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15.3 In case of any claim that is subject to indemnification under this Agreement, the party that is <br />indemnified (“Indemnitee”) will provide the indemnifying party (“Indemnitor”) reasonably <br />prompt notice of the relevant claim. Indemnitor will defend and/or settle, at its own expense, <br />any demand, action, or suit on any claim subject to indemnification under this Agreement. <br />Each party will cooperate in good faith with the other to facilitate the defense of any such <br />claim and will tender the defense and settlement of any action or proceeding covered by this <br />clause 15 to the Indemnitor upon request. Claims may be settled without the consent of the <br />Indemnitee, unless the settlement includes an admission of wrongdoing, fault or liability. <br /> <br />16 DISCLAIMERS AND LIMITATIONS <br />16.1 Except with regard to Customer’s payment obligations under clause 5 and with regard to <br />either party’s indemnification obligations under clause 15, at the time of the event or <br />circumstance giving rise to such claim, and except in regard to Customer’s breach of clause <br />7, in no event will either party be liable for any punitive or exemplary damages. <br />16.2 The Supplier is not responsible for any defects or damages resulting from Customer's or <br />Customer's agents or employees mishandling, abuse, misuse, accident or Force Majeure. <br />The Customer agrees to inform the Supplier of any Customer system change that may <br />reasonably be expected to affect the Supplier's ability to provide the Service and shall notify <br />the Supplier of any change to its IT configuration affecting the Services. The Supplier shall <br />not be held responsible for the availability of telephone lines, the Internet, electricity or servers <br />outside its reasonable control. The Supplier provides no warranty or guarantee in relation to <br />speed of delivery of the Service, including the speed of any restores. The speed of delivery <br />of the Service is dependent on factors outside the control of the Supplier including inter alia <br />the speed, functionality and condition of the Customer’s IT infrastructure, the amount of data <br />being restored and/or the bandwidth of the Customer's internet connection. Any errors caused <br />arising from the inadequacy or defectiveness of the Customer’s IT infrastructure and/or the <br />connectivity and bandwidth of the Customer's internet connection may affect the delivery of <br />the Service including the performance of any restores. The Supplier will notify Customer of <br />any technical failures in respect of delivery of the Service of which it is aware and subject to <br />the terms of the Service Level Commitments, will endeavor to work with Customer to assist <br />with rectification of any such failures. Customer acknowledges that changes may be required <br />to the Customer’s IT infrastructure and/or to its internet connectivity including its bandwidth <br />capacity or otherwise to improve the speed, performance and/or delivery of the Service. <br />Customer shall be responsible for the cost of any such changes. Any administrative and <br />technical notifications in respect of the delivery of the Service will be sent by email to the <br />Customer. <br />16.3 Except as set forth in the Service Level Commitments, the Supplier makes no warranty that <br />the Service will be uninterrupted, timely, secure or error free. The Supplier expressly <br />disclaims all liability howsoever arising from any change made to the Customer's IT <br />configuration of the Client Environment of which Customer has not notified the Supplier in <br />writing. No statement, whether oral or written, obtained by Customer from the Supplier shall <br />create any warranty not expressly made herein. <br />16.4 The Customer recognizes that the Internet consists of multiple participating networks that are <br />separately owned and not subject to the Supplier's control. The Customer agrees that the <br />Supplier shall not be liable for damages incurred or sums paid when the Service is temporarily <br />or permanently unavailable due to malfunction of, or cessation of, internet services by <br />networks or Internet service providers not subject to the Supplier's control, or for transmission <br />errors in, corruption of, or the security of the Customer Data or data transmitted through the <br />Service carried on such networks or Internet service providers. The Supplier shall have no <br />liability hereunder for damages incurred or sums paid due to any fault of Customer or any <br />third party, or by any harmful components (such as computer viruses, worms and computer