Common use of Disclaimers and Limitations of Liability Clause in Contracts

Disclaimers and Limitations of Liability. A. Neither Intercontinental nor ICE Futures Canada: 1. Guarantee the sequence, timeliness, accuracy or completeness of any of its data; 2. Guarantee the accuracy or completeness of the API Software or the API Documentation; 3. Guarantee that all third party vendors with access to the API for the purposes of interfacing with the Simulation Environment and/or the Platform will have the same access rights; 4. Guarantee uninterrupted use of the Simulation Environment or the Platform to the Company; and/or 5. Make any representations or warranties, express or implied, including, without limitation, implied warranties or warranties of title, non-infringement, merchantability, and quality or fitness for a particular purpose. No oral or written information or advice given by Intercontinental or ICE Futures Canada shall create a warranty and the Company may not rely upon such information or advice. B. In relation to all and any claim or claims which the Company has or may have against Intercontinental and/or ICE Futures Canada, the following shall apply in relation to any and all claims arising or which the Company has or may have against the Intercontinental or ICE Futures Canada in connection with the API Materials or pursuant to or in connection with this Agreement: 1. NEITHER INTERCONTINENTAL NOR ICE FUTURES CANADA SHALL BE LIABLE IN ANY WAY TO THE COMPANY OR TO ANY OTHER PERSON OR ENTITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, OR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM: (A) ANY FAULTS WITH THE API OR API SOFTWARE, HOWEVER THOSE FAULTS MAY ARISE SAVE WHERE THE FAULT OR FAULTS WHICH HAVE GIVEN RISE TO SUCH LOSS OR LOSSES SHALL HAVE BEEN CAUSED BY AN ACT OR OMISSION OR SERIES OF ACTS OR OMISSIONS BY INTERCONTINENTAL AND/OR ICE FUTURES CANADA, AND ANY, OR ALL OF ITS OR THEIR OFFICERS, DIRECTORS, PARTICIPANTS, EMPLOYEES, AGENTS, CONSULTANTS OR LICENSORS, WHICH ACT OR OMISSION OR SERIES OF ACTS OR OMISSIONS AMOUNTS TO GROSS NEGLIGENCE; (B) THE SUSPENSION, TERMINATION OR INABILITY TO ACCESS OR USE THE API OR API SOFTWARE OR ANY INACCURACIES OR OMISSIONS IN ANY INFORMATION PROVIDED, HOWEVER SUCH SUSPENSIONS, TERMINATIONS, MALFUNCTIONS, INACCURACIES OR OMISSIONS MAY ARISE; (C) ANY FAILURE OR DELAY SUFFERED BY THE COMPANY OR ANY ICE FUTURES CANADA MARKET PARTICIPANT OR OTHER PERSON THAT RECEIVES ACCESS TO THE PLATFORM THROUGH THE COMPANY'S DAI; (D) ANY OTHER CAUSE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, MAINTENANCE OR USE OF OR INABILITY TO USE ALL OR ANY PART OF THE PLATFORM OR THE API OR API SOFTWARE; OR (E) ANY LOSSES RESULTING FROM UNAUTHORIZED ACCESS OR ANY OTHER MISUSE OF THE API. THESE LIMITATIONS OF LIABILITY SHALL APPLY WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. 2. IN NO CIRCUMSTANCES SHALL ANY PARTY TO THIS AGREEMENT (A "PARTY") BE LIABLE TO THE OTHER PARTIES TO THIS AGREEMENT, ANY ICE FUTURES CANADA MARKET PARTICIPANT OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR LOST PROFITS, EVEN IF SUCH LOSSES WERE FORESEEABLE, OR IF A PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF THE DAMAGES ARE DUE TO THAT PARTY’S OR ITS OFFICERS’, EMPLOYEES’, AGENTS’ OR REPRESENTATIVES’ ERROR, OMISSION OR NEGLIGENCE. 3. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR UNDER LAW, ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, TERMS OR REPRESENTATIONS EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE ARE HEREBY EXCLUDED. 4. THE AGGREGATE LIABILITY OF EITHER OR BOTH INTERCONTINENTAL AND ICE FUTURES CANADA TO THE COMPANY UNDER OR IN CONNECTION WITH THIS AGREEMENT INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY CLAIMS MADE UNDER CLAUSE 6 (D) (“GENERAL PROVISIONS – INTELLECTUAL PROPERTY INDEMNIFICATION”) SHALL BE THE GREATER OF THE FOLLOWING: (A) AN AMOUNT EQUAL TO THE CHARGES PAID BY THE COMPANY TO INTERCONTINENTAL AND ICE FUTURES CANADA HEREUNDER FOR THE PERIOD OF THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE ACT OR OMISSION OF INTERCONTINENTAL AND/OR ICE FUTURES CANADA OCCURRED, OR IN THE CASE OF A SERIES OF ACTS OR OMISSIONS THE DATE UPON WHICH THE FIRST OF THE SERIES OCCURRED; OR (B) $10,000. SUBJECT TO CLAUSE 6 (D), THE COMPANY SHALL NOTIFY ICE FUTURES CANADA AND INTERCONTINENTAL OF ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT WITHIN THREE (3) CALENDAR MONTHS OF THE DATE ON WHICH IT BECAME AWARE OF THE SPECIFIC ACT, FACT, CIRCUMSTANCE OR EVENT WHICH GAVE RISE TO THE CLAIM OR, IF LATER, THE DATE ON WHICH IT OUGHT REASONABLY, IN ALL THE CIRCUMSTANCES, TO HAVE BECOME SO AWARE AND SHALL BRING SUCH CLAIM WITHIN SIX (6) CALENDAR MONTHS OF THAT DATE.

