(iii) IN THE EVENT OF CUSTOMER’S UNAUTHORIZED USE, DISTRIBUTION OR DISCLOSURE OF ENVOY’S INTELLECTUAL PROPERTY. OR (iv) CUSTOMER’S MATERIAL BREACH OF SECTION 9 (“CONFIDENTIALITY”), IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE SUBSCRIPTION FEES PAID TO ENVOY DURING SIX MONTHS PRIOR TO WHEN THE CLAIM ACCRUED. </p> <p> 10.2 IN NO EVENT SHALL ENVOY HAVE ANY LIABILITY TO CUSTOMER FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,