1.	Limitation of Liability and Waiver of Consequential Damages.  Notwithstanding anything herein to the contrary, the remedies provided under this Confirmation Letter and Master Agreement are the exclusive remedies available to the Parties.  Under no circumstances shall the maximum aggregate liability of EPMI for damages under this Confirmation Letter and Master Agreement exceed one hundred percent (100%) of the fees paid to EPMI under this Confirmation Letter (the "Aggregate Limit").  The Aggregate Limit is the total aggregate liability of EPMI under any theory of recovery, and includes but is not limited to liquidated damages, warranty obligations, tort (including negligence), breach of contract (including any breach resulting in termination) and indemnity obligations.  Neither party (nor their directors, officers, employees, affiliates, or shareholders) shall be entitled to recover incidental, indirect or consequential damages, including loss of profits, loss of business opportunities, loss of goodwill, increased operating costs, or any other special or incidental damages, or any punitive or exemplary damages.