9. no
warranty. google makes no warranty, express or implied, including without
limitation with respect to advertising, links, search, referrals, and other
services, and expressly disclaims the warranties or conditions of
noninfringement, merchantability, and fitness for any particular purpose. to
the extent ads, links, and search results are based on or displayed in
connection with non-google content, google shall not have any liability in
connection with the display of such ads, links, and search results.
10. limitations
of liability; force majeure. except for any indemnification and
confidentiality obligations hereunder or your breach of any intellectual
property rights and/or proprietary interests relating to the program, (i) in no
event shall either party be liable under this agreement for any consequential,
special, indirect, exemplary, or punitive damages whether in contract, tort or
any other legal theory, even if such party has been advised of the possibility
of such damages and notwithstanding any failure of essential purpose of any
limited remedy and (ii) google's aggregate liability to publisher under this
agreement for any claim is limited to the net amount paid by google to
publisher during the three month period immediately preceding the date of the
claim. each party acknowledges that the other party has entered into this
agreement relying on the limitations of liability stated herein and that those
limitations are an essential basis of the bargain between the parties. without
limiting the foregoing and except for payment obligations, neither party shall
have any liability for any failure or delay resulting from any condition beyond
the reasonable control of such party, including but not limited to governmental
action or acts of terrorism, earthquake or other acts of god, labor conditions,
and power failures.