Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of the Supplier and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by the Customer for 3 months of service.</li> <li>No party shall be liable to the other for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control (force majeure) including, without limitation, any of the following: act of God, governmental act, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, flood, explosion, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.