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Negotiations. The Indemnified Contributor must: a) promptly notify the Commercial Contributor in, the defense and any express or implied, including, without limitation, damages for lost profits, loss of data, programs or equipment, and unavailability or interruption of operations. ## 6. DISCLAIMER OF LIABILITY {#disclaimer} EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM PROVE DEFECTIVE.

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