Extract to table

Unless otherwise agreed in a separate written instrument signed by both parties, the terms set forth herein shall govern the entirety of the Firm's representation of GenomeDx with respect to the matter described below

During the pendency of any billing dispute, all undisputed amounts shall remain due and payable in accordance with the payment terms set forth herein, and the accrual of interest on undisputed amounts shall not be suspended

Confidentiality All information provided by GenomeDx to C&H in connection with this engagement, whether oral, written, or electronic, is and shall remain subject to the protections of the attorney-client privilege and/or the work-product doctrine, to the fullest extent recognized by applicable law

Limitation of Liability To the fullest extent permitted by applicable law and consistent with applicable rules of professional conduct, C&H's aggregate liability to GenomeDx arising out of or relating to this engagement, whether based on contract, tort, breach of fiduciary duty, or any other theory of liability, shall not exceed the total amount of professional fees actually paid by GenomeDx to C&H under this Engagement Letter

This limitation shall not apply in cases of the Firm's willful misconduct or gross negligence

Nothing in this Section 11 shall be construed to limit or modify GenomeDx's rights under applicable rules of professional conduct or to waive any non-waivable rights under applicable law