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<br /> MYTH ICS'
<br /> Unrivaled Oracle Expertise
<br /> limiting the foregoing,workers' compensation and death claims),or property loss or damage of any
<br /> kind,which arise out of or are in any manner connected with,or are claimed to arise out of or be in
<br /> any manner connected with services or products provided by COMPANY under this agreement
<br /> which may be attributed to negligence by COMPANY.
<br /> B. Indemnification by CLIENT. CLIENT shall indemnify,defend and hold harmless COMPANY,
<br /> and its directors,officers,employees,agents,affiliates,subsidiaries,successors and assigns,from and
<br /> against any liens, damages, suits, charges, losses, fines, penalties, costs, liabilities, interest and
<br /> expenses (including reasonable attorneys' fees) relating to or arising from, directly or indirectly, in
<br /> whole or in part: (i) CLIENT's breach of this Agreement or any Statement of Work; (ii) any act or
<br /> omission of CLIENT; (iii) any personal or bodily injury to or death of any Personnel while on
<br /> assignment to CLIENT; and (iv) any violation of law by CLIENT or any of its directors, officers,
<br /> employees, agents, consultants, affiliates or visitors to the Worksite, including any claims by
<br /> COMPANY Personnel of any acts of harassment or discrimination against them while at the Worksite
<br /> or as a result of such Personnel's relationship with the CLIENT.
<br /> Each party agrees to give the other party (i) prompt written notice of any claims for which the party
<br /> knows or reasonably should know that it may be liable under the foregoing indemnification and(ii)
<br /> the sole control to defend, negotiate, and settle such claims provided that the other party's prior
<br /> written consent will be required for any settlement that admits liability on the other party's behalf or
<br /> that reasonably can be expected to require an affirmative obligation of or result in any ongoing
<br /> liability to the other party. Each party shall provide the other party with all necessary information
<br /> in its possession and all reasonable assistance necessary to enable the party to carry on the defense of
<br /> such suit.
<br /> VIII. LIMITATION OF LIABILITY
<br /> UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT,
<br /> INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING,
<br /> WITHOUT LIMITATION,DAMAGES FOR LOST PROFITS,REVENUE,DATA,USE,OR SAVINGS)
<br /> INCURRED BY EITHER PARTY, OR ANY THIRD PARTY, WHETHER IN AN ACTION IN
<br /> CONTRACT OR TORT, EVEN IF THE OTHER PARTY OR ANY OTHER PERSON HAS BEEN
<br /> INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S TOTAL LIABILITY
<br /> UNDER THIS AGREEMENT,FOR ANY CAUSE OF ACTION WHATSOEVER,SHALL BE LIMITED
<br /> TO THE AMOUNT OF FEES PAID BY CLIENT UNDER THE APPLICABLE STATEMENT OF
<br /> WORK FROM WHICH SUCH LIABILITY ARISES. CLIENT'S TOTAL LIABILITY UNDER THIS
<br /> AGREEMENT, FOR ANY CAUSE OF ACTION WHATSOEVER, SHALL BE LIMITED TO THE
<br /> AMOUNT OF FEES TO BE PAID BY CLIENT UNDER THE APPLICABLE STATEMENT OF WORK
<br /> FROM WHICH SUCH LIABILITY ARISES.
<br /> IX. MISCELLANEOUS
<br /> A. Assignment. This Agreement and any rights or obligations hereunder may not be assigned or
<br /> delegated by either party without the prior written consent of the other party; provided that
<br /> COMPANY may subcontract all or a portion of the Services to a Subcontractor of COMPANY's
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<br /> 1439 N. Great Neck Rd.,Virginia Beach,VA 234541757 412 4362 1 Fax: 757.412.1060 1 www.mythics.com
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