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<br />Page 9 of 15 <br />competent jurisdiction to have resulted from willful misconduct or fraudulent acts <br />or omissions of Aon in connection with such services. <br /> <br />C. In no event shall Aon be liable to the Diversion Authority, whether in tort (including negligence), contract or otherwise for any amount, in the aggregate, in excess of one million dollars ($1,000,000) under this Agreement, except to the <br />extent fully and finally determined by a court of competent jurisdiction to have <br />resulted from the willful misconduct or fraudulent behavior of Aon, and neither <br />Aon nor the Diversion Authority shall be liable to the other for any consequential, indirect, lost profit, lost opportunity or similar damages relating to Aon's services provided under this Agreement. <br /> <br />18. ADDITIONAL PAYMENT. Nothing contained in this Agreement shall obligate the <br />Diversion Authority to make any payment for services rendered in any period after the termination of Aon’s retention by the Diversion Authority. <br />19. BREACH AND REMEDIES. <br /> <br />A. A breach exists under this Agreement if Aon: (1) Makes a material misrepresentation in writing; or (2) Fails or is unable to meet or perform any material promise in this Agreement, <br />and <br />(a) Is incapable of curing the failure, or <br />(b) Does not cure the failure within ten (10) days following notice (or within a longer period if specified in the notice). <br />B. Aon must give the Diversion Authority notice immediately if Aon breaches, or if a <br />third party claim or dispute is brought or threatened that alleges facts that would <br />constitute a breach under this Agreement. C. If a breach exists under this Agreement, the Diversion Authority may do any of the <br />following: <br />(1) Require Aon to enter into non-binding mediation; <br />(2) Terminate this Agreement, in whole or in part; and (3) Seek any other available remedy at law or in equity. <br />D. All remedies provided for in this Agreement may be exercised individually or in <br />combination with any other available remedy. <br /> <br />20. TERMINATION. <br />A. The Diversion Authority may terminate this Agreement, in whole or in part, for <br />cause if Aon is in breach and Aon has not cured such breach within 10 days, or such <br />longer period as allowed by the Diversion Authority. <br />