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RUG-06-1931 00 ~ 15 FRJ" ~ Gi 1 P~F.:.-iP.S i N3 report= or studies prepared by Remcor mitted to Client by Remcor hereunder i mission constitute inducement and/or any patent(s) owned by a third party, claims any liability therefor. 10. EXCUSE OF BER_z`ORMANCE Tp 918."13~7c?9o F. E~ hereunder. information sub- s not intended nos shall sub- contribution to infringe on and Remcor specifically dic- Remcor shall not be liable to Client for failure to perform its obligations hereunder if and to the extent that such failure to perform is caused by oz results from: an act, failure to act or neglect of Client or Client's ez:pioyees or any other pasty; any cause beyond the direct and reasonable control of Remcor; any legal action or proceeding taken by or acainst Ae-cor; changes in the scope of the work; unforeseen eireW:.ata-ces including acts of force majeuze, including without limitation, fires, floods, riots and strikes; foreign or domestic governmental acts or regulations: de- lay authorized by Client and agreed to by Remcor. Remcor 6ha11 immediately notify Client of any events and/or circumstances which Remcor considers to be a reason !or Aemcor's delay or inability to perform. 11. WARRANTY; DISCLAIMER; EaCLUSI~% REMEDY Remcor warrants that the 6ervices will be performed in accordance with gene: ally a-d currently accepted ensinee:ing principles cad practices. This warranty is in lieu of all other warranties, ex- pressed or implfed. There is no warranty cf ae:ehartability or fitness fcz a particular purpose in connection with any goo85 which a~ay be supplied with the Services. If Rec.co:'s Services fail to meet the above wazzanty- Remcor agrees to :ere:form any deficient Services without charge, up to the Simits set forth in Section 12 below. Any claim by Client ur.6er this ParacrPph 11 must .be brought within two (2) yeare after the eo-,pletion o: Ree:.cor's Services or the Client's claim{s) sill be deeaed to rave been waived. ibis rerwefiy is Client's sole and exclusive re.:~e~y for ail claims whatso- ever in connection with Remcor's Services, whether in tort, is con- tract or otherwise. 12. LIMITATIONS OF LIABILITY Any and all liability or claims for damages, levied against Remcor, whether based upon contract, tort (including negligence), breach of warranty, professional negligence (including errors, omissions, or other professional acts). or otherwise, including claims against employees, agents, directors, oFfieers, cer.tractors, an8 subcon- tractors shall be limited to the amount of Remcor's total compen- sation under this Agreement. In no event shall Remcor be responsible for any incidental, indi- rect, special, punitive. or oonseQuential damaoes (including but not limited Lo 1066 of profits) or Qosts of defena• incurred by Client or any third party.