Common use of Limitation of Damages Clause in Contracts

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED IN NO EVENT SHALL RICOH, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUBCONTRACTOR OR LICENSOR, OR ANY OF ITS OR THEIR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPOYEES OR AGENTS, BE LIABLE TO SUBSCRIBER UNDER THIS AGREEMENT THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEOTHERWISE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVEOR PUNITIVE DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, EXEMPLARY WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OR INDIRECT DAMAGESDESTRUCTION OF DATA, LOST ANTICIPATED PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGESLOST BUSINESS, LOSS OR CORRUPTION OF SUBSCRIBER DATA, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT SERVICES, OR DOWNTIME COSTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN ADDITION, TO THE EXTENT PERMITTED BY STATUTELAW, IN TORT OR NO EVENT SHALL RICOH BE LIABLE TO SUBSCRIBER FOR DAMAGES IN EXCESS OF THE FEES RECEIVED UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH A CLAIM FOR DAMAGES AROSE. THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDEDBREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND SUBJECT TO THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVEOTHER TORTS.

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 6 7 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.

Limitation of Damages. EXCEPT NEITHER ORPHAN MEDICAL NOR CELLTECH SHALL HAVE ANY LIABILITY OF ANY KIND TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF ORPHAN MEDICAL OR CELLTECH, AS OTHERWISE THE CASE MAY BE, SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE BY THE OTHER PARTY. FOR PURPOSES OF THE LIMITATION OF LIABILITY IN THE IMMEDIATELY PRECEDING SENTENCE, (i) LEGAL FEES AND EXPENSES THAT ARE RECOVERABLE AS PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY ARTICLE IX SHALL NOT BE CONSIDERED INDIRECT DAMAGES, (ii) INDIRECT DAMAGES PAYABLE BY AN INDEMNIFIED PARTY TO A THIRD PARTY THAT WOULD BE RECOVERABLE UNDER THE INDEMNITY PROVISIONS IN ARTICLE IX BUT FOR SUCH LIMITATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE RECOVERABLE NOTWITHSTANDING SAID LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, (III) LOST PROFITS SHALL NOT BE DEEMED TO BE SPECIAL, INCIDENTAL OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, CONSEQUENTIAL DAMAGES EXCEPT IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO RESPECT OF FUTURE PERIODS FOLLOWING A TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVETERMS HEREOF.

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY EVENT SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER EITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIALCOSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, INTERRUPTION OF BUSINESS OR ANY SPECIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY EXEMPLARY, OR INDIRECT CONSEQUENTIAL DAMAGES, LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR EXCLUSION OF DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTESUCH PROVISION. FURTHER, IN TORT OR CONTRACTTHE EVENT THAT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, ALL LIMITATIONS OF LIABILITY AND SUBJECT TO THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE EXCLUSIONS OF DAMAGES BE WITHOUT REGARD TO SHALL REMAIN IN EFFECT. THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE LIABILITY OF ANY EACH PARTY, WHETHER SUCH NEGLIGENCE BE SOLERESPECTIVELY, JOINT IN ANY SINGLE EVENT OR CONCURRENTIN THE AGGREGATE, OR ACTIVE OR PASSIVESHALL NOT EXCEED U.S. $1,000,000.

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 6 11 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.

