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Sublicense Agreement No. 070401 D <br />by a third party that, as a result of modifications by the Licensee, the Licensed Products <br />as so modified infringes on intellectual property right of the third party or that Peripheral <br />Products infringe on intellectual property right of the third party, Licensee shall defend, <br />indemnify and hold harmless DMP with respect to any and all losses, necessary and <br />reasonable costs, liabilities or damages resulting from or in conjunction with such claim <br />(including reasonable and necessary attorneys' fees) and any judgment that may be <br />awarded against DMP to the extent based upon such Licensee made modification or <br />Peripheral Product. <br />10.3 Disclaimer of Warranties. THE WARRANTIES STATED IN SECTION <br />10.1 ABOVE ARE THE SOLE AND THE EXCLUSIVE WARRANTIES OFFERED BY <br />DMP. THERE ARE NO OTHER WARRANTIES RESPECTING THE LICENSED <br />PRODUCT, DOCUMENTATION, OR SERVICES PROVIDED HEREUNDER, EITHER <br />EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF <br />DESIGN, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, <br />OR AGAINST INFRINGEMENT, EVEN IF DMP HAS BEEN INFORMED OF SUCH <br />PURPOSE. NO AGENT OF DMP IS AUTHORIZED TO ALTER OR EXCEED THE <br />WARRANTY OBLIGATIONS OF DMP AS SET FORTH HEREIN. <br />10.4 Limitation of Liability <br />(a) Except as otherwise expressly set forth in this <br />Agreement, neither DMP, Owners nor Licensee shall be liable to any of the others for <br />any special, indirect, incidental or consequential damages resulting from a breach of <br />this Agreement including, but not limited to, loss of use of or under - utilization of labor or <br />facilities, loss of revenue or anticipated profits, or claims of customers, resulting from <br />performance or nonperformance of the obligations under this Agreement. <br />(b) Except for claims of infringement or unauthorized <br />disclosure of the other party's proprietary or confidential information, any provision <br />herein to the contrary notwithstanding, the maximum liability of DMP to any person, firm, <br />or corporation whatsoever arising out of or in connection with any license, use, or other <br />employment of the Database delivered to Licensee hereunder, when such liability arises <br />from any claim based on breach or repudiation of contract or warranty, shall in no case <br />exceed the actual Licensed Product License Fee paid to DMP by Licensee for the <br />Licensed Product, the license, use, or other employment of which gives rise to the <br />liability. <br />Page 9 <br />