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24. LIMITATION OF LIABILITY SHIELD OPS' MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THESE TERMS AND CONDITIONS, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT, CONTRACT OR OTHER FORM OF LIABILITY, SHALL IN NO EVENT EXCEED THE GREATER OF FEES PAID BY SANTA ANA DURING THE TWO-YEAR PERIOD PRECEDING NOTICE TO SHIELD OPS OF SANTA ANA'S LOSS OR THE SUM OF FIFTY THOUSAND DOLLARS, WHICHEVER IS GREATER. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 25. CONSEQUENTIAL DAMAGES WAIVER IN NO EVENT SHALL SHIELD OPS BE LIABLE TO SANTA ANA OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY SANTA ANA OR SUCH THIRD PARTY CAUSED DIRECTLY OR INDIRECTLY BY ANY BREACH OF THIS LICENSE AGREEMENT OR THE PROVISION OF ANY LICENSED SOFTWARE, MATERIALS OR SERVICES PURSUANT TO THIS LICENSE AGREEMENT, INCLUDING ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY LOSS OF OR INJURY TO EARNINGS, PROFITS OR GOODWILL, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE OR STRICT PRODUCT LIABILITY). THIS LIMITATION SHALL APPLY EVEN IF SHIELD OPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 26. TERM AND TERMINATION This License Agreement shall be effective as of the Effective Date and shall continue for the Term unless earlier terminated. Either Party may terminate this Agreement for the material breach of any term by the other Party if such material breach remains uncured for thirty (30) days after Notice of such breach from the non-breaching party, which Notice shall describe in reasonable detail the nature of the breach, or immediately if such material breach was the subject of a prior Notice of breach. Such termination shall be in addition to any other remedies that may be available to the non-breaching Party. Upon termination of this Agreement, Santa Ana shall immediately cease using the Service and shall return or destroy all Documentation for the Service and any copies thereof. Santa Ana shall deliver to Shield Ops within fifteen (15) days of the date of such termination certification in writing that the Documentation and all copies thereof in any form have either been returned to Shield Ops or properly destroyed. version os3o"lo 1 3