Stereotaxis
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S-1/A
STEREOTAXIS, INC. filed this Form S-1/A on 05/12/2004
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Article 12 - Limitation of Liability

12.1     Each Party will without limit be liable for personal injury for which
         such Party can be held responsible. Each Party will be liable for
         damages to the other Party's property for which such Party can be held
         responsible up to a maximum amount of [***] Euro [***] per damage
         event.

12.2     SUBJECT TO THE EXCLUSION OF EACH PARTY'S INDEMNIFICATION OBLIGATIONS
         HEREUNDER, NEITHER PARTY SHALL BE LIABLE, WHETHER IN CONTRACT,
         WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER
         LEGAL OR EQUITABLE THEORY FOR DAMAGE TO OR LOSS OF OTHER PROPERTY OR
         EQUIPMENT, BUSINESS INTERRUPTION OR LOST REVENUE, LOSS OF PROFITS OR
         SALES, COST OF CAPITAL, FOR ANY LOSS OF USE, FOR ANY LOSS OR CORRUPTION
         OF DATA OR FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR
         CONSEQUENTIAL DAMAGES OR FOR ANY OTHER LOSS, COSTS OR EXPENSES OF A
         SIMILAR TYPE, EVEN IF THE PARTY SOUGHT TO BE HELD LIABLE HAS BEEN
         ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3     THE LIABILITY OF EACH PARTY FOR ANY ACT OR OMISSION, OR WITH RESPECT TO
         LICENSED SOFTWARE FURNISHED AS WELL AS SERVICES RENDERED UNDER THIS
         AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR
         STRICT LIABILITY), INDEMNITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY,
         WILL IN NO EVENT EXCEED [***] EURO [***] FOR ALL LIABILITY IN THE
         AGGREGATE.

12.4     The rights and remedies explicitly contained in this Agreement are
         exclusive, not cumulative and the Parties accept these remedies in
         lieu of all rights and remedies available at law or otherwise, in
         contract (including warranty) or in tort (including negligence), for
         any and all claims of any nature arising under this Agreement or any
         performance or breach arising out of this Agreement.

12.5     This Article 12 shall survive any termination or expiration of this
         Agreement.


[*** Indicates portions of this exhibit that have been omitted and filed
separately with the Securities and Exchange Commission pursuant to a request for
confidential treatment.]


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