RouteNote does not seek to exclude or limit any liability for personal injury or death arising from RouteNote’s negligence. fraud or fraudulent misrepresentation. tax. or any other liability to the extent the same cannot be excluded or limited by law. 7.2. RouteNote’s liability in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty, tax or otherwise arising out of or in connection with this Agreement shall not extend to any loss of profits or any special, indirect or consequential loss or damage whatsoever. 7.3. Subject to the provisions of clauses 7.1 and 7.2, in no event shall RouteNote’s liability (whether in contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under this Agreement shall not exceed the total amount received by RouteNote from you as payments of Fees as part of a premium account or RouteNote’s commission for sale of the Tracks as part of a standard account. <b>8. Third Party Obligations</b> 8.1.