13. For purposes of this Service Agreement, “Damages” means any claims, demands, causes of action, damages, judgments or settlements, including without limitation, attorney’s fees and court costs.
(a) RAINFOREST ALLIANCE shall not be liable to ORGANIZATION, any ORGANIZATION customer or any other person or entity for any Damages resulting directly or indirectly from ORGANIZATION’s (i) manufacture, use, sale, advertising, promotion, distribution, felling, removal, processing, transport or other disposition of product included in the Evaluation Scope; (ii) marketing, advertising or promotion of its product, enterprise or operation; or (iii) failure to comply with the terms and conditions of this Service Agreement or the evaluation hereunder.
(b) In no event will RAINFOREST ALLIANCE be liable to ORGANIZATION, any ORGANIZATION customer or any other person or entity for any indirect, special, incidental, consequential or punitive damages, including without limitation, attorney’s fees and court costs, losses or injury to earnings, profits or goodwill, arising out of or relating to this Service Agreement or the evaluation hereunder.
(c) RAINFOREST ALLIANCE’s total liability to ORGANIZATION for any Damages arising out of or in connection with this Service Agreement shall not exceed, with respect to any one event or series of connected events, an amount equal to the fees paid to RAINFOREST ALLIANCE hereunder.
14. This Service Agreement shall be governed by, and construed in accordance with, the law of the State of New York.
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