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payment of any applicable duties and sales/consumption taxes. The fee structure and <br />payment schedule is outlined in the attached Schedule "B". The License is subject to the <br />full payment of the license fees. <br />(b) Except for any aspect of the license fee which is payable on the date that this License <br />Agreement is executed, in which case the payment is due on the date of execution, during <br />the term of this License Agreement Organization shall have thirty (30) days after the date <br />outlined in the payment schedule in Schedule "B" to pay Harris the applicable license <br />fee. <br />ARTICLE V. <br />REMEDIES, LIABILITY AND INDEMNITY <br />Section 5.01 Remedies and Liability <br />(a) Termination of this License Agreement shall not affect any right of action of either party <br />arising from anything which was done or not done, as the case may be, prior to the <br />termination taking effect. <br />(b) The Organization and Harris recognize that circumstances may arise entitling the <br />Organization to damages for breach or other fault on the part of Harris arising from this <br />License Agreement. The parties agree that in all such circumstances the Organization's <br />remedies and Harris's liabilities will be limited as set forth below and that these <br />provisions will survive notwithstanding the termination or other discharge of the <br />obligations of the parties under this License Agreement. <br />(i) EXCEPT FOR DAMAGES ARISING OUT OF (a) HARRIS'S BREACH OF <br />ITS CONFIDENTIALITY OBLIGATIONS, (b) HARRIS'S INTENTIONAL <br />MISREPRESENTATION, GROSS NEGLIGENCE OR WILLFUL <br />MISCONDUCT, OR (c) HARRIS'S INDEMNIFICATION OBLIGATIONS SET <br />FORTH IN SECTION 5.03, BOTH PARTIES AGREE THAT HARRIS'S <br />LIABILITY (UNDER BREACH OF CONTRACT, NEGLIGENCE, STRICT <br />LIABILITY OR OTHERWISE), IF ANY, FOR ANY DIRECT DAMAGES <br />RELATING TO OR ARISING UNDER THIS LICENSE AGREEMENT SHALL <br />NOT EXCEED IN THE AGGREGATE THE LICENSE FEES PAID TO <br />HARRIS BY THE ORGANIZATION IN CONNECTION WITH THIS <br />LICENSE AGREEMENT. <br />(ii) IN ADDITION TO THE FOREGOING, NEITHER PARTY SHALL BE <br />LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR <br />OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO <br />LOST REVENUE OR LOSS OF PROFITS, EVEN IF SUCH OTHER PARTY <br />HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF <br />SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF <br />ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. <br />-8- <br />