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EJ <br />40 <br />ease any such PRS Replacement Products or any part thereof, is in such <br />suit held to constitute such an infringement and the use of said PRS <br />Replacement Product or part is enjoined, Seller shall, at its expense and <br />option, either procure for Buyer the right to continue using said PRS <br />Replacement Product or part, or replace same with a non -infringing <br />product, or modify same so it becomes non -infringing, or remove said <br />PRS Replacement Product and refund the purchase price (less <br />reasonable depreciation for use). THE FOREGOING STATES THE <br />ENTIRE LIABILITY OF SELLER FOR PATENT INFRINGEMENT BY PRS <br />REPLACEMENT PRODUCTS, OR ANY PART THEREOF, AND IS <br />SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH IN <br />PARAGRAPH 13, "LIMITATION OF LIABILITY." <br />The patent infringement indemnity obligation set forth in this Paragraph 12 <br />shall not apply to any product or part thereof manufactured to Buyer's <br />design, or to the use of any Products or part furnished hereunder in <br />conjunction with any other equipment in a combination not furnished by <br />Seller. As to any such Product part thereof, use or combination, Seller <br />assumes no direct or indirect liability whatsoever for patent infringement. <br />13. Limitations of Liability <br />A. THE TOTAL LIABILITY OF SELLER, INCLUDING ITS <br />SUBCONTRACTORS OR SUPPLIERS, ON ANY AND ALL <br />CLAIMS WHETHER IN CONTRACT, WARRANTY, TORT <br />(INCLUDING NEGLIGENCE OR PATENT INFRINGEMENT) OR <br />OTHERWISE, ARISING OUT OF, CONNECTED WITH, OR <br />RESULTING (i) FROM THE PERFORMANCE OR NOW <br />PERFORMANCE OF THIS CONTRACT, OR (ii) FROM THE. <br />MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, <br />REPLACEMENT OR USE OF ANY PRODUCT OR THE <br />FURNISHING OF ANY SERVICE, or (iii) FROM THE. FAILURE OF <br />BUYER'S SYSTEM TO BE YEAR 2000 READY FOR ANY <br />REASON OTHER THAN OR BEYOND SELLE'R'S WARRANTED <br />PERFORMANCE OF COVERED PRODUCTS IN THIS <br />CONTRACT, SHALL NOT EXCEED THE PRICE ALLOCABLE TO <br />THE SELLER PRODUCT OR SERVICE WHICH GIVES RISE TO <br />THE CLAIM. <br />B. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF <br />CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR <br />PATENT INFRINGEMENT) OR OTHERWISE, SHALL SELLER, <br />OR ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, <br />AFFILIATES, SUBCONTRACTORS OR SUPPLIERS, BE <br />DIRECTLY OR INDIRECTLY LIABLE FOR ANY SPECIAL, <br />CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY <br />11!4 J91)25 A, <br />