THE REPAIR OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS REPLACEMENT OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADPRODUCTS.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION OTHER TERM OR CONDITION OF THIS LETTER AGREEMENT BUT SUBJECT TO THE CLOSING SPECIFIC PERFORMANCE REMEDY, (A) THE LIABILITY OF INVESTOR WITH RESPECT TO ANY LOSS, DEFICIENCY, LIABILITY, OBLIGATION, SUIT, ACTION, CLAIM, DAMAGE, COST OR EXPENSE (INCLUDING COURT COSTS, AMOUNTS PAID IN SETTLEMENT, JUDGMENTS, OUT OF POCKET ATTORNEYS’ FEES OR OTHER OUT-OF-POCKET COSTS AND EXPENSES, INCLUDING INTEREST AND PENALTIES, COSTS AND EXPENSES FOR INVESTIGATING, DEFENDING AND ENFORCING ITS RIGHTS) (ANY “DAMAGES”) INCURRED BY THE COMPANY IN CONNECTION WITH ANY BREACH BY PARENT OR MERGER SUB OF ITS OBLIGATIONS CONTAINED IN THE MERGER AGREEMENT OR ANY BREACH BY INVESTOR OF THIS AGREEMENTLETTER AGREEMENT SHALL, IN UNDER NO EVENT WILL COMPANY BE LIABLE FOR CIRCUMSTANCES, WHETHER ON ACCOUNT OF ANY LOSS CLAIM OF PROFITSACTUAL, LOSS OF USE, BUSINESS INTERRUPTIONSPECIAL, INDIRECT, SPECIALPUNITIVE, LIQUIDATEDINCIDENTAL, EXEMPLARYCONSEQUENTIAL OR ANY OTHER FORM OF DAMAGES OR OTHERWISE, INCIDENTAL OR CONSEQUENTIAL DAMAGES EXCEED AN AMOUNT EQUAL TO THE WILLFUL BREACH CAP AMOUNT (OR, IN THE CASE OF ANY KIND IN CONNECTION WITH OR ARISING OUT A TERMINATION OF THE FURNISHING, PERFORMANCE OR USE MERGER AGREEMENT PURSUANT TO SECTION 8.1(C) OF THE EQUIPMENT MERGER AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE PARENT TERMINATION FEE), (B) UNDER NO CIRCUMSTANCES MAY ANY PERSON BUT PARENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT MERGER SUB OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON BRING ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED ACTION UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO LETTER AGREEMENT, WARRANTY AND (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT C) THE PARTIES HERETO ACKNOWLEDGE AND AGREE THAT THE WILLFUL BREACH CAP AMOUNT DOES NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAPREPRESENT LIQUIDATED DAMAGES. NOTWITHSTANDING THE FOREGOING, IF THE COMPANY OR ANY OF ITS AFFILIATES ASSERTS IN ANY LEGAL ACTION THE WILLFUL BREACH CAP AMOUNT CAPPING INVESTOR’S LIABILITY FOR A BREACH OF THIS LETTER AGREEMENT (OR, IN THE CASE OF A TERMINATION OF THE MERGER AGREEMENT PURSUANT TO SECTION 8.1(C) OF THE MERGER AGREEMENT, THE AGREED UPON LIQUIDATED DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY EQUAL TO THE PARENT TERMINATION FEE) IS LIMITED ILLEGAL, INVALID OR UNENFORCEABLE IN WHOLE OR IN PART, OR THAT INVESTOR IS LIABLE PURSUANT TO SECTION 5 IN EXCESS OF OR TO A RELEASE VALUE GREATER EXTENT THAN AN AMOUNT EQUAL TO THE WILLFUL BREACH CAP AMOUNT (OR, IN THE CASE OF $2.50 PER POUNDA TERMINATION OF THE MERGER AGREEMENT PURSUANT TO SECTION 8.1(C) OF THE MERGER AGREEMENT, WITH A MAXIMUM RECOVERY GREATER THAN THE AMOUNT OF $100,000 PER TRUCK LOADTHE PARENT TERMINATION FEE), THEN (X) THE OBLIGATIONS OF INVESTOR UNDER THIS LETTER AGREEMENT SHALL TERMINATE AB INITIO AND BE NULL AND VOID, (Y) IF INVESTOR HAS PREVIOUSLY MADE ANY PAYMENTS UNDER THIS LETTER AGREEMENT, IT SHALL BE ENTITLED TO RECOVER SUCH PAYMENTS, AND (Z) NEITHER INVESTOR NOR THE NON-RECOURSE PARTIES SHALL HAVE ANY FURTHER LIABILITY WHATSOEVER (WHETHER AT LAW OR IN EQUITY, WHETHER SOUNDING IN CONTRACT, TORT, STATUTE OR OTHERWISE) TO ANY PERSON UNDER THIS LETTER AGREEMENT, INCLUDING SUCH PERSON’S EQUITYHOLDERS AND AFFILIATES.

Limitation of Liability. NOTWITHSTANDING TO THE EXTENT PERMITTED BY ANY PROVISION APPLICABLE LAW, NEITHER DATASITE NOR CUSTOMER SHALL BE LIABLE TO THE OTHER PARTY OR ANY OTHER THIRD PARTY UNDER ANY THEORY OF RECOVERY, WHETHER BASED IN THIS AGREEMENTCONTRACT, IN NO EVENT WILL COMPANY BE LIABLE TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), UNDER WARRANTY, OR OTHERWISE, FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONPUNITIVE, INDIRECT, SPECIAL, LIQUIDATEDINCIDENTAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES LOSS INCLUDING: LOSS OF PROFITS, BUSINESS, GOODWILL, REPUTATION, OR LOSS RESULTING FROM BUSINESS INTERRUPTION. CUSTOMER EXPRESSLY AGREES THAT UNLESS OTHERWISE STATED HEREIN, THE REMEDIES PROVIDED IN THIS AGREEMENT ARE EXCLUSIVE AND THAT UNDER NO CIRCUMSTANCES SHALL,TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY UNDER ANY KIND THEORY OF RECOVERY, WHETHER BASED IN CONNECTION WITH CONTRACT, IN TORT, UNDER WARRANTY, OR ARISING OUT OTHERWISE, EXCEED THE TOTAL PRICE PAID OR PAYABLE TO DATASITE UNDER THE APPLICABLE SOW FOR THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 5 OF THE FURNISHING, PERFORMANCE LEGAL TERMS SHALL NOT APPLY TO: (A) FEES PAID OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS PAYABLE BY CUSTOMER UNDER THIS AGREEMENT; (B) A BREACH OF CONTRACT SECTIONS 2(b) OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED 3(c) OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM LEGAL TERMS; OR ANY KIND OF LOSS (C) DAMAGES CAUSED BY FRAUD OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADPARTY’S WILLFUL MISCONDUCT.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTEXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN AND EXCEPT FOR INDEMNIFIED THIRD PARTY CLAIMS PURSUANT TO SECTION 4.3 OR SECTION 4.4, AS APPLICABLE, IN NO EVENT WILL COMPANY PURCHASER OR ANY SELLER BE LIABLE TO THE SELLERS OR PURCHASER, AS APPLICABLE, UNDER THIS AGREEMENT OR OTHERWISE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECTCONSEQUENTIAL, SPECIAL, LIQUIDATEDINCIDENTAL, EXEMPLARY, INCIDENTAL STATUTORY, OR CONSEQUENTIAL PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH RELATED TO THIS AGREEMENT AGREEMENT; PROVIDED THAT A LOSS OR FROM THE PERFORMANCE INABILITY TO CLAIM TAX CREDITS OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS*** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. Development, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY EPC and Purchase Agreement OTHER ADVERSE TAX CONSEQUENCES SHALL NOT BE LIABLE TO CUSTOMERTREATED AS CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, STATUTORY, OR PUNITIVE DAMAGES. IN ADDITION, WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF PURCHASER OR THE TOTAL AGGREGATE LIABILITY OF BOTH SELLERS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ***; PROVIDED THAT SUCH LIMITATION SHALL NOT APPLY TO REDUCE ANY CIRCUMSTANCESPARTY’S OBLIGATION TO INDEMNIFY ANOTHER PARTY (A) TO THE EXTENT OF THE PROCEEDS OF INSURANCE OTHERWISE PAYABLE TO THE INDEMNIFYING PARTY, WHETHER PURSUANT TO AGREEMENT, WARRANTY OR (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, B) FOR LOSSES CAUSED BY THE GROSS NEGLIGENCE, FRAUD OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS WILLFUL MISCONDUCT OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADINDEMNIFYING PARTY.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY SHALL GROUPON OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, OR EMPLOYEES BE LIABLE OR OBLIGATED TO THE OTHER PARTY OR ANY THIRD PARTY IN ANY MANNER FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATEDINCIDENTAL, EXEMPLARY, INCIDENTAL CONSEQUENTIAL, PUNITIVE, OR CONSEQUENTIAL INDIRECT DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCEBUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA OR PRODUCTS AND/OR STRICT LIABILITYLOSS OF USE) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES CAPIN ADVANCE. GROUPON'S SOLE AND COMPLETE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID TO YOU PURSUANT TO THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FOREGOING, FAILURE OF ANY LIMITED REMEDY. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE MADE BY YOU WITHIN ONE (1) YEAR AFTER THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM OR OF ANY TERMINATION OF THIS AGREEMENT. IF SUCH CLAIM IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADNOT FILED THEN THAT CLAIM IS BARRED PERMANENTLY.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY SHALL THE SERVICE PROVIDER, NOR ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, SUBCONTRACTOR (INCLUDING WITHOUT LIMITATION TECHNOLOGY PROVIDERS AND SUPPLIERS) ACTING IN ITS CAPACITY OF PROVIDING SERVICES TO THE SERVICE PROVIDER, OR EMPLOYEE BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONDIRECT, INDIRECT, INCIDENTAL, SPECIAL, LIQUIDATEDPUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH DAMAGES, OR ARISING OUT OF THE FURNISHINGLOST PROFITS, PERFORMANCE EARNINGS, OR USE OF THE EQUIPMENT BUSINESS OPPORTUNITIES, OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT EXPENSES OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCECOSTS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM THEREOF, RESULTING DIRECTLY OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSINDIRECTLY FROM, OR $10,000.00OTHERWISE ARISING (HOWEVER ARISING, WHICEVER IS GREATERINCLUDING NEGLIGENCE) OUT OF: THE USE OF THE PORTAL BY THE USER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCEDAMAGES RESULTING FROM OR ARISING OUT OF SUCH USER'S RELIANCE ON THE PORTAL, OR PRODUCTS AND/THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, NON-DELIVERIES, MISDELIVERIES, TRANSMISSIONS, EAVESDROPPING BY THIRD PARTIES, OR STRICT LIABILITY) ANY FAILURE OF PERFORMANCE OF THE PORTAL; ANY AGREEMENT ENTERED INTO BETWEEN ANY USER AND ANY THIRD PARTY (OR OTHERWISE CAUSED THE NEGOTIATIONS OR DISCUSSIONS CONDUCTED IN ANTICIPATION OF ANY SUCH AGREEMENT), WHETHER OR NOT SUCH THIRD PARTY IS A THIRD PARTY PROVIDER AS DEFINED IN THIS USAGE AGREEMENT; THE TERMINATION OR SUSPENSION OF A USER'S ID AND PASSWORD BY THE SERVICE PROVIDER PURSUANT TO THE TERMS AND CONDITIONS; THE FAILURE, OR ALLEGED FAILURE, OF ANY PRODUCT OR SERVICE PURCHASED OR TRANSFERRED PURSUANT TO BE CAUSED DIRECTLY THE PORTAL TO CONFORM TO ANY SPECIFICATIONS OR INDIRECTLY BY TERMS, WHETHER PUBLISHED ON THE EQUIPMENT PORTAL OR SERVICESNOT; THE BREACH, OR BY ALLEGED BREACH, OF ANY INADEQUACY THEREOFWARRANTY, EXPRESS OR IMPLIED, RELATING TO ANY SUCH PRODUCT, SERVICE OR SHIPMENT; OR GOVERNMENT RESTRICTIONS, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, OR BY ANY DEFECT THEREIN, OTHER CONDITION BEYOND THE SERVICE PROVIDER’S REASONABLE CONTROL. THE SERVICE PROVIDER’S LIABILITY TO ANY USER OR BY ANY ACT OF OMISSION THIRD PARTY IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY ANY CIRCUMSTANCES IS LIMITED TO A RELEASE VALUE THE GREATER OF $2.50 PER POUND(A) THE AMOUNT OF TRANSACTION FEES PAID BY SAID USER OR PARTY FOR THE TRANSACTION IN QUESTION GIVEN RISE TO LIABILITY, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADOR (B) RS. 5,000.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY JUTVISION BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED ANY OTHER MATERIALS PROVIDED BY JUTVISION HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, AND EVEN IF COMPANY JUTVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON IN ADDITION, JUTVISION WILL NOT BE LIABLE FOR ANY CLAIM OR ANY KIND DAMAGES CAUSED BY DELAY IN DELIVERY OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES ANY OTHER MATERIALS PROVIDED HEREUNDER. JUTVISION'S LIABILITY UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSFOR DIRECT, OR $10,000.00INDIRECT, WHICEVER IS GREATERSPECIAL, (HEREAFTER REFERRED TO AS “INCIDENTAL AND CONSEQUENTIAL DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMEROF ANY KIND, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, NEGLIGENCERESTITUTION, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED WILL NOT, IN ANY EVENT, EXCEED THE AMOUNTS PAID BY JUTVISION TO BE CAUSED DIRECTLY OR INDIRECTLY BY Provider UNDER THIS AGREEMENT FOR THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAPSERVICES GIVING RISE TO SUCH CLAIM. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADThe provisions of this Section allocate risks under this Agreement between Provider and Jutvision. Jutvision's pricing reflects this allocation of risks and limitation of liability.

