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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />RYAN L. BUTLER, CLERK
<br />or any third party (including other Public Safety Threat Alliance Members or PSTA customers).
<br />Member acknowledges that PSTA made a considerable investment of resources in the
<br />development, formation, and operations of the Public Safety Threat Alliance and that Member's
<br />breach of the Agreement will result in irreparable harm to the Public Safety Threat Alliance and
<br />PSTA for which monetary damages would be inadequate. If Member breaches this Agreement, in
<br />addition to termination, the Public Safety Threat Alliance and PSTA will be entitled to all available
<br />remedies at law or in equity (including immediate injunctive relief). In addition to any other
<br />termination rights PSTA may terminate the Agreement, in whole or in part, in the event it plans to
<br />cease offering the Public Safety Threat Alliance to Members.
<br />h1111194T19, RAWA
<br />7.1. DISCLAIMER OF CONSEQUENTIAL DAMAGES. EXCEPT FOR PERSONAL INJURY OR
<br />DEATH, PSTA, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
<br />EMPLOYEES, SUBCONTRACTORS, SUBPROCESSORS, AGENTS, SUCCESSORS, AND
<br />ASSIGNS (COLLECTIVELY, THE "PSTA PARTIES") WILL NOT BE LIABLE IN CONNECTION
<br />WITH THIS AGREEMENT (WHETHER UNDER PSTA OR MOTOROLA'S INDEMNITY
<br />OBLIGATIONS, A CAUSE OF ACTION FOR BREACH OF CONTRACT, UNDER TORT THEORY,
<br />OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR
<br />CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR REVENUES, EVEN IF
<br />PSTA OR MOTOROLA HAS BEEN ADVISED BY CUSTOMER OR ANY THIRD PARTY OF THE
<br />POSSIBILITY OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT SUCH DAMAGES
<br />OR LOSSES ARE FORESEEABLE.
<br />7.2. DIRECT DAMAGES. EXCEPT FOR PERSONAL INJURY OR DEATH, THE TOTAL
<br />AGGREGATE LIABILITY OF THE PSTA OR MOTOROLA PARTIES, WHETHER BASED ON A
<br />CLAIM IN CONTRACT OR IN TORT, LAW OR EQUITY, RELATING TO OR ARISING OUT OF
<br />THIS AGREEMENT, WILL NOT EXCEED TEN THOUSAND DOLLARS ($10,000). FOR
<br />AVOIDANCE OF DOUBT, THE LIMITATION IN THIS SECTION 7.2 APPLY IN THE AGGREGATE
<br />TO INDEMNIFICATION OBLIGATIONS ARISING OUT OF THIS AGREEMENT OR ANY RELATED
<br />ADDENDUM HERETO.
<br />7.3. ADDITIONAL EXCLUSIONS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
<br />AGREEMENT OR ANY RELATED ADDENDUM, PSTA AND MOTOROLA WILL HAVE NO
<br />LIABILITY FOR DAMAGES ARISING OUT OF (A) MEMBER DATA OR CONTENT MATERIAL
<br />INCLUDING ITS TRANSMISSION TO OR RECEIPT FROM PSTA OR MOTOROLA, THROUGH
<br />THE PUBLIC SAFETY THREAT ALLIANCE; (B) CUSTOMER -PROVIDED EQUIPMENT, CONTENT
<br />MATERIAL, THIRD -PARTY EQUIPMENT, HARDWARE, SOFTWARE, SERVICES, DATA, OR
<br />OTHER THIRD -PARTY MATERIALS, OR THE COMBINATION OF PRODUCTS AND SERVICES
<br />WITH ANY OF THE FOREGOING; (C) LOSS OF DATA, HACKING, RANSOMWARE, OR OTHER
<br />THIRD -PARTY ATTACKS OR DEMANDS; (D) MODIFICATION OF CONTENT MATERIAL BY ANY
<br />PERSON OTHER THAN PSTA OR MOTOROLA; (E) RECOMMENDATIONS PROVIDED IN
<br />CONNECTION WITH THE CONTENT MATERIALS; (F) DATA RECOVERY SERVICES OR
<br />DATABASE MODIFICATIONS; OR (G) MEMBER'S OR ANY AUTHORIZED USER'S BREACH OF
<br />THIS AGREEMENT OR ANY RELATED AGREEMENT OR MISUSE OF THE PUBLIC SAFETY
<br />THREAT ALLIANCE; (H) INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES,
<br />OR SECURITY EVENTS; (1) DISRUPTION OF OR DAMAGE TO MEMBER'S OR THIRD PARTIES'
<br />SYSTEMS, EQUIPMENT, OR DATA, INCLUDING DENIAL OF ACCESS TO USERS, OR
<br />SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR
<br />HARDWARE; (J) AVAILABILITY OR ACCURACY OF ANY DATA AVAILABLE THROUGH THE
<br />CONTENT MATERIAL OR OTHERWISE, OR INTERPRETATION, USE, OR MISUSE THEREOF;
<br />(K) TRACKING AND LOCATION -BASED SERVICES; OR (L) BETA SERVICES. THE CONTENT
<br />MATERIAL IS PROVIDED AS IS AND IS DISTRIBUTED FOR INFORMATION PURPOSES ONLY
<br />AND IS NOT WARRANTED FOR COMPLETENESS, TIMELINESS, ACCURACY,
<br />
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