Common use of Disclaimer of Warranties Clause in Contracts

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 EXCEPT FOR THE EXPRESS REPRESENTATIONS AND 9.3, THE WARRANTY SET FORTH WARRANTIES IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, TOMIS AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. TOMIS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (B) THE SERVICE WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY SUBSCRIBER THROUGH THE SERVICE WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO SUBSCRIBER STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER ARISING IN FACTEXPRESS, IN LAWIMPLIED, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTYIMPLIED WARRANTY OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM NON- INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY TOMIS AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINITS LICENSORS.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 GEOTRUST AND 9.3ADOBE EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATION, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OR COVENANT OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFANY KIND, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF SUPPLIER LAW, WITH RESPECT TO EACH PRODUCT THE SERVICES PROVIDED OR PART THEREOFTHE CDS CERTIFICATE ISSUED HEREUNDER, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) ALL WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE OF THE SERVICES OR CDS CERTIFICATE, SATISFACTORY QUALITYAND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR ARISING FROM COMMON LAW, TRADE USAGE, COURSE OF PERFORMANCEDEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. GEOTRUST AND ADOBE FURTHER DISCLAIM AND MAKE NO REPRESENTATION, DEALINGWARRANTY OR COVENANT OF ANY KIND, USAGE WHETHER EXPRESS OR TRADE PRACTICE; IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, TO SUBSCRIBER OR ANY THIRD PARTY THAT (A) ANY SUBSCRIBER TO WHICH IT HAS ISSUED A CDS CERTIFICATE IS IN THE FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO BE IN THE INFORMATION SUPPLIED TO GEOTRUST OR ADOBE, (B) THAT A SUBSCRIBER IS IN FACT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; PERSON, ENTITY OR ORGANIZATION LISTED IN A CDS CERTIFICATE, OR (C) THAT THE OPERATION INFORMATION CONTAINED IN THE CDS CERTIFICATE OR IN ANY CDS CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY GEOTRUST, OR THE RESULTS OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CDS CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR ERROR FREERELIABLE. THIS SECTION AND SUBSCRIBER ACKNOWLEDGES THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE INHERENT POSSIBILITY OF THE NATURE COMPROMISE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES SUBSCRIBER'S AND/OR FAILURE ANOTHER SUBSCRIBER'S PRIVATE KEY, WHICH MAY OR MAY NOT BE DETECTED, AND THE POSSIBLE USE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT A STOLEN OR OF ANY REMEDY CONTAINED HEREINCOMPROMISED PRIVATE KEY TO FORGE SUBSCRIBER'S OR ANOTHER SUBSCRIBER'S DIGITAL SIGNATURE.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 THE IMGING SERVICES AND 9.3ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, THE WITHOUT WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OR CONDITION OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFANY KIND, AND CUSTOMER HEREBY WAIVESEITHER EXPRESS OR IMPLIED. LOVELAND DISCLAIMS ALL WARRANTIES OF ANY KIND, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF SUPPLIER MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. LOVELAND DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS, OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. IMGING EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OR IN ANY WAY RELATED TO ANY UAV OR MOBILE HARDWARE, UAV OR MOBILE SOFTWARE AND ANY THIRD-PARTY SOFTWARE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS, OR CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY AUTOMATED DAMAGE OR OBJECT DETECTION, WILL CREATE ANY WARRANTY REGARDING ANY OF THE IMGING ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, UAV KIT AND ANY MATERIALS, OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR UAV HARDWARE USED IN CONNECTION WITH THE SERVICE) OR THIRD-PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR ANY ASSOCIATED HARDWARE. IF THE SERVICE INCLUDES AUTOMATED DAMAGE OR OBJECT DETECTION, YOU SPECIFICALLY AGREE TO USE SUCH FEATURES OF THE SERVICE AS IS WITHOUT ANY WARRANTY FROM LOVELAND. YOU ACKNOWLEDGE AND AGREE THAT ANY PERCENTAGE CONFIDENCE OR OTHER INDICATION OF THE SERVICE’S ACCURACY WITH RESPECT TO EACH PRODUCT ANY DAMAGE OR PART THEREOFOBJECT DETECTION IS AN ESTIMATE ONLY AND NOT PURSUANT TO ANY LEGAL STANDARD. YOU AGREE TO USE THE DAMAGE AND OBJECT DETECTION FEATURES ONLY TO ASSIST YOU, PRODUCT DOCUMENTATION AS THE USER, IN IDENTIFYING DAMAGE AND/OR OBJECTS, AND THAT ANY SUCH DETERMINATIONS ARE MADE BY YOU AND NOT MADE BY THE SERVICE. YOU AGREE NOT TO RELY IN ANY WAY ON ANY AUTOMATED DAMAGE OR OBJECT DETECTION PROVIDED BY IMGING WITHOUT INDEPENDENT VERIFICATION BY USER. IN NO EVENT WILL LOVELAND BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTANY MATERIALS, FLIGHT ENVIRONMENT DATA, OR CONTENT ON THE SERVICE, WHETHER ARISING IN FACTBASED ON WARRANTY, IN LAWCONTRACT, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISESTATUTE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH WHETHER OR BREACHES AND/OR FAILURE NOT LOVELAND HAS BEEN INFORMED OF THE ESSENTIAL PURPOSE POSSIBILITY OF DAMAGE. THE AGGREGATE LIABILITY OF LOVELAND TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE AGREEMENT SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO LOVELAND. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY CONTAINED HEREINFAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Disclaimer of Warranties. SUBJECT LICENSEE ACKNOWLEDGES AND AGREES THAT THE FOLLOWING DISCLAIMERS ARE APPLICABLE TO SECTIONS 9.2 LICENSEE AND 9.3, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER ITS CLIENTS AND/OR ANY OTHER ENTITIES WHO HAVE ACCESS TO BE EXCLUSIVE AND IN LIEU OFDATA OR DERIVED DATA, AND CUSTOMER SHALL ENSURE THAT SUBSTANTIALLY SIMILAR LANGUAGE SHALL BE INCLUDED IN ANY MARKETING MATERIALS, CONTRACTS, OR ANY OTHER DOCUMENTATION ACCOMPANYING THE DERIVED DATA. THE DATA IS PROVIDED “AS IS” AND ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY SUPPLIERS HEREBY WAIVES, RELEASES EXPRESSLY DISCLAIM ANY AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIESAND WARRANTIES OF EVERY KIND, EXPRESS AND/OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOFMERCHANTABILITY, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, SATISFACTORY QUALITYTITLE OR NON- INFRINGEMENT, AS TO THE DATA, INCLUDING THE INFORMATION, CONTENT, DATA, DERIVED DATA OR ARISING FROM COURSE PRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED OR DERIVED THEREFROM BY THEIR USE, AND AS TO THE PERFORMANCE THEREOF. NEITHER ICE DATA, ITS AFFILIATES NOR THEIR RESPECTIVE THIRD PARTY SUPPLIERS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF PERFORMANCETHE DATA OR ANY COMPONENT THEREOF. ICE DATA, DEALINGITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY SUPPLIERS SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, USAGE OMISSIONS, INTERRUPTIONS, MALFUNCTIONS OR TRADE PRACTICE; (B) THAT DELAYS IN THE PRODUCTS DATA. FURTHER, ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY SUPPLIERS SHALL NOT BE FREE FROM INFRINGEMENT OF RIGHTS OF LIABLE FOR ANY CLAIMS AGAINST LICENSEE BY THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.

Disclaimer of Warranties. SUBJECT EXCEPT TO SECTIONS 9.2 AND 9.3THE EXTENT PROVIDED IN THIS AGREEMENT OR IN ANY OTHER DOCUMENT, INSTRUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION WITH THIS AGREEMENT, THE WARRANTY SET FORTH IN SECTION 8.1 PARTIES ACKNOWLEDGE AND AGREE THAT NONE OF THE OBLIGATIONS PARTIES HAS MADE, NONE OF THE PARTIES DOES MAKE AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE EACH PARTY SPECIFICALLY NEGATES AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIESDISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARANTEESPROMISES, OBLIGATIONSCOVENANTS, REPRESENTATIONS AGREEMENTS OR LIABILITIES, EXPRESS GUARANTIES OF ANY KIND OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTCHARACTER WHATSOEVER, WHETHER ARISING IN FACTEXPRESS, IN LAWIMPLIED OR STATUTORY, IN CONTRACT ORAL OR WRITTEN, PAST OR PRESENT, REGARDING (INCLUDING FUNDAMENTAL BREACH)A) THE VALUE, IN TORT (INCLUDING NEGLIGENCE)NATURE, QUALITY OR OTHERWISECONDITION OF THE ASSETS OWNED BY THE TRANSFERRED SUBSIDIARIES, INCLUDING, WITHOUT LIMITATION, THE ENVIRONMENTAL CONDITION OF THE ASSETS GENERALLY, INCLUDING, WITHOUT LIMITATION, THE PRESENCE OR LACK OF HAZARDOUS SUBSTANCES OR OTHER MATTERS ON SUCH ASSETS, (B) THE INCOME TO BE DERIVED FROM SUCH ASSETS, (C) THE SUITABILITY OF SUCH ASSETS FOR ANY WARRANTYAND ALL ACTIVITIES AND USES THAT MAY BE CONDUCTED THEREON OR THEREWITH, CONDITION (D) THE COMPLIANCE OF OR REPRESENTATION BY SUCH ASSETS OR THEIR OPERATION WITH ANY LAWS (AINCLUDING, WITHOUT LIMITATION, ANY ZONING, ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS) OF MERCHANTABILITY OR (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF SUCH ASSETS. EXCEPT TO THE EXTENT PROVIDED IN ANY OTHER DOCUMENT, SATISFACTORY QUALITYINSTRUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION WITH THIS AGREEMENT, EACH PARTY ACKNOWLEDGES AND AGREES THAT SUCH PARTY HAS HAD THE OPPORTUNITY TO INSPECT THE ASSETS OF THE TRANSFERRED SUBSIDIARIES, AND SUCH PARTY IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE ASSETS OF THE TRANSFERRED SUBSIDIARIES AND NOT ON ANY INFORMATION PROVIDED OR ARISING FROM COURSE TO BE PROVIDED BY ANY OF PERFORMANCETHE OTHER PARTIES. EXCEPT TO THE EXTENT PROVIDED IN ANY OTHER DOCUMENT, DEALINGINSTRUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION WITH THIS AGREEMENT, USAGE NONE OF THE PARTIES IS LIABLE OR TRADE PRACTICE; (B) THAT BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PRODUCTS BE FREE FROM INFRINGEMENT ASSETS OF RIGHTS OF THE TRANSFERRED SUBSIDIARIES FURNISHED BY ANY AGENT, EMPLOYEE, SERVANT OR THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREEPARTY. THIS SECTION 6.2 SURVIVES THE CONTRIBUTION AND CONVEYANCE OF THE LIMITATIONS INTERESTS OR THE TERMINATION OF THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 6.2 HAVE BEEN NEGOTIATED BY THE PARTIES AFTER DUE CONSIDERATION AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE ASSETS OF THE TRANSFERRED SUBSIDIARIES THAT MAY ARISE PURSUANT TO ANY LAW NOW OR HEREAFTER IN EFFECT, OR OTHERWISE, EXCEPT AS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT IN THIS AGREEMENT OR ANY OTHER LEGAL THEORYDOCUMENT, AND SHALL SURVIVE A FUNDAMENTAL BREACH INSTRUMENT OR BREACHES AND/AGREEMENT EXECUTED OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINDELIVERED IN CONNECTION WITH THIS AGREEMENT.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3THE WARRANTIES, THE WARRANTY IF ANY, SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER SCHEDULES ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVESMRI, RELEASES ITS LICENSORS AND RENOUNCES SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS CONDITIONS OR LIABILITIES, OTHER TERM EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT ORAL OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISEWRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTYWARRANTY THAT ANY SOFTWARE, CONDITION SAAS SERVICE, CONTENT, DELIVERABLES OR REPRESENTATION OTHER SERVICES ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED; (Aii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYAND NON- INFRINGEMENT, (iii) ANY WARRANTY, CONDITION OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) OTHER TERM THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES CONTENT AND/OR FAILURE THIRD PARTY SOFTWARE WILL BE ACCURATE, RELIABLE AND ERROR-FREE AND (iv) ANY AND ALL IMPLIED WARRANTIES, CONDITION OR OTHER TERM ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO ADVICE, STATEMENT OR INFORMATION GIVEN BY MRI, ITS AFFILIATES, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. ALTHOUGH CERTAIN OF THE ESSENTIAL PURPOSE SOFTWARE AND CONTENT MAY BE DESIGNED TO HELP CLIENTS COMPLY WITH APPLICABLE LAWS AND REGULATIONS, MRI HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SUFFICIENCY OR ACCURACY OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINSOFTWARE AND CONTENT IN THIS REGARD; MOREOVER, VARIOUS STATE LAWS MAY APPLY, AND THE SOFTWARE DOES NOT INCORPORATE STATE LAW REQUIREMENTS. ALL SUCH LAWS AND REGULATIONS MAY CHANGE FROM TIME TO TIME, AND THE SOFTWARE AND CONTENT MAY NOT BE UPDATED TO REFLECT SUCH CHANGES. CLIENT SHOULD CONSULT AN ATTORNEY WITH RESPECT TO COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 BUYER ACKNOWLEDGES AND 9.3AGREES THAT THE ASSETS ARE BEING SOLD AND TRANSFERRED “AS IS, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFWHERE IS” AND, AND CUSTOMER HEREBY WAIVESACCORDINGLY, RELEASES AND RENOUNCES ALL OTHER REMEDIESSELLER IS NOT MAKING ANY COVENANTS, REPRESENTATIONS, GUARANTEES OR WARRANTIES, GUARANTEESWRITTEN OR ORAL, OBLIGATIONS, REPRESENTATIONS OR LIABILITIESSTATUTORY, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT CONCERNING SUCH ASSETS, EXCEPT THOSE REPRESENTATIONS OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING WARRANTIES CONTAINED IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISESECTION 4.3 BELOW, INCLUDING, IN PARTICULAR, AND WITHOUT LIMITATION, ANY WARRANTYCOVENANTS, CONDITION REPRESENTATIONS OR REPRESENTATION (A) WARRANTIES WITH RESPECT TO TITLE DESIGN OR THE QUALITY OF MERCHANTABILITY THE ASSETS, ANY WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYOR ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE AS TO THE WORKMANSHIP THEREOF OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION ABSENCE OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED DEFECTS THEREIN, WHETHER LATENT OR ERROR FREE. THIS SECTION AND PATENT, OR AS TO THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE CONDITION OF THE NATURE ASSETS, OR ANY PART THEREOF, OR WHETHER THE BUYER POSSESSES SUFFICIENT REAL PROPERTY OR PERSONAL PROPERTY TO OPERATE THE ASSETS. WITHOUT LIMITING THE GENERALITY OF THE CAUSE FOREGOING, SELLER EXPRESSLY DISCLAIMS ANY COVENANT, REPRESENTATION, GUARANTEE OR WARRANTY OF ACTIONANY KIND REGARDING THE CONDITION OF THE ASSETS OR THE SUITABILITY OF THE ASSETS FOR OPERATION FOR THE TRANSMISSION OR DISTRIBUTION OF ELECTRICITY AND NO OTHER MATERIAL OR INFORMATION PROVIDED BY OR COMMUNICATION MADE BY SELLER, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORYOFFICER, AND EMPLOYEE, CONSULTANT OR AGENT THEREOF, WILL CAUSE OR CREATE ANY COVENANT, REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, CONDITION, VALUE OR QUALITY OF THE ASSETS OR ANY PART THEREOF. THE PROVISIONS HEREOF SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE THE TRANSFER OF THE ESSENTIAL PURPOSE OF ASSETS. THE AGREEMENT OR PROVISIONS HEREOF HAVE BEEN NEGOTIATED BY THE PARTIES HERETO AFTER DUE CONSIDERATION AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY REMEDY REPRESENTATIONS, GUARANTEES AND WARRANTIES, WHETHER EXPRESS OR IMPLIED OR STATUTORY, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREININ SECTION 4.3 BELOW. Buyer agrees to take the Assets with knowledge that they have been used for a period of time by Seller in its business.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTY SET FORTH IN SECTION 8.1 SITE, INCLUDING ALL TEXT, GRAPHICS, LOGOS, AUDIO AND VIDEO CLIPS, PHOTOGRAPHS, AND OTHER CONTENT IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND THE OBLIGATIONS ENTIRE RISK OF USE AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFPERFORMANCE, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIESREMAINS WITH YOU. SPD DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEESOR CONDITIONS, OBLIGATIONSEXPRESS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER OR STATUTORY AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO EACH PRODUCT OR PART THEREOFTHE SITE. IN PARTICULAR, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTSPD MAKES NO WARRANTY THAT THE SITE, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)CONTENT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION PRODUCTS: (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICEWILL MEET YOUR REQUIREMENTS; (B) THAT THE PRODUCTS WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE FREE FROM INFRINGEMENT VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. NOR DOES SPD WARRANT THAT ANY DEFECTS OR ERRORS ON THE SITE OR CONTENT WILL BE CORRECTED. SPD DOES NOT ASSUME ANY LIABILITY RELATING TO DELAYS OR INTERRUPTIONS ATTRIBUTABLE TO THIRD PARTY FAILURES BEYOND ITS CONTROL. THE SITE AND ALL CONTENT YOU DOWNLOAD, UPLOAD, OR OBTAIN FROM THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. DISCLAIMER OF RIGHTS CERTAIN XXXXXXX.XX THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPD BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF THIRD PARTIESPROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR (C) THAT CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; WRONGFUL DEATH; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE OPERATION SITE, CONTENT, OR YOUR ACCOUNT, EVEN IF SPD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPD SHALL IN NO EVENT BE LIABLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED KIND RESULTING FROM ANY OF ITS EMPLOYEES, REPRESENTATIVES OR ERROR FREE. THIS SECTION AND SALES PERSONS RENDERING TECHNICAL OR OTHER ADVICE OR REPRESENTATIONS IN CONNECTION WITH THE LIMITATIONS SET FORTH HEREINPERFORMANCE OF ANY COMPUTER HARDWARE, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTIONCOMPUTER SOFTWARE, DEMAND OR CLAIMCOMPUTER PRINTERS, INCLUDING BUT NOT LIMITED TOMEDIA USED BY THOSE PRINTERS, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY COMBINATIONS THEREOF UNLESS IT IS SPECIFICALLY CONTAINED HEREININ THIS AGREEMENT.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTY SET FORTH IN SECTION 8.1 APPLICATION IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE OBLIGATIONS ENTIRE RISK OF USE AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE PERFORMANCE, REMAINS WITH YOU. HTC AND IN LIEU OF, ITS SUPPLIERS AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIESLICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEESOR CONDITIONS, OBLIGATIONSEXPRESS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOFMERCHANTABILITY, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTMERCHANTABLE QUALITY, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYTITLE, QUIET ENJOYMENT, OR ARISING FROM COURSE OF PERFORMANCENON-INFRINGEMENT. IN PARTICULAR, DEALINGHTC, USAGE ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT THE APPLICATION: (A) WILL MEET YOUR REQUIREMENTS OR TRADE PRACTICEWILL WORK WITH ANY THIRD-PARTY APPLICATION, APPLICATIONS OR THIRD-PARTY SERVICES; (B) THAT THE PRODUCTS WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIESBASIS; (C) OR ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (CD) OR THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER DEFECTS OR ERRORS THEREIN WILL BE UNINTERRUPTED CORRECTED. ALL CONTENT AND OTHER MATERIAL YOU DOWNLOAD OR ERROR FREEOBTAIN THROUGH THE APPLICATION IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE INSTALLATION OF THE NATURE OF APPLICATION MAY AFFECT THIRD-PARTY APPLICATION, APPLICATIONS, DEVICES OR SERVICES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE CAUSE OF ACTIONEXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, DEMAND OR CLAIM, INCLUDING THOSE TERMS ARE DEEMED INCORPORATED INTO THIS AGREEMENT BUT NOT LIMITED TO, HTC’S LIABILITY FOR A BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF TO THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINEXTENT PERMISSIBLE UNDER THAT LEGISLATION.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3THE WARRANTIES, THE WARRANTY IF ANY, SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER SCHEDULES ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVESMRI, RELEASES ITS LICENSORS AND RENOUNCES SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS CONDITIONS OR LIABILITIESOTHER TERMS, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT ORAL OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISEWRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY, CONDITION OR REPRESENTATION OTHER TERM THAT ANY SOFTWARE, SAAS SERVICE, CONTENT, DELIVERABLES OR OTHER SERVICES ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED; (Aii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR ARISING FROM COURSE THE USE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICEREASONABLE SKILL AND CARE; (Biii) ANY WARRANTY, CONDITION OR OTHER TERM THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES CONTENT AND/OR FAILURE THIRD PARTY SOFTWARE WILL BE ACCURATE, RELIABLE AND ERROR-FREE AND (iv) ANY AND ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO ADVICE, STATEMENT OR INFORMATION GIVEN BY MRI, ITS AFFILIATES, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. ALTHOUGH CERTAIN OF THE ESSENTIAL PURPOSE SOFTWARE AND CONTENT MAY BE DESIGNED TO HELP CLIENTS COMPLY WITH APPLICABLE LAWS AND REGULATIONS, MRI HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SUFFICIENCY OR ACCURACY OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINSOFTWARE AND CONTENT IN THIS REGARD. ALL SUCH LAWS AND REGULATIONS MAY CHANGE FROM TIME TO TIME, AND THE SOFTWARE AND CONTENT MAY NOT BE UPDATED TO REFLECT SUCH CHANGES. CLIENT SHOULD CONSULT AN ATTORNEY WITH RESPECT TO COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, OTHER THAN THE WARRANTY SET FORTH OF TITLE GRANTED HEREIN, NO WARRANTY SHALL BE PROVIDED BY SELLER WITH RESPECT TO PARTS SOLD HEREUNDER, AND EACH PART SOLD TO CUSTOMER IS SOLD IN SECTION 8.1 “AS-IS” CONDITION WITH ALL ASSIGNABLE WARRANTIES FROM THE LAST OPERATOR OR REPAIR FACILITY, IF ANY, AND THE OBLIGATIONS AND LIABILITIES LIABILITY OF SUPPLIER THEREUNDER SELLER HEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND EXPRESSLY IN LIEU OFOF ALL OTHER WARRANTIES, AND CUSTOMER HEREBY WAIVES, WAIVES AND RELEASES SELLER FROM ANY AND RENOUNCES ALL OTHER REMEDIESWARRANTIES, WARRANTIESAGREEMENTS, GUARANTEES, CONDITIONS, OBLIGATIONS, REPRESENTATIONS DUTIES, REPRESENTATIONS, REMEDIES OR LIABILITIESLIABILITIES OF ANY KIND, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT ANY PARTS, ARISING IN CONTRACT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTIN TORT, WHETHER ARISING IN FACTUNDER THEORIES OF NEGLIGENCE, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING STRICT NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO: (1) ANY WARRANTY, CONDITION OR REPRESENTATION (A) WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR (2) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, DEALINGCOURSE OF DEALING OR USAGE OF TRADE, USAGE AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT REMEDY, FOR LOSS OF RIGHTS OF THIRD PARTIES; USE OR (C) THAT THE OPERATION OF DAMAGE TO ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED ENGINE OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT AIRCRAFT OR ANY OTHER LEGAL THEORYPROPERTY FOR LOSS OF REVENUE OR PROFIT WITH RESPECT TO ANY SUCH PROPERTY FOR LIABILITY OF CUSTOMER TO ANY THIRD PARTY OR FOR ANY OTHER DIRECT, AND SHALL SURVIVE A FUNDAMENTAL BREACH INDIRECT, INCIDENTAL, OR BREACHES AND/CONSEQUENTIAL DAMAGES WHATSOEVER WITH RESPECT TO ANY PART SOLD HEREUNDER, EXCEPT IN THE CASE OF SELLER’S GROSS NEGLIGENCE OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINWILLFUL MISCONDUCT.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8.1 4, EACH PARTY (AS “DISCLAIMING PARTY”) DISCLAIMS AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER OTHER PARTY HEREBY WAIVES, RELEASES ANY AND RENOUNCES ALL OTHER REMEDIES, REPRESENTATIONS AND WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER ARISING BY LAW OR OTHERWISE WITH RESPECT REGARD TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION DISCLAIMING PARTY DISCLAIMS (A) ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SCOPE, COVERAGE, VALIDITY OR ENFORCEABILITY OF ANY OF THE LICENSED PATENT RIGHTS, LICENSOR IMPROVEMENT PATENTS AND LICENSEE IMPROVEMENT PATENTS; AND (B) ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY PRODUCT LICENSED TO THE OTHER PARTY (INCLUDING,, BUT NOT LIMITED TO, ANY INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY AND ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE). FURTHER, DISCLAIMING PARTY MAKES NO REPRESENTATION OR WARRANTY THAT THE LICENSED PATENT RIGHTS, LICENSOR IMPROVEMENT PATENTS OR LICENSEE IMPROVEMENT PATENTS CAN BE USED FOR ANY PARTICULAR PURPOSE, SATISFACTORY QUALITYTHAT THE EXERCISE OF THE LICENSE WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS RIGHT OF ANY THIRD PARTY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OTHER PARTY CAN SUCCESSFULLY MAKE, HAVE MADE, OFFER FOR SALE, SELL OR (C) THAT THE OPERATION OF USE ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINPRODUCT LICENSED BY SUCH PARTY.

Disclaimer of Warranties. SUBJECT EXCEPT TO SECTIONS 9.2 AND 9.3THE EXTENT PROVIDED IN THIS AGREEMENT OR IN ANY OTHER DOCUMENT EXECUTED OR DELIVERED IN CONNECTION WITH THIS AGREEMENT, THE WARRANTY SET FORTH IN SECTION 8.1 PARTIES ACKNOWLEDGE AND AGREE THAT NONE OF THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFPARTIES HAS MADE, DOES NOT MAKE, AND CUSTOMER HEREBY WAIVESEACH SUCH PARTY SPECIFICALLY NEGATES AND DISCLAIMS, RELEASES AND RENOUNCES ALL OTHER REMEDIESANY REPRESENTATIONS, WARRANTIES, GUARANTEESPROMISES, OBLIGATIONSCOVENANTS, REPRESENTATIONS AGREEMENTS OR LIABILITIES, EXPRESS GUARANTIES OF ANY KIND OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTCHARACTER WHATSOEVER, WHETHER ARISING IN FACTEXPRESS, IN LAWIMPLIED OR STATUTORY, IN CONTRACT ORAL OR WRITTEN, PAST OR PRESENT, REGARDING (INCLUDING FUNDAMENTAL BREACH)A) THE VALUE, IN TORT (INCLUDING NEGLIGENCE)NATURE, QUALITY OR OTHERWISECONDITION OF THE ASSETS OWNED BY THE DYNAGAS EQUITY SUBSIDIARIES, INCLUDING, WITHOUT LIMITATION, THE ENVIRONMENTAL CONDITION OF THE ASSETS GENERALLY, INCLUDING, WITHOUT LIMITATION, THE PRESENCE OR LACK OF HAZARDOUS SUBSTANCES OR OTHER MATTERS ON SUCH ASSETS, (B) THE INCOME TO BE DERIVED FROM SUCH ASSETS, (C) THE SUITABILITY OF SUCH ASSETS FOR ANY WARRANTYAND ALL ACTIVITIES AND USES THAT MAY BE CONDUCTED THEREON OR THEREWITH, CONDITION (D) THE COMPLIANCE OF OR REPRESENTATION BY SUCH ASSETS OR THEIR OPERATION WITH ANY LAWS (AINCLUDING WITHOUT LIMITATION ANY ZONING, ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS), OR (E) OF MERCHANTABILITY THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF SUCH ASSETS. EXCEPT TO THE EXTENT PROVIDED IN ANY OTHER DOCUMENT EXECUTED OR DELIVERED IN CONNECTION WITH THIS AGREEMENT, SATISFACTORY QUALITYEACH PARTY ACKNOWLEDGES AND AGREES THAT SUCH PARTY HAS HAD THE OPPORTUNITY TO INSPECT THE ASSETS OF THE DYNAGAS EQUITY SUBSIDIARIES, AND SUCH PARTY IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE ASSETS OF THE DYNAGAS EQUITY SUBSIDIARIES AND NOT ON ANY INFORMATION PROVIDED OR ARISING FROM COURSE TO BE PROVIDED BY ANY OF PERFORMANCETHE OTHER PARTIES. EXCEPT TO THE EXTENT PROVIDED IN ANY OTHER DOCUMENT EXECUTED OR DELIVERED IN CONNECTION WITH THIS AGREEMENT, DEALINGNONE OF THE PARTIES IS LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, USAGE REPRESENTATIONS OR TRADE PRACTICE; (B) THAT INFORMATION PERTAINING TO THE PRODUCTS BE FREE FROM INFRINGEMENT ASSETS OF RIGHTS OF THE DYNAGAS EQUITY SUBSIDIARIES FURNISHED BY ANY AGENT, EMPLOYEE, SERVANT OR THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREEPARTY. THIS SECTION SHALL SURVIVE THE CONTRIBUTION AND CONVEYANCE OF THE LIMITATIONS INTERESTS OR THE TERMINATION OF THIS AGREEMENT. THE PROVISIONS OF THIS SECTION HAVE BEEN NEGOTIATED BY THE PARTIES AFTER DUE CONSIDERATION AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE ASSETS OF THE DYNAGAS EQUITY SUBSIDIARIES THAT MAY ARISE PURSUANT TO ANY LAW NOW OR HEREAFTER IN EFFECT, OR OTHERWISE, EXCEPT AS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT IN THIS AGREEMENT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH DOCUMENT EXECUTED OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINDELIVERED IN CONNECTION WITH THIS AGREEMENT.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 OUR REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND 9.3LIABILITIES, THE WARRANTY AND YOUR RIGHTS AND REMEDIES SET FORTH IN SECTION 8.1 THE AGREEMENT ARE EXCLUSIVE. WE AND THE OUR LICENSORS AND CONTRACTORS DISCLAIM, AND YOU WAIVE AND RELEASE US, OUR LICENSORS AND CONTRACTORS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AND AFFILIATES FROM ALL OTHER REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, WHETHER EXPRESS OR IMPLIED, OF SUPPLIER ARISING BY LAW OR OTHERWISE, WITH RESPECT TO EACH PRODUCT ANY AND ALL DOCUMENTS, SERVICES, INFORMATION, ASSISTANCE, SOFTWARE, OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR OTHER MATTERS PROVIDED UNDER THIS THE AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC OR PARTICULAR PURPOSEUSE, SATISFACTORY QUALITYPURPOSE OR APPLICATION, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE PRACTICEOF TRADE; (Biii) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (iv) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, WE AND OUR LICENSORS AND CONTRACTORS DO NOT WARRANT THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER SERVICES WILL BE UNINTERRUPTED ERROR-FREE OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINUNINTERRUPTED.

Disclaimer of Warranties. SUBJECT EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS CONTRACT, TO SECTIONS 9.2 AND 9.3THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORBCOMM SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE GROUND SEGMENT HARDWARE, THE WARRANTY SET FORTH IN SECTION 8.1 AND RELATED SERVICES OR THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER OTHER SERVICES TO BE EXCLUSIVE AND PROVIDED UNDER THIS CONTRACT. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN LIEU OFTHIS CONTRACT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORBCOMM EXPRESSLY DISCLAIMS, AND CUSTOMER LICENSEE HEREBY EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIESWARRANTIES OF ORBCOMM, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), BY LAW OR OTHERWISE, WITH RESPECT TO, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, (i) ANY WARRANTY, CONDITION OR REPRESENTATION (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, DEALING, COURSE OF DEALING OR USAGE OR TRADE PRACTICEOF TRADE; (Biii) THAT ANY WARRANTIES AS TO THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; ACCURACY, AVAILABILITY OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE CONTENT OF THE NATURE GROUND SEGMENT HARDWARE, THE RELATED SERVICES OR THE OTHER SERVICES PROVIDED BY OR THROUGH ORBCOMM UNDER THIS CONTRACT; AND (iv) ANY WARRANTY UNDER ANY THEORY OF THE CAUSE OF ACTION, DEMAND OR CLAIMLAW, INCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACTSTATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND THAT IS NOT CONTAINED IN THIS CONTRACT SHALL SURVIVE BE DEEMED TO BE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINWARRANTY BY ORBCOMM.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8.1 THIS AGREEMENT AND FOR THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFEXPRESS LIMITED WARRANTIES HEREIN, ALL LICENSED SOFTWARE, DOCUMENTATION, MAINTENANCE RELEASE, PRODUCTS, INFORMATION, MATERIAL, AND CUSTOMER HEREBY WAIVESSERVICES PROVIDED BY LICENSOR ARE PROVIDED “AS IS, RELEASES WHERE IS,” WITH ALL FAULTS AND RENOUNCES ALL OTHER REMEDIESWITHOUT WARRANTY OF ANY KIND, WARRANTIESWHETHER WRITTEN, GUARANTEESORAL, OBLIGATIONSEXPRESS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)STATUTORY, OR OTHERWISEARISING FROM ANY COURSE OF DEALING, INCLUDINGUSAGE, WITHOUT LIMITATIONOR TRADE PRACTICE. LICENSOR SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYNON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS TO THIRD PARTIES, PATENT VALIDITY, OPERATION WITHOUT INTERRUPTION, ACHIEVEMENT OF LICENSEE’S REQUIREMENTS OR INTENDED RESULTS, OR ARISING FROM COURSE COMPATIBILITY WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES, OR MATERIALS EXCEPT AS EXPRESSLY SET FORTH IN THE DOCUMENTATION. FURTHERMORE, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) ANY KIND THAT THE PRODUCTS LICENSED SOFTWARE OR DOCUMENTATION IS OR WILL BE SECURE, ACCURATE, COMPLETE, OR FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; HARMFUL CODE OR (C) THAT THE OPERATION ERROR. ALL OPEN-SOURCE COMPONENTS AND OTHER THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED KIND. ANY OPEN-SOURCE COMPONENTS OR ERROR FREE. THIS SECTION THIRD-PARTY REPRESENTATION OR WARRANTY IS STRICTLY LIMITED TO LICENSEE AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, SUCH OPEN-SOURCE COMPONENTS AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINTHIRD-PARTY MATERIALS AND UNRELATED TO LICENSOR.

