Common use of Remedies and Limitations Clause in Contracts

Remedies and Limitations. 18.1 If any Product fails to conform to the warranty specified in Article 16 during the applicable Warranty Period, Corvis will promptly repair or replace, at its option and expense, all such defective or nonconforming Product within ten (10) business days of receipt of the Product. If Corvis cannot repair or replace such Product, it will provide a refund or credit for the original purchase price or license fee paid by Customer for such Product. If Corvis fails to perform any Services in accordance with Article 16 and Customer notifies Corvis of such failure within twelve (12) months of the date on which Customer accepts such Services, Corvis, at its option, either will correct the defective or non-conforming Services or render a full or pro-rated (based on the portion of the Services that are defective or non-conforming) refund or credit based on the original charges for the Services. No Product will be accepted for repair or replacement without the written authorization of and in accordance with reasonable instructions of Corvis. Removal and reinstallation expenses as well as transportation expenses associated with returning such Product to Corvis for readily returnable Products (e.g., plug-in items) will be borne by Customer. Corvis will pay the costs of transportation of any repaired or replaced Product to the destination designated by Customer. In repairing or replacing any Equipment or Software medium under this warranty, Corvis may use either new Products or parts or remanufactured, reconditioned or refurbished Products or parts if in like-new condition or functionally equivalent to new Products or parts. Replaced Products or parts will be retained by Corvis and become Corvis' property. Replacement Products or parts become the property of Customer. 18.2 In the event Customer returns Products for repair that are not defective, Corvis may require that Customer pay with respect to any subsequently returned Products which prove not to be defective a fee which reflects Corvis' cost of handling, inspecting and testing and, if applicable, travel and related expenses by Corvis' employees. 18.3 The parties acknowledge that disclosure of any Proprietary Information other than as allowed by Article 12 or Article 15 may give rise to irreparable injury and may be inadequately compensable in monetary damages and therefore the affected party will be entitled to seek injunctive or other equitable relief against the breach or threatened breach of the obligations of said Article 12 or Article 15, in addition to any other remedies which may be available. 18.4 The remedies available to either party under this Agreement are cumulative. The exercise of any one remedy will not be deemed an election of such remedy to the exclusion of other remedies; and the rights and remedies of the parties as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity. 18.5 EXCEPT FOR CORVIS' INDEMNITY OBLIGATIONS SET FORTH IN ARTICLES 21 AND 22, ANYTHING IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, (I) THE MAXIMUM AGGREGATE AMOUNT THAT CUSTOMER WILL BE PERMITTED TO RECOVER BECAUSE OF A DEFECTIVE PRODUCT OR DEFICIENT SERVICE WILL NOT EXCEED THE PRICE OF SUCH PRODUCT OR SERVICE INVOICED TO CUSTOMER, AND (II) CORVIS' LIABILITY TO CUSTOMER UNDER THIS AGREEMENT OR IN CONNECTION WITH ANY MATTERS OTHER THAN THOSE COVERED BY CLAUSE (I) HEREOF WILL NOT EXCEED IN THE AGGREGATE THE PRICE PAID TO CORVIS UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. 18.6 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY OR ITS AFFILIATES, OR THEIR DIRECTORS, EMPLOYEES AND AGENTS WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES OR SAVINGS ARISING OUT OF THIS AGREEMENT, OR THE USE OR PERFORMANCE OF ANY PRODUCT OR SERVICES, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNITY OR STRICT LIABILITY. THIS PARAGRAPH WILL SURVIVE FAILURE OF AN EXCLUSIVE OR LIMITED REMEDY.

Remedies and Limitations. 18.1 If If, under normal and proper use (i.e., as approved by Corvis or as provided in the applicable Technical Requirements) any Product fails to conform to the warranty specified in Article 16 during the applicable Warranty Period, Corvis will promptly repair or replace, at its option and expense, all such defective or nonconforming Product within ten (10) business days of receipt of the Productso as to cause it to satisfy, and perform in accordance with, its applicable Technical Requirements. If Corvis cannot repair or replace such Product, it will provide a refund or credit for the original purchase price or license fee paid by Customer for such Product. If Corvis fails Corvis' installation services prove not to perform any Services in accordance with Article 16 and Customer notifies Corvis be performed as warranted, within a six (6) month period commencing on the date of such failure within twelve (12) months Acceptance of the date on which Customer accepts such Services, Corvis, at its option, either will correct the defective defect or non-conforming Services or render a full or pro-pro- rated (based on the portion of the Services that are defective or non-conforming) refund or credit based on the original charges for the Services. No Product will be accepted for repair or replacement without the written authorization of and in accordance with reasonable instructions of Corvis. Removal and reinstallation expenses as well as transportation expenses associated with returning such Product to Corvis for readily returnable Products (e.g., plug-in items) will be borne by CustomerCorvis only if Corvis performed improper installation services necessitating such removal and reinstallation. Corvis will pay the costs of transportation of any the repaired or replaced Product to the destination designated by Customer. In repairing or replacing any Equipment or Software medium under this warranty, Corvis may use either new Products or parts or remanufactured, reconditioned or refurbished Products or parts if in like-new condition or functionally equivalent to new Products or parts. Replaced Products or parts will be retained by Corvis and become Corvis' property. Replacement Products or parts become the property of Customer. 18.2 In the event Customer returns Products for repair that are not defective, Corvis may require that Customer pay with respect to any subsequently returned Products which prove not to be defective a fee which reflects Corvis' cost of handling, inspecting and testing and, if applicable, travel and related expenses by Corvis' employees. 18.3 The parties acknowledge that disclosure of any Proprietary Information other than as allowed by Article Articles 12 or Article 15 may give rise to irreparable injury and may be inadequately compensable in monetary damages and therefore the affected non-disclosing party will be entitled to seek and to obtain injunctive or other equitable relief against the breach or threatened breach of the obligations of said Article Articles 12 or Article 15, in addition to any other remedies which may be available. 18.4 The remedies available to either party under this Agreement are cumulative. The exercise of any one remedy will not be deemed an election of such remedy to the exclusion of other remedies; and the rights and remedies of the parties as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity. 18.5 EXCEPT FOR CORVIS' INDEMNITY OBLIGATIONS SET FORTH IN ARTICLES 21 AND 22, ANYTHING IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, (I) THE MAXIMUM AGGREGATE AMOUNT THAT CUSTOMER WILL BE PERMITTED TO RECOVER BECAUSE OF A DEFECTIVE PRODUCT OR DEFICIENT SERVICE WILL NOT EXCEED THE NET PRICE OF SUCH PRODUCT OR SERVICE INVOICED TO CUSTOMER, AND (II) CORVIS' LIABILITY TO CUSTOMER UNDER THIS AGREEMENT OR IN CONNECTION WITH ANY OTHER MATTERS OTHER THAN THOSE COVERED BY CLAUSE (I) HEREOF WILL NOT EXCEED IN THE AGGREGATE THE NET PRICE PAID TO CORVIS UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. 18.6 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY OR CORVIS AND ITS AFFILIATES, OR AND THEIR DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES OR SAVINGS ARISING OUT OF THIS AGREEMENT, OR THE USE OR PERFORMANCE OF ANY PRODUCT OR SERVICES, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNITY OR STRICT LIABILITY. THIS PARAGRAPH WILL SURVIVE FAILURE OF AN EXCLUSIVE OR LIMITED REMEDY. THE FOREGOING WILL NOT BE DEEMED TO LIMIT CORVIS' INDEMNITY OBLIGATIONS UNDER SECTION 22. 18.7 ANY ACTION OR PROCEEDING BY EITHER PARTY UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN FORTY-EIGHT (48) MONTHS AFTER THE DATE SUCH PARTY KNOWS OR SHOULD HAVE KNOWN THAT SUCH CAUSE OF ACTION HAS ACCRUED.

Remedies and Limitations. 18.1 If 15.1 If, under normal and proper use (i.e., as approved by Corvis or as provided in the applicable Technical Requirements and Documentation) any Product fails to conform to the warranty specified in Article 16 13 during the applicable Warranty Period, Corvis will promptly promptly, but in any event within thirty (30) days, repair or replace, at its option and expense, all such defective or nonconforming Product within ten (10) business days so as to cause it to satisfy, and perform in accordance with, in all material respects, its applicable Technical Requirements. Corvis shall use commercially reasonable efforts to correct any non-material Nonconformity in a commercially reasonable time period following notice from Qwest of receipt of the Productsuch non-material Nonconformity. If Corvis cannot repair or replace such ProductProduct in a commercially practicable manner, it will provide a refund or credit for the original purchase price or license fee paid by Customer Qwest for such Product and such other Products which are rendered useless by the defective Product. If Corvis fails Corvis' installation Services prove not to perform any Services in accordance with Article 16 and Customer notifies Corvis be performed as warranted, within a six (6) month period commencing on the date of such failure within twelve (12) months Acceptance of the date on which Customer accepts such Services, Corvis, at its option, either will correct the defective defect or non-conforming Services or render a full or pro-rated (based on the portion of the Services that are refund for such defective or non-conforming) refund or credit conforming Services based on the original charges for such Services. In no event shall the Servicesmaximum aggregate amount that Qwest will be permitted to recover as a result of Corvis' breach of the warranty set forth in Sections 13.1 and 13.2 [*]. No Product will be accepted for repair or replacement without the written authorization of and unless returned in accordance with reasonable instructions of CorvisCorvis which were provided to Qwest in writing prior to such request for warranty services. Removal and reinstallation expenses as well as transportation expenses associated with returning such Product to Corvis for readily returnable Products (e.g., plug-in items) will be borne by CustomerCorvis only if Corvis performed improper installation services necessitating such removal and reinstallation. Corvis will pay the costs of transportation of any the repaired or replaced Product to the destination designated by CustomerQwest. In repairing or replacing any Equipment or Software medium under this warranty, Corvis may use either new Products or parts or remanufactured, reconditioned or refurbished Products or parts if in like-new condition or functionally equivalent to new Products or parts. Replaced Products or parts will be retained by Corvis and become Corvis' property. Replacement Products or parts become the property of CustomerQwest. 18.2 15.2 In the event Customer Qwest returns Products for repair that repair, which in Corvis' reasonable determination are not defective, Corvis may require that Customer pay Qwest pay, with respect to any subsequently returned Products which prove not to be defective defective, a reasonable fee which reflects Corvis' reasonable cost of handling, inspecting and testing and, if applicable, travel and related expenses by Corvis' employees. 18.3 15.3 The parties acknowledge that disclosure of any Proprietary Information other than as allowed by Article Articles 9 or 12 or Article 15 may give rise to irreparable injury and may be inadequately compensable in monetary damages and therefore the affected party non- disclosing Party will be entitled to seek and to obtain injunctive or other equitable relief against the breach or threatened breach of the obligations of said Article 12 Articles 9 or Article 1512, in addition to any other remedies which may be available. 18.4 15.4 The remedies available to either party Party under this Agreement are cumulative. The exercise of any one remedy will not be deemed an election of such remedy to the exclusion of other remedies; and and, except as limited by the terms of this Agreement, the rights and remedies of the parties as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity. 18.5 EXCEPT FOR CORVIS' INDEMNITY OBLIGATIONS SET FORTH IN ARTICLES 21 AND 22, ANYTHING IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, (I) THE MAXIMUM AGGREGATE AMOUNT THAT CUSTOMER WILL BE PERMITTED TO RECOVER BECAUSE OF A DEFECTIVE PRODUCT OR DEFICIENT SERVICE WILL NOT EXCEED THE PRICE OF SUCH PRODUCT OR SERVICE INVOICED TO CUSTOMER, AND (II) CORVIS' LIABILITY TO CUSTOMER UNDER THIS AGREEMENT OR IN CONNECTION WITH ANY MATTERS OTHER THAN THOSE COVERED BY CLAUSE (I) HEREOF WILL NOT EXCEED IN THE AGGREGATE THE PRICE PAID TO CORVIS UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. 18.6 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY OR ITS AFFILIATES, OR THEIR DIRECTORS, EMPLOYEES AND AGENTS WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES OR SAVINGS ARISING OUT OF THIS AGREEMENT, OR THE USE OR PERFORMANCE OF ANY PRODUCT OR SERVICES, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNITY OR STRICT LIABILITY. THIS PARAGRAPH WILL SURVIVE FAILURE OF AN EXCLUSIVE OR LIMITED REMEDY.

