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B. In no event shall any Party, nor its officers, agents, employers, or representatives be liable <br /> for any direct, indirect, incidental, special, exemplary, or consequential damages <br /> (including,but not limited to,procurement of substitute goods or services, loss of use, <br /> data, or profits, or business interruption)however caused and on any theory of liability, <br /> whether in contract, strict liability, or tort (including negligence or otherwise) arising in <br /> any way, directly or indirectly, from this MOU,participation in the Solicitation, or any <br /> agreement(s)between a Party and any third party, even if advised of the possibility of <br /> such damage. <br /> C. Each Party is responsible for negotiation, execution, administration and enforcement of <br /> any contract with a Vendor or third party related to the subject matter of this MOU, and <br /> the agreements ultimately entered into by each Party shall not be cross-defaulted or cross- <br /> collateralized in any respect with the agreements entered into by any other Party to this <br /> MOU. <br /> D. No waiver by any Party to this MOU of any breach or violation of any term or condition <br /> of this MOU shall be deemed to be a waiver of any other term or condition contained <br /> herein or a waiver of any subsequent breach or violation of the same or any other term or <br /> condition. <br /> SECTION 6.NOTICES <br /> Notices shall be deemed effective on the date delivered if delivered by personal service or <br /> nationally recognized overnight delivery service, or, if mailed, three (3) days after deposit in the <br /> U.S. Postal Service mail. All notices and other communications required or permitted to be <br /> given under this MOU shall be in writing and shall be personally served, delivered by overnight <br /> service, or by mail, first class, certified or registered postage prepaid and return receipt <br /> requested, addressed to the respective Parties as follows: <br />