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r�ks Seabrooks. Upon Seabrooks' request, Subscriber will confirm in writing its compliance with this destructiornor return requirement. d. Suspension for Violations of Law. Seabrooks may temporarily suspend the Service or remove the applicable Subscriber Data, or both, if it in good faith believes that, as part of using the Service, Subscriber has violated a law. Seabrooks will attempt to contact Subscriber in advance. e. Suspension for Non -Payment. Seabrooks may temporarily suspend the Service if Subscriber is more than 30 days late on any payment due pursuant to an order. B, LIABILITY LIMIT, a, EXCLUSION OF INDIRECT DAMAGES. Seabrooks is not liable for any indirect, special, incidental or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of data, records or information; and lost profits, revenue or anticipated cost savings), even if it knows of the possibility of such damage or loss. b. TOTAL LIMIT ON LIABILITY. Seabrooks' total liability arising out of or related to this agreement (whether in contract, tort or otherwise) does not exceed the amount paid by Subscriber within the 12 -month period prior to the event that gave rise to the liability. 9. INDEMNITIES. By Seabrooks. Seabrooks will defend or settle any third -party claim against Subscriber to the extent that such claim alleges that Seabrooks' technology used to provide the Service violates a copyright, patent, trademark, or other intellectual property right, if Subscriber promptly notifies Seabrooks of the claim in writing, cooperates with Seabrooks in the defense, and allows Seabrooks to solely control the defense or settlement of the claim. -Costs. Seabrooks will pay infringement claire defense costs it incurs in defending Subscriber, and Seabrooks negotiated settlement amounts, and court -awarded damages. -Process. If such a claim appears likely, then Seabrooks may modify the Service, procure the necessary rights, or replace it with the functional equivalent. If Seabrooks determines that none of these are reasonably available, then Seabrooks may terminate the Service and refund any prepaid and unused fees. -Exclusions, Seabrooks has no obligation for any claim arising from: Seabrooks' compliance with Subscriber's specifications; a combination of the Service with other technology or aspects where the infringement would not occur but for the combination; use of Subscriber Data; or technology or aspects not provided by Seabrooks. This section contains Subscriber's exclusive remedies and Seabrooks' sole liability for intellectual property infringement claims. b, By Subscriber. If a third -party claims against Seabrooks that any part of the Subscriber Data, (i) infringes or violates that party's patent, copyright or other right, or (ii) is libelous, harassing, threatening, obscene, otherwise objectionable, Unlawful or tortious, or is otherwise in violation of third -party right, Subscriber will defend Seabrooks against that claim at Subscriber's expense and pay all costs, damages, and attorney's fees, that a court finally awards or that are included in a settlement approved by Subscriber, provided that Seabrooks: promptly notifies Subscriber in writing of the claim; and allows Subscriber to control, and cooperates with Subscriber in, the defense and any related settlement. 9