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SUPPORT AND MAINTENANCE AGREEMENT UP TO AND <br /> INCLUDING THE DATE OF TERMINATION . <br /> (ii ) IN NO EVENT SHALL ANY DAMAGES INCLUDE NOR SHALL <br /> THE CONSULTANT BE LIABLE FOR ANY SPECIAL INDIRECT <br /> OR CONSEQUENTIAL DAMAGES EVEN IF THE CONSULTANT <br /> HAS BEEN ADVISED OF THE POSSIBILITY THEREOF . - WITHOUT <br /> LIMITING THE GENERALITY OF THE FOREGOING THE <br /> CONSULTANT SHALL NOT BE LIABLE FOR LOST PROFITS . LOST <br /> BUSINESS REVENUE FAILURE TO REALIZE EXPECTED <br /> SAVINGS OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY <br /> KIND OR FOR ANY CLAIM WHATSOEVER AGAINST THE <br /> ORGANIZATION BY ANY OTHER PARTY . <br /> (iii) CLAUSES (i) AND (ii) SHALL APPLY IN RESPECT OF ANY CLAIM, <br /> DEMAND OR ACTION BY THE ORGANIZATION IRRESPECTIVE <br /> OF THE NATURE OF THE CAUSE OF ACTION UNDERLYING <br /> SUCH CLAIM DEMAND OR ACTION , INCLUDING BUT NOT <br /> LIMITED TO , BREACH OF CONTRACT OR TORT . <br /> 16 . The parties hereby confirm that the waivers and disclaimers of liability, releases from <br /> liability, limitations and apportionments of liability, and exclusive remedy provisions <br /> expressed throughout this Support and Maintenance Agreement shall apply even in the <br /> event of default negligence ( in whole or in part) , strict liability or breach of contract of <br /> the person released or whose liability is waived disclaimed limited, apportioned or fixed <br /> by such remedy provision and shall extend to such person ' s affiliates and to its <br /> shareholders directors officers employees and affiliates . <br /> 17 . Where remedies are expressly afforded by this Support and Maintenance Agreement, <br /> such remedies are intended by the parties to be the sole and exclusive remedies of the <br /> Organization for liabilities of the Consultant arising out of or in connection with this <br /> Support and Maintenance Agreement notwithstanding any remedy otherwise available at <br /> law oringquity. <br /> 18 . This Support and Maintenance Agreement shall be governed by the laws of the State in <br /> which the Organization is located . <br /> 19 . This Support and Maintenance Agreement may not be assigned by the Organization <br /> unless , concurrently with any such assignment, the Organization assigns its rights under, <br /> and complies with the provisions of the Agreement . <br /> 20 . This Support and Maintenance Agreement shall be binding upon the successors and <br /> assigns of the parties and enure to the benefit of the successors and permitted assigns of <br /> the parties . <br /> 21 . Time shall be of the essence of this Support and Maintenance Agreement . <br /> 22 . The invalidity or unenforceability of any provision or covenant contained in this Support <br /> 39 <br />