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<br />such right or remedy. All rights and remedies under this Agreement are <br />cumulative and shall not be deemed exclusive of any other rights or remedies <br />provided by law. <br /> <br />LIABILITY: <br /> <br />Provider shall not be liable for any losses, costs (including attorneys' fees), <br />claims, damages, expenses, penalties, fines, causes of action, or liabilities <br />(including statutory liability and liability under worker's compensation laws and <br />environmental laws or regulations of any federal, state, or local government or <br />branch thereof), whether direct or consequential, in connection with claims for <br />damages as a result of any injury, death, property damage I or economic loss <br />arising out of or relating to this agreement or any act, omission or negligence on <br />or about the premises by Participant, Participant's partners, agents, employees, <br />customers, invitees, contractors I or subcontractors. <br /> <br />CONSEQUENTIAL DAMAGES: <br /> <br />EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, NEITHER PROVIDER <br />NOR PARTICIPANT SHALL BE LIABLE TO THE OTHER PARTY AS BETWEEN <br />THEMSELVES FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES FOR <br />ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE <br />DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR <br />REVENUE, LOSS OF THE USE OF EQUIPMENT, COST OF CAPITAL, COST <br />OF TEMPORARY EQUIPMENT OR SERVICES, CLAIMS OF CUSTOMER, <br />WHETHER BASED IN WHOLE OR PART IN CONTRACT, IN TORT, <br />INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF <br />L1AB I L1TY. <br /> <br />WARRANTY: <br /> <br />LCRA EXTENDS NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL <br />WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED OR <br />IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS <br />FOR PURPOSE, AND WORKMANSHIP WITH RESPECT TO SERVICES <br />PERFORMED AND PRODUCTS, EQUIPMENT AND MATERIALS PURSUANT <br />TO THIS AGREEMENT. <br /> <br />SURVIVAL: <br /> <br />The Indemnification Consequential damages, and Warranty provisions set forth <br />in this Agreement above shall survive the termination or completed performance <br />of this Agreement. <br /> <br />TEXASWI$E PARTICIPATION AGREEMENT <br /> <br />PAGE 5 of6 <br />