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THE FOREGOING EXPRESS WARRANTIES ARE EXCLUSIVE AND MADE IN LIEU OF <br />ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF <br />MERCHANTABIUTY AND FITNESS FOR A PARTICULAR PURPOSE OPEX SHALL NOT <br />BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ITS <br />PERFORMANCE PURSUANT TO THIS PROPOSAL, THE PRODUCTS OR SERVICES <br />SOLD HEREUNDER, OR THEIR USE BY PURCHASER, AND SHALL NOT BE LIABLE <br />FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO PROPERTY, <br />PERSONS OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, <br />ARISING OUT OF OR IN CONNECTION WITH THIS PROPOSAL, THE PRODUCTS AND <br />SERVICES SOLD HEREUNDER, OR THE OPERATION OF THE PRODUCTS, <br />REGARDLESS OF WHETHER OR NOT OPEX HAS ACTUAL KNOWLEDGE OF THE <br />POSSIBILITY OF SUCH LOSS OR DAMAGE. <br /> <br />PURCHASER AND OPEX AGREE THAT PURCHASER'S SOLE AND EXCLUSIVE <br />REMEDY SHALL BE LIMITED TO DAMAGES IN AN AMOUNT NOT TO EXCEED THE <br />AMOUNT OF THE PURCHASE PRICE OF A PARTICULAR PRODUCT OR THE COST OF <br />A SERVICE HEREUNDER, WHICHEVER IS LESS, ALL ACTIONS ON THE <br />WARRANTIES HEREUNDER MUST BE COMMENCED WITHIN SIX (6) MONTHS OF THE <br />DATE OF DELIVERY OR BE OTHERWISE LOST. THIS LIMITED WARRANTY AND THE <br />LIMITATION ON REMEDIES CONTAINED HEREIN ARE REFLECTED IN THE <br />PURCHASE PRICE OF THE PRODUCTS, <br /> <br /> <br />