Disclaimer of Warranties. SUBJECT THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO SECTIONS 9.2 THE FULLEST EXTENT PERMITTED BY LAW, EVEN AND 9.3ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ATTORNEYS, AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE WARRANTY SET FORTH “EVEN PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN SECTION 8.1 HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIESDEBTOR OR RELEASED PARTY.” THE EVEN PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOFREGARDING THE ACCURACY, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTADEQUACY, WHETHER ARISING IN FACTTIMELINESS, IN LAWRELIABILITY, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)COMPLETENESS, OR OTHERWISEUSEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE SITE, INCLUDINGOR THE SERVICES, WITHOUT LIMITATIONAND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYNON-INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCETITLE. THE EVEN PARTIES MAKE NO REPRESENTATION, DEALINGWARRANTY, USAGE OR TRADE PRACTICE; (B) GUARANTEE THAT THAT THE PRODUCTS BE APP OR THE SERVICES ARE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; VIRUSES, BUGS, DEFECTS, ERRORS, OR (C) OTHER COMPUTING ROUTINES THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED CONTAIN DAMAGING OR ERROR FREEOTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA. THIS SECTION AND THE LIMITATIONS SET FORTH HEREINPlease note, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTIONthe ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, DEMAND OR CLAIMthese exclusions exist to the extent permitted by law. Because of this jurisdictional variance, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINsome of the above exclusions may not apply to you.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8.1 HEREIN TO THE CONTRARY, LESSOR HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE, BY VIRTUE OF HAVING LEASED THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFAIRCRAFT UNDER THIS LEASE, AND CUSTOMER LESSOR HEREBY WAIVESDISCLAIMS, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS ANY REPRESENTATION OR LIABILITIESWARRANTY, EXPRESS OR IMPLIED, AS TO AIRWORTHINESS, VALUE, CONDITION, COMPLIANCE WITH SPECIFICATIONS, DURABILITY, RELIABILITY, DESIGN, OPERATION, MERCHANTABILITY, OR FITNESS FOR USE OR PARTICULAR PURPOSE OF SUPPLIER THE AIRCRAFT, OR ANY PART THEREOF, AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE AIRCRAFT, OR ANY PART THEREOF, OR AS TO ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO EACH PRODUCT THE AIRCRAFT, OR ANY PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTYLIABILITY IN CONTRACT, CONDITION TORT, OBLIGATION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSELIABILITY ARISING FROM NEGLIGENCE, SATISFACTORY QUALITYSTRICT LIABILITY, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, DEALING, PERFORMANCE OR DEALING OR USAGE OR TRADE PRACTICETRADE, OR LOSS OR INTERRUPTION OF USE, PROFIT, OR BUSINESS, OR OTHER CONSEQUENTIAL DAMAGES; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREINLESSEE HEREBY WAIVES, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTIONRELEASES, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORYRENOUNCES, AND SHALL SURVIVE A FUNDAMENTAL BREACH DISCLAIMS EXPECTATION OF OR BREACHES AND/RELIANCE UPON ANY SUCH WARRANTY OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.WARRANTIES. As an exception to the foregoing, LESSOR represents and warrants that, on the Effective Date:

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, EXCEPT FOR THE WARRANTY EXPRESS WARRANTIES SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFHEREIN, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, NEITHER PARTY MAKES ANY REPRESENTATIONS OR LIABILITIESGRANTS ANY WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), BY STATUTE OR OTHERWISE, INCLUDINGAND EACH PARTY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WITHOUT LIMITATIONWHETHER WRITTEN OR ORAL OR EXPRESS OR IMPLIED, ANY WARRANTY, CONDITION OR REPRESENTATION INCLUDING (A) ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT ANY WARRANTY AS TO (I) THE PRODUCTS BE FREE FROM VALIDITY OF ANY PATENT RIGHTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR (II) THE SCOPE, VALIDITY OR ENFORCEABILITY OF ANY INTELLECTUAL PROPERTY CONNECTED TO OR ARISING OUT OF THIS AGREEMENT IN ANY WAY OR THAT THE FILING OR PROSECUTION OF ANY PATENT RIGHTS REFERRED TO OR CONTEMPLATED HEREIN WILL RESULT IN ANY PATENTS THAT WILL BE GRANTED, VALID OR ENFORCEABLE FOR OR IN ANY COUNTRY OR TERRITORY; OR (C) THAT ANY WARRANTY AS TO THE OPERATION OUTCOME OR RESULTS OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIMRESEARCH PROGRAM, INCLUDING BUT NOT LIMITED TOTHAT (I) ANY RESEARCH PROGRAM WILL RESULT IN ANY LICENSED COMPOUNDS SUITABLE FOR DEVELOPMENT OR COMMERCIALIZATION, BREACH OF CONTRACT, NEGLIGENCE, TORT OR (II) ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH LICENSED COMPOUND OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.LICENSED PRODUCT WILL OBTAIN REGULATORY APPROVAL. ARTICLE IX

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY EXCEPT AS SET FORTH IN THIS SECTION 8.1 9 AND TO THE OBLIGATIONS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND LIABILITIES DELIVERABLES ARE OFFERED “AS IS” AND "AS AVAILABLE" AND CUSTOMER RECEIVES NO WARRANTY OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. BLUE YONDER AND IN LIEU OFITS AFFILIATES, SUPPLIERS AND LICENSORS DO NOT MAKE ANY, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES EXPRESSLY DISCLAIM ALL OTHER REMEDIESOTHER, WARRANTIES, GUARANTEESCONDITIONS, OBLIGATIONSAND REPRESENTATIONS, REPRESENTATIONS WHETHER ORAL OR LIABILITIESWRITTEN, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE, INCLUDINGOR ARISING BY USAGE OR TRADE PRACTICE OR COURSE OF DEALING, INCLUDING WITHOUT LIMITATION, ANY WARRANTYTHE WARRANTIES OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR MEETING THE CUSTOMER REQUIREMENTS, SATISFACTORY QUALITY, TITLE OR ARISING FROM COURSE OF PERFORMANCENON-INFRINGEMENT. BLUE YONDER AND ITS AFFILIATES, DEALING, USAGE OR TRADE PRACTICE; (B) SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE PRODUCTS USE OR OPERATION OF THE SERVICES OR DELIVERABLES WILL BE SECURE, UNINTERRUPTED, FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; HARMFUL CODE OR (C) ERROR-FREE OR THAT THE OPERATION OF SERVICES OR DELIVERABLES WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OTHER PRODUCT, SOFTWARE, EQUIPMENT OR ERROR FREE. THIS SECTION HARDWARE (EXCEPT IF AND TO THE LIMITATIONS EXTENT EXPRESSLY SET FORTH HEREININ THE SOW), SHALL APPLY IRRESPECTIVE OR THAT THE SERVICES OR DELIVERABLES WILL NOT CAUSE ANY LOSS OR CORRUPTION OF DATA, OR THAT THE NATURE OF THE CAUSE OF ACTION, DEMAND SERVICES OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT DELIVERABLES WILL MEET CUSTOMER OR ANY OTHER LEGAL THEORYPERSON’S REQUIREMENTS. CLOUD SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OTHER PROBLEMS INHERENT IN THE USE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT INTERNET, TELEPHONIC AND ELECTRONIC COMMUNICATIONS AND BLUE YONDER AND ITS AFFILIATES, SUPPLIERS AND LICENSORS ARE NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR OF ANY REMEDY CONTAINED HEREINOTHER DAMAGE AS A RESULT.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 BUYER FURTHER ACKNOWLEDGES AND 9.3AGREES THAT, OTHER THAN THE WARRANTY REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN SECTION 8.1 THIS AGREEMENT, SELLER HAS NOT MADE, DOES NOT MAKE AND THE OBLIGATIONS SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND LIABILITIES WARRANTIES BY SELLER OR ON BEHALF OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFSELLER OR OTHERWISE, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, WHETHER EXPRESS OR IMPLIED, OF SUPPLIER ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO EACH PRODUCT THE PROPERTY OR PART THEREOFMATTERS AFFECTING THE PROPERTY, PRODUCT DOCUMENTATION INCLUDING WITHOUT LIMITATION (A) THE NATURE, QUALITY OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISECONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY; (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY WARRANTYAND ALL ACTIVITIES AND USES WHICH BUYER MAY CONDUCT THEREON, CONDITION (D) THE COMPLIANCE OF OR REPRESENTATION BY THE PROPERTY WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL ENTITY, INCLUDING BUILDING, HEALTH, SAFETY, LAND USE AND ZONING LAWS, REGULATIONS AND ORDERS; (AE) OF THE HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT PROPERTY; (F) STRUCTURAL AND OTHER ENGINEERING CHARATERISTICS (INCLUDING SEISMIC DAMAGE); (G) THE PRESENCE, EXISTENCE OR ABSENCE OF TERMITES, PESTS, HAZARDOUS WASTES, TOXIC SUBSTANCES OR OTHER ENVIRONMENTAL MATTERS OR (H) ANY REMEDY CONTAINED HEREINOTHER INFORMATION PERTAINING TO THE PROPERTY OR THE MARKET AND PHYSICAL ENVIRONMENTS IN WHICH IT IS LOCATED.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY SET FORTH IN SECTION 8.1 CCLR TECHNOLOGY AND THE OBLIGATIONS SERVICES, INCLUDING ANY BETA OR PRE-RELEASE SOFTWARE MODULES ARE PROVIDED ON AN “AS IS” AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF“AS AVAILABLE” BASIS, AND CUSTOMER HEREBY WAIVESYOU AGREE THAT YOUR USE OF THE CCLR TECHNOLOGY AND THE SERVICES SHALL BE AT YOUR SOLE RISK. “PRE-RELEASE SOFTWARE MEANS THE PRE-RELEASE VERSION OF ANY NEW OR MODIFIED CCLR PRODUCT, RELEASES AND RENOUNCES ALL OTHER REMEDIESSERVICE OR TECHNOLOGY IDENTIFIED ON THE CCLR HOME PAGE OR MODULE WHETHER LABELED AS ALPHA, WARRANTIESBETA, GUARANTEESPRE-RELEASE, OBLIGATIONSPREVIEW OR OTHERWISE, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT PROVIDED TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED YOU BY CCLR UNDER THIS AGREEMENT. PRE-RELEASE SOFTWARE MAY INCLUDE ANY ENHANCEMENTS, WHETHER ARISING IN FACTUPDATES, IN UPGRADES, DERIVATIVES, OR BUG FIXES TO SUCH PRODUCT, SERVICE OR TECHNOLOGY AND ANY DOCUMENTATION, ADD-ONS, TEMPLATES, OR HARDWARE DEVICES AS PROVIDED BY CCLR. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH)CCLR, IN TORT (INCLUDING NEGLIGENCE)ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISECOMMON LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTYTHE IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYDATA ACCURACY, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CCLR, ITS AFFILIATES AND ITS SUPPLIERS MAKE NO WARRANTY THAT (I) THE CCLR TECHNOLOGY AND THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE CCLR TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ARISING FROM COURSE OF PERFORMANCEERROR-FREE, DEALING(III) ANY ERRORS IN THE CCLR TECHNOLOGY WILL BE CORRECTED, USAGE OR TRADE PRACTICE; AND (BIV) THAT THE PRODUCTS CCLR TECHNOLOGY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE USE OF THE CCLR TECHNOLOGY IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR PERSONAL INJURY OR PROPERTY DAMAGE THAT RESULTS FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION DOWNLOADING OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINSUCH MATERIAL.

Disclaimer of Warranties. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT, SUBJECT TO SECTIONS 9.2 THE REPRESENTATIONS AND 9.3, THE WARRANTY WARRANTIES EXPRESSLY SET FORTH IN SECTION 8.1 THIS AGREEMENT, SELLER HAS NOT MADE, DOES NOT MAKE AND THE OBLIGATIONS SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND LIABILITIES WARRANTIES BY SELLER OR ON BEHALF OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFSELLER OR OTHERWISE, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, WHETHER EXPRESS OR IMPLIED, OF SUPPLIER ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO EACH PRODUCT THE PROPERTY OR PART THEREOFMATTERS AFFECTING THE PROPERTY, PRODUCT DOCUMENTATION INCLUDING WITHOUT LIMITATION (A) THE NATURE, QUALITY OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISECONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY; (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY WARRANTYAND ALL ACTIVITIES AND USES WHICH BUYER MAY CONDUCT THEREON, CONDITION (D) THE COMPLIANCE OF OR REPRESENTATION BY THE PROPERTY WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL ENTITY, INCLUDING BUILDING, HEALTH, SAFETY, LAND USE AND ZONING LAWS, REGULATIONS AND ORDERS; (AE) OF THE HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT PROPERTY; (F) STRUCTURAL AND OTHER ENGINEERING CHARATERISTICS (INCLUDING SEISMIC DAMAGE); (G) THE PRESENCE, EXISTENCE OR ABSENCE OF TERMITES, PESTS, HAZARDOUS WASTES, TOXIC SUBSTANCES OR OTHER ENVIRONMENTAL MATTERS OR (H) ANY REMEDY CONTAINED HEREINOTHER INFORMATION PERTAINING TO THE PROPERTY OR THE MARKET AND PHYSICAL ENVIRONMENTS IN WHICH IT IS LOCATED.

