Common use of Exclusions and Limitations of Liability Clause in Contracts

Exclusions and Limitations of Liability. a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm Services. Notwithstanding the foregoing or any other provision of this Precedent Agreement, Transporter will not be liable to Shipper for any damages, howsoever incurred, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Services contemplated by this Precedent Agreement. b. Transporter will not be responsible nor will this Precedent Agreement or any TSA provided hereunder be subject to cancellation if Transporter is unable to complete the construction of the expansion facilities and commence the Expansion Firm Services by the Planned Service Commencement Date. Transporter does not guarantee the Planned Service Commencement Date and will have no liability for any delay or change to the Planned Service Commencement Date or any cancelation or change in scope of the proposed Expansion Firm Services. c. Transporter will not be responsible for any business decisions or contractual commitments made or inference drawn by Xxxxxxx in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to or in connection with this Precedent Agreement. d. Notwithstanding anything contained in this Precedent Agreement, neither Transporter nor Shipper shall be liable for consequential losses that relate to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, tort, strict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference to “consequential losses” include direct losses or direct damages. e. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreement.

Exclusions and Limitations of Liability. a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm Services. Notwithstanding the foregoing or any other provision of this Precedent Agreement, Transporter will 8.1 Scitor ITS is not be liable to Shipper for any damages, howsoever incurred, arising from Transporter’s inability delay in performing its obligations or for any failure to perform its obligations under the Agreement if the delay or failure results from circumstances beyond Scitor ITS' reasonable control. Scitor ITS will notify the customer in a reasonable timeframe of any delay in performing its obligations or of any failure to construct the expansion facilities or to provide the Expansion Firm Services contemplated by perform its obligations under this Precedent Agreement. b. Transporter will not be responsible nor will this Precedent Agreement 8.2 EXCEPT AS EXPRESSLY CONTAINED IN THIS AGREEMENT, SCITOR ITS GIVES NO WARRANTIES AND HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR IN RELATION TO THIS AGREEMENT. 8.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SCITOR ITS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES ARISING FROM THE USE OF THE SERVICE BY CUSTOMER OR BY ITS OFFICERS, EMPLOYEES, OR AGENTS OR BY ANY THIRD PARTY, WHETHER OR NOT AUTHORIZED BY CUSTOMER, EVEN IF SCITOR ITS WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 8.4 In the event that data furnished by Customers, whether transmitted via the Network or any TSA provided hereunder be subject to cancellation if Transporter otherwise, is unable to complete the construction of the expansion facilities and commence the Expansion Firm Services by the Planned Service Commencement Date. Transporter does not guarantee the Planned Service Commencement Date and will have no liability for any delay lost, destroyed or change damaged due to the Planned Service Commencement Date negligence of Scitor ITS, its agents or any cancelation or change in scope of the proposed Expansion Firm Services. c. Transporter will not be responsible for any business decisions or contractual commitments made or inference drawn by Xxxxxxx in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to or in connection with this Precedent Agreement. d. Notwithstanding anything contained in this Precedent Agreementemployees, neither Transporter nor Shipper Customer's sole remedy shall be liable the repair or replacement by Scitor ITS of such lost, destroyed or damaged data, provided however that such repair or restoration can reasonably be performed by Scitor ITS and provided, further, that Customer furnishes Scitor ITS with all source data, in machine readable form, necessary for consequential losses that relate to such repair or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, tort, strict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference to “consequential losses” include direct losses or direct damagesrestoration. e. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreement.

