Extract to table

2 Billing and Payment Invoices for fees and expenses incurred in connection with this engagement will be rendered by the Firm on a monthly basis in arrears and shall be payable by Aurelius within thirty (30) days of receipt

Aurelius acknowledges that Calderwood & Harkness LLP is a large, international law firm with a diverse and extensive client base and agrees that the Firm's representation of other clients in matters unrelated to this engagement shall not constitute a conflict of interest

Aurelius agrees to take reasonable steps to maintain the confidentiality of the Firm's advice and work product and to preserve all applicable privileges

Limitation of Liability To the fullest extent permitted by applicable law, Calderwood & Harkness LLP's aggregate liability to Aurelius and its affiliates arising out of, relating to, or in connection with the services provided under this engagement, whether based on contract, tort (including negligence), strict liability, or any other theory of liability, shall not exceed the total amount of professional fees actually paid by Aurelius to the Firm for services rendered under this Engagement Letter

This limitation of liability shall not apply to claims arising from the Firm's gross negligence or willful misconduct

The decision and award of the arbitrator shall be final and binding upon the parties and may be entered and enforced in any court of competent jurisdiction