Notwithstanding anything to the contrary, POS's each party’s maximum aggregate liability relating to this agreement (regardless of the nature of any claim asserted, including contract, statute, any form of negligence whether of Client, POS or others, tort, strict liability or otherwise) shall be limited to the charges paid to POS for the month during the term of this agreement in which the latest event, act or omission occurs which gives rise to such liability. In no event shall POS either party be liable for (i) consequential, incidental, special or punitive loss, damage or expense (including, without limitation, lost profits, opportunity costs, etc.), even if it has been advised of their possible existence; or (ii) in respect of any claim against it in respect of any alleged delay or failure by it to perform any of its obligations under this agreement where such delay or failure resulted directly or indirectly from any negligent or wilful act or omission of the other party. The parties agree that this clause is reasonable based on the level of risk assumed by each party in connection with its obligations under this agreement and the payments provided under this agreement to each party for the performance of those obligations. This provision shall survive the termination of this agreement for any reason.