times during the Term of
this Agreement, it is duly organized, in good standing and legally qualified to
do business in the jurisdiction in which the Savvis Premises designated for use
by Customer are located (and has all required licenses, permits and other such
items), and that this Agreement has been fully authorized by each party and no
further approvals are required. Savvis further represents and warrants that the
Services rendered pursuant to this Agreement shall be performed in accordance
with the applicable SLAs, which provide Customer's sole and exclusive remedies
for any Service deficiencies, and in accordance with any and all applicable
laws, codes, rules, regulations or other governmental or regulatory
requirements.
11.Disclaimer of Warranties. THE FOLLOWING DISCLAIMERS SHALL NOT LIMIT
CUSTOMER'S ABILITY TO SEEK ANY APPLICABLE SLA REMEDIES INCLUDING BUT NOT LIMITED
TO CREDITS AND TERMINATION RIGHTS CONTAINED IN SUCH SLA. THE SERVICES AND ANY
RELATED EQUIPMENT, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, SOFTWARE
AND OTHER MATERIALS PROVIDED BY SAVVIS IN CONNECTION WITH THE SERVICES ARE
PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
COMPLETENESS, COMPATIBILITY OF SOFTWARE OR EQUIPMENT, OR ANY RESULTS TO BE
ACHIEVED THEREFROM. SAVVIS MAKES NO WARRANTIES OR REPRESENTATIONS THAT ANY
SERVICE WILL BE FREE FROM LOSS OR LIABILITY ARISING OUT OF HACKING OR SIMILAR
MALICIOUS ACTIVITY, OR ANY ACT OR OMISSION OF THE CUSTOMER.
12.Limitation on Liabilitv. (a) EXCEPT FOR BREACH OF CONFIDENTIALITY
OBLIGATIONS, INDEMNIFICATION, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER
PARTY, NOR ITS AFFILIATES, CONTRACTORS, SUPPLIERS OR AGENTS, SHALL BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, CONSEQUENTIAL DAMAGES,
ANY LOST OR IMPUTED PROFITS OR REVENUES, REGARDLESS OF THE LEGAL THEORY UNDER
WHICH SUCH LIABILITY IS ASSERTED, AND REGARDLESS OF WHETHER A PARTY HAD BEEN
ADVISED OF THE POSSIBILITY OF. SUCH LIABILITY. EXCEPT FOR BREACH OF
CONFIDENTIALITY OBLIGATIONS, SAVVIS' INDEMNIFICATION OBLIGATION UNDER SECTION 13
(INTELLECTUAL PROPERTY INFRINGEMENT) (BUT WHICH IS SUBJECT TO SUBSECTION 12(b)
BELOW), GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND CUSTOMER'S PAYMENT
OBLIGATIONS HEREUNDER AND CUSTOMER'S OBLIGATIONS SET FORTH IN SECTION 8 (BUT
WHICH ARE SUBJECT TO SUBSECTION 12(b) BELOW), THE TOTAL AGGREGATE LIABILITY OF
EACH PARTY ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO TWENTY
FOUR (24) TIMES THE MONTHLY RECURRING CHARGES PAID OR PAYABLE IN THE MONTH
IMMEDIATELY PRECEDING THE DATE IN WHICH THE CLAIM ARISES ("GENERAL LIABILITY
CAP").
(b)
NOTWITHSTANDING THE LIMITATIONS ON
DAMAGES SET FORTH IN SUBSECTION 12(a) ABOVE, THE GENERAL LIABILITY CAP WILL NOT
APPLY (AND NO CAP WILL APPLY) TO: (i) SAVVIS' INDEMNIFICATION OBLIGATIONS UNDER
SECTION 13, TO THE EXTENT ARISING FROM CUSTOMER'S USE OF SAWIS-OWNED TECHNOLOGY;
OR (ii) CUSTOMER'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 8 TO THE EXTENT
ARISING FROM THIRD PARTY CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE. THE
TOTAL AGGREGATE LIABILITY OF SAVVIS WITH RESPECT TO ITS INDEMNIFICATION
OBLIGATIONS UNDER SECTION 13 (INTELLECTUAL PROPERTY INFRINGEMENT) TO THE EXTENT
ARISING FROM CUSTOMER'S USE OF THIRD­ PARTY TECHNOLOGY OR