by either West or the insurer in question.11. LIMITATION OF LIABILITYEXCEPT WITH RESPECT TO LIABILITY ARISING FROM A PARTY'S INDEMNIFICATION OBLIGATIONS HEREUNDER, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, (A) NEITHER PARTY HERETO SHALL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND (B) EXCEPT WITH RESPECT TO LIABILITY ARISING FROM BROWN'S INDEMNIFICATION OBLIGATIONS HEREUNDER, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, THE LIABILITY OF BROWN HEREUNDER SHALL NOT EXCEED THE FEES, IF ANY, DUE AND OWING TO WEST HEREUNDER.12. Optional ServicesDuring the Term, Brown shall have the right to request from West a proposal with respect to any of the Optional Services set forth in Schedule E hereto. Within ________ (_____) business days of such request, West shall provide Brown with a written proposal specifying all Deliverables to be provided under such Optional Services, a related production schedule for the production and delivery of such Deliverables, and a fixed price for the creation and delivery of such Deliverables. Upon Brown's written approval of such proposal, such proposal shall be deemed an approved addition (an "Approved Addition") and shall be deemed an amendment to this Agreement. All Deliverables shall be subject to acceptance by Brown pursuant to Article 3 hereof.13. Change Control ProcedureDuring the Term, Brown shall have the right to request from West changes in the scope of work as set forth in this Agreement or as determined by an accepted Deliverable. West shall evaluate the impact of each requested change, and use its best efforts to respond with a proposal to effectuate the change without any material impact on the Production Schedule, or on the cost of the Services or Deliverables. West shall, within a reasonable time, inform Brown in writing of the impact, if any, of the proposed change on the Product...
