Common use of Exclusions and Limitation of Liability Clause in Contracts

Exclusions and Limitation of Liability. 5.1 EXCEPT AS SET OUT IN THIS AGREEMENT, ALL WARRANTIES, TERMS AND CONDITIONS WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, TERMS AND CONDITIONS AS TO ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, DESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 5.2 THE PRODUCTS WILL BE PREPARED AND THE SERVICES PERFORMED USING THE PARAMETERS SET OUT IN THE COVER SHEET (IF APPLICABLE) AND THE EXPERTISE OF CLARIVATE’S EMPLOYEES AND CONTRACTORS. WHILE REASONABLE AND CUSTOMARY CARE IS TAKEN IN CARRYING OUT THE SERVICES, CLARIVATE MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ANY PRODUCTS, THE DATA SOURCES SEARCHED OR THE RESULTS OBTAINED THEREFROM, NOR THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED. 5.3 CLIENT UNDERSTANDS THAT CLARIVATE DOES NOT PROVIDE ADVICE, WHETHER OF A LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL NATURE. THE INFORMATION, MATERIALS AND OPINIONS (IF ANY) CONTAINED IN THE PRODUCTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT TO PARTICULAR CIRCUMSTANCES. NEITHER CLARIVATE NOR ANY OF ITS THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY LOSS THAT MAY ARISE FROM ANY RELIANCE BY CLIENT, OR ANY THIRD PARTIES, ON THE INFORMATION OR OTHER MATERIALS CONTAINED IN ANY PRODUCT OR SERVICES. 5.4 CLIENT ACKNOWLEDGES THAT THE SERVICES MAY BE BASED AND RELY ON (I) INFORMATION PROVIDED BY CLIENT, OR A THIRD PARTY ON BEHALF OF CLIENT, (II) RESOURCES PROVIDED BY CLIENT, OR (III) OTHER FACTORS NOT WITHIN THE CONTROL OF CLARIVATE. IN SUCH CASES, CLARIVATE SHALL NOT BE RESPONSIBLE FOR ANY BREACH OR NON-PERFORMANCE THAT OCCURS DUE TO SUCH INFORMATION, RESOURCES OR OTHER FACTORS OUTSIDE OF CLARIVATE’S CONTROL. 5.5 NEITHER PARTY WILL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR: 5.5.1LOSS OF PROFITS, BUSINESS, OPPORTUNITY, REPUTATION OR ANTICIPATED SAVINGS (EXCEPT IN RELATION TO CLIENT’S OBLIGATION TO PAY THE FEES);

Exclusions and Limitation of Liability. 5.1 EXCEPT AS SET OUT IN THIS AGREEMENT, ALL WARRANTIES, TERMS AND CONDITIONS WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, TERMS AND CONDITIONS AS TO ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, DESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 5.2 THE PRODUCTS WILL BE PREPARED AND THE SERVICES PERFORMED USING THE PARAMETERS SET OUT IN THE COVER SHEET (IF APPLICABLE) AND THE EXPERTISE OF CLARIVATETHOMSON COMPUMARK’S EMPLOYEES AND CONTRACTORS. WHILE REASONABLE AND CUSTOMARY CARE IS TAKEN IN CARRYING OUT THE SERVICES, CLARIVATE THOMSON COMPUMARK MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ANY PRODUCTS, THE DATA SOURCES SEARCHED OR THE RESULTS OBTAINED THEREFROM, NOR THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED. 5.3 CLIENT UNDERSTANDS THAT CLARIVATE THOMSON COMPUMARK DOES NOT PROVIDE ADVICE, WHETHER OF A LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL NATURE. THE INFORMATION, MATERIALS AND OPINIONS (IF ANY) CONTAINED IN THE PRODUCTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT TO PARTICULAR CIRCUMSTANCES. NEITHER CLARIVATE THOMSON COMPUMARK NOR ANY OF ITS THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY LOSS THAT MAY ARISE FROM ANY RELIANCE BY CLIENT, OR ANY THIRD PARTIES, ON THE INFORMATION OR OTHER MATERIALS CONTAINED IN ANY PRODUCT OR SERVICES. 5.4 CLIENT ACKNOWLEDGES THAT THE SERVICES MAY BE BASED AND RELY ON (I) INFORMATION PROVIDED BY CLIENT, OR A THIRD PARTY ON BEHALF OF CLIENT, (II) RESOURCES PROVIDED BY CLIENT, OR (III) OTHER FACTORS NOT WITHIN THE CONTROL OF CLARIVATETHOMSON COMPUMARK. IN SUCH CASES, CLARIVATE THOMSON COMPUMARK SHALL NOT BE RESPONSIBLE FOR ANY BREACH OR NON-PERFORMANCE THAT OCCURS DUE TO SUCH INFORMATION, RESOURCES OR OTHER FACTORS OUTSIDE OF CLARIVATETHOMSON COMPUMARK’S CONTROL. 5.5 NEITHER PARTY WILL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR: 5.5.1LOSS OF PROFITS, BUSINESS, OPPORTUNITY, REPUTATION OR ANTICIPATED SAVINGS (EXCEPT IN RELATION TO CLIENT’S OBLIGATION TO PAY THE FEES);

Exclusions and Limitation of Liability. 5.1 EXCEPT AS SET OUT As a Condition precedent to any liability of Fidelity, Customer must notify Fidelity in writing of any alleged negligence or breach of this Agreement as promptly as reasonably possible, but in no event later than five (5) business days following the day on which such alleged negligence or breach was, or could reasonably have been, discovered by Customer. FIDELITY’S LIABILITY, IF ANY, FOR ANY CLAIM, CAUSE OF ACTION OR LIABILITY WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE ARISING UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LIABILITY FOR PROCESSING ERRORS OR NEGLIGENCE, SHALL BE LIMITED TO (I) CUSTOMER’S DIRECT DAMAGES, ACTUALLY INCURRED, WHICH UNDER NO CIRCUMSTANCES SHALL EXCEED FIDELITY’S CHARGES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE ALLEGED NEGLIGENCE OR BREACH FOR THE PARTICULAR SERVICE TO WHICH CUSTOMER’S CLAIM PERTAINS OR (II) THE FINANCIAL REMEDIES SPECIFIED IN ANY EXHIBIT, IF APPLICABLE, WHICHEVER IS LESS. ALL WARRANTIES, TERMS AND CONDITIONS WHETHER IMPLIED DAMAGES SHALL BE REDUCED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED ANY AMOUNT RECEIVED BY CUSTOMER UNDER ANY INSURANCE POLICY COVERING THE EVENT GIVING RISE TO THE FULLEST EXTENT PERMITTED BY LAWLIABILITY. NOTWITHSTANDING THE FOREGOING, INCLUDING ANY WARRANTIES, TERMS AND