LIMITATION OF LIABILITY
(a) Notwithstanding any other provisions herein and the Related Agreement, the aggregate liability during the term of the Software Implementation Agreement shall not exceed 20 percent of the total Implementation Fee and the License Fee calculated daily pro-rata basis for the term thereof and the aggregate liability during the term of the Maintenance Agreement shall not exceed the Maintenance Fee of one year and the one-year License Fee calculated daily pro-rata basis.
(b) Neither party shall be liable for any indirect, incidental, special, punitive or consequential damages and/or any damages not reasonably foreseeable arising out of the Related Agreement or the performance, omission of performance, or termination hereof, without regard to the nature of the claim (e.g., breach of contract, tort, negligence, or otherwise), even if such Party has been advised of the possibility of such damages.