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In Process <br /> 7 <br />servers, as such availability can involve numerous third parties and is beyond the control of <br />Company. Company will not be liable for nor provide any service credits hereunder for any <br />downtime caused in whole or part by a third party data center provider nor for any downtime that <br />Customer experiences as a result of Customer or Customer’s Users’ own network connectivity <br />issues. If Customer experiences a System or Service outage and is unable to access the System or <br />any Service, Customer must immediately contact Company’s help desk, providing any/all <br />necessary information that may assist Company in determining the cause of the outage. Company <br />will determine in good faith whether the outage was within Company’s reasonable control. If <br />Company determines that a timely reported outage was attributable to Company, then Company <br />will credit Customer 1-day of Service fees for every day of downtime Customer experienced, up <br />to a maximum of half of that month’s Service fees. This shall be Customer’s sole remedy, and <br />Company’s sole liability, for Company’s failure to provide the guaranteed availability set forth in <br />this Section 8(a). <br /> <br /> (b) Disclaimer of Warranties. EXCEPT FOR THE LIMITED SERVICE LEVEL <br />COMMITMENTS SET FORTH IN SECTION 8(A), COMPANY MAKES NO, AND HEREBY <br />DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR <br />IMPLIED, WITH RESPECT TO THE SYSTEM, THE SERVICES PROVIDED OR THE <br />AVAILABILITY, FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF THE <br />SYSTEM. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY SET <br />FORTH IN THE LIMITED SERVICE LEVEL COMMITMENTS IN SECTION 8(A), <br />COMPANY DISCLAIMS ANY WARRANTY THAT THE SYSTEM, THE SERVICES <br />PROVIDED BY COMPANY, OR THE OPERATION OF THE SYSTEM ARE OR WILL BE <br />ACCURATE, ERROR-FREE OR UNINTERRUPTED. COMPANY MAKES NO, AND <br />HEREBY DISCLAIMS ANY, IMPLIED WARRANTIES, INCLUDING WITHOUT <br />LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, <br />MERCHANTABILITY, OF FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING BY <br />USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. <br /> <br /> (c) Disclaimer of Consequential Damages. COMPANY HAS NO LIABILITY WITH <br />RESPECT TO THE SYSTEM, SERVICES, OR ITS OTHER OBLIGATIONS UNDER THIS <br />AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, <br />INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF <br />PROFITS AND THE COST OF COVER) EVEN IF COMPANY HAS BEEN ADVISED OF THE <br />POSSIBILITY OF SUCH DAMAGES. <br /> <br /> (d) Limitations of Remedies and Liability. NOTWITHSTANDING ANYTHING TO <br />THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS <br />SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY <br />SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND <br />EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY <br />SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED <br />THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER <br />THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY <br />OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, <br />SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, <br />DocuSign Envelope ID: EDA3200E-120F-4689-8924-3B3CED1889FFDocuSign Envelope ID: 2803EE47-19DD-4BE6-A7F0-AF245858D0AEDocuSign Envelope ID: BEBA87C4-019E-43DE-AD75-76A3FF9EEEEB