CONDITIONS AS TO ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, DESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 5.2 THE PRODUCTS WILL BE PREPARED AND THE SERVICES PERFORMED USING THE PARAMETERS SET OUT IN THE COVER SHEET (IF APPLICABLE) AND THE EXPERTISE OF CLARIVATE’S EMPLOYEES AND CONTRACTORS. WHILE REASONABLE AND CUSTOMARY CARE IS TAKEN IN CARRYING OUT THE SERVICES, CLARIVATE MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ANY PRODUCTS, THE DATA SOURCES SEARCHED OR THE RESULTS OBTAINED THEREFROM, NOR THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED. 5.3 CLIENT UNDERSTANDS THAT CLARIVATE DOES NOT PROVIDE ADVICE, WHETHER OF A LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL NATURE. THE INFORMATION, MATERIALS AND OPINIONS (IF ANY) CONTAINED IN THE PRODUCTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT TO PARTICULAR CIRCUMSTANCES. NEITHER CLARIVATE NOR ANY OF ITS THIRD PARTY SUPPLIERS EVENT SHALL FIDELITY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, CLAIMS FOR LOSS THAT MAY ARISE FROM ANY RELIANCE BY CLIENTOF REVENUE OR PROFITS, OR FOR CLAIMS OR DEMANDS MADE BY ANY THIRD PARTIES, ON EVEN IF FIDELITY WAS ADVISED OF THE INFORMATION POSSIBILITY OF SUCH DAMAGES. FIDELITY SHALL HAVE NO LIABILITY, EXPRESS OR OTHER MATERIALS CONTAINED IN ANY PRODUCT OR SERVICES. 5.4 CLIENT ACKNOWLEDGES THAT THE SERVICES MAY BE BASED AND RELY ON (I) INFORMATION PROVIDED BY CLIENTIMPLIED, OR A THIRD PARTY ON BEHALF OF CLIENT, (II) RESOURCES PROVIDED BY CLIENT, OR (III) OTHER FACTORS NOT WITHIN THE CONTROL OF CLARIVATE. IN SUCH CASES, CLARIVATE SHALL NOT BE RESPONSIBLE FOR ANY BREACH OR NON-PERFORMANCE THAT OCCURS DUE TO SUCH INFORMATION, RESOURCES OR OTHER FACTORS OUTSIDE OF CLARIVATE’S CONTROL. 5.5 NEITHER PARTY WILL BE LIABLE IN WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR: 5.5.1LOSS WHICH RESULTS DIRECTLY OR INDIRECTLY FROM THE INTERNAL OPERATIONS AND PERFORMANCE OF PROFITSANY CUSTOMER PROVIDED SOFTWARE OR ANY ENHANCEMENT, BUSINESSDEVELOPMENT OR MAINTENANCE THEREOF. This Section also limits the liability of any agent, OPPORTUNITY, REPUTATION OR ANTICIPATED SAVINGS (EXCEPT IN RELATION TO CLIENT’S OBLIGATION TO PAY THE FEES);employee or Affiliate of Fidelity.

Exclusions and Limitation of Liability. 5.1 EXCEPT AS SET OUT IN THIS AGREEMENT, ALL WARRANTIES, TERMS AND CONDITIONS WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, TERMS AND CONDITIONS AS TO ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, DESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 5.2 THE PRODUCTS WILL BE PREPARED AND THE SERVICES PERFORMED USING THE PARAMETERS SET OUT IN THE COVER SHEET (IF APPLICABLEAPPLIABLE) AND THE EXPERTISE OF CLARIVATE’S EMPLOYEES AND CONTRACTORS. WHILE REASONABLE AND CUSTOMARY CARE IS TAKEN IN CARRYING OUT THE SERVICES, CLARIVATE MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ANY PRODUCTS, THE DATA SOURCES SEARCHED OR THE RESULTS OBTAINED THEREFROM, NOR THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED. 5.3 CLIENT UNDERSTANDS THAT CLARIVATE DOES NOT PROVIDE ADVICE, WHETHER OF A LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL NATURE. THE INFORMATION, MATERIALS AND OPINIONS (IF ANY) CONTAINED IN THE PRODUCTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT TO PARTICULAR CIRCUMSTANCES. NEITHER CLARIVATE NOR ANY OF ITS THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY LOSS THAT MAY ARISE FROM ANY RELIANCE BY CLIENT, OR ANY THIRD PARTIES, ON THE INFORMATION OR OTHER MATERIALS CONTAINED IN ANY PRODUCT OR SERVICES. 5.4 CLIENT ACKNOWLEDGES THAT THE SERVICES MAY BE BASED AND RELY ON (I) INFORMATION PROVIDED BY CLIENT, OR A THIRD PARTY ON BEHALF OF CLIENT, (II) RESOURCES PROVIDED BY CLIENT, OR (III) OTHER FACTORS NOT WITHIN THE CONTROL OF CLARIVATE. IN SUCH CASES, CLARIVATE SHALL NOT BE RESPONSIBLE FOR ANY BREACH OR NON-PERFORMANCE THAT OCCURS DUE TO SUCH INFORMATION, RESOURCES OR OTHER FACTORS OUTSIDE OF CLARIVATE’S CONTROL. 5.5 NEITHER PARTY WILL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR: 5.5.1LOSS : 5.5.1 LOSS OF PROFITS, BUSINESS, OPPORTUNITY, REPUTATION OR ANTICIPATED SAVINGS (EXCEPT IN RELATION TO CLIENT’S OBLIGATION TO PAY THE FEES); 5.5.2 CORRUPTION, ALTERATION, DAMAGE, LOSS OR MISTRANSMISSION (AS APPLICABLE) OF CLIENT’S OR ANY THIRD PARTY’S DATA, SOFTWARE, HARDWARE OR SYSTEMS; 5.5.3 LOSS OR DAMAGE RESULTING FROM THE INADEQUACY OF SECURITY OF DATA DURING TRANSMISSION VIA PUBLIC ELECTRONIC COMMUNICATIONS NETWORKS OR FACILITIES, 5.6 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH ANY AGREEMENT EXCEED, IN ANY 12-MONTH PERIOD, THE FEES PAID OR PAYABLE BY CLIENT TO CLARIVATE UNDER SUCH AGREEMENT DURING SUCH 12-MONTH PERIOD. 5.7 Clauses 5.3, 5.4, 5.5 and 5.6 shall: 5.7.1 not apply in relation to: (i) each Party’s obligation to indemnify the other Party under this Agreement; and (ii) any liability arising out of or in connection with Client’s infringement of any Intellectual Property Rights in the Services or in the Products, or Client’s unauthorized use of the Products; and 5.7.2 subject to clause 5.7.1, apply equally to Clarivate’s Affiliates and Third Party Suppliers as if such third parties were Clarivate. 5.8 Nothing in this Agreement excludes or limits either Party’s liability for death, personal injury resulting from its negligence, fraud, or any other liability to the extent that such liability cannot be excluded or limited by applicable law.

