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incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation program is included as a loss, expense or cost of the purposes of this section. 10.4. Notwithstanding the foregoing in section 10.2, this IP Claim indemnification shall not apply to claims made by third parties in instances in which (a) Contractor simply followed the directions or instructions provided by City; (b) City changed, modified or altered the services rendered or tasks performed by Contractor such that, absent City's actions, no such claims would have been brought against Contractor and/or City; or (c) the claims asserted by a third party derive from the combination of technology and/or intellectual property of Contractor when used with City's owned or Iicensed technology and/or intellectual property such that, absent such combination, no such claims could have independently been brought by or against Contractor. 10.5. In order for City to obtain the indemnification from Contractor specified herein, City must: (a) promptly notify Contractor in writing of the claims for which indemnification is sought, except that any failure to provide this notice promptly only relieves IPS of its responsibility pursuant to this section to the extent its defense is materially prejudiced by the delay; (b) provide Contractor with copies of all pleadings, writings and documents pertaining to such claim; (c) permit Contractor to control the defense of such claim and all settlement discussions in regards to resolving such claim; and (d) provide reasonable cooperation to Contactor in regards to the litigation or negotiation of a resolution of such claim. Notwithstanding the foregoing sentence, Contractor will not admit fault by City or agree to any settlement that would impose obligations or restrictions on City (other than payment of sums which would be paid by the Contractor under this section) without City's prior written consent, unless all third party claims against City are released without any further liability on City's part. This paragraph shall survive the termination or expiration of this Agreement. 10.6. Nothing in this Agreement shall constitute any form of real or implied revenue guarantee by IPS. 10.7. Limits of Liability: NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES OR OTHER MONETARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND ANY ACTIONS OR OMISSIONS WITH RESPECT THERETO, WHETHER OR NOT ANY SUCH MATTERS OR CAUSES ARE WITHIN A PARTY'S CONTROL OR DUE TO NEGLIGENCE OR OTHER FAULT ON THE PART OF A PARTY, ITS AGENTS, AFFILIATES, EMPLOYEES OR OTHER REPRESENTATIVES, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, BREACH OF WARRANTY OR OTHERWISE. ANY LIABILITY INCURRED BY CONTRACTOR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE CONTRACT VALUE AS SET FORTH IN THIS AGREEMENT. THE LIMITATIONS IN THIS SUBSECTION 10.7 SHALL APPLY TO THIS ENTIRE AGREEMENT, PROVIDED, HOWEVER, THAT SUCH LIMITATIONS SHALL NOT APPLY TO THE CONTRACTOR'S INDEMNIFICATION OBLIGATIONS DESCRIBED ELSEWHERE IN THIS SECTION 10. REV: 05-05-16 JS Page 9 of 177 ATTY/AGR.2016.094/IPS Group