Disclaimers and Limitations of Liability. A. Neither Intercontinental nor ICE Futures Canada:COUNTY, BY AND THROUGH PICTOMETRY AND/OR XXXXXXX, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON- INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS TO THE SYSTEM, THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM IS FREE OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited to 1. Guarantee (i) delays, errors or omissions in the sequence, timeliness, accuracy or completeness of any of its data; 2. Guarantee the accuracy or completeness receipt of the API Software Delivered Content, (ii) changes, adjustments, corrections or modifications of the API Documentation; 3. Guarantee Delivered Content and (iii) that all third party vendors with access COUNTY may make modifications, changes and/or adjustments to the API for Delivered Content at any time and without notice to USER. At the purposes point of interfacing initial contact with any Delivered Content provided to the Simulation Environment and/or public, USER shall include the Platform will have disclaimer set forth in the preceding three paragraphs, in the same access rights; 4or substantially similar format with necessary adjustments for accuracy and applicability, including but not limited to defining “Delivered Content”. Guarantee uninterrupted use of the Simulation Environment or the Platform to the Company; and/or 5. Make any representations or warranties, express or implied, including, without limitation, implied warranties or warranties of title, non-infringement, merchantability, and quality or fitness for a particular purpose. No oral or written information or advice given by Intercontinental or ICE Futures Canada shall create a warranty and the Company may not rely upon such information or advice. B. In relation to all and any claim or claims which the Company has or may have against Intercontinental and/or ICE Futures Canada, the following shall apply in relation to any and all claims arising or which the Company has or may have against the Intercontinental or ICE Futures Canada in connection with the API Materials or pursuant to or in connection with this Agreement: 1. NEITHER INTERCONTINENTAL NOR ICE FUTURES CANADA IN NO EVENT SHALL COUNTY BE LIABLE IN ANY WAY TO THE COMPANY OR TO ANY OTHER PERSON OR ENTITY FOR ANY LOSSESACTUAL, DAMAGES, COSTS OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, OR DIRECT, INDIRECT, INCIDENTAL SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM: (A) ANY FAULTS WITH THE API OR API SOFTWAREOF PROFIT, HOWEVER THOSE FAULTS MAY ARISE SAVE WHERE THE FAULT OR FAULTS WHICH HAVE GIVEN RISE TO SUCH LOSS OR LOSSES SHALL HAVE BEEN CAUSED BY AN ACT OR OMISSION OR SERIES OF ACTS OR OMISSIONS BY INTERCONTINENTAL AND/OR ICE FUTURES CANADA, AND ANY, OR ALL OF ITS OR THEIR OFFICERS, DIRECTORS, PARTICIPANTS, EMPLOYEES, AGENTS, CONSULTANTS OR LICENSORS, WHICH ACT OR OMISSION OR SERIES OF ACTS OR OMISSIONS AMOUNTS TO GROSS NEGLIGENCE; (B) THE SUSPENSION, TERMINATION OR INABILITY TO ACCESS OR USE THE API OR API SOFTWARE OR ANY INACCURACIES OR OMISSIONS IN ANY INFORMATION PROVIDED, HOWEVER SUCH SUSPENSIONS, TERMINATIONS, MALFUNCTIONS, INACCURACIES OR OMISSIONS MAY ARISE; (C) ANY FAILURE OR DELAY SUFFERED BY THE COMPANY OR ANY ICE FUTURES CANADA MARKET PARTICIPANT OR OTHER PERSON THAT RECEIVES ACCESS TO THE PLATFORM THROUGH THE COMPANY'S DAI; (D) ANY OTHER CAUSE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, MAINTENANCE OR USE OF OR INABILITY TO USE ALL OR ANY PART OF THE PLATFORM OR THE API OR API SOFTWARE; OR (E) ANY LOSSES RESULTING FROM UNAUTHORIZED ACCESS BUSINESS OR ANY OTHER MISUSE OF THE API. THESE LIMITATIONS OF LIABILITY SHALL APPLY WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. 2. IN NO CIRCUMSTANCES SHALL ANY PARTY TO THIS AGREEMENT (A "PARTY") BE LIABLE TO THE OTHER PARTIES TO THIS AGREEMENT, ANY ICE FUTURES CANADA MARKET PARTICIPANT FINANCIAL LOSS OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR LOST PROFITS, DAMAGES EVEN IF SUCH LOSSES WERE FORESEEABLE, OR IF A PARTY HAD THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE SUCH DAMAGE. COUNTY’S SOLE LIABILITY AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES AND EVEN IF RELATED TO THIS HCUA OR FOR ANY BREACH OF THIS HCUA, INCLUDING BUT NOT LIMITED TO LIABILITY FOR SYSTEM OR DELIVERED CONTENT NONPERFORMANCE, ERRORS OR OMISSIONS, SHALL BE LIMITED TO RESTORING OR CORRECTING THE DAMAGES ARE DUE TO THAT PARTY’S SYSTEM OR ITS OFFICERS’, EMPLOYEES’, AGENTS’ OR REPRESENTATIVES’ ERROR, OMISSION OR NEGLIGENCE. 3. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR UNDER LAW, ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, TERMS OR REPRESENTATIONS EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE ARE HEREBY EXCLUDED. 4. THE AGGREGATE LIABILITY OF EITHER OR BOTH INTERCONTINENTAL AND ICE FUTURES CANADA DELIVERED CONTENT TO THE COMPANY EXTENT AND DEGREE COUNTY IS CAPABLE OF PERFORMING THE SAME AND AS IS REASONABLY POSSIBLE UNDER OR IN CONNECTION WITH THIS AGREEMENT INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY CLAIMS MADE UNDER CLAUSE 6 (D) (“GENERAL PROVISIONS – INTELLECTUAL PROPERTY INDEMNIFICATION”) SHALL BE THE GREATER OF THE FOLLOWING: (A) AN AMOUNT EQUAL TO THE CHARGES PAID BY THE COMPANY TO INTERCONTINENTAL AND ICE FUTURES CANADA HEREUNDER FOR THE PERIOD OF THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE ACT OR OMISSION OF INTERCONTINENTAL AND/OR ICE FUTURES CANADA OCCURRED, OR IN THE CASE OF A SERIES OF ACTS OR OMISSIONS THE DATE UPON WHICH THE FIRST OF THE SERIES OCCURRED; OR (B) $10,000. SUBJECT TO CLAUSE 6 (D), THE COMPANY SHALL NOTIFY ICE FUTURES CANADA AND INTERCONTINENTAL OF ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT WITHIN THREE (3) CALENDAR MONTHS OF THE DATE ON WHICH IT BECAME AWARE OF THE SPECIFIC ACT, FACT, CIRCUMSTANCE OR EVENT WHICH GAVE RISE TO THE CLAIM OR, IF LATER, THE DATE ON WHICH IT OUGHT REASONABLY, IN ALL THE PERTINENT CIRCUMSTANCES, TO HAVE BECOME SO AWARE AND SHALL BRING SUCH CLAIM WITHIN SIX (6) CALENDAR MONTHS OF THAT DATE.

Disclaimers and Limitations of Liability. A. Neither Intercontinental nor ICE Futures Canada: 1While efforts are made to ensure accuracy, typographical and other errors may exist in this Content and these Terms. Guarantee NimbeLink welcomes input from Users on the sequence, timeliness, accuracy or completeness of Content and any of its data; 2. Guarantee the accuracy or completeness of the API Software or the API Documentation; 3. Guarantee that all third party vendors with access to the API for the purposes of interfacing with the Simulation Environment and/or the Platform will have the same access rights; 4. Guarantee uninterrupted use of the Simulation Environment or the Platform to the Company; and/or 5. Make any representations or warranties, express or implied, including, without limitation, implied warranties or warranties of title, non-infringement, merchantabilityerrors noted, and quality or fitness for a particular purposemay post corrections but does not commit to do so. No oral or written information or advice given by Intercontinental or ICE Futures Canada shall create a warranty NimbeLink products are sold subject to its published Terms and the Company may not rely upon such information or advice. B. In relation to all and any claim or claims which the Company has or may have against Intercontinental and/or ICE Futures CanadaConditions, the following shall apply in relation subject to any and all claims arising or which the Company has or may have against the Intercontinental or ICE Futures Canada in connection separate agreements with the API Materials or pursuant to or in connection with this Agreement: 1its customers. NEITHER INTERCONTINENTAL NOR ICE FUTURES CANADA SHALL BE LIABLE IN NO WARRANTY OF ANY WAY TYPE IS EXTENDED BY THESE TERMS RELATED TO THE COMPANY RESOURCES, CONTENT, SUPPORT SERVICES OR TO ANY OTHER PERSON PRODUCT OR ENTITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSESSERVICE OF NIMBELINK, INCLUDING, BUT NOT LIMITED TO, LOSS IMPLIED, EXPRESS OR OTHER WARRANTIES OF PROFITSMERCHANTABILITY, LOSS FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON­INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY CONTROLLING LAW, THE LIABILITY OF USENIMBELINK FOR ANY CLAIMS, WHETHER BASED IN CONTRACT, WARRANTY, TORT OR DIRECTOTHERWISE, ARISING FROM OR RELATING TO THE RESOURCES OR CONTENT ARE LIMITED TO DIRECT DAMAGES INCURRED BY THE OTHER PARTY NOT EXCEEDING $100 OR, IF GREATER, THE MINIMUM LIABILITY PERMITTED UNDER CONTROLLING LAW. IN NO EVENT WILL NIMBELINK BE LIABLE FOR INDIRECT, INCIDENTAL SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM: (A) ANY FAULTS WITH PUNITIVE DAMAGES. THE API OR API SOFTWARE, HOWEVER THOSE FAULTS MAY ARISE SAVE WHERE THE FAULT OR FAULTS WHICH HAVE GIVEN RISE TO SUCH LOSS OR LOSSES SHALL HAVE BEEN CAUSED BY AN ACT OR OMISSION OR SERIES OF ACTS OR OMISSIONS BY INTERCONTINENTAL AND/OR ICE FUTURES CANADA, AND ANY, OR ALL OF ITS OR THEIR OFFICERS, DIRECTORS, PARTICIPANTS, EMPLOYEES, AGENTS, CONSULTANTS OR LICENSORS, WHICH ACT OR OMISSION OR SERIES OF ACTS OR OMISSIONS AMOUNTS TO GROSS NEGLIGENCE; (B) THE SUSPENSION, TERMINATION OR INABILITY TO ACCESS OR USE THE API OR API SOFTWARE OR ANY INACCURACIES OR OMISSIONS IN ANY INFORMATION PROVIDED, HOWEVER SUCH SUSPENSIONS, TERMINATIONS, MALFUNCTIONS, INACCURACIES OR OMISSIONS MAY ARISE; (C) ANY FAILURE OR DELAY SUFFERED BY THE COMPANY OR ANY ICE FUTURES CANADA MARKET PARTICIPANT OR OTHER PERSON THAT RECEIVES ACCESS TO THE PLATFORM THROUGH THE COMPANY'S DAI; (D) ANY OTHER CAUSE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, MAINTENANCE OR USE OF OR INABILITY TO USE ALL OR ANY PART OF THE PLATFORM OR THE API OR API SOFTWARE; OR (E) ANY LOSSES RESULTING FROM UNAUTHORIZED ACCESS OR ANY OTHER MISUSE OF THE API. THESE FOREGOING LIMITATIONS OF LIABILITY SHALL WILL APPLY WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. 2. IN NO CIRCUMSTANCES SHALL ANY PARTY TO THIS AGREEMENT (A "PARTY") BE LIABLE TO NOTWITHSTANDING THE OTHER PARTIES TO THIS AGREEMENT, ANY ICE FUTURES CANADA MARKET PARTICIPANT OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS FAILURE OF OR LOST PROFITS, EVEN IF SUCH LOSSES WERE FORESEEABLE, OR IF A PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF THE DAMAGES ARE DUE TO THAT PARTY’S OR ITS OFFICERS’, EMPLOYEES’, AGENTS’ OR REPRESENTATIVES’ ERROR, OMISSION OR NEGLIGENCE. 3. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR UNDER LAW, ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, TERMS OR REPRESENTATIONS EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE ARE HEREBY EXCLUDED. 4. THE AGGREGATE LIABILITY OF EITHER OR BOTH INTERCONTINENTAL AND ICE FUTURES CANADA TO THE COMPANY UNDER OR IN CONNECTION WITH THIS AGREEMENT INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY CLAIMS MADE UNDER CLAUSE 6 (D) (“GENERAL PROVISIONS – INTELLECTUAL PROPERTY INDEMNIFICATION”) SHALL BE THE GREATER OF THE FOLLOWING: (A) AN AMOUNT EQUAL TO THE CHARGES PAID BY THE COMPANY TO INTERCONTINENTAL AND ICE FUTURES CANADA HEREUNDER FOR THE PERIOD OF THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE ACT OR OMISSION OF INTERCONTINENTAL AND/OR ICE FUTURES CANADA OCCURRED, OR IN THE CASE OF A SERIES OF ACTS OR OMISSIONS THE DATE UPON WHICH THE FIRST OF THE SERIES OCCURRED; OR (B) $10,000. SUBJECT TO CLAUSE 6 (D), THE COMPANY SHALL NOTIFY ICE FUTURES CANADA AND INTERCONTINENTAL ESSENTIAL PURPOSE OF ANY CLAIM ARISING UNDER LIMITED WARRANTY OR IN CONNECTION WITH THIS AGREEMENT WITHIN THREE REMEDY HEREIN. Users and the organizations on behalf of which they are using the Resources, Content or Support Services, will hold harmless and indemnify NimbeLink and its affiliates, officers, directors, employees and agents from any claim, suit, legal action, or demand arising from or relating to: (3i) CALENDAR MONTHS OF THE DATE ON WHICH IT BECAME AWARE OF THE SPECIFIC ACTthe accessing or use of the Resources, FACTContent, CIRCUMSTANCE OR EVENT WHICH GAVE RISE TO THE CLAIM ORSupport Services by that User or organization or (ii) any violation of these Terms by that User or organization, IF LATERincluding, THE DATE ON WHICH IT OUGHT REASONABLYbut not limited to, IN ALL THE CIRCUMSTANCESall costs, TO HAVE BECOME SO AWARE AND SHALL BRING SUCH CLAIM WITHIN SIX (6) CALENDAR MONTHS OF THAT DATEliability, expense, and judgements incurred by XxxxxXxxx or arising in connection with any such claim.

Disclaimers and Limitations of Liability. A. Neither Intercontinental nor ICE Futures Canada: 1. Guarantee 8.1 MCI exercises no control over and has no responsibility for the sequencecontent of the information passing through its network, timeliness, accuracy a Service or completeness of any equipment maintained by Reseller or any of its data; 2End Users. Guarantee MCI specifically denies any responsibility for the accuracy or completeness quality of information obtained through its network, a Service or any equipment maintained by Reseller or any of its End Users. Reseller's and any End Users' use of any information obtained via MCI's network, a Service or any equipment maintained by Reseller or any of its End Users will be at Reseller's and the API Software or the API Documentation;End User's own risk. 38.2 EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, MCI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICES, RELATED PRODUCTS, EQUIPMENT, SOFTWARE OR DOCUMENTATION. Guarantee that all third MCI SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. 8.3 Neither party vendors with access will be liable to the API other for the purposes of interfacing with the Simulation Environment and/or the Platform will have the same access rights; 4. Guarantee uninterrupted use of the Simulation Environment any indirect, consequential, exemplary, special, incidental or the Platform to the Company; and/or 5. Make any representations or warranties, express or impliedpunitive damages, including, without limitation, implied warranties loss of use or warranties of titlelost business, non-infringementrevenue, merchantabilityprofits, and quality or fitness for a particular purpose. No oral or written information or advice given by Intercontinental or ICE Futures Canada shall create a warranty and the Company may not rely upon such information or advice. B. In relation to all and any claim or claims which the Company has or may have against Intercontinental and/or ICE Futures Canada, the following shall apply in relation to any and all claims goodwill arising or which the Company has or may have against the Intercontinental or ICE Futures Canada in connection with the API Materials or pursuant to or in connection with this Agreement: , under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if the party knew or should have known of the possibility of such damages. The total liability of MCI to Reseller in connection with this Agreement for any and all causes of actions and claims, including, without limitation, breach of contract, breach of warranty, indemnity, negligence, strict liability, misrepresentation and other torts, is limited to the lesser of: (a) direct damages proven by Reseller; or (b) the amount paid by Reseller to MCI under this Agreement for the one (1. NEITHER INTERCONTINENTAL NOR ICE FUTURES CANADA SHALL BE LIABLE IN ANY WAY TO THE COMPANY OR TO ANY OTHER PERSON OR ENTITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, OR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM: (A) ANY FAULTS WITH THE API OR API SOFTWARE, HOWEVER THOSE FAULTS MAY ARISE SAVE WHERE THE FAULT OR FAULTS WHICH HAVE GIVEN RISE TO SUCH LOSS OR LOSSES SHALL HAVE BEEN CAUSED BY AN ACT OR OMISSION OR SERIES OF ACTS OR OMISSIONS BY INTERCONTINENTAL AND/OR ICE FUTURES CANADA, AND ANY, OR ALL OF ITS OR THEIR OFFICERS, DIRECTORS, PARTICIPANTS, EMPLOYEES, AGENTS, CONSULTANTS OR LICENSORS, WHICH ACT OR OMISSION OR SERIES OF ACTS OR OMISSIONS AMOUNTS TO GROSS NEGLIGENCE; (B) THE SUSPENSION, TERMINATION OR INABILITY TO ACCESS OR USE THE API OR API SOFTWARE OR ANY INACCURACIES OR OMISSIONS IN ANY INFORMATION PROVIDED, HOWEVER SUCH SUSPENSIONS, TERMINATIONS, MALFUNCTIONS, INACCURACIES OR OMISSIONS MAY ARISE; (C) ANY FAILURE OR DELAY SUFFERED BY THE COMPANY OR ANY ICE FUTURES CANADA MARKET PARTICIPANT OR OTHER PERSON THAT RECEIVES ACCESS TO THE PLATFORM THROUGH THE COMPANY'S DAI; (D) ANY OTHER CAUSE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, MAINTENANCE OR USE OF OR INABILITY TO USE ALL OR ANY PART OF THE PLATFORM OR THE API OR API SOFTWARE; OR (E) ANY LOSSES RESULTING FROM UNAUTHORIZED ACCESS OR ANY OTHER MISUSE OF THE API. THESE LIMITATIONS OF LIABILITY SHALL APPLY WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISEmonth period prior to accrual of the most recent cause of action. 2. IN NO CIRCUMSTANCES SHALL ANY PARTY TO THIS AGREEMENT (A "PARTY") BE LIABLE TO THE OTHER PARTIES TO THIS AGREEMENT, ANY ICE FUTURES CANADA MARKET PARTICIPANT OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR LOST PROFITS, EVEN IF SUCH LOSSES WERE FORESEEABLE, OR IF A PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF THE DAMAGES ARE DUE TO THAT PARTY’S OR ITS OFFICERS’, EMPLOYEES’, AGENTS’ OR REPRESENTATIVES’ ERROR, OMISSION OR NEGLIGENCE. 3. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR UNDER LAW, ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, TERMS OR REPRESENTATIONS EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE ARE HEREBY EXCLUDED. 4. THE AGGREGATE LIABILITY OF EITHER OR BOTH INTERCONTINENTAL AND ICE FUTURES CANADA TO THE COMPANY UNDER OR IN CONNECTION WITH THIS AGREEMENT INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY CLAIMS MADE UNDER CLAUSE 6 (D) (“GENERAL PROVISIONS – INTELLECTUAL PROPERTY INDEMNIFICATION”) SHALL BE THE GREATER OF THE FOLLOWING: (A) AN AMOUNT EQUAL TO THE CHARGES PAID BY THE COMPANY TO INTERCONTINENTAL AND ICE FUTURES CANADA HEREUNDER FOR THE PERIOD OF THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE ACT OR OMISSION OF INTERCONTINENTAL AND/OR ICE FUTURES CANADA OCCURRED, OR IN THE CASE OF A SERIES OF ACTS OR OMISSIONS THE DATE UPON WHICH THE FIRST OF THE SERIES OCCURRED; OR (B) $10,000. SUBJECT TO CLAUSE 6 (D), THE COMPANY SHALL NOTIFY ICE FUTURES CANADA AND INTERCONTINENTAL OF ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT WITHIN THREE (3) CALENDAR MONTHS OF THE DATE ON WHICH IT BECAME AWARE OF THE SPECIFIC ACT, FACT, CIRCUMSTANCE OR EVENT WHICH GAVE RISE TO THE CLAIM OR, IF LATER, THE DATE ON WHICH IT OUGHT REASONABLY, IN ALL THE CIRCUMSTANCES, TO HAVE BECOME SO AWARE AND SHALL BRING SUCH CLAIM WITHIN SIX (6) CALENDAR MONTHS OF THAT DATE.

