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ties safety or cond ition; weather cond itions; pavement characteris-
tics or conditions; special events; traffic congestion; travel time.
7. Limitation of Liability. IN NO EVENT SHALL MAGELLAN OR ITS
THI RD PARTY SUPPLIERS BE LIABLE UNDER TH IS AGREEMENT
OR OTHERWISE TO CUSTOMER OR ANY THIRD PARTY FOR ANY
SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNI-
TIVE DAMAGES, INCLUDING LOSS OF PROFITS OR SAVINGS,
LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF USE,
DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROP-
ERTY, OR RECOVERY OR REPLACEMENT OF PROGRAMS OR
DATA ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTH-
ERWISE EVEN IF MAGELLAN OR ITS THIRD PARTY SUPPLIERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR
DAMAGES. The total liability of Magellan under this Agreement,
whether arising from negligence or willful misconduct of Magellan,
its employees, officers or other agents, and under contract, tort or
any other theory of liability, for any reasons, including with respect
to
(i)
death or injury to persons, or (ii) physical loss or damage to
property, shall be Iimited to the amount of damages foreseeable at
the time of entering into this Agreement, which in no event shall
exceed one hundred dollars ($100).
8.Term and Termination
8.1 Term. This Agreement shall remain in full force and effect in
perpetuity, except that this Agreement shall immediately and auto-
matically terminate in the event that (i) Customer materially
breaches this Agreement or (ii) Customer becomes bankrupt or
insolvent under the bankruptcy laws of the United States or other
govern menta I authority.
8.2Effect of Termination. Upon any termination of this Agreement
by Magellan, all rights granted to Customer hereunder shall imme-
diately terminate, and Customer shall delete and/or destroy all Soft-
ware, Third Party Software and Documentation and any copies
thereof.
8.3Remedies not Limited. The exercise of any termination right
under th is Artic Ie 8 by Magellan shall not lim it or prejud ice any
ties safety or cond ition; weather cond itions; pavement characteris-
tics or conditions; special events; traffic congestion; travel time.
7. Limitation of Liability. IN NO EVENT SHALL MAGELLAN OR ITS
THI RD PARTY SUPPLIERS BE LIABLE UNDER TH IS AGREEMENT
OR OTHERWISE TO CUSTOMER OR ANY THIRD PARTY FOR ANY
SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNI-
TIVE DAMAGES, INCLUDING LOSS OF PROFITS OR SAVINGS,
LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF USE,
DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROP-
ERTY, OR RECOVERY OR REPLACEMENT OF PROGRAMS OR
DATA ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTH-
ERWISE EVEN IF MAGELLAN OR ITS THIRD PARTY SUPPLIERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR
DAMAGES. The total liability of Magellan under this Agreement,
whether arising from negligence or willful misconduct of Magellan,
its employees, officers or other agents, and under contract, tort or
any other theory of liability, for any reasons, including with respect
to
(i)
death or injury to persons, or (ii) physical loss or damage to
property, shall be Iimited to the amount of damages foreseeable at
the time of entering into this Agreement, which in no event shall
exceed one hundred dollars ($100).
8.Term and Termination
8.1 Term. This Agreement shall remain in full force and effect in
perpetuity, except that this Agreement shall immediately and auto-
matically terminate in the event that (i) Customer materially
breaches this Agreement or (ii) Customer becomes bankrupt or
insolvent under the bankruptcy laws of the United States or other
govern menta I authority.
8.2Effect of Termination. Upon any termination of this Agreement
by Magellan, all rights granted to Customer hereunder shall imme-
diately terminate, and Customer shall delete and/or destroy all Soft-
ware, Third Party Software and Documentation and any copies
thereof.
8.3Remedies not Limited. The exercise of any termination right
under th is Artic Ie 8 by Magellan shall not lim it or prejud ice any
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