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Terms and Conditions Version 1 February 2022 <br />ChargePoint, Inc. <br />240 East Hacienda Avenue <br />Campbell CA 95008 USA. <br /> <br /> <br />11 <br />e are caused by, or incurred in connection with, Client’s and/or any third party’s software, hardware and/or <br />services, including, without limitation, such software, hardware and/or services used instead of the <br />Units, installation services and/or any operability provided by Client and/or any third party; <br />f are caused by (the malfunctioning of) an internet- or other connection required for the access and/or <br />use of the Service; <br />g are caused by or result from any advice given in any way, shape or form by ViriCiti to Client, <br />other than advice provided in writing following a specifically written assignment to provide <br />such advice as subsequently accepted in writing by ViriCiti.; <br />16.4 IN NO EVENT SHALL VIRICITI'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO <br />THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, <br />TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS <br />PAID TO VIRICITI FOR THE GOODS AND SERVICES SOLD HEREUNDER DURING THE 6 <br />MONTH PERIOD IMMEDIATELY PRIOR TO THE OCCURRENCE OF THE EVENT GIVING RISE <br />TO LIABILITY. <br />IF A FAILURE OR UNLAWFUL CONDUCT IS RELATED TO AN ASSIGNMENT TO PROVIDE A <br />SERVICE OTHER THAN A SAAS SERVICE OR OTHER THAN ANOTHER SERVICE THAT IS <br />DELIVERED OVER TIME AGAINST A RECURRING FEE, SUCH AS DEVELOPING CUSTOMIZED <br />SOFTWARE FOR CLIENT, INSTALLATION SERVICES OR AN ADVICE, THE LIABILITY OF <br />VIRICITI IS LIMITED TO THE FEE FOR THAT SPECIFIC ASSIGNMENT. <br />16.5 Liability shall at any time be limited to the direct damage suffered by Client. Direct damage only <br />contains out-of-pocket costs which Client necessarily had to incur pursuant to the event giving <br />rise to the damage. Without limitation, loss of goodwill, (possible) loss of (future) turnover or profit, <br />claims of third parties because of other than direct damage, working hours of employees and <br />such shall not be eligible for compensation. IN NO EVENT SHALL VIRICITI BE LIABLE TO <br />CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF <br />DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, <br />SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF <br />CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF <br />WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS <br />BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE <br />FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. <br />16.6 The limitations of liability of ViriCiti do not apply if the liability is caused by gross negligence or <br />intent of ViriCiti’s management team or if and in as far as the liability cannot be limited because of <br />applicable mandatory law. <br />16.7 Client must promptly notify ViriCiti of breach or default of this Agreement in writing. After receipt <br />of a default notice, ViriCiti shall have a commercially reasonable period of time to attempt to cure <br />a breach. The default notice shall contain a sufficiently detailed description of the breach or <br />default in order to enable ViriCiti to react adequately. <br />16.8 Claims of Client under or in connection with the Agreement will expire after one (1) year, starting <br />on the day that Client becomes aware or should have been aware of the grounds for the claim. <br />16.9 Client shall indemnify ViriCiti from any claim by any third party, including its personnel, based on <br />the use Client makes of the Service, without prejudice to the obligations of ViriCiti under these