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REV: 03-17-23 MI foregoing or anything herein to the contrary, Dropcountr shall have no obligation or liability whatsoever with respect to any error, incompleteness or other deficiencies with respect to such data obtained from Utility or any third party, or any results generated by the Platform Services on the basis thereof. 1.48.EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT (AND WITHOUT LIMITING REMEDIES TO WHICH UTILITY MAY BE ENTITLED UNDER THE SERVICE LEVEL AGREEMENT, IF APPLICABLE), DROPCOUNTR HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PLATFORM SERVICES AND IMPLEMENTATION SERVICES. DROPCOUNTR DOES NOT REPRESENT THAT UTILITY’S OR ANY CUSTOMER’S USE OF THE PLATFORM SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR THAT THE PLATFORM SERVICES WILL MEET UTILITY’S OR ANY CUSTOMER’S REQUIREMENTS, OR THAT ALL ERRORS IN THE PLATFORM SERVICES WILL BE CORRECTED OR THAT THE SYSTEM THAT MAKES THE PLATFORM SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT (AND WITHOUT LIMITING REMEDIES TO WHICH UTILITY MAY BE ENTITLED UNDER THE SERVICE LEVEL AGREEMENT, IF APPLICABLE), THE PLATFORM SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED TO UTILITY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE FOR INTERNAL COMMERCIAL USE ONLY. UTILITY ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE PLATFORM SERVICES ARE ACCURATE OR SUFFICIENT FOR UTILITY’S PURPOSES. 1.49.INDEMNIFICATION. Utility will indemnify, defend and hold harmless Dropcountr, its affiliates, managers, directors, employees, representatives, and agents, against any damages awarded by a court in connection with claims, demands, suits or proceedings made or brought by a third party arising from or related to (i) any material breach by Utility of this Agreement, (ii) any claim that the Utility Data, Customer Data, or any other data provided or made available by Utility hereunder infringes on the intellectual property rights of any third party or was provided by Utility without such party’s consent. 1.50.LIMITATION OF LIABILITY 1.51.Wavier of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUT EXCEPT WITH RESPECT TO ANY BREACH OF THE PARTIES’ OBLIGATIONS UNDER SECTION 10, 11 AND 22 OF THE AGREEMENT AND, SECTION 1.43 OR SECTION 1.17 OF THESE TERMS, AND WITHOUT LIMITING UTILITY’S OBLIGATIONS UNDER SECTION 1.49 OF THESE TERMS, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR LOST PROFITS, BUSINESS INTERRUPTION, , EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 1.52.Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUT EXCEPT WITH RESPECT TO ANY BREACH OF DROPCOUNTR’S OBLIGATIONS UNDER SECTION 10, 11 AND 22 OF THE AGREEMENT AND, SECTION 1.43 OF THESE TERMS, THE TOTAL LIABILITY OF DROPCOUNTR FOR DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY UTILITY TO DROPCOUNTR UNDERTHIS AGREEMENT . 1.53.THE LIMITATION ON LIABILITY SET FORT IN SECTION 1.51 AND THE LIABILITY CAP SET FORTH IN SECTION 1.52 SHALL NOT OPERATE TO LIMIT THE PROCEEDS PAYABLE FROM ANY INSURANCE COVERAGE REQUIRED OF DROPCOUNTR PURSUANT TO EXHIBIT ATTY/AGR.2023.056/Dropcountr, Inc. (Water Utility Customer Portal) (Page 25 of 32)