LEVEL COMMITMENTS AS ESPRESSLY SET FORTH
IN EXHIBIT C.
b.
EQUINIX DOES NOT WARRANT THAT THE SERVICES PROVIDED HEREUNDER
WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. EQUINIX DOES NOT MAKE,
AND EQUINIX HEREBY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT AND
EXHIBIT C, EQUINIX DOES NOT MAKE, AND HEREBY DISCLAIM, ALL EXPRESS WARRANTIES.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, INCLUDING EXHIBIT C, ALL
SERVICES PROVIDED PURSUANT TO THIS AGREEMENT ARE PROVIDED OR PERFORMED ON AN "AS
AVAILABLE" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS SOLELY AT ITS OWN RISK.
c.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT,
EXCLUDING CLAIMS FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL
EQUINIX OR CUSTOMER BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES,
INCLUDING LOST PROFITS, LOSS OF BUSINESS, LOSS OF REVENUES, LOSS OF DATA,
INTERRUPTION OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR ANY OTHER TYPE OF DAMAGES OTHER THAN DIRECT DAMAGES.
d.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BUT
EXCLUDING LIABILITY UNDER SECTION 5, EQUINIX'S TOTAL LIABILITY TO CUSTOMER IN
THE AGGREGATE FOR THE ENTIRE TERM (AND REGARDLESS OF WHETHER THE CLAIMS ARE
BROUGHT DURING OR AFTER THE TERM) WITH RESPECT TO ALL CLAIMS ARISING FROM OR
RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING ATTORNEY'S FEES) WILL
NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO EQUINIX FOR THE TWELVE
(12) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE FIRST CLAIM
BROUGHT BY CUSTOMER AGAINST EQUINIX RELATING TO THIS AGREEMENT AROSE (OR, FOR
ANY CLAIMS THAT ARISE IN THE FIRST TWELVE (12) MONTHS OF THIS AGREEMENT, THE
AMOUNT EQUAL TO THE MONTHLY RECURRING CHARGE OF THE MONTH IN WHICH THE CLAIM
OCCURRED MULTIPLIED BY TWELVE (12)). AS A FURTHER LIMITATION, EQUINIX'S MAXIMUM
LIABILITY FOR ANY CLAIMS RELATING TO SERVICES OFFERED OR PROVIDED BY EQUINIX
(I) FOR A NON-RECURRING CHARGE ONLY, OR (II) AS SMART HANDS SERVICES, SHALL NOT
EXCEED THE AMOUNT OF THE SERVICE FEE FOR SUCH SERVICE PROVIDED ON THE OCCASION
GIVING RISE TO THE CLAIM. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE
CONTRARY, BUT EXCLUDING LIABILITY UNDER SECTION 5, SECTION (G) OF EXHIBIT B AND
CUSTOMER'S
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OBLIGATION TO PAY CHARGES HEREUNDER, CUSTOMER'S TOTAL LIABILITY IN THE AGGREGATE
FOR THE ENTIRE TERM (AND THEREAFTER IF ANY CLAIMS ARE BROUGHT AFTER THE TERM)
FOR DAMAGES TO EQUINIX WITH RESPECT TO ANY AND ALL CLAIMS IN THE AGGREGATE AT
ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS
AGREEMENT (AND INCLUDING ATTORNEY'S FEES) WILL BE LIMITED TO, AND WILL NOT
EXCEED, THE RECURRING CHARGES ATTRIBUTABLE TO THE TWELVE (12) MONTHS IMMEDIATELY
PRIOR TO THE MONTH IN WHICH THE FIRST CLAIM BROUGHT BY EQUINIX AGAINST CUSTOMER
RELATING TO THIS AGREEMENT AROSE (OR, FOR ANY CLAIMS THAT ARISE IN