Disclaimers and Limitations of Liability. A. Neither Intercontinental nor ICE Futures Canada: 1. Guarantee Except as provided in Section 8.3, the sequenceProducts, timelinessServices, accuracy and Software Platform(s) are provided on an "AS IS" basis and Contractor makes no express or completeness of any of its data; 2. Guarantee the accuracy implied warranties, representations, or completeness of the API Software or the API Documentation; 3. Guarantee that all third party vendors endorsements whatsoever with access regard to the API Products, Services or Software Platform(s). Customer assumes all risk for the purposes of interfacing with the Simulation Environment and/or the Platform will have the same access rights; 4. Guarantee uninterrupted suitability and use of the Simulation Environment or the Platform to the Company; and/or 5. Make any representations or warrantiesProducts, express or implied, including, without limitation, implied warranties or warranties of title, non-infringement, merchantabilityServices and Software Platform(s), and quality or fitness for a particular purposethe consequences that flow therefrom, including determinations applied to Participants, and Customer’s compliance with applicable Law relating to Customer’s use of test data. No oral or written information or advice given by Intercontinental or ICE Futures Canada shall create a warranty and the Company may not rely upon such information or advice. B. In relation to all and any claim or claims which the Company has or may have against Intercontinental and/or ICE Futures CanadaSAMPLE CONTRACTOR ON BEHALF OF ITSELF AND ITS AFFILIATES, the following shall apply in relation to any and all claims arising or which the Company has or may have against the Intercontinental or ICE Futures Canada in connection with the API Materials or pursuant to or in connection with this Agreement: 1. NEITHER INTERCONTINENTAL NOR ICE FUTURES CANADA SHALL BE LIABLE IN ANY WAY TO THE COMPANY FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE PRODUCTS, SERVICES, AND SOFTWARE PLATFORM(S). FURTHER, CONTRACTOR ON BEHALF OF ITSELF AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, MAKES NO REPRESENTATION OR WARRANTY, ENDORSEMENT OF ANY OTHER PERSON KIND WHATSOEVER (EXPRESS OR ENTITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, OR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM: IMPLIED) THAT (A) ANY FAULTS WITH THE API SOFTWARE PLATFORM(S) WILL BE FREE FROM INTERRUPTION OR API SOFTWARE, HOWEVER THOSE FAULTS MAY ARISE SAVE WHERE THE FAULT ERROR-FREE OR FAULTS WHICH HAVE GIVEN RISE TO SUCH LOSS OR LOSSES SHALL HAVE BEEN CAUSED BY AN ACT OR OMISSION OR SERIES OF ACTS OR OMISSIONS BY INTERCONTINENTAL AND/OR ICE FUTURES CANADA, AND ANYTHAT SOFTWARE PROGRAM DEFECTS WILL ALWAYS BE CORRECTED, OR ALL OF ITS OR THEIR OFFICERS, DIRECTORS, PARTICIPANTS, EMPLOYEES, AGENTS, CONSULTANTS OR LICENSORS, WHICH ACT OR OMISSION OR SERIES OF ACTS OR OMISSIONS AMOUNTS TO GROSS NEGLIGENCE; (B) THE SUSPENSION, TERMINATION OR INABILITY TO ACCESS OR USE THE API OR API SOFTWARE OR ANY INACCURACIES OR OMISSIONS IN ANY INFORMATION PROVIDED, HOWEVER SUCH SUSPENSIONS, TERMINATIONS, MALFUNCTIONS, INACCURACIES OR OMISSIONS MAY ARISE; (C) ANY FAILURE OR DELAY SUFFERED BY THE COMPANY OR ANY ICE FUTURES CANADA MARKET PARTICIPANT OR OTHER PERSON THAT RECEIVES ACCESS TO THE PLATFORM THROUGH THE COMPANY'S DAI; (D) ANY OTHER CAUSE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, MAINTENANCE CUSTOMER’S ACTIVITIES OR USE OF THE PRODUCTS, SERVICES, OR INABILITY SOFTWARE PLATFORM(S) COMPLY WITH APPLICABLE LAW, OR THAT THE PRODUCTS, SERVICES, OR SOFTWARE PLATFORM(S) WILL SATISFY CUSTOMER’S OWN REQUIREMENTS AND OBJECTIVES. NO WARRANTY PROVIDED BY CONTRACTOR WILL APPLY TO USE ALL ANY PRODUCT IF: (I) SUCH PRODUCT HAS BEEN MISUSED, ALTERED, DAMAGED, OR USED OTHER THAN IN ACCORDANCE WITH THE APPLICABLE PACKAGE INSERT (INCLUDING THE SUBSTITUTION OF ANY PART OF THE PLATFORM MATERIAL OR THE API CONSUMABLE NOT AUTHORIZED BY CONTRACTOR) SO AS TO AFFECT ITS STABILITY OR API SOFTWARERELIABILITY; OR (E) ANY LOSSES RESULTING FROM UNAUTHORIZED ACCESS OR ANY OTHER MISUSE OF THE API. THESE LIMITATIONS OF LIABILITY SHALL APPLY WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. 