Exclusions and Limitation of Liability. 5.1 EXCEPT AS SET OUT (a) IN THIS AGREEMENTNO EVENT WILL AIRESAFE, ALL WARRANTIES, TERMS AND CONDITIONS WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, TERMS AND CONDITIONS AS TO ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, DESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 5.2 THE PRODUCTS WILL BE PREPARED AND THE SERVICES PERFORMED USING THE PARAMETERS SET OUT IN THE COVER SHEET (IF APPLICABLE) AND THE EXPERTISE OF CLARIVATE’S EMPLOYEES AND CONTRACTORS. WHILE REASONABLE AND CUSTOMARY CARE IS TAKEN IN CARRYING OUT THE SERVICES, CLARIVATE MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ANY PRODUCTS, THE DATA SOURCES SEARCHED OR THE RESULTS OBTAINED THEREFROM, NOR THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED. 5.3 CLIENT UNDERSTANDS THAT CLARIVATE DOES NOT PROVIDE ADVICE, WHETHER OF A LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL NATURE. THE INFORMATION, MATERIALS AND OPINIONS (IF ANY) CONTAINED IN THE PRODUCTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT TO PARTICULAR CIRCUMSTANCES. NEITHER CLARIVATE NOR ANY OF ITS THIRD PARTY SUPPLIERS SHALL AFFILIATES, OR THEIR RESPECTIVE 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 THAT MAY ARISE FROM ANY RELIANCE BY CLIENTOF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY THIRD PARTIESOTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, ON THE INFORMATION LOSS, DAMAGE, ACTION, SUIT OR OTHER MATERIALS CONTAINED IN PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT OR DIRECTLY OR INDIRECTLY OF ANY PRODUCT OR SERVICES. 5.4 CLIENT ACKNOWLEDGES THAT THE SERVICES MAY BE BASED AND RELY ON (I) INFORMATION PROVIDED BY CLIENTDEFECT, DEFICIENCY, OR A THIRD PARTY ON BEHALF OF CLIENTDISCREPANCY IN THE GOODS TO BE PROVIDED UNDER ANY QUOTE, (II) RESOURCES PROVIDED BY CLIENT, OR (III) OTHER FACTORS NOT WITHIN WHETHER THE CONTROL OF CLARIVATE. IN SUCH CASES, CLARIVATE SHALL NOT BE RESPONSIBLE FOR ANY BREACH OR NON-PERFORMANCE THAT OCCURS DUE TO SUCH INFORMATION, RESOURCES OR OTHER FACTORS OUTSIDE OF CLARIVATE’S CONTROL. 5.5 NEITHER PARTY WILL BE LIABLE ACTION IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) ), INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHERWISE FOR: 5.5.1LOSS CONFIDENTIALITY RIGHTS OR OTHERWISE. THIS INCLUDES THEIR FORM, CONTENT AND TIMELINESS OF PROFITSDELIVERIES, BUSINESSFAILURE OF PERFORMANCE, OPPORTUNITYERROR, REPUTATION OR ANTICIPATED SAVINGS (EXCEPT OMISSION, DEFECT, INCLUDING, WITHOUT LIMITATION, FOR AND IN RELATION TO CLIENT’S OBLIGATION ANY OF THE FOLLOWING: (I) ANY GOODS SUPPLIED TO PAY THE FEES);CUSTOMER; (II) ANY DELAY IN SUPPLY OF THE GOODS; OR (III) ANY FAILURE TO SUPPLY THE GOODS. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. (b) Where the Customer expressly requests AireSafe to leave Goods outside AireSafe’s premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Customer' sole risk and it shall be the Customer's sole responsibility to ensure the Goods are insured adequately or at all. (c) If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, AireSafe is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by XxxxXxxx is sufficient evidence of AireSafe’s rights to receive the insurance proceeds without the need for any person dealing with AireSafe to make further enquiries. (d) All information, specifications and samples provided by AireSafe in relation to the Goods are approximations only and, subject to any provisions herein or any provisions of law, small deviations or slight variations from them which do not substantially affect the Customer's use of the Goods will not entitle the Customer to reject the Goods upon delivery, or to make any claim in respect of them. (e) ANY ADVICE, RECOMMENDATION, INFORMATION, ASSISTANCE OR SERVICE GIVEN BY AIRESAFE IN RELATION TO GOODS, IS GIVEN IN GOOD FAITH AND IS BELIEVED TO BE ACCURATE, APPROPRIATE AND RELIABLE AT THE TIME IT IS GIVEN. IT IS PROVIDED WITHOUT ANY WARRANTY OR ACCURACY, APPROPRIATENESS OR RELIABILITY. XXXXXXXX DOES NOT ACCEPT ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS SUFFERED AS A RESULT OF THE CUSTOMER'S RELIANCE ON SUCH ADVICE, RECOMMENDATION, INFORMATION, ASSISTANCE OR SERVICE.

Exclusions and Limitation of Liability. 5.1 EXCEPT AS SET OUT As a condition precedent to any liability of Fidelity, Customer must notify Fidelity in writing of any alleged negligence or breach of this Agreement as promptly as reasonably possible, but in no event later than five (5) business days following the day on which such alleged negligence or breach was, or could reasonably have been, discovered by Customer. FIDELITY’S LIABILITY, IF ANY, FOR ANY CLAIM, CAUSE OF ACTION OR LIABILITY WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE ARISING UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LIABILITY FOR PROCESSING ERRORS OR NEGLIGENCE, SHALL BE LIMITED TO (I) CUSTOMER’S DIRECT DAMAGES, ACTUALLY INCURRED, WHICH UNDER NO CIRCUMSTANCES SHALL EXCEED FIDELITY’S CHARGES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE ALLEGED NEGLIGENCE OR BREACH FOR THE PARTICULAR SERVICE TO WHICH CUSTOMER’S CLAIM PERTAINS OR (II) THE FINANCIAL REMEDIES SPECIFIED IN ANY SCHEDULE, IF APPLICABLE, WHICHEVER IS LESS. ALL WARRANTIES, TERMS AND CONDITIONS WHETHER IMPLIED DAMAGES SHALL BE REDUCED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED ANY AMOUNT RECEIVED BY CUSTOMER UNDER ANY INSURANCE POLICY COVERING THE EVENT GIVING RISE TO THE FULLEST EXTENT PERMITTED BY LAWLIABILITY. NOTWITHSTANDING THE FOREGOING, INCLUDING ANY WARRANTIES, TERMS AND CONDITIONS AS TO ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, DESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 5.2 THE PRODUCTS WILL BE PREPARED AND THE SERVICES PERFORMED USING THE PARAMETERS SET OUT IN THE COVER SHEET (IF APPLICABLE) AND THE EXPERTISE OF CLARIVATE’S EMPLOYEES AND CONTRACTORS. WHILE REASONABLE AND CUSTOMARY CARE IS TAKEN IN CARRYING OUT THE SERVICES, CLARIVATE MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ANY PRODUCTS, THE DATA SOURCES SEARCHED OR THE RESULTS OBTAINED THEREFROM, NOR THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED. 5.3 CLIENT UNDERSTANDS THAT CLARIVATE DOES NOT PROVIDE ADVICE, WHETHER OF A LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL NATURE. THE INFORMATION, MATERIALS AND OPINIONS (IF ANY) CONTAINED IN THE PRODUCTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT TO PARTICULAR CIRCUMSTANCES. NEITHER CLARIVATE NOR ANY OF ITS THIRD PARTY SUPPLIERS EVENT SHALL FIDELITY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, CLAIMS FOR LOSS THAT MAY ARISE FROM ANY RELIANCE BY CLIENTOF REVENUE OR PROFITS, OR FOR CLAIMS OR DEMANDS MADE BY ANY THIRD PARTIES, ON EVEN IF FIDELITY WAS ADVISED OF THE INFORMATION POSSIBILITY OF SUCH DAMAGES. FIDELITY SHALL HAVE NO LIABILITY, EXPRESS OR OTHER MATERIALS CONTAINED IN ANY PRODUCT OR SERVICES. 5.4 CLIENT ACKNOWLEDGES THAT THE SERVICES MAY BE BASED AND RELY ON (I) INFORMATION PROVIDED BY CLIENTIMPLIED, OR A THIRD PARTY ON BEHALF OF CLIENT, (II) RESOURCES PROVIDED BY CLIENT, OR (III) OTHER FACTORS NOT WITHIN THE CONTROL OF CLARIVATE. IN SUCH CASES, CLARIVATE SHALL NOT BE RESPONSIBLE FOR ANY BREACH OR NON-PERFORMANCE THAT OCCURS DUE TO SUCH INFORMATION, RESOURCES OR OTHER FACTORS OUTSIDE OF CLARIVATE’S CONTROL. 5.5 NEITHER PARTY WILL BE LIABLE IN WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR: 5.5.1LOSS WHICH RESULTS DIRECTLY OR INDIRECTLY FROM THE INTERNAL OPERATIONS AND PERFORMANCE OF PROFITSANY CUSTOMER PROVIDED SOFTWARE OR ANY ENHANCEMENT, BUSINESSDEVELOPMENT OR MAINTENANCE THEREOF. This Section also limits the liability of any agent, OPPORTUNITY, REPUTATION OR ANTICIPATED SAVINGS (EXCEPT IN RELATION TO CLIENT’S OBLIGATION TO PAY THE FEES);employee or Affiliate of Fidelity.

Exclusions and Limitation of Liability. 5.1 EXCEPT AS SET OUT IN THIS AGREEMENT, ALL WARRANTIES, TERMS AND CONDITIONS WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, TERMS AND CONDITIONS AS TO ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, DESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 5.2 THE PRODUCTS WILL BE PREPARED AND THE SERVICES PERFORMED USING THE PARAMETERS SET OUT IN THE COVER SHEET (IF APPLICABLE) AND THE EXPERTISE OF CLARIVATETHOMSON COMPUMARK’S EMPLOYEES AND CONTRACTORS. WHILE REASONABLE AND CUSTOMARY CARE IS TAKEN IN CARRYING OUT THE SERVICES, CLARIVATE THOMSON COMPUMARK MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ANY PRODUCTS, THE DATA SOURCES SEARCHED OR THE RESULTS OBTAINED THEREFROM, NOR THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED. 5.3 CLIENT UNDERSTANDS THAT CLARIVATE THOMSON COMPUMARK DOES NOT PROVIDE ADVICE, WHETHER OF A LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL NATURE. THE INFORMATION, MATERIALS AND OPINIONS (IF ANY) CONTAINED IN THE PRODUCTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT TO PARTICULAR CIRCUMSTANCES. NEITHER CLARIVATE THOMSON COMPUMARK NOR ANY OF ITS THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY LOSS THAT MAY ARISE FROM ANY RELIANCE BY CLIENT, OR ANY THIRD PARTIES, ON THE INFORMATION OR OTHER MATERIALS CONTAINED IN ANY PRODUCT OR SERVICES. 5.4 CLIENT ACKNOWLEDGES THAT THE SERVICES MAY BE BASED AND RELY ON (I) INFORMATION PROVIDED BY CLIENT, OR A THIRD PARTY ON BEHALF OF CLIENT, (II) RESOURCES PROVIDED BY CLIENT, OR (III) OTHER FACTORS NOT WITHIN THE CONTROL OF CLARIVATETHOMSON COMPUMARK. IN SUCH CASES, CLARIVATE THOMSON COMPUMARK SHALL NOT BE RESPONSIBLE FOR ANY BREACH OR NON-PERFORMANCE THAT OCCURS DUE TO SUCH INFORMATION, RESOURCES OR OTHER FACTORS OUTSIDE OF CLARIVATETHOMSON COMPUMARK’S CONTROL. 5.5 NEITHER PARTY WILL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR: 5.5.1LOSS : 5.5.1 LOSS OF PROFITS, BUSINESS, OPPORTUNITY, REPUTATION OR ANTICIPATED SAVINGS (EXCEPT IN RELATION TO CLIENT’S OBLIGATION TO PAY THE FEES); 5.5.2 CORRUPTION, ALTERATION, DAMAGE, LOSS OR MISTRANSMISSION (AS APPLICABLE) OF CLIENT’S OR ANY THIRD PARTY’S DATA, SOFTWARE, HARDWARE OR SYSTEMS; 5.5.3 LOSS OR DAMAGE RESULTING FROM THE INADEQUACY OF SECURITY OF DATA DURING TRANSMISSION VIA PUBLIC ELECTRONIC COMMUNICATIONS NETWORKS OR FACILITIES, IN EACH CASE WHETHER DIRECT OR INDIRECT, OR 5.5.4ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER SUCH INDIRECT OR CONSQUENTIAL LOSS OR DAMAGE MAY ARISE EVEN IF SUCH PARTY OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. 5.6 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH ANY AGREEMENT EXCEED, IN ANY 12-MONTH PERIOD, THE FEES PAID OR PAYABLE BY CLIENT TO THOMSON COMPUMARK UNDER SUCH AGREEMENT DURING SUCH 12-MONTH PERIOD. 5.7 Clauses 5.3, 5.4, 5.5 and 5.6 shall: 5.7.1 not apply in relation to: (i) each Party’s obligation to indemnify the other Party under this Agreement; and (ii) any liability arising out of or in connection with Client’s infringement of any Intellectual Property Rights in the Services or in the Products, or Client’s unauthorized use of the Products; and 5.7.2 subject to clause 5.7.1, apply equally to Thomson CompuMark’s Affiliates and Third Party Suppliers as if such third parties were Thomson CompuMark. 5.8 Nothing in this Agreement excludes or limits either Party’s liability for death, personal injury resulting from its negligence, fraud, or any other liability to the extent that such liability cannot be excluded or limited by applicable law.

