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Suppliers, ff Lhe aefion Is arising from or relating to; (a) emptoyment-related claims ariafng out of Customer's configuration of the Services; (b)
<br />Customer's modfNcation or combination of the Services with other services, softwe of equipment not furnished by Kronos, provided that such
<br />Customer modiS ation andlor combirtatlon is the cause of such inMngemant and was not authorized by Kronos, or, (c) a dakn that the Customer
<br />Content Infringes in any manner any Intellectuat property right of any third party, or any of the Customer Content Contains any material or
<br />Information that Is obscene, defamalory, libelous, or slanderous violates any person's right of publlefty, Privacy or personality. or has otherwise
<br />caused or resulted In any tort, Injury, damage or harm to any other Parson. Customer will have sale control of the deferme of any such action and
<br />all negotiations for Its settlement or compromise. Kronor wail cooperate fully at Customer's expense with Customer In the defense, settlement or
<br />Compromise of any such adlon.
<br />13. LIMITATION OF LIABILITY
<br />131 EXCEPT AS SPECIFICALLY PROVIDED WITHIN THIS AGREEMENT, KRONOS AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY
<br />INJURIES CAUSED BY THE USE OF THE SERVICES OR BY ANY ERRORS, DELAYS, INTERRUPTIONS IN TRANSMISSION, OR FAILURES
<br />OF THE SERVICES,
<br />13.2 EXCEPT FOR KRONOS' INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 12 ABOVE, THE TOTAL AGGREGATE
<br />LIABILITY OF KRONOS OR ITS SUPPLIERS TO CUSTOMER ANWOR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT
<br />SHALL BE LIMITED TO DIRECT DAMAGES PROVEN BY CUSTOMER, SUCH DIRECT DAMAGES NOT TO EXCEED AN AMOUNT EQUAL
<br />TO THE TOTAL NET PAYMENTS RECEIVED BY KRONOS FOR THE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY
<br />PRECEDING THE DATE IN WHICH THE CLAIM ARISES.
<br />13.3 IN NO EVENT SHALL KRONOS OR ITS SUPPLIERS, THEIR AFFILIATES, SERVICE PROVIDERS, OR AGENTS BE LIABLE TO
<br />CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR
<br />ANY LOST OR IMPUTED PROFITS OR REVENUES, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING
<br />FROM DELAYS, NONDELIVERiES, MISDELIVERIES OR SERVICES INTERRUPTION, HOWEVER CAUSED, ARISING FROM OR RELATED
<br />TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED,
<br />WHETHER BREACH OF WARRANTY, INDEMNIFICATION, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND WHETHER LIABILITY
<br />IS ASSERTED IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER KRONOS OR SUPPLIER HAS BEEN ADVISED
<br />OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE.
<br />13.4 EXCEPT WITH RESPECT TO LIABILITY ARISING FROM KRONOS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, KRONOS
<br />DISCLAIMS ANY AND ALL LIABILITY, INCLUDING SUCH LIABILITY RELATED TO A BREACH OF DATA SECURITY AND CONFIDENTIALITY
<br />OBLIGATIONS, RESULTING FROM ANY EXTERNALLY INTRODUCED HARMFUL PROGRAM (INCLUDING VIRUSES, TROJAN HORSES,
<br />AND WORMS), CUSTOMER'S CONTENT OR APPLICATIONS, THIRD PARTY UNAUTHORIZED ACCESS OF EQUIPMENT, SOFTWARE OR
<br />SYSTEMS, OR MACHINE ERROR
<br />
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