<u>#SC. LIMITATION OF LIABILITY:</u><br />In no event shall either party be liable to the other party or any other person or entity in connection with this Agreement for any indirect, special, consequential, incidental or reliance damages (or any loss of revenue, profits or data), however caused, whether for breach of contract, negligence or under any other legal theory, whether foreseeable or not and whether or not the other party has been advised of the possibility of such damage, and notwithstanding the failure of essential purpose of any limited remedy. Both parties agree that these limitations of liability are agreed allocations of risk and are reflected in the fees agreed upon by the parties. Further, excluding the parties Indemnity obligations, neither party’s aggregate liability arising with respect to this Agreement shall exceed the total amounts paid by Advertiser to The Green Sheet.