Limitation of Liability. Notwithstanding any other provision of this Agreement
or where this exclusion or restriction of. Liability would be void or ineffective
under, applicable law in no event will either party be liable to the other under
in,, Connection with or related to this Agreement for any special indirect
consequential,,, or exemplary punitive damages (including,, Without, limitation
.Loss of profits or revenues loss goodwill, of, or penalties withholding of
reimbursement by a health, care payer state / federal. Agency or other entity)
whether based on breach of contract warranty tort,,, liability product or any
other, legal theory. Even if that party has been advised of the possibility of such
damages. The parties further, agree that notwithstanding. Any other provision
.Of this Agreement Press Ganey ', s total cumulative, liability under in
connection with or related to this Agreement or in. Furtherance of the
Agreement 's provisions or objectives shall be, limited, to actual direct
damages not to exceed the amount. Paid (less any refunds or credits) by
Participant to Press Ganey during the twelve (12) month period preceding the
date. Of the claim.
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