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with any other devices or programs not authorized by INJURY OR DEATH,PROXIMATELY CAUSED
<br /> TNS,or(3)Customer has modified Services or BY THE PARTY'S GROSS NEGLIGENCE OR
<br /> Licensed Material in a manner that has not been WILLFUL MISCONDUCT.
<br /> authorized in writing by TNS. This Paragraph 6(c)
<br /> provides the sole and exclusive obligations and (ii) NEITHER TNS NOR CUSTOMER
<br /> remedies of the parties in connection with any third SHALL BE LIABLE FOR ANY INDIRECT,
<br /> party claims,actions, suits,or other demands INCIDENTAL,CONSEQUENTIAL,RELIANCE,
<br /> described in this Paragraph 6(c)or which otherwise PUNITIVE OR SPECIAL DAMAGES,
<br /> asserts a violation of a third party's intellectual INCLUDING LIMITATION DAMAGES FOR
<br /> property rights. HARM TO BUSINESS,LOST PROFITS,LOST
<br /> SAVINGS OR LOST REVENUES,WHETHER OR
<br /> 7. Warranty and Limitation of Liability NOT SUCH PARTY HAS BEEN ADVISED OF
<br /> THE POSSIBILITY OF SUCH DAMAGES;
<br /> (a) Under this Agreement,TNS provides PROVIDED HOWEVER THAT NOTHING
<br /> services and related goods. TNS warrants that it will CONTAINED IN THIS CLAUSE(ii)SHALL
<br /> perform the Services in a workmanlike manner in LIMIT CUSTOMER'S LIABILITY TO PAY ANY
<br /> accordance with applicable laws and regulations. CHARGES,FEES AND/OR AMOUNTS DUE
<br /> Products, software or services sold or provided by HEREUNDER FOR SERVICES ACTUALLY
<br /> TNS under this Agreement,are governed solely by PROVIDED BY TNS TO CUSTOMER
<br /> the terms and conditions set forth in this Agreement PURSUANT TO THE TERMS HEREOF.
<br /> and any applicable Attachments, including any
<br /> warranties,guarantees,service level agreements or (iii) These limitations of liability shall apply
<br /> other obligations of TNS under such Attachments. regardless of the form of action,whether in contract,
<br /> Customer understands and agrees that the service warranty,strict liability or tort,including without
<br /> credits, if any, set forth under such Attachments shall limitation negligence of any kind,whether active or
<br /> be Customer's sole remedy and the sole liability of passive,and shall survive failure of an exclusive
<br /> TNS with respect to any failure by TNS to meet the remedy.
<br /> performance standards set forth under the applicable
<br /> Attachment, TNS makes no other warranty or (iv) TNS shall not be liable for(A)service
<br /> guarantee,express or implied,under this Agreement, impairments caused by acts within the control of
<br /> and TNS expressly disclaims any implied warranties Customer,its customers,employees,agents,
<br /> of merchantability and fitness for a particular subcontractors,suppliers or licensees or(B)
<br /> purpose. interoperability of specific customer applications.
<br /> 8. Not Used.
<br /> (b) For purposes of this Paragraph 7(b),TNS
<br /> includes TNS and any affiliated and subsidiary 9. General
<br /> companies of TNS,and the directors,employees,
<br /> officers,agents,subcontractors and suppliers of all of (a) Customer and TNS shall make a good faith
<br /> them. effort to settle any disputes that may arise with
<br /> respect to the terms and conditions or any subject
<br /> (i) EXCEPT FOR EACH PARTY'S matter referred to in or governed by this Agreement
<br /> INDEMNIFICATION OBLGIATIONS SET FORTH within sixty(60)days from the date the dispute is
<br /> HEREIN,EITHER PARTY'S LIABILTY TO THE first discussed between the parties. If such dispute
<br /> OTHER PARTY ON ACCOUNT OF ANY ACTS cannot be so settled through each party's respective
<br /> OR OMISSIONS RELATING TO THIS escalation procedures,then the parties agree to
<br /> AGREEMENT SHALL BE LIMITED TO PROVEN submit the matter to binding arbitration. Any
<br /> DIRECT DAMAGES IN AN AGGREGATE controversy or claim arising out of or relating to this
<br /> AMOUNT NOT TO EXCEED AN AMOUNT contract,or the breach thereof,shall be settled by
<br /> EQUAL TO THE AMOUNT PAID BY CUSTOMER arbitration administered by the American Arbitration
<br /> TO TNS DURING THE SIX(6)MONTHS Association under its Commercial Arbitration Rules,
<br /> PRECEDING THE MONTH IN WHICH THE and judgment on the award rendered by the
<br /> CAUSE OF ACTION AROSE. HOWEVER, arbitrator(s)may be entered in any court having
<br /> NOTHING IN THIS SUBPARAGRAPH 7(b)(i) jurisdiction thereof. All arbitration costs including
<br /> LIMITS EITHER PARTY'S LIABILITY FOR reasonable outside counsel attorneys' fees shall be
<br /> DIRECT DAMAGES TO REAL OR TANGIBLE paid by the non-prevailing party. The parties agree to
<br /> PERSONAL PROPERTY,OR FOR BODILY be bound by the decision and award of the
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