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NORTHISTAR" <br />(d) IN ADDITION TO THE FOREGOING, NEITHER PARTY SHALL BE <br />LIABLE TO THE OTHER FOR ANY CLAIMS FOR CONSEQUENTIAL <br />DAMAGES, INCIDENTAL DAMAGES, INDIRECT DAMAGES, SPECIAL <br />DAMAGES, AGGRAVATED DAMAGES, LOSS OF REVENUE, LOSS OF <br />PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF DATA, <br />LOSS OF BUSINESS OPPORTUNITY EITHER UNDER OR RELATING TO <br />THIS SUPPORT AND MAINTENANCE AGREEMENT OR ITS SUBJECT <br />MATTER, WHETHER BASED ON BREACH OF RESCISSION OF <br />CONTRACT, TORT, BREACH OF TRUST, OR BREACH OF FIDUCIARY <br />DUTY EVEN IF SUCH OTHER PARTY HAS BEEN ADVISED OF THE <br />LIKELIHOOD OF THE OCCURRENCE OF SUCH DAMAGES AND <br />NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF <br />ANY LIMITED REMEDY. <br />The parties hereby confirm that the waivers and disclaimers of liability, releases from <br />liability, limitations and apportionments of liability, and exclusive remedy provisions <br />expressed throughout this Support and Maintenance Agreement shall apply even in the event <br />of default, negligence (in whole or in part), strict liability or breach of contract of the person <br />released or whose liability is waived, disclaimed, limited, apportioned or fixed by such remedy <br />provision, and shall extend to such person's affiliates and to its shareholders, directors, <br />officers, employees and affiliates. <br />Where remedies are expressly afforded by this Support and Maintenance Agreement, such <br />remedies are intended by the parties to be the sole and exclusive remedies of the Organization <br />for liabilities of the Harris arising out of or in connection with this Support and Maintenance <br />Agreement, notwithstanding any remedy otherwise available at law or in equity. <br />The Organization may, at Organization's option, enter into an escrow arrangement with <br />Harris. Upon the Organization's request: <br />Organization shall be presented with the standard escrow beneficiary enrolment document for <br />participation in Harris's source code escrow arrangement with an escrow agent (the "Escrow <br />Arrangement"). <br />By entering into this Escrow Arrangement, the Organization shall have all the rights as <br />stipulated in the escrow agreement together with those rights which are more <br />specifically outlined in Schedule "A", Escrow Terms, which shall form part of <br />this Support and Maintenance Agreement in accordance with the terms of Schedule <br />"A„ <br />This Support and Maintenance Agreement shall be governed by the laws of the province of <br />Ontario and Canada applicable therein. <br />No rthStar Pro posa I Response —South Bend Indiana <br />