Clarifications and Disclaimers

THE LIABILITIES LIMITED BY SECTIONS __ (Dollar Cap) AND __ (Exclusion of Consequential Damages) APPLY TO THE BENEFIT OF PROVIDER’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY CONTRACTORS, AS WELL AS: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Customer acknowledges and agrees that Provider has based its pricing on and entered into this Agreement in reliance upon the limitations of liability and disclaimers of warranties and damages in this Section __ and in Sections __ (Dollar Cap), __ (Exclusion of Consequential Damages), and __ (Disclaimer of Warranties) and that such terms form an essential basis of the bargain between the parties. If applicable law limits the application of any provision listed in the preceding sentence, Provider’s liability will be limited to the maximum extent permissible.