Remedies and Limitations. 18.1 If any Product fails to conform to the warranty specified in Article 16 during the applicable Warranty Period, Corvis will promptly repair or replace, at its option and expense, all such defective or nonconforming Product within ten (10) business days [*] of receipt of the Product. If Corvis cannot repair or replace such Product, it will provide a refund or credit for the original purchase price or license fee paid by Customer for such Product. If Corvis fails to perform any Services in accordance with Article 16 and Customer notifies Corvis of such failure within twelve (12) months [*] of the date on which Customer accepts such Services, Corvis, at its option, either will correct the defective or non-conforming Services or render a full or pro-rated (based on the portion of the Services that are defective or non-conforming) refund or credit based on the original charges for the Services. No Product will be accepted for repair or replacement without the written authorization of and in accordance with reasonable instructions of Corvis. Removal and reinstallation expenses as well as transportation expenses associated with returning such Product to Corvis for readily returnable Products (e.g., plug-in items) will be borne by Customer. Corvis will pay the costs of transportation [*] of any repaired or replaced Product to the destination designated by Customer. In repairing or replacing any Equipment or Software medium under this warranty, Corvis may use either new Products or parts or remanufactured, reconditioned or refurbished Products or parts if in like-new condition or functionally equivalent to new Products or parts. Replaced Products or parts will be retained by Corvis and become Corvis' property. Replacement Products or parts become the property of Customer. 18.2 In the event Customer returns Products for repair that are not defective, Corvis may require that Customer pay with respect to any subsequently returned Products which prove not to be defective a fee which reflects Corvis' cost of handling, inspecting and testing and, if applicable, travel and related expenses by Corvis' employees. Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. 18.3 The parties acknowledge that disclosure of any Proprietary Information other than as allowed by Article 12 or Article 15 may give rise to irreparable injury and may be inadequately compensable in monetary damages and therefore the affected party will be entitled to seek injunctive or other equitable relief against the breach or threatened breach of the obligations of said Article 12 or Article 15, in addition to any other remedies which may be available. 18.4 The remedies available to either party under this Agreement are cumulative. The exercise of any one remedy will not be deemed an election of such remedy to the exclusion of other remedies; and the rights and remedies of the parties as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity. 18.5 EXCEPT FOR CORVIS' INDEMNITY OBLIGATIONS SET FORTH IN ARTICLES 21 AND 22, ANYTHING IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, (I) THE MAXIMUM AGGREGATE AMOUNT THAT CUSTOMER WILL BE PERMITTED TO RECOVER BECAUSE OF A DEFECTIVE PRODUCT OR DEFICIENT SERVICE WILL NOT EXCEED THE PRICE OF SUCH PRODUCT OR SERVICE INVOICED TO CUSTOMER, AND (II) CORVIS' LIABILITY TO CUSTOMER UNDER THIS AGREEMENT OR IN CONNECTION WITH ANY MATTERS OTHER THAN THOSE COVERED BY CLAUSE (I) HEREOF WILL NOT EXCEED IN THE AGGREGATE THE PRICE PAID TO CORVIS UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD [*] PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. 18.6 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY OR ITS AFFILIATES, OR THEIR DIRECTORS, EMPLOYEES AND AGENTS WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES OR SAVINGS ARISING OUT OF THIS AGREEMENT, OR THE USE OR PERFORMANCE OF ANY PRODUCT OR SERVICES, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNITY OR STRICT LIABILITY. THIS PARAGRAPH WILL SURVIVE FAILURE OF AN EXCLUSIVE OR LIMITED REMEDY.

Remedies and Limitations. 18.1 If 15.1 If, under normal and proper use (i.e., as approved by Corvis or as provided in the applicable Technical Requirements and Documentation) any Product fails to conform to the warranty specified in Article 16 13 during the applicable Warranty Period, Corvis will promptly promptly, but in any event within [*], repair or replace, at its option and expense, all such defective or nonconforming Product within ten (10) business days so as to cause it to satisfy, and perform in accordance with, [*], its applicable Technical Requirements. Corvis shall use commercially reasonable efforts to correct any non-material Nonconformity in a [*] following notice from Qwest of receipt of the Productsuch non-material Nonconformity. If Corvis cannot repair or replace such ProductProduct in a commercially practicable manner, it will provide a refund or credit for the Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. original purchase price or license fee paid by Customer Qwest for such Product and such other Products which are rendered useless by the defective Product. If Corvis fails Corvis' installation Services prove not to perform any Services in accordance with Article 16 and Customer notifies Corvis be performed as warranted, within a [*] period commencing on the date of such failure within twelve (12) months Acceptance of the date on which Customer accepts such Services, Corvis, at its option, either will correct the defective defect or non-conforming Services or render a full or pro-rated (based on the portion of the Services that are refund for such defective or non-conforming) refund or credit conforming Services based on the original charges for the such Services. In no event shall the maximum aggregate amount that Qwest will be permitted to recover as a result of Corvis' breach of the warranty set forth in Sections 13.1 and 13.2 [*] No Product will be accepted for repair or replacement without the written authorization of and unless returned in accordance with reasonable instructions of CorvisCorvis which were provided to Qwest in writing prior to such request for warranty services. Removal and reinstallation expenses as well as transportation expenses associated with returning such Product to Corvis for readily returnable Products (e.g., plug-in items) will be borne by CustomerCorvis only if Corvis performed improper installation services necessitating such removal and reinstallation. Corvis will pay [*] of the costs of transportation of any repaired or replaced Product to the destination designated by CustomerQwest. In repairing or replacing any Equipment or Software medium under this warranty, Corvis may use either new Products or parts or remanufactured, reconditioned or refurbished Products or parts if in like-new condition or functionally equivalent to new Products or parts. Replaced Products or parts will be retained by Corvis and become Corvis' property. Replacement Products or parts become the property of CustomerQwest. 18.2 15.2 In the event Customer Qwest returns Products for repair that repair, which in Corvis' reasonable determination are not defective, Corvis may require that Customer pay Qwest pay, with respect to any subsequently returned Products which prove not to be defective defective, a reasonable fee which reflects Corvis' reasonable cost of handling, inspecting and testing and, if applicable, travel and related expenses by Corvis' employees. 18.3 15.3 The parties acknowledge that disclosure of any Proprietary Information other than as allowed by Article Articles 9 or 12 or Article 15 may give rise to irreparable injury and may be inadequately compensable in monetary damages and therefore the affected party non- disclosing Party will be entitled to seek and to obtain injunctive or other equitable relief against the breach or threatened breach of the obligations of said Article 12 Articles 9 or Article 1512, in addition to any other remedies which may be available. 18.4 15.4 The remedies available to either party Party under this Agreement are cumulative. The exercise of any one remedy will not be deemed an election of such remedy to the exclusion of other remedies; and and, except as limited by the terms of this Agreement, the rights and remedies of the parties as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity. Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. 18.5 EXCEPT FOR CORVIS' INDEMNITY OBLIGATIONS SET FORTH 15.5 IN ARTICLES 21 AND 22, ANYTHING IN THIS AGREEMENT NOT EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY TO THE CONTRARY NOTWITHSTANDING, (I) THE MAXIMUM AGGREGATE AMOUNT THAT CUSTOMER WILL BE PERMITTED TO RECOVER BECAUSE OF A DEFECTIVE PRODUCT OR DEFICIENT SERVICE WILL NOT EXCEED THE PRICE OF SUCH PRODUCT OR SERVICE INVOICED TO CUSTOMER, OTHER PARTY AND (II) CORVIS' LIABILITY TO CUSTOMER ITS AFFILIATES UNDER THIS AGREEMENT OR IN CONNECTION WITH ANY MATTERS OTHER THAN THOSE COVERED BY CLAUSE (I) HEREOF WILL NOT EXCEED IN THE AGGREGATE THE PRICE PAID AN AMOUNT EQUAL TO CORVIS UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY[*]. 18.6 15.6 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY OR PARTY, NOR ITS AFFILIATES, OR AND THEIR DIRECTORS, EMPLOYEES AND AGENTS AGENTS, WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES OR SAVINGS ARISING OUT OF THIS AGREEMENT, OR THE USE OR PERFORMANCE OF ANY PRODUCT OR SERVICES, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNITY OR STRICT LIABILITYOTHERWISE. THIS PARAGRAPH WILL SURVIVE FAILURE OF AN EXCLUSIVE OR LIMITED REMEDY. THE FOREGOING WILL NOT BE DEEMED TO LIMIT [*].

