4.0 DISCLAIMER OF WARRANTIES; RELEA

4.0 DISCLAIMER OF WARRANTIES; RELEASE FROM LIABILITY
EICC will use commercially reasonable efforts to oversee the Audit. EXCEPT AS EXPLICITLY SET FORTH HEREIN, EICC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR DELIVERABLES UNDER THIS AGREEMENT OR THE CFS PROGRAM, AUDIT OR RESULTS THEREOF, AND/OR THE CONDUCT OF THE AUDIT FIRM. THE SERVICES AND DELIVERABLES UNDER THIS AGREEMENT AND THE CFS PROGRAM, AUDIT OR RESULTS THEREOF, AND/OR THE CONDUCT OF THE AUDIT FIRM ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. EXCEPT AS EXPLICITLY SET FORTH HEREIN, EICC HEREBY DISCLAIMS ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, OR ARISING FROM TRADE OR CUSTOM, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, EXCEPT IN CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY EICC, EICC SHALL NOT BE LIABLE FOR ANY LOSSES, EXPENSES OR DAMAGES OF ANY NATURE, INCLUDING SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST INCOME OR PROFITS, RESULTING FROM OR ARISING OUT OF THE SERVICES OR DELIVERABLES UNDER THIS AGREEMENT OR THE CFS PROGRAM, AUDIT OR RESULTS THEREOF, AND/OR THE CONDUCT OF THE AUDIT FIRM, INCLUDING AUDITEE’S OR ANY OTHER PERSON’S OR ENTITY’S USE OF OR PARTICIPATION IN THE CFS PROGRAM, THE AUDIT, OR RESULTS THEREOF, WHETHER ARISING IN TORT, CONTRACT, STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN THE EVENT THAT EICC IS FOUND LIABLE TO AUDITEE OR THIRD PARTY, AUDITEE OR THIRD PARTY SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES IN AN AGGREGATE AMOUNT NOT TO EXCEED $100,000.