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WARRANTY,EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING WITHOUT <br /> LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A <br /> PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE <br /> SERVICES OR ANY MATERIALS FURNISHED,AND ALL OTHER WARRANTIES AND <br /> CONDITIONS ARE EXPRESSLY DISCLAIMED. <br /> 293 Limitation of Liability. Without limitation on any other provision hereof and <br /> except for express payment obligations,each party agrees that the other party's total aggregate <br /> liability hereunder for any costs or damages,including liability for breach of warranty, <br /> negligence, strict liability in tort,or otherwise,regardless of form of action,shall be limited to <br /> the amount equaling the total fees paid by City to Service Provider(other than out-of-pocket <br /> expenses)hereunder during the twelve(12) months period preceding the time that the cause of <br /> action arose. <br /> 29.4 NO INDIRECT DAMAGES.IN NO EVENT SHALL EITHER PARTY BE <br /> LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES <br /> INCLUDING, WITHOUT LIMITATION ANY LOSS OF ACTUAL OR ANTICIPATED <br /> PROFIT, BUSINESS, SAVINGS OR GOODWILL EVEN IF ADVISED OF THE <br /> POSSIBILITY OF SUCH DAMAGES. <br /> Page 10 <br /> Feeney Wireless 2017 <br />