Disclaimer of Warranties. NOTWITHSTANDING ANYTHING ------------------------ CONTAINED TO THE CONTRARY IN ANY OTHER PROVISION OF THIS AGREEMENT, IT IS THE EXPLICIT INTENT OF EACH PARTY HERETO THAT SELLER IS NOT MAKING ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, BEYOND THOSE REPRESENTATIONS OR WARRANTIES EXPRESSLY GIVEN IN THIS AGREEMENT, AND IT IS UNDERSTOOD THAT, SUBJECT TO SECTIONS 9.2 SUCH EXPRESS REPRESENTATIONS AND 9.3WARRANTIES, BUYER TAKES THE WARRANTY SET FORTH IN SECTION 8.1 COMPANY AND THE OBLIGATIONS ASSETS "AS IS" AND LIABILITIES "WHERE IS." WITHOUT LIMITING THE GENERALITY OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE THE IMMEDIATELY PRECEDING SENTENCE, SELLER HEREBY (I) EXPRESSLY DISCLAIMS AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS NEGATES ANY REPRESENTATION OR LIABILITIESWARRANTY, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN AT COMMON LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), BY STATUTE OR OTHERWISE, RELATING TO (A)THE CONDITION OF THE ASSETS (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION IMPLIED OR REPRESENTATION (A) EXPRESS WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYOR OF CONFORMITY TO MODELS OR SAMPLES OF MATE, OR ARISING FROM COURSE THE PRESENCE OR ABSENCE OF PERFORMANCEANY HAZARDOUS MATE IN OR ON, DEALINGOR DISPOSED OF OR DISCHARGED FROM, USAGE THE ASSETS) OR TRADE PRACTICE; (B) ANY INFRINGEMENT BY SELLER OR ANY OF ITS AFFILIATES OF ANY PATENT OR PROPRIETARY RIGHT OF ANY THIRD PARTY, AND (II) NEGATES ANY RIGHTS OF BUYER UNDER STATUTES TO CLAIM DIMINUTION OF CONSIDERATION AND ANY CLAIMS BY BUYER FOR DAMAGES BECAUSE OF REDHIBITORY VICES OR DEFECTS, WHETHER KNOWN OR UNKNOWN, IT BEING THE INTENTION OF SELLER AND BUYER THAT THE PRODUCTS ASSETS ARE TO BE FREE FROM INFRINGEMENT ACCEPTED BY BUYER IN THEIR PRESENT CONDITION AND STATE OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINREPAIR.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 10.2 AND 9.310.3, THE WARRANTY SET FORTH IN SECTION 8.1 9.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS WILL BE FREE FROM INFRINGEMENT OR VIOLATION OF RIGHTS ANY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OF THIRD PARTIES; OR (C) OR THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8.1 THIS AGREEMENT, INCLUDING, FOR THE AVOIDANCE OF DOUBT, WITH RESPECT TO THE NATURE AND QUALITY OF THE OBLIGATIONS 3M TRADEMARK LICENSED HEREUNDER, 3M (ON BEHALF OF ITSELF AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFITS LICENSORS) MAKES NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND CUSTOMER HEREBY WAIVESDISCLAIMS ANY WARRANTIES OR CONDITIONS OF ANY KIND, RELEASES AND RENOUNCES ALL OTHER REMEDIESINCLUDING WITH RESPECT TO (a) THE NATURE, WARRANTIESCONDITION OR QUALITY OF ANY SERVICE OR ANY PRODUCT, GUARANTEESMATERIALS, OBLIGATIONSCOMPONENTS, REPRESENTATIONS INFORMATION, DATA, OR LIABILITIESRIGHT (INCLUDING THE 3M TRADEMARK) OBTAINED OR PROVIDED PURSUANT TO THIS AGREEMENT OR (b) THE RESULTS THAT WILL BE OBTAINED BY USING, RECEIVING, OR APPLYING ANY SUCH SERVICE OR PRODUCT, MATERIALS, COMPONENTS, INFORMATION, DATA, OR RIGHT (INCLUDING THE 3M TRADEMARK), IN EACH CASE INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF NONINFRINGEMENT, MERCHANTABILITY, SUITABILITY, ACCURACY, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. 3M MAKES NO WARRANTY OR CONDITION THAT ANY SERVICE OR PRODUCT, MATERIALS, COMPONENTS, INFORMATION, DATA, OR RIGHT (INCLUDING THE 3M TRADEMARK) OBTAINED OR PROVIDED PURSUANT TO THIS AGREEMENT COMPLIES WITH ANY LAW OR ORDER. SPINCO EXPRESSLY AFFIRMS THAT IT IS NOT RELYING ON ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT 3M IN ENTERING INTO THIS AGREEMENT AND ACKNOWLEDGES AND AGREES TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THE DISCLAIMERS IN THIS AGREEMENT, WHETHER ARISING IN FACTSECTION 8.4. NOTWITHSTANDING THE FOREGOING, IN LAW, NO CIRCUMSTANCES WILL SPINCO BE ENTITLED TO SPECIFIC PERFORMANCE OR OTHER EQUITABLE RELIEF IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, CONNECTION WITH ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/ALLEGED BREACH HEREUNDER OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINOTHER CLAIM ARISING HEREUNDER.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3THE EXTENT PERMITTED BY LAW, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, EATON AND/OR ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER ENDORSEMENTS WHATSOEVER WITH RESPECT TO EACH PRODUCT THE SITE, THE PREDICTPULSE SERVICE, OR PART THEREOF, PRODUCT DOCUMENTATION ANY GOODS OR SERVICE DELIVERED SERVICES OFFERED ON THE SITE OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN THROUGH THE SERVICES. TO THE EXTENT PERMITTED BY LAW, IN CONTRACT EATON AND/OR ITS AFFILIATES PROVIDE ALL INFORMATION AVAILABLE THROUGH THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, (INCLUDING FUNDAMENTAL BREACH)EXPRESS, IN TORT (INCLUDING NEGLIGENCE)IMPLIED, STATUTORY OR OTHERWISE, ) INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH IMPLIED WARRANTIES OF CONTRACTMERCHANTABILITY, NEGLIGENCESECURITY, TORT OR COMPLETENESS, TIMELINESS, ACCURACY, APPROPRIATENESS, FITNESS FOR ANY OTHER LEGAL THEORYPARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, THIS DISCLAIMER OF WARRANTIES APPLIES TO THE PREDICTPULSE SERVICE, ANY CONTENT AVAILABLE THROUGH THE SERVICES, AND SHALL SURVIVE A FUNDAMENTAL BREACH ANY OF XXXXX’X PRODUCTS OR BREACHES SERVICES OFFERED ON THE SITE OR THROUGH THE SERVICES. EATON AND/OR FAILURE ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT OFFERED ON THE SITE OR THROUGH THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR SECURE. TO THE EXTENT PERMITTED BY LAW, EATON AND/OR ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE ESSENTIAL PURPOSE SERVICES. TO THE EXTENT PERMITTED BY LAW, EATON AND/OR ITS AFFILIATES DO NOT WARRANT ANY OF THE AGREEMENT FOLLOWING: (1) THAT THE SERVICES AND/OR CONTENT ON THE SITE WILL BE ERROR-FREE; (2) THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED; (3) THAT THE SERVICES WILL BE COMPATIBLE WITH ANY SYSTEM; OR (3) OR THAT THE SERVICES ARE FREE OF WORMS, VIRUSES, MALWARE, TROJAN HORSES, OR OTHER HARMFUL OR DISABLING COMPONENTS. THE AUTHORIZED PARTY ASSUMES THE ENTIRE COST OF ANY AND ALL NECESSARY REPAIRS IN THE EVENT THE AUTHORIZED PARTY EXPERIENCES ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR ANY RELATED GOODS OR SERVICES. TO THE EXTENT PERMITTED BY LAW, EATON AND/OR ITS AFFILIATES MAKE NO WARRANTIES THAT THE AUTHORIZED PARTY’S USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT. IF THE AUTHORIZED PARTY IS DISSATISFIED WITH THESE TOU OR THE SERVICES, THE AUTHORIZED PARTY’S SOLE AND EXCLUSIVE REMEDY CONTAINED HEREINIS TO DISCONTINUE USING THE SERVICES. IF THE AUTHORIZED PARTY IS DISSATISFIED WITH ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SERVICES, TO THE EXTENT PERMITTED BY LAW, THE AUTHORIZED PARTY’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 GEOTRUST AND 9.3PARTNER EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATION, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OR COVENANT OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFANY KIND, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF SUPPLIER LAW, WITH RESPECT TO EACH PRODUCT THE SERVICES PROVIDED OR PART THEREOFTHE CERTIFICATE ISSUED HEREUNDER, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) ALL WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE OF THE SERVICES OR CERTIFICATE, SATISFACTORY QUALITYAND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR ARISING FROM COMMON LAW, TRADE USAGE, COURSE OF PERFORMANCEDEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. GEOTRUST AND PARTNER FURTHER DISCLAIM AND MAKE NO REPRESENTATION, DEALINGWARRANTY OR COVENANT OF ANY KIND, USAGE WHETHER EXPRESS OR TRADE PRACTICE; IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, TO SUBSCRIBER OR ANY THIRD PARTY THAT (A) ANY SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO BE IN THE INFORMATION SUPPLIED TO GEOTRUST OR PARTNER, (B) THAT A SUBSCRIBER IS IN FACT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; PERSON, ENTITY OR ORGANIZATION LISTED IN A CERTIFICATE, OR (C) THAT THE OPERATION INFORMATION CONTAINED IN THE CERTIFICATE OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY GEOTRUST, OR THE RESULTS OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINRELIABLE.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY Release OTHER THAN AS EXPRESSLY SET FORTH OUT IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACTNEITHER GLENMEDE NOR ITS LICENSORS, IN LAWSUPPLIERS, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)ADVERTISERS, OR OTHERWISEDISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SOCIAL PROPERTIES. FOR EXAMPLE, INCLUDINGWE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SOCIAL PROPERTIES, WITHOUT LIMITATIONTHE SPECIFIC FUNCTIONS OF THE SOCIAL PROPERTIES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE ALSO DO NOT MAKE ANY WARRANTYWARRANTIES OR COMMITMENT RELATING TO NON- INFRINGEMENT, CONDITION FREEDOM FROM VIRUSES OR REPRESENTATION (A) OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS. WE PROVIDE THE SOCIAL PROPERTIES “AS-IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, SATISFACTORY QUALITYWE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO XXX ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE SOCIAL PROPERTIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINYET UNKNOWN CLAIMS.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE WARRANTY SET FORTH IN SECTION 8.1 SERVICES ARE PROVIDED “AS IS,” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, JULOTA MAKES NO AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES DISCLAIMS ALL OTHER REMEDIES, WARRANTIES, GUARANTEESREPRESENTATIONS, OBLIGATIONSIMPLIED WARRANTIES OR MERCHANTABILITY, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOFTHE USE, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)MISUSE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, INABILITY TO USE THE SERVICES (IN WHOLE OR IN PART) OR ANY WARRANTY, CONDITION OTHER PRODUCTS OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYSERVICES PROVIDED TO CUSTOMER BY JULOTA, OR ARISING FROM COURSE OTHERWISE UNDER THESE TERMS. WITHOUT LIMITING THE FOREGOING, JULOTA DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT USE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREINJULOTA DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, SHALL APPLY IRRESPECTIVE IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE NATURE SERVICE DUE TO INAPPROPRIATE OR DEFECTIVE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE CAUSE OF ACTIONINTERNET NETWORK, DEMAND ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR CLAIMTRANSMISSION, INCLUDING BUT NOT LIMITED COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, BREACH OR ALTERATION OF, USER COMMUNICATIONS, PROBLEMS RELATED TO THE SERVICES OR ITS USE, LOSS OF CONTRACTPERSONAL CONTENT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORYREASONS. JULOTA ALSO EXPLICITLY DISCLAIMS ANY WARRANTIES RELATED TO BUSINESS RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES AND SPECIFICALLY STATES NO SUCH REPRESENTATIONS ARE OR HAVE BEEN MADE TO CUSTOMER. CUSTOMER WILL BE SOLELY RESPONSIBLE FOR (I) ESTABLISHING AND MAINTAINING AN INTERNET CONNECTION SUFFICIENT FOR THE SERVICES TO FUNCTION PROPERLY, (II) THE CONTENT AND EFFICACY OF ALL MARKETING INITIATIVES, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE (III) FULFILLING ALL ITS OBLIGATIONS TO HELP SEEKERS IN CONNECTION WITH THE USE OF THE ESSENTIAL PURPOSE OF SERVICES. CUSTOMER WILL FOLLOW PROPER BACK-UP PROCEDURES FOR ANY OTHER PROGRAMMING AND ALL DATA TO PROTECT AGAINST LOSS OR ERROR RESULTING FROM THE AGREEMENT OR USE OF ANY REMEDY CONTAINED HEREINEQUIPMENT OR THE SERVICES. CUSTOMER AGREES THAT JULOTA AND THE PLATFORM AND SERVICES DO NOT MAKE CLINICAL, MEDICAL OR OTHER DECISIONS OR RECOMMEND, ENDORSE OR MAKE ANY MEDICAL, CLINICAL OR RELATED REPRESENTATIONS OR WARRANTIES. CUSTOMER ASSUMES ALL RESPONSIBILITY IN CONNECTION WITH DISCLOSING CUSTOMER DATA ON THE PLATFORM.

Disclaimer of Warranties. SUBJECT NOTWITHSTANDING ANYTHING CONTAINED TO SECTIONS 9.2 THE CONTRARY IN ANY OTHER PROVISION OF THIS AGREEMENT, IT IS THE EXPLICIT INTENT OF EACH PARTY THAT SELLER IS NOT MAKING ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, BEYOND THOSE REPRESENTATIONS AND 9.3, THE WARRANTY SET FORTH WARRANTIES EXPRESSLY GIVEN IN SECTION 8.1 THIS AGREEMENT AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFCONVEYANCE, AND CUSTOMER HEREBY WAIVESIT IS UNDERSTOOD THAT, RELEASES WITHOUT LIMITING SUCH EXPRESS REPRESENTATIONS AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEESBUYER IS TAKING THE ASSETS AS IS AND WHERE IS AND WITH ALL FAULTS. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, OBLIGATIONS, REPRESENTATIONS SELLER HEREBY (A) EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATION OR LIABILITIESWARRANTY, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN AT COMMON LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), BY STATUTE OR OTHERWISE, RELATING TO (I) THE CONDITION OF THE ASSETS (INCLUDING, WITHOUT LIMITATION, ANY WARRANTYIMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, CONDITION FREEDOM FROM REDHIBITORY VICES OR REPRESENTATION (A) OF MERCHANTABILITY DEFECTS OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYOR OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, OR ARISING FROM COURSE THE PRESENCE OR ABSENCE OF PERFORMANCEANY HAZARDOUS MATERIALS IN OR ON, DEALINGOR DISPOSED OF OR DISCHARGED FROM, USAGE THE ASSETS) OR TRADE PRACTICE(II) ANY INFRINGEMENT BY SELLER OR ANY OF ITS AFFILIATES OF ANY PATENT OR PROPRIETARY RIGHT OF ANY THIRD PARTY; AND (B) NEGATES ANY RIGHTS OF BUYER UNDER STATUTES TO CLAIM DIMINUTION OF CONSIDERATION AND ANY CLAIMS BY BUYER FOR DAMAGES BECAUSE OF DEFECTS, WHETHER KNOWN OR UNKNOWN, IT BEING THE INTENTION OF SELLER AND BUYER THAT THE PRODUCTS ASSETS ARE TO BE FREE FROM INFRINGEMENT ACCEPTED BY BUYER IN THEIR PRESENT CONDITION AND STATE OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINREPAIR.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN SECTION 8.1 AND THIS ARTICLE V (AS MODIFIED BY THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFCOMPANY DISCLOSURE SCHEDULE), AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES BLOCKER EXPRESSLY DISCLAIMS ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIESWARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO THE CONDITION, VALUE OR QUALITY OF SUPPLIER BLOCKER, THE COMPANY AND ITS SUBSIDIARIES, OR THEIR RESPECTIVE ASSETS, AND BLOCKER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO EACH PRODUCT BLOCKER’S, THE COMPANY’S OR PART ITS SUBSIDIARIES’ ASSETS, OR AS TO THE WORKMANSHIP THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTTHE ABSENCE OF ANY DEFECTS THEREIN, WHETHER ARISING LATENT OR PATENT, IT BEING UNDERSTOOD THAT SUCH SUBJECT ASSETS ARE BEING ACQUIRED “AS IS, WHERE IS” ON THE CLOSING DATE, AND IN FACTTHEIR PRESENT CONDITION, AND PURCHASER AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE REPRESENTATIVES SHALL RELY ON THEIR OWN EXAMINATION AND INVESTIGATION THEREOF. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS ARTICLE V (AS MODIFIED BY THE COMPANY DISCLOSURE SCHEDULE), BLOCKER HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY REPRESENTATION, WARRANTY, STATEMENT, OR INFORMATION MADE, COMMUNICATED, OR FURNISHED (ORALLY OR IN CONTRACT WRITING) TO PURCHASER OR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE REPRESENTATIVES (INCLUDING FUNDAMENTAL BREACH)ANY OPINION, IN TORT (INCLUDING NEGLIGENCE)INFORMATION, PROJECTION, OR OTHERWISEADVICE THAT MAY HAVE BEEN OR MAY BE PROVIDED TO PURCHASER OR ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE REPRESENTATIVES BY ANY STOCKHOLDER, INCLUDINGDIRECTOR, WITHOUT LIMITATIONOFFICER, EMPLOYEE, AGENT, CONSULTANT, OR REPRESENTATIVE OF THE COMPANY, ANY WARRANTY, CONDITION SELLER OR REPRESENTATION (A) ANY OF MERCHANTABILITY THEIR RESPECTIVE AFFILIATES). BLOCKER DOES NOT MAKE NOR HAS MADE ANY REPRESENTATIONS OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT WARRANTIES TO PURCHASER OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH PERSON REGARDING ANY PROJECTION OR BREACHES AND/FORECAST REGARDING FUTURE RESULTS OR FAILURE ACTIVITIES OR THE PROBABLE SUCCESS OR PROFITABILITY OF BLOCKER OR THE ESSENTIAL PURPOSE OF THE AGREEMENT COMPANY OR OF ANY REMEDY CONTAINED HEREINITS SUBSIDIARIES.

Disclaimer of Warranties. SUBJECT EXCEPT TO SECTIONS 9.2 AND 9.3THE EXTENT PROVIDED IN THIS AGREEMENT, THE WARRANTY SET FORTH IN SECTION 8.1 PARTIES ACKNOWLEDGE AND AGREE THAT NEITHER OF THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFPARTIES HAS MADE, DOES NOT MAKE, AND CUSTOMER HEREBY WAIVESEACH SUCH PARTY SPECIFICALLY NEGATES AND DISCLAIMS, RELEASES AND RENOUNCES ALL OTHER REMEDIESANY REPRESENTATIONS, WARRANTIES, GUARANTEESPROMISES, OBLIGATIONSCOVENANTS, REPRESENTATIONS AGREEMENTS OR LIABILITIES, EXPRESS GUARANTIES OF ANY KIND OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTCHARACTER WHATSOEVER, WHETHER ARISING IN FACTEXPRESS, IN LAWIMPLIED OR STATUTORY, IN CONTRACT ORAL OR WRITTEN, PAST OR PRESENT, REGARDING (INCLUDING FUNDAMENTAL BREACH)A) THE VALUE, IN TORT (INCLUDING NEGLIGENCE)NATURE, QUALITY OR OTHERWISECONDITION OF THE ASSETS OWNED BY THE COMPANY, INCLUDING, WITHOUT LIMITATION, THE ENVIRONMENTAL CONDITION OF THE ASSETS GENERALLY, INCLUDING, WITHOUT LIMITATION, THE PRESENCE OR LACK OF HAZARDOUS SUBSTANCES OR OTHER MATTERS ON SUCH ASSETS, (B) THE INCOME TO BE DERIVED FROM SUCH ASSETS, (C) THE SUITABILITY OF SUCH ASSETS FOR ANY WARRANTYAND ALL ACTIVITIES AND USES THAT MAY BE CONDUCTED THEREON OR THEREWITH, CONDITION (D) THE COMPLIANCE OF OR REPRESENTATION BY SUCH ASSETS OR THEIR OPERATION WITH ANY LAWS (AINCLUDING WITHOUT LIMITATION ANY ZONING, ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS), OR (E) OF MERCHANTABILITY THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF SUCH ASSETS. EACH PARTY ACKNOWLEDGES AND AGREES THAT SUCH PARTY HAS HAD THE OPPORTUNITY TO INSPECT THE ASSETS OF THE COMPANY, SATISFACTORY QUALITYAND SUCH PARTY IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE ASSETS OF THE COMPANY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY THE OTHER PARTY. NEITHER OF THE PARTIES IS LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR ARISING FROM COURSE INFORMATION PERTAINING TO THE ASSETS OF PERFORMANCETHE COMPANY FURNISHED BY ANY AGENT, DEALINGEMPLOYEE, USAGE SERVANT OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREEPARTY. THIS SECTION SHALL SURVIVE THE CONTRIBUTION OF THE INTERESTS OR THE TERMINATION OF THIS AGREEMENT. THE PROVISIONS OF THIS SECTION HAVE BEEN NEGOTIATED BY THE PARTIES AFTER DUE CONSIDERATION AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE LIMITATIONS ASSETS OF THE COMPANY THAT MAY ARISE PURSUANT TO ANY LAW NOW OR HEREAFTER IN EFFECT, OR OTHERWISE, EXCEPT AS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREININ THIS AGREEMENT.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3THE WARRANTIES, THE WARRANTY IF ANY, SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER SCHEDULES ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVESMRI, RELEASES ITS LICENSORS AND RENOUNCES SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS CONDITIONS OR LIABILITIES, OTHER TERM EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT ORAL OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISEWRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY, CONDITION OR REPRESENTATION OTHER TERM THAT ANY SOFTWARE, SAAS SERVICE, CONTENT, DELIVERABLES OR OTHER SERVICES ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED; (Aii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR ARISING FROM COURSE THE USE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICEREASONABLE SKILL AND CARE; (Biii) ANY WARRANTY, CONDITION OR OTHER TERM THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES CONTENT AND/OR FAILURE THIRD PARTY SOFTWARE WILL BE ACCURATE, RELIABLE AND ERROR-FREE AND (iv) ANY AND ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERM ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO ADVICE, STATEMENT OR INFORMATION GIVEN BY MRI, ITS AFFILIATES, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. ALTHOUGH CERTAIN OF THE ESSENTIAL PURPOSE SOFTWARE AND CONTENT MAY BE DESIGNED TO HELP CLIENTS COMPLY WITH APPLICABLE LAWS AND REGULATIONS, MRI HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SUFFICIENCY OR ACCURACY OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINSOFTWARE AND CONTENT IN THIS REGARD. ALL SUCH LAWS AND REGULATIONS MAY CHANGE FROM TIME TO TIME, AND THE SOFTWARE AND CONTENT MAY NOT BE UPDATED TO REFLECT SUCH CHANGES. CLIENT SHOULD CONSULT AN ATTORNEY WITH RESPECT TO COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 XXXXXXXXX.XXX DOES NOT REPRESENT OR WARRANT THAT THE SITE, SOFTWARE, PRODUCTS, SERVICES AND 9.3DOCUMENTATION ARE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED. THE WARRANTIES STATED IN SECTION 6.1 ABOVE ARE THE SOLE AND THE EXCLUSIVE WARRANTIES OFFERED BY XXXXXXXXX.XXX. EXCEPT AS PROVIDED IN SECTION 6.1 (LIMITED WARRANTY), THE WARRANTY SET FORTH IN SECTION 8.1 SITE, PRODUCTS AND THE OBLIGATIONS ANY OTHER SERVICES ARE PROVIDED “AS IS” AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF“AS‐AVAILABLE,” WITH ALL FAULTS, AND CUSTOMER HEREBY WAIVES, RELEASES WITHOUT WARRANTIES OF ANY KIND. XXXXXXXXX.XXX AND RENOUNCES ITS VENDORS AND LICENSORS DISCLAIM ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR AND IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTYTHE IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYQUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON‐INFRINGEMENT. ALL THIRD PARTY MATERIALS ARE PROVIDED AS‐IS, WITHOUT WARRANTIES OF ANY KIND. XXXXXXXXX.XXX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO ANY PRESENT OR FUTURE METHODOLOGY EMPLOYED IN ITS GATHERING OR REPRODUCING OF ANY THIRD PARTY MATERIAL, OR ARISING FROM COURSE AS TO THE ACCURACY, CURRENCY OR COMPREHENSIVENESS OF PERFORMANCE, DEALING, USAGE THE SAME. CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES THAT USE OF PRODUCTS IS AT CUSTOMER’S SOLE RISK. NO ORAL OR TRADE PRACTICE; (B) WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXXXXX.XXX OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY OTHER WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF XXXXXXXXX.XXX’S OBLIGATIONS HEREUNDER. XXXXXXXXX.XXX IS NOT ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICE. XXXXXXXXX.XXX DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OR OUTPUT THEREFROM COMPLY WITH IRS REGULATIONS, DEPARTMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREINLABOR REGULATIONS, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAWS OR REGULATIONS. IF LEGAL THEORYOR OTHER EXPERT ASSISTANCE IS REQUIRED, AND SHALL SURVIVE THE SERVICES OF A FUNDAMENTAL BREACH COMPETENT PROFESSIONAL SHOULD BE SOUGHT. CUSTOMER ASSUMES ALL RESPONSIBILITY WITH RESPECT TO ANY DECISIONS OR BREACHES AND/ADVICE MADE OR FAILURE GIVEN AS A RESULT OF THE ESSENTIAL PURPOSE USE OF THE AGREEMENT PRODUCTS. CUSTOMER AGREES THAT THE PRODUCTS ARE NOT INTENDED TO REPLACE CUSTOMER’S PROFESSIONAL SKILL AND JUDGMENT AND ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY, CERTIFIED PUBLIC ACCOUNTANT, OR OTHER PROFESSIONAL. CUSTOMER AGREES THAT IT IS USING THE PRODUCTS AT ITS OWN RISK AND THAT ALL OUTPUT AND RESULTS OF ANY REMEDY CONTAINED HEREINUSING THE PRODUCTS SHOULD BE REVIEWED BY A PROFESSIONAL KNOWLEDGEABLE IN THE REQUIREMENTS OF APPLICABLE LAW.

Disclaimer of Warranties. SUBJECT EXCEPT AS EXPRESSLY REPRESENTED OR WARRANTED IN THESE MOSAIC ONE TERMS, TO SECTIONS 9.2 THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADTRAN PROPERTY, THIRD-PARTY COMPONENTS, SERVICES AND 9.3ANY OTHER MATERIALS, THE WARRANTY SET FORTH IN SECTION 8.1 DATA OR INFORMATION PROVIDED BY ADTRAN ARE PROVIDED “AS IS,” AND THE OBLIGATIONS ADTRAN (AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE ITS LICENSORS AND IN LIEU OF, SUPPLIERS) DISCLAIM ANY AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIESPROMISES, REPRESENTATIONS AND WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF SUPPLIER WITH RESPECT TO EACH PRODUCT MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR PART THEREOFDATA ACCURACY. ADTRAN, PRODUCT DOCUMENTATION ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DOES NOT WARRANT THAT THE ADTRAN PROPERTY, THIRD-PARTY COMPONENTS OR SERVICE DELIVERED ANY SERVICES PROVIDED BY ADTRAN WILL MEET PROVIDER’S OR PROVIDED UNDER ANY AUTHORIZED USER’S REQUIREMENTS OR THAT THE OPERATION OR USE OF THE FOREGOING WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT ALL ERRORS WILL BE CORRECTED. PROVIDER ACKNOWLEDGES AND AGREES THAT THE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND THAT, ABSENT SUCH DISCLAIMERS, LIMITATIONS AND EXCLUSIONS, THE TERMS OF THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTYTHE ECONOMIC TERMS, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS WOULD BE SUBSTANTIALLY DIFFERENT. PROVIDER ASSUMES THE ENTIRE LIABILITY FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION SELECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE USE OF THE NATURE SERVICES, AND ADTRAN SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS OR LOSS OF DATA RESULTING FROM OR RELATING TO PROVIDER’S OR ANY AUTHORIZED USER’S USE OF THE CAUSE OF ACTIONSERVICE, DEMAND EVEN IF THE SERVICE IMPACTS OTHER SYSTEMS OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT PROVIDER OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINAUTHORIZED USER OTHERWISE LOSES FUNCTIONALITY.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY EXPRESS WARRANTIES SET FORTH IN SECTION 8.1 SECTIONS 12, 28 AND THE OBLIGATIONS AND LIABILITIES 29 OF SUPPLIER THEREUNDER THIS AGREEMENT ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES OF ALL OTHER REMEDIESREPRESENTATIONS, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIESWARRANTIES AND COVENANTS, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH THE PRODUCTS AND SERVICES PROVIDED BY SUPPLIER AND ANY DEFECTS THEREIN OF ANY NATURE WHATEVER, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUPPLIER SHALL NOT BE LIABLE FOR, AND BUYER ASSUMES ALL RISK OF, ANY ADVICE OR FAILURE TO PROVIDE ADVICE BY SUPPLIER TO BUYER REGARDING THE PRODUCTS OR SERVICES OR BUYER'S USE OF THE SAME. UNDER NO CIRCUMSTANCES SHALL SUPPLIER BE LIABLE TO BUYER UNDER ANY TORT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY CLAIM AND BUYER AGREES TO WAIVE SUCH CLAIMS. SUPPLIER’S SOLE AND EXCLUSIVE LIABILITY, AND BUYER’S SOLE AND EXCLUSIVE REMEDY, FOR ANY NONCONFORMITY OR PART THEREOF, PRODUCT DOCUMENTATION DEFECT IN THE PRODUCTS OR SERVICE DELIVERED SERVICES PERFORMED BY SUPPLIER OR PROVIDED UNDER ANYTHING DONE IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH)CONTRACT, IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS SHALL BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS AS SET FORTH HEREININ SECTIONS 12, 28 and 29 HEREOF AS LIMITED BY SECTIONS 12, 13, 28 and 29 HEREOF. THESE EXCLUSIVE REMEDIES SHALL APPLY IRRESPECTIVE NOT HAVE FAILED OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE THEIR ESSENTIAL PURPOSE OF (AS THAT TERM IS USED IN THE AGREEMENT UNIFORM COMMERCIAL CODE) PROVIDED THAT SUPPLIER REMAINS WILLING TO REPAIR OR OF ANY REMEDY CONTAINED HEREINREPLACE DEFECTIVE PRODUCTS (AS SET FORTH IN THIS CONTRACT) WITHIN A COMMERCIALLY REASONABLE TIME AFTER RECEIVING SUCH DEFECTIVE PRODUCTS.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES THIS AGREEMENT, NEITHER WEST NOR WEST/NOTTINGHAM MAKES ANY REPRESENTATION, GUARANTEE OR WARRANTY OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFANY KIND, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES TO THE SUCCESS OF SUPPLIER WITH RESPECT ANY DEVELOPMENT EFFORTS TO EACH BE TAKEN HEREUNDER OR THE RESULTS TO BE EXPECTED FROM IDDS'S USE OF ANY LICENSED PRODUCT OR PART THEREOFFROM THE MANUFACTURE, USE OR SALE OF THE LICENSED PRODUCT DOCUMENTATION AND NO RIGHTS IMPLIED OR SERVICE DELIVERED OTHERWISE ARE GRANTED. NEITHER WEST, WEST/NOTTINGHAM NOR ANY AFFILIATE OF ANY OF THEM SHALL HAVE ANY RESPONSIBILITY TO IDDS OR PROVIDED OTHERS UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)ANY LEGAL PRINCIPLE FOR THE ABILITY OF IDDS OR THE QUALITY OR PERFORMANCE OF ANY LICENSED PRODUCT DEVELOPED HEREUNDER; FOR CLAIMS OF THIRD PERSONS RELATING TO ANY LICENSED PRODUCT MANUFACTURED OR SOLD BY IDDS OR ANY OF ITS AFFILIATES OR SUBLICENSEES, OR OTHERWISEFOR ANY FAILURE IN LICENSED PRODUCTION, INCLUDING, WITHOUT LIMITATION, DESIGN OR OPERATION OF ANY WARRANTY, CONDITION LICENSED PRODUCT MANUFACTURED OR REPRESENTATION (A) SOLD BY ANY OF THEM. WEST AND WEST/NOTTINGHAM DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEUSE. IN NO EVENT SHALL WEST, SATISFACTORY QUALITY, WEST/NOTTINGHAM OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION ANY AFFILIATE OF ANY SOFTWARE DELIVERED HEREUNDER WILL OF THEM BE UNINTERRUPTED LIABLE TO IDDS OR ERROR FREE. ANY AFFILIATE OR SUBLICENSEE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER THIS SECTION AND THE LIMITATIONS SET FORTH HEREINAGREEMENT OR OTHERWISE, SHALL APPLY IRRESPECTIVE REGARDLESS OF WHETHER WEST, WEST/NOTTINGHAM OR ANY AFFILIATE OF ANY OF THEM KNEW OR HAD REASON TO KNOW OF THE NATURE POSSIBILITY OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINSUCH DAMAGES.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 LESSEE HEREBY ACKNOWLEDGES AND 9.3AGREES THAT: EXCEPT FOR THE WARRANTY IN SECTION 16(d) HEREOF, THE WARRANTY SET FORTH IN SECTION 8.1 EQUIPMENT AND THE RIGHTS, TITLE AND INTEREST BEING CONVEYED HEREIN WITH RESPECT THERETO, ARE BEING CONVEYED AND DELIVERED TO LESSEE "AS IS" AND "WHERE IS" WITHOUT ANY RECOURSE TO LESSOR, AND LESSOR HAS NOT MADE, AND HEREBY DISCLAIMS, LIABILITY FOR, AND LESSEE HEREBY WAIVES ALL RIGHTS AGAINST LESSOR RELATING TO, ANY AND ALL WARRANTIES, GUARANTIES, REPRESENTATIONS OR OBLIGATIONS OF ANY KIND WITH RESPECT THERETO, EITHER EXPRESS OR IMPLIED, ARISING BY APPLICABLE LAW OR OTHERWISE, INCLUDING (A) ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTIES, REPRESENTATIONS OR OBLIGATIONS OF OR ARISING FROM OR IN (1) MERCHANTABILITY OR FITNESS FOR PARTICULAR USE OR PURPOSE, (2) COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE OR (3) TORT (WHETHER OR NOT ARISING FROM THE ACTUAL IMPLIED OR IMPUTED NEGLIGENCE OF LESSOR OR STRICT LIABILITY) OR UNDER THE CODE OR OTHER APPLICABLE LAW WITH RESPECT TO THE EQUIPMENT, INCLUDING ITS TITLE OR FREEDOM FROM LIENS, FREEDOM FROM TRADEMARK, PATENT OR COPYRIGHT INFRINGEMENT, LATENT DEFECTS (WHETHER OR NOT DISCOVERABLE), CONDITION, MANUFACTURE, DESIGN, SERVICING OR COMPLIANCE WITH APPLICABLE LAW AND (B) ALL OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFLESSOR, AND CUSTOMER HEREBY WAIVESRIGHTS AND REMEDIES OF LESSEE, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER HOWSOEVER ARISING UNDER ANY APPLICABLE LAW WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISETHE MATTERS WAIVED AND DISCLAIMED, INCLUDING, WITHOUT LIMITATIONFOR LOSS OF USE, ANY WARRANTY, CONDITION REVENUE OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYPROFIT WITH RESPECT TO THE EQUIPMENT, OR ARISING FROM COURSE ANY LIABILITY OF PERFORMANCELESSEE OR LESSOR TO ANY THIRD PARTY, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORYDIRECT, AND SHALL SURVIVE A FUNDAMENTAL BREACH INCIDENTAL OR BREACHES AND/OR FAILURE CONSEQUENTIAL DAMAGES (AS SUCH TERMS ARE USED IN SECTION 2719(3) OF THE ESSENTIAL PURPOSE CODE, OR OTHER APPLICABLE LAW) EXCEPT TO THE EXTENT THE WAIVER OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINSAME IS PROHIBITED BY APPLICABLE LAW; all such risks, as between Lessor and Lessee, are to be born by Lessee; and Lessor's agreement to enter into this Lease and any Equipment Schedule is in reliance upon the freedom from and the complete negation of liability or responsibility for the matters waived and disclaimed herein. Lessee agrees that the only representations, warranties, guaranties or indemnities made with respect to the Equipment are those made by the Supplier thereof; and, provided that no Default or default has then occurred and is continuing under the pertinent Equipment Schedule, Lessor (a) shall cooperate fully with Lessee with respect to the resolution of such claims, in good faith and by appropriate proceedings at Lessee's expense, (b) hereby assigns to Lessee, for and during the term of this Lease, any applicable warranties, indemnities or other similar rights under any Supply Contracts (excluding any refunds or other similar payments reflecting a decrease in the value of any such Equipment, which amount shall during the existence of any default or Default be received by and paid to Lessor, for application to Lessee's obligations under the Equipment Schedule relating thereto) applicable to any Equipment, and (c) hereby authorizes Lessee to obtain all services, warranties or (except as provided in (b) above) amounts from the Supplier of such Equipment to be used to repair such Equipment (and such amounts shall be used by Lessee to repair such Equipment). Any such claim shall not affect in any manner the unconditional obligation of Lessee to make rent payments hereunder.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 EXCEPT FOR THE EXPRESS REPRESENTATIONS AND 9.3, THE WARRANTY SET FORTH WARRANTIES IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, TOMIS AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. TOMIS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (B) THE SERVICE WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY SUBSCRIBER THROUGH THE SERVICE WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO SUBSCRIBER STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER ARISING IN FACTEXPRESS, IN LAWIMPLIED, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTYIMPLIED WARRANTY OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM NON-INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY TOMIS AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINITS LICENSORS.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, AQUANTY GIVES NO CONDITION, WARRANTY, UNDERTAKING OR REPRESENTATION, IMPLIED OR OTHERWISE, IN RESPECT OF THE SERVICES, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND 9.3“AS AVAILABLE” BASIS. AQUANTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR SUITABILITY OF ANY OF THE WARRANTY SET FORTH SERVICES AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESSED OR IMPLIED, IN SECTION 8.1 CONNECTION WITH THE SERVICES. CUSTOMER WAIVES, RELEASES AND THE DISCLAIMS ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AQUANTY AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIESRIGHTS AND CLAIMS AGAINST AQUANTY, EXPRESS OR IMPLIED, OF SUPPLIER ARISING BY LAW, STATUTE OR OTHERWISE, WITH RESPECT TO EACH PRODUCT THE SERVICES (INCLUDING, BUT NOT LIMITED TO THE RESULTS OF ANY SUPPORT SERVICES) OR PART THEREOFOTHERWISE IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICES, PRODUCT DOCUMENTATION AND ANY OTHER ITEMS SUBJECT TO, OR SERVICE DELIVERED RELATED OR PROVIDED UNDER ASSOCIATED WITH, THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION WARRANTY OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ; ANY WARRANTY ARISING FROM COURSE OF PERFORMANCE, DEALINGCOURSE OF DEALING OR USAGE OF TRADE; ANY OBLIGATION, USAGE LIABILITY, RIGHT, REMEDY OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF CLAIM IN TORT, DESPITE ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACTFAULT, NEGLIGENCE, TORT OMISSION OR STRICT LIABILITY OF AQUANTY (WHETHER ACTIVE, PASSIVE OR IMPUTED); AND ANY OTHER LEGAL THEORYOBLIGATION, AND SHALL SURVIVE A FUNDAMENTAL BREACH LIABILITY, REMEDY, RIGHT OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINCLAIM FOR INFRINGEMENT.

