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DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT <br />LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A <br />PARTICULAR PURPOSE AND NON -INFRINGEMENT. THIS DISCLAIMER ONLY <br />APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE <br />MENTIONED IN SECTION 11.6. <br />8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B. <br />8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in <br />performance from any cause beyond their control, including, but not limited to acts of God, <br />changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of <br />variants), issues of national security, acts or omissions of third -party technology providers, riots, <br />fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or <br />supplies, financial institution crisis, weather conditions or acts of hackers or internet service <br />providers. <br />9. LIMITATION OF LIABILITY; INDEMNITY <br />9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY <br />STATED ELSEWHERE IN THIS AGREEMENT, FLOCK, ITS OFFICERS, AFFILIATES, <br />REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE <br />RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS <br />AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY <br />CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER <br />THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) <br />INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF <br />SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, <br />EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR <br />ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE <br />CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE <br />FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS <br />ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR <br />PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS <br />AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION <br />