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5 <br /> DAMAGES EVEN IF HARRIS HAS BEEN ADVISED OF THE POSSIBILITY <br /> THEREOF. WITHOUT LIMITING THE GENERALITY OF THE <br /> FOREGOING, HARRIS SHALL NOT BE LIABLE FOR LOST PROFITS, <br /> LOST BUSINESS REVENUE, FAILURE TO REALIZE EXPECTED <br /> SAVINGS, OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, <br /> OR FOR ANY CLAIM WHATSOEVER AGAINST THE ORGANIZATION BY <br /> ANY OTHER PARTY. <br /> (e) CLAUSES (i) AND (ii) SHALL APPLY IN RESPECT OF ANY CLAIM, <br /> DEMAND OR ACTION BY THE ORGANIZATION IRRESPECTIVE OF THE <br /> NATURE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM, <br /> DEMAND OR ACTION, INCLUDING, BUT NOT LIMITED TO,BREACH OF <br /> CONTRACT, RESCISSION OF CONTRACT, OR TORT. <br /> 18. The parties hereby confirm that the waivers and disclaimers of liability, releases from <br /> liability, limitations and apportionments of liability, and exclusive remedy provisions <br /> expressed throughout this Support and Maintenance Agreement shall apply even in the <br /> event of default, negligence (in whole or in part), strict liability or breach of contract of <br /> the person released or whose liability is waived, disclaimed, limited, apportioned or fixed <br /> by such remedy provision, and shall extend to such person's affiliates and to its <br /> shareholders, directors, officers,employees and affiliates. <br /> 19. Where remedies are expressly afforded by this Support and Maintenance Agreement, <br /> such remedies are intended by the parties to be the sole and exclusive remedies of the <br /> Organization for liabilities of the Harris arising out of or in connection with this Support <br /> and Maintenance Agreement, notwithstanding any remedy otherwise available at law or <br /> in equity. <br /> 20. The Organization may, at Organization's option, enter into an escrow arrangement with <br /> Harris. Upon the Organization's request: <br /> (i) Organization shall be presented with the standard escrow beneficiary <br /> enrolment document for participation in Harris's source code escrow <br /> arrangement with an escrow agent(the"Escrow Arrangement"). <br /> (ii) By entering into this Escrow Arrangement, the Organization shall have all <br /> the rights as stipulated in the escrow agreement together with those rights <br /> which are more specifically outlined in Schedule "A", Escrow Terms, <br /> which shall form part of this Support and Maintenance Agreement in <br /> accordance with the terms of Schedule"A". <br /> (iii) No escrow in Third Party Software is provided. <br /> 21. This Support and Maintenance Agreement shall be governed by the laws of the State of <br /> Washington. <br /> 22. This Support and Maintenance Agreement may not be assigned by the Organization <br /> --5- <br /> 15 <br />