Limitation of Liability. NOTWITHSTANDING EXCEPT WITH RESPECT TO ANY PROVISION IN THIS AGREEMENTCLAIM OR LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS HEREUNDER, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY SHALL EITHER PARTY OR THEIR RESPECTIVE AFFILIATES BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, DATA OR BUSINESS, OR FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATEDINCIDENTAL, EXEMPLARY, INCIDENTAL CONSEQUENTIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH, WITHOUT LIMITATION, THE PURCHASE OR SALE OF THE PRODUCTS, THEIR USE, SUCH PARTY’S PERFORMANCE HEREUNDER OR ANY OF THESE TERMS AND CONDITIONS, HOWEVER ARISING OR CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE). EXCEPT WITH RESPECT TO THE PARTY’S INDEMNIFICATION OBLIGATIONS AND ANY CLAIM OR LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS HEREUNDER, EACH PARTY’S TOTAL AND CUMULATIVE LIABILITY ARISING UNDER OR IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERTHIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO [...***...]. THE LIMITATION OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF COMPANY A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR NOTWITHSTANDING ANYTHING IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THIS SECTION 14, TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL LIMIT EITHER PARTY’S LIABILITY TO THE OTHER PARTY OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER ITS AFFILIATES FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD[…***…].

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN EXCEPT FOR A BREACH OF THE SECTIONS OF THIS AGREEMENTAGREEMENT HEADED “ACCESS AND LICENSE RESTRICTIONS”, IN NO EVENT “CUSTOMER RESPONSIBILITIES”, “CONFIDENTIALITY” OR “U.S. GOVERNMENT END USERS”, AND EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS, AND EXCEPT FOR DIRECT DAMAGES TO THE EXTENT ARISING OUT OF A PARTY’S INTENTIONAL MISCONDUCT OR FRAUD (COLLECTIVELY, THE “EXCLUDED CLAIMS”), NEITHER SPIRENT’S NOR ITS SUPPLIERS’ OR LICENSORS’, NOR CUSTOMER’S, AGGREGATE LIABILITY WILL COMPANY EXCEED THE SUMS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER UNDER THE APPLICABLE ORDER SCHEDULE(S) OR SOW(S). EXCEPT FOR THE EXCLUDED CLAIMS, NEITHER SPIRENT NOR ITS SUPPLIERS OR LICENSORS, NOR CUSTOMER, WILL BE LIABLE FOR ANY LOSS OF PROFITSINDIRECT, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECTPUNITIVE, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL SIMILAR DAMAGES (INCLUDING LOSS OF ANY KIND IN CONNECTION WITH DATA, REVENUE, PROFITS, OR USE) ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTRELATING TO THIS AGREEMENT, INCLUDING NEGLIGENCETHE USE OR INABILITY TO USE THE SERVICE, ANY INTERRUPTION, INACCURACY OR ERROR IN THE CONTENT, EVEN IF COMPANY SPIRENT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S CUSTOMER ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY ON ANY CLAIM OR ANY KIND SET FORTH IN THIS SECTION 10 REFLECT THE ALLOCATION OF LOSS OR DAMAGE ARISING OUT RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT IN THE ABSENCE OF OR IN CONNECTION WITH SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT WOULD BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADSIGNIFICANTLY DIFFERENT.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY SHALL SONIFI OR ANY SUBSIDIARY, AFFILIATE, OR CUSTOMER OF SONIFI OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS OF EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES TO CONTRACTOR (INCLUDING, WITHOUT LIMITATION, ANY PAYMENT FOR LOST BUSINESS, LOST PROFITS, FUTURE PROFITS, LOSS OF USEGOODWILL, REIMBURSEMENT FOR EXPENDITURES OR INVESTMENTS MADE OR COMMITMENTS ENTERED INTO, CREATION OF CLIENTELE, ADVERTISING COSTS, TERMINATION OF EMPLOYEES OR EMPLOYEE SALARIES, OVERHEAD OR FACILITIES INCURRED OR ACQUIRED BASED UPON THE BUSINESS INTERRUPTIONDERIVED OR ANTICIPATED UNDER THE AGREEMENT), INDIRECTWHETHER FORESEEABLE OR NOT, SPECIALFOR ANY REASON WHATSOEVER WHETHER OR NOT CAUSED BY XXXXXX’S NEGLIGENCE, LIQUIDATEDGROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN NO EVENT SHALL ANY PROJECTIONS OR FORECASTS BY SONIFI BE BINDING AS COMMITMENTS OR PROMISES BY XXXXXX. XXXXXX’S ENTIRE LIABILITY FOR ANY CAUSE OF ACTION, EXEMPLARY, INCIDENTAL SUIT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH CLAIM RELATED TO OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE AMOUNTS PAID BY SONIFI TO CONTRACTOR FOR SERVICES PROVIDED DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM, SUIT OR CAUSE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY ACTION. THE PROVISIONS OF $100,000 PER TRUCK LOADTHIS SECTION 12 SURVIVE EXPIRATION OR TERMINATION OF THE AGREEMENT INDEFINITELY.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION (a) IN THE PERFORMANCE OF THE SERVICES REQUIRED BY THIS AGREEMENT, THE INSTITUTION SHALL BE ENTITLED TO RELY SOLELY ON THE INFORMATION, REPRESENTATIONS, AND WARRANTIES PROVIDED BY THE COMPANY PURSUANT TO THIS AGREEMENT, AND SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS THEREOF. THE INSTITUTION SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE SERVICES EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, IN NO EVENT WILL COMPANY AND SHALL BE LIABLE ONLY FOR ANY LOSS ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING THOSE SERVICES. THE INSTITUTION SHALL NOT BE RESPONSIBLE FOR THE COMPANY'S ACT'S OR OMISSIONS (INCLUDING, WITHOUT LIMITATION, THE AMOUNT, ACCURACY, TIMELINESS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL TRANSMITTAL OR CONSEQUENTIAL DAMAGES AUTHORIZATION OF ANY KIND IN CONNECTION WITH ENTRY RECEIVED FROM THE COMPANY) OR THOSE OF ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, ANY FEDERAL RESERVE THE INSTITUTION, ACH OPERATOR OR TRANSMISSION OR COMMUNICATIONS FACILITY, ANY RECEIVER OR RDFI (INCLUDING, WITHOUT LIMITATION, THE RETURN OF ANY ENTRY BY SUCH RECEIVER OR RDFI), AND NO SUCH PERSON SHALL BE DEEMED THE INSTITUTION'S AGENT. THE COMPANY AGREES TO INDEMNIFY THE INSTITUTION AGAINST ANY LOSS, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS' FEES AND COSTS) RESULTING FROM OR ARISING OUT OF ANY CLAIM OF ANY PERSON THAT THE FURNISHING, PERFORMANCE INSTITUTION IS RESPONSIBLE FOR ANY ACT OR USE OMISSION OF THE EQUIPMENT COMPANY OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTANY OTHER PERSON DESCRIBED IN THIS AGREEMENT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF CLAIMS BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED A CONSUMER UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.FEDERAL RESERVE BOARD REGULATION E.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY QUIVERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES LOSS OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERBUSINESS INFORMATION), WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCESUCH LIABILITY IS FORESEEABLE, EVEN IF COMPANY QUIVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON , OR ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT, EQUITY OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARISING OUT OF, OR RESULTING FROM, ANY SUBJECT MATTER OF THIS AGREEMENT. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, SUCH LIABILITY ARISING OUT OF, OR RESULTING FROM: (1) THE ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE QUIVERS SERVICES; (2) THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES; (3) THE ACQUISITION OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE QUIVERS SERVICES; (4) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE QUIVERS SERVICES, INCLUDING WITHOUT LIMITATION THE UPLOADING OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE QUIVERS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY KIND COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS; OR (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF LOSS USERS’ TRANSMISSIONS OR DAMAGE DATA. NOTWITHSTANDING THE FACT THAT QUIVERS OR OTHER PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE QUIVERS SITE MAY MONITOR OR REVIEW TRANSMISSIONS, POSTINGS, DISCUSSIONS, OR CHATS, QUIVERS AND ALL PARTIES INVOLVED IN CREATING, PRODUCING, DELIVERING OR OPERATING THE QUIVERS SITE, ASSUME NO RESPONSIBILITY OR LIABILITY WHICH MAY ARISE FROM THE CONTENT THEREOF, INCLUDING BUT NOT LIMITED TO CLAIMS FOR DEFAMATION, LIBEL, SLANDER, OBSCENITY, PORNOGRAPHY, PROFANITY, OR MISREPRESENTATION. QUIVERS’ LIABILITY TO CLIENT ARISING OUT OF, OR RESULTING FROM, ANY SUBJECT MATTER OF THIS AGREEMENT, WHETHER BASED IN TORT, CONTRACT, STRICT PRODUCT LIABILITY OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY EQUITABLE THEORIES, SHALL IN NO CASE NOT EXCEED THE SUM OF ALL PAYMENTS RECEIVED MADE OR OWED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER CLIENT PURSUANT TO THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE LIMITATIONS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS GREATER, (HEREAFTER REFERRED FOUND TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT HAVE FAILED OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADITS ESSENTIAL PURPOSE.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY SHALL JVS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE LOSS OR DAMAGE OF PROFITSANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, PROPERTY DAMAGE, LOSS OF USEPROFIT (WHETHER DIRECT OR INDIRECT), BUSINESS INTERRUPTIONLOSS OF REVENUE, INDIRECTDAMAGE TO GOODWILL, SPECIALENHANCED DAMAGES, LIQUIDATED, EXEMPLARY, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY) HOWSOEVER CAUSED ARISING FROM THE CONTRACT OF SALE OR THE USE OF PRODUCTS. WITHOUT PREJUDICE TO ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHINGFOREGOING, PERFORMANCE OR USE THE SOLE AND EXCLUSIVE LIABILITY OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY JVS ON ANY CLAIM OR ANY KIND OF FOR LOSS OR DAMAGE LIABILITY ARISING OUT OF OR IN CONNECTION CONNECTED WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSANY ORDER, OR $10,000.00THE MANUFACTURE, WHICEVER IS GREATERSALES, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMERDELIVERY, UNDER RESALE OR USE OF ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT PRODUCTS COVERED BY ANY SUCH ORDER (INCLUDING, BUT NOT LIMITED TO, LOSS OR LIABILITY ARISING FROM BREACH OF CONTRACT) SHALL, BE LIMITED TO THE TERMS OF THE WARRANTY SET FORTH IN SECTION 10. JVS shall have no liability whatsoever unless JVS deems there to be a warrantable failure as set out in Section 10 and Buyer complies with the provisions of Section 10. Nothing in these conditions shall in any way exclude or limit JVS’s liability for death or personal injury caused by XXX’s negligence, for fraudulent misrepresentation or otherwise not permitted to be excluded by law. THE MAXIMUM LIABILITY, IF ANY, OF JVS FOR ALL DAMAGES, INCLUDING WITHOUT LIMITATION, CONTRACT DAMAGES AND DAMAGES FOR PROPERTY, WHETHER ARISING FROM JVS’S BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOFOTHER TORT, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE AN AMOUNT NOT TO EXCEED THE AGGREGATE PURCHASE PRICE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADTHE APPLICABLE PRODUCTS PAID TO JVS BY BUYER UNDER THE APPLICABLE ORDER.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION EXCEPT AS OTHERWISE EXPRESSLY AGREED BY PACBIO IN THIS AGREEMENTWRITING, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S PACBIO‟S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AGREEMENT, THE LICENSED SOFTWARE AND/OR FROM OTHER SOFTWARE SHALL BE LIMITED TO THE PERFORMANCE OR BREACH THEREOF AMOUNT PAID (IF ANY) BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER LICENSEE FOR THE EQUIPMENT LICENSED SOFTWARE AND/OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSOTHER SOFTWARE GIVING RISE TO THE LIABILITY, OR $10,000.00ONE HUNDRED UNITED STATES DOLLARS (US$100.00), WHICEVER WHICHEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY AND IN NO EVENT SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO PACBIO‟S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS THE LICENSED SOFTWARE AND/OR STRICT LIABILITYOTHER SOFTWARE EXCEED THE TOTAL AMOUNTS RECEIVED BY PACBIO UNDER THE APPLICABLE AGREEMENT(S) OR OTHERWISE CAUSED OR ALLEGED TO WITH PACBIO GOVERNING LICENSEE‟S PURCHASE OF THE PACBIO INSTRUMENT(S) WITH WHICH THE LICENSED SOFTWARE IS USED BY LICENSEE. IN NO EVENT SHALL PACBIO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT LIABLE FOR COSTS OF SUBSTITUTE GOODS OR SERVICES, OR BY FOR ANY INADEQUACY THEREOFSPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY, PURSUANT TO ANY STATUTE, OR BY ON ANY DEFECT THEREINOTHER BASIS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE LICENSED SOFTWARE, OTHER SOFTWARE AND/OR SALE OF THE PRODUCTS OR SERVICES , WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT PACBIO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM OR RELATED TO LOSS OF USE, LOSS OF DATA, OR BY DOWNTIME, OR FOR LOSS OF REVENUE OR PROFITS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY ACT FAILURE OF OMISSION IN CONNECTION THEREWITH IN EXCESS ESSENTIAL PURPOSE OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS ANY LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADREMEDY.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTSupplier's liability arising out of delays in restoration of the Services to be provided under this Agreement or out of mistakes, accidents, omissions, interruptions, or errors or defects in interruption of Services, shall be subject to the limitations set forth below and in the applicable Tariff. EXCEPT OTHERWISE PROVIDED HEREIN, IN NO EVENT WILL COMPANY SHALL SUPPLIER BE LIABLE TO CUSTOMER OR ANY OF THE CUSTOMER'S OWN CUSTOMERS OR ANY OTHER THIRD PARTY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF PROFITSDAMAGES, LOSS OF USE, BUSINESS INTERRUPTIONEITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, LIQUIDATEDINCIDENTAL, EXEMPLARYACTUAL, INCIDENTAL PUNITIVE, OR CONSEQUENTIAL DAMAGES ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND IN CONNECTION WITH OR NATURE WHATSOEVER, ARISING OUT OF THE FURNISHINGMISTAKES, PERFORMANCE ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS, OR USE OF THE EQUIPMENT DEFECTS IN TRANSMISSION, OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTDELAYS, INCLUDING NEGLIGENCETHOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL OBLIGATIONS OF SUPPLIER PURSUANT TO THIS AGREEMENT; AND IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY EVENT SHALL NOT SUPPLIER BE LIABLE TO CUSTOMER, UNDER AT ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY TIME FOR ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH AMOUNT IN EXCESS OF THE DAMAGES CAPAGGREGATE AMOUNT IT HAS PRIOR TO SUCH TIME COLLECTED FROM CUSTOMER WITH RESPECT TO SERVICES DELIVERED HEREUNDER. NOTWITHSTANDING SUPPLIER MAKES NO WARRANTY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE FOREGOINGDESCRIPTION, THE DAMAGES CAP ON CARGO TRANSPORTED QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF ANY SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUNDSUPPLIER ARE HEREBY EXCLUDED AND DISCLAIMED. For purposes of this Section, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.the term "Supplier" shall be deemed to include Supplier, its shareholders, directors, officers and employees, and any

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY SHALL PROVIDER OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF USEBUSINESS INFORMATION, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THE FURNISHING, PERFORMANCE PRODUCTS OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCESERVICES, EVEN IF COMPANY HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. COMPANY'S IN EVERY EVENT, PROVIDER’S TOTAL MAXIMUM AGGREGATE LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH RELATED TO THE PRODUCTS OR SERVICES SHALL BE LIMITED TO ONE MONTH OF FEES PAID BY YOU FOR THE SERVICES. THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR PROVIDER TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY PROVIDER, PROVIDER WOULD NOT HAVE ENTERED INTO THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EQUIPMENT LIMITATION OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSEXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED EXCLUSION FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADYOU.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL COMPANY SHALL IGNEOUS OR ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS) BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONSPECIAL, INDIRECT, SPECIALINCIDENTAL, LIQUIDATEDPUNITIVE, EXEMPLARY, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, BUSINESS OR PROFITS, OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS, SERVICES OR OTHER GOODS), ARISING OUT OF THE FURNISHINGOR RELATING TO THIS AGREEMENT, PERFORMANCE OR USE REGARDLESS OF THE EQUIPMENT THEORY OF LIABILITY AND WHETHER OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN NOT IGNEOUS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S DAMAGE OR LOSS; AND (B) IN NO EVENT SHALL IGNEOUS’ TOTAL LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT AGREEMENT, FROM ALL CLAIMS OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE TOTAL PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER ACTUALLY MADE TO IGNEOUS FOR THE EQUIPMENT APPLICABLE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY SUCH CLAIM OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSCAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO LIABILITY ARISING FROM DEATH OR BODILY INJURY, OR $10,000.00, WHICEVER IS GREATER, TO CLAIMS UNDER SECTION 1.3 (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITYLICENSE RESTRICTIONS) OR OTHERWISE CAUSED SECTION 6 (INDEMNIFICATION) OR ALLEGED TO BE CAUSED DIRECTLY ARISING FROM WILLFUL MISCONDUCT OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAPGROSS NEGLIGENCE. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADCustomer agrees that the foregoing limitations of liability constitute a material inducement for Igneous to enter into this Agreement and that the fees charged to Customer would be substantially higher without such limitations.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTANYTHING TO THE CONTRARY, IN NO EVENT WILL COMPANY LESSOR. SHALL NOT BE LIABLE FOR ANY LOSS DIRECT DAMAGES OF PROFITSLESSEE RESULTING FROM, LOSS ARISING OUT OF USEOR IN CONNECTION WITH THIS AGREEMENT, BUSINESS INTERRUPTIONWHETHER ARISING IN CONTRACT, TORT, STRICT LIABLITY OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY, with respect to each Lease, Lessee agrees that (a) Lessor shall have no liability, cost or expense with respect to transportation, installation, selection, purchase, lease, ownership, possession, modification, maintenance, condition, operation, use, return or disposition of the Equipment, and (b) Lessor shall have no responsibility in connection with the selection of the Equipment, the ordering of the Equipment, its suitability for the use intended by Lessee, Lessee’s compliance or non-compliance with competitive pricing and/or bidding requirements, the acceptance by the Vendor of the order submitted, if applicable, or any delay or failure by the Vendor or its sales representative to, deliver, install, or maintain the Equipment for Lessee’s use. IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, LIQUIDATEDCONSEQUENTIAL, EXEMPLARY, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF ANY LEASE OR THE EXISTENCE, FURNISHING, PERFORMANCE FUNCTIONING OR LESSEE’S USE OF THE ANY ITEM OF EQUIPMENT OR SERVICES PERFORMED HEREUNDERPROVIDED FOR IN ANY LEASE, WHETHER ALLEGED AS A BREACH IN CONTRACT, TORT, STRICT LIABLITY OR OTHERWISE, REGARDLESS OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY THE THEORY OF LIABILITY AND REGARDLESS OF WHETHER LESSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR THE PARTIES AGREE THAT THE PROVISIONS IN CONNECTION WITH THIS AGREEMENT OR FROM MASTER LEASE FAIRLY ALLOCATE THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED RISKS BETWEEN THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER PARTIES WITHOUT WHICH THEY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADMASTER LEASE.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY NI SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION(I) SPECIAL, INDIRECT, SPECIALINCIDENTAL, LIQUIDATEDPUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE PRODUCTS OR BREACH THEREOF SERVICES; OR (II) ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE, INCLUDING ANY COSTS OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICES; (B) LOSS OF, CORRUPTION OF, OR LOSS OF USE OF ANY PRODUCTS, HARDWARE, SOFTWARE OR DATA; (C) LOSS OF REVENUE, PROFIT, OR BUSINESS OPPORTUNITY; (D) BUSINESS INTERRUPTION OR DOWNTIME; OR (E) INABILITY TO ACHIEVE A PARTICULAR RESULT. TO THE EXTENT PERMITTED BY COMPANY APPLICABLE LAW, THE TOTAL LIABILITY OF NI ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS OR SERVICES, SHALL IN NO CASE NOT EXCEED THE PAYMENTS RECEIVED AMOUNT OF THE FEES PAID BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT SPECIFIC PRODUCT OR SERVICES PROVIDED UNDER SERVICE GIVING RISE TO SUCH CLAIM. THIS AGREEMENT DURING MOST RECENT THREE SECTION: (1) APPLIES TO NI AND ITS LICENSORS, DISTRIBUTORS, AND SUPPLIERS (INCLUDING ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), (2) REFLECTS AN ALLOCATION OF RISK BETWEEN NI AND CUSTOMER IN VIEW OF THE PURCHASE PRICE OF THE PRODUCTS AND SERVICES, (3) MONTHSAPPLIES EVEN IF NI HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES AND REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED OR ACTUAL NEGLIGENCE OF NI, OR $10,000.00AND (4) REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, WHICEVER IS GREATERWARRANTY, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TOSTRICT LIABILITY, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICESTORT, OR BY ANY INADEQUACY THEREOF, OTHERWISE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS UNENFORCEABLE OR BY ANY DEFECT THEREIN, OR BY ANY ACT FAILS OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOINGITS ESSENTIAL PURPOSE, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS SOLE LIABILITY OF NI TO CUSTOMER SHALL BE LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADFIFTY THOUSAND DOLLARS (50,000 USD).

Limitation of Liability. NOTWITHSTANDING IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY FOR ANY PROVISION IN AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO LIABILITY. THE FOREGOING SHALL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS. 9.2. Exclusion of Consequential and Related Damages. CUSTOMER AGREES THAT THE CONSIDERATION WHICH TOOLIO IS CHARGING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY TOOLIO OF THE RISK OF CUSTOMER’S INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL COMPANY SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY LOSS OF PROFITSINDIRECT, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECTPUNITIVE, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL OTHER DAMAGES OF ANY TYPE OR KIND IN CONNECTION WITH OR LOSS OF CUSTOMER DATA, REVENUE, PROFITS, OR ANTICIPATED SAVINGS OR ACCURACY OF ANY DATA AND/OR INPUT OR REPRESENTATIONS BY THIRD PARTY SUPPLIERS, ARISING OUT OF OF, OR IN ANY WAY CONNECTED WITH THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTSERVICES, INCLUDING NEGLIGENCEBUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF COMPANY HAS THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.

Limitation of Liability. NOTWITHSTANDING SELLER SHALL NOT BE LIABLE TO PURCHASER, PURCHASER'S CUSTOMERS, OR ANY PROVISION IN THIS AGREEMENTOTHER PARTY FOR ANY LOSS, DAMAGE, OR INJURY WHICH RESULTS FROM THE USE OR APPLICATION BY PURCHASER, PURCHASER'S CUSTOMER, OR ANY OTHER PARTY OF, PRODUCTS DELIVERED TO PURCHASER, UNLESS THE LOSS OR DAMAGE RESULTS DIRECTLY FROM THE INTENTIONALLY TORTIOUS OR FRAUDULENT ACTS OR OMISSIONS OF SELLER. IN NO EVENT WILL COMPANY SHALL SELLER BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY LOSS OF PROFITSLOSS, LOSS OF USEDAMAGE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES INJURY OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE NATURE ARISING OUT OF OR IN CONNECTION WITH THIS THESE TERMS AND CONDITIONS, OR ANY AGREEMENT INTO WHICH THEY ARE INCORPORATED, OR FROM THE ANY PERFORMANCE OR BREACH THEREOF NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS BY COMPANY SHALL SELLER, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS ACTUALLY DELIVERED TO AND PAID FOR BY PURCHASER HEREUNDER. IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY EVENT SHALL NOT SELLER BE LIABLE TO CUSTOMERPURCHASER OR ANY OTHER PARTY FOR INDIRECT, UNDER ANY CIRCUMSTANCESSPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TOTO LOSS OF GOOD WILL, NEGLIGENCELOSS OF ANTICIPATED PROFITS, OR PRODUCTS AND/OTHER ECONOMIC LOSS ARISING OUT OF OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICESIN CONNECTION WITH SELLER'S BREACH OF, OR BY FAILURE TO PERFORM IN ACCORDANCE WITH ANY INADEQUACY THEREOFOF THESE TERMS AND CONDITIONS, OR BY THE FURNISHING, INSTALLATION, SERVICING, USE OR PERFORMANCE OF ANY DEFECT THEREINPRODUCTS SELLER SHALL PROVIDE HEREUNDER, EVEN Xxxxxx Micro Inc. Resale Agreement -------------------------------------------------------------------------------- EXHIBIT F (continued) IF NOTIFICATION HAS BEEN GIVEN AS TO THE POSSIBILITY OF SUCH DAMAGES. PURCHASER HEREBY EXPRESSLY WAIVES ANY AND ALL CLAIMS FOR SUCH DAMAGES. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR ANY PRODUCTS USED FOR AVIATION, MEDICAL, LIFESAVING, LIFE SUSTAINING OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADNUCLEAR APPLICATIONS.

Limitation of Liability. NOTWITHSTANDING EXCEPT FOR A BREACH BY EITHER PARTY OF ITS CONFIDENTIALITY OBLIGATIONS UNDER ARTICLE 7 AND EXCEPT FOR BREACHES OF ANY PROVISION IN THIS AGREEMENTLICENSE RESTRICTIONS, IN OR ANY PAYMENT OBLIGATIONS RESULTING FROM AN INDEMNIFICATION OBLIGATION HEREUNDER (INCLUDING EXHIBIT B), UNDER NO EVENT CIRCUMSTANCES WILL COMPANY EITHER PARTY BE LIABLE TO THE OTHER, UNDER CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OF LOST REVENUE, LOST PROFITS, LOSS OF USEEQUIPMENT DOWN-TIME, BUSINESS INTERRUPTIONOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT THE SUBJECT MATTER OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCETHIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON EXCEPT FOR A BREACH BY EITHER PARTY OF ITS CONFIDENTIALITY OBLIGATIONS UNDER ARTICLE 7 AND EXCEPT FOR BREACHES OF ANY CLAIM LICENSE RESTRICTIONS, OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR PAYMENT OBLIGATIONS RESULTING FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL AN INDEMNIFICATION OBLIGATION HEREUNDER(INCLUDING EXHIBIT B), IN NO CASE EXCEED EVENT WILL EITHER PARTY’S LIABILITY TO THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED OTHER UNDER THIS AGREEMENT DURING MOST RECENT THREE EXCEED THE GREATER OF (3A) MONTHS, OR ONE MILLION DOLLARS ($10,000.00, WHICEVER IS GREATER1,000,000), (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITYB) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS REMAINING BOOK VALUE FOR THE WETS WORKFLOW THAT IS THE SUBJECT OF THE DAMAGES CAP. NOTWITHSTANDING CLAIM, AT THE FOREGOINGTIME THE CLAIM IS MADE, AND (C) THE DAMAGES CAP ON CARGO TRANSPORTED AMOUNTS PAID OR PAYABLE BY COMPANY IS LIMITED SUCH PARTY TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADTHE OTHER PARTY IN THE [*] MONTHS PRECEDING THE CLAIM.

