In the event the Customer does not provide such notice within the sixty (60) day period, any claim with respect to such non-conformance shall be deemed waived.</p> <p>TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE UNDERTAKING IN THIS PARAGRAPH IS DEFIANT’S ONLY WARRANTY CONCERNING THE SERVICES AND ANY DELIVERABLES, AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.</p> <p>11. Exclusion of Damages and Limitations on Liability.</p> <p>(a) EXCEPT WITH RESPECT TO THE INDEMNITIES IN THE PRECEDING INDEMNIFICATION PARAGRAPH, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR SIMILAR DAMAGES.</p> <p>(b) Except with respect to the indemnities in the preceding Indemnification Paragraph, Defiant’s aggregate maximum liability relating to the Services under this Agreement (regardless of form of action, whether in contract, negligence or otherwise) shall be limited to the compensation paid to Defiant for Services in the 12-month period immediately preceding the event giving rise to liability.</p> <p>(c)