2. IN NO CIRCUMSTANCES SHALL ANY PARTY TO THIS AGREEMENT (A "PARTY") BE LIABLE TO THE OTHER PARTIES TO THIS AGREEMENT, ANY ICE FUTURES CANADA MARKET PARTICIPANT OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR LOST PROFITS, EVEN IF SUCH LOSSES WERE FORESEEABLE, OR IF A PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF THE DAMAGES ARE DUE TO THAT PARTY’S OR ITS OFFICERS’, EMPLOYEES’, AGENTS’ OR REPRESENTATIVES’ ERROR, OMISSION OR NEGLIGENCE. 3. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR UNDER LAW, ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, TERMS OR REPRESENTATIONS EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE ARE HEREBY EXCLUDED. 4. THE AGGREGATE LIABILITY OF EITHER OR BOTH INTERCONTINENTAL AND ICE FUTURES CANADA TO THE COMPANY UNDER OR IN CONNECTION WITH THIS AGREEMENT INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY CLAIMS MADE UNDER CLAUSE 6 (D) (“GENERAL PROVISIONS – INTELLECTUAL PROPERTY INDEMNIFICATION”) SHALL BE THE GREATER OF THE FOLLOWING: (A) AN AMOUNT EQUAL TO THE CHARGES PAID BY THE COMPANY TO INTERCONTINENTAL AND ICE FUTURES CANADA HEREUNDER FOR THE PERIOD OF THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE ACT OR OMISSION OF INTERCONTINENTAL AND/OR ICE FUTURES CANADA OCCURRED, OR IN THE CASE OF A SERIES OF ACTS OR OMISSIONS THE DATE UPON WHICH THE FIRST OF THE SERIES OCCURRED; OR (B) $10,000. SUBJECT TO CLAUSE 6 (D), THE COMPANY SHALL NOTIFY ICE FUTURES CANADA AND INTERCONTINENTAL OF ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT WITHIN THREE (3) CALENDAR MONTHS OF THE DATE ON WHICH IT BECAME AWARE OF THE SPECIFIC ACT, FACT, CIRCUMSTANCE OR EVENT WHICH GAVE RISE TO THE CLAIM OR, IF LATER, THE DATE ON WHICH IT OUGHT REASONABLY, IN ALL THE CIRCUMSTANCES, TO HAVE BECOME SO AWARE AND SHALL BRING SUCH CLAIM WITHIN SIX (6) CALENDAR MONTHS OF THAT DATE.

Disclaimers and Limitations of Liability. A. Neither Intercontinental nor ICE Futures Canada: 1. Guarantee the sequenceNOTWITHSTANDING ANY ORAL OR WRITTEN COMMUNICATIONS BETWEEN THE PARTIES ABOUT OR IN CONNECTION WITH ACCESS, timeliness, accuracy or completeness of any of its data; 2. Guarantee the accuracy or completeness of the API Software or the API Documentation; 3. Guarantee that all third party vendors with access to the API for the purposes of interfacing with the Simulation Environment and/or the Platform will have the same access rights; 4. Guarantee uninterrupted use of the Simulation Environment or the Platform to the Company; and/or 5. Make any representations or warranties, express or implied, including, without limitation, implied warranties or warranties of title, non-infringement, merchantability, and quality or fitness for a particular purpose. No oral or written information or advice given by Intercontinental or ICE Futures Canada shall create a warranty and the Company may not rely upon such information or advice. B. In relation to all and any claim or claims which the Company has or may have against Intercontinental and/or ICE Futures Canada, the following shall apply in relation to any and all claims arising or which the Company has or may have against the Intercontinental or ICE Futures Canada in connection with the API Materials or pursuant to or in connection with this Agreement: 1. NEITHER INTERCONTINENTAL NOR ICE FUTURES CANADA SHALL BE LIABLE EXCEPT AS EXPRESSLY STATED IN ANY WAY THIS AGREEMENT (WITHOUT REFERENCE TO THE INVOICE WHICH IS EXCLUDED FROM THIS DEFINITION OF “AGREEMENT”) AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SUB- CONTRACTORS OR TO LICENSORS MAKE ANY OTHER PERSON WARRANTIES OF ANY KIND, ORAL OR ENTITY FOR ANY LOSSESWRITTEN, DAMAGESEXPRESS OR IMPLIED, COSTS ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR EXPENSESOTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOSS ANY WARRANTIES OF PROFITSMERCHANTABILITY, LOSS OF USEFITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO ANY REPRESENTATION OR DIRECTDESCRIPTION, INDIRECTCOMPLETE SECURITY, INCIDENTAL FREEDOM FROM ERRORS, NON-INTERRUPTION, NON- INTERFERENCE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM: (A) ANY FAULTS WITH THE API OR API SOFTWARE, HOWEVER THOSE FAULTS MAY ARISE SAVE WHERE THE FAULT OR FAULTS WHICH HAVE GIVEN RISE TO SUCH LOSS OR LOSSES SHALL HAVE BEEN CAUSED BY AN ACT OR OMISSION OR SERIES OF ACTS OR OMISSIONS BY INTERCONTINENTAL AND/OR ICE FUTURES CANADA, AND ANY, OR ALL OF ITS OR THEIR OFFICERS, DIRECTORS, PARTICIPANTS, EMPLOYEES, AGENTS, CONSULTANTS OR LICENSORS, WHICH ACT OR OMISSION OR SERIES OF ACTS OR OMISSIONS AMOUNTS TO GROSS NEGLIGENCE; (B) THE SUSPENSION, TERMINATION OR INABILITY TO ACCESS OR USE THE API OR API SOFTWARE OR ANY INACCURACIES OR OMISSIONS IN ANY INFORMATION PROVIDED, HOWEVER SUCH SUSPENSIONS, TERMINATIONS, MALFUNCTIONS, INACCURACIES OR OMISSIONS MAY ARISE; (C) ANY FAILURE OR DELAY SUFFERED BY THE COMPANY OR ANY ICE FUTURES CANADA MARKET PARTICIPANT OR OTHER PERSON THAT RECEIVES ACCESS TO THE PLATFORM THROUGH THE COMPANY'S DAI; (D) ANY OTHER CAUSE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, MAINTENANCE OR USE OF OR INABILITY TO USE ALL OR ANY PART OF THE PLATFORM OR THE API OR API SOFTWARE; OR (E) ANY LOSSES RESULTING FROM UNAUTHORIZED ACCESS OR ANY OTHER MISUSE OF THE API. THESE LIMITATIONS OF LIABILITY SHALL APPLY WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. 2. IN NO CIRCUMSTANCES SHALL ANY PARTY TO THIS AGREEMENT (A "PARTY") BE LIABLE TO THE OTHER PARTIES TO THIS AGREEMENT, ANY ICE FUTURES CANADA MARKET PARTICIPANT OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR LOST PROFITS, EVEN IF SUCH LOSSES WERE FORESEEABLE, OR IF A PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF THE DAMAGES ARE DUE TO THAT PARTY’S OR ITS OFFICERS’, EMPLOYEES’, AGENTS’ OR REPRESENTATIVES’ ERROR, OMISSION OR NEGLIGENCE. 3NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED STATED IN THIS AGREEMENT OR UNDER LAW, ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, TERMS OR REPRESENTATIONS EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE ARE HEREBY EXCLUDED. 4. THE AGGREGATE LIABILITY OF EITHER OR BOTH INTERCONTINENTAL AND ICE FUTURES CANADA (WITHOUT REFERENCE TO THE COMPANY INVOICE WHICH IS EXCLUDED FROM THIS DEFINITION OF “AGREEMENT”), ACCESS PROVIDED UNDER OR IN CONNECTION ASSOCIATED WITH THIS AGREEMENT INCLUDINGIS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. To the maximum extent permitted by applicable law, FOR THE AVOIDANCE OF DOUBTunder no circumstances shall Company be liable for any lost revenues, ANY CLAIMS MADE UNDER CLAUSE 6 profits, data or business, or consequential, indirect, incidental, exemplary, special or punitive damages of any nature, whether such liability is asserted on the basis of contract, tort (Dincluding negligence or strict liability) (“GENERAL PROVISIONS – INTELLECTUAL PROPERTY INDEMNIFICATION”) SHALL BE THE GREATER OF THE FOLLOWING: (A) AN AMOUNT EQUAL TO THE CHARGES PAID BY THE COMPANY TO INTERCONTINENTAL AND ICE FUTURES CANADA HEREUNDER FOR THE PERIOD OF THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE ACT OR OMISSION OF INTERCONTINENTAL AND/OR ICE FUTURES CANADA OCCURREDor otherwise, OR IN THE CASE OF A SERIES OF ACTS OR OMISSIONS THE DATE UPON WHICH THE FIRST OF THE SERIES OCCURREDand whether or not the possibility of such damages is foreseeable or Customer has provided Company with notice thereof; OR (B) $10,000. SUBJECT TO CLAUSE 6 (D)provided, THE COMPANY SHALL NOTIFY ICE FUTURES CANADA AND INTERCONTINENTAL OF ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT WITHIN THREE (3) CALENDAR MONTHS OF THE DATE ON WHICH IT BECAME AWARE OF THE SPECIFIC ACThowever, FACT, CIRCUMSTANCE OR EVENT WHICH GAVE RISE TO THE CLAIM OR, IF LATER, THE DATE ON WHICH IT OUGHT REASONABLY, IN ALL THE CIRCUMSTANCES, TO HAVE BECOME SO AWARE AND SHALL BRING SUCH CLAIM WITHIN SIX (6) CALENDAR MONTHS OF THAT DATEthat this exclusion shall not apply to our indemnification obligations under Paragraph 10a.