Common use of LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS Clause in Contracts

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL NOT EXCEED THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES OF THE PARTIES FOR ANY CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICES.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, COVER, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS BUSINESS, OR LOSS OF PROFIT, PROFIT WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN HEREUNDER IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA COMCAST OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA COMCAST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) AFFILIATES FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE COMCAST EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA CLEAR RATE OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA CLEAR RATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE CLEAR RATE EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA MIVOICE ONE, LLC OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA MIVOICE ONE, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL NOT EXCEED THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA MIVOICE ONE FOR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES OF THE PARTIES FOR ANY CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICES.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA Xxxxxx Technology Services, Inc. OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA Xxxxxx Technology Services, Inc. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE Xxxxxx Technology Services, Inc. EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA ITech OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA ITech AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE ITech EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA COMCAST OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA COMCAST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE COMCAST EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA DocTech OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA DocTech AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE DocTech EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT- OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA MBCLLC OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA MBCLLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE MBCLLC EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY 6.1. IN NO EVENT WILL QNECTU BE LIABLE TO THE OTHER CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING KIND, INCLUDING, BUT NOT LIMITED TO TO, ANY LOSS OF REVENUE, LOSS OF USE, LOSS OF BUSINESS DATA, LOSS OF BUSINESS, LOSS OF GOOD WILL, LOSS OF REPUTATION, OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT CONNECTION WITH THIS AGREEMENT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR 'S USE OR THE PERFORMANCE OF THE SERVICES, WHETHER THE CLAIM FOR ANY EQUIPMENT SUCH DAMAGES IS BASED ON LAW, EQUITY, CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR SOFTWARE PROVIDED BY PHONEAMERICA OTHERWISE, AND WHETHER OR FOR EARLY TERMINATION CHARGESNOT THE RELEASED PARTY(IES) HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE CUMULATIVE LIABILITY OF PHONEAMERICA QNECTU AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) TO CUSTOMER AND ANY THIRD PARTY FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY OF THE SERVICES INCLUDINGSERVICES, SHALL THIS AGREEMENT, OR FROM ALL CAUSES OF ACTION AND BASED ON ANY THEORY OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE MONTHLY CHARGES, IF ANY, WHICH FEES PAID BY CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR QNECTU DURING THE SERVICESSIXTY (60) CALENDAR DAY PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES OF THE PARTIES FOR ANY CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA CHOICE 1 COMMUNICATIONS, INC OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA CHOICE 1 COMMUNICATIONS, INC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE CHOICE 1 COMMUNICATIONS, INC EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT- OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA TMG OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA TMG AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE TMG EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA TotalCareIT OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA TotalCareIT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE TotalCareIT EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA Emcom OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA Emcom AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE Emcom EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA SimpleCom OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA SimpleCom AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE SimpleCom EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA Vista BizTel OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA Vista BizTel AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE Vista BizTel EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA APX Net OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA APX Net AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE APX Net EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF- SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA PAXIS OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA PAXIS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE PAXIS EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA NXTPulse OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA NXTPulse AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE NXTPulse EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORTTORY, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA ALL-MODE OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA ALL-MODE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES INSTALLATION OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICES OR THE ALL-MODE EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA The Phone NutZ LLC OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA The Phone NutZ LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE The Phone NutZ LLC EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA VPC OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA VPC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE VPC EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT­ OF­SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; WARNINGS. 6.1 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY PHONEAMERICA CCCS OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF PHONEAMERICA CCCS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, SHALL BUT NOT EXCEED LIMITED TO, DELAY IN THE MONTHLY CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY PAID TO PHONEAMERICA FOR INSTALLATION OF SERVICES OR THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE REMEDIES SET FORTH IN ARTICLES 6 AND 7 ARE THE EXCLUSIVE REMEDIES PERFORMANCE OR NONPERFORMANCE OF THE PARTIES FOR ANY CLAIM ARISING SERVICES OR THE CCCS EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER OR RELATING TO THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICESARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.