3. Limitation of Liability. Agency warrants that the advertising facilities as defined in the formal proposal might be offered in conformance with the terms of this Agreement, even though, Agency doesn’t make every other warranties, even if expressed or implied, no matter if in regards to the functionality of the services it provides. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH: a AGENCY SHALL HAVE NO LIABILITY FOR ANY SERVICES PROVIDED, INCLUDING ANY LIABILITY FOR NEGLIGENCE; b AGENCY MAKES AND CLIENT RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION; AND c AGENCY SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Subject to the foregoing and on the other hand the rest to the contrary elsewhere contained, in no event shall the maximum combination legal responsibility of the Agency in reference to this Agreement exceed the monthly fee paid by the Client in the 3 3 months previous the claim.
IN NO EVENT SHALL AGENCY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION OR DATA STORAGE, GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4. Force Majeure. Neither party will be in default or differently liable for any delay in or failure of its functionality under this Agreement if such delay or failure arises by any purposes beyond its most economical handle, including any act of God, any acts of the typical enemy, the points, earthquakes, floods, fires, epidemics, riots, mess ups or delay in transportation or communications or utilities, or any act or failure to act by the other party or such other party’s officials, employees, agents or contractors; offered, even though, that lack of funds shall not be deemed to be a reason beyond a celebration’s low cost control.