Section 4.10 Limitation of Liability

In no event shall CVR MLS be liable for the payment of any consequential, incidental or punitive damages, or lost profits, even if CVR MLS has been advised of the possibility of such damages. The entire liability of CVR MLS to the participant or Subscriber for all claims arising from or related to the MLS database or the subject matter of these Rules and Regulations, whether in contract, tort or otherwise, shall not exceed the total amount of fees, not including out of pocket expenses, paid by the applicable participant or Subscriber to CVR MLS for the month(s) during which the MLS database did not function reasonably well or the six (6) months immediately preceding the date on which the claim accrued, whichever is less. CVR MLS shall not be liable to any third party, such as an agent employed by or associated with the Participant or a Seller, for any claims, liability, losses, damages or expenses arising from or related to these Rules and Regulations or the MLS database or IDX database. Should any agent of a Participant, including a Subscriber assert any claim, liability, loss, damage or expense (collectively, a “claim”) against CVR MLS, then the participant shall indemnify, hold harmless and defend CVR MLS from such claim, including payment of CVR MLS’ reasonable attorney’s fees and costs.


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