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Vendor; <br />(h) alters or modifies in any way, the safety mechanisms, without the written consent of <br />Vendor; <br />(1) operates the Equipment with envelopes or enclosures other than those specified in the <br />Published Specifications; or <br />Q) Customer's relocating Equipment to a Site other than that defined in this Agreement; <br />provided, however, that should Vendor and Customer agree to continue Maintenance Service on Equipment <br />moved to another Site, Customer's Equipment shall be subject to inspection by Vendor, at Vendor's published <br />rates and terms then in effect for such service, prior to Vendor resuming Maintenance Service on Customer's <br />Equipment. <br />72 General Limitations. In no event shall either party be liable to the other, whether in an <br />action in negligence, contract or tort or based on a warranty or otherwise, for loss of profits, revenue, or loss or <br />inaccuracy of data, or any indirect, incidental, punitive, special or consequential damages incurred by the other <br />party or anythird party, even ifthe party has been advised of the possibility of such damages. Further, except to <br />the extent that liability arises from: (i) a breach by either party of its confidentiality obligations in Section 4.3; or <br />(Ii) instances of either Party's gross negligence orwillful misconduct; each party's liabilityfor damages under this <br />Agreement , whether in an action in negligence, contract or tort or based on a warranty, shall not exceed the <br />