Exclusions and Limitations of Liability. a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm Services. Notwithstanding the foregoing or any other provision of this Precedent Agreement, Transporter 10.1 Neither Party will not be liable to Shipper for any damages, howsoever incurred, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Services contemplated by this Precedent Agreement. b. Transporter will not be responsible nor will this Precedent Agreement or any TSA provided hereunder be subject to cancellation if Transporter is unable to complete the construction of the expansion facilities and commence the Expansion Firm Services by the Planned Service Commencement Date. Transporter does not guarantee the Planned Service Commencement Date and will have no liability for any delay or change to the Planned Service Commencement Date or any cancelation or change in scope of the proposed Expansion Firm Services. c. Transporter will not be responsible for any business decisions or contractual commitments made or inference drawn by Xxxxxxx in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to or in connection with this Precedent Agreement. d. Notwithstanding anything contained in this Precedent Agreement, neither Transporter nor Shipper shall be liable for consequential losses delay in performing obligations or for any failure to perform obligations if the delay results from circumstances beyond the reasonable control of either Party. 10.2 EXCEPT AS EXPRESSLY CONTAINED IN THIS AGREEMENT, SCITOR ITS MAKES NO WARRANTIES AND HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR IN RELATION TO THE AGREEMENT. 10.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR LOST TIME, INCOME, REVENUE, CLIENTS GOODWILL, PROFITS OR OTHER SIMILAR ITEMS. OR ANY BUSINESS INTERRUPTION OF ANY KIND EVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 10.4 In the event that relate data furnished by Customer, whether transmitted via the Network or otherwise, is lost, destroyed or damaged due to the negligence of Scitor ITS, its agents or employees, Customer's sole remedy shall be the repair or replacement by Scitor ITS of such lost, destroyed or damaged data, provided however that such repair or restoration can reasonably be performed by Scitor ITS and provided, further, that Customer furnishes Scitor ITS with all source data, in machine readable form, necessary for such repair or restoration. 10.5 Subject to Clauses 10.3 and 10.4, and without prejudice to Customer's obligation to pay any charges hereunder for Service rendered, the Parties' maximum liability to each other under this Agreement is limited in respect of each event or series of connected events as follows: [ * ] in respect of physical damage to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, tort, strict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profittangible property; [ * ] in respect of all other events other than intentional acts or acts of negligence by a Party, loss its employees or anticipated loss agents, to the extent that such acts cause death of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference injury to “consequential losses” include direct losses or direct damagespersons. e. Failure of either party 10.6 The Parties' sole obligations and liabilities are as stated in this Agreement and all other representations, conditions, warranties and terms express or implied whether by statute, law or otherwise are hereby excluded to pursue any remedy resulting from a breach of this Precedent Agreement the full extent permitted by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreementlaw.

Exclusions and Limitations of Liability. a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm ServicesIN NO EVENT SHALL XXXXXXXX & XXXXXXXXX, INC. Notwithstanding the foregoing or any other provision of this Precedent AgreementBE LIABLE TO CUSTOMER OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION CUSTOMER’S CLIENTS) FOR ANY SPECIAL, Transporter will CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING CLAIMS FOR LOST PROFITS, ARISING FROM THE PROVISION OF OR FAILURE TO PROVIDE SERVICES HEREUNDER, EVEN IF XXXXXXXX & XXXXXXXXX, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT XXXXXXXX & XXXXXXXXX, INC. WILL NOT BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST CUSTOMER BY ANY OTHER PARTY. DUE TO THE NATURE OF THE SERVICES BEING PERFORMED BY XXXXXXXX & XXXXXXXXX, INC., IT IS AGREED THAT IN NO EVENT XXXX XXXXXXXX & XXXXXXXXX, INC. BE LIABLE FOR ANY CLAIM, LOSS, LIABILITY, CORRECTION, COST, DAMAGE, OR EXPENSE CAUSED BY XXXXXXXX & XXXXXXXXX, INC.’S PERFORMANCE OR FAILURE TO PERFORM HEREUNDER WHICH IS NOT REPORTED BY CUSTOMER WITHIN THIRTY (30) DAYS OF SUCH FAILURE TO PERFORM. 14. Force Majeure. Xxxxxxxx & XxXxxxxxx, Inc. shall not be liable to Shipper for Customer by reason of any damagesfailure in performance of this Agreement in accordance with its terms if such failure arises out of causes beyond the reasonable control and without the fault or negligence of Xxxxxxxx & XxXxxxxxx, howsoever incurredInc. or its subcontractors. Such causes may include, arising from Transporterbut are not limited to, unavailability of communications facilities, acts of God, acts of the public enemy, Customer’s inability actions or failure to construct the expansion facilities act, acts of civil or to provide the Expansion Firm Services contemplated by this Precedent Agreementmilitary authority, governmental priorities, fires, floods, strikes, unavailability of labor, materials, or energy sources, delay in transportation, riots or war. b. Transporter will not be responsible nor will this Precedent Agreement or any TSA provided hereunder be subject to cancellation if Transporter is unable to complete the construction of the expansion facilities and commence the Expansion Firm Services by the Planned Service Commencement Date. Transporter does not guarantee the Planned Service Commencement Date and will have no liability for any delay or change to the Planned Service Commencement Date or any cancelation or change in scope of the proposed Expansion Firm Services. c. Transporter will not be responsible for any business decisions or contractual commitments made or inference drawn by Xxxxxxx in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to or in connection with this Precedent Agreement. d. Notwithstanding anything contained in this Precedent Agreement, neither Transporter nor Shipper shall be liable for consequential losses that relate to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, tort, strict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference to “consequential losses” include direct losses or direct damages. e. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreement.

Exclusions and Limitations of Liability. a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm Services8.1. Notwithstanding the foregoing or any other provision of this Precedent Agreement, Transporter Neither Party will not be liable to Shipper for any indirect, incidental or consequential loss or damages, howsoever incurredarising, arising from Transporter’s inability including loss of use or failure to construct data or lost time, revenue, profits, goodwill of clients or any business interruption of any kind even if advised of the expansion facilities or to provide the Expansion Firm Services contemplated by this Precedent Agreementpossibility of such damages. b. Transporter will not be responsible nor will this Precedent Agreement or 8.2. Except for completing any TSA provided hereunder be subject to cancellation if Transporter is unable to complete the construction payment obligations, which Customer shall satisfy as soon as practicable following a Force Majeure Event that initially prevents Customer from meeting its payment obligations in a timely manner but in any case within thirty (30) days of the expansion facilities and commence Force Majeure Event, neither Party will be liable for any delay or for the Expansion Firm Services by the Planned Service Commencement Dateconsequences of any delay in fulfilling any of its obligations under this Agreement if such delay is due to a Force Majeure Event. 8.3. Transporter does not guarantee the Planned Service Commencement Date and Equant will have no liability in contract, tort or otherwise for any delay claim of unauthorized access of Customer's or change any Users' transmission facilities or equipment, or for unauthorized access to, or alteration, theft or destruction of Customer's or any Users' data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, except to the Planned Service Commencement Date extent caused by Equant's willful misconduct or any cancelation or change in scope of the proposed Expansion Firm Servicesgross negligence. c. Transporter will not be responsible for any business decisions or contractual commitments made or inference drawn by Xxxxxxx in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to or in connection 8.4. EACH PARTY'S LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, WILL BE LIMITED, FOR EACH EVENT OR SERIES OF CONNECTED EVENTS, AS FOLLOWS: (A) FOR FAILURE TO COMPLY WITH THE SERVICE LEVELS SET OUT IN THE SERVICE ANNEXES, TO THE AMOUNT OF CREDITS SET OUT IN THE RELEVANT SLA; (B) FOR DAMAGE OR DESTRUCTION OF TANGIBLE PROPERTY, *; * Confidential portions omitted and filed separately with this Precedent Agreementthe Securities and Exchange Commission. d. Notwithstanding anything contained in this Precedent Agreement(C) FOR ALL OTHER EVENTS, neither Transporter nor Shipper shall be liable for consequential losses that relate to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract* OR THE CHARGES INCURRED IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CAUSE OF ACTION UNDER THE ORDER TO WHICH THE CLAIM RELATES, tort, strict liability or other fault of either Transporter or ShipperWHICHEVER IS THE GREATER. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference to “consequential losses” include direct losses or direct damagesTHE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN CLAUSE 8.4 DO NOT APPLY TO CLAUSES 5 AND 7 OR TO CLAIMS FOR DEATH OR PERSONAL INJURY. e. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreement.

Exclusions and Limitations of Liability. a. Transporter agrees The warranties relating to Year 2000 and the Euro shall not apply if: (i) the project is modified or altered by CME or any entity other than Euronext and/or its affiliates; provided that, but for such modification or alteration, the project would be Year 2000 and Euro compliant; or (ii) the operating system, computer hardware elements (including, but not limited to, micro-code, BIOS and real time clock), any third-party software, any interface to third-party software, and/or any price feed or other third-party data, cause the project, directly or indirectly, to fail to be Year 2000 or Euro compliant. Euronext's sole obligation and CME's sole remedy with respect to these Year 2000 and Euro-related representations and warranties is for Euronext to use commercially reasonable efforts to receive all required approvals and permits correct the project. EXCEPT AS SET FORTH IN PARAGRAPHS 4(F)(6) THROUGH (8) ABOVE, EURONEXT MAKES NO WARRANTIES WITH RESPECT TO THE DEVELOPMENT WORK DONE PURSUANT TO THIS AGREEMENT AND SPECIFICALLY DISCLAIMS ANY WAY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, WHETHER MADE BY EURONEXT OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY EURONEXT FOR ANY PURPOSES OR GIVE RISE TO ANY LIABILITY OF EURONEXT WHATSOEVER. Euronext's liability for defects or malfunctions in any project shall be limited to construct expansion facilities necessary to provide the Expansion Firm Servicescorrection of those defects or malfunctions. Notwithstanding the foregoing or For any breach of any other provision provisions of this Precedent AgreementAgreement relating to development work, Transporter will not the CME's exclusive remedy shall be liable the recovery of its direct damages. Euronext's liability for damages to Shipper for any damagesthe CME, howsoever incurred, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Services contemplated by this Precedent Agreement. b. Transporter will not be responsible nor will this Precedent Agreement or any TSA provided hereunder be subject to cancellation if Transporter is unable to complete the construction regardless of the expansion facilities and commence form or cause of action, whether in contract or in tort, including negligence, shall not, in the Expansion Firm Services aggregate, exceed the amounts paid to Euronext by the Planned Service Commencement Date. Transporter does not guarantee CME for the Planned Service Commencement Date and will have no liability for any delay or change to the Planned Service Commencement Date or any cancelation or change in scope of the proposed Expansion Firm Services. c. Transporter will not be responsible for any business decisions or contractual commitments made or inference drawn by Xxxxxxx in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to or in connection with this Precedent Agreement. d. Notwithstanding anything contained in this Precedent Agreement, neither Transporter nor Shipper shall be liable for consequential losses that relate to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, tort, strict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruptionproject at issue. In no event shall reference either the CME or Euronext be liable to “consequential losses” include direct losses or direct damages. e. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other or have a remedy for the recovery of any special, indirect or consequential or incidental damages, whether foreseeable or not, even if the applicable party shall has been advised of the possibility thereof, including, but not be construed as a waiver of that breach or any subsequent limited to, lost profits, lost revenues, failure to realize expected savings, or other breach commercial or economic loss of this Precedent Agreementany kind.

