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Exhibit B-3
<br />LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS,
<br />E. Customer's right to use applicable Licensed Software
<br />shall automatically terminate, and Customer shall be obligated
<br />to return all Licensed Software to Comcast.
<br />5.4 Resumption of Service. If a Service has been
<br />discontinued by Comcast for cause and Customer requests that
<br />the Service be restored, Comcast shall have the sole and
<br />absolute discretion to restore such Service. At Comcast's
<br />option, deposits, advanced payments, nonrecurring charges,
<br />and/or an extended Service Term may apply to restoration of
<br />Service.
<br />5.5 Regulatory and Legal Changes. The Parties
<br />acknowledge that the respective rights and obligations of each
<br />Party as set forth in this Agreement upon its execution are
<br />based on applicable law and regulations as they exist on the
<br />date of execution of this Agreement. The Parties agree that in
<br />the event of any subsequent decision by a legislative, regulatory
<br />or judicial body, including any regulatory or judicial order,
<br />rule, regulation, decision in any arbitration or other dispute
<br />resolution or other legal or regulatory action that materially
<br />affects the provisions or ability to provide Services on
<br />economic terms of the Agreement, Comcast may, by providing
<br />written notice to the Customer, require that the affected
<br />provisions of the Agreement be renegotiated in good faith. If
<br />Customer refuses to enter such renegotiations, or the Parties
<br />can't reach resolution on new Agreement terms, Comcast may,
<br />in its sole discretion, terminate this Agreement, in whole or in
<br />part, upon sixty (60) days written notice to Customer.
<br />ARTICLE 6. LIMITATION OF LIABILITY:
<br />DISCLAIMER OF WARRANTIES: WARNINGS
<br />6.1 Limitation of Liability.
<br />A, THE AGGREGATE LIABILITY OF COMCAST
<br />FOR ANY AND ALL LOSSES, DAMAGES AND CAUSES
<br />ARISING OUT OF THE AGREEMENT, INCLUDING,
<br />BUT NOT LIMITED TO, THE PERFORMANCE OF
<br />SERVICE, AND NOT OTHERWISE LIMITED
<br />HEREUNDER, WHETHER IN CONTRACT, TORT, OR
<br />OTHERWISE, SHALL NOT EXCEED DIRECT
<br />DAMAGES EQUAL TO THE SUM TOTAL OF
<br />PAYMENTS MADE BY CUSTOMER TO COMCAST
<br />DURING THE THREE (3) MONTHS IMMEDIATELY
<br />PRECEDING THE EVENT FOR WHICH DAMAGES
<br />ARE CLAIMED. THIS LIMITATION SHALL NOT
<br />APPLY TO COMCAST'S INDEMNIFICATION
<br />OBLIGATIONS AND CLAIMS FOR DAMAGE TO
<br />PROPERTY AND/OR PERSONAL INJURIES
<br />(INCLUDING DEATH) ARISING OUT OF THE GROSS
<br />NEGLIGENCE OR WILLFUL MISCONDUCT OF
<br />COMCAST WHILE ON THE CUSTOMER SERVICE
<br />LOCATION.
<br />B. NEITHER PARTY SHALL BE LIABLE TO THE
<br />OTHER FOR ANY INCIDENTAL, INDIRECT,
<br />SPECIAL, COVER, PUNITIVE OR CONSEQUENTIAL
<br />DAMAGES, WHETHER OR NOT FORESEEABLE, OF
<br />ANY KIND INCLUDING BUT NOT LIMITED TO ANY
<br />OR LOSS OF PROFIT WHETHER SUCH ALLEGED
<br />LIABILITY ARISES IN CONTRACT OR TORT
<br />HOWEVER, THAT NOTHING HEREIN IS INTENDED
<br />TO LIMIT CUSTOMER'S LIABILITY FOR AMOUNTS
<br />OWED FOR THE SERVICES, FOR ANY EQUIPMENT
<br />OR SOFTWARE PROVIDED BY COMCAST OR FOR
<br />TERMINATION CHARGES.
<br />6.2 Disclaimer of Warranties.
<br />A. Services shall be provided pursuant to the terms and
<br />conditions in the applicable PSA and Service Level
<br />Agreement, and are in lieu of all other warranties, express,
<br />implied or statutory, including, but not limited to, the implied
<br />warranties of merchantability, fitness for a particular purpose,
<br />title, and non -infringement. TO THE MAXIMUM EXTENT
<br />ALLOWED BY LAW, COMCAST EXPRESSLY
<br />DISCLAIMS ALL SUCH EXPRESS, IMPLIED AND
<br />STATUTORY WARRANTIES.
<br />B. Without limiting the generality of the foregoing, and
<br />except as otherwise identified in a PSA or Service Level
<br />Agreement, Comcast does not warrant that the Services,
<br />Comcast Equipment, or Licensed Software will be
<br />uninterrupted, error -free, or free of latency or delay, or that the
<br />Services, Comcast Equipment, or Licensed Software will meet
<br />customer's requirements, or that the Services, Comcast
<br />Equipment, or Licensed Software will prevent unauthorized
<br />access by third parties.
<br />C. In no event shall Comcast, be liable for any loss,
<br />damage or claim arising out of or related to: (i) stored,
<br />transmitted, or recorded data, files, or software; (ii) any act or
<br />omission of Customer, its users or third parties; (iii)
<br />interoperability, interaction or interconnection of the Services
<br />with applications, equipment, services or networks provided
<br />by Customer or third parties; or (iv) loss or destruction of any
<br />Customer hardware, software, files or data resulting from any
<br />virus or other harmful feature or from any attempt to remove
<br />it. Customer is advised to back up all data, files and software
<br />prior to the installation of Service and at regular intervals
<br />thereafter.
<br />6.3 Disruption of Service. Notwithstanding the
<br />performance standards identified in a PSA, the Services are
<br />not fail-safe and are not designed or intended for use in
<br />situations requiring fail-safe performance or in which an error
<br />or interruption in the Services could lead to severe injury to
<br />business, persons, property or environment ("High Risk
<br />Activities"). These High Risk Activities may include, without
<br />limitation, vital business or personal communications, or
<br />activities where absolutely accurate data or information is
<br />required.
<br />6.4 Customer's sole and exclusive remedies are expressly set
<br />forth in the Agreement. Certain of the above exclusions may
<br />not apply if the state in which a Service is provided does not
<br />allow the exclusion or limitation of implied warranties or does
<br />not allow the limitation or exclusion of incidental or
<br />consequential damages. In those states, the liability of
<br />Comcast is limited to the maximum extent permitted by law.
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