Exclusions and Limitation of Liability. 5.1 EXCEPT AS SET OUT IN THIS AGREEMENT, ALL WARRANTIES, TERMS AND CONDITIONS WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, TERMS AND CONDITIONS AS TO ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, DESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 5.2 THE PRODUCTS WILL BE PREPARED AND THE SERVICES PERFORMED USING THE PARAMETERS SET OUT IN THE COVER SHEET (IF APPLICABLE) AND THE EXPERTISE OF CLARIVATE’S EMPLOYEES AND CONTRACTORS. WHILE REASONABLE AND CUSTOMARY CARE IS TAKEN IN CARRYING OUT THE SERVICES, CLARIVATE MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ANY PRODUCTS, THE DATA SOURCES SEARCHED OR THE RESULTS OBTAINED THEREFROM, NOR THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED. 5.3 CLIENT UNDERSTANDS THAT CLARIVATE DOES NOT PROVIDE ADVICE, WHETHER OF A LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL NATURE. THE INFORMATION, MATERIALS AND OPINIONS (IF ANY) CONTAINED IN THE PRODUCTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT TO PARTICULAR CIRCUMSTANCES. NEITHER CLARIVATE NOR ANY OF ITS THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY LOSS THAT MAY ARISE FROM ANY RELIANCE BY CLIENT, OR ANY THIRD PARTIES, ON THE INFORMATION OR OTHER MATERIALS CONTAINED IN ANY PRODUCT OR SERVICES. 5.4 CLIENT ACKNOWLEDGES THAT THE SERVICES MAY BE BASED AND RELY ON (I) INFORMATION PROVIDED BY CLIENT, OR A THIRD PARTY ON BEHALF OF CLIENT, (II) RESOURCES PROVIDED BY CLIENT, OR (III) OTHER FACTORS NOT WITHIN THE CONTROL OF CLARIVATE. IN SUCH CASES, CLARIVATE SHALL NOT BE RESPONSIBLE FOR ANY BREACH OR NON-PERFORMANCE THAT OCCURS DUE TO SUCH INFORMATION, RESOURCES OR OTHER FACTORS OUTSIDE OF CLARIVATE’S CONTROL. 5.5 NEITHER PARTY WILL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR: 5.5.1LOSS OF PROFITS, BUSINESS, OPPORTUNITY, REPUTATION OR ANTICIPATED SAVINGS (EXCEPT IN RELATION TO CLIENT’S OBLIGATION TO PAY THE FEES);:

Exclusions and Limitation of Liability. 5.1 EXCEPT AS SET OUT IN THIS AGREEMENT, ALL WARRANTIES, TERMS AND CONDITIONS WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, TERMS AND CONDITIONS AS TO ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, DESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 5.2 THE PRODUCTS WILL BE PREPARED AND THE SERVICES PERFORMED USING THE PARAMETERS SET OUT IN THE COVER SHEET (IF APPLICABLE) AND THE EXPERTISE OF CLARIVATE’S EMPLOYEES AND CONTRACTORS. WHILE REASONABLE AND CUSTOMARY CARE IS TAKEN IN CARRYING OUT THE SERVICES, CLARIVATE MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ANY PRODUCTS, THE DATA SOURCES SEARCHED OR THE RESULTS OBTAINED THEREFROM, NOR THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED. 5.3 CLIENT UNDERSTANDS THAT CLARIVATE DOES NOT PROVIDE ADVICE, WHETHER OF A LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL NATURE. THE INFORMATION, MATERIALS AND OPINIONS (IF ANY) CONTAINED IN THE PRODUCTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT TO PARTICULAR CIRCUMSTANCES. NEITHER CLARIVATE NOR ANY OF ITS THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY LOSS THAT MAY ARISE FROM ANY RELIANCE BY CLIENT, OR ANY THIRD PARTIES, ON THE INFORMATION OR OTHER MATERIALS CONTAINED IN ANY PRODUCT OR SERVICES. 5.4 CLIENT ACKNOWLEDGES THAT THE SERVICES MAY BE BASED AND RELY ON (I) INFORMATION PROVIDED BY CLIENT, OR A THIRD PARTY ON BEHALF OF CLIENT, (II) RESOURCES PROVIDED BY CLIENT, OR (III) OTHER FACTORS NOT WITHIN THE CONTROL OF CLARIVATE. IN SUCH CASES, CLARIVATE SHALL NOT BE RESPONSIBLE FOR ANY BREACH OR NON-PERFORMANCE THAT OCCURS DUE TO SUCH INFORMATION, RESOURCES OR OTHER FACTORS OUTSIDE OF CLARIVATE’S CONTROL. 5.5 NEITHER PARTY WILL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR: 5.5.1LOSS : 5.5.1 LOSS OF PROFITS, BUSINESS, OPPORTUNITY, REPUTATION OR ANTICIPATED SAVINGS (EXCEPT IN RELATION TO CLIENT’S OBLIGATION TO PAY THE FEES); 5.5.2 CORRUPTION, ALTERATION, DAMAGE, LOSS OR MISTRANSMISSION (AS APPLICABLE) OF CLIENT’S OR ANY THIRD PARTY’S DATA, SOFTWARE, HARDWARE OR SYSTEMS; 5.5.3 LOSS OR DAMAGE RESULTING FROM THE INADEQUACY OF SECURITY OF DATA DURING TRANSMISSION VIA PUBLIC ELECTRONIC COMMUNICATIONS NETWORKS OR FACILITIES, IN EACH CASE WHETHER DIRECT OR INDIRECT, OR 5.5.4 ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER SUCH INDIRECT OR CONSQUENTIAL LOSS OR DAMAGE MAY ARISE EVEN IF SUCH PARTY OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. 5.6 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH ANY AGREEMENT EXCEED, IN ANY 12-MONTH PERIOD, THE FEES PAID OR PAYABLE BY CLIENT TO CLARIVATE UNDER SUCH AGREEMENT DURING SUCH 12-MONTH PERIOD. 5.7 Clauses 5.3, 5.4, 5.5 and 5.6 shall: 5.7.1 not apply in relation to: (i) each Party’s obligation to indemnify the other Party under this Agreement; and (ii) any liability arising out of or in connection with Client’s infringement of any Intellectual Property Rights in the Services or in the Products, or Client’s unauthorized use of the Products; and 5.7.2 subject to clause 5.7.1, apply equally to Clarivate’s Affiliates and Third Party Suppliers as if such third parties were Clarivate. 5.8 Nothing in this Agreement excludes or limits either Party’s liability for death, personal injury resulting from its negligence, fraud, or any other liability to the extent that such liability cannot be excluded or limited by applicable law.