Disclaimer of Warranties. SUBJECT EXCEPT TO SECTIONS 9.2 AND 9.3THE EXTENT PROVIDED IN THIS AGREEMENT, THE WARRANTY SET FORTH IN SECTION 8.1 PARTIES ACKNOWLEDGE AND AGREE THAT NONE OF THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFPARTIES HAS MADE, DOES NOT MAKE, AND CUSTOMER HEREBY WAIVESEACH SUCH PARTY SPECIFICALLY NEGATES AND DISCLAIMS, RELEASES AND RENOUNCES ALL OTHER REMEDIESANY REPRESENTATIONS, WARRANTIES, GUARANTEESPROMISES, OBLIGATIONSCOVENANTS, REPRESENTATIONS AGREEMENTS OR LIABILITIES, EXPRESS GUARANTIES OF ANY KIND OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTCHARACTER WHATSOEVER, WHETHER ARISING IN FACTEXPRESS, IN LAWIMPLIED OR STATUTORY, IN CONTRACT ORAL OR WRITTEN, PAST OR PRESENT, REGARDING (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE ASSETS OWNED BY ETP HOLDCO OR ETP AND THEIR RESPECTIVE SUBSIDIARIES, INCLUDING THE ENVIRONMENTAL CONDITION OF THE ASSETS GENERALLY, INCLUDING THE PRESENCE OR LACK OF HAZARDOUS SUBSTANCES OR OTHER MATTERS ON SUCH ASSETS, (B) THE INCOME TO BE DERIVED FROM SUCH ASSETS, (C) THE SUITABILITY OF SUCH ASSETS FOR ANY AND ALL ACTIVITIES AND USES THAT MAY BE CONDUCTED THEREON OR THEREWITH, (D) THE COMPLIANCE OF OR BY SUCH ASSETS OR THEIR OPERATION WITH ANY LAWS (INCLUDING FUNDAMENTAL BREACH)ANY ZONING, IN TORT (INCLUDING NEGLIGENCEENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS), OR OTHERWISE(E) THE HABITABILITY, INCLUDINGMERCHANTABILITY, WITHOUT LIMITATIONMARKETABILITY, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF SUCH ASSETS. THE ETP PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE HAD THE OPPORTUNITY TO INSPECT THE ASSETS OF ETP HOLDCO AND ITS SUBSIDIARIES, SATISFACTORY QUALITYAND THEY ARE RELYING SOLELY ON THEIR OWN INVESTIGATION OF THE ASSETS OF ETP HOLDCO AND ITS SUBSIDIARIES AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY THE CONTRIBUTING PARTIES. THE CONTRIBUTING PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE HAD THE OPPORTUNITY TO INSPECT THE ASSETS OF ETP AND ITS SUBSIDIARIES, AND THEY ARE RELYING SOLELY ON THEIR OWN INVESTIGATION OF THE ASSETS OF ETP AND ITS SUBSIDIARIES AND NOT ON ANY INFORMATION PROVIDED OR ARISING FROM COURSE TO BE PROVIDED BY THE ETP PARTIES. NONE OF PERFORMANCETHE PARTIES IS LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, DEALINGREPRESENTATIONS OR INFORMATION PERTAINING TO THE ASSETS OF ETP HOLDCO OR ETP OR THEIR RESPECTIVE SUBSIDIARIES FURNISHED BY ANY AGENT, USAGE EMPLOYEE, SERVANT OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREEPARTY. THIS SECTION SHALL SURVIVE THE CONTRIBUTION OF THE INTERESTS OR THE TERMINATION OF THIS AGREEMENT. THE PROVISIONS OF THIS SECTION HAVE BEEN NEGOTIATED BY THE PARTIES AFTER DUE CONSIDERATION AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE LIMITATIONS ASSETS OF ETP HOLDCO OR ETP AND THEIR RESPECTIVE SUBSIDIARIES THAT MAY ARISE PURSUANT TO ANY LAW NOW OR HEREAFTER IN EFFECT, OR OTHERWISE, EXCEPT AS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREININ THIS AGREEMENT.

Disclaimer of Warranties. SUBJECT YOU ACKNOWLEDGE AND AGREE THAT TO SECTIONS 9.2 THE EXTENT PERMITTED BY APPLICABLE LAW, ANY SERVICE, ANY SERVICES PROVIDED HEREUNDER AND 9.3ANY SOFTWARE PROVIDED HEREUNDER, THE WARRANTY SET FORTH IN SECTION 8.1 ARE PROVIDED BY XXXX CANADA AND THE OBLIGATIONS ITS THIRD PARTY SERVICE PROVIDERS ON AN “AS-IS” AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF“AS AVAILABLE” BASIS, AND CUSTOMER HEREBY WAIVESXXXX CANADA AND ITS THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY, RELEASES AND RENOUNCES ALL OTHER REMEDIESREPRESENTATION OR CONDITION OF ANY KIND WHATSOEVER, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, WHETHER EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LIMITATION ANY WARRANTY, REPRESENTATION OR CONDITION OF MERCHANTABILITY, STATE OR REPRESENTATION (A) CONDITION, DESIGN, WORKMANSHIP, DURABILITY FOR ANY PERIOD OF MERCHANTABILITY OR TIME, EFFICACY, CAPACITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYFREEDOM FROM LIENS OR ENCUMBRANCES, COMPLIANCE WITH ALL OR ARISING FROM COURSE ANY FEDERAL AND PROVINCIAL HEALTH, SAFETY AND QUALITY STANDARDS OR QUALIT Y, PERFORMANCE OR NONINFRINGEMENT WITH RESPECT TO ANY SERVICE, ANY SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE. ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, ARE HEREBY EXPRESSLY EXCLUDED EXCEPT TO THE EXTENT WHERE, UNDER APPLICABLE LAW, THEY CANNOT BE DISCLAIMED, WAIVED OR LIMITED. YOU ARE RESPONSIBLE FOR THE COMPATIBILITY OF PERFORMANCETHE SERVICE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SERVICES PROVIDED HEREUNDER AND ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREINWITH ANY ELIGIBLE EQUIPMENT, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTIONCOMMON SOFTWARE, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES SERVICE AND/OR FAILURE OTHER MATERIALS NOT PROVIDED BY XXXX CANADA (THE “THIRD PARTY EQUIPMENT AND SERVICES”). TO THE EXTENT PERMITTED BY APPLICABLE LAW, XXXX CANADA DISCLAIMS ALL RESPONSIBILITY FOR DETERMINING COMPATIBILITY BETWEEN THE SERVICE, ANY SERVICES PROVIDED HEREUNDER, ANY SOFTWARE AND THE THIRD PARTY EQUIPMENT AND SERVICES. WITHOUT LIMITING THE GENERALITY OF THE ESSENTIAL PURPOSE FOREGOING, XXXX CANADA AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THE PERFORMANCE, AVAILABILITY, ACCURACY, SECURITY, ERROR-FREE OR UNINTERRUPTED OPERATION OR USE OF THE AGREEMENT SERVICE, ANY SERVICES PROVIDED HEREUNDER, ANY SOFTWARE OR OF IN EACH CASE ANY REMEDY CONTAINED HEREINPART THEREOF WILL MEET YOUR REQUIREMENTS, EXPECTATIONS OR SPECIFIC NEEDS.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 THE BROADBAND INTERNET SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE TOWN OF ISLESBORO NOR IMB, ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS WARRANT THAT THE EQUIPMENT OR SERVICES WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, BE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. NEITHER THE TOWN OF ISLESBORO NOR IMB, ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM. ALL REPRESENTATIONS AND 9.3, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES WARRANTIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIESANY KIND, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTYWARRANTIES OF TITLE, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYMERCHANTABILITY, OR ACCURACY, NON-INTERFERENCE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF PERFORMANCEDEALING OR COURSE OF TRADE, DEALINGARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE REQUIRED BY THE APPLICABLE LAW. NO ADVICE OR INFORMATION GIVEN BY IMB OR ITS AFFILIATES, USAGE SUPPLIERS, EMPLOYEES, AGENTS, OR TRADE PRACTICE; (B) THAT CONTRACTORS WILL VARY THE PRODUCTS BE FREE FROM INFRINGEMENT TERMS OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE 9 OR CREATE ANY FORM OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINWARRANTY.

Disclaimer of Warranties. LESSEE HAS SELECTED THE LEASED PROPERTY ON THE BASIS OF ITS OWN JUDGMENT. LESSEE EXPRESSLY REPRESENTS, WARRANTS, ACKNOWLEDGES AND AGREES THAT THE LEASED PROPERTY AND EACH PORTION THEREOF ARE LEASED HEREUNDER SUBJECT TO SECTIONS 9.2 ALL REQUIREMENTS OF APPLICABLE LAW NOW IN EFFECT OR HEREAFTER ADOPTED AND 9.3AS IS, THE WARRANTY SET FORTH WHERE IS, IN SECTION 8.1 THEIR EXISTING STATE AND THE OBLIGATIONS PHYSICAL CONDITION AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFLOCATION, AND CUSTOMER HEREBY WAIVESWITH ALL FAULTS, RELEASES AND RENOUNCES ALL OTHER REMEDIESWITHOUT REPRESENTATION OR WARRANTY, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EITHER EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT ANY KIND BY LESSOR, INDENTURE TRUSTEE, ANY PARTICIPANT, ANY OF THEIR RESPECTIVE AFFILIATES OR PART THEREOFANY OTHER PERSON ACTING ON BEHALF OF ANY OF THEM. NEITHER LESSOR, PRODUCT DOCUMENTATION INDENTURE TRUSTEE, ANY PARTICIPANT, ANY OF THEIR RESPECTIVE AFFILIATES OR SERVICE DELIVERED ANY OTHER PERSON ACTING ON BEHALF OF ANY OF THEM MAKES ANY REPRESENTATION OR PROVIDED UNDER THIS AGREEMENTWARRANTY OF ANY KIND WHATSOEVER, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), EXPRESS OR OTHERWISEIMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTYAS TO THE SAFETY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR TITLE, CONDITION, QUALITY, QUANTITY, FITNESS FOR A PARTICULAR PURPOSEUSE, SATISFACTORY QUALITYMERCHANTABILITY, OR ARISING FROM COURSE OF PERFORMANCECONFORMITY TO SPECIFICATION, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE CHARACTERISTIC OF THE ESSENTIAL PURPOSE OF LEASED PROPERTY, OR AS TO WHETHER THE AGREEMENT LEASED PROPERTY OR THE OWNERSHIP, USE, OCCUPANCY, OPERATION OR POSSESSION THEREOF, COMPLIES WITH ANY APPLICABLE LAW, RULES, REGULATIONS OR REQUIREMENTS OF ANY REMEDY CONTAINED HEREINKIND OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, OR THE CONFORMITY THEREOF TO ANY PLANS OR ANY OTHER MATTER WHATSOEVER, WHETHER OR NOT DISCOVERABLE, NOR SHALL LESSOR, INDENTURE TRUSTEE, ANY PARTICIPANT, ANY OF THEIR RESPECTIVE AFFILIATES OR ANY OTHER PERSON ACTING ON BEHALF OF ANY OF THEM BE LIABLE FOR OR OBLIGATED WITH RESPECT TO INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR NATURE (INCLUDING ANY LIABILITY IN TORT, STRICT OR OTHERWISE) IN CONNECTION THEREWITH, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE SOLELY BY LESSEE. THE PROVISIONS OF THIS SECTION 2.3 HAVE BEEN NEGOTIATED BY LESSOR AND LESSEE AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY REPRESENTATIONS OR WARRANTIES BY LESSOR, INDENTURE TRUSTEE, ANY PARTICIPANT, ANY OF THEIR RESPECTIVE AFFILIATES OR ANY PERSON ACTING ON BEHALF OF ANY OF THEM, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASED PROPERTY THAT MAY ARISE PURSUANT TO ANY APPLICABLE LAW NOW OR HEREAFTER IN EFFECT OR OTHERWISE. Each payment of Rent and any other amount due hereunder made by Lessee shall be final, and Lessee, without waiving any other remedies it may have, will not seek or have any right to recover all or any part of such payment from Lessor, Indenture Trustee, any Participant, any of their respective Affiliates or any other Person for any reason whatsoever except for prior payment or manifest error.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3THE FULLEST EXTENT PERMITTED BY LAW, THE WARRANTY EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN SECTION 8.1 AND THIS ARTICLE IV (AS MODIFIED BY THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND COMPANY DISCLOSURE SCHEDULE) OR IN LIEU OFANY CERTIFICATE DELIVERED HEREUNDER, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR LIABILITIESWARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO THE CONDITION, VALUE OR QUALITY OF SUPPLIER THE COMPANY OR THE COMPANY’S ASSETS, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO EACH PRODUCT THE COMPANY’S ASSETS, OR PART AS TO THE WORKMANSHIP THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTTHE ABSENCE OF ANY DEFECTS THEREIN, WHETHER ARISING LATENT OR PATENT, IT BEING UNDERSTOOD THAT SUCH SUBJECT ASSETS ARE BEING ACQUIRED “AS IS, WHERE IS” ON THE CLOSING DATE, AND IN FACTTHEIR PRESENT CONDITION, AND PARENT AND MERGER SUB SHALL RELY ON THEIR OWN EXAMINATION AND INVESTIGATION THEREOF. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS ARTICLE IV (AS MODIFIED BY THE COMPANY DISCLOSURE SCHEDULE) OR IN ANY CERTIFICATE DELIVERED HEREUNDER, THE COMPANY HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY REPRESENTATION, WARRANTY, STATEMENT, OR INFORMATION MADE, COMMUNICATED, OR FURNISHED (ORALLY OR IN CONTRACT WRITING) TO PARENT, MERGER SUB OR THEIR AFFILIATES OR REPRESENTATIVES (INCLUDING FUNDAMENTAL BREACH)ANY OPINION, IN TORT (INCLUDING NEGLIGENCE)INFORMATION, PROJECTION, OR OTHERWISEADVICE THAT MAY HAVE BEEN OR MAY BE PROVIDED TO PARENT OR MERGER SUB BY ANY STOCKHOLDER, INCLUDINGDIRECTOR, WITHOUT LIMITATIONOFFICER, ANY WARRANTYEMPLOYEE, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEAGENT, SATISFACTORY QUALITYCONSULTANT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE REPRESENTATIVE OF THE NATURE COMPANY OR ANY OF ITS AFFILIATES). THE COMPANY DOES NOT MAKE NOR HAS IT MADE ANY REPRESENTATIONS OR WARRANTIES TO PARENT OR MERGER SUB REGARDING ANY PROJECTION OR FORECAST REGARDING FUTURE RESULTS OR ACTIVITIES OR THE PROBABLE SUCCESS OR PROFITABILITY OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINCOMPANY.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3LESSOR IS NOT A SELLER, SUPPLIER OR MANUFACTURER (AS SUCH TERMS ARE DEFINED OR USED, AS THE WARRANTY SET FORTH CASE MAY BE, IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFUNIFORM COMMERCIAL CODE), NOR A SELLER'S OR A DEALER'S AGENT. THE EQUIPMENT IS LEASED HEREUNDER "AS IS", AND CUSTOMER LESSOR HAS NOT MADE, AND HEREBY WAIVESDISCLAIMS LIABILITY FOR, RELEASES AND RENOUNCES LESSEES HEREBY WAIVE ALL OTHER REMEDIESRIGHTS AGAINST LESSOR RELATING TO, ANY AND ALL WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIESOBLIGATIONS OF ANY KIND WITH RESPECT TO THE EQUIPMENT, EITHER EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), BY APPLICABLE LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY WARRANTY, CONDITION OF THE SAME RELATING TO OR REPRESENTATION ARISING IN OR UNDER: (Aa) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM ; (b) COURSE OF PERFORMANCE, DEALING, COURSE OF DEALING OR USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIESTRADE; OR (Cc) THAT TORT (WHETHER OR NOT ARISING FROM THE OPERATION ACTUAL, IMPLIED OR IMPUTED NEGLIGENCE OF LESSOR OR STRICT LIABILITY) OR THE UNIFORM COMMERCIAL CODE (INCLUDING ARTICLE 2A, AS HEREINAFTER DEFINED; AND, WITHOUT LIMITING THE FOREGOING, INCLUDING, (i) ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED WARRANTIES CONTAINED IN xx.xx. 2A-210, 211, 212 AND 213, (ii) ANY RIGHT TO DEEM LESSOR IN DEFAULT PURSUANT THERETO, AND (iii) ALL OF LESSEES' RIGHTS AND REMEDIES UNDER xx.xx. 2A-508 THROUGH 521) OR ERROR FREE. THIS SECTION AND OTHER APPLICABLE LAW WITH RESPECT TO THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIMEQUIPMENT, INCLUDING BUT ITS TITLE OR FREEDOM FROM LIENS, FREEDOM FROM TRADEMARK, PATENT OR COPYRIGHT INFRINGEMENT, FREEDOM FROM LATENT DEFECTS (WHETHER OR NOT LIMITED TODISCOVERABLE), BREACH OF CONTRACTCONDITION, NEGLIGENCEMANUFACTURE, TORT DESIGN, SERVICING OR ANY OTHER LEGAL THEORYCOMPLIANCE WITH APPLICABLE LAW; it being agreed that all such risks, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINas between Lessor and Lessees, are to be borne by Lessees; and Lessor's agreement to enter into this Lease is in reliance upon the freedom from and complete negation of liability or responsibility for the matters waived and disclaimed herein. Lessor is not responsible for any direct, indirect, incidental or consequential damage to or losses resulting from the installation, operation or use of the Equipment or any products manufactured thereby. All assignable warranties made by the Supplier as to any item of Equipment are hereby assigned to Lessees for and during the term of this Lease and Lessees agree to resolve all such claims directly with the Supplier. Provided that no default or Default has occurred and is then continuing, Lessor fully shall cooperate with Lessees with respect to the resolution of such claims, in good faith and by appropriate proceedings at Lessees' expense. Any such claim shall not affect in any manner the unconditional obligation of Lessees to make rent payments hereunder.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY Release OTHER THAN AS EXPRESSLY SET FORTH OUT IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACTNEITHER GLENMEDE NOR ITS LICENSORS, IN LAWSUPPLIERS, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)ADVERTISERS, OR OTHERWISEDISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SOCIAL PROPERTIES. FOR EXAMPLE, INCLUDINGWE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT W ITHIN THE SOCIAL PROPERTIES, WITHOUT LIMITATIONTHE SPECIFIC FUNCTIONS OF THE SOCIAL PROPERTIES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE ALSO DO NOT MAKE ANY WARRANTYW ARRANTIES OR COMMITMENT RELATING TO NON- INFRINGEMENT, CONDITION FREEDOM FROM VIRUSES OR REPRESENTATION (A) OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS. WE PROVIDE THE SOCIAL PROPERTIES “AS-IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN W ARRANTIES, LIKE THE IMPLIED W ARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW , SATISFACTORY QUALITYWE DISCLAIM ALL W ARRANTIES, WHETHER EXPRESS OR IMPLIED. YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO XXX ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOW N, ARISING OUT OF OR IN CONNECTION W ITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE SOCIAL PROPERTIES. YOU UNDERSTAND AND ACKNOW LEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOW N TO YOU, AND YOU W AIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT W ITH THE DEBTOR.” BY AGREEING TO THESE TERMS AND THIS W AIVER, YOU ASSUME ALL RISK ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINYET UNKNOW N CLAIMS.

