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BADGER METER <br />�III�IIIIIIII BEACONAM A MANAGER SOLUTION <br />ION � <br />Badger Meter MASTER AGREEMENT � t ��,erU" <br />BUT NOT LIMITED TO THE PORTAL, SERVICE, DOCUMENTATION OR THE SUBJECT <br />MATTER OF THIS AGREEMENT ("CLAIM"). <br />(c) IN NO EVENT SHALL BADGER METER BE LIABLE TO CUSTOMER, AN <br />AUTHORIZED USER, AN AUTHORIZED CONSUMER OR ANY THIRD PARTY FOR (A) <br />ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR <br />PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF; (B) ANY <br />CLAIMS RESULTING FROM LOSS OF DATA, CUSTOMER CONTENT, CUSTOMER <br />DATA, BREACH OF CONFIDENTIALITY, LOST REVENUE, LOST PROFITS, LOSS OF <br />CONTRACT OR OF OTHER ECONOMIC ADVERSITY; OR (C) ANY CLAIM ARISING IN <br />CONTRACT, TORT, OR OTHERWISE. <br />NEITHER BADGER METER NOR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS <br />WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT OR DAMAGES <br />ARISING IN CONNECTION WITH: (A) CUSTOMER'S INABILITY TO USE THE PORTAL <br />OR SERVICE, INCLUDING AS A RESULT OF ANY: (i) TERMINATION OR SUSPENSION <br />OF THIS AGREEMENT OR CUSTOMER'S USE OF OR ACCESS TO THE SERVICE; OR (h) <br />WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENT, <br />ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF <br />THE SERVICE FOR ANY REASON, INCLUDING BUT NOT LIMITED TO AS A RESULT <br />OF A POWER OUTAGE, SYSTEM FAILURE OR OTHER INTERRUPTION; (B) THE COST <br />OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY INVESTMENTS, <br />EXPENDITURES OR COMMITMENTS MADE BY CUSTOMER IN CONNECTION WITH <br />THIS AGREEMENT OR CUSTOMER'S USE OF OR ACCESS TO THE SERVICE OR (D) <br />ANY UNAUTHORIZED ACCESS TO, ALTERATION OR THE DELETION, <br />DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF CUSTOMER'S <br />CONTENT OR OTHER DATA. <br />(d) INDEPENDENT LIMITATIONS. THESE LIMITATIONS ARE INDEPENDENT FROM <br />ALL OTHER PROVISIONS OF THIS AGREEMENT AND WILL APPLY <br />NOTWITHSTANDING THAT A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND <br />IRRESPECTIVE OF THE MANNER IN WHICH THE CLAIM IS MADE. <br />(13) CAP ON DAMAGES. Notwithstanding anything to the contrary contained in this Agreement, <br />Badger Meter's total liability during the previous twelve month period from the date of the Claim for <br />Claims made by Customer or any third party against Badger Meter arising from or related to the <br />Portal, Service or Documentation may not exceed the amount charged by Badger Meter to Customer <br />©2019 Badger Meter, Inc. Confidential and Proprietary to the extent permitted by law Page 8 of 32 <br />