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FROM THE PROVISIONS OF THIS SUPPORT AND MAINTENANCE <br />AGREEMENT, SHALL, BE PAYMENT BY THE CONSULTANT OF <br />THE ORGANIZAT'ION'S DIRECT DAMAGES TO A MAXIMUM <br />AMOUNT EQUAL. TO, AND THE CONSULTANT SHALL IN NO <br />EVENT BE LIABLE IN EXCESS OF, THE AMOUNT OF FEES <br />ACTUALLY PAID BY THE ORGANIZATION TO THE <br />CONSULTANT UNDER THIS SUPPORT AND MAINTENANCE <br />AGREEMENT DURING THE THEN - CURRENT TERM OF THE <br />SUPPORT AND MAINTENANCE AGREEMENT UP TO AND <br />INCLUDING THE DATE OF TERMINATION. <br />(ii) IN NO EVENT SHALL ANY DAMAGES INCLUDE, NOR SHALL <br />THE CONSULTANT BE LIABLE FOR, ANY SPECIAL, INDIRECT <br />OR CONSEQUENTIAL DAMAGES EVEN IF THE CONSULTANT <br />HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. WITHOUT <br />LIMITING THE GENERALITY OF THE FOREGOING, THE <br />CONSULTANT SHALL NOT BE LIABLE FOR LOST PROFITS, LOST <br />BUSINESS REVENUE, FAILURE TO REALIZE EXPECTED <br />SAVINGS, OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY <br />KIND, OR FOR ANY CLAIM WHATSOEVER AGAINST THE <br />ORGANIZATION BY ANY OTHER PARTY. <br />(iii) CLAUSES (i) AND (ii) SHALL APPLY IN RESPECT OF ANY CLAIM, <br />DEMAND OR ACTION BY ORGANIZATION IRRESPECTIVE OF <br />THE NATURE OF THE CAUSE OF ACTION UNDERLYING SUCH <br />CLAIM, DEMAND OR ACTION, INCLUDING, BUT NOT LIMITED <br />TO, BREACH OF CONTRACT OR TORT. <br />4.2 Inteent, <br />The parties hereby confirm that the waivers and disclaimers of liability, releases <br />from liability, limitations and apportionments of liability, and exclusive remedy provisions <br />expressed throughout this Agreement shall apply even in the event of default, negligence (in <br />whole or in part), strict liability or breach of contract of the person released or whose liability is <br />waived, disclaimed, limited, apportioned or fixed by such remedy provision, and shall extend to <br />such person's affiliates and to its shareholders, directors, officers, employees and affiliates. <br />4.3 Remedies <br />Where remedies are expressly afforded by this Agreement, such remedies are <br />intended by the parties to be the sole and exclusive remedies of the Organization for liabilities of <br />the Consultant arising out of or in connection with this Agreement, notwithstanding any remedy <br />otherwise available at law or in equity, <br />25E -10 <br />