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<br /> <br />(b) The Organization and Harris recognize that circumstances may arise entitling the <br />Organization to damages for breach or other fault on the part of Harris arising from this <br />Agreement. The parties agree that in all such circumstances the Organization’s remedies <br />and Harris’ liabilities will be limited as set forth below and that these provisions will survive <br />notwithstanding the termination or other discharge of the obligations of the parties under <br />this Agreement. <br />(i) BOTH PARTIES AGREE THAT TO THE GREATEST EXTENT PERMITTED BY <br />APPLICABLE LAW, THE AGGREGATE LIABILITY OF HARRIS, ITS <br />AFFILIATES, ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE <br />DIRECTORS, OFFICERS, EMPLOYEES AND SHAREHOLDERS AND <br />ORGANIZATION’S EXCLUSIVE REMEDY WITH RESPECT TO THE <br />PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, MATERIALS OR <br />SERVICES SUPPLIED BY HARRIS IN CONNECTION WITH THIS AGREEMENT <br />FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE CAUSE OF <br />ACTION, SHALL NOT EXCEED, IN THE AGGREGATE, THE FEES PAID BY <br />ORGANIZATION TO HARRIS PURSUANT TO THE STATEMENT OF WORK <br />GIVING RISE TO LIABILITY. <br />(ii) IN ADDITION TO THE FOREGOING, TO THE GREATEST EXTENT PERMITTED <br />BY APPLICABLE LAW, IN NO EVENT SHALL HARRIS, ITS AFFILIATES AND <br />EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND <br />SHAREHOLDERS BE LIABLE TO ORGANIZATION FOR ANY <br />CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, <br />SPECIAL, OR AGGRAVATED DAMAGES WHATSOEVER, INCLUDING <br />WITHOUT LIMITATION FOR LOSS OF REVENUE, LOSS OF PROFITS, <br />FAILURE TO REALIZE EXPECTED SAVINGS, COSTS OF SUBSTITUTE <br />GOODS OR SERVICES, LOSS OF DATA, OR LOSS OF BUSINESS <br />OPPORTUNITY ARISING OUT OF OR IN CONNECTION WITH THIS <br />AGREEMENT. <br />(iii) CLAUSES (i) AND (ii) SHALL APPLY IN RESPECT OF ANY CLAIM, DEMAND, <br />ACTION, OR PROCEEDING HOWSOEVER ARISING BY A PARTY <br />IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION UNDERLYING <br />SUCH CLAIM, DEMAND, ACTION, OR PROCEEDING INCLUDING, BUT NOT <br />LIMITED TO, BREACH OF CONTRACT, RESCISSION OF CONTRACT <br />(INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), <br />BREACH OF TRUST, OR BREACH OF FIDUCIARY DUTY, EVEN IF HARRIS <br />HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH <br />DAMAGES OR SUCH LOSS OR DAMAGE IS FORSEEABLE AND <br />NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY <br />LIMITED REMEDY. <br />(iv) FOR THE PURPOSES OF THIS SECTION 5.1, REFERENCES TO HARRIS <br />INCLUDE ITS AFFILIATES.