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2.denial of service resulting in downtime or loss of network connectivity in or at facilities,
<br />servers, workstations, network appliances, web applications, and web sites owned or
<br />operated by the Receiving Party, Client, or other third party;
<br />3.the corruption of any server or workstation operating system;
<br />4.the potential loss of data in the event that Performing Party determines that performance
<br />of its Services requires reload or reinstallation of an operating system on any server,
<br />workstation, or other appliance;
<br />5.access to corporate user accounts;
<br />6.viewing of data on network including email traffic, web traffic, and file transfer traffic;
<br />7.any potential impact to production systems resulting in transaction loss; or
<br />8.the potential compromise of any computer, server, workstation, or other system
<br />resulting from work performed by the Performing Party that may make any such device
<br />vulnerable to attack.
<br />12.EXCLUSION OF CONSEQUENTIAL DAMAGES
<br />In no event shall any Party or their affiliates, or its affiliates, directors, partners, counsel
<br />or of-counsel, associates, officers, shareholders, employees, representatives and agents, vendors,
<br />subcontractors, be liable for any consequential, indirect, punitive, incidental or other special
<br />damages of any kind arising under or in relation to this Agreement, however caused, including
<br />loss of profits or revenue, work interruption, loss of data, increased cost of work, or any claims or
<br />demands against it by any other entity, regardless of whether arising under contract, tort
<br />(including negligence), strict liability or otherwise, and regardless of whether such party knew,
<br />had reason to know or should have known of the possibility of such damages. In no event shall
<br />this Section 12 be deemed to have failed of its essential purpose, and neither party shall allege or
<br />claim the foregoing. This Section does not limit any PartyÓs indemnification obligations or any
<br />liability arising from a breach of confidentiality.
<br />13.COLLABORATION
<br />13.1 Cooperation. Client agrees to comply with all reasonable requests from Performing
<br />Party that are necessary for it to perform the Services and to provide access to all documents,
<br />artifacts, systems, networks, computers, and any other Client information reasonably necessary for
<br />Performing Party to perform its duties under this Agreement. In providing Performing Party with
<br />access to such documents, artifacts, systems, networks, computers, and any other Client
<br />information, Counsel acknowledges and represents that it has the authority to provide Performing
<br />Party and, where applicable, its subcontractors with such access. Performing Party shall be entitled
<br />to rely upon any instructions by Counsel regarding this Agreement or the Services performed under
<br />any SOW. Performing Party agrees to comply with reasonable requests of Counsel in order for
<br />Performing Party to perform its duties under this Agreement. Client further acknowledges and
<br />agrees that in connection with a ransomware negotiation, it may be necessary to provide encrypted
<br />file samples to a third party to determine Ðproof of lifeÑ or proof of decryption capability. These
<br />files could contain personal data for which Client is solely responsible. By granting permission to
<br />Arete to upload encrypted file samples in connection with proof of life decryption validation,
<br />Client agrees to indemnify, defend, and hold harmless Arete as set forth in Section 10.1.
<br /> /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ
<br />tğŭĻА
<br />www.areteir.com
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