Limitation of Liability. NOTWITHSTANDING TO THE EXTENT SUCH LIMITATION OF LIABILITY IS PERMITTED BY LAW, (i) BANK WILL NOT BE LIABLE FOR ANY PROVISION IN THIS AGREEMENTINDIRECT, IN NO EVENT SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES, WHETHER OR NOT FORESEEABLE, (ii) BANK WILL COMPANY NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH THIS AGREEMENT ANY INACCURACY, ACT OR FROM FAILURE TO ACT ON THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSPART OF ANY PERSON NOT WITHIN BANK’S REASONABLE CONTROL, OR $10,000.00ANY ERROR, WHICEVER IS GREATERFAILURE, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMEROR DELAY IN EXECUTION OF ANY TRANSACTION RESULTING FROM CIRCUMSTANCES BEYOND BANK’S REASONABLE CONTROL, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCEANY INOPERABILITY OF COMMUNICATIONS FACILITIES OR OTHER TECHNOLOGICAL FAILURE, AND (iii) BANK WILL NOT BE LIABLE FOR ANYTHING RELATING TO THE ACCOUNT, COMMERCIAL CARDS OR THIS AGREEMENT EXCEPT TO THE EXTENT DIRECTLY ARISING AS A RESULT OF BANK’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. PROVIDED BANK HAS COMPLIED WITH ITS OBLIGATIONS UNDER THIS AGREEMENT, AND SUBJECT TO APPLICABLE LAW, COMPANY AGREES TO INDEMNIFY, DEFEND, AND HOLD BANK HARMLESS AGAINST ANY THIRD PARTY CLAIM ARISING FROM, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED IN CONNECTION WITH, DIRECTLY OR INDIRECTLY BY INDIRECTLY, ANY USE OF ANY COMMERCIAL CARD, THE EQUIPMENT OR SERVICESACCOUNT, THIS AGREEMENT, OR ANY RELATED SERVICE PROVIDED BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADBANK.

Limitation of Liability. NOTWITHSTANDING UNDER NO CIRCUMSTANCES AND NOTW ITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY PROVISION IN THIS AGREEMENTREMEDY SET FORTH HEREIN, IN NO EVENT WILL COMPANY SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABLE FOR FOR: (A) ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONINCIDENTAL, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF ANY KIND IN CONNECTION WITH PROFITS, BUSINESS, REVENUES OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCESAVINGS , EVEN IF COMPANY SELLER HAS BEEN ADVISED OF THE POSSIBILITY POSSIBILITIES OF SUCH DAMAGES. COMPANY'S DAMAGES OR IF SUCH DAMAGES ARE OTHERW ISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY ON IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; (B) ANY CLAIM CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY KIND OF THIRD PARTY; (C) ANY LOSS OR DAMAGE CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES; OR (D) ANY UNAVAILABILITY OF THE PRODUC. IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES FOR DAMAGES FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE ANY CAUSE WHATSOEVER WILL NOT EXCEED THE PAYMENTS RECEIVED LESSER OF: (A) THE DOLLAR AMOUNT PAID BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT PRODUCT(S) GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE GIVING RISE TO THE CLAIM; OR (3B) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD50,000.00.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION EXCEPT AS REQUIRED IN SECTION 43 OF THIS AGREEMENTCONTRACT, IN NO EVENT WILL COMPANY PARADIGM SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECTCONSEQUENTIAL, SPECIAL, LIQUIDATEDINCIDENTAL, EXEMPLARYPUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, INCIDENTAL REVENUE, SAVINGS, OPPORTUNITY OR CONSEQUENTIAL DAMAGES ADVANTAGE OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERKIND), WHETHER ALLEGED AS A BREACH ARISING UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY OR CAUSE OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEACTION, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANYNOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PARADIGM'S LIABILITY ON FOR ANY CLAIM CAUSE UNDER OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY CONTRACT, SHALL IN NO CASE EVENT EXCEED THE PAYMENTS RECEIVED TOTAL OF ALL AMOUNTS PAID TO PARADIGM BY COMPANY FROM COUNTY FOR STANDARD SUPPORT SERVICES DURING THE ONE (1) YEAR PERIOD PRIOR TO THE DATE ON WHICH ANY CLAIM IS MADE. CUSTOMER FOR UNDERSTANDS THAT THE EQUIPMENT OR SERVICES PROVIDED UNDER FEES CHARGED BY PARADIGM IN THIS CONTRACT REFLECT THE ALLOCATION OF RISKS EXPRESSED BY THE LIMITATIONS OF LIABILITY AND DAMAGES, WHICH ARE SET FORTH ON THE ATTACHED TERMS AND CONDITIONS. BY SIGNING WHERE INDICATED, COUNTY ACCEPTS THESE TERMS AND AFFIRMS IT UNDERSTANDS THAT TO CHANGE THEM WOULD AFFECT THE ECONOMIC BARGAIN EXPRESSED IN THIS ATTACHMENT. ATTACHMENT 3 PARADIGM SOFTWARE, L.L.C. 000 Xxx Xxxxxxx Xxxx, Xxxxx 000 Xxxxxxxxxxxx, XX 00000 (000) 000-0000 ESCROW AGREEMENT DURING MOST RECENT THREE THIS ESCROW AGREEMENT (3this “Agreement”) MONTHSis made by and among Paradigm Software, OR $10,000.00L.L.C., WHICEVER IS GREATERa Maryland limited liability company ("PARADIGM"), Xxxxxxx, XxXxxxxxxx and Xxxxxx, LLC, a Maryland limited liability corporation (HEREAFTER REFERRED TO AS the “DAMAGES CAPESCROW AGENT”) and the undersigned Customer (“CUSTOMER”). COMPANY SHALL NOT BE LIABLE TO This Agreement governs the custody and release of source code to be held by ESCROW AGENT for certain computer software licensed to the CUSTOMER by PARADIGM. The Agreement is effective as of the date of acceptance by PARADIGM at its offices in Cockeysville, Maryland. The Agreement includes and is subject to all of the Terms and Conditions attached hereto, each of which is incorporated herein. READ, UNDERSTOOD AND EXECUTED on the date(s) indicated below. PARADIGM SOFTWARE, L.L.C.: XXXXXXX, XXXXXXXXXX AND XXXXXX, LLC: 000 Xxx Xxxxxxx Xxxx, Xxxxx 000 Xxxxxxxxxxxx, XX 00000 000 Xxxxx Xxxx Xxxxxx, Xxxxx 000 Xxx Xxx, XX 00000 By: Xxxxxx X. Xxxxxx, XX Vice President Date: By: Xxxx X. XxXxxxxxxx Partner/Member Date: CUSTOMER: ORANGE COUNTY, UNDER ANY CIRCUMSTANCESCA 000 X. Xxxxxx Xxxxxx, WHETHER PURSUANT TO AGREEMENTXxxxx 000 Xxxxx Xxx, WARRANTY XX 00000 By: (EXPRESS OR IMPLIED), TORT Type or Print Name) (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITYTitle) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.Date: TERMS AND CONDITIONS

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHALL COMPANY OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATEDINCIDENTAL, EXEMPLARY, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH (INCLUDING LOST PROFITS, LOSS OF USE OR INTERRUPTION OF BUSINESS), OR FOR LEGAL FEES, ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERSERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, DELICT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ITS SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY'S ’S AGGREGATE LIABILITY ON FOR ANY CLAIM EXCEED $100. THE PARTIES AGREE THAT THIS LIMITATION ON DAMAGES REPRESENTS A REASONABLE ALLOCATION OF RISK. COMPANY’S SUPPLIERS AND LICENSORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS LIMITATION ON DAMAGES. WHERE APPLICABLE LAWS DO NOT ALLOW WARRANTIES OR ANY KIND TERMS TO BE EXCLUDED OR LIABILITY TO BE LIMITED, SOME OF LOSS THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY AND THE CUSTOMER MAY HAVE ADDITIONAL RIGHTS. NONE OF THE EXCLUSIONS OR DAMAGE ARISING OUT OF OR LIMITATIONS IN CONNECTION WITH THIS AGREEMENT WILL HAVE THE EFFECT OF LIMITING OR FROM EXCLUDING ANY LIABILITY TO THE PERFORMANCE EXTENT SUCH LIABILITY CANNOT BE LIMITED OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED EXCLUDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADAPPLICABLE LAW.

Limitation of Liability. NOTWITHSTANDING EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY THIS SYNOVUS GATEWAY AGREEMENT OR REQUIRED BY APPLICABLE LAW, YOUR USE OF SYNOVUS GATEWAY AND THE SYNOVUS GATEWAY SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND AT YOUR OWN RISK AND NEITHER WE NOR ANY PROVISION OF OUR AGENTS, CONTRACTORS, VENDORS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY BREACHES OF THIS AGREEMENT OR FOR OURS OR THEIR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS SYNOVUS GATEWAY AGREEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AGENTS, CONTRACTORS, VENDORS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY BREACHES OF THIS AGREEMENT OR DELAYS OR MISTAKES RESULTING FROM ANY FORCE MAJEURE (AS DEFINED BELOW) OR FROM ANY FAILURE OF OR DELAY OF ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, ANY FEDERAL RESERVE BANK, ACH OPERATOR OR TRANSMISSION OR COMMUNICATIONS FACILITY, ANY RECEIVER OR RECEIVING DEPOSITORY FINANCIAL INSTITUTION (“RDFI”) (INCLUDING, WITHOUT LIMITATION, THE RETURN OF AN ENTRY BY SUCH RECEIVER OR RDFI), ANY PARTICIPATING DEPOSITORY FINANCIAL INSTITUTION, ANY BENEFICIARY OR BENEFICIARY’S BANK, ANY INTERMEDIARY BANK, INTERNET ACCESS SERVICE PROVIDER, PAYMENT CARD NETWORK, ACQUIRING BANK OR PROCESSOR, OR ANY OTHER SERVICE PROVIDER TO PERFORM OR TO PROVIDE ANY SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. NOT IN THIS AGREEMENTLIMITATION OF THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE OR ANY PAYMENT SYSTEM OR FOR ANY SERVICES OR ANY ACTS OR OMISSIONS UNDER A THIRD PARTY SERVICE ADDENDUM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, REGARDLESS OF THE TYPE OF CLAIM, WHETHER FOR BREACH OF CONTRACT, TORT OR STRICT LIABILITY, YOU WILL ONLY BE ENTITLED TO RECOVER THE LESSER OF: YOUR ACTUAL DAMAGES; OR THE TOTAL AMOUNT OF ALL SERVICE FEES ACTUALLY PAID BY YOU TO BANK IN THE SIX (6) MONTH PERIOD FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES IMMEDIATELY PRECEDING THE DATE ON WHICH BANK’S LIABILITY IS FINALLY DETERMINED. IN NO EVENT WILL COMPANY SHALL YOU BE LIABLE FOR ENTITLED TO RECOVER ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIALINCIDENTAL, LIQUIDATEDCONSEQUENTIAL, EXEMPLARY, INCIDENTAL PUNITIVE OR CONSEQUENTIAL SPECIAL DAMAGES OF ANY KIND (WHETHER IN CONNECTION WITH CONTRACT, TORT OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEOTHERWISE), EVEN IF COMPANY HAS BEEN YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.

Limitation of Liability. NOTWITHSTANDING EXCEPT IN CONNECTION WITH CLAIMS RESULTING FROM (A) BREACH OF THE LICENSE RESTRICTIONS HEREUNDER, (B) BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER, (C) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY T2 BIO, ALLERGAN OR THEIR AFFILIATES, OR (D) ANY PROVISION AMOUNTS PAID TO THIRD PARTIES BY T2 BIO, ALLERGAN OR THEIR AFFILIATES IN CONNECTION WITH ANY THIRD PARTY CLAIM (OTHER THAN A CLAIM FOR LATE FEES (BUT NOT OTHER AMOUNTS) PAYABLE TO THIRD PARTIES WITH RESPECT TO LATE DELIVERY OF THE DEVELOPED PRODUCTS TO THE RELEVANT THIRD PARTY) ARISING OUT OF ANY BREACH OF THIS AGREEMENTAGREEMENT BY THE OTHER PARTY (WHICH AMOUNTS, FOR THE AVOIDANCE OF DOUBT, SHALL NOT BE DEEMED TO BE INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES NO MATTER HOW CHARACTERIZED IN ANY ACTION OR SUIT RESULTING FROM SUCH CLAIM): (X) IN NO EVENT WILL COMPANY BE LIABLE SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER, FOR ANY LOSS OF PROFITSLOST PROFITS OR FOR ANY INDIRECT, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECTINCIDENTAL, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ANY WAY ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE RELATED TO THIS AGREEMENT AND HOWEVER CAUSED AND UNDER ANY THEORY OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCELIABILITY, EVEN IF COMPANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S , AND (Y) IN NO EVENT SHALL EITHER PARTY’S CUMULATIVE LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”)[***]. COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP[***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADConfidential treatment has been requested with respect to the omitted portions.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY BE LIABLE SELLER’S LIABILITY FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OF, CONNECTED WITH, OR IN CONNECTION WITH THIS AGREEMENT RESULTING FROM ANY ORDER, OR FROM THE PERFORMANCE OR BREACH THEREOF THEREOF, OR FROM THE DESIGN, DEVELOPMENT, MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR OR USE OF ANY PRODUCT COVERED BY COMPANY OR FURNISHED UNDER ANY ORDER SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR CONTRACT PRICE ALLOCABLE TO THE EQUIPMENT PRODUCT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSPART THEREOF, OR $10,000.00SERVICE THAT GIVES RISE TO THE CLAIM. NOTWITHSTANDING ANYTHING IN ANY ORDER TO THE CONTRARY, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL SELLER WILL NOT BE LIABLE FOR ANY SPECIAL DAMAGES, INDIRECT DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS INCURRED BY BUYER OR ANY THIRD PARTY, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO CUSTOMER, UNDER ANY CIRCUMSTANCESSELLER IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN BY SELLER. THESE EXCLUSIONS OF TYPES OF DAMAGES AND LIMITATIONS ON THE AMOUNT OF DAMAGES SET FORTH HEREIN SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER PURSUANT TO AGREEMENTBASED ON CONTRACT, WARRANTY (EXPRESS OR IMPLIED)INDEMNITY, TORT (INCLUDINGWARRANTY, BUT NOT LIMITED TOTORT, NEGLIGENCE, STRICT LIABILITY OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO ANY OTHER LEGAL THEORY. THESE EXCLUSIONS OF TYPES OF DAMAGES SHALL BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICESDEEMED INDEPENDENT OF, OR BY AND SHALL SURVIVE ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS FAILURE OF THE DAMAGES CAP. NOTWITHSTANDING ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE TERMS OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADTHIS AGREEMENT.

Limitation of Liability. NOTWITHSTANDING THE MAXIMUM AGGREGATE LIABLITY ARISING OUT OF THIS AGREEMENT OR ANY PROVISION RELATED AGREEMENT WILL NOT IN THIS AGREEMENT, ANY EVENT EXCEED ONE MILLION DOLLARS. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONCONSEQUENTIAL, INDIRECT, SPECIAL, LIQUIDATEDINCIDENTAL, EXEMPLARY, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDEREXEMPLARY DAMAGES, WHETHER ALLEGED AS A BREACH OF CONTRACT FORESEEABLE OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEUNFORESEEABLE, EVEN IF COMPANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE , ARISING OUT OF (i) THE PERFORMANCE OR IN CONNECTION WITH NON- PERFORMANCE OF THIS AGREEMENT OR FROM THE PERFORMANCE ANY RELATED AGREEMENT, OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT ANY SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREUNDER, OR (ii) ANY CLAIM, CAUSE OF ACTION, BREACH OF CONTRACT OR ANY EXPRESS OR IMPLIED WARRANTY, UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS ANY RELATED AGREEMENT OR IMPLIED)OTHERWISE, TORT (INCLUDING, BUT NOT LIMITED TOMISREPRESENTATION, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OTHER TORT. FOR PURPOSES OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOINGCLARITY, THE FOLLOWING WILL BE DEEMED DIRECT DAMAGES CAP ON CARGO TRANSPORTED FOR PURPOSES OF THIS AGREEMENT: (A) ANY AMOUNTS PAYABLE BY COMPANY IS LIMITED AN INDEMNIFIED PARTY TO A RELEASE VALUE OF $2.50 PER POUNDTHIRD PARTY PURSUANT TO A JUDGMENT OR TO A SETTLEMENT AGREEMENT APPROVED IN WRITING BY AN INDEMNIFYING PARTY, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADLIABILITY FOR WHICH FALLS WITHIN THE INDEMNIFYING PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, AND (B) ALL FEES PAYABLE BY CLIENT UNDER THIS AGREEMENT.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION FOR ALL EVENTS AND CIRCUMSTANCES, EITHER PARTY'S AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR NON- PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN THIS AGREEMENTCONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STATUTE OR OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT WILL COMPANY SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY LOSS OF PROFITSINDIRECT, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECTPUNITIVE, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL OTHER DAMAGES OF ANY TYPE OR KIND IN CONNECTION WITH (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF THE FURNISHINGOF, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN ANY WAY CONNECTED WITH THIS ORANGEHRM SERVICE, INCLUDING NEGLIGENCEBUT NOT LIMITED TO THE USE OR INABILITY TO USE THE ORANGEHRM SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE ORANGEHRM SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF COMPANY HAS THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTThe limitation of liability is to the maximum extent permitted by applicable law. As used in this Section, “we,” “our,” or “us” expressly includes Federated, and/or our commissioners, officers, directors, managers, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support/maintenance providers, distributors, advertisers, licensors, sublicensees, and assigns, or any person or entity involved in creating, producing, or distributing xxxxxxxxxxxxxxxx.xxxx. IN NO EVENT WILL COMPANY SHALL WE BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECTLOSS OR CORRUPTION OF BUSINESS INFORMATION OR OTHER DATA, SPECIALCOST OF COVER, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR OTHER PECUNIARY LOSS) ARISING OUT OF THE FURNISHINGUSE OR INABILITY TO USE THE SITE OR SERVICES. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, PERFORMANCE LOSSES, OR CLAIMS, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF OR PARTICIPATION IN THE EQUIPMENT SITE OR SERVICES PERFORMED HEREUNDERSERVICES, WHETHER ALLEGED AS A BREACH THE VIEWING, DISTRIBUTING, OR COPYING OF CONTRACT ANY CONTENT, OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCETHE USE OF OR RELIANCE UPON THE ACCURACY ANY SUCH CONTENT, EVEN IF COMPANY HAS WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND IN ADDITION, WE DISCLAIM ALL LIABILITY, REGARDLESS OF LOSS OR DAMAGE ARISING OUT THE FORM OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER ACTION, FOR THE EQUIPMENT ACTS OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT OMISSIONS OF OTHER USERS (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCEUNAUTHORIZED USERS, OR PRODUCTS AND/OR STRICT LIABILITY“HACKERS”) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY OF THE EQUIPMENT SITE OR SERVICES, . FEDERATED’S TOTAL LIABILITY TO YOU ARISING FROM OR RELATING TO THE SITE OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO FEDERATED BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADYOU.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO EVENT WILL COMPANY CIRCUMSTANCES SHALL ASURION BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIALINCIDENTAL, LIQUIDATEDCONSEQUENTIAL, EXEMPLARY, INCIDENTAL SPECIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT YOUR ACCESS OR FROM USE OF OR INABILITY TO ACCESS OR USE THE PERFORMANCE SERVICES, WHETHER OR BREACH THEREOF BY COMPANY NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ASURION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS, MISUSE OR DISCLOSURE OF DATA OR CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASURION’S AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL IN NO CASE NOT EXCEED THE PAYMENTS RECEIVED AMOUNT OF THE FEES PAID BY COMPANY FROM CUSTOMER YOU FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT AS APPLICABLE, IF ANY, DURING MOST RECENT THREE THE TWO (32) MONTHSMONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $10,000.00100.00, WHICEVER WHICHEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADITS ESSENTIAL PURPOSE.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION ANYTHING CONTAINED IN THIS AGREEMENTOR ANY OTHER AGREEMENT BETWEEN ZEISS AND BUYER, IN NO EVENT AND EXCEPT FOR DAMAGES CAUSED BY BUYER'S BREACH OF SECTIO 12.1, AND EXCEPT FOR DAMAGES CAUSED BY A PARTY’S BREACH OF SECTION 18, NEITHER PARTY WILL COMPANY BE LIABLE TO THE OTHER FOR ANY LOSS COST OF PROFITSREPAIRS, LOSS OF USEDATA, BUSINESS INTERRUPTIONOR INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH KIND, OR ARISING OUT DUE TO FAILURE TO SUPPLY, PATIENT OUTCOMES, LOSS OF PROFIT, REVENUES, OR BUSINESS OPPORTUNITY OR COSTS OF COVER, ALL OF WHICH EACH PARTY EXPRESSLY WAIVES TO THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEFULLEST EXTENT PERMITTED BY LAW, EVEN IF COMPANY EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S , AND EVEN IF SUCH DAMAGES WERE FORESEEABLE, WHETHER OR NOT BASED UPON EXPRESS WARRANTY OR IMPLIED WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY ON ANY CLAIM OR ANY KIND OTHER CAUSE OF LOSS OR DAMAGE ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM WITH THE PERFORMANCE DESIGN, MANUFACTURE, SALE, USE OR BREACH THEREOF BY COMPANY REPAIR OF THE PRODUCT(S), AND EVEN IF RECIPIENT’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. In the event that applicable state law does not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply. If applicable law limits the application of the provisions of this Section 15 (“Limitation of Liability”), ZEISS’ liability shall be limited to the maximum extent permissible. In no event shall ZEISS’ total liability for any claim or action exceed the purchase price of the Products out of which such claim or action arose. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ZEISS’S TOTAL AGGREGATE LIABILITY TO BUYER IN CONNECTION WITH THIS AGREEMENT, OR IN CONNECTION WITH ANY PRODUCT, PROCESS, MATERIAL, OR INFORMATION RELATED TO THIS AGREEMENT, SHALL IN NO CASE NOT EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR AMOUNTS PAID BBY BUYER TO ZEISS UNDER THE EQUIPMENT OR SERVICES PROVIDED ORDER UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY WHICH THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADLIABILITY AROSE.

Limitation of Liability. NOTWITHSTANDING EXCEPT FOR A BREACH BY EITHER PARTY OF ITS CONFIDENTIALITY OBLIGATIONS UNDER ARTICLE 7 AND EXCEPT FOR BREACHES OF ANY PROVISION IN THIS AGREEMENTLICENSE RESTRICTIONS, IN OR ANY PAYMENT OBLIGATIONS RESULTING FROM AN INDEMNIFICATION OBLIGATION HEREUNDER, UNDER NO EVENT CIRCUMSTANCES WILL COMPANY EITHER PARTY BE LIABLE TO THE OTHER, UNDER CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OF LOST REVENUE, LOST PROFITS, LOSS OF USEEQUIPMENT DOWN-TIME, BUSINESS INTERRUPTIONOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT THE SUBJECT MATTER OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCETHIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON EXCEPT FOR A BREACH BY EITHER PARTY OF ITS CONFIDENTIALITY OBLIGATIONS UNDER ARTICLE 7 AND EXCEPT FOR BREACHES OF ANY CLAIM LICENSE RESTRICTIONS, OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR PAYMENT OBLIGATIONS RESULTING FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL AN INDEMNIFICATION OBLIGATION HEREUNDER, IN NO CASE EXCEED EVENT WILL EITHER PARTY’S LIABILITY TO THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED OTHER UNDER THIS AGREEMENT DURING MOST RECENT THREE EXCEED THE GREATER OF (3A) MONTHS, OR ONE MILLION DOLLARS ($10,000.00, WHICEVER IS GREATER1,000,000), (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITYB) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS REMAINING BOOK VALUE FOR THE DRY WORKFLOW ITEM THAT IS THE SUBJECT OF THE DAMAGES CAPCLAIM, AT THE TIME THE CLAIM IS MADE, AND (C) THE AMOUNTS PAID OR PAYABLE BY SUCH PARTY TO THE OTHER PARTY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD[*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION ANYTHING ELSE IN THIS AGREEMENTAGREEMENT OR OTHERWISE, IN NO EVENT GCT WILL COMPANY NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY LOSS AMOUNTS IN EXCESS OF PROFITSTHE LESSER OF (i) THE AGGREGATE OF THE AMOUNTS PAID TO GCT HEREUNDER DURING THE SIX MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, LOSS OF USEOR (ii) $50,000, BUSINESS INTERRUPTION, (B) INDIRECT, SPECIALINCIDENTAL, LIQUIDATEDCONSEQUENTIAL, EXEMPLARYPUNITIVE, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EXEMPLARY DAMAGES/EVEN IF COMPANY SUCH DAMAGES ARE FORESEEABLE OR GCT HAS BEEN ADVISED OR HAS CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON ), ARISING FROM GCT’S PERFORMANCE OR NONPERFORMANCE PURSUANT TO ANY CLAIM OR ANY KIND PROVISION OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF USE OF THE PRODUCTS (INCLUDING SUCH DAMAGES INCURRED BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3THIRD PARTIES) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDINGSUCH AS, BUT NOT LIMITED TOTO LOSS OF REVENUE OR ANTICIPATED PROFITS, NEGLIGENCELOSS OF BUSINESS OR LOSS OF USE, OR (C) COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY (D) LOSS OR CORRUPTION OF DATA OR INTERRUPTION OF USE OR BUSINESS. GCT SHALL HAVE NO LIABILITY FOR ANY INADEQUACY THEREOF, FAILURE OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAPDELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. NOTWITHSTANDING THE FOREGOING, THIS ARTICLE 16.1 SHALL NOT LIMIT LIABILITY FOR DAMAGES· THAT ARE THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED SUBJECT OF INDEMNIFICATION PURSUANT TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADARTICLE 15 ABOVE.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, IN NO EVENT WILL COMPANY SHALL PROGRESS’S TOTAL LIABILITY IN RESPECT OF ANY AND ALL CLAIMS OF ANY KIND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH, OR RESULTING FROM PROGRESS'S PERFORMANCE OR BREACH OF THIS WARRANTY, OR FROM PROGRESS'S SALE, DELIVERY, RESALE, REPAIR, OR REPLACEMENT OF ANY PRODUCT(S) OR THE FURNISHING OF ANY SERVICE, EXCEED THE PURCHASE PRICE ALLOCABLE TO THE PRODUCT(S) THAT GIVE RISE TO THE CLAIM, AND ANY AND ALL SUCH LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIOD. IN NO EVENT SHALL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATEDINCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL MULTIPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEPUNITIVE DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S , WHETHER AS THE RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY ON ANY CLAIM OR ANY KIND OTHER THEORY, INCLUDING WITHOUT LIMITATION LABOR OR EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PARTS, LOSS OF TIME, PROFITS OR REVENUES, LACK OR LOSS OF PRODUCTIVITY, LOSS OF USE OF THE PRODUCT(S) OR ANY ASSOCIATED EQUIPMENT, INTEREST CHARGES OR COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES, SYSTEMS, SERVICES OR DOWNTIME COSTS, DAMAGE TO OR LOSS OF PROPERTY OR EQUIPMENT, ANY INCONVENIENCE, COST OR DAMAGE ARISING OUT OF ANY DELAY IN PERFORMING, FAILURE TO PERFORM OR OTHER BREACH OF THE FOREGOING WARRANTY OR OBLIGATIONS UNDER SUCH WARRANTY, OR CLAIMS OF THIRD PARTIES AGAINST THE PURCHASER OF THE PRODUCTS OR THE END USER, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHSSALE, INSTALLATION, USE OF, INABILITY TO USE, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS THE REPAIR OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS REPLACEMENT OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADPRODUCTS.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOSS OF PROFITSALL EVENTS AND CIRCUMSTANCES, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S RED HAT’S AND ITS AFFILIATES’ AGGREGATE AND CUMULATIVE LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE TO PARTNER AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT OR FROM THE AND ANY ORDER FORM HEREUNDER, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED NON-PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR FORM OF THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCESCAUSE OF ACTION, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED)IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, NEGLIGENCE), OR PRODUCTS AND/OR STRICT LIABILITY) STATUTE OR OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE TOTAL AMOUNT PAID TO RED HAT AND ITS AFFILIATES BY PARTNER AND ITS AFFILIATES UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY FOR THE RED HAT PRODUCT OR SERVICE THAT IS THE SUBJECT MATTER OF THE CLAIM OR U.S. $5,000.00, WHICHEVER IS HIGHER. THE FORGOING LIMITATION SHALL NOT APPLY TO CLAIMS FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO TANGIBLE PERSONAL PROPERTY CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT NEGLIGENCE OF RED HAT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAPITS EMPLOYEES. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.責任の制限。適用法で許可されている最大限の範囲において、全ての事象および状況におけるレッドハットおよびその関連会社によるパートナーおよびその関連会社に対する、本契約および本取り決めに基づく注文書に起因するまたは関連する債務および重複責任（義務の履行または不履行を含むがこれらに限定されない）は、訴因の形態に関わらず、契約、不法行為（過失を含むがこれに限定されない）、規則その他のあるなしを問わず、直接的損害に限定され、レッドハット商品およびサービスに対する責任（申し立ての内容または$5,000.00 のいずれかの高い方）を引き起こした最初の事象に先立つ 12 ヶ月間にレッドハットおよびその関連会社に対して本契約に基づきパートナーおよびその関連会社より支払われた合計金額を超えないものとします。前述の制限は、身体傷害（死を含む）の申し立て、およびレッドハットおよびその関連会社の過失による有形個人資産への損害には適用されないものとします。

Limitation of Liability. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NEITHER PARTY SHALL HAVE ANY PROVISION IN THIS AGREEMENTLIABILITY WHATSOEVER FOR ANY INCIDENTAL, IN NO EVENT WILL COMPANY BE LIABLE FOR INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, OR ANY LOSS OF REVENUE OR PROFITS, LOSS OF USEBUSINESS, BUSINESS INTERRUPTIONOR LOSS OF DATA, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE FURNISHING, PERFORMANCE SUBJECT MATTER HEREOF (OR USE THE CORAGE INC. TECHNOLOGY TRANSFER AGREEMENT OR THE PROVISIONS OF THE EQUIPMENT SEPARATION AGREEMENT RELATED TO THIS AGREEMENT OR SERVICES PERFORMED HEREUNDERTHE CORAGE INC. TECHNOLOGY TRANSFER AGREEMENT), WHETHER ALLEGED AS A BREACH HOWEVER CAUSED AND REGARDLESS OF CONTRACT THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEOTHERWISE), EVEN IF COMPANY HAS BEEN ADVISED INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S IN ADDITION, IN NO EVENT WILL THE AGGREGATE LIABILITY ON ANY CLAIM OR ANY KIND OF LOSS OR DAMAGE EITHER PARTY AND ITS AFFILIATES (INCLUDING, IN THE CASE OF DSPGL, DSP GROUP, INC.) ARISING OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT OR FROM THE PERFORMANCE SUBJECT MATTER HEREOF (OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR CORAGE INC. TECHNOLOGY TRANSFER AGREEMENT OR THE EQUIPMENT OR SERVICES PROVIDED UNDER PROVISIONS OF THE SEPARATION AGREEMENT RELATED TO THIS AGREEMENT DURING MOST RECENT THREE OR THE CORAGE INC. TECHNOLOGY TRANSFER AGREEMENT) CUMULATIVELY EXCEED TEN MILLION US DOLLARS (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”10,000,000). COMPANY SHALL THE FOREGOING WILL NOT BE LIABLE TO CUSTOMER, UNDER SUPERSEDE OR LIMIT IN ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY WAY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS RIGHTS AND OBLIGATIONS OF THE DAMAGES CAPPARTIES UNDER THE COMBINATION AGREEMENT. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOAD.ARTICLE XI

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (1) IN NO EVENT WILL SHALL COMPANY OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF DATA, LOST PROFITS, LOSS GOODWILL, OR COST OF USEPROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, INDIRECT, OR FOR ANY SPECIAL, LIQUIDATEDINCIDENTAL, EXEMPLARYCONSEQUENTIAL OR INDIRECT DAMAGES ARISING UNDER, INCIDENTAL RELATED TO, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT OR ARISING OUT THE USE OR OPERATION OF THE FURNISHINGLICENSED MATERIALS, PERFORMANCE IN WHOLE OR USE IN PART, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY; (2) IN NO EVENT SHALL THE EQUIPMENT ENTIRE LIABILITY OF COMPANY OR SERVICES PERFORMED HEREUNDERITS LICENSORS ARISING UNDER, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNT OF LICENSE FEES RECEIVED BY COMPANY FROM LICENSEE FOR THE APPLICABLE LICENSED MATERIALS GIVING RISE TO SUCH LIABILITY; (3) THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY REGARDLESS OF WHETHER ALLEGED AS A BREACH OF CONTRACT SUCH LOSS WAS REASONABLY FORESEEABLE OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (4) THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES HEREIN. COMPANY'S LIABILITY ON NOTWITHSTANDING ANY CLAIM OR ANY KIND OTHER PROVISION OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY NEITHER PARTY EXCLUDES OR LIMITS ITS LIABILITY IN ANY WAY FOR ANY MATTER THAT CANNOT, AS A MATTER OF APPLICABLE LAW, BE LIMITED OR EXCLUDED. THE PARTIES AGREE THAT THIS SECTION 10 (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIMITATION OF LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY REPRESENTS AN ALLOCATION OF RISK WHICH THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADPARTIES CONSIDER REASONABLE.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTEXCEPT AS MAY ARISE OUT OF EITHER PARTY’S WILLFUL MISCONDUCT OR CUSTOMER’S BREACH OF SECTIONS 1 OR 5, IN NO EVENT NEITHER PARTY WILL COMPANY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS AND COSTS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND LOSS OF ANY KIND ECONOMIC ADVANTAGE) IN CONNECTION WITH OR ARISING OUT THE PERFORMANCE OF THE FURNISHINGCOMPANY IP OR DERIVATIVES (INCLUDING INABILITY TO USE THE SUBSCRIPTION SERVICES, OR FOR ANY CONTENT OBTAINED VIA THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION IN THE CONTENT, REGARDLESS OF CAUSE), OR THE PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEANY OTHER OBLIGATIONS UNDER THIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED IT IS AWARE OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES. COMPANY'S THE TOTAL CUMULATIVE LIABILITY ON OF COMPANY TO CUSTOMER FOR ANY CLAIM AND ALL CLAIMS AND DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING BY STATUTE, CONTRACT, TORT OR ANY KIND OF LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE OTHERWISE, WILL NOT EXCEED THE PAYMENTS RECEIVED FEES ACTUALLY PAID BY CUSTOMER TO COMPANY FROM CUSTOMER UNDER THE APPLICABLE ORDER FORM OR SOW FOR THE EQUIPMENT OR SUBSCRIPTION SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY PROFESSIONAL SERVICES WHICH FORM THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS SUBJECT OF THE DAMAGES CAPCLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOINGCertain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUNDconsequential or certain other types of damages, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADso the exclusions set forth above may not apply to you.

Limitation of Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENTDuring the Evaluation Period, the following language shall replace Section 8.0 of this Agreement (Limitation of Liability). DURING THE EVALUATION PERIOD, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY SHALL SERENA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT OR TORT, INCLUDING DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITSPROFITS OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF USE, FOR BUSINESS INTERRUPTION, INDIRECTFOR PERSONAL INJURY, SPECIALFOR LOSS OF PRIVACY, LIQUIDATEDFOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, EXEMPLARYFOR NEGLIGENCE, INCIDENTAL AND FOR ANY OTHER PECUNIARY OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE FURNISHING, PERFORMANCE OR USE OF OR INABILITY TO USE THE EQUIPMENT OR SERVICES PERFORMED HEREUNDERSOFTWARE, WHETHER ALLEGED AS A EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEBREACH OF WARRANTY OF SERENA, EVEN IF COMPANY SERENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ON THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY CLAIM OR REMEDY FAILS ITS ESSENTIAL PURPOSE. LICENSEE’S SOLE RECOURSE IN THE EVENT OF ANY KIND OF LOSS DISSATISFACTION WITH OR DAMAGE ARISING OUT OF OR FROM THE SOFTWARE IS TO STOP USING IT. NOTWITHSTANDING THE ABOVE, IN CONNECTION WITH NO EVENT SHALL SERENA’S LIABILITY UNDER THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE EXCEED THE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED WITH RESPECT TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS AND/OR STRICT LIABILITY) OR OTHERWISE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR SERVICES, OR BY ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS LICENSEE’S USE OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY OF $100,000 PER TRUCK LOADSOFTWARE EXCEED US$10.00.

Limitation of Liability. UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY PROVISION IN THIS AGREEMENTREMEDY SET FORTH HEREIN, IN NO EVENT WILL COMPANY EITHER PARTY, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABLE FOR FOR: ANY LOSS OF PROFITS, LOSS OF USESALES OR TURNOVER, BUSINESS INTERRUPTIONLOSS OR DAMAGE TO REPUTATION, BUSINESS, REVENUES OR SAVINGS, LOSS, DAMAGE OR CORRUPTION OF DATA OR SOFTWARE, OR ANY INCIDENTAL, INDIRECT, SPECIAL, LIQUIDATED, EXEMPLARY, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE EQUIPMENT OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEDAMAGES, EVEN IF COMPANY THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY POSSIBILITIES OF SUCH DAMAGESDAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, AND WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY. COMPANY'S IN THE EVENT OF ANY LIABILITY ON ANY CLAIM INCURRED BY EITHER PARTY OR ANY KIND OF LOSS OR DAMAGE ARISING OUT ITS AFFILIATES HEREUNDER, THE ENTIRE LIABILITY OF OR IN CONNECTION WITH THIS AGREEMENT OR EACH PARTY AND ITS AFFILIATES FOR DAMAGES FROM THE PERFORMANCE OR BREACH THEREOF BY COMPANY SHALL IN NO CASE ANY CAUSE WHATSOEVER WILL NOT EXCEED THE PAYMENTS RECEIVED LESSER OF THE POUND STERLING (A) AMOUNT PAID OR PAYABLE BY COMPANY FROM CUSTOMER FOR THE EQUIPMENT SPECIFIC PURCHASED ITEM(S) GIVING RISE TO THE CLAIM OR SERVICES PROVIDED UNDER (B) 100,000. ALL EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT DURING MOST RECENT THREE (3) MONTHS, OR $10,000.00, WHICEVER IS GREATER, (HEREAFTER REFERRED TO AS “DAMAGES CAP”). COMPANY SHALL NOT BE LIABLE TO CUSTOMER, UNDER ANY CIRCUMSTANCES, WHETHER PURSUANT TO AGREEMENT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR PRODUCTS ANY STATEMENT OF WORK AND/OR STRICT ANY PURCHASE ORDER SHALL ONLY APPLY SO FAR AS PERMITTED BY LAW AND IN PARTICULAR NOTHING SHALL EXCLUDE OR RESTRICT LIABILITY: (I) FOR DEATH OR OTHERWISE CAUSED PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF A PARTY OR ALLEGED ITS EMPLOYEES ACTING IN THE COURSE OF THEIR EMPLOYMENT, OR ITS AGENTS, ACTING IN THE FURTHERANCE OF THEIR DUTIES; (II) FOR FRAUDULENT MISREPRESENTATION OR OTHER FRAUD, (III) FOR ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982; (IV) TO BE CAUSED DIRECTLY OR INDIRECTLY THE EXTENT PROHIBITED BY THE EQUIPMENT OR SERVICES, OR BY CONSUMER PROTECTION ACT 1987; (V) FOR ANY INADEQUACY THEREOF, OR BY ANY DEFECT THEREIN, OR BY ANY ACT OF OMISSION IN CONNECTION THEREWITH IN EXCESS BREACH OF THE DAMAGES CAP. NOTWITHSTANDING THE FOREGOING, THE DAMAGES CAP ON CARGO TRANSPORTED BY COMPANY IS LIMITED TO A RELEASE VALUE CONFIDENTIALITY OBLIGATIONS SET OUT IN SECTION 9 OF $2.50 PER POUND, WITH A MAXIMUM RECOVERY THIS AGREEMENT; OR (VI) IN RESPECT OF $100,000 PER TRUCK LOADANY INDEMNITIES SET OUT IN THIS AGREEMENT.