10. LIMITATIONS AND EXCLUSIONS OF LIABILITY

10.1 The maximum aggregate liability of Xx集团 in contract, tort (including negligence and breach of statutory duty) or otherwise for any breach of this Agreement or any matter arising out of or in connection with the Services to be provided in accordance with this Agreement shall be the amount of Charges due by the Client to Xx集团 under this Agreement.

10.2 Neither party shall be liable to the other in contract, tort (including negligence and breach of statutory duty) or otherwise for any loss of profit (whether direct or indirect) or for any indirect, consequential, punitive or special loss or damage, including without limitation loss of profits, revenue, business, or anticipated savings (even when advised of their possibility).

10.3 Any claim by the Client against Xx集团 (always subject to the provisions of this Clause 10) must be made within ninety (90) days after the Client becomes aware of any circumstances giving rise to any such claim. Failure to give such notice of claim within ninety (90) days shall constitute a bar or irrevocable waiver to any claim, either directly or indirectly, in contract, tort or otherwise in connection with the provision of Services under this Agreement.

11. INDEMNITY

11.1 The Client shall indemnify and hold harmless Xx集团, its officers, employees, agents, representatives, contractors and sub-contractors from and against any and all claims, suits, liabilities (including costs of litigation and attorney’s fees) arising, directly or indirectly, out of or in connection with:

(a) any claims or suits by any governmental authority or others for any actual or asserted failure of the Client to comply with any law, ordinance, regulation, rule or order of any governmental or judicial authority;

(b) claims or suits for personal injuries, loss of or damage to property, economic loss, and loss of or damage to Intellectual Property Rights incurred by or occurring to any person or entity and arising in connection with or related to the Services provided hereunder by Xx集团, its officers, employees, agents, representatives, contractors and sub-contractors;

(c) the breach or alleged breach by the Client of any of its obligations set out in Clause 4 above;

(d) any claims made by any third party for loss, damage or expense of whatsoever nature and howsoever arising relating to the performance, purported performance or non-performance of any Services to the extent that the aggregate of any such claims relating to any one Service exceeds the limit of liability set out in Clause 10 above;

(e) any claims or suits arising as a result of any misuse or unauthorised use of any Report issued by Xx集团 or any Intellectual Property Rights belonging to Xx集团 (including trade marks) pursuant to this Agreement; and

(f) any claims arising out of or relating to any third party’s use of or reliance on any Report or any reports, analyses, conclusions of the Client (or any third party to whom the Client has provided the Report) based in whole or in part on the Reports, if applicable.

11.2 The obligations set out in this Clause 11 shall survive termination of this Agreement.