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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 />tğŭĻ΋А <br />www.areteir.com <br /> <br />