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SPECIAL SERVICE ARRANGEMENT
<br /> AGREEMENT Case Number FL07- 1770-00
<br /> 19 . Remedies and Damages Limitations.
<br /> a) The following limitations of liability represent a material inducement to the parties to enter
<br /> into this Agreement and to perform Orders at the stated price. If additional risks or
<br /> undertakings were contemplated by Company, the additional risks or undertakings would
<br /> have been reflected in an increased price. In contemplation of the price, Customer
<br /> acknowledges that there is consideration for the limitation of damages and remedies set forth
<br /> above and as follows.
<br /> b) ANYTHING IN THIS AGREEMENT OR ANY OTHER DOCUMENTS TO THE
<br /> CONTRARY NOTWITHSTANDING, NEITHER COMPANY, NOR ITS SUPPLIERS OR
<br /> MANUFACTURERS, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL,
<br /> EXEMPLARY, PUNITIVE, ECONOMIC, OR INDIRECT DAMAGES , INCLUDING
<br /> WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, TOLL FRAUD OR OTHER
<br /> UNAUTHORIZED USE, OR LOSS OF USE. THIS LIMITATION OF LIABILITY WILL
<br /> APPLY WHETHER ANY CLAIM IS BASED ON CONTRACT, WARRANTY,
<br /> NEGLIENCE OR OTHER TORT, BREACH OF STATUTORY OR OTHER LEGAL
<br /> DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE,
<br /> WHETHER OR NOT THEY OR COMPANY HAD NOTICE OF THE POSSIBILITY OF
<br /> SUCH DAMAGES OCCURRING. CUSTOMER'S EXCLUSIVE REMEDY FOR ANY
<br /> DEFAULT OR BREACH OF ANY WARRANTY, EXPRESSED OR IMPLIED, SHALL BE
<br /> LIMITED TO REPAIR OR REPLACEMENT OF EQUIPMENT OR REPERFORMANCE
<br /> OF THE SERVICES AT COMPANY'S EXPENSE OR RETURN OF THE DEPRECIATED
<br /> AMOUNT PAID FOR THE EQUIPMENT OR SERVICE IF REPERFORMANCE, REPAIR
<br /> OR REPLACEMENT IS NOT REASONABLY AVAILABLE.
<br /> 20. Default by Customer. Upon any default by Customer under this Agreement, including the refusal to accept
<br /> conforming equipment or Services, Company may exercise all remedies to which Company may be
<br /> entitled at law or in equity, including specific performance. Additionally, Company may declare all sums
<br /> due or to become due hereunder immediately due and payable, and Company shall be entitled to recover
<br /> all collection costs incurred, including legal interest. In addition, for payments not received within thirty
<br /> (30) days ofthe invoice date, a late fee not exceeding the lower of two percent (20/0) per month or the
<br /> maximum rate allowed by law shall be assessed on any past due invoice balance. Company shall not be
<br /> obligated to perform Services hereunder if Customer is in default of any of its obligations under this
<br /> Agreement for any Order. Upon Customer default, Company may suspend or cancel any outstanding,
<br /> unfulfilled Orders without in any way affecting its rights under this Agreement. If Company elects to
<br /> continue performing under any Order, Company's actions shall not constitute a waiver of any default by
<br /> Customer.
<br /> 21 . Contingencies. Company shall be excused from performance and shall not be liable for any delay or
<br /> damage caused, in whole or in part, by any occurrence beyond the reasonable control either of Company or
<br /> of its subcontractors or suppliers. Such contingencies include, without limitation, war, civil disobedience,
<br /> delay in transportation, failure by suppliers to deliver equipment, governmental action, terrorism, acts of
<br /> any third party, labor dispute, accident, fire, explosion, flood, severe weather or other acts of God, power
<br /> failure, shortage of labor or materials, or discovery of asbestos or other hazardous substance.
<br /> 22. Confidentiality.
<br /> a) Except as set forth in this Section, or as otherwise expressly provided in this Agreement, each
<br /> Party agrees that (a) all information communicated to it by the other and identified and marked as
<br /> "confidential," whether before or after the date hereof, (b) all information identified as
<br /> confidential to which it has access in connection with the Services and (c) this Agreement, all
<br /> associated contract documentation and correspondence, and the parties' rights and obligations
<br /> hereunder (collectively, "Confidential Information"), will be, and will be deemed to have been,
<br /> received in confidence and will be used only for purposes of this Agreement. Each party agrees
<br /> to use the same means it uses to protect its own confidential information, but in no event less than
<br /> PRIVATE/PROPRIETARY
<br /> CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
<br /> BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
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