Except for specified carve-outs, each party’s aggregate liability arising out of or related to the agreement is capped at the total fees paid or owed by Customer under the agreement during the twelve months immediately preceding the event giving rise to the claim.

EXCEPT FOR (a) A PARTY’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT

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(b) EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11

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(c) CUSTOMER’S BREACH OF ITS OBLIGATIONS UNDER SECTION 3.3 (USAGE RESTRICTIONS)

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(d) DAMAGES RESULTING FROM DEATH, BODILY INJURY, OR PHYSICAL DAMAGE TO TANGIBLE REAL OR PERSONAL PROPERTY CAUSED BY EITHER PARTY’S GROSS NEGLIGENCE, AND (e) CUSTOMER’S PAYMENT OBLIGATIONS

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A PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, NO MATTER THE THEORY OF LIABILITY, WILL NOT EXCEED, IN THE AGGREGATE, THE TOTAL FEES PAID OR OWED BY CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM

— Zeroth - XXXXX - Master Services Agreement Template.docx