Exclusions and Limitations of Liability. a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm ServicesA. ACCESSING AND USING THE RTTL AND RTTL DATA IS SOLELY AT YOUR RISK. Notwithstanding the foregoing or any other provision of this Precedent AgreementAMTSO PROVIDES THE RTTL AND RTTL DATA SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS, Transporter will not be liable to Shipper for any damagesAND AMTSO EXPRESSLY DISCLAIMS ALL EXPRESS, howsoever incurredIMPLIED AND STATUTORY WARRANTIES OF ANY KIND INCLUDING, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Services contemplated by this Precedent AgreementBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONTINUOUS OPERATION, COMPLETENESS, QUALITY, ACCURACY, AND NON-INFRINGEMENT. AMTSO MAKES NO REPRESENTATION OR WARRANTY THAT THE RTTL AND RTTL DATA WILL MEET YOUR REQUIREMENTS, BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE, OR ERROR-FREE, OR THAT YOUR INFORMATION WILL BE SECURE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMTSO, ANY RTTL USER, OR THROUGH THE RTTL CREATES ANY REPRESENTATION OR WARRANTY OF ANY KIND. b. Transporter will B. AMTSO shall have no obligation to update the RTTL or RTTL Data, and does not be responsible nor will this Precedent Agreement make any determination as to whether any sample actually constitutes malware or whether any TSA provided hereunder be subject Query Results are accurately returned. AMTSO has no obligation to cancellation if Transporter is unable to complete verify or authenticate any RTTL Data, including any Query Results, malware samples or metadata. C. AMTSO IS NOT RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING DIRECTLY OR INDIRECTLY OUT OF THE ACCESSING OR USE OF THE RTTL AND/OR RTTL DATA, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES, OR ATTORNEYS’ FEES, REGARDLESS OF WHETHER ANY PERSON OR ENTITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE. X. XXX XXXXXX RELEASE AND WAIVE ALL CLAIMS, DAMAGES AND LOSSES OF ANY KIND, KNOWN AND UNKNOWN, YOU MAY HAVE AGAINST AMTSO AND ANY RTTL USER OR NON- MEMBER, AND AGAINST EACH OF AMTSO’S AND ANY RTTL USER’S OR NON-MEMBER’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE RTTL AND/OR RTTL DATA. E. ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE ACCESSED THROUGH YOUR USE OF THE RTTL IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK, PRODUCTS OR SERVICES THAT RESULTS THEREFROM. YOU AGREE THAT AMTSO HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY RTTL DATA, OR TO MAINTAIN THE RTTL. AMTSO RETAINS THE RIGHT TO LIMIT OR TERMINATE YOUR USE OF THE RTTL DATA AT AMTSO’S SOLE DISCRETION AT ANY TIME WITH OR WITHOUT NOTICE. F. RTTL Users, and Non-Members, as applicable, shall exercise caution and not upload, download or use any RTTL Data that may result in criminal or civil liability under any applicable laws or regulations including, without limitation, the construction laws of the expansion facilities United States of America and commence any applicable laws and regulations in the Expansion Firm Services by jurisdiction where the Planned Service Commencement Date. Transporter does not guarantee the Planned Service Commencement Date and will have no liability for any delay RTTL User or change to the Planned Service Commencement Date Non-Member lives, works or any cancelation provides or change in scope of the proposed Expansion Firm Servicesaccesses RTTL Data. c. Transporter will G. Some states or jurisdictions do not be responsible for any business decisions or contractual commitments made or inference drawn by Xxxxxxx allow the types of disclaimers in reliance on this Precedent Agreement section, so they may not apply to you either in part or in reliance on actions taken or disclosures made pursuant to or in connection with this Precedent Agreementfull. d. Notwithstanding anything contained in this Precedent Agreement, neither Transporter nor Shipper shall be liable for consequential losses that relate to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, tort, strict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference to “consequential losses” include direct losses or direct damages. e. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreement.

Exclusions and Limitations of Liability. a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm ServicesService. Notwithstanding the foregoing or any other provision of this the Precedent Agreement, Transporter will not be liable to Shipper for any damages, howsoever incurred, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Services Service contemplated by this Precedent Agreement. b. Transporter will not be responsible nor will this the Precedent Agreement or any TSA TA provided hereunder be subject to cancellation if Transporter is unable to complete the construction of the expansion facilities and commence the Expansion Firm Services Service by the Planned Service Commencement Date. Transporter does not guarantee the Planned Service Commencement Date and will have no liability for any delay or change to the Planned Service Commencement Date or any cancelation or change in scope of the proposed Expansion Firm ServicesService. c. Transporter will not be responsible for any business decisions or contractual commitments made or inference drawn by Xxxxxxx in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to or in connection with this Precedent Agreement. d. Notwithstanding anything contained in this Precedent Agreement, neither Transporter nor Shipper shall be liable for consequential losses that relate to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, tort, strict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference to “consequential losses” include direct losses or direct damages. e. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreement.

