PRECEDING THE EVENT GIVING RISE TO THE CLAIM.</p> <p>EXCLUDING SECTION 14.2 (CONFIDENTIALITY) OF THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF NetActuate ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY SERVICE OR ORDER, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL MRCs PAID OR PAYABLE BY CUSTOMER UNDER THE APPLICABLE ORDER(S) GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.</p> <p>9.4 Warranty.