Swym agrees to use reasonable efforts to promptly notify Client in writing of a Claim for which indemnification is sought and to provide Client with all non-monetary assistance, information and authority reasonably necessary for the defense and settlement of such Claim. Swym reserves the right, at Client’s expense, to assume the exclusive defense and control of any Claim for which Client is required to indemnify any Swym Indemnitee and Client agrees to cooperate with the Swym Indemnitee in the defense of the Claim. Client shall obtain Swym’s prior written consent to any settlement of a Claim, said consent not to be unreasonably withheld, conditioned or delayed.</li> </ul> <p> </p> <p> </p> <ol> <li> <strong>LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES.</strong> </li> </ol> <p> </p> <p> </p> <ol> <li>EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL A PARTY’S (INCLUDING THE PARTY’S OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES) AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID BY CLIENT TO SWYM FOR THE SERVICES LESS