15 - Agreement with SpearTip's Shadow Spear Platform

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MSA 2021 SUPPLIERS TO PERFORM THEIR RESPONSIBILITIES; (2) ANY CLAIMS OR DEMANDS OF THIRD PARTIES (OTHER THAN THOSE THIRD PARTY CLAIMS COVERED BY SECTION 13); OR (3) ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY WILL BE HELD RESPONSIBLE, OR TO HAVE FAILED TO MEET ITS OBLIGATIONS UNDER THE AGREEMENT, IF IT EITHER DELAYS PERFORMANCE OR FAILS TO PERFORM AS A RESULT OF ANY CAUSE BEYOND ITS REASONABLE CONTROL. 16.3 Exclusions from Limitation; Survival. The foregoing limitations do not apply to the payment of settlements, costs, damages and legal fees under Section 13 (Indemnification) or for breach of confidentiality under Section 10. The limitations of liability set forth in this Section 16 will survive and apply notwithstanding the failure of any limited or exclusive remedy, any breach of the Agreement, or any other reason. The parties agree that the foregoing limitations will not be deemed to limit any liability to an extent that would not be permitted under applicable law. 17. GENERAL 17.1 Notices. All notices required to be given under this Agreement must be given in writing. Either party may change its address for notice under this Agreement by giving advance written notice to the other party as provided herein. Such notices will be deemed to have been given: (a) when delivered in person; (b) five (5) business days after being sent by certified mail, return receipt requested, postage pre -paid; (c) when transmitted if sent by facsimile, provided a confirmation of transmission is produced by the sending machine and a copy of such facsimile is promptly sent by another means specified herein; or (d) upon delivery by reputable overnight courier, all delivery charges pre -paid, and addressed as follows: