Liability and Remedy. 6.1 The parties shall be exempt from and shall not be liable under any circumstances for any indirect or consequential damages of any nature or any loss or profit or other special damages which the Retailer or MAHALA may suffer as a result of the implementation of this agreement, provided such damages are not the result of serious and deliberate misconduct and/or negligence on the part of the other party or its employees. 6.2 The parties are hereby also exempted from any loss or damage to any property of the Retailer or MAHALA including but without limitation to the loss of data and information, save for such damages caused by the gross negligence of a party.
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Sources: Retailer Agreement, Retailer Agreement