Exclusions and Limitations of Liability. a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm Services. Notwithstanding the foregoing or any other provision of this Precedent Agreement, Transporter will not be liable to Shipper for any damages, howsoever incurred, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Services contemplated by this Precedent Agreement. b. Transporter will not be responsible nor will this Precedent Agreement or any TSA provided hereunder be subject to cancellation if Transporter is unable to complete the construction of the expansion facilities and commence the Expansion Firm Services by the Planned Service Commencement Date. Transporter does not guarantee the Planned Service Commencement Date and will have no liability for any delay or change to the Planned Service Commencement Date or any cancelation or change in scope of the proposed Expansion Firm Services. c. Transporter will not be responsible for any business decisions or contractual commitments made or inference drawn by Xxxxxxx Shipper in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to or in connection with this Precedent Agreement. d. Notwithstanding anything contained in this Precedent Agreement, neither Transporter nor Shipper shall be liable for consequential losses that relate to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, tort, strict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference to “consequential losses” include direct losses or direct damages. e. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreement.

Exclusions and Limitations of Liability. a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide 6.1. THE WARRANTIES OF THE COMPANY IN SECTION 5 ARE EXPRESSLY IN PLACE OF ANY OTIIER WARRANTIES, GUARANTEES, CONDITIONS, OBLIGATIONS OR LIABIL1TIES WHICH MAY BE EXPRESSED OR IMPLIED BY THE COMPANY OR ITS REPRESENTATIVES. ALL STATUTORY AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND OTHER THAN TITLE ARE HEREBY EXPRESSLY NEGATED AND EXCLUDED. 6.2. The COMPANY shall not be bound by any representations or statement on the Expansion Firm Servicespart of its employees or agents whether oral or in writing except where such representations' or statement are expressly made part of the CONTRACT. 6.3. Notwithstanding The maximum liability for breach of warranty shall be the foregoing or any other provision invoice price of this Precedent Agreement, Transporter will the PRODUCT. 6.4. Except for the warranties in Section 5 the COMPANY shall not be liable to Shipper the CUSTOMER for any damagesdirect, howsoever incurredindirect, arising from Transporter’s inability consequential or failure economic loss or damage relating to construct its 6.5. The CUSTOMER shall ensure that the expansion facilities or specification of the PRODUCTS ordered is suitable and safe for the intended use of environment of use except where it makes known details of such use to provide the Expansion Firm Services contemplated by this Precedent AgreementCOMPANY in writing prior to conclusion of the CONTRACT in such a way as clearly to place reliance on the COMPANY'S special skills. b. Transporter 6.6. The CUSTOMER shall handle the PRODUCTS in a suitable and safe manner and shall comply with any instructions supplied to it by the COMPANY. The CUSTOMER shall also pass on to users (including purchasers and users of other goods and equipment into which the PRODUCTS are incorporated) all relevant safety information, and shall use best efforts to cause such users to exercise due care in the handling of the PRODUCTS. 6.7. WHERE THE COMPANY EXPERIENCES TECHNICAL DIFFICULTIES IN THE PRODUCTION OF NON-STANDARD OR CUSTOM MADE PRODUCTS IT MAY CANCEL THE CONTRACT WITHOUT BEING LIABLE TO THE CUSTOMER IN ANY WAY. 6.8. Where the CUSTOMER supplies designs, drawings and specifications to the COMPANY to enable it to manufacture non-standard or custom made PRODUCTS the CUSTOMER warrants that such manufacture will not be responsible nor will this Precedent Agreement or infringe the intellectual property rights of any TSA provided hereunder be subject to cancellation if Transporter is unable to complete the construction of the expansion facilities and commence the Expansion Firm Services by the Planned Service Commencement Date. Transporter does not guarantee the Planned Service Commencement Date and will have no liability for any delay or change to the Planned Service Commencement Date or any cancelation or change in scope of the proposed Expansion Firm Servicesthird party. c. Transporter will not be responsible for any business decisions or contractual commitments made or inference drawn by Xxxxxxx in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to or in connection with this Precedent Agreement. d. Notwithstanding anything contained in this Precedent Agreement, neither Transporter nor Shipper shall be liable for consequential losses that relate to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, tort, strict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference to “consequential losses” include direct losses or direct damages. e. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreement.

