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TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (i) <br />CONSEQUENTIAL , INCIDENTAL , INDIRECT, EXEMPLARY, SPECIAL , ENHANCED, OR <br />PUNITIVE DAMAGES, (ii) INCREASED COSTS, DIMINUTION IN VALUE , OR LOST BUSINESS, <br />PRODUCTION, REVENUES, OR PROFITS, (iii) LOSS OF GOODWILL OR REPUTATION, (iv) <br />USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA OR <br />BREACH OF DATA OR SYSTEM SECURITY, OR (v) COST OF REPLACEMENT GOODS OR <br />SERVICES, IN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE <br />POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE <br />OTHERWISE FORESEEABLE . IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY <br />ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE <br />THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT <br />LIABILITY, AND OTHERWISE , EXCEED THE AMOUNTS ACTUALLY PAID BY LICENSEE <br />HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH SUCH <br />CLAIM OR CAUSE OF ACTION AROSE . THE FOREGOING LIMITATION APPLIES EVEN IF A <br />PARTY’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE .  <br />8. Term and Termination <br />8.1. Term. Unless otherwise specified in the applicable Order Form, the Agreement <br />begins on the Effective Date stated in the Order Form and, unless terminated earlier <br />pursuant to Section 8.3 of these Terms, will continue in effect for twelve (12) months <br />(“Initial Term”).  <br />8.2. Auto-renewal. The Agreement will automatically renew for equal twelve (12) month <br />terms, unless Licensee gives written notice of non-renewal at least ninety (90) days prior <br />to the expiration of the then-current term (each a "Renewal Term" and together with the <br />Initial Term, the "Term"). At the time of renewal, a 10% increase to the Fees will be <br />applied. Notice of non-renewal shall be emailed to am@airdna.co. <br />8.3. Termination for cause. In addition to any other express termination right set forth <br />herein: <br />8.3.1. Licensor may terminate the Agreement, effective upon written notice to Licensee, <br />if Licensee:  <br />8.3.1.1. fails to pay any amount when due hereunder, and such failure continues more <br />than 30 days after Licensor's delivery of written notice thereof; or  <br />8.3.1.2. breaches any of its obligations under Section 1.3 or 3. For the avoidance of <br />doubt, AirDNA reserves the right to terminate any subscription for cause if it detects any <br />10/23/25, 1:37 PM Enterprise Terms of Service <br />https://www.airdna.co/legal/enterprise-terms-of-service 9/15 <br />Docusign Envelope ID: 071B8E12-6074-40C4-9776-8B9CE9408BBE