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PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY <br />APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE <br />MENTIONED IN SECTION 11.6. <br />8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B. <br />8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance <br />from any cause beyond their control, including, but not limited to acts of God, changes to law or <br />regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of <br />national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, <br />floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial <br />institution crisis, weather conditions or acts of hackers, internet service providers or any other <br />third party acts or omissions. <br />9. LIMITATION OF LIABILITY; INDEMNITY <br />9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, <br />FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND <br />EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY <br />SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED <br />THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT <br />LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR <br />BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) <br />COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) <br />FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL <br />DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR <br />REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INAB ILITY <br />TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH <br />AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID <br />AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS <br />AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT <br />GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS <br />BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF