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(d) Customer may elect to terminate the Maintenance by providing thirty (30) days written notice to SBC. In the event Customer terminates the Maintenance pursuant to this Section, Customer sha!l be liab(e for an amount equal to fifty percent (50%) af the fees for the remaining term of the Maintenance. (e) In the event Customer elects to terminate portion(s) or reduce the grade of the Maintenance provided hereunder, Customer sha!l be liab(e for fifty percent (50%) of the fees for the terminated or reduced portion of the maintenance for the remainder of the term of the Maintenance. (fi) SBC may terminate the Maintenance or any portion thereof if Customer utilizes anyone other than SBC ta provide maintenance services and MAC for the Products which are set forth herein. (g) In the event of Customer's default, SBC has the right to suspend perFormance. 20. Subcontract'rng. SBC may subcontract any or all of the work to be performed by it under this Agreement, but shall retain full responsibility for the work to be subcontracted. 21. Limitation of Liability. (a) In no event shall SBC be liable to Gustomer or any third party for any indirect, incidental, special or consequential damages, including, without limitation damages attributed to lost revenues or profits; lost business opportunities; loss of data or prograrnming; or failure to realize savings or benefits, regardless of the cause of action, arising out of or in connection with SBC's performance under this Agreement, including, but not limited to, any modification of the Products by Customer; or the combination, operation, or use of the Products with equipment or software not supplied by SBC under this Agreement or with the warranties set forth in this Agreement, even if SBC has been advised of the possibility of such damages. Customer waives any claim against SBC for punitive or exemplary damages. (b) Except for damages for personai injury or death Gr damages to or loss of Customer's tangibfe property (excluding loss of data or programming) caused by SBC and except as may be provided otherwise in Section 21 of this Agreement., SBC's liability for all claims brought under this Agreement, regardless of the farm or cause of action, shall be limited to direct damages. Notwithstanding any other provisian in this Agreement, during the Warranty Period SBC's aggregate {iability, if any, for such direct damages shaff not exceed the amount of the total Product Purchase Price paid by Customer. Upon completion of the Warranty Period, SBC's aggregate liability for all direct damages shall not exceed the amount of any maintenance fees paid by Customer for the three (3) manths immediately preceding the event giving rise to the ctaim. (c) The right to recover damages within the limitation as specified in this Section 21 is Customer's exclusive alternative remedy in the event that any other contractual remedy fails of its essential purpose. (d) Neither SBC nor Customer shall be liable to the other for any delay or fai(ure in performance hereunder due to fires, strikes, other labor disputes, embargoes, requirements imposed by government regulafiions, civil or military authorities, acts of God, the public enemy or other causes which are beyond the control of the party unable to perform (hereinafter "Force Majeure"). If a Force Majeure occurs, the party delayed or unable to perform shail give immediate notice to the other party. Epamaint/rev8/9-7-01/sm 11