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95 <br />2021 Amended and Restated WSA 17162043.1 <br />8.14. Limitations on Damages <br />A. Unless otherwise prohibited by this Agreement, general or direct damages may <br />be recovered for a breach of a party’s obligations under this Agreement. No party is liable for, <br />or may recover from any other party, special, indirect or consequential damages or incidental <br />damages, including, but not limited to, lost profits or revenue. No damages may be awarded for <br />a breach of Section 8.17. <br />B. The limitations in subsection A apply only to claims for damages for an alleged <br />breach of this Agreement. These limitations do not apply to claims for damages for an alleged <br />breach of a legal duty that arises independently of this Agreement, established by constitution or <br />statute. <br />C. If damages would be an inadequate remedy for a breach of this Agreement, <br />equitable relief may be awarded by a court in a case in which it is otherwise proper. <br />D. This section does not apply to any claim of breach for which arbitration is the <br />exclusive remedy pursuant to Section 8.01.A. <br />8.15. Force Majeure <br />A. Excuse from Performance. No party shall be liable in damages to any other <br />party for delay in performance of, or failure to perform, its obligations under this Agreement, <br />including the obligations set forth in Sections 3.09 and 4.06, if such delay or failure is caused by <br />a “Force Majeure Event.” <br />B. Notice. The party claiming excuse shall deliver to the other parties a written <br />notice of intent to claim excuse from performance under this Agreement by reason of a Force <br />Majeure Event. Notice required by this section shall be given promptly in light of the <br />circumstances, and, in the case of events described in (c), (d) or (e) of the definition of Force <br />Majeure Event only, not later than ten (10) days after the occurrence of the Force Majeure <br />Event. Such notice shall describe the Force Majeure Event, the services impacted by the <br />claimed event, the length of time that the party expects to be prevented from performing, and <br />the steps which the party intends to take to restore its ability to perform. <br />C. Obligation to Restore Ability to Perform. Any suspension of performance by a <br />party pursuant to this section shall be only to the extent, and for a period of no longer duration