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3 <br />BASIC PROVISIONS <br />Additional <br />Provision(s) <br />LIMITATION OF LIABILITY. (A) NOTWITHSTANDING ANYTHING TO THE <br />CONTRARY IN THIS AGREEMENT, SERVICE PROVIDER SHALL NOT BE <br />LIABLE TO THE CITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, <br />PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, <br />WITHOUT LIMITATION, DAMAGES FOR INTERRUPTION OF SERVICES, <br />LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF <br />DATA, OR LOSS OR INCREASED EXPENSE OF USE), WHETHER IN AN <br />ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT <br />LIMITATION, NEGLIGENCE), OR STRICT LIABILITY, EVEN IF ADVISED OF <br />THE POSSIBILITY OF SUCH LIABILITIES. (B) EXCEPT FOR GROSS <br />NEGLIGENCE OR WILLFUL MISCONDUCT, SERVICE PROVIDER’S TOTAL <br />AGGREGATE LIABILITY TO THE CITY ARISING OUT OF THE WORK, <br />REGARDLESS OF THE LEGAL THEORY UPON WHICH SUCH LIABILITY MAY <br />BE BASED, SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY <br />THE CITY TO SERVICE PROVIDER THEREFOR. <br />END OF BASIC PROVISIONS <br />