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OR BREACH OF FIDUCIARY DUTY EVEN IF SUCH OTHER PARTY HAS <br />BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH <br />DAMAGES. <br />5.2 Intent <br />The parties agree that the limitation of liability as set out in Section 5.1 above <br />shall apply under any circumstances (including as a result of a default under this Agreement, a <br />tort related claim or breach of contract). For the purposes of Section 5.1 only, a party relying on <br />the limitation of liability shall be deemed to include that parry's shareholders, directors, officers, <br />employees, elected officials and affiliates. <br />5.3 Remedies <br />Where remedies are expressly afforded by this Agreement, such remedies are <br />intended by the parties to be the sole and exclusive remedies of the Organization for liabilities of <br />Harris arising out of or in connection with this Agreement, notwithstanding any remedy <br />otherwise available at law or in equity, <br />ARTICLE VI <br />GENERAL <br />6.1 Force Maieure <br />Neither party shall be liable for delay or failure in performance resulting from <br />acts beyond the control of such party including, but not limited to, acts of God, acts of war or of <br />the public enemy, riots, fire, flood, or other natural disaster, acts of government, strike, walkout, <br />communication line or power failure, failure in operability or destruction of the Organization's <br />computer (unless by reason of the negligence of a party to this Agreement) or failure or <br />inoperability of any software other than the Software. Any applicable delivery schedule shall be <br />extended by a period of time equal to the time lost because of any such delay. <br />6.2 Confidentiality <br />(a) Duty Owed to the Organization -- Harris acknowledges that it may receive <br />information from the Organization or otherwise in connection with this <br />Agreement or the performance of the Services. Except for information in the <br />public domain, unless such information falls into the public domain by disclosure <br />or other acts of the Organization or through the fault of the Organization, Harris <br />agrees: <br />(i) to maintain this information in confidence; <br />(ii) not to use this information other than in the course of this Agreement; <br />(iii) not to disclose or release such information except on a need -to -know only <br />basis; <br />-9- <br />