Extract to table

Nothing in this Engagement Letter shall be construed as a general or advance waiver by Cascade of any conflict of interest that may arise in the future

Limitation of Liability To the fullest extent permitted by applicable law and the Rules of Professional Conduct, the Firm's aggregate liability to Cascade for any and all claims, losses, damages, costs, and expenses arising out of or relating to this engagement, whether based in contract, tort, negligence, professional malpractice, or otherwise, shall not exceed the total amount of professional fees actually paid by Cascade to the Firm in connection with this engagement

This limitation shall not apply to the extent it is prohibited by applicable law or by the professional conduct rules governing attorneys licensed in the State of New York

Nothing in this Section 9 shall limit or modify the Firm's professional responsibilities to Cascade under the applicable Rules of Professional Conduct

If the parties are unable to agree on an arbitrator within fifteen (15) days of the commencement of arbitration proceedings, the arbitrator shall be appointed by JAMS in accordance with its rules

The arbitrator's award shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction