Common use of DISCLAIMER AND LIMITATIONS OF LIABILITY Clause in Contracts

DISCLAIMER AND LIMITATIONS OF LIABILITY. 14.1 IN NO EVENT WILL EITHER PARTY BE LIABLE FOR (a) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR (b) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE PRODUCTS. A PARTY'S LIABILITY FOR DAMAGE TO PROPERTY SHALL BE LIMITED TO PHYSICAL DAMAGE DIRECTLY CAUSED BY THE SOLE NEGLIGENCE OF SUCH PARTY. EMC'S LIABILITY TO COMPANY SHALL IN NO EVENT EXCEED THE LESSER OF THE AGGREGATE PURCHASE PRICE OF THE PRODUCTS PAID UNDER THIS AGREEMENT OR ONE MILLION DOLLARS ($1,000,000). NEITHER PARTY SHALL BRING ANY CLAIM ARISING UNDER THIS AGREEMENT MORE THAN EIGHTEEN MONTHS AFTER SUCH CLAIM HAS ACCRUED. EXCEPT AS PROVIDED IN EMC'S WARRANTIES TO END-USERS IN NO EVENT WILL EMC BE LIABLE TO END-USERS OR OTHER THIRD PARTIES FOR ANY DAMAGES, EXCEPT FOR THOSE SPECIFIED IN SECTION 13, INCLUDING BUT NOT LIMITED TO: (i) DAMAGES CAUSED BY THE COMPANY'S FAILURE TO PERFORM ITS COVENANTS AND RESPONSIBILITIES, BY REASON OF EMC'S NEGLIGENCE FOR OTHERWISE; (ii) DAMAGES CAUSED BY REPAIRS OR ALTERATIONS DONE WITHOUT EMC'S WRITTEN APPROVAL; OR (iii) DAMAGES DUE TO DETERIORATION DURING PERIODS OF STORAGE BY THE COMPANY OR ANY OF ITS CUSTOMERS. THE COMPANY SHALL INDEMNIFY AND HOLD EMC HARMLESS AGAINST ALL SUCH CLAIMS ASSERTED BY THE END-USERS OR OTHER THIRD PARTIES AS A RESULT OF THE COMPANY'S ACTS OR OMISSIONS. EMC SHALL HAVE NO LIABILITY TO THE COMPANY FOR DAMAGES OF ANY KIND, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ON ACCOUNT OF THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EMC SHALL NOT BE LIABLE TO COMPANY ON ACCOUNT OF THE TERMINATION OR THE EXPIRATION OF THIS AGREEMENT FOR REIMBURSEMENT OR DAMAGES FOR THE LOSS OF GOODWILL, PROSPECTIVE PROFITS OR ANTICIPATED SALES, OR ON ACCOUNT OF ANY EXPENDITURES INVESTMENTS OR COMMITMENTS MADE BY THE COMPANY OR FOR ANY REASON WHATSOEVER BASED UPON OR GROWING OUT OF SUCH TERMINATION OR EXPIRATION. 14.2 To the extent a claim or action is brought against EMC based on or related to the Company's failure to observe or perform its obligations under this Agreement, including its obligation to notify End-Users of limitations and disclaimers of warranties and liabilities, the Company shall defend and hold EMC harmless from and against any and all damages, costs and expenses, including reasonable attorney's fees, suffered against EMC.

DISCLAIMER AND LIMITATIONS OF LIABILITY. 14.1 (1). EXCEPT AS IS PROVIDED IN NO EVENT WILL EITHER PARTY BE LIABLE FOR (a) INCIDENTALTHE ABOVE PATENT AND COPYRIGHT SECTION, INDIRECTEMC'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, SPECIAL OR CONSEQUENTIAL DAMAGES OR (b) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS THE SALE OF EQUIPMENT, THE LICENSE OF SOFTWARE, THE PROVISION OF SERVICES AND THE USE, DATA PERFORMANCE, RECEIPT OR PROFITSDISPOSITION OF SUCH EQUIPMENT, SOFTWARE OR SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF THE [*] PAID BY CUSTOMER (OTHER THAN REIMBURSEMENT OF EMC'S EXPENSES) FOR SUCH EQUIPMENT, SOFTWARE AND/OR SERVICES DURING THE IMMEDIATELY PRECEDING [*] OR[*]. EMC'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO DAMAGES CAUSED BY EMC'S SOLE NEGLIGENCE, AND IS FURTHER LIMITED BY THE WARRANTY SECTION OF THESE GENERAL TERMS AND CONDITIONS. CUSTOMER WAIVES THE RIGHT TO BRING ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE PRODUCTS. A PARTY'S LIABILITY FOR DAMAGE TO PROPERTY SHALL BE LIMITED TO PHYSICAL DAMAGE DIRECTLY CAUSED BY THE SOLE NEGLIGENCE OF SUCH PARTY. EMC'S LIABILITY TO COMPANY SHALL IN NO EVENT EXCEED THE LESSER OF THE AGGREGATE PURCHASE PRICE OF THE PRODUCTS PAID UNDER THIS AGREEMENT OR ONE MILLION DOLLARS ($1,000,000). NEITHER PARTY SHALL BRING ANY CLAIM ARISING UNDER THIS AGREEMENT MORE THAN EIGHTEEN MONTHS AFTER SUCH THE CAUSE OF ACTION UPON WHICH THE CLAIM HAS ACCRUEDIS BASED. (2). EXCEPT AS PROVIDED IN EMC'S WARRANTIES TO END-USERS IN NO EVENT WILL EMC SHALL EITHER PARTY BE LIABLE TO END-USERS THE OTHER OR ANY OTHER THIRD PARTIES PERSON OR ENTITY FOR ANY DAMAGESSPECIAL, EXCEPT FOR THOSE SPECIFIED IN SECTION 13INCIDENTAL, INCLUDING CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO: (i, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES) DAMAGES CAUSED BY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE COMPANY'S FAILURE TO PERFORM ITS COVENANTS SALE OF EQUIPMENT, THE LICENSE OF SOFTWARE, THE PROVISION OF SERVICES, AND RESPONSIBILITIESTHE USE, BY REASON PERFORMANCE, RECEIPT OR DISPOSITION OF EMC'S NEGLIGENCE FOR OTHERWISE; (ii) DAMAGES CAUSED BY REPAIRS SUCH EQUIPMENT, SOFTWARE OR ALTERATIONS DONE WITHOUT EMC'S WRITTEN APPROVAL; OR (iii) DAMAGES DUE TO DETERIORATION DURING PERIODS OF STORAGE BY THE COMPANY OR ANY OF ITS CUSTOMERS. THE COMPANY SHALL INDEMNIFY AND HOLD EMC HARMLESS AGAINST ALL SERVICES, EVEN IF SUCH CLAIMS ASSERTED BY THE END-USERS OR OTHER THIRD PARTIES AS A RESULT PARTY HAS BEEN ADVISED OF THE COMPANY'S ACTS OR OMISSIONS. EMC SHALL HAVE NO LIABILITY TO THE COMPANY FOR DAMAGES OF ANY KIND, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ON ACCOUNT OF THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EMC SHALL NOT BE LIABLE TO COMPANY ON ACCOUNT OF THE TERMINATION OR THE EXPIRATION OF THIS AGREEMENT FOR REIMBURSEMENT OR DAMAGES FOR THE LOSS OF GOODWILL, PROSPECTIVE PROFITS OR ANTICIPATED SALES, OR ON ACCOUNT OF ANY EXPENDITURES INVESTMENTS OR COMMITMENTS MADE BY THE COMPANY OR FOR ANY REASON WHATSOEVER BASED UPON OR GROWING OUT POSSIBILITY OF SUCH TERMINATION DAMAGES OR EXPIRATIONLOSSES. 14.2 To the extent a claim or action is brought against EMC based on or related to the Company's failure to observe or perform its obligations under this Agreement, including its obligation to notify End-Users of limitations and disclaimers of warranties and liabilities, the Company shall defend and hold EMC harmless from and against any and all damages, costs and expenses, including reasonable attorney's fees, suffered against EMC.

DISCLAIMER AND LIMITATIONS OF LIABILITY. 14.1 11.1. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, FRAXION DOES NOT MAKE ANY OTHER REPRESENTATION, WARRANTY, OR GUARANTY, AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES PROVIDED OR OFFERED HEREUNDER. 11.2. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES PROVIDED TO CLIENT HEREUNDER ARE PROVIDED STRICTLY ON AN “AS IS” BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 11.3. TO THE EXTENT PERMITTED BY LAW, XXXXXXX’S TOTAL AND AGGREGATED LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER WHETHER BASED ON CONTRACT, DELICT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY CLIENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY UNDER THIS AGREEMENT. 11.4. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. 11.5. THE LIMITATIONS IN THIS CLAUSE SHALL NOT APPLY TO CLIENT’S OBLIGATION TO PAY FEES LEGALLY OWED UNDER THIS AGREEMENT, EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, OR INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS. 11.6. IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE UNDER THE AGREEMENT FOR (a) ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL CONSEQUENTIAL OR CONSEQUENTIAL OTHER DAMAGES OF ANY TYPE OR KIND (b) ANY DAMAGES WHATSOEVER RESULTING FROM INCLUDING LOSS OF USEDATA, DATA REVENUE, PROFITS, USE OR PROFITSOTHER ECONOMIC ADVANTAGE), REGARDLESS OF THE CAUSE, ARISING OUT OF OR IN CONNECTION WITH THIS THE AGREEMENT OR THE USE OR PERFORMANCE SERVICES PROVIDED HEREUNDER, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAS BEEN PREVIOUSLY ADVISED OF THE PRODUCTSPOSSIBILITY OF SUCH DAMAGES. 11.7. NOTHING HEREIN SHALL LIMIT A PARTY'S ’S LIABILITY IN AN ACTION IN DELICT (SEPARATE AND DISTINCT FROM A CAUSE OF ACTION FOR DAMAGE TO PROPERTY SHALL BE LIMITED TO PHYSICAL DAMAGE DIRECTLY CAUSED BY THE SOLE NEGLIGENCE OF SUCH PARTY. EMC'S LIABILITY TO COMPANY SHALL IN NO EVENT EXCEED THE LESSER OF THE AGGREGATE PURCHASE PRICE OF THE PRODUCTS PAID UNDER THIS AGREEMENT OR ONE MILLION DOLLARS ($1,000,000). NEITHER PARTY SHALL BRING ANY CLAIM ARISING UNDER THIS AGREEMENT MORE THAN EIGHTEEN MONTHS AFTER SUCH CLAIM HAS ACCRUED. EXCEPT AS PROVIDED IN EMC'S WARRANTIES TO END-USERS IN NO EVENT WILL EMC BE LIABLE TO END-USERS OR OTHER THIRD PARTIES FOR ANY DAMAGES, EXCEPT FOR THOSE SPECIFIED IN SECTION 13, INCLUDING BUT NOT LIMITED TO: (i) DAMAGES CAUSED BY THE COMPANY'S FAILURE TO PERFORM ITS COVENANTS AND RESPONSIBILITIES, BY REASON OF EMC'S NEGLIGENCE FOR OTHERWISE; (ii) DAMAGES CAUSED BY REPAIRS OR ALTERATIONS DONE WITHOUT EMC'S WRITTEN APPROVAL; OR (iii) DAMAGES DUE TO DETERIORATION DURING PERIODS OF STORAGE BY THE COMPANY OR ANY OF ITS CUSTOMERS. THE COMPANY SHALL INDEMNIFY AND HOLD EMC HARMLESS AGAINST ALL SUCH CLAIMS ASSERTED BY THE END-USERS OR OTHER THIRD PARTIES AS A RESULT OF THE COMPANY'S ACTS OR OMISSIONS. EMC SHALL HAVE NO LIABILITY TO THE COMPANY FOR DAMAGES OF ANY KIND, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ON ACCOUNT OF THE TERMINATION OR EXPIRATION BREACH OF THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EMC SHALL NOT BE LIABLE TO COMPANY ON ACCOUNT OF THE TERMINATION OR THE EXPIRATION OF THIS AGREEMENT FOR REIMBURSEMENT OR DAMAGES ) FOR THE LOSS OF GOODWILL, PROSPECTIVE PROFITS PARTY’S GROSS NEGLIGENCE OR ANTICIPATED SALES, OR ON ACCOUNT OF ANY EXPENDITURES INVESTMENTS OR COMMITMENTS MADE BY THE COMPANY OR FOR ANY REASON WHATSOEVER BASED UPON OR GROWING OUT OF SUCH TERMINATION OR EXPIRATIONWILFUL MISCONDUCT. 14.2 To the extent a claim or action is brought against EMC based on or related to the Company's failure to observe or perform its obligations under this Agreement, including its obligation to notify End-Users of limitations and disclaimers of warranties and liabilities, the Company shall defend and hold EMC harmless from and against any and all damages, costs and expenses, including reasonable attorney's fees, suffered against EMC.

DISCLAIMER AND LIMITATIONS OF LIABILITY. 14.1 (1). EXCEPT AS IS PROVIDED IN NO EVENT WILL EITHER PARTY BE LIABLE FOR (a) INCIDENTALTHE PATENTS AND COPYRIGHTS SECTION OF THIS AGREEMENT, INDIRECTEMC'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, SPECIAL OR CONSEQUENTIAL DAMAGES OR (b) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS THE LICENSE OF SOFTWARE, THE PROVISION OF SERVICES AND THE USE, DATA PERFORMANCE, RECEIPT OR PROFITSDISPOSITION OF SUCH SOFTWARE OR SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF THE ACTUAL AMOUNTS PAID BY CUSTOMER (OTHER THAN REIMBURSEMENT OF EMC'S EXPENSES) FOR SUCH SOFTWARE AND/OR SERVICES DURING THE IMMEDIATELY PRECEDING 12 MONTH PERIOD OR ONE MILLION US DOLLARS ($1,000,000). EMC'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO DAMAGES CAUSED BY EMC'S SOLE NEGLIGENCE, AND IS FURTHER LIMITED BY THE WARRANTY SECTION OF THIS AGREEMENT. CUSTOMER WAIVES THE RIGHT TO BRING ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE PRODUCTS. A PARTY'S LIABILITY FOR DAMAGE TO PROPERTY SHALL BE LIMITED TO PHYSICAL DAMAGE DIRECTLY CAUSED BY THE SOLE NEGLIGENCE OF SUCH PARTY. EMC'S LIABILITY TO COMPANY SHALL IN NO EVENT EXCEED THE LESSER OF THE AGGREGATE PURCHASE PRICE OF THE PRODUCTS PAID UNDER THIS AGREEMENT OR ONE MILLION DOLLARS ($1,000,000). NEITHER PARTY SHALL BRING ANY CLAIM ARISING UNDER THIS AGREEMENT MORE THAN EIGHTEEN MONTHS AFTER SUCH THE CAUSE OF ACTION UPON WHICH THE CLAIM HAS ACCRUEDIS BASED. (2). EXCEPT AS PROVIDED IN EMC'S WARRANTIES TO END-USERS IN NO EVENT WILL EMC SHALL EITHER PARTY BE LIABLE TO END-USERS THE OTHER FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER THIRD PARTIES FOR ANY DAMAGESEXEMPLARY DAMAGES (INCLUDING, EXCEPT FOR THOSE SPECIFIED IN SECTION 13, INCLUDING BUT NOT LIMITED TO: (i, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES) DAMAGES CAUSED BY THE COMPANY'S FAILURE TO PERFORM ITS COVENANTS AND RESPONSIBILITIESARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BY REASON OF EMC'S NEGLIGENCE FOR OTHERWISE; (ii) DAMAGES CAUSED BY REPAIRS OR ALTERATIONS DONE WITHOUT EMC'S WRITTEN APPROVAL; OR (iii) DAMAGES DUE TO DETERIORATION DURING PERIODS OF STORAGE BY THE COMPANY OR ANY OF ITS CUSTOMERS. THE COMPANY SHALL INDEMNIFY AND HOLD EMC HARMLESS AGAINST ALL EVEN IF SUCH CLAIMS ASSERTED BY THE END-USERS OR OTHER THIRD PARTIES AS A RESULT PARTY HAS BEEN ADVISED OF THE COMPANY'S ACTS OR OMISSIONS. EMC SHALL HAVE NO LIABILITY TO THE COMPANY FOR DAMAGES OF ANY KIND, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ON ACCOUNT OF THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EMC SHALL NOT BE LIABLE TO COMPANY ON ACCOUNT OF THE TERMINATION OR THE EXPIRATION OF THIS AGREEMENT FOR REIMBURSEMENT OR DAMAGES FOR THE LOSS OF GOODWILL, PROSPECTIVE PROFITS OR ANTICIPATED SALES, OR ON ACCOUNT OF ANY EXPENDITURES INVESTMENTS OR COMMITMENTS MADE BY THE COMPANY OR FOR ANY REASON WHATSOEVER BASED UPON OR GROWING OUT POSSIBILITY OF SUCH TERMINATION DAMAGES OR EXPIRATIONLOSSES. 14.2 To the extent a claim or action is brought against EMC based on or related to the Company's failure to observe or perform its obligations under this Agreement, including its obligation to notify End-Users of limitations and disclaimers of warranties and liabilities, the Company shall defend and hold EMC harmless from and against any and all damages, costs and expenses, including reasonable attorney's fees, suffered against EMC.

DISCLAIMER AND LIMITATIONS OF LIABILITY. 14.1 (1). EXCEPT AS IS PROVIDED IN NO EVENT WILL EITHER PARTY BE LIABLE FOR (a) INCIDENTALTHE PATENTS AND COPYRIGHTS SECTION OF THIS AGREEMENT, INDIRECTEMC'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, SPECIAL OR CONSEQUENTIAL DAMAGES OR (b) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS THE LICENSE OF SOFTWARE, THE PROVISION OF SERVICES AND THE USE, DATA PERFORMANCE, RECEIPT OR PROFITSDISPOSITION OF SUCH SOFTWARE OR SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF THE ACTUAL AMOUNTS PAID BY CUSTOMER (OTHER THAN REIMBURSEMENT OF EMC'S EXPENSES) FOR SUCH SOFTWARE AND/OR SERVICES DURING THE IMMEDIATELY PRECEDING 12 MONTH PERIOD OR ONE MILLION US DOLLARS ($1,000,000). EMC'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO DAMAGES CAUSED BY EMC'S SOLE NEGLIGENCE, AND IS FURTHER LIMITED BY THE WARRANTY SECTION OF THIS AGREEMENT. CUSTOMER WAIVES THE RIGHT TO BRING ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE PRODUCTS. A PARTY'S LIABILITY FOR DAMAGE TO PROPERTY SHALL BE LIMITED TO PHYSICAL DAMAGE DIRECTLY CAUSED BY THE SOLE NEGLIGENCE OF SUCH PARTY. EMC'S LIABILITY TO COMPANY SHALL IN NO EVENT EXCEED THE LESSER OF THE AGGREGATE PURCHASE PRICE OF THE PRODUCTS PAID UNDER THIS AGREEMENT OR ONE MILLION DOLLARS ($1,000,000). NEITHER PARTY SHALL BRING ANY CLAIM ARISING UNDER THIS AGREEMENT MORE THAN EIGHTEEN MONTHS AFTER SUCH THE CAUSE OF ACTION UPON WHICH THE CLAIM HAS ACCRUEDIS BASED. (2). EXCEPT AS PROVIDED IN EMC'S WARRANTIES TO END-USERS IN NO EVENT WILL EMC SHALL EITHER PARTY BE LIABLE TO END-USERS THE OTHER FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER THIRD PARTIES FOR ANY DAMAGESEXEMPLARY DAMAGES (INCLUDING, EXCEPT FOR THOSE SPECIFIED IN SECTION 13, INCLUDING BUT NOT LIMITED TO: (i, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES) DAMAGES CAUSED BY THE COMPANY'S FAILURE TO PERFORM ITS COVENANTS AND RESPONSIBILITIESARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BY REASON OF EMC'S NEGLIGENCE FOR OTHERWISE; (ii) DAMAGES CAUSED BY REPAIRS OR ALTERATIONS DONE WITHOUT EMC'S WRITTEN APPROVAL; OR (iii) DAMAGES DUE TO DETERIORATION DURING PERIODS OF STORAGE BY THE COMPANY OR ANY OF ITS CUSTOMERS. THE COMPANY SHALL INDEMNIFY AND HOLD EMC HARMLESS AGAINST ALL EVEN IF SUCH CLAIMS ASSERTED BY THE END-USERS OR OTHER THIRD PARTIES AS A RESULT PARTY HAS BEEN ADVISED OF THE COMPANY'S ACTS OR OMISSIONS. EMC SHALL HAVE NO LIABILITY TO THE COMPANY FOR DAMAGES OF ANY KIND, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ON ACCOUNT OF THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EMC SHALL NOT BE LIABLE TO COMPANY ON ACCOUNT OF THE TERMINATION OR THE EXPIRATION OF THIS AGREEMENT FOR REIMBURSEMENT OR DAMAGES FOR THE LOSS OF GOODWILL, PROSPECTIVE PROFITS OR ANTICIPATED SALES, OR ON ACCOUNT OF ANY EXPENDITURES INVESTMENTS OR COMMITMENTS MADE BY THE COMPANY OR FOR ANY REASON WHATSOEVER BASED UPON OR GROWING OUT POSSIBILITY OF SUCH TERMINATION DAMAGES OR EXPIRATIONLOSSES. 14.2 To the extent a claim or action is brought against EMC based on or related to the Company's failure to observe or perform its obligations under this Agreement, including its obligation to notify End-Users of limitations and disclaimers of warranties and liabilities, the Company shall defend and hold EMC harmless from and against any and all damages, costs and expenses, including reasonable attorney's fees, suffered against EMC.