d. General. The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. The indemnifying party will have full control and authority over the defense, except that: (i) any settlement requiring the party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed and (ii) the other party may join in the defense with its own counsel at its own expense. The indemnities above, together with the workarounds and refund in section 8(c), are RELAYTO Limited's and Customer's exclusive remedies under this Agreement for a third party's intellectual property claim of the type described in this section 8. 9. Disclaimers Subject to the Service Level Agreement, the Services are provided "as is" to the fullest extent permitted by law. Except as expressly stated in this Agreement or the SLA, neither Customer nor RELAYTO Limited and its affiliates, suppliers, and distributors make any warranty of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular use, or non-infringement. Credits under the SLA are Customer's exclusive remedy for availability failures, including an outage longer than 24 hours. 10. Limitation of Liability a. Limitation on Indirect Liability. To the fullest extent permitted by law, except for RELAYTO or customer's indemnification obligations, neither customer nor RELAYTO and its affiliates, suppliers, and distributors will be liable under this agreement for (I) indirect, special, incidental, consequential, exemplary, or punitive damages, or (ii) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), even if the party knew or should have known that such damages were possible and even if a remedy fails of its essential purpose. b. Limitation on Amount of Liability. To the fullest extent permitted by law, RELAYTO's liability under this agreement will not exceed $100,000 in case of breach of applicable data privacy law, in particular the EU General Data Protection Regulation. To the fullest extent permitted by law, any other RELAYTO's liability under this agreement will not exceed the amount paid by customer for the services hereunder during the twelve months prior to the event giving rise to liability. 11. Disputes a. Informal Resolution. RELAYTO wants to address your concerns without resorting to a formal legal case. Before filing a claim, each party agrees to try to resolve the dispute by contacting the other party through the notice procedures in section 12(d). If a dispute is not resolved within 30 calendar days of notice, Customer or RELAYTO may bring a formal proceeding. b. Agreement to Arbitrate. Customer and RELAYTO agree to resolve any claims relating to this Agreement or the Services through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the 8 of 53