Exclusions and Limitations of Liability. a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm ServicesService. Notwithstanding the foregoing or any other provision of this the Precedent Agreement, Transporter will not be liable to Shipper for any damages, howsoever incurred, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Services Service contemplated by this Precedent Agreement. b. Transporter will not be responsible nor will this the Precedent Agreement or any TSA TA provided hereunder be subject to cancellation if Transporter is unable to complete the construction of the expansion facilities and commence the Expansion Firm Services Service by the Planned Service Commencement Date. Transporter does not guarantee the Planned Service Commencement Date and will have no liability for any delay or change to the Planned Service Commencement Date or any cancelation or change in scope of the proposed Expansion Firm ServicesService. c. Transporter will not be responsible for any business decisions or contractual commitments made or inference drawn by Xxxxxxx Shipper in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to or in connection with this Precedent Agreement. d. Notwithstanding anything contained in this Precedent Agreement, neither Transporter nor Shipper shall be liable for consequential losses that relate to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, tort, strict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference to “consequential losses” include direct losses or direct damages. e. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreement.

Exclusions and Limitations of Liability. a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm ServicesA. ACCESSING AND USING THE RTTL AND RTTL DATA IS SOLELY AT YOUR RISK. Notwithstanding the foregoing or any other provision of this Precedent AgreementAMTSO PROVIDES THE RTTL AND RTTL DATA SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS, Transporter will not be liable to Shipper for any damagesAND AMTSO EXPRESSLY DISCLAIMS ALL EXPRESS, howsoever incurredIMPLIED AND STATUTORY WARRANTIES OF ANY KIND INCLUDING, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Services contemplated by this Precedent AgreementBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONTINUOUS OPERATION, COMPLETENESS, QUALITY, ACCURACY, AND NON-­‐INFRINGEMENT. AMTSO MAKES NO REPRESENTATION OR WARRANTY THAT THE RTTL AND RTTL DATA WILL MEET YOUR REQUIREMENTS, BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE, OR ERROR-­‐FREE, OR THAT YOUR INFORMATION WILL BE SECURE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMTSO, ANY RTTL USER, OR THROUGH THE RTTL CREATES ANY REPRESENTATION OR WARRANTY OF ANY KIND. b. Transporter will B. AMTSO shall have no obligation to update the RTTL or RTTL Data, and does not be responsible nor will this Precedent Agreement make any determination as to whether any sample actually constitutes malware or whether any TSA provided hereunder be subject Query Results are accurately returned. AMTSO has no obligation to cancellation if Transporter is unable to complete verify or authenticate any RTTL Data, including any Query Results, malware samples or metadata. C. AMTSO IS NOT RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING DIRECTLY OR INDIRECTLY OUT OF THE ACCESSING OR USE OF THE RTTL AND/OR RTTL DATA, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES, OR ATTORNEYS’ FEES, REGARDLESS OF WHETHER ANY PERSON OR ENTITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE. D. YOU HEREBY RELEASE AND WAIVE ALL CLAIMS, DAMAGES AND LOSSES OF ANY KIND, KNOWN AND UNKNOWN, YOU MAY HAVE AGAINST AMTSO AND ANY RTTL USER, AND AGAINST EACH OF AMTSO’S AND ANY RTTL USER’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE RTTL AND/OR RTTL DATA. E. ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE ACCESSED THROUGH YOUR USE OF THE RTTL IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK, PRODUCTS OR SERVICES THAT RESULTS THEREFROM. YOU AGREE THAT AMTSO HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY RTTL DATA, OR TO MAINTAIN THE RTTL. AMTSO RETAINS THE RIGHT TO LIMIT OR TERMINATE YOUR USE OF THE RTTL DATA AT AMTSO’S SOLE DISCRETION AT ANY TIME WITH OR WITHOUT NOTICE. F. RTTL Users shall exercise caution and not upload, download or use any RTTL Data that may result in criminal or civil liability under any applicable laws or regulations including, without limitation, the construction laws of the expansion facilities United States of America and commence any applicable laws and regulations in the Expansion Firm Services by jurisdiction where the Planned Service Commencement Date. Transporter does not guarantee the Planned Service Commencement Date and will have no liability for any delay RTTL User lives, works or change to the Planned Service Commencement Date provides or any cancelation or change in scope of the proposed Expansion Firm Servicesaccesses RTTL Data. c. Transporter will G. Some states or jurisdictions do not be responsible for any business decisions or contractual commitments made or inference drawn by Xxxxxxx allow the types of disclaimers in reliance on this Precedent Agreement section, so they may not apply to you either in part or in reliance on actions taken or disclosures made pursuant to or in connection with this Precedent Agreementfull. d. Notwithstanding anything contained in this Precedent Agreement, neither Transporter nor Shipper shall be liable for consequential losses that relate to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, tort, strict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference to “consequential losses” include direct losses or direct damages. e. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreement.

Exclusions and Limitations of Liability. a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm Services. Notwithstanding the foregoing or any other provision of this Precedent Agreement, Transporter 10.1 Neither Party will not be liable to Shipper for any damages, howsoever incurred, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Services contemplated by this Precedent Agreement. b. Transporter will not be responsible nor will this Precedent Agreement or any TSA provided hereunder be subject to cancellation if Transporter is unable to complete the construction of the expansion facilities and commence the Expansion Firm Services by the Planned Service Commencement Date. Transporter does not guarantee the Planned Service Commencement Date and will have no liability for any delay or change to the Planned Service Commencement Date or any cancelation or change in scope of the proposed Expansion Firm Services. c. Transporter will not be responsible for any business decisions or contractual commitments made or inference drawn by Xxxxxxx in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to or in connection with this Precedent Agreement. d. Notwithstanding anything contained in this Precedent Agreement, neither Transporter nor Shipper shall be liable for consequential losses delay in performing obligations or for any failure to perform obligations if the delay results from circumstances beyond the reasonable control of either Party. 10.2 EXCEPT AS EXPRESSLY CONTAINED IN THIS AGREEMENT, SCITOR ITS MAKES NO WARRANTIES AND HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR IN RELATION TO THE AGREEMENT. 10.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR LOST TIME, INCOME, REVENUE, CLIENTS GOODWILL, PROFITS OR OTHER SIMILAR ITEMS, OR ANY BUSINESS INTERRUPTION OF ANY KIND EVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 10.4 In the event that relate data furnished by Customer, whether transmitted via the Network or otherwise, is lost, destroyed or damaged due to the negligence of Scitor ITS, its agents or employees, Customer's sole remedy shall be the repair or replacement by Scitor ITS of such lost, destroyed or damaged data, provided however that such repair or restoration can reasonably be performed by Scitor ITS and provided, further, that Customer furnishes Scitor ITS with all source data, in machine readable form, necessary for such repair or restoration. 10.5 Subject to Clauses 10.3 and 10.4, and without prejudice to Customer's obligation to pay any charges hereunder for Service rendered, the Parties' maximum liability to each other under this Agreement is limited in respect of each event or series of connected events as follows: $1,000,000 in respect of physical damage to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, tort, strict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profittangible property; $100,000 in respect of all other events other than intentional acts or acts of negligence by a Party, loss its employees or anticipated loss agents, to the extent that such acts cause death of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference injury to “consequential losses” include direct losses or direct damagespersons. e. Failure of either party 10.6 The Parties' sole obligations and liabilities are as stated in this Agreement and all other representations, conditions, warranties and terms express or implied whether by statute, law or otherwise are hereby excluded to pursue any remedy resulting from a breach of this Precedent Agreement the full extent permitted by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreementlaw.