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negligence or more culpable act or omission (including recklessness or willful misconduct) <br />by Customer, any Authorized User, or any third party on behalf of Customer or any Authorized User, <br />in connection with this Agreement; <br />the modification of any alert setting or notification that is modified by or at the request of <br />Customer. <br />13.3 Indemnification Procedure. Each party shall promptly notify the other party in writing of any <br />Action for which such party believes it is entitled to be indemnified pursuant to Section 13.1 or <br />Section 13.2, as the case may be. The party seeking indemnification (the "Indemnitee") shall <br />cooperate with the other party (the "Indemnitor") at the Indemnitor's sole cost and expense. The <br />Indemnitor shall immediately take control of the defense and investigation of such Action and shall <br />employ counsel reasonably acceptable to the Indemnitee to handle and defend the same, at the <br />Indemnitor's sole cost and expense. The Indemnitee's failure to perform any obligations under this <br />Section 13.3 will not relieve the Indemnitor of its obligations under this Section 13 except to the <br />extent that the Indemnitor can demonstrate that it has been materially prejudiced as a result of such <br />failure. The Indemnitee may participate in and observe the proceedings at its own cost and expense <br />with counsel of its own choosing. <br />14. Limitations of Liability. <br />14.1 EXCLUSION OF DAMAGES. IN NO EVENT WILL EMNET OR ANY OF ITS <br />LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN <br />CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL <br />OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING <br />NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (a) LOSS OF <br />PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (b) <br />IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE EMNET <br />SERVICES, (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF <br />DATA OR SYSTEM SECURITY, OR (d) CONSEQUENTIAL, INCIDENTAL, INDIRECT, <br />EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF <br />WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR <br />DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND <br />NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS <br />ESSENTIAL PURPOSE. <br />14.2 CAP ON MONETARY LIABILITY. IN NO EVENT WILL THE COLLECTIVE <br />AGGREGATE LIABILITY OF EMNET AND ITS LICENSORS, SERVICE PROVIDERS AND <br />SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT <br />MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF <br />CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, <br />EXCEED THE AMOUNT OF FEES RECEIVED BY EMNET UNDER THIS AGREEMENT. THE <br />FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY <br />AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. <br />15. Force Majeure. <br />15 <br />