Disclaimer of Warranties. NOTWITHSTANDING ANYTHING CONTAINED TO THE CONTRARY IN ANY OTHER PROVISION OF THIS AGREEMENT, IT IS THE EXPLICIT INTENT OF EACH PARTY HERETO THAT SELLER IS NOT MAKING ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, BEYOND THOSE REPRESENTATIONS OR WARRANTIES EXPRESSLY GIVEN IN THIS AGREEMENT, AND IT IS UNDERSTOOD THAT, SUBJECT TO SECTIONS 9.2 SUCH EXPRESS REPRESENTATIONS AND 9.3, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEESBUYER TAKES THE ASSETS “AS IS” AND “WHERE IS.” WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, OBLIGATIONS, REPRESENTATIONS SELLER HEREBY (i) EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATION OR LIABILITIESWARRANTY, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN AT COMMON LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), BY STATUTE OR OTHERWISE, RELATING TO (a) THE CONDITION OF THE ASSETS (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION IMPLIED OR REPRESENTATION (A) EXPRESS WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYOR OF CONFORMITY TO MODELS OR SAMPLES OF MATERIAL, OR ARISING FROM COURSE THE PRESENCE OR ABSENCE OF PERFORMANCEANY HAZARDOUS MATERIAL IN OR ON, DEALINGOR DISPOSED OF OR DISCHARGED FROM, USAGE THE ASSETS), or (b) ANY INFRINGEMENT BY SELLER OF ANY PATENT OR TRADE PRACTICE; PROPRIETARY RIGHT OF ANY THIRD PARTY, and (Bii) NEGATE ANY RIGHTS OF BUYER UNDER STATUTES TO CLAIM DIMINUTION OF CONSIDERATION AND CLAIMS BY BUYER FOR DAMAGES BECAUSE OF REDHIBITORY VICES OR DEFECTS, WHETHER KNOWN OR UNKNOWN, IT BEING THE INTENTION OF THE PARTIES THAT THE PRODUCTS ASSETS ARE TO BE FREE FROM INFRINGEMENT ACCEPTED BY BUYER IN THEIR PRESENT CONDITION AND STATE OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINREPAIR.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 THE BANK PROVIDES THE SERVICES “AS IS” AND 9.3, ON AN “AS AVAILABLE” BASIS. THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, BANK MAKES NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER ENDORSEMENTS WHATSOEVER WITH RESPECT TO EACH PRODUCT OR PART THEREOFTHE SERVICES. THE BANK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTEXPRESS, WHETHER ARISING IN FACTIMPLIED, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTYIMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYTITLE, QUITE ENJOYMENT, AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICES. BANK MAKES NO WARRANTY THAT (a) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR ARISING FREE FROM COURSE OF PERFORMANCE, DEALING, USAGE VIRUSES OR TRADE PRACTICEOTHER HARMFUL COMPONENTS; (Bb) THAT THE PRODUCTS DEFECTS WILL BE FREE CORRECTED; (c) DAMAGES FROM INFRINGEMENT HACKERS, VIRUSES, BUGS, CORRUPTION OF RIGHTS DATA OR OTHER TYPES OF THIRD PARTIESCONTAMINATION WILL BE CORRECTED OR PREVENTED; OR (Cd) ANY CONTENT OR OTHER INFORMATION CONTAINED IN, RESULTS THAT MAY BE OBTAINED FROM THE OPERATION USE OF, OR OTHER ASPECT OF ANY SOFTWARE DELIVERED HEREUNDER THE SERVICES WILL BE UNINTERRUPTED ACCURATE, CURRENT, COMPLETE, ADEQUATE OR ERROR FREERELIABLE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREINNO ADVICE, CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH ANY OF OUR SERVICES SHALL APPLY IRRESPECTIVE CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE GENERAL TERMS OF THE NATURE SERVICE. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY OR ALL OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINOUR SERVICES IS DISCLAIMED.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3The Limited Warranty above is the only warranty made to you and is provided in lieu of any other warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. No employee, agent, representative or affiliate of Datamed has authority to bind Datamed to any oral representations or warranty concerning the Product. Any written representation or warranty not expressly contained in this XXXX will not be enforceable. EXCEPT FOR THE LIMITED WARRANTY, THE WARRANTY SET FORTH IN SECTION 8.1 PRODUCT, SOFTWARE, RELATED MATERIALS, DOCUMENTATION AND/OR ANY SERVICES RELATED TO THE PRODUCT, ARE PROVIDED "AS-IS, WITH ALL FAULTS," AND TO THE OBLIGATIONS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATAMED AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFITS SUBSIDIARIES, AND CUSTOMER HEREBY WAIVESAFFILIATES, RELEASES AND RENOUNCES LICENSORS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") DISCLAIM ALL OTHER REMEDIES, REPRESENTATIONS AND WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOFREGARDING THE PRODUCT, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTSOFTWARE, WHETHER ARISING IN FACTRELATED MATERIALS, IN LAWCONTENT AND ANY SERVICES, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY SECURITY, QUALITY, MERCHANTABILITY, AND THEIR NON-INFRINGEMENT. DATAMED EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) WARRANTIES THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE YOUR USE OF THE NATURE OF THE CAUSE OF ACTIONPRODUCT WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, DEMAND OR CLAIMWILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO, BREACH TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF CONTRACT, NEGLIGENCE, TORT 1996 (“HIPAA”) OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH FEDERAL OR BREACHES AND/STATE STATUTES OR FAILURE REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE ESSENTIAL PURPOSE PRODUCT, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING WITHOUT LIMITATION THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT AND EU’S GENERAL DATA PROTECTION REGULATION. IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINCHANGES IN LAWS, REGULATIONS AND HEALTHCARE PRACTICES THAT AFFECT YOU AND YOUR BUSINESS. You shall indemnify and hold Datamed harmless from and against any costs, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of any claims related to your use of the Product or violation of this XXXX.

Disclaimer of Warranties. SUBJECT EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SERVICE IS PROVIDED “AS- IS” AND “WITH ALL FAULTS”, AND, TO SECTIONS 9.2 THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALENTCARE, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND 9.3MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (INDIVIDUALLY, A “TALENTCARE PARTY” AND COLLECTIVELY, THE WARRANTY SET FORTH IN SECTION 8.1 “TALENTCARE PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND THE OBLIGATIONS AND LIABILITIES CONDITIONS OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIESANY KIND, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT REGARDING THE SERVICE, OR OTHERWISE RELATING TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY MERCHANTABILITY, MERCHANTABLE QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICENON-INFRINGEMENT AND ACCURACY AND NON-INTERFERENCE; (B) NEITHER TALENTCARE NOR ANY TALENTCARE PARTY WARRANTS THAT (i) THE PRODUCTS SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS, (ii) THE SERVICE WILL MEET YOUR REQUIREMENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM INFRINGEMENT THE USE OF RIGHTS OF THIRD PARTIESTHE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (C) THAT YOU ASSUME THE OPERATION ENTIRE COST OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED ALL NECESSARY SERVICING, REPAIR, OR ERROR FREE. THIS SECTION CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF TALENTCARE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) TALENTCARE AND THE LIMITATIONS SET FORTH HEREINTALENTCARE PARTIES, SHALL APPLY IRRESPECTIVE JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE NATURE OF THE CAUSE OF ACTIONFORMS, DEMAND DATA, REPORTS, RESULTS OR CLAIMOTHER INFORMATION OBTAINED, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT GENERATED OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR FAILURE USING THE SERVICE OR OTHERWISE RELATING TO THIS AGREEMENT, AND (E) USE OF THE ESSENTIAL PURPOSE SERVICE IS ENTIRELY AT YOUR OWN RISK AND NEITHER TALENTCARE NOR ANY OF THE AGREEMENT TALENTCARE PARTIES SHALL HAVE ANY LIABILITY OR OF ANY REMEDY CONTAINED HEREINRESPONSIBILITY THEREFOR.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 JUNIPER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, APPROVED SOURCES, RESELLERS, DISTRIBUTORS, SUPPLIERS, SUBLICENSEES, AND 9.3AGENTS (“DISCLAIMING PARTIES”) HEREBY DISCLAIM ANY WARRANTY, REPRESENTATION OR ASSURANCE THAT THE SOFTWARE, THE WARRANTY JUNIPER PLATFORM, OR ANY OTHER EQUIPMENT OR NETWORK RUNNING THE SOFTWARE, WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. EXCEPT FOR THE EXPRESS WARRANTIES AND REMEDIES SET FORTH IN SECTION 8.1 THE PRODUCT WARRANTY POLICY, TO THE EXTENT PERMITTED BY LAW, THE SOFTWARE AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER JUNIPER PLATFORM EACH ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFFURNISHED, AND CUSTOMER HEREBY WAIVESANY SERVICES PROVIDED BY JUNIPER IN CONNECTION THEREWITH ARE PERFORMED, RELEASES “AS IS” AND RENOUNCES WITH ALL FAULTS. JUNIPER SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY’S UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY OF YOUR TRANSMISSION(S) OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED USING THE SOFTWARE OR ANY JUNIPER PLATFORM, ANY INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, DESTRUCTION, OR USE OF RECORD. JUNIPER DOES NOT WARRANT THAT THE SOFTWARE OR JUNIPER PLATFORM IS FREE OF INACCURACIES, ERRORS, BUGS, VIRUSES, HACKERS, INTERRUPTIONS, OR OTHER REMEDIESHARMFUL COMPONENTS OR PROGRAM LIMITATIONS. AS BETWEEN YOU AND JUNIPER, WARRANTIESTHE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, GUARANTEESTHE JUNIPER PLATFORM, OBLIGATIONSOR ANY RELATED SERVICES, REPRESENTATIONS REMAINS WITH YOU, WHO ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR LIABILITIESCORRECTION OF PROBLEMS CAUSED BY ANY OF THE FOREGOING, FOR ANY ACT OF GOD, INTERNET BLACKOUT (OR BROWNOUT), YOUR IMPROPER APPLICATION ARCHITECTURE OR IMPLEMENTATION, ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSMISSION(S) ENTERED THROUGH THE SOFTWARE. EXCEPT FOR THE EXPRESS OR WARRANTIES AND REMEDIES SET FORTH IN THE PRODUCT WARRANTY POLICY, JUNIPER DISCLAIMS ALL CONDITIONS, REMEDIES AND WARRANTIES IN AND TO THE SOFTWARE AND THE JUNIPER PLATFORM (WHETHER EXPRESS, IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)STATUTORY, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY WARRANTYIMPLIED WARRANTY OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY, NON- INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF PERFORMANCE, DEALING, USAGE LAW, USAGE, OR TRADE PRACTICE; (B) . TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, THAT WARRANTY IS LIMITED IN DURATION TO THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR (C) THAT JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREEABOVE LIMITATION MAY NOT APPLY. THIS SECTION WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND THE LIMITATIONS SET FORTH HEREIN, YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY IRRESPECTIVE EVEN IF THE EXPRESS WARRANTY FAILS OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ITS ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINPURPOSE.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, CUSTOMER ACKNOWLEDGES THAT T-MOBILE IS NOT THE WARRANTY SET FORTH IN SECTION 8.1 AND MANUFACTURER OF THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFUNITS, AND CUSTOMER HEREBY WAIVESEXCEPT AS TO ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED WITH THE UNITS, RELEASES ALL SERVICES AND RENOUNCES UNITS ARE PROVIDED ON AN “AS IS” AND “WITH ALL OTHER REMEDIESFAULTS” BASIS, WARRANTIESAND WITHOUT WARRANTIES OF ANY KIND, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EITHER EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTYWARRANTIES OF TITLE, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ASSUMES ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE OR UNITS. T-MOBILE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON T-MOBILE'S BEHALF AND CUSTOMER SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN PACKAGING, SATISFACTORY QUALITYMANUALS OR OTHER DOCUMENTS, OR ARISING FROM COURSE BY ANY OF PERFORMANCET-MOBILE'S AGENTS (EXCEPT AS TO ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED WITH THE UNITS), DEALINGARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY T-MOBILE OF ANY KIND. NEITHER T-MOBILE NOR ITS OFFICERS, USAGE DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR TRADE PRACTICE; AFFILIATES (B“T-MOBILE AFFILIATES”) WARRANT THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; INFORMATION, PRODUCTS, PROCESSES, AND/OR (C) THAT SERVICES AVAILABLE THROUGH THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER SERVICE OR UNIT WILL BE UNINTERRUPTED UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. THIS SECTION AND IF CUSTOMER RECEIVED A WRITTEN “T-MOBILE LIMITED WARRANTY” WITH ANY UNIT, IT IS THE LIMITATIONS SET FORTH HEREINONLY WARRANTY MADE BY T-MOBILE WITH RESPECT TO SUCH UNIT. Some states do not allow the disclaimer of implied warranties, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINso the above exclusion may not apply to Customer in whole or in part.

Disclaimer of Warranties. SUBJECT ALWAYS TO SECTIONS 9.2 AND 9.3SECTION 5.2 ABOVE, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFNEITHER BLUE YONDER, AND CUSTOMER HEREBY WAIVESITS AFFILIATES NOR ITS LICENSORS MAKE ANY WARRANTY, RELEASES AND RENOUNCES ALL OTHER REMEDIESREPRESENTATION, WARRANTIESTERM, GUARANTEES, OBLIGATIONS, REPRESENTATIONS CONDITION OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER AGREEMENT WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR THE LICENSED MATERIALS AND THE LICENSED MATERIALS ARE PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT “AS-IS.” BLUE YONDER AND ITS LICENSORS EXPRESSLY DISCLAIM AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL IMPLIED AND STATUTORY WARRANTIES (INCLUDING FUNDAMENTAL BREACH)WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, IN TORT (INCLUDING NEGLIGENCE)NON- INFRINGEMENT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) ). WITHOUT LIMITING THE FOREGOING, BLUE YONDER MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND THAT THE LICENSED MATERIALS, OR ANY OTHER BLUE YONDER OR THIRD-PARTY GOODS, SERVICES, TECHNOLOGIES OR MATERIALS (INCLUDING BUT NOT LIMITED TO ANY SOFTWARE OR HARDWARE), OR ANY PRODUCTS BE FREE FROM INFRINGEMENT OR RESULTS OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION USE OF ANY SOFTWARE DELIVERED HEREUNDER OF THEM, WILL MEET YOUR OR OTHER PERSONS’ REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE UNINTERRUPTED COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES OR MATERIALS (INCLUDING BUT NOT LIMITED TO ANY SOFTWARE, HARDWARE, SYSTEM OR NETWORK), OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. THIS SECTION ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN YOU AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE THIRD- PARTY OWNER OR DISTRIBUTOR OF SUCH THIRD-PARTY MATERIALS. BLUE YONDER FURTHER EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR COMPANY’S PERFORMANCE OF THE NATURE TERMS OF THE CAUSE LICENSE AGREEMENT, OR ANY OTHER AGREEMENT BETWEEN YOU AND COMPANY. 5.6 IN NO CIRCUMSTANCES SHALL THE CUMULATIVE, AGGREGATE LIABILITY OF BLUE YONDER AND ITS AFFFILATES FOR ALL CLAIMS OR OTHER LOSSES ARISING OUT OF OR RELATING TO THESE TERMS AND THE LICENSE AGREEMENT EXCEED THE AMOUNT OF FEES RECEIVED BY BLUE YONDER FOR THE SOFTWARE LICENSED BY COMPANY TO YOU. BLUE YONDER IS NOT LIABLE IN ANY WAY FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF RECREATING DATA, OR THE COST OF ANY SUBSTITUTE EQUIPMENT OR SOFWARE (IN EACH CASE WHETHER DIRECT OR INDIRECT IN NATURE) OR FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THE LICENSED MATERIALS OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF WHETHER IN CONTRACT, TORT (INCLUIDNG BUT LIMITED TO NEGLIGENCE, TORT STRICT LIABILITY OR ANY OTHER LEGAL THEORYOTHERWISE, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE EVEN IF BLUE YONDER IS INFORMED OF THE ESSENTIAL PURPOSE POSSIBILITY OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.por un incumplimiento de la garantía será que la Empresa inmediatamente y sin ningún costo para Usted trabaje con BLUE YONDER a fin de: (i) reparar el Software; o (ii) reemplazar el Software con Software funcionalmente equivalente (cuyo software, en su reemplazo del Software, constituirá el Software a continuación)o (iii) si BLUE YONDER determina razonablemente que no puede reparar ni reemplazar el Software defectuoso dentro de un período de tiempo comercialmente razonable, entonces la Empresa podrá rescindir la licencia del Software afectado, en cuyo caso la Empresa reembolsará las Tarifas de Licencia pagadas por el Software defectuoso. 5.4 Excepciones La garantía establecida en la Sección 5.1 no se aplica a problemas que xxxxxx de x xxxxx relacionados con: (a) Su modificación o daño o la modificación de un xxxxxxx al Software o los medios en los que se proporciona; (b) Su operación o uso del Software de forma distinta a la especificada en la Documentación; (c) Su combinación, operación o uso del Software con cualquier tecnología (incluido cualquier software, hardware, firmware, sistema o red) o servicio no especificado para Su uso en la Documentación; (d) Su negligencia o abuso del Software; (e) No instalar de inmediato todas las Actualizaciones que Blue Yonder le ha puesto a su disposición durante el Período de garantía del software; (f) el funcionamiento o el acceso a Usted o un sistema o red de terceros; (g) Su incumplimiento de cualquier disposición material de estos Términos; o (i) cualquier otra circunstancia o causa fuera del control razonable de Blue Yonder (incluido el estrés físico o eléctrico anormal).A fin de evitar xxxxx, si Usted no contrató servicios de mantenimiento en virtud del Artículo 4, la Empresa no estará obligada a ofrecer ningún recurso para cumplir la garantía. 5.5

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE WARRANTY SET FORTH IN SECTION 8.1 SERVICES, THE ASSETUM MATERIALS AND THE OBLIGATIONS ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF ASSETUM ARE PROVIDED ON AN “AS IS” AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE “AS AVAILABLE” BASIS AND IN LIEU OFASSTUM EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVESYOU WAIVE, RELEASES ANY AND RENOUNCES ALL OTHER REMEDIESWARRANTIES OF ANY KIND, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, WHETHER EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTYIMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, DEALINGCOURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, USAGE ASSETUM DOES NOT REPRESENT OR TRADE PRACTICE; WARRANT THAT THE SITE, THE SERVICES OR ASSETUM MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASSETUM DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT ASSETUM WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) THAT ANY ERROR OR DELAY IN THE PRODUCTS BE FREE FROM INFRINGEMENT TRANSMISSION OF RIGHTS OF THIRD PARTIES; OR SUCH DATA, (C) THAT INTERRUPTION IN ANY SUCH DATA AND (D) ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS, OMISSIONS OR VIOLATION OF THIS AGREEMENT. THE OPERATION DISCLAIMER OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINJURISDICTION IN WHICH YOU RESIDE.

Disclaimer of Warranties. SUBJECT EXCEPT TO SECTIONS 9.2 AND 9.3THE EXTENT PROVIDED IN THIS AGREEMENT OR IN ANY OTHER DOCUMENT EXECUTED OR DELIVERED IN CONNECTION WITH THIS AGREEMENT, THE WARRANTY SET FORTH IN SECTION 8.1 PARTIES ACKNOWLEDGE AND AGREE THAT NONE OF THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFPARTIES HAS MADE, DOES NOT MAKE, AND CUSTOMER HEREBY WAIVESEACH SUCH PARTY SPECIFICALLY NEGATES AND DISCLAIMS, RELEASES AND RENOUNCES ALL OTHER REMEDIESANY REPRESENTATIONS, WARRANTIES, GUARANTEESPROMISES, OBLIGATIONSCOVENANTS, REPRESENTATIONS AGREEMENTS OR LIABILITIES, EXPRESS GUARANTIES OF ANY KIND OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTCHARACTER WHATSOEVER, WHETHER ARISING IN FACTEXPRESS, IN LAWIMPLIED OR STATUTORY, IN CONTRACT ORAL OR WRITTEN, PAST OR PRESENT, REGARDING (INCLUDING FUNDAMENTAL BREACH)A) THE VALUE, IN TORT (INCLUDING NEGLIGENCE)NATURE, QUALITY OR OTHERWISECONDITION OF THE ASSETS OWNED BY THE VESSEL-OWNING SUBSIDIARIES, INCLUDING, WITHOUT LIMITATION, THE ENVIRONMENTAL CONDITION OF THE ASSETS GENERALLY, INCLUDING, WITHOUT LIMITATION, THE PRESENCE OR LACK OF HAZARDOUS SUBSTANCES OR OTHER MATTERS ON SUCH ASSETS, (B) THE INCOME TO BE DERIVED FROM SUCH ASSETS, (C) THE SUITABILITY OF SUCH ASSETS FOR ANY WARRANTYAND ALL ACTIVITIES AND USES THAT MAY BE CONDUCTED THEREON OR THEREWITH, CONDITION (D) THE COMPLIANCE OF OR REPRESENTATION BY SUCH ASSETS OR THEIR OPERATION WITH ANY LAWS (AINCLUDING WITHOUT LIMITATION ANY ZONING, ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS), OR (E) OF MERCHANTABILITY THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF SUCH ASSETS. EXCEPT TO THE EXTENT PROVIDED IN ANY OTHER DOCUMENT EXECUTED OR DELIVERED IN CONNECTION WITH THIS AGREEMENT, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) EACH PARTY ACKNOWLEDGES AND AGREES THAT SUCH PARTY HAS HAD THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT OPPORTUNITY TO INSPECT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE ASSETS OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORYVESSEL-OWNING SUBSIDIARIES, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.SUCH PARTY

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 THE SITE AND 9.3SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION ON OR ACCESSED THROUGH THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES SITE OR SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. PayMac DISCLAIMS ANY WARRANTIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIESANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOFMERCHANTABILITY, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYNON-INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) QUIET ENJOYMENT. PayMac DOES NOT WARRANT THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; SERVICES, FUNCTIONS, FEATURES OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THIS SECTION PayMac MAKES NO WARRANTY THAT SALES WILL BE COMPLETED THROUGH THE SITE OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING THE LIMITATIONS SET FORTH HEREINLISTED ASSETS, SHALL APPLY IRRESPECTIVE THE LISTED ASSETS WILL BE SOLD. PayMac MAKES NO WARRANTY OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT ANY KIND REGARDING ANY LISTED ASSETS OR ANY OTHER LEGAL THEORYTRANSACTIONS ENTERED INTO THROUGH THE SERVICES. PayMac EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY LISTED ASSETS SOLD ON OR THROUGH THE SITE OR THE SERVICES, AND SHALL SURVIVE A FUNDAMENTAL BREACH ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES AND/COMMITTED BY ANY BUYER OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINOTHER USER.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY EXCEPT AS SET FORTH IN SECTION 8.1 AND SELLER’S WARRANTY OF TITLE TO THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFREAL PROPERTY, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND CUSTOMER HEREBY WAIVESSHALL HAVE NO LIABILITY FOR: (1) THE CONDITION OF THE PROPERTY OR ANY BUILDING, RELEASES AND RENOUNCES ALL OTHER REMEDIESSTRUCTURE, WARRANTIESOR IMPROVEMENTS THEREON OR THE SUITABILITY, GUARANTEESHABITABILITY, OBLIGATIONSMERCHANTABILITY OR FITNESS OF THE PROPERTY FOR BUYER’S INTENDED USE OR FOR ANY USE WHATSOEVER; (2) COMPLIANCE WITH ANY BUILDING, REPRESENTATIONS ZONING OR LIABILITIES, EXPRESS FIRE LAWS OR IMPLIED, OF SUPPLIER REGULATIONS OR WITH RESPECT TO EACH PRODUCT THE EXISTENCE OF OR PART THEREOFCOMPLIANCE WITH ANY REQUIRED PERMITS, PRODUCT DOCUMENTATION IF ANY, OF ANY GOVERNMENTAL AGENCY; (3) THE AVAILABILITY OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTADEQUACY OF ANY WATER, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)SEWER, OR OTHERWISEUTILITY RIGHTS; (4) THE PRESENCE OF ANY HAZARDOUS SUBSTANCES IN ANY IMPROVEMENTS ON THE PROPERTY, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY WARRANTY, CONDITION LIMITATION ASBESTOS OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYUREAFORMALDHYDE, OR ARISING FROM COURSE THE PRESENCE OF PERFORMANCE, DEALING, USAGE ANY ENVIRONMENTALLY HAZARDOUS WASTES OR TRADE PRACTICEMATERIALS ON OR UNDER THE PROPERTY; (B5) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT PRESENCE OF RIGHTS ANY UNDERGROUND STORAGE TANKS OR ABOVE GROUND STORAGE TANKS ON THE PROPERTY; (6) THE ACCURACY OR COMPLETENESS OF THIRD PARTIESANY PLANS AND SPECIFICATIONS, REPORTS, OR OTHER MATERIALS PROVIDED TO BUYER; OR (C7) ANY OTHER MATTER RELATING TO THE CONDITION OF THE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SELLER SHALL HAVE NO LIABILITY TO BUYER WITH RESPECT TO THE CONDITION OF THE PROPERTY UNDER COMMON LAW, OR UNDER ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION. BUYER HEREBY WAIVES ANY AND ALL CLAIMS WHICH BUYER HAS OR ANY HAVE AGAINST THE SELLER WITH RESPECT TO THE CONDITION OF THE PROPERTY. WAIVER OF ANY INSPECTION PERIOD CONTINGENCY SET FORTH IN THE PURCHASE AND SALE AGREEMENT OR IF THERE IS NO INSPECTION CONTINGENCY, BUYER’S EXECUTION OF THE PURCHASE AND SALE AGREEMENT, SHALL CONSTITUTE BUYER’S ACKNOWLEDGMENT TO SELLER THAT THE OPERATION BUYER HAS FULLY INSPECTED THE PROPERTY AND BUYER ASSUMES THE RESPONSIBILITY AND RISKS OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED ALL DEFECTS AND CONDITIONS THAT MAY OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIMMAY NOT EXIST, INCLUDING BUT NOT LIMITED TOSUCH DEFECTS AND CONDITIONS, BREACH OF CONTRACTIF ANY, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, THAT CANNOT BE OBSERVED BY CASUAL INSPECTION. SELLER AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.BUYER ACKNOWLEDGE THAT THIS DISCLAIMER HAS BEEN SPECIFICALLY NEGOTIATED. Buyer: Date:

Disclaimer of Warranties. SUBJECT THE APPLICATION IS PROVIDED TO SECTIONS 9.2 YOU “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND 9.3WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE WARRANTY SET FORTH IN SECTION 8.1 COMPANY, ON ITS OWN BEHALF AND THE OBLIGATIONS ON BEHALF OF ITS AFFILIATES AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE ITS AND IN LIEU OFTHEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES EXPRESSLY DISCLAIMS ALL OTHER REMEDIES, WARRANTIES, GUARANTEESWHETHER EXPRESS, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)STATUTORY, OR OTHERWISE, INCLUDINGWITH RESPECT TO THE APPLICATION, WITHOUT LIMITATIONINCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY SUITABILITY, USAGE, WORKMANSHIP, QUALITY, OR ARISING FROM TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, DEALINGUSAGE, USAGE OR TRADE PRACTICE; (B) . WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCTS APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; COMPATIBLE, OR (C) WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER ERRORS OR DEFECTS CAN OR WILL BE UNINTERRUPTED OR ERROR FREECORRECTED. THIS SECTION AND ADDITIONALLY, THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE COMPANY DISCLAIMS ANY WARRANTIES RELATING TO THE ACCURACY OF THE NATURE OF MAPS, CONTENT, MOUNTAIN CONDITIONS, OR NAVIGATION ROUTES PRESENTED OR DISPLAYED ON THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR APPLICATION. SUCH ERRORS AND OMISSIONS ARE INHERENT TO ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES SERVICE THAT OPERATES ON SUBMITTED AND/OR FAILURE PROVIDED INFORMATION. THE INFORMATION PROVIDED ON THE APPLICATION IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED AT THE ACTUAL RESORT, MOUNTAIN, AND/OR SLOPE. IN THE EVENT THAT THE INFORMATION PRESENTED AT THE RESORT, MOUNTAIN, AND/OR SLOPE DIFFERS FROM THE INFORMATION PROVIDED ON THE APPLICATION, YOU MUST NOT RELY ON THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 8.1 AND 3.1, NONE OF THE OBLIGATIONS AND LIABILITIES MERGED COMPANIES OR ANY OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFTHEIR RESPECTIVE DIRECTORS, AND CUSTOMER HEREBY WAIVESOFFICERS, RELEASES AND RENOUNCES ALL OTHER REMEDIESSECURITYHOLDERS, WARRANTIESAFFILIATES, GUARANTEESMANAGERS, OBLIGATIONSMEMBERS, REPRESENTATIONS PARTNERS, EMPLOYEES, CONSULTANTS, AGENTS, COUNSEL OR LIABILITIESADVISORS MAKES OR HAS MADE ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER, ORAL OR WRITTEN, EXPRESS OR IMPLIED, TO PARENT OR ANY OF SUPPLIER WITH RESPECT TO EACH PRODUCT ITS AFFILIATES OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER FINANCING SOURCES. ANY REPRESENTATIONS AND WARRANTIES NOT SPECIFICALLY SET FORTH IN THIS AGREEMENTSECTION 3.1, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT EXPRESS OR IMPLIED (INCLUDING FUNDAMENTAL BREACH)ANY IMPLIED OR EXPRESS WARRANTY MERCHANTABILITY, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSES OR NON-INFRINGEMENT), SATISFACTORY QUALITYARE DISCLAIMED BY THE COMPANY. FOR AVOIDANCE OF DOUBT AND WITHOUT LIMITING THE FOREGOING, NO REPRESENTATION OR WARRANTY IS MADE WITH RESPECT TO ANY FINANCIAL PROJECTIONS, THE CONFIDENTIAL INFORMATION MEMORANDUM DELIVERED TO PARENT OR ANY OF ITS AFFILIATES OR FINANCING SOURCES, ANY “MANAGEMENT PRESENTATIONS” OR ACCOMPANYING MATERIALS, OR ARISING FROM COURSE OF PERFORMANCEANY “DATA ROOM” OR “VIRTUAL DATA ROOM”. FURTHER, DEALINGNOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, USAGE THE COMPANY MAKES NO REPRESENTATIONS OR TRADE PRACTICE; WARRANTIES REGARDING THE EXCLUDED ADR RECEIVABLES (B) THAT INCLUDING THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; AMOUNT OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION COLLECTABILITY THEREOF), AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, PARENT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINMERGER SUB ARE ACQUIRING SUCH EXCLUDED ADR RECEIVABLES ON AN “AS-IS” BASIS.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 YOU ACKNOWLEDGE AND 9.3, AGREE THAT THE WARRANTY SET FORTH IN SECTION 8.1 PLATFORM IS PROVIDED ON AN “AS IS” AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF“AS AVAILABLE” BASIS, AND CUSTOMER THAT YOUR USE OF OR RELIANCE UPON THE PLATFORM AND ANY THIRD PARTY PROPERTIES AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. EASTERN NATIONAL AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS HEREBY WAIVES, RELEASES DISCLAIM ANY AND RENOUNCES ALL OTHER REMEDIESREPRESENTATIONS, WARRANTIES, GUARANTEESAND GUARANTIES REGARDING THE PLATFORM AND THIRD PARTY PROPERTIES AND SERVICES, OBLIGATIONSWHETHER EXPRESS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOFSTATUTORY, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND INCLUDING, WITHOUT LIMITATION, ANY WARRANTYTHE IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYAND NON- INFRINGEMENT. EASTERN NATIONAL AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE PLATFORM OR THIRD PARTY PROPERTIES AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE PLATFORM OR THIRD PARTY PROPERTIES AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICEERROR-FREE; (BIII) THAT THE PRODUCTS QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIESAS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (CIV) THAT ANY ERRORS IN THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER PLATFORM OR THIRD PARTY PROPERTIES AND SERVICES WILL BE UNINTERRUPTED CORRECTED. NO ADVICE OR ERROR FREEINFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EASTERN NATIONAL OR FROM THE PLATFORM SHALL CREATE ANY REPRESENTATION, WARRANTY, OR GUARANTY. THIS SECTION AND FURTHERMORE, YOU ACKNOWLEDGE THAT EASTERN NATIONAL SHALL HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE LIMITATIONS SET FORTH HEREINPLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SHALL APPLY IRRESPECTIVE SO SOME OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT ABOVE EXCLUSIONS MAY NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINAPPLY TO YOU.

Disclaimer of Warranties. SUