Extract to table

This Engagement Letter is effective as of the date first written above and shall remain in effect until the engagement is terminated in accordance with Section 11 hereof or the engagement is otherwise concluded

The Firm's obligations of confidentiality under this Section 9 shall survive the termination or conclusion of this engagement and shall continue in perpetuity, subject only to the exceptions described herein

The Firm's obligations of confidentiality, document retention, and cooperation shall survive termination as provided in this Engagement Letter

Limitation of Liability To the fullest extent permitted by applicable law, Calderwood & Harkness's aggregate liability to Halcyon (and its affiliates, officers, directors, employees, agents, and successors) arising out of or relating to the services rendered under this Engagement Letter, whether in contract, tort, or otherwise, shall not exceed the total amount of professional fees actually paid by Halcyon to the Firm under this Engagement Letter as of the date any claim is finally adjudicated or otherwise resolved; provided, however, that the foregoing limitation shall not apply to liability arising from the Firm's willful misconduct or gross negligence

The limitations set forth in this Section 12 shall survive the termination or conclusion of this engagement and shall apply regardless of whether the engagement is terminated by the Firm, by Halcyon, or by mutual agreement

The arbitration shall be conducted before a single arbitrator selected in accordance with such rules