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<br /> 7 <br />INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF <br />WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES <br />OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING <br />THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. <br /> <br />b) CAP ON MONETARY LIABILITY. WITHOUT LIMITATION OF THE PREVIOUS SECTION, EXCEPT FOR <br />DAMAGES ARISING OUT OF LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED, <br />CUSTOMER’S OBLIGATIONS TO MAKE PAYMENT UNDER THIS AGREEMENT, OR LIABILITY FOR <br />INFRINGEMENT OR MISAPPROPRIATION OF NEOGOV INTELLECTUAL PROPERTY RIGHTS, THE <br />TOTAL LIABILITY OF EITHER PARTY FOR ANY AND ALL CLAIMS AGAINST THE OTHER PARTY <br />UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, <br />TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE <br />THEORY, SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY <br />NEOGOV FROM CUSTOMER DURING THE RELEVANT YEAR OF THIS AGREEMENT DURING WHICH <br />THE CAUSE OF ACTION AROSE. THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE WITH <br />ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING <br />AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE <br />CLAIMS WILL NOT ENLARGE THE LIMIT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS <br />LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN <br />THE PARTIES AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE <br />OF ANY LIMITED REMEDY. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY <br />REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS <br />(KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND HAS <br />BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE <br />GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO <br />ENTER INTO THIS AGREEMENT. <br /> <br />16. E-Signatures. <br /> <br />a) E-Signature Provisioning & Consent. NEOGOV E-Forms and other electronically signed services (“E- <br />Signatures”) are provided by NEOGOV for two counterparties (generally a government employer (the <br />“sending party”) subscribing to NEOGOV Services and Personnel or Job Seekers) to electronically sign <br />documents. If you use E-Signatures offered by NEOGOV, you agree to the statements set forth in this <br />Section. W henever you sign a document using E-Signatures you affirmatively consent to using electronic <br />signatures via the E-Signatures and consent to conducting electronic business transactions. You also <br />confirm that you are able to access the E-Signatures and the document you are signing electronically. When <br />using E-Signatures for a document, your consent applies only to the matter(s) covered by that particular <br />document. <br /> <br />b) Right to Opt-Out of E-Signatures. You are not required to use E-Signatures or accept electronic documents <br />provided thereby. Personnel and Job Seekers can choose to not use E-Signatures and may sign the <br />document manually instead by notifying the sending party they are choosing to do so and by obtaining a <br />non-electronic copy of the document. NEOOGV assumes no responsibility for providing non-electronic <br />documents. In the event a non-sending party elects to sign the document manually, do not use E-Signatures <br />to sign the document. <br /> <br />c) Electronic Download. If you have signed a document electronically using E-Signatures and transmitted it <br />back to the sending party, NEOGOV provides the opportunity to download and print a paper copy of the <br />document at no charge. If you later withdrawn your consent to using E-Signatures, please notify the sending <br />party and stop using E-Signatures. Note that the decision to stop using E-Signatures after you have already <br />used it does not change the legality of the documents you have previously signed using an electronic <br />signature. <br /> <br />d) E-Signature Validity. PLEASE NOTE THAT NEOGOV’S STATEMENTS CONTAINED HEREIN OR <br />ELSEWHERE CONCERNING THE VALIDITY OF ELECTRONIC DOCUMENTS AND/OR THE <br />SIGNATURE LINES OF DOCUMENTS THAT ARE ELECTRONICALLY SIGNED ARE FOR <br />INFORMATIONAL PURPOSES ONLY; THEY SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. <br />UNDER FEDERAL AND STATE LAWS GOVERNING ELECTRONIC SIGNATURES, ELECTRONIC <br />SIGNATURES ON CERTAIN TYPES OF AGREEMENTS ARE NOT ENFORCEABLE. NEOGOV HEREBY <br />DISCLAIMS ANY RESPONSIBILITY FOR ENSURING THAT DOCUMENTS ELECTRONICALLY SIGNED <br />THROUGH E-SIGNATURE’S ARE VALID OR ENFORCEABLE UNDER THE LAWS OF THE UNITED <br />STATES OF AMERICA, ANY PARTICULAR STATE, OR ANY OTHER LEGAL JURISDICTION. YOU <br />DocuSign Envelope ID: F4A6FA52-A5F7-4BE8-B437-84F27FE4FB12