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and maintenance agreement during the then -current term (and in no event being <br />greater than 12 months) of the support and maintenance agreement up to and including <br />the date of termination. <br />32. In addition to the foregoing, neither party shall be liable to the other for any claims <br />for consequential damages, incidental damages, indirect damages, special damages, <br />aggravated damages, loss of revenue, loss of profits, failure to realize expected <br />savings, loss of data, loss of business opportunity either under or relating to this <br />support and maintenance agreement or its subject matter, whether based on breach of <br />contract, rescission of contract, tort, breach of trust, or breach of fiduciary duty even <br />if such other party has been advised of the likelihood of the occurrence of such <br />damages and notwithstanding any failure of essential purpose of any limited remedy. <br />33. The parties hereby confirm that the waivers and disclaimers of liability, releases from <br />liability, limitations and apportionments of liability, and exclusive remedy provisions <br />expressed throughout this Support and Maintenance Agreement shall extend to such <br />person's affiliates and to its shareholders, directors, officers, employees and affiliates. <br />(S(gnalures on Following Page) <br />vii <br />