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(2) Exceptions.To the extent expressly permitted,Customer's resale of wireline Services is subject <br /> to the Embarq Resale Terms and Conditions posted to the Rates and Conditions Website. An <br /> Internet Service Provider("ISP")is a Customer that,directly or indirectly,provides third parties <br /> with the use of Embarq-provided Internet access services in its ordinary course of business. <br /> ISPs' provision of Embarq-provided Internet access to third parties is not prohibited by this <br /> Section, but ISPs are subject to the Internet Service Providers Product Annex posted to the <br /> Rates and Conditions Website. <br /> 11. CONFIDENTIALITY AND PRIVACY. <br /> 11.1 Nondisclosure Requirements.If the parties have not executed a mutual nondisclosure agreement, <br /> this provision will govern their exchange of information. Each party will not disclose any <br /> Confidential Information (defined below) received from the other party, or otherwise discovered <br /> by the receiving party, to any third party, except as expressly permitted in the Agreement. This <br /> obligation will continue until two years after the Agreement expires or terminates. Confidential <br /> Information includes, but is not limited to,pricing and terms of the Agreement, and information <br /> relating to the disclosing party's technology, business affairs, trade secrets, development and <br /> research information, and marketing or sales plans (collectively the "Confidential Information"). <br /> The receiving party may disclose Confidential Information to its subsidiaries, Affiliates, agents <br /> and consultants with a need to know, if they are not competitors of the disclosing party and are <br /> subject to a confidentiality agreement at least as protective of the disclosing party's rights as this <br /> provision.The parties will use Confidential Information only for the purpose of performing under <br /> the Agreement or for the provision of other Embarq services.The foregoing restrictions on use and <br /> disclosure of Confidential Information do not apply to information that: (A)is in the possession of <br /> the receiving party at the time of its disclosure and is not otherwise subject to obligations of <br /> confidentiality; (B) is or becomes publicly known, through no wrongful act or omission of the <br /> receiving party; (C) is received without restriction from a third party free to disclose it without <br /> obligation to the disclosing party; (D)is developed independently by the receiving party without <br /> reference to the Confidential Information,or(E)is required to be disclosed by law,regulation, or <br /> court or governmental order. The parties acknowledge that the receiving party's unauthorized <br /> disclosure or use of Confidential Information may result in irreparable harm.If there is a beach or <br /> threatened breach of the Agreement, the disclosing party may seek a temporary restraining order <br /> and injunction to protect its Confidential Information. This provision does not limit any other <br /> remedies available to either party. The party who breached or threatened to breach its <br /> nondisclosure obligation under the Agreement will not raise the defense of an adequate remedy at <br /> law. <br /> 11.2 Privacy. Embarq's privacy policy, as amended from time to time, is available at <br /> www.embarq.com.The privacy policy includes information about Embarq's customer information <br /> practices and applies to the provisioning of Products and Services. <br /> 12. LIMITATIONS OF LIABILITY. <br /> 12.1 Direct Damages. Each party's maximum liability for damages caused by its failure(s) to perform its <br /> obligations under the Agreement is limited to: (A) proven direct damages for claims arising out of <br /> personal injury or death,or damage to real or personal property,caused by the party's negligent or willful <br /> misconduct; and (B) proven direct damages for all other claims arising out of the Agreement, not to <br /> exceed in the aggregate,in any 12-month period, an amount equal to Customer's total net payments for <br /> the affected Products and Services purchased in the month preceding the month in which the injury <br /> occurred. Customer's payment obligations, Customer's liability for early termination charges, and the <br /> parties'indemnification obligations under the Agreement are excluded from this provision. <br /> 12.2 Consequential Damages. NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, <br /> INCIDENTAL, OR INDIRECT DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN <br /> CONTRACT OR TORT. CONSEQUENTIAL, INCIDENTAL, AND INDIRECT DAMAGES <br /> INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST REVENUES, AND LOSS OF <br /> BUSINESS OPPORTUNITY, WHETHER OR NOT THE OTHER PARTY WAS AWARE OR <br /> SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. <br /> #280902 Page 5 of 10 Rev.12.07 <br />