Common use of Indemnification and Limitation of Liability Clause in Contracts

Indemnification and Limitation of Liability. Indemnification. Customer shall indemnify, defend and hold harmless ACUTRAQ, its data vendors, suppliers, officers and employees from and against any and all loss, cost, expense, claim, or liability (including, but not limited to reasonable costs of litigation and attorneys' fees) arising from any claim or action brought by a third person that arises out of or is related to Customer’s use of the Services and its underlying data. Limitation of Liability. ACUTRAQ AND ITS DATA PROVIDERS SHALL NOT BE LIABLE TO CUSTOMER, OR ANY THIRD PERSON TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER OF (i) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSED, OR ALLEGEDLY PROXIMATELY CAUSED, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT PURSUANT TO THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES OR THE UNDERLYING DATA DELIVERED BY ACUTRAQ HEREUNDER.

Indemnification and Limitation of Liability. Indemnification. Customer shall indemnify, defend You agree to indemnify and hold us harmless ACUTRAQ, its data vendors, suppliers, officers and employees from and against any and all loss, cost, expense, claim, or liability (including, but not limited to reasonable costs of litigation and attorneys' fees) arising from any claim losses, damages, suits, costs and expenses, including reasonable attorneys’ fees, which we may incur as a result of taking any action or not taking any action brought by a third person that arises out of we are entitled to take pursuant to this Agreement or is related to Customer’s use of the Services and its underlying datarelying upon instructions or information from you. Limitation of LiabilityEXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY YOUR NEGLIGENCE, ACTS OR OMISSIONS OF THIRD PARTIES, INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF THE BANK, PROVIDED THE BANK EXERCISED SUCH DILIGENCE AS THE CIRCUMSTANCES REQUIRE. ACUTRAQ EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE BANK SHALL BE EXCUSED FROM SUCH FAILURE TO ACT OR DELAY AS LONG AS SUCH CIRCUMSTANCES PREVAIL, AND THE BANK CONTINUES TO USE ITS DATA PROVIDERS SHALL COMMERCIALLY REASONABLE EFFORTS TO RECOMMENCE PERFORMANCE. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED AND WE WILL NOT BE LIABLE TO CUSTOMERFOR SPECIAL, OR ANY THIRD PERSON TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR INDIRECT, CONSEQUENTIALINCIDENTAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER OF (i) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSED, OR ALLEGEDLY PROXIMATELY CAUSED, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT PURSUANT TO THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTKIND. This Indemnification and Limitation of Liability subsection does not, THE SERVICES OR THE UNDERLYING DATA DELIVERED BY ACUTRAQ HEREUNDERin any case, reduce our liability to you as described in the section “IX. Electronic Fund Transfer Disclosure and Terms” or reduce your liability to us as described in section “X. Wire Transfer Terms.”

Indemnification and Limitation of Liability. Indemnification. Customer shall indemnify‌ a. Products and Support are not specifically designed, defend manufactured or intended as parts, components or assemblies for the planning, construction, maintenance, or direct operation of a nuclear facility and hold harmless ACUTRAQ, its data vendors, suppliers, officers and employees from and against HPE disclaims any and all liability for the use of HPE Products in a nuclear facility. You agree to indemnify and hold HPE harmless from all loss, costdamage, expense, claim, expense or liability in connection with such use. b. EXCEPT FOR CLAIMS UNDER SECTION 1.10 (including, but not limited to reasonable costs of litigation and attorneys' feesINTELLECTUAL PROPERTY INDEMNIFICATION) arising from any claim or action brought by a third person that arises out of or is related to Customer’s use of the Services and its underlying data. Limitation of Liability. ACUTRAQ OR DAMAGES FOR BODILY INJURY OR DEATH AND ITS DATA PROVIDERS SHALL FOR ANY OTHER CLAIM WHICH CAN NOT BE EXCLUDED BY LOCAL LAW, HPE’S MAXIMUM LIABILITY UNDER THIS AGREEMENT IS US$1,000,000 PER INCIDENT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT IS HPE LIABLE TO CUSTOMERYOU FOR SPECIAL, OR ANY THIRD PERSON TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, STATUTORY, PUNITIVE OR SPECIAL CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, ANY AND ALL DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FROM BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, OR LOSS OF BUSINESS INFORMATIONUSE OF ANY PROPERTY OR CAPITAL). TO THE EXTENT ALLOWED BY LOCAL LAW, THESE LIMITATIONS APPLY REGARDLESS OF THE BASIS OF LIABILITY, INCLUDING NEGLIGENCE, MISREPRESENTATION, BREACH OF ANY KIND, OR ANY OTHER CLAIMS IN CONTRACT, TORT OR OTHERWISE. c. You are solely responsible for your acts, omissions, obligations, representations, or misrepresentations in providing your services to Customers. You agree to defend, indemnify and hold us harmless against all claims, lawsuits, liabilities, losses, damages, costs and expenses (including reasonable attorney and expert witness fees), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER OF (i) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSEDas a result of any claims by Customers, OR ALLEGEDLY PROXIMATELY CAUSEDarising out of or in connection with your acts, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT PURSUANT TO THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTomissions, THE SERVICES OR THE UNDERLYING DATA DELIVERED BY ACUTRAQ HEREUNDERobligations, representations, or misrepresentations in connection with your provision of services or services offerings; or reselling of HPE Products and Support to Customers.

Indemnification and Limitation of Liability. Indemnification12.1. Customer shall indemnifyAMOCO'S INDEMNITIES: REGARDLESS OF THE PRESENCE OR ABSENCE OF ANY INSURANCE COVERAGE MAINTAINED BY EITHER PARTY HERETO, defend and hold harmless ACUTRAQAMOCO HEREBY RELEASES, its data vendorsAND AGREES TO DEFEND, suppliersPROTECT, officers and employees from and against any and all lossINDEMNIFY AND HOLD HARMLESS, costCBF, expenseITS OPERATOR, claim, or liability (including, but not limited to reasonable costs of litigation and attorneys' fees) arising from any claim or action brought by a third person that arises out of or is related to Customer’s use of the Services and its underlying data. Limitation of Liability. ACUTRAQ PARTNERS AND ITS DATA PROVIDERS SHALL NOT BE LIABLE TO CUSTOMERPARTNERS' AFFILIATES AND THOSE ENTITIES' RESPECTIVE DIRECTORS, OR OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES ("AMOCO INDEMNIFIED PARTIES") FROM AND AGAINST ANY THIRD PERSON TO THE EXTENT PERMITTED UNDER APPLICABLE LAWAND ALL CLAIMS, FOR INDIRECTDEMANDS, CONSEQUENTIALCAUSES OF ACTION, EXEMPLARYLIABILITY, PUNITIVELOSS, MULTIPLEDAMAGE, INCIDENTALPENALTIES, OR SPECIAL DAMAGES FINES, COST AND EXPENSE, INCLUDING COURT COSTS AND ATTORNEY'S FEES IN CONNECTION THEREWITH (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION"CLAIMS"), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER OF (i) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSED, OR ALLEGEDLY PROXIMATELY CAUSED, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT PURSUANT TO THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTRELATED TO: (1) DESTRUCTION, LOSS OR CONTAMINATION OF AMOCO'S RAW PRODUCT AND SPECIFICATION PRODUCTS, EVEN WHERE LIABILITY WITHOUT FAULT WOULD OTHERWISE BE IMPOSED ON CBF AND REGARDLESS OF THE CAUSE OF SUCH LOSS, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY OF THE AMOCO INDEMNIFIED PARTIES, IT BEING UNDERSTOOD AND AGREED THAT AMOCO SHALL RETAIN ALL RISK OF LOSS WITH REGARD TO AMOCO'S RAW PRODUCT AND ATTRIBUTABLE SPECIFICATION PRODUCTS, EVEN WHEN SAME IS IN CBF'S POSSESSION DURING THE PROVIDING OF SERVICES OR THE UNDERLYING DATA DELIVERED BY ACUTRAQ HEREUNDER; and (2) Except as to Claims within the scope of Sections 12.1.(1) above, any Claims arising from injuries or damages to the persons or properties arising from damages to the tangible physical property in connection with Amoco's, or its contractors, handling and possession of Amoco's Raw Product or Specifications Products prior to delivery of same to CBF and after delivery of same from CBF back to Amoco or its designated representative to the extent of Amoco's or its contractor's negligence or legal fault for same.

Indemnification and Limitation of Liability. Indemnification. Customer shall indemnifyBY ENTERING THE GIVEAWAY, defend and hold harmless ACUTRAQEACH ENTRANT AGREES TO INDEMNIFY, its data vendors, suppliers, officers and employees from and against any and all loss, cost, expense, claim, or liability (including, but not limited to reasonable costs of litigation and attorneys' fees) arising from any claim or action brought by a third person that arises out of or is related to Customer’s use of the Services and its underlying data. Limitation of Liability. ACUTRAQ RELEASE AND HOLD HARMLESS THE SPONSOR AND ITS DATA PROVIDERS SHALL RESPECTIVE PARENT, AFFILIATE AND SUBSIDIARY COMPANIES (INCLUDING BUT NOT BE LIABLE TO CUSTOMERLIMITED TO, MEDIFAST, INC.), ITS ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR ANY THIRD PERSON TO THE EXTENT PERMITTED UNDER APPLICABLE LAWINJURY (INCLUDING, FOR WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SPECIAL DAMAGES EXEMPLARY DAMAGES) WHETHER ARISING IN TORT (INCLUDING WITHOUT LIMITATIONNEGLIGENCE, DAMAGES FOR LOST REVENUESWHETHER ACTIVE, LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS PASSIVE OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATIONIMPUTED), EVEN IF SUCH PARTY HAS CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE GIVEAWAY AND/OR THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE(S) THAT MAY BE WON, AND WHETHER OR NOT THE GIVEAWAY ENTITIES HAVE BEEN APPRISED ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER OF (i) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSED, OR ALLEGEDLY PROXIMATELY CAUSED, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US)DAMAGES. THE REMEDIES SET FORTH IN THIS PARAGRAPH GIVEAWAY ENTITIES AND TERMINATION OF THIS AGREEMENT PURSUANT THEIR RESPECTIVE PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS CONDITION, FITNESS OR DAMAGES ARISING OUT MERCHANTABILITY OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES OR THE UNDERLYING DATA DELIVERED BY ACUTRAQ HEREUNDERPRIZE(S).

Indemnification and Limitation of Liability. Indemnification. Customer shall indemnifya. Products and Support are not specifically designed, defend manufactured or intended as parts, components or assemblies for the planning, construction, maintenance, or direct operation of a nuclear facility and hold harmless ACUTRAQ, its data vendors, suppliers, officers and employees from and against HP disclaims any and all liability for the use of HP Products in a nuclear facility. You agree to indemnify and hold HP harmless from all loss, costdamage, expense, claim, expense or liability in connection with such use. b. EXCEPT FOR CLAIMS UNDER SECTION 1.10 (including, but not limited to reasonable costs of litigation and attorneys' feesINTELLECTUAL PROPERTY INDEMNIFICATION) arising from any claim or action brought by a third person that arises out of or is related to Customer’s use of the Services and its underlying data. Limitation of Liability. ACUTRAQ OR DAMAGES FOR BODILY INJURY OR DEATH AND ITS DATA PROVIDERS SHALL FOR ANY OTHER CLAIM WHICH CAN NOT BE EXCLUDED BY LOCAL LAW, HP’S MAXIMUM LIABILITY UNDER THIS AGREEMENT IS US$1,000,000 PER INCIDENT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT IS HP LIABLE TO CUSTOMERYOU FOR SPECIAL, OR ANY THIRD PERSON TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, STATUTORY, PUNITIVE OR SPECIAL CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, ANY AND ALL DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FROM BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, OR LOSS OF BUSINESS INFORMATIONUSE OF ANY PROPERTY OR CAPITAL). TO THE EXTENT ALLOWED BY LOCAL LAW, THESE LIMITATIONS APPLY REGARDLESS OF THE BASIS OF LIABILITY, INCLUDING NEGLIGENCE, MISREPRESENTATION, BREACH OF ANY KIND, OR ANY OTHER CLAIMS IN CONTRACT, TORT OR OTHERWISE. c. You are solely responsible for your acts, omissions, obligations, representations, or misrepresentations in providing your services to Customers. You agree to defend, indemnify and hold us harmless against all claims, lawsuits, liabilities, losses, damages, costs and expenses (including reasonable attorney and expert witness fees), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER OF (i) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSEDas a result of any claims by Customers, OR ALLEGEDLY PROXIMATELY CAUSEDarising out of or in connection with your acts, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT PURSUANT TO THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTomissions, THE SERVICES OR THE UNDERLYING DATA DELIVERED BY ACUTRAQ HEREUNDERobligations, representations, or misrepresentations in connection with your provision of services or services offerings; or reselling of HP Products and Support to Customers.

Indemnification and Limitation of Liability. Indemnification(a) CUSTOMER AGREES TO INDEMNIFY FIRM AND HOLD FIRM HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, INCURRED BY FIRM BECAUSE ANY OF THE CUSTOMER’S REPRESENTATIONS AND WARRANTIES SHALL NOT BE TRUE AND CORRECT OR THE AGREEMENTS MADE HEREIN BY CUSTOMER SHALL NOT BE FULLY AND TIMELY PERFORMED. Customer shall indemnifyCUSTOMER ALSO AGREES TO PAY PROMPTLY TO FIRM ALL DAMAGES, defend and hold harmless ACUTRAQCOSTS AND EXPENSES, its data vendorsINCLUDING ATTORNEYS’ FEES, suppliers, officers and employees from and against any and all loss, cost, expense, claim, or liability INCURRED BY FIRM IN THE ENFORCEMENT OF ANY OF THE PROVISIONS OF THIS AGREEMENT. (including, but not limited to reasonable costs of litigation and attorneys' feesb) arising from any claim or action brought by a third person that arises out of or is related to Customer’s use of the Services and its underlying data. Limitation of Liability. ACUTRAQ AND ITS DATA PROVIDERS FIRM SHALL NOT BE LIABLE TO FOR, AND CUSTOMER SHALL INDEMNIFY FIRM AND HOLD IT HARMLESS FROM, ANY LOSS, LIABILITY, EXPENSE, FINE OR TAX INCURRED IN CONNECTION WITH CUSTOMER, ’S ACCOUNT(S) AND/OR ANY THIRD PERSON TRANSACTIONS EFFECTED THEREUNDER DIRECTLY OR INDIRECTLY BY ANY EVENTS BEYOND FIRM'S REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY (I) GOVERNMENTAL, JUDICIAL, EXCHANGE OR OTHER SELF- REGULATORY ORGANIZATION ACTION OR ORDER, (II) SUSPENSION OR TERMINATION OF TRADING, (III) BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, (IV) FAILURE OR DELAY BY ANY EXCHANGE TO THE EXTENT PERMITTED UNDER APPLICABLE LAWENFORCE ITS RULES OR TO PAY OR RETURN ANY AMOUNTS OWED TO FIRM WITH RESPECT TO ANY CONTRACTS EFFECTED ON BEHALF OF CUSTOMER'S ACCOUNTS OR (V) STRIKES, WAR OR ACTS OF TERRORISM. IN NO EVENT SHALL FIRM BE LIABLE FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER OF (i) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSED, OR ALLEGEDLY PROXIMATELY CAUSED, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT PURSUANT TO THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES OR THE UNDERLYING DATA DELIVERED BY ACUTRAQ HEREUNDER.DAMAGES

Indemnification and Limitation of Liability. Indemnification. Customer shall To the maximum extent permitted by law, STAFFING FIRM will defend, indemnify, defend and hold harmless ACUTRAQCLIENT and its parent, its data vendorssubsidiaries, suppliersdirectors, officers officers, agents, representatives, and employees harmless from all claims, losses, and against any liabilities (including reasonable attorneys’ fees) to the extent caused by STAFFING FIRM’s breach of this Agreement; its failure to discharge its duties and all loss, cost, expense, claimresponsibilities set forth in Section 1; or the gross negligence, or liability willful misconduct of STAFFING FIRM or STAFFING FIRM’s officers, employees, or authorized agents in the discharge of those duties and responsibilities. To the extent permitted by law, CLIENT will defend, indemnify, and hold STAFFING FIRM and its parent, subsidiaries, directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities (including, but not limited to including reasonable costs of litigation and attorneys' ’ fees) arising from any claim to the extent caused by CLIENT’s breach of this Agreement; its failure to discharge its duties and responsibilities set forth in Section 2; or action brought by a third person that arises out the negligence, gross negligence, or willful misconduct of CLIENT or is related to CustomerCLIENT’s use officers, employees, or authorized agents in the discharge of the Services those duties and its underlying dataresponsibilities. Limitation of LiabilityALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY STAFFING FIRM OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANT ABILITY OR FITNESS FOR PARTICULAR PURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. ACUTRAQ STAFFING FIRM MAKES NO ASSURANCE AS TO THE RESULTS OF ITS SERVICES, AND ITS DATA PROVIDERS STAFFING FIRM IS TO BE PAID FOR SERVICES RENDERED IRRESPECTIVE OF THE RESULTS OF SUCH SERVICES. NEITHER PARTY SHALL NOT BE LIABLE FOR OR BE REQUIRED TO CUSTOMER, OR INDEMNIFY THE OTHER PARTY FOR ANY THIRD PERSON TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR INDIRECTINCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, MULTIPLEOR LOST PROFIT DAMAGES THAT ARISE IN CONNECTION WITH THIS AGREEMENT, INCIDENTALREGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST SAVINGS, COSTS OTHERWISE) AND REGARDLESS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION)HOW CHARACTERIZED, EVEN IF SUCH PARTY HAS BEEN APPRISED ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES OCCURRINGDAMAGES. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER OF As a condition precedent to indemnification, the party seeking indemnification will inform the other party within two (i2) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSEDbusiness days after it receives notice of any claim, OR ALLEGEDLY PROXIMATELY CAUSEDloss, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT PURSUANT TO THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTliability, THE SERVICES OR THE UNDERLYING DATA DELIVERED BY ACUTRAQ HEREUNDERor demand for which it seeks indemnification from the other party; and the party seeking indemnification will cooperate in the investigation and defense of any such matter.

Indemnification and Limitation of Liability. Indemnification. Customer shall indemnify, defend (a) Employer will be liable for and hold harmless ACUTRAQindemnify GFG, its data vendorsofficers, suppliersagents, officers servants, directors, shareholders, employees and employees from attorneys (including corporate General and Associate General Counsel), subsidiaries, and affiliates (collectively, the "Indemnitees") against any all losses, damages, penalties, liabilities, costs and all lossexpenses, costincluding without limitation, expense, claim, or liability (including, but not limited to reasonable costs of litigation and attorneys' fees) , suffered or incurred by an Indemnitee to the extent based on or arising from any claim or action brought by a third person that arises out of a breach of any of Employer's representations, warranties or is related to Customer’s use of the Services and its underlying data. Limitation of Liability. ACUTRAQ AND ITS DATA PROVIDERS covenants set forth in this Agreement or Employer's negligence or willful misconduct. (b) GFG SHALL NOT BE LIABLE TO CUSTOMEREMPLOYER FOR ANY SPECIAL, OR ANY THIRD PERSON TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUESREVENUE, LOST PROFITS, PROFITS AND LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION)DAMAGED DATA, EVEN IF SUCH PARTY HAS BEEN APPRISED GFG WAS ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES OCCURRING. ACUTRAQ’S DAMAGES. (c) IN NO EVENT WILL THE AGGREGATE LIABILITY HEREUNDER IS LIMITED TO LOWER OF (i) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSED, OR ALLEGEDLY PROXIMATELY CAUSED, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF GFG UNDER THIS AGREEMENT PURSUANT FOR ALL DAMAGES PERMITTED UNDER THIS AGREEMENT EXCEED THE ANNUAL SERVICE FEE PAID BY EMPLOYER TO GFG DURING THE TERMS HEREOF ARE CUSTOMER'S SOLE 12 MONTHS BEFORE GFG RECEIVES WRITTEN NOTICE OF THE FIRST DAMAGES CLAIM. THIS LIMITATION ON THE LIABILITY OF GFG AND EXCLUSIVE REMEDIES ITS INDEMNITIES FOR CLAIMS PERMITTED DAMAGES WILL NOT APPLY TO PERMITTED DAMAGES CAUSED BY THE FRAUD, GROSS NEGLIGENCE OR DAMAGES ARISING OUT WILLFUL MISCONDUCT OF OR RELATING IN ANY WAY TO THIS AGREEMENTGFG AND ITS INDEMNITIES. (d) Upon Employer's receipt of any reports or written communications from GFG or GFG’s subcontractor, THE SERVICES OR THE UNDERLYING DATA DELIVERED BY ACUTRAQ HEREUNDEREmployer must notify GFG in writing of all inaccuracies and errors reflected in such reports or communications, with a complete description of the inaccuracies or errors, within the time allowed or within 30 days, whichever occurs first, after Employer's receipt of such report or communication. After the time allowed or within 30 days, whichever occurs first, the information provided in such reports and communications will be deemed correct, and GFG shall have no responsibility for any inaccuracies or errors that may exist, including any responsibility to correct any records or to make the Plan or the affected participants whole for any investment losses or any other consequences resulting from such inaccuracies or errors.

Indemnification and Limitation of Liability. Indemnification. Customer shall indemnifyExcept as to rate-related matters, defend regulatory or otherwise, Company agrees to protect, defend, indemnify and hold harmless ACUTRAQPremises Provider, and any of its data vendorsofficers, suppliersdirectors, officers agents, contractors and employees harmless from and against any and all loss, costcosts (including reasonable attorneys’ fees), expensedamages, claimliabilities, claims, liens, demands or liability (includingcauses of action of every nature, but not limited including damage to reasonable costs of litigation and attorneys' fees) property or injury or death to persons arising from any claim directly or action brought by a third person that arises indirectly out of or is related to CustomerCompany’s use breach of the Services and its underlying data. Limitation of Liability. ACUTRAQ AND ITS DATA PROVIDERS SHALL NOT BE LIABLE TO CUSTOMER, OR ANY THIRD PERSON TO obligations under this Agreement. (a) EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER OF (i) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSED, OR ALLEGEDLY PROXIMATELY CAUSED, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT PURSUANT TO THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES SUPPLIED UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS LICENSORS AND SUPPLIERS, AND THEIR RESPECTIVE AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, LACK OF VIRUSES, AND ANY WARRANTY REGARDING THE UNDERLYING DATA DELIVERED SECURITY OR RELIABILITY OF EQUIPMENT OR SERVICES. COMPANY DOES NOT WARRANT THAT SERVICES SHALL BE UNINTERRUPTED, ERROR FREE, OR THAT ALL ERRORS MAY BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY ACUTRAQ HEREUNDERAPPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE OR PROFITS, OR FOR BUSINESS INTERRUPTION RELATING TO OR ARISING OUT OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE FOR ANY PHYSICAL HARM OR OTHER INJURY, WHETHER FORESEEN OR UNFORESEEN, ARISING OUT OF THE USE OF EQUIPMENT, PRODUCTS, ACCESSORIES OR SERVICES SUPPLIED UNDER THIS AGREEMENT. PREMISES PROVIDER IS SOLELY RESPONSIBLE FOR KEEPING TELEPHONE AND HEADSET CORDS AWAY FROM THOSE WHO PRESENT A RISK TO THEMSELVES OR OTHERS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Indemnification and Limitation of Liability. Indemnification. Customer shall indemnify, defend and hold harmless ACUTRAQ, its data vendors, suppliers, officers and employees from and against any and all loss, cost, expense, claim, or liability (including, but not limited to reasonable costs of litigation and attorneys' fees) arising from any claim or action brought by a third person that arises out of or is related to Customer’s use of the Services and its underlying data. Limitation of Liability. ACUTRAQ AND ITS DATA PROVIDERS 15.1 IN NO EVENT SHALL NOT AGENCY BE LIABLE TO CUSTOMERFOR PUNITIVE DAMAGES, LOSS OF PROFIT, LOSS OF GOODWILL OR ANY THIRD PERSON INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE CONTRACTOR UNDER THIS AGREEMENT WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS CLAUSE 15 SHALL SURVIVE TERMINATION OF THIS AGREEMENT. FOR THE AVOIDANCE OF DOUBT, THE AGENCY DOES NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS OWN NEGLIGENCE, WILLFUL OR GROSS NEGLIGENCE, FRAUD OR FOR ANY OTHER LOSS WHICH IT IS NOT PERMITTED TO THE EXTENT PERMITTED EXCLUDE UNDER APPLICABLE LAW. 15.2 SUBJECT TO CLAUSE 15.1, FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SUCH PARTY HAS BEEN APPRISED THE MAXIMUM LIABILITY OF THE LIKELIHOOD AGENCY TO THE CONTRACTOR IN ANY ONE CONTRACT YEAR SHALL BE LIMITED IN THE AGGREGATE TO ONE HUNDRED AND TWENTY PERCENT (120%) OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED THE FEES PAID OR PAYABLE BY THE AGENCY TO LOWER OF THE CONTRACTOR IN THE LAST CONTRACT YEAR (iOR PART THEREOF AS THE CASE MAY BE) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSED, OR ALLEGEDLY PROXIMATELY CAUSED, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT PURSUANT PRIOR TO THE TERMS HEREOF ARE CUSTOMER'S SOLE CAUSE OF ACTION GIVING RISE TO THE RELEVANT CLAIM OR SERIES OF CLAIMS. 15.3 THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND EXCLUSIVE REMEDIES FOR CLAIMS HOLD HARMLESS THE AGENCY AGAINST ANY LOSSES INCURRED BY THE AGENCY, THE CLIENT OR DAMAGES THE AOR ARISING OUT OR RESULTING FROM: A) BODILY INJURY, DEATH OR ANY PERSON OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY ARISING FROM CONTRACTOR’S ACTS OR OMISSIONS, AND B) CONTRACTOR’S BREACH OF ANY REPRESENTATION, WARRANTY OR RELATING OBLIGATION UNDER THIS AGREEMENT AND C) CONTRACTOR’S NEGLIGENCE, WILLFUL MISCONDUCT, RECKLESS OR WRONGFUL ACTS IN ANY WAY RELATION TO THIS AGREEMENT, THE SERVICES INCLUDING BUT NOT LIMITED TO, HOSTILE, DISCRIMINATORY OR UNSAFE WORK ENVIRONMENTS FOR CONTRACTOR’S REPRESENTATIVES. THE UNDERLYING DATA DELIVERED AGENCY MAY SATISFY ANY SUCH INDEMNITY (IN WHOLE OR IN PART) BY ACUTRAQ HEREUNDERWAY OF DEDUCTION OF ANY PAYMENT DUE TO CONTRACTOR.

Indemnification and Limitation of Liability. Indemnification. Customer Business Associate shall indemnify, defend indemniFy and hold harmless ACUTRAQthe Covered Entity and its oFFicers, its data vendorstrustees, suppliersemployees, officers and employees from and against agents From any and all lossthird-party claims, costpenalties, expenseFines, claimcosts, liabilities or liability (includingdamages, including but not limited to reasonable costs of litigation and attorneys' fees) ’ Fees, incurred by the Covered Entity arising from any claim or action brought From a violation by a third person that arises out of or is related to Customer’s use of the Services and Business Associate oF its underlying dataobligations under this Agreement. Limitation of Liability. ACUTRAQ AND ITS DATA PROVIDERS NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY, EXCEPT FOR CLAIMS OF VIOLATION OF LAW, THE TOTAL AMOUNT BY WHICH BUSINESS ASSOCIATE AGREES TO INDEMNIFY THE COVERED ENTITY HEREUNDER SHALL NOT EXCEED THE FEES (AS DEFINED IN THE UNDERLYING AGREEMENTS) PAID TO BUSINESS ASSOCIATE BY CUSTOMER PURSUANT TO THE UNDERLYING AGREEMENTS FOR THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE ACCRUAL OF THE CLAIM; PROVIDED, HOWEVER, FINES AND PENALTIES ASSESSED BY THE FEDERAL GOVERNMENT AGAINST THE COVERED ENTITY FOR VIOLATIONS OF FEDERAL LAW AND REGULATIONS CAUSED SOLELY BY BUSINESS ASSOCIATE’S BREACH WILL NOT BE SUBJECT TO THE FOREGOING LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE UNDERLYING AGREE- MENTS OR THIS AGREEMENT, EXCEPT FOR CLAIMS OF VIOLATION OF LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO CUSTOMER, THE OTHER FOR LOST PROFITS OR ANY THIRD PERSON TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, REVENUE OR FOR INDIRECTINCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLECOVER, INCIDENTALSPECIAL, RELIANCE OR EXEMPLARY DAMAGES, OR SPECIAL INDIRECT DAMAGES OF ANY TYPE OR KIND HOWEVER CAUSED, WHETHER FROM BREACH OF WARRANTY, BREACH OR REPUDIATION OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR ANY OTHER LEGAL CAUSE OF ACTION FROM OR IN CONNECTION WITH THE UNDERLYING AGREEMENTS OR THIS AGREEMENT (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS AND WHETHER OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SUCH NOT THE PARTY HAS BEEN APPRISED ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER OF (iDAMAGES) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSED, OR ALLEGEDLY PROXIMATELY CAUSED, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT PURSUANT TO THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES OR THE UNDERLYING DATA DELIVERED MAXIMUM EXTENT PERMITTED BY ACUTRAQ HEREUNDERLAW.

Indemnification and Limitation of Liability. Indemnification. Customer Business Associate shall indemnify, defend indemnify and hold harmless ACUTRAQthe Covered Entity and its officers, its data vendorstrustees, suppliersemployees, officers and employees agents from and against any and all lossthird-party claims, costpenalties, expensefines, claimcosts, liabilities or liability (includingdamages, including but not limited to reasonable costs of litigation and attorneys' ’ fees) , incurred by the Covered Entity arising from any claim or action brought a violation by a third person that arises out Business Associate of or is related to Customer’s use of the Services and its underlying dataobligations under this Agreement. Limitation of Liability. ACUTRAQ AND ITS DATA PROVIDERS NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY, EXCEPT FOR CLAIMS OF VIOLATION OF LAW, THE TOTAL AMOUNT BY WHICH BUSINESS ASSOCIATE AGREES TO INDEMNIFY THE COVERED ENTITY HEREUNDER SHALL NOT EXCEED THE FEES (AS DEFINED IN THE UNDERLYING AGREEMENTS) PAID TO BUSINESS ASSOCIATE BY CUSTOMER PURSUANT TO THE UNDERLYING AGREEMENTS FOR THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE ACCRUAL OF THE CLAIM; PROVIDED, HOWEVER, FINES AND PENALTIES ASSESSED BY THE FEDERAL GOVERNMENT AGAINST THE COVERED ENTITY FOR VIOLATIONS OF FEDERAL LAW AND REGULATIONS CAUSED SOLELY BY BUSINESS ASSOCIATE’S BREACH WILL NOT BE SUBJECT TO THE FOREGOING LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE UNDERLYING AGREEMENTS OR THIS AGREEMENT, EXCEPT FOR CLAIMS OF VIOLATION OF LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO CUSTOMER, THE OTHER FOR LOST PROFITS OR ANY THIRD PERSON TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, REVENUE OR FOR INDIRECTINCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLECOVER, INCIDENTALSPECIAL, RELIANCE OR EXEMPLARY DAMAGES, OR SPECIAL INDIRECT DAMAGES OF ANY TYPE OR KIND HOWEVER CAUSED, WHETHER FROM BREACH OF WARRANTY, BREACH OR REPUDIATION OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR ANY OTHER LEGAL CAUSE OF ACTION FROM OR IN CONNECTION WITH THE UNDERLYING AGREEMENTS OR THIS AGREEMENT (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS AND WHETHER OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SUCH NOT THE PARTY HAS BEEN APPRISED ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER OF (iDAMAGES) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSED, OR ALLEGEDLY PROXIMATELY CAUSED, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT PURSUANT TO THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES OR THE UNDERLYING DATA DELIVERED MAXIMUM EXTENT PERMITTED BY ACUTRAQ HEREUNDERLAW.

Indemnification and Limitation of Liability. IndemnificationYOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/APP INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE. Customer shall indemnifyFURTHER, defend and hold harmless ACUTRAQYOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, its data vendorsOR ARISING OUT OF, suppliersOR IN CONNECTION WITH, officers and employees from and against any and all lossYOUR USE OF THE WEBSITE/APP, costANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, expenseYOUR VIOLATION OF THE TERMS OF SERVICE, claimOR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, or liability (includingINCLUDING ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL WE, but not limited to reasonable costs of litigation and attorneys' fees) arising from any claim or action brought by a third person that arises out of or is related to Customer’s use of the Services and its underlying data. Limitation of Liability. ACUTRAQ AND ITS DATA PROVIDERS SHALL NOT OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO CUSTOMERYOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY THIRD PERSON TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER OF (i) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSED, OR ALLEGEDLY PROXIMATELY CAUSED, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT PURSUANT TO THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES OTHER CLAIM ARISING OUT OF OR RELATING IN ANY WAY CONNECTION WITH YOUR USE OF OR ACCESS TO THIS AGREEMENTTHE WEBSITE/APP, THE SERVICES OR MATERIALS. THE UNDERLYING DATA DELIVERED LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY ACUTRAQ HEREUNDERAPPLICABLE LAW.

Indemnification and Limitation of Liability. Indemnification. Customer shall indemnify, defend (i) You agree to indemnify and hold us harmless ACUTRAQ, its data vendors, suppliers, officers and employees from and against all losses, liabilities, damages and expenses resulting from any and all lossbreach of any warranty, cost, expense, claimcovenant or agreement or any misrepresentation by you under this Agreement, or liability (includingarising out of any gross negligence or willful misconduct of you or your employees, but not limited to reasonable costs of litigation and attorneys' fees) in con- nection with your performance under this Agreement or otherwise arising from any claim or action brought by a third person that arises out your provision of or is related goods and services to Customer’s use of the Services and its underlying data. Limitation of Liability. ACUTRAQ Discover Network Cardholders. (ii) THIS DISCOVER NETWORK AGREEMENT IS A SERVICE AGREEMENT AND ITS DATA PROVIDERS WE DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PUR- POSE OR OTHERWISE OF ANY SERVICES OR ANY GOODS PROVIDED INCIDENTAL TO THE SERVICES PROVIDED UNDER THIS AGREEMENT. (iii) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL NOT ANY PARTY, THEIR RESPECTIVE AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, BE LIABLE TO CUSTOMERUNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR ANY THIRD PERSON TO THE EXTENT PERMITTED UNDER APPLICABLE LAWOTHER LEGAL THEORY FOR LOST PROFITS, FOR INDIRECTLOST REVENUES, CONSEQUENTIALLOST BUSINESS OPPOR- TUNITIES, EXEMPLARY, PUNITIVE, MULTIPLESPECIAL, INCIDENTAL, INDIRECT OR SPECIAL CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EX- CLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ANY PARTY OR ANY ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (INCLUDING WITHOUT LIMITATIONiv) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CON- TRARY, THE CUMULATIVE LIABILITY OF PROCESSOR FOR ALL LOSSES, CLAIMS, SUITS, CONTROVERSIES, BREACHES, OR DAMAGES FOR LOST REVENUESANY CAUSE WHATSOEVER (INCLUDING, LOST PROFITSBUT NOT LIMITED TO, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER OF (i) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSED, OR ALLEGEDLY PROXIMATELY CAUSED, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT PURSUANT TO THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES THOSE ARISING OUT OF OR RELATING IN ANY WAY RELATED TO THIS AGREEMENT) AND REGARD- LESS OF THE FORM OF ACTION OR LEGAL THEORY SHALL NOT EXCEED, (I) $50,000; OR (II) THE AMOUNT OF FEES RECEIVED BY PROCESSOR PURSUANT TO THIS AGREEMENT FOR SERVICES OR PER- FORMED IN THE UNDERLYING DATA DELIVERED BY ACUTRAQ HEREUNDERIMMEDIATELY PRECEDING 12 MONTHS, WHICHEVER IS LESS.

Indemnification and Limitation of Liability. Indemnification. Customer shall indemnifyVENDOR AGREES TO INDEMNIFY, defend and hold harmless ACUTRAQHOLD HARMLESS, AND DEFEND TIPS, TIPS MEMBERS, TIPS OFFICERS, TIPS EMPLOYEES, TIPS DIRECTORS, AND TIPS TRUSTEES (THE “TIPS INDEMNITEES”) FROM AND AGAINST ALL CLAIMS AND SUITS BY THIRD-PARTIES FOR DAMAGES, INJURIES TO PERSONS (INCLUDING DEATH), PROPERTY DAMAGES, LOSSES, EXPENSES, FEES, INCLUDING COURT COSTS, ATTORNEY’S FEES, AND EXPERT FEES, ARISING OUT OF OR RELATING TO VENDOR’S PERFORMANCE UNDER THIS AGREEMENT (INCLUDING THE PERFORMANCE OF VENDOR’S OFFICERS, EMPLOYEES, AGENTS, AUTHORIZED RESELLERS, SUBCONTRACTORS, LICENSEES, OR INVITEES), REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL, OR STATUTORY LAW OR BASED IN WHOLE OR IN PART UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS ON the part of Vendor, its data vendorsofficers, suppliersemployees, officers and employees from and against any and all lossagents, costAuthorized Resellers, expensesubcontractors, claimlicensees, or liability (including, but not limited to reasonable costs of litigation and attorneys' fees) arising invitees. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED TO BY TIPS. Apart from any claim or action brought by a third person that arises out of or is related to Customer’s use this indemnification provision requiring indemnification of the Services and its underlying dataTIPS Indemnitees’ attorney’s fees as set forth above, recovery of attorneys’ fees by the prevailing party is authorized only if authorized by Tex. Limitation of LiabilityEduc. ACUTRAQ AND ITS DATA PROVIDERS Code § 44.032(f). IN NO EVENT SHALL NOT VENDOR BE LIABLE TO CUSTOMERTIPS FOR ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT. EXCLUDING VENDOR’S INDEMNIFICATION OBLIGATIONS, THE TOTAL LIABILITY OF VENDOR TO TIPS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY THIRD PERSON OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT RECEIVED BY VENDOR from tips Members as payment for TIPS Sales HEREUNDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR INDIRECTTIPS agrees to indemnify and hold harmless and defend VENDOR, CONSEQUENTIALVENDORS’S AFFILIATES, EXEMPLARYofficers and employees from and against all claims and suits by third parties for damages, PUNITIVEinjuries to persons (including death), MULTIPLEproperty damages, INCIDENTALlosses, and expenses including court costs and reasonable attorney’s fees, arising out of, or resulting from, TIPS’s performance, ACTION, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATIONINACTION, DAMAGES FOR LOST REVENUESunder this Agreement, LOST PROFITSincluding all such causes of action based upon common, LOST SAVINGSconstitutional, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the TIPS OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATIONTIPS MEMBER(S), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER OF (i) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSEDits officers, OR ALLEGEDLY PROXIMATELY CAUSEDemployees, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT PURSUANT TO THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTagents, THE SERVICES OR THE UNDERLYING DATA DELIVERED BY ACUTRAQ HEREUNDERsubcontractors, licensees, or invitees.

Indemnification and Limitation of Liability. Indemnification. Customer shall indemnifya. Products and Support are not specifically designed, defend manufactured or intended as parts, components or assemblies for the planning, construction, maintenance, or direct operation of a nuclear facility and hold harmless ACUTRAQ, its data vendors, suppliers, officers and employees from and against HPE disclaims any and all liability for the use of HPE Products in a nuclear facility. You agree to indemnify and hold HPE harmless from all loss, costdamage, expense, claim, expense or liability (including, but not limited to reasonable costs of litigation and attorneys' fees) arising from any claim or action brought by a third person that arises out of or is related to Customer’s use of the Services and its underlying data. Limitation of Liability. ACUTRAQ AND ITS DATA PROVIDERS SHALL NOT BE LIABLE TO CUSTOMER, OR ANY THIRD PERSON TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER OF (i) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSED, OR ALLEGEDLY PROXIMATELY CAUSED, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES in connection with such use. b. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH AGREEMENT, AND TERMINATION OF EXCEPT FOR CLAIMS RELATING TO DAMAGES FOR BODILY INJURY, HPE’S MAXIMUM LIABILITY UNDER THIS AGREEMENT PURSUANT TO IS CDN $1,000,000 PER INCIDENT. IN NO EVENT WILL HPE BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES OR ECONOMIC LOSS (INCLUDING WITHOUT LIMITING THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS GENERALITY OF THE FOREGOING LOSS OF DATA, EXPENDITURES, INVESTMENTS, COMMITMENTS OR DAMAGES LOST PROFITS) ARISING OUT OF FROM ANY CLAIM OR RELATING IN ANY WAY ACTION UNDER OR DIRECTLY OR INDIRECTLY RELATED TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STATUTE OR OTHER LEGAL THEORY. WITHOUT LIMITING THE SERVICES GENERALITY OF THE FOREGOING NO ACTION BASED ON TORT, CONTRACT, STATUTE, WARRANTY OR DUTIES ARISING OUT OF, OR IN ANY WAY RELATED TO THIS AGREEMENT OR THAT EXIST OR MAY ARISE AS A RESULT OF THE UNDERLYING DATA DELIVERED RELATIONSHIP FORMED PURSUANT TO THIS AGREEMENT MAY BE BROUGHT, OTHER THAN AS PROVIDED HEREIN, AND THE PARTIES HERETO WAIVE IRREVOCABLY ANY RIGHT TO COMMENCE SUCH CLAIM, CAUSE OR ACTION. c. TO THE EXTENT ALLOWED BY ACUTRAQ HEREUNDERLOCAL LAW, THESE LIMITATIONS APPLY REGARDLESS OF THE BASIS OF LIABILITY, INCLUDING NEGLIGENCE, MISREPRESENTATION, BREACH OF ANY KIND, OR ANY OTHER CLAIMS IN CONTRACT, TORT OR OTHERWISE. d. You are solely responsible for your acts, omissions, obligations, representations, or misrepresentations in providing your services to Customers. You agree to defend, indemnify and hold us harmless against all claims, lawsuits, liabilities, losses, damages, costs and expenses (including reasonable attorney and expert witness fees), as a result of any claims by Customers, arising out of or in connection with your acts, omissions, obligations, representations, or misrepresentations in connection with your provision of services or services offerings; or reselling of HPE Products and Support to Customers.

Indemnification and Limitation of Liability. Indemnification. Customer shall indemnifySupplier will defend, defend indemnify and hold harmless ACUTRAQXxxxxxx and its employees, its data vendorsagents, suppliersrepresentatives, officers licensees, and employees assigns from and against any and all lossclaims, costliabilities, expenselosses, claim, or liability and damages (including, but not limited to including reasonable costs of litigation and attorneys' ’ fees) arising from any claim third-party claims or action actions brought against Xxxxxxx by a third person that arises out reason of Supplier’s breach of this Agreement, negligence, fraud, intentional misconduct, or is related to Customer’s use infringement of the Services and its underlying dataintellectual property rights. Limitation of Liability. ACUTRAQ AND IN NO EVENT SHALL XXXXXXX NOR ANY OF ITS DATA PROVIDERS SHALL NOT DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS BE LIABLE TO CUSTOMERLIABLE, UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY THIRD PERSON TO THE EXTENT PERMITTED UNDER APPLICABLE LAWINDIRECT, FOR INDIRECTINCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLESPECIAL OR EXEMPLARY DAMAGES, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES, LOST LOSS OF PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, INTERRUPTION OR LOSS OF BUSINESS INFORMATION), WHETHER FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF THE BASIS OF THE CLAIM EVEN IF SUCH PARTY XXXXXXX HAS BEEN APPRISED ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES OCCURRINGDAMAGES. ACUTRAQ’S MOREOVER, IN NO EVENT SHALL THE AGGREGATE LIABILITY HEREUNDER IS LIMITED OF XXXXXXX FOR ALL LOSSES, LIABILITIES, DAMAGES, CLAIMS, SUITS, CONTROVERSIES, BREACHES, COSTS AND/OR EXPENSES EXCEED THE FEES ACTUALLY PAID BY XXXXXXX TO LOWER OF (i) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSED, OR ALLEGEDLY PROXIMATELY CAUSED, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF SUPPLIER UNDER THIS AGREEMENT PURSUANT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE TIME THAT CLAIM(S) GIVING RISE TO THE TERMS HEREOF ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES OR THE UNDERLYING DATA DELIVERED BY ACUTRAQ HEREUNDERLIABILITY ARISES.

Indemnification and Limitation of Liability. Indemnification. Customer A. Reseller shall indemnify, defend indemnify and hold TransUnion harmless ACUTRAQ, its data vendors, suppliers, officers and employees from and against any and all lossclaims, costlosses and damages, expenseliability, claimand costs, including attorney’s fees, against, or incurred by, TransUnion to the extent such claims, damages, liability (including, but not limited to reasonable and costs of litigation and attorneys' fees) arising result directly or indirectly from any claim either or action brought by a third person that arises out of or is related to Customer’s use both of the Services following: (a) any misuse of Consumer Reports by Reseller; or (b) Reseller's breach of its obligations under this Agreement. Reseller recognizes that TransUnion will suffer irreparable harm, and its underlying data. Limitation that monetary damages may be incalculable and/or inadequate in the event that Reseller retains TransUnion data in breach of Liability. ACUTRAQ AND ITS DATA PROVIDERS this Agreement, and therefore, such breach shall be entitled to remedy by injunctive relief, in addition to any and all other relief which may be available at law or at equity. B. IN NO EVENT SHALL NOT TRANSUNION BE LIABLE TO CUSTOMERRESELLER IN ANY MANNER WHATSOEVER FOR ANY LOSS OR INJURY TO RESELLER ARISING UNDER THIS AGREEMENT. IN NO EVENT SHALL TRANSUNION’S AGGREGATE LIABILITY, IF ANY, TO RESELLER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE CHARGES INCURRED BY RESELLER UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE FIRST EVENT GIVING RISE TO ANY SUCH LIABILITY. MOREOVER, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES INCURRED BY THE OTHER PARTY AND ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF GOOD WILL AND LOST PROFITS OR REVENUE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. C. THE FOREGOING NOTWITHSTANDING, WITH RESPECT TO RESELLER, IN NO EVENT SHALL THE AFORESTATED LIMITATIONS OF LIABILITY, SET FORTH ABOVE IN PARAGRAPH B OF THIS SECTION III, APPLY TO DAMAGES INCURRED BY TRANSUNION AS A RESULT OF GOVERNMENTAL, REGULATORY OR JUDICIAL ACTION(S) PERTAINING TO VIOLATIONS OF THE FCRA, THE XXXXX-XXXXX-XXXXXX ACT, TITLE V, SUBTITLE A, FINANCIAL PRIVACY (15 U.S.C § 6801-6809) (“GLB ACT”), OTHER CONSUMER REPORTING LAWS, REGULATIONS, OR JUDICIAL ACTIONS, OR ANY THIRD PERSON COMBINATION OF THE FOREGOING, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. ACUTRAQ’S LIABILITY HEREUNDER IS LIMITED TO LOWER RESULT FROM RESELLER'S BREACH, DIRECTLY OR INDIRECTLY, OF (i) THE SUM OF FIVE HUNDRED DOLLARS ($500.00 US) PER REPORT DISTRIBUTED BY ACUTRAQ HEREUNDER THAT PROXIMATELY CAUSEDITS OBLIGATIONS UNDER THIS AGREEMENT. D. ADDITIONALLY, OR ALLEGEDLY PROXIMATELY CAUSED, THE COST OR DAMAGE ALLEGEDLY SUFFERED BY CUSTOMER OR (ii) AN AGGREGATE AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00 US). THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT PURSUANT NEITHER PARTY SHALL BE LIABLE TO THE TERMS HEREOF ARE CUSTOMER'S SOLE OTHER FOR ANY AND EXCLUSIVE REMEDIES FOR ALL CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO CONNECTION WITH THIS AGREEMENT, AGREEMENT BROUGHT MORE THAN TWO (2) YEARS AFTER THE SERVICES OR THE UNDERLYING DATA DELIVERED BY ACUTRAQ HEREUNDER.CAUSE OF ACTION HAS