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WARRANTY OR CONDITION(A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY, (B) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE DISCLAIMED, SUCH WARRANTY IS LIMITED IN DURATION TO THE APPLICABLE EXPRESS WARRANTY PERIOD. CI' S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL BE, AT L3HARRIS' OPTION, RE -PERFORMANCE OF THE SERVICES; OR TERMINATION OF THIS AGREEMENT; OR REMOVAL OF THE APPLICABLE EQUIPMENT FROM THE EQUIPMENT LIST OR TERMINATION OF THE APPLICABLE SOW AND RETURN OF THE PORTION OF THE FEES PAID TO L3HARRIS BY CI FOR SUCH NON- CONFORMING SERVICES. 9. LIMITATION OF LIABILITY. NOTHING IN THIS AGREEMENT SHALL LIMIT L3HARRIS' OR ITS SUPPLIERS' LIABILITY FOR (1) PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE; OR (2) L3HARRIS LIABILITY IN THE TORT OF DECEIT OR FOR FRAUD. THE LIABILITY OF EITHER PARTY TO THE OTHER OR TO ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY COLLATERAL CONTRACT, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE GREATER OF (1) AMOUNTS PAID OR PAYABLE BY CI TO L3HARRIS FOR THE SERVICES DURING THE SIX (6) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY OR (II) ONE HUNDRED THOUSAND (100,000) US DOLLARS. IN THE CASE OF TRANSACTIONAL ADVANCED SERVICES PERFORMED UNDER A SOW, THE LIABILITY OF EITHER PARTY SHALL BE LIMITED TO THE AMOUNT PAID OR PAYABLE BY CI TO L311arris PURSUANT TO THE RELEVANT SOW DURING THE SIX (6) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. THE LIABILITY OF L3Harris SHALL BE CUMULATIVE AND NOT PER INCIDENT. SUBJECT TO THE EXCEPTIONS SET OUT IN THE FIRST PARAGRAPH OF THIS SECTION, IN NO EVENT SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST OR DAMAGED DATA, OR ANY INDIRECT DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EVEN IF SUCH LOSSES OR DAMAGES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE. BY ENTERING INTO THIS AGREEMENT CI DOES NOT (A) CONSENT TO SUTf, OR (B) WAIVE ITS GOVERNMENTAL IMMUNITY OR THE LIMITATIONS AS TO DAMAGES. 10. COVERAGE, INTERFERENCE, AND THIRD -PARTY FACILITIES. Representations concerning the distance at which usable radio signals will be transmitted and received by the Equipment supplied hereunder shall not be binding upon 1,311arris unless reduced to a writing signed by an authorized representative of 1,311arris and made a part of this Agreement. Radio systems are subject to degradation of service from natural phenomena and other causes beyond the reasonable control of L3Harris such as motor ignition and other electrical noises, and interference from other users assigned to the same or adjacent frequencies. L311arris cannot be responsible for interference or disruption of service caused by operation of other radio systems or by natural phenomena or by motor ignition or other interference over which there is no reasonable control. Such interference and noise can be minimized by addition (at Ci's expense) of corrective devices adapted for particular locations and installations. L3Harris will make recommendations as to the use of such devices; however, total freedom from noise and interference cannot be guaranteed. In the event Ci utilizes facilities or services supplied by others such as common carrier services or shared services, L311arris shall have no responsibility for the availability or adequacy of any such facilities or services. 34