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