| Before | After | ||
|---|---|---|---|
| 163 | EXCEPT AS SET FORTH IN THIS SECTION 9, THE W&B ASSETS AND BETA FEATURES ARE PROVIDED “AS IS” AND W&B EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES AND NON-INFRINGEMENT. | 163 | EXCEPT AS SET FORTH IN THIS SECTION 10, THE W&B ASSETS AND BETA FEATURES ARE PROVIDED “AS IS” AND W&B EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES AND NON-INFRINGEMENT. |
| 175 | THIS SECTION 10 SETS FORTH EACH PARTY’S EXCLUSIVE REMEDY FOR ANY THIRD PARTY INFRINGEMENT CLAIM. 12. | 175 | THIS SECTION 11 SETS FORTH EACH PARTY’S EXCLUSIVE REMEDY FOR ANY THIRD PARTY INFRINGEMENT CLAIM. 12. |
| 178 | W&B’s entire liability for all Excluded Claims will not exceed 3 times the total fees paid by Customer under this Agreement during the 12-month period prior to the event giving rise to the liability. “ Uncapped Claims ” means any claim or liability arising out of or related to: (i) either party’s respective indemnification obligations under Section 10; or (ii) any liability of a party which cannot be limited under applicable law, including gross negligence, recklessness, or intentional misconduct. | 178 | W&B’s entire liability for all Excluded Claims will not exceed 3 times the total fees paid by Customer under this Agreement during the 12-month period prior to the event giving rise to the liability. “ Uncapped Claims ” means any claim or liability arising out of or related to: (i) either party’s respective indemnification obligations under Section 11; or (ii) any liability of a party which cannot be limited under applicable law, including gross negligence, recklessness, or intentional misconduct. |
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