If, notwithstanding the foregoing, Watermark is held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of Watermark or its affiliates, directors, officers, shareholders, employees, agents or third party providers exceed the aggregate dollar amount paid by you in the twelve (12) month period preceding the date of the claimed injury or damage.</p> <p>9. INDEMNIFICATION BY YOU</p> <p>