Limitation of Damages. EXCEPT NEITHER JAZZ PHARMACEUTICALS NOR UCB SHALL HAVE ANY LIABILITY OF ANY KIND TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF JAZZ PHARMACEUTICALS OR UCB, AS OTHERWISE THE CASE MAY BE, SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE BY THE OTHER PARTY. FOR PURPOSES OF THE LIMITATION OF LIABILITY IN THE IMMEDIATELY PRECEDING SENTENCE, (i) LEGAL FEES AND EXPENSES THAT ARE RECOVERABLE AS PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY ARTICLE IX SHALL NOT BE CONSIDERED INDIRECT DAMAGES, (ii) INDIRECT DAMAGES PAYABLE BY AN INDEMNIFIED PARTY TO A THIRD PARTY THAT WOULD BE RECOVERABLE UNDER THE INDEMNITY PROVISIONS IN ARTICLE IX BUT FOR SUCH LIMITATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED RECOVERABLE NOTWITHSTANDING SAID LIMITATION OF LIABILITY AND (III) [ * ] SHALL NOT BE DEEMED TO DIRECT ACTUAL BE SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ONLYEXCEPT IN RESPECT OF [ * ] IN ACCORDANCE WITH THE TERMS HEREOF. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, SUCH DIRECT ACTUAL DAMAGES SHALL BE MARKET BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SOLE SECURITIES AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT EXCHANGE COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT RULE 406 OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE SECURITIES ACT OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO1933, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVEAS AMENDED.

Limitation of Damages. EXCEPT AS Except as OTHERWISE PROVIDED IN provided in THIS AGREEMENT THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED a. IN THIS AGREEMENT THERE IS NO WARRANTY EVENT WILL A PARTY, OR AN EXCHANGE TECHNOLOGY PROVIDER IN THE CASE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSECRISP, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIALANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE OF PARTICIPANT’S SYSTEM OR LOSS OF DATA OR PROFITS OR OTHER FOR BUSINESS INTERRUPTION DAMAGESINTERRUPTION, BY STATUTEOR FOR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, IN TORT PERFORMANCE OR OPERATION OF THE HIE, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, UNDER ANY INDEMNITY PROVISION WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. b. A PARTY’S, OR AN EXCHANGE TECHNOLOGY PROVIDER’S IN THE CASE OF CRISP, TOTAL CUMULATIVE LIABILITY TO THE OTHER PARTY FROM ALL CAUSES OF ACTION AND ON ALL THEORIES OF LIABILITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE PARTICIPANT FEES PAID AND TO BE PAID TO CRISP BY PARTICIPANT UNDER THIS AGREEMENT DURING THE INITIAL TWO YEAR TERM OF THIS AGREEMENT AND DURING ANY RENEWAL TERM; PROVIDED THAT THE FOREGOING SHALL NOT BE DEEMED TO EXTEND ANY APPLICABLE STATUTE OR LIMIT OR MODIFY THE PROVISIONS OF SECTION 6 12.02 or 17 (INDEMNITYa). c. Notwithstanding anything to the contrary herein, IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETOthe limitations of liability in this Section 17 shall not apply to any claims, INCLUDING THE NEGLIGENCE OF ANY PARTYsuits, WHETHER SUCH NEGLIGENCE BE SOLEliabilities or damages arising out of or relating to any of the following: (i) a party’s grossly negligent or willful breach of this Agreement or of the Business Associate Agreement attached hereto as Exhibit F; (ii) personal injury (including death) or property damage caused by a party or its employees or agents, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVEor (iii) a party’s grossly negligent or willful misconduct.

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE IS NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE PARTIES HERETO AGREE THAT NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY HERETO SHALL BE LIABLE TO ANY OTHER PARTY HERETO FOR CONSEQUENTIALANY SPECIAL, INCIDENTALCONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, WHETHER IN TORT OR CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL OR EQUITABLE PRINCIPLES; PROVIDED THAT, THE FOREGOING PROVISION SHALL NOT LIMIT OR RELIEVE ANY PARTY HERETO OF ANY OBLIGATION UNDER THIS AGREEMENT TO INDEMNIFY ANY INDEMNITY PROVISION OTHER PARTY HERETO AGAINST (X) ANY DAMAGES IMPOSED UPON SUCH PARTY BY ANY THIRD PARTY CLAIM OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDEDORDER, DECREE OR ACTION OF ANY REGULATORY OR ADMINISTRATIVE BODY, OR (Y) WITH RESPECT TO ANY LOSSES SUSTAINED OR EXPENSES INCURRED BY OR ON BEHALF OF THE TRUST (IT BEING UNDERSTOOD THAT TRUST LOSSES CAUSED BY THE SERVICER'S FAILURE TO PERFORM ITS DUTIES SHALL NOT BE CONSIDERED "CONSEQUENTIAL" OR "SPECIAL" DAMAGES FOR PURPOSES OF THE LIMITATION PROVIDED ABOVE, AND SUBJECT TO SHALL BE COVERED BY THE PROVISIONS OF SECTION 6 (INDEMNITYINDEMNIFICATION PROVIDED HEREIN), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.. [SIGNATURE PAGE FOLLOWS]

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE NO EVENT SHALL AOI BE LIABLE TO CUSTOMER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SPECIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, PROFITS, OR DOWN-TIME (HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER THE BASIS OF LIABILITY IS NO WARRANTY BREACH OF MERCHANTABILITY CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER LEGAL THEORY), EVEN IF AOI HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. AOI’S TOTAL LIABLITY TO CUSTOMER, FROM ALL CAUSES OF ACTION AND ANY AND UNDER ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL THEORIES OF LIABILITY, WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES THE AMOUNTS PAID TO AOI BY CUSTOMER. THESE LIMITATIONS SHALL BE APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE REMEDIES UNDER THIS LIMITED WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES REMEDIES. SOME STATES DO NOT ALLOW THE EXCLUSION OR DAMAGES AT LAW LIMITATION OF INCIDENTAL OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT CONSEQUENTIAL DAMAGES, LOST PROFITS SO THE ABOVE LIMITATION OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT EXCLUSION MAY NOT APPLY TO THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVEYOU.

Limitation of Damages. EXCEPT AS OTHERWISE 16.1 FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY AGREEMENT, SUCH EXPRESS REMEDY OR MEASURE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEDAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY HEREUNDER, AND ANY THE OBLIGOR'S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL IMPLIED WARRANTIES OTHER REMEDIES OR DAMAGES ARE DISCLAIMEDWAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR'S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, EXCLUDING LOST PROFITS, AND SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY HEREUNDER, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR ARE WAIVED. IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER NO EVENT SHALL EITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY UNDER ANY PROVISION OF THIS AGREEMENT FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY EXEMPLARY, OR INDIRECT DAMAGESDAMAGES IN TORT, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDEDTO THE EXTENT ANY PAYMENT REQUIRED TO BE MADE PURSUANT TO ANY PROVISION OF THIS AGREEMENT IS AGREED BY THE PARTIES TO CONSTITUTE LIQUIDATED DAMAGES, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, AND SUBJECT TO THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT THAT SUCH PAYMENT CONSTITUTES A REASONABLE APPROXIMATION OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE AMOUNT OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVEDAMAGES.

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE NO EVENT SHALL AOI BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SPECIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, PROFITS, OR DOWN-TIME (HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER THE BASIS OF LIABILITY IS NO WARRANTY BREACH OF MERCHANTABILITY CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER LEGAL THEORY), EVEN IF AOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AOI’S TOTAL LIABILITY TO CUSTOMER, FROM ALL CAUSES OF ACTION AND ANY AND UNDER ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL THEORIES OF LIABILITY, WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES THE VALUE OF THE PRODUCTS LISTED IN THE REQUEST. THESE LIMITATIONS SHALL BE APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE REMEDIES UNDER THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES REMEDIES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIALEXCLUSIONS OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, INCIDENTAL, PUNITIVE, EXEMPLARY SO THESE LIMITATIONS OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT EXCLUSIONS MAY NOT APPLY TO THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVEYOU.

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED a. IN THIS AGREEMENT THERE IS NO WARRANTY EVENT WILL A PARTY, EXTERNAL HIE, OR AN EXCHANGE TECHNOLOGY PROVIDER OR LICENSED TECHNOLOGY PROVIDER IN THE CASE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSECRISP, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIALANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE OF PARTICIPANT’S SYSTEM OR LOSS OF DATA OR PROFITS OR OTHER FOR BUSINESS INTERRUPTION DAMAGESINTERRUPTION, BY STATUTEOR FOR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, IN TORT PERFORMANCE OR OPERATION OF THE HIE OR CRISP SERVICES, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, UNDER ANY INDEMNITY PROVISION WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT WHETHER OR NOT A PARTY HAS LICENSED TECHNOLOGY PROVIDER’S IN THE CASE OF CRISP, TOTAL CUMULATIVE LIABILITY TO THE OTHER PARTY FROM ALL CAUSES OF ACTION AND ON ALL THEORIES OF LIABILITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE PARTICIPANT FEES PAID AND TO BE PAID TO CRISP BY PARTICIPANT UNDER THIS AGREEMENT DURING THE INITIAL TWO YEAR TERM OF THIS AGREEMENT AND DURING ANY RENEWAL TERM FOR THE HIE OR FOR CRISP, DEPENDING ON WHICH OF THE HIE OR CRISP SERVICES IS THE BASIS FOR THE CAUSE OF ACTION OR OTHER THEORY OF LIABILITY; PROVIDED THAT THE FOREGOING SHALL NOT BE DEEMED TO EXTEND ANY APPLICABLE STATUTE OR LIMIT OR MODIFY THE PROVISIONS OF SECTION 6 (INDEMNITY14.02 or 19(a), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE IS NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE PARTIES HERETO AGREE THAT NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY HERETO SHALL BE LIABLE TO ANY OTHER PARTY HERETO FOR CONSEQUENTIALANY SPECIAL, INCIDENTALCONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, WHETHER IN TORT OR CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL OR EQUITABLE PRINCIPLES; PROVIDED THAT, THE FOREGOING PROVISION SHALL NOT LIMIT OR RELIEVE ANY PARTY HERETO OF ANY OBLIGATION UNDER THIS AGREEMENT TO INDEMNIFY ANY INDEMNITY PROVISION OTHER PARTY HERETO AGAINST (X) ANY DAMAGES IMPOSED UPON SUCH PARTY BY ANY THIRD PARTY CLAIM OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDEDORDER, DECREE OR ACTION OF ANY REGULATORY OR ADMINISTRATIVE BODY, OR (Y) WITH RESPECT TO ANY LOSSES SUSTAINED OR EXPENSES INCURRED BY OR ON BEHALF OF THE TRUST (IT BEING UNDERSTOOD THAT TRUST LOSSES CAUSED BY THE SERVICER'S FAILURE TO PERFORM ITS DUTIES SHALL NOT BE CONSIDERED "CONSEQUENTIAL" OR "SPECIAL" DAMAGES FOR PURPOSES OF THE LIMITATION PROVIDED ABOVE, AND SUBJECT TO SHALL BE COVERED BY THE PROVISIONS OF SECTION 6 (INDEMNITYINDEMNIFICATION PROVIDED HEREIN), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.. * * * * * * * 123

Limitation of Damages. EXCEPT AS OTHERWISE 14.1 FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY AGREEMENT, SUCH EXPRESS REMEDY OR MEASURE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEDAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY HEREUNDER, AND ANY THE OBLIGOR'S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL IMPLIED WARRANTIES OTHER REMEDIES OR DAMAGES ARE DISCLAIMEDWAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR'S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, EXCLUDING LOST PROFITS, AND SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY HEREUNDER, AND ALL OTHER REMEDIES OR DAMAGES AT LAW ARE WAIVED. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY UNDER ANY PROVISION OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ANY INDEMNITY PROVISION HEREOF) FOR PUNITIVE OR EXEMPLARY DAMAGES IN EQUITY ARE WAIVED UNLESS TORT OR CONTRACT. EXCEPT AS EXPRESSLY HEREIN PROVIDED. PROVIDED HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY UNDER ANY PROVISION OF THIS AGREEMENT FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVEOR INDIRECT DAMAGES. THE PRECEDING SENTENCE SHALL NOT BE CONSTRUED AS LIMITING THE OBLIGATION OF EITHER PARTY HEREUNDER TO INDEMNIFY THE OTHER PARTY AGAINST CLAIMS ASSERTED BY THIRD PARTIES, EXEMPLARY INCLUDING, BUT NOT LIMITED TO, THIRD PARTY CLAIMS FOR CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION BUT EXCLUDING CLAIMS FOR SUCH DAMAGES UNDER ARTICLE IX. TO THE EXTENT ANY PAYMENT REQUIRED TO BE MADE PURSUANT TO ANY PROVISION OF THIS AGREEMENT IS AGREED BY THE PARTIES TO CONSTITUTE LIQUIDATED DAMAGES, BY STATUTE, IN TORT THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDEDIMPOSSIBLE TO DETERMINE, AND SUBJECT TO THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT THAT SUCH PAYMENT CONSTITUTES A REASONABLE APPROXIMATION OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE AMOUNT OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVEDAMAGES.

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE IS NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE PARTIES HERETO AGREE THAT NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY HERETO SHALL BE LIABLE TO ANY OTHER PARTY HERETO FOR CONSEQUENTIALANY SPECIAL, INCIDENTALCONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, WHETHER IN TORT OR CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL OR EQUITABLE PRINCIPLES; PROVIDED THAT, THE FOREGOING PROVISION SHALL NOT LIMIT OR RELIEVE ANY PARTY HERETO OF ANY OBLIGATION UNDER THIS AGREEMENT TO INDEMNIFY ANY INDEMNITY PROVISION OTHER PARTY HERETO AGAINST (X) ANY DAMAGES IMPOSED UPON SUCH PARTY BY ANY THIRD PARTY CLAIM OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDEDORDER, DECREE OR ACTION OF ANY REGULATORY OR ADMINISTRATIVE BODY, OR (Y) WITH RESPECT TO ANY LOSSES SUSTAINED OR EXPENSES INCURRED BY OR ON BEHALF OF THE TRUST (IT BEING UNDERSTOOD THAT TRUST LOSSES CAUSED BY THE SERVICER'S FAILURE TO PERFORM ITS DUTIES SHALL NOT BE CONSIDERED "CONSEQUENTIAL" OR "SPECIAL" DAMAGES FOR PURPOSES OF THE LIMITATION PROVIDED ABOVE, AND SUBJECT TO SHALL BE COVERED BY THE PROVISIONS OF SECTION 6 (INDEMNITYINDEMNIFICATION PROVIDED HEREIN), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.. * * * * * * * 115

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE IS NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE PARTIES HERETO AGREE THAT NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY HERETO SHALL BE LIABLE TO ANY OTHER PARTY HERETO FOR CONSEQUENTIALANY SPECIAL, INCIDENTALCONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, WHETHER IN TORT OR CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL OR EQUITABLE PRINCIPLES; PROVIDED THAT, THE FOREGOING PROVISION SHALL NOT LIMIT OR RELIEVE ANY PARTY HERETO OF ANY OBLIGATION UNDER THIS AGREEMENT TO INDEMNIFY ANY INDEMNITY PROVISION OTHER PARTY HERETO AGAINST (X) ANY DAMAGES IMPOSED UPON SUCH PARTY BY ANY THIRD PARTY CLAIM OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDEDORDER, DECREE OR ACTION OF ANY REGULATORY OR ADMINISTRATIVE BODY, OR (Y) WITH RESPECT TO ANY LOSSES SUSTAINED OR EXPENSES INCURRED BY OR ON BEHALF OF THE TRUST (IT BEING UNDERSTOOD THAT TRUST LOSSES CAUSED BY THE SERVICER'S FAILURE TO PERFORM ITS DUTIES SHALL NOT BE CONSIDERED "CONSEQUENTIAL" OR "SPECIAL" DAMAGES FOR PURPOSES OF THE LIMITATION PROVIDED ABOVE, AND SUBJECT TO SHALL BE COVERED BY THE PROVISIONS OF SECTION 6 (INDEMNITYINDEMNIFICATION PROVIDED HEREIN), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.. * * * * * * * [Signature Page to the Pooling and Servicing Agreement]

Limitation of Damages. EXCEPT FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE DAMAGE REMEDY. A PARTY’S LIABILITY HEREUNDER SHALL BE LIMITED AS OTHERWISE SET FORTH IN SUCH PROVISION. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR HEREIN, A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. PARTY’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES (WHICH SHALL INCLUDE COSTS OF COVER) ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION CONTRACT OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES SHALL BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE IS SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. THIS SECTION SHALL NOT AFFECT THE RIGHTS OF EITHER PARTY TO SEEK SPECIFIC PERFORMANCE OR OTHER EQUITABLE RELIEF.

Limitation of Damages. ‌ EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AGREEMENT, THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, AND SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY EXEMPLARY, OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 6 7 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS.

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE IS NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE PARTIES HERETO AGREE THAT NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY HERETO SHALL BE LIABLE TO ANY OTHER PARTY HERETO FOR CONSEQUENTIALANY SPECIAL, INCIDENTALCONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, WHETHER IN TORT OR CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL OR EQUITABLE PRINCIPLES; PROVIDED THAT, THE FOREGOING PROVISION SHALL NOT LIMIT OR RELIEVE ANY PARTY HERETO OF ANY OBLIGATION UNDER THIS AGREEMENT TO INDEMNIFY ANY INDEMNITY PROVISION OTHER PARTY HERETO AGAINST (X) ANY DAMAGES IMPOSED UPON SUCH PARTY BY ANY THIRD PARTY CLAIM OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDEDORDER, DECREE OR ACTION OF ANY REGULATORY OR ADMINISTRATIVE BODY, OR (Y) WITH RESPECT TO ANY LOSSES SUSTAINED OR EXPENSES INCURRED BY OR ON BEHALF OF THE TRUST (IT BEING UNDERSTOOD THAT TRUST LOSSES CAUSED BY THE SERVICER'S FAILURE TO PERFORM ITS DUTIES SHALL NOT BE CONSIDERED "CONSEQUENTIAL" OR "SPECIAL" DAMAGES FOR PURPOSES OF THE LIMITATION PROVIDED ABOVE, AND SUBJECT TO SHALL BE COVERED BY THE PROVISIONS OF SECTION 6 (INDEMNITYINDEMNIFICATION PROVIDED HEREIN), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.. * * * * * * * 130

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED a. IN THIS AGREEMENT THERE IS NO WARRANTY EVENT WILL A PARTY, OR AN EXCHANGE TECHNOLOGY PROVIDER IN THE CASE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSECRISP, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIALANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE OF PARTICIPANT’S SYSTEM OR LOSS OF DATA OR PROFITS OR OTHER FOR BUSINESS INTERRUPTION DAMAGESINTERRUPTION, BY STATUTEOR FOR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, IN TORT PERFORMANCE OR OPERATION OF THE HIE, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, UNDER ANY INDEMNITY PROVISION WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. b. A PARTY’S, OR AN EXCHANGE TECHNOLOGY PROVIDER’S IN THE CASE OF CRISP, TOTAL CUMULATIVE LIABILITY TO THE OTHER PARTY FROM ALL CAUSES OF ACTION AND ON ALL THEORIES OF LIABILITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE PARTICIPANT FEES PAID AND TO BE PAID TO CRISP BY PARTICIPANT UNDER THIS AGREEMENT DURING THE INITIAL TWO YEAR TERM OF THIS AGREEMENT AND DURING ANY RENEWAL TERM; PROVIDED THAT THE FOREGOING SHALL NOT BE DEEMED TO EXTEND ANY APPLICABLE STATUTE OR LIMIT OR MODIFY THE PROVISIONS OF SECTION 6 12.02 or 17 (INDEMNITYa). c. Notwithstanding anything to the contrary herein, IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETOthe limitations of liability in this Section 17 shall not apply to any claims, INCLUDING THE NEGLIGENCE OF ANY PARTYsuits, WHETHER SUCH NEGLIGENCE BE SOLEliabilities or damages arising out of or relating to any of the following: (i) a party’s grossly negligent or willful breach of this Agreement or of the Business Associate Agreement attached hereto as Exhibit C; (ii) personal injury (including death) or property damage caused by a party or its employees or agents, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVEor (iii) a party’s grossly negligent or willful misconduct.

Limitation of Damages. EXCEPT NEITHER ORPHAN MEDICAL NOR CELLTECH SHALL HAVE ANY LIABILITY OF ANY KIND TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF ORPHAN MEDICAL OR CELLTECH, AS OTHERWISE THE CASE MAY BE, SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE BY THE OTHER PARTY. FOR PURPOSES OF THE LIMITATION OF LIABILITY IN THE IMMEDIATELY PRECEDING SENTENCE, (i) LEGAL FEES AND EXPENSES THAT ARE RECOVERABLE AS PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY ARTICLE IX SHALL NOT BE CONSIDERED INDIRECT DAMAGES, (ii) INDIRECT DAMAGES PAYABLE BY AN INDEMNIFIED PARTY TO A THIRD PARTY THAT WOULD BE RECOVERABLE UNDER THE INDEMNITY PROVISIONS IN ARTICLE IX BUT FOR SUCH LIMITATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE RECOVERABLE NOTWITHSTANDING SAID LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, (iii) LOST PROFITS SHALL NOT BE DEEMED TO BE SPECIAL, INCIDENTAL OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, CONSEQUENTIAL DAMAGES EXCEPT IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO RESPECT OF FUTURE PERIODS FOLLOWING A TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVETERMS HEREOF.

Limitation of Damages. EXCEPT AS OTHERWISE FOR BREACH OF ANY PROVISION OF THIS CONFIRMATION AGREEMENT FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, THE EXPRESS REMEDY OR MEASURE OF DAMAGES PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT AND THE AGREEMENT FOR THE BREACH, LIABILITY FOR THE BREACH IS LIMITED AS SET FORTH IN THE PROVISION AND ALL OTHER REMEDIES OR FOR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDEDWAIVED. IF NO EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED IN THIS AGREEMENT FOR A PARTICULAR BREACH, LIABILITY FOR THE BREACH IS LIMITED TO DIRECT DAMAGES ONLY, THE DIRECT DAMAGES ARE THE SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT FOR THE BREACH, AND ALL OTHER REMEDIES FOR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. NEITHER PARTY SHALL BE IS LIABLE FOR CONSEQUENTIALANY OTHER TYPE OF DAMAGE, INCLUDING INCIDENTAL, PUNITIVE, EXEMPLARY EXEMPLARY, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGESDAMAGES OF ANY NATURE (INCLUDING DAMAGES ASSOCIATED WITH LOST PROFITS, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGESAND LOSS OF GOODWILL) ARISING AT ANY TIME, BY STATUTE, WHETHER IN TORT (INCLUDING THE SOLE OR CONTRACTCONTRIBUTORY NEGLIGENCE OF EITHER PARTY OR ANY RELATED PERSON), WARRANTY, STRICT LIABILITY, CONTRACT OR STATUTE, UNDER ANY INDEMNITY PROVISION PROVISION, OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.

Limitation of Damages. EXCEPT AS OTHERWISE SPECIFIED IN ANY CONFIRMATION, FOR BREACH OF ANY PROVISION OF THIS CONFIRMATION AGREEMENT FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, THE EXPRESS REMEDY OR MEASURE OF DAMAGES PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT AND LIABILITY FOR THE BREACH IS LIMITED AS SET FORTH IN THE PROVISION AND ALL OTHER REMEDIES OR FOR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDEDWAIVED. EXCEPT AS OTHERWISE SPECIFIED IN ANY CONFIRMATION, IF NO EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED IN THIS AGREEMENT FOR A PARTICULAR BREACH, LIABILITY FOR THE BREACH IS LIMITED TO DIRECT DAMAGES ONLY, THE DIRECT DAMAGES ARE THE SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT FOR THE BREACH, AND ALL OTHER REMEDIES FOR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. EXCEPT AS OTHERWISE SPECIFIED IN ANY CONFIRMATION, NEITHER PARTY SHALL BE IS LIABLE FOR CONSEQUENTIALANY OTHER TYPE OF DAMAGE, INCLUDING INCIDENTAL, PUNITIVE, EXEMPLARY EXEMPLARY, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGESDAMAGES OF ANY NATURE (INCLUDING DAMAGES ASSOCIATED WITH LOST PROFITS, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGESAND LOSS OF GOODWILL) ARISING AT ANY TIME, BY STATUTE, WHETHER IN TORT (INCLUDING THE SOLE OR CONTRACTCONTRIBUTORY NEGLIGENCE OF EITHER PARTY OR ANY RELATED PERSON), WARRANTY, STRICT LIABILITY, CONTRACT OR STATUTE, UNDER ANY INDEMNITY PROVISION PROVISION, OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.”

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY WARRANTV OF MERCHANTABILITY MERCHANTABILlTV OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY LlABlLlTV SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLYONL Y, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW LA W OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.

Limitation of Damages. EXCEPT AS OTHERWISE PROVIDED IN (a) NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE LIABILITY OF THE BUYER UNDER THIS AGREEMENT THERE IS FOR ANY BREACH, DEFAULT, OR EVENT OF DEFAULT UNDER THIS AGREEMENT SHALL BE STRICTLY LIMITED TO SUCH ACTUAL AND INCIDENTAL DAMAGES AS WERE DIRECTLY INCURRED BY THE SELLER BY REASON OF SUCH BREACH, DEFAULT OR EVENT OF DEFAULT. IN NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEEVENT SHALL THE BUYER EVER BE LIABLE, NOR SHALL THE SELLER EVER RECOVER, AND HEREBY WAIVES, ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER DAMAGES FOR LOST BUSINESS INTERRUPTION DAMAGESOPPORTUNITY). (b) NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE LIABILITY OF THE SELLER UNDER THIS AGREEMENT FOR ANY BREACH, DEFAULT, OR EVENT OF DEFAULT UNDER THIS AGREEMENT SHALL BE STRICTLY LIMITED TO SUCH ACTUAL AND INCIDENTAL DAMAGES AS WERE DIRECTLY INCURRED BY STATUTETHE BUYER BY REASON OF SUCH BREACH, DEFAULT OR EVENT OF DEFAULT. IN TORT OR CONTRACTNO EVENT SHALL THE SELLER EVER BE LIABLE, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDEDNOR SHALL THE SELLER EVER RECOVER, AND SUBJECT HEREBY WAIVES, ANY CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO THE PROVISIONS OF SECTION 6 (INDEMNITYLOST PROFITS OR DAMAGES FOR LOST BUSINESS OPPORTUNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.. ARTICLE SIX

Limitation of Damages. EXCEPT FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE DAMAGE REMEDY. A PARTY'S LIABILITY HEREUNDER SHALL BE LIMITED AS OTHERWISE SET FORTH IN SUCH PROVISION. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR HEREIN, A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. PARTY'S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION CONTRACT OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 6 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES SHALL BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE IS SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. THIS SECTION SHALL NOT AFFECT THE RIGHTS OF EITHER PARTY TO SEEK SPECIFIC PERFORMANCE OR OTHER EQUITABLE RELIEF.