Remedies and Limitations. 18.1 If If, under normal and proper use (i.e., as approved by Corvis or as provided in the applicable Technical Requirements) any Product fails to conform to the warranty specified in Article 16 during the applicable Warranty Period, Corvis will promptly repair or replace, at its option and expense, all such defective or nonconforming Product within ten (10) business days of receipt of the Productso as to cause it to satisfy, and perform in accordance with, its applicable Technical Requirements. If Corvis cannot repair or replace such Product, it will provide a refund or credit for the original purchase price or license fee paid by Customer for such Product. If Corvis fails Corvis' installation Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. services prove not to perform any Services in accordance with Article 16 and Customer notifies Corvis be performed as warranted, within a [*] period commencing on the date of such failure within twelve (12) months Acceptance of the date on which Customer accepts such Services, Corvis, at its option, either will correct the defective defect or non-conforming Services or render a full or pro-rated (based on the portion of the Services that are defective or non-conforming) refund or credit based on the original charges for the Services. No Product will be accepted for repair or replacement without the written authorization of and in accordance with reasonable instructions of Corvis. Removal and reinstallation expenses as well as transportation expenses associated with returning such Product to Corvis for readily returnable Products (e.g., plug-in items) will be borne by CustomerCorvis only if Corvis performed improper installation services necessitating such removal and reinstallation. Corvis will pay [*] of the costs of transportation of any repaired or replaced Product to the destination designated by Customer. In repairing or replacing any Equipment or Software medium under this warranty, Corvis may use either new Products or parts or remanufactured, reconditioned or refurbished Products or parts if in like-new condition or functionally equivalent to new Products or parts. Replaced Products or parts will be retained by Corvis and become Corvis' property. Replacement Products or parts become the property of Customer. 18.2 In the event Customer returns Products for repair that are not defective, Corvis may require that Customer pay with respect to any subsequently returned Products which prove not to be defective a fee which reflects Corvis' cost of handling, inspecting and testing and, if applicable, travel and related expenses by Corvis' employees. 18.3 The parties acknowledge that disclosure of any Proprietary Information other than as allowed by Article Articles 12 or Article 15 may give rise to irreparable injury and may be inadequately compensable in monetary damages and therefore the affected non-disclosing party will be entitled to seek and to obtain injunctive or other equitable relief against the breach or threatened breach of the obligations of said Article Articles 12 or Article 15, in addition to any other remedies which may be available. 18.4 The remedies available to either party under this Agreement are cumulative. The exercise of any one remedy will not be deemed an election of such remedy to the exclusion of other remedies; and the rights and remedies of the parties as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity. 18.5 EXCEPT FOR CORVIS' INDEMNITY OBLIGATIONS SET FORTH IN ARTICLES 21 AND 22, ANYTHING IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, (I) THE MAXIMUM AGGREGATE AMOUNT THAT CUSTOMER WILL BE PERMITTED TO RECOVER BECAUSE OF A DEFECTIVE PRODUCT OR DEFICIENT SERVICE WILL NOT EXCEED THE NET PRICE OF SUCH PRODUCT OR SERVICE INVOICED TO CUSTOMER, AND (II) CORVIS' LIABILITY TO CUSTOMER UNDER THIS AGREEMENT OR IN CONNECTION WITH ANY OTHER MATTERS OTHER THAN THOSE COVERED BY CLAUSE (I) HEREOF WILL NOT EXCEED IN THE AGGREGATE THE NET PRICE PAID TO CORVIS UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD [*] PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. 18.6 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY OR CORVIS AND ITS AFFILIATES, OR AND THEIR DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES OR SAVINGS ARISING OUT OF THIS AGREEMENT, OR THE USE OR PERFORMANCE OF ANY PRODUCT OR SERVICES, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNITY OR STRICT LIABILITY. THIS PARAGRAPH WILL SURVIVE FAILURE OF AN EXCLUSIVE OR LIMITED REMEDY. THE FOREGOING WILL NOT BE DEEMED TO LIMIT CORVIS' INDEMNITY OBLIGATIONS UNDER SECTION 22. 18.7 ANY ACTION OR PROCEEDING BY EITHER PARTY UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN [*] AFTER THE DATE SUCH PARTY KNOWS OR SHOULD HAVE KNOWN THAT SUCH CAUSE OF ACTION HAS ACCRUED.