Exclusions and Limitation of Liability. 5.1 EXCEPT AS SET OUT IN THIS AGREEMENT, ALL WARRANTIES, TERMS AND CONDITIONS WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, TERMS AND CONDITIONS AS TO ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, DESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 5.2 THE PRODUCTS WILL BE PREPARED AND THE SERVICES PERFORMED USING THE PARAMETERS SET OUT IN THE COVER SHEET (IF APPLICABLE) AND THE EXPERTISE OF CLARIVATE’S EMPLOYEES AND CONTRACTORS. WHILE REASONABLE AND CUSTOMARY CARE IS TAKEN IN CARRYING OUT THE SERVICES, CLARIVATE MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ANY PRODUCTS, THE DATA SOURCES SEARCHED OR THE RESULTS OBTAINED THEREFROM, NOR THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED. 5.3 CLIENT UNDERSTANDS THAT CLARIVATE DOES NOT PROVIDE ADVICE, WHETHER OF A LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL NATURE. THE INFORMATION, MATERIALS AND OPINIONS (IF ANY) CONTAINED IN THE PRODUCTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT TO PARTICULAR CIRCUMSTANCES. NEITHER CLARIVATE NOR ANY OF ITS THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY LOSS THAT MAY ARISE FROM ANY RELIANCE BY CLIENT, OR ANY THIRD PARTIES, ON THE INFORMATION OR OTHER MATERIALS CONTAINED IN ANY PRODUCT OR SERVICES. 5.4 CLIENT ACKNOWLEDGES THAT THE SERVICES MAY BE BASED AND RELY ON (I) INFORMATION PROVIDED BY CLIENT, OR A THIRD PARTY ON BEHALF OF CLIENT, (II) RESOURCES PROVIDED BY CLIENT, OR (III) OTHER FACTORS NOT WITHIN THE CONTROL OF CLARIVATE. IN SUCH CASES, CLARIVATE SHALL NOT BE RESPONSIBLE FOR ANY BREACH OR NON-PERFORMANCE THAT OCCURS DUE TO SUCH INFORMATION, RESOURCES OR OTHER FACTORS OUTSIDE OF CLARIVATE’S CONTROL. 5.5 NEITHER PARTY WILL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR: 5.5.1LOSS : 5.5.1 LOSS OF PROFITS, BUSINESS, OPPORTUNITY, REPUTATION OR ANTICIPATED SAVINGS (EXCEPT IN RELATION TO CLIENT’S OBLIGATION TO PAY THE FEES); 5.5.2 CORRUPTION, ALTERATION, DAMAGE, LOSS OR MISTRANSMISSION (AS APPLICABLE) OF CLIENT’S OR ANY THIRD PARTY’S DATA, SOFTWARE, HARDWARE OR SYSTEMS; 5.5.3 LOSS OR DAMAGE RESULTING FROM THE INADEQUACY OF SECURITY OF DATA DURING TRANSMISSION VIA PUBLIC ELECTRONIC COMMUNICATIONS NETWORKS OR FACILITIES, IN EACH CASE WHETHER DIRECT OR INDIRECT, OR 5.5.4ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER SUCH INDIRECT OR CONSQUENTIAL LOSS OR DAMAGE MAY ARISE EVEN IF SUCH PARTY OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. 5.6 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH ANY AGREEMENT EXCEED, IN ANY 12-MONTH PERIOD, THE FEES PAID OR PAYABLE BY CLIENT TO CLARIVATE UNDER SUCH AGREEMENT DURING SUCH 12-MONTH PERIOD. 5.7 Clauses 5.3, 5.4, 5.5 and 5.6 shall: 5.7.1 not apply in relation to: (i) each Party’s obligation to indemnify the other Party under this Agreement; and (ii) any liability arising out of or in connection with Client’s infringement of any Intellectual Property Rights in the Services or in the Products, or Client’s unauthorized use of the Products; and 5.7.2 subject to clause 5.7.1, apply equally to Clarivate’s Affiliates and Third Party Suppliers as if such third parties were Clarivate. 5.8 Nothing in this Agreement excludes or limits either Party’s liability for death, personal injury resulting from its negligence, fraud, or any other liability to the extent that such liability cannot be excluded or limited by applicable law.

Exclusions and Limitation of Liability. 5.1 EXCEPT AS SET OUT IN THIS AGREEMENT, ALL WARRANTIES, TERMS AND CONDITIONS WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, TERMS AND CONDITIONS AS TO ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, DESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 5.2 THE PRODUCTS WILL BE PREPARED AND THE SERVICES PERFORMED USING THE PARAMETERS SET OUT IN THE COVER SHEET (IF APPLICABLE) AND THE EXPERTISE OF CLARIVATETHOMSON COMPUMARK’S EMPLOYEES AND CONTRACTORS. WHILE REASONABLE AND CUSTOMARY CARE IS TAKEN IN CARRYING OUT THE SERVICES, CLARIVATE THOMSON COMPUMARK MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ANY PRODUCTS, THE DATA SOURCES SEARCHED OR THE RESULTS OBTAINED THEREFROM, NOR THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED. 5.3 CLIENT UNDERSTANDS THAT CLARIVATE THOMSON COMPUMARK DOES NOT PROVIDE ADVICE, WHETHER OF A LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL NATURE. THE INFORMATION, MATERIALS AND OPINIONS (IF ANY) CONTAINED IN THE PRODUCTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT TO PARTICULAR CIRCUMSTANCES. NEITHER CLARIVATE THOMSON COMPUMARK NOR ANY OF ITS THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY LOSS THAT MAY ARISE FROM ANY RELIANCE BY CLIENT, OR ANY THIRD PARTIES, ON THE INFORMATION OR OTHER MATERIALS CONTAINED IN ANY PRODUCT OR SERVICES. 5.4 CLIENT ACKNOWLEDGES THAT THE SERVICES MAY BE BASED AND RELY ON (I) INFORMATION PROVIDED BY CLIENT, OR A THIRD PARTY ON BEHALF OF CLIENT, (II) RESOURCES PROVIDED BY CLIENT, OR (III) OTHER FACTORS NOT WITHIN THE CONTROL OF CLARIVATETHOMSON COMPUMARK. IN SUCH CASES, CLARIVATE THOMSON COMPUMARK SHALL NOT BE RESPONSIBLE FOR ANY BREACH OR NON-NON- PERFORMANCE THAT OCCURS DUE TO SUCH INFORMATION, RESOURCES OR OTHER FACTORS OUTSIDE OF CLARIVATETHOMSON COMPUMARK’S CONTROL. 5.5 NEITHER PARTY WILL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR: 5.5.1LOSS : 5.5.1 LOSS OF PROFITS, BUSINESS, OPPORTUNITY, REPUTATION OR ANTICIPATED SAVINGS (EXCEPT IN RELATION TO CLIENT’S OBLIGATION TO PAY THE FEES); 5.5.2 CORRUPTION, ALTERATION, DAMAGE, LOSS OR MISTRANSMISSION (AS APPLICABLE) OF CLIENT’S OR ANY THIRD PARTY’S DATA, SOFTWARE, HARDWARE OR SYSTEMS; 5.5.3 LOSS OR DAMAGE RESULTING FROM THE INADEQUACY OF SECURITY OF DATA DURING TRANSMISSION VIA PUBLIC ELECTRONIC COMMUNICATIONS NETWORKS OR FACILITIES, IN EACH CASE WHETHER DIRECT OR INDIRECT, OR 5.5.4 ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER SUCH INDIRECT OR CONSQUENTIAL LOSS OR DAMAGE MAY ARISE EVEN IF SUCH PARTY OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. 5.6 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH ANY AGREEMENT EXCEED, IN ANY 12-MONTH PERIOD, THE FEES PAID OR PAYABLE BY CLIENT TO THOMSON COMPUMARK UNDER SUCH AGREEMENT DURING SUCH 12- MONTH PERIOD. 5.7 Clauses 5.3, 5.4, 5.5 and 5.6 shall: 5.7.1 not apply in relation to: (i) each Party’s obligation to indemnify the other Party under this Agreement; and (ii) any liability arising out of or in connection with Client’s infringement of any Intellectual Property Rights in the Services or in the Products, or Client’s unauthorized use of the Products; and 5.7.2 subject to clause 5.7.1, apply equally to Thomson CompuMark’s Affiliates and Third Party Suppliers as if such third parties were Thomson CompuMark. 5.8 Nothing in this Agreement excludes or limits either Party’s liability for death, personal injury resulting from its negligence, fraud, or any other liability to the extent that such liability cannot be excluded or limited by applicable law.

Exclusions and Limitation of Liability. 5.1 EXCEPT AS SET OUT IN THIS AGREEMENTYOU ACKNOWLEDGE AND AGREE THAT, ALL WARRANTIES, TERMS AND CONDITIONS WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE WILL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY WARRANTIESSPECIAL, TERMS AND CONDITIONS AS INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, DESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 5.2 THE PRODUCTS WILL BE PREPARED AND THE SERVICES PERFORMED USING THE PARAMETERS SET OUT IN THE COVER SHEET OR RESULTING FROM: (IF APPLICABLEA) AND THE EXPERTISE YOUR USE OF CLARIVATE’S EMPLOYEES AND CONTRACTORS. WHILE REASONABLE AND CUSTOMARY CARE IS TAKEN IN CARRYING OUT THE SERVICES; (B) YOUR USE OR INABILITY TO USE SERVICES; (C) ANY OTHER INTERACTIONS WITH THIRD-PARTY WEBSITES OR ANY OTHER USERS OF SERVICES, CLARIVATE MAKES NO WARRANTY EVEN IF WE OR REPRESENTATION AS AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT AND, TO THE ACCURACYEXTENT PERMITTED BY LAW, COMPLETENESS WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL WE (OR CORRECTNESS OF ANY PRODUCTSOUR AFFILIATES, THE DATA SOURCES SEARCHED CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THE RESULTS OBTAINED THEREFROMTHIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, NOR THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED. 5.3 CLIENT UNDERSTANDS THAT CLARIVATE DOES NOT PROVIDE ADVICE, WHETHER OF A LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL NATURE. THE INFORMATION, MATERIALS AND OPINIONS (IF ANY) CONTAINED IN THE PRODUCTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICELOSSES, AND SHOULD NOT BE RELIED ON CAUSES OF ACTION ARISING OUT OF OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT RELATING TO PARTICULAR CIRCUMSTANCES. NEITHER CLARIVATE NOR ANY THIS AGREEMENT OR YOUR USE OF ITS THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY LOSS THAT MAY ARISE FROM ANY RELIANCE BY CLIENT, OR ANY THIRD PARTIES, ON THE INFORMATION OR OTHER MATERIALS CONTAINED IN ANY PRODUCT OR SERVICES. 5.4 CLIENT ACKNOWLEDGES THAT THE SERVICES MAY BE BASED AND RELY ON (I) INFORMATION PROVIDED BY CLIENT, OR A THIRD PARTY ON BEHALF OF CLIENT, (II) RESOURCES PROVIDED BY CLIENT, OR (III) OTHER FACTORS NOT WITHIN THE CONTROL OF CLARIVATE. IN SUCH CASES, CLARIVATE SHALL NOT BE RESPONSIBLE FOR ANY BREACH OR NON-PERFORMANCE THAT OCCURS DUE TO SUCH INFORMATION, RESOURCES OR OTHER FACTORS OUTSIDE OF CLARIVATE’S CONTROL. 5.5 NEITHER PARTY WILL BE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) OR OTHERWISE FOR: 5.5.1LOSS EXCEED THE AMOUNT OF PROFITS, BUSINESS, OPPORTUNITY, REPUTATION OR ANTICIPATED SAVINGS FEES PAID FOR SERVICES (EXCEPT IN RELATION TO CLIENT’S OBLIGATION TO PAY THE FEESIF ANY);. THIS SECTION 6 WILL SURVIVE THIS AGREEMENT AND YOUR USE OF SERVICES.

Exclusions and Limitation of Liability. 5.1 A. EXCEPT AS SET OUT FOR MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER ISRAELI LAW: (I) IN NO EVENT SHALL XXXXXXX BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING) AND/OR FOR LOSS OF PROFIT, LOSS OF USE, LOSS OF DATA, LOSS OF REVENUES, LOSS OF SAVINGS, BUSINESS INTERRUPTION, OR LOSS OF REPUTATION ARISING FROM AND/OR IN CONNECTION WITH THIS AGREEMENT, ALL WARRANTIES, TERMS AND CONDITIONS WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, TERMS AND CONDITIONS AS TO ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, DESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 5.2 THE PRODUCTS WILL BE PREPARED AND THE SERVICES PERFORMED USING THE PARAMETERS SET OUT IN THE COVER SHEET (IF APPLICABLE) AND THE EXPERTISE OF CLARIVATE’S EMPLOYEES AND CONTRACTORS. WHILE REASONABLE AND CUSTOMARY CARE IS TAKEN IN CARRYING OUT THE SERVICES, CLARIVATE MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ANY PRODUCTS, THE DATA SOURCES SEARCHED AND/OR THE RESULTS OBTAINED THEREFROMUSE OF THE XXXXXXX PLATFORM, NOR THAT ALL ERRORS IN AND/OR THE PRODUCTS WILL BE CORRECTED. 5.3 CLIENT UNDERSTANDS THAT CLARIVATE DOES NOT PROVIDE ADVICE, WHETHER OF A LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL NATURE. THE INFORMATION, MATERIALS AND OPINIONS (IF ANY) CONTAINED IN THE PRODUCTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT TO PARTICULAR CIRCUMSTANCES. NEITHER CLARIVATE NOR ANY OF ITS THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY LOSS THAT MAY ARISE FROM ANY RELIANCE BY CLIENT, OR ANY THIRD PARTIES, ON THE INFORMATION OR OTHER MATERIALS CONTAINED IN ANY PRODUCT OR SERVICES. 5.4 CLIENT ACKNOWLEDGES THAT THE SERVICES MAY BE BASED AND RELY ON (I) INFORMATION PROVIDED BY CLIENT, OR A THIRD PARTY ON BEHALF OF CLIENT, (II) RESOURCES PROVIDED YOU AGREE THAT IF YOU HAVE (OR WILL HAVE) ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THIS AGREEMENT), YOUR EXCLUSIVE REMEDY, AND THE MAXIMUM AGGREGATE LIABILITY OF XXXXXXX FOR ANY AND ALL DAMAGES AND LOSSES ARISING FROM AND/OR IN CONNECTION WITH THIS AGREEMENT, AND/OR THE USE OF THE XXXXXXX PLATFORM AND/OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENTYOU TO XXXXXXX IN RESPECT OF THE LICENSE TO USE THE XXXXXXX SOFTWARE IN THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM LESS ANY AMOUNTS PAID BY XXXXXXX TO YOU IN CONNECTION WITH THIS AGREEMENT AND/OR THE USE OF THE XXXXXXX PLATFORM (INCLUDING ANY AMOUNTS PAID OR TO BE PAID UNDER SECTIONS 7(A) AND 8 OF THIS AGREEMENT, OR IF ANY). (III) YOU AGREE THAT IT YOU ARE NOT ENTITLED TO RECOVER ANY OTHER FACTORS NOT WITHIN DAMAGES OR LOSSES EVEN IF THE CONTROL OF CLARIVATE. IN SUCH CASES, CLARIVATE SHALL NOT BE RESPONSIBLE ABOVE DAMAGES REMEDY DOESN'T FULLY COMPENSATE YOU FOR ANY BREACH DAMAGES OR NON-PERFORMANCE THAT OCCURS DUE TO SUCH INFORMATION, RESOURCES LOSSES OR OTHER FACTORS OUTSIDE FAILS OF CLARIVATE’S CONTROLITS ESSENTIAL PURPOSE AND EVEN IF XXXXXXX KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES OR LOSSES. 5.5 NEITHER PARTY WILL BE LIABLE IN B. THE ABOVE LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL APPLY TO ALL CAUSES OF ACTION AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT (INCLUDING NEGLIGENCETORT, EQUITY, BREACH OF STATUTORY DUTY, STRICT LIABILITY OR OTHERWISE) AND EVEN IF SUCH DAMAGES OR OTHERWISE FOR: 5.5.1LOSS LOSSES WERE OR COULD HAVE BEEN FORESEEABLE. C. YOU AGREE THAT XXXXXXX’X LICENSORS, AND XXXXXXX’X AFFILIATES, ITS AND THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, RESELLERS, DISTRIBUTORS, REPRESENTATIVES, THIRD PARTY SOFTWARE PROVIDERS, SERVICES PROVIDERS AND VENDORS SHALL HAVE NO LIABILITY OF PROFITSANY KIND UNDER OR IN CONNECTION WITH THIS AGREEMENT AND/OR THE USE OF THE XXXXXXX PLATFORM. D. YOU UNDERSTAND AND AGREE THAT IN RETURN FOR YOUR CONSENT TO THE LIMITATION/EXCLUSION OF LIABILITY SET FORTH HEREIN, BUSINESS, OPPORTUNITY, REPUTATION OR ANTICIPATED SAVINGS (EXCEPT XXXXXXX IS ABLE TO OFFER YOU THE RIGHT TO USE THE XXXXXXX SOFTWARE FOR THE FEES CHARGED BY XXXXXXX. THIS LIMITATION/EXCLUSION OF LIABILITY IS IN RELATION TO CLIENT’S OBLIGATION TO PAY THE FEES);AGGREGATE AND NOT PER INCIDENT. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING.

Exclusions and Limitation of Liability. 5.1 EXCEPT AS SET OUT IN THIS AGREEMENT, ALL WARRANTIES, TERMS AND CONDITIONS WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES, TERMS AND CONDITIONS AS TO ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, DESCRIPTION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 5.2 THE PRODUCTS WILL BE PREPARED AND THE SERVICES PERFORMED USING THE PARAMETERS SET OUT IN THE COVER SHEET (IF APPLICABLE) AND THE EXPERTISE OF CLARIVATETHOMSON COMPUMARK’S EMPLOYEES AND CONTRACTORS. WHILE REASONABLE AND CUSTOMARY CARE IS TAKEN IN CARRYING OUT THE SERVICES, CLARIVATE THOMSON COMPUMARK MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ANY PRODUCTS, THE DATA SOURCES SEARCHED OR THE RESULTS OBTAINED THEREFROM, NOR THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED. 5.3 CLIENT UNDERSTANDS THAT CLARIVATE THOMSON COMPUMARK DOES NOT PROVIDE ADVICE, WHETHER OF A LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL NATURE. THE INFORMATION, MATERIALS AND OPINIONS (IF ANY) CONTAINED IN THE PRODUCTS ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT TO PARTICULAR CIRCUMSTANCES. NEITHER CLARIVATE THOMSON COMPUMARK NOR ANY OF ITS THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY LOSS THAT MAY ARISE FROM ANY RELIANCE BY CLIENT, OR ANY THIRD PARTIES, ON THE INFORMATION OR OTHER MATERIALS CONTAINED IN ANY PRODUCT OR SERVICES. 5.4 CLIENT ACKNOWLEDGES THAT THE SERVICES MAY BE BASED AND RELY ON (I) INFORMATION PROVIDED BY CLIENT, OR A THIRD PARTY ON BEHALF OF CLIENT, (II) RESOURCES PROVIDED BY CLIENT, OR (III) OTHER FACTORS NOT WITHIN THE CONTROL OF CLARIVATETHOMSON COMPUMARK. IN SUCH CASES, CLARIVATE THOMSON COMPUMARK SHALL NOT BE RESPONSIBLE FOR ANY BREACH OR NON-PERFORMANCE THAT OCCURS DUE TO SUCH INFORMATION, RESOURCES OR OTHER FACTORS OUTSIDE OF CLARIVATE’S CONTROL.SUCH 5.5 NEITHER PARTY WILL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR: 5.5.1LOSS OF PROFITS, BUSINESS, OPPORTUNITY, REPUTATION OR ANTICIPATED SAVINGS (EXCEPT IN RELATION TO CLIENT’S OBLIGATION TO PAY THE FEES);: