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E. Additional Terms Submitted by NetFile <br />LIMITATION OF LIABILITY <br />The maximum liability to the City by NetFile and its licensors, if any, under this agreement, or <br />arising out of any claim by the City related to NetFile's services, products, equipment or <br />software for direct damages, whether in contract, tort or otherwise, shall be limited to the total <br />amount of fees received during the last 12 months by NetFile from the City hereunder up to the <br />time the cause of action giving rise to such liability occurred. In no event shall NetFile or its <br />licensors be liable to the City for any indirect, incidental, consequential, or special damages <br />related to the use of NetFile's services, products, equipment or software or NetFile's failure to <br />perform its obligations under this agreement, even if advised of the possibility of such damages, <br />regardless of whether NetFile or its licensors are negligent. Provided, however, that for any peril <br />or exposure insured against under the insurance required pursuant to Exhibit B, the limits of <br />liability to City by NetFile shall not be less than the amount of applicable, valid, and collectible <br />insurance set forth in Exhibit B. <br />14 <br />