American Home Shield 2010 Annual Report Download - page 252

12.6. Survival of Selected Provisions
(a) Survival. Notwithstanding the expiration or earlier termination of the Services, the Agreement or any
Transaction Document for any reason however described, the following Sections of the Agreement shall survive any such expiration
or termination: Section 10.3, Section 10.4, Section 10.5, Section 10.6, Section 10.7, Section 10.8, Section 10.10, Section 11.2,
Section 11.3, Section 11.4, Section 11.6, Section 12.3, Section 12.4, Section 12.5, Section 12.6, Section 13, Section 14, Section 0,
and Section 17. Upon termination or expiration of the Agreement, all rights and obligations of the Parties under the Agreement shall
expire, except those rights and obligations under those Sections specifically designated to survive in this Section 12.6(a).
(b) Claims. Except as specifically set forth in the Agreement, all claims by any Party accruing prior to the
expiration or termination date shall survive the expiration or earlier termination of the Agreement, subject to any applicable statute of
limitations.
13. LIABILITY
13.1. Liability Caps
(a) Direct Damages Cap. Except as provided in Section 13.2, the liability of each party in the aggregate for
all claims arising under or relating to this Agreement, regardless of the form of action, whether based on contract, warranty, tort
(including negligence), statute or otherwise, including liability arising out of or resulting from the performance or non-performance
by Service Provider and its subcontractors of the Services and its obligations under the Agreement, shall be limited to [***] (the
"Direct Damages Cap").
(b) [***]
(c) Excluded Damages. Neither Party shall be liable for damages that constitute[***], even if such Party has
been advised of the possibility of such losses or damages. For avoidance of doubt, [***], shall not apply to profit or revenue
associated with amounts payable to Service Provider hereunder.
13.2. Exclusions
(a) Circumstances to which Direct Damages Cap Does Not Apply: [***]. Notwithstanding Section 13.1, the
Direct Damages Cap (the limitations on the types and amounts of damages set forth in Section 13.1) shall not apply to damages or
other payments arising out of any of the following, and no such damages or payments shall be included in calculating the Direct
Damages Caps [***].
(b) Circumstances to which "Excluded Damages" Provision Does Not Apply; [***]. Notwithstanding the
limitation on the types of damages pursuant to Section 13.1(c), each Party shall also be subject to damages other than Direct
Damages [***]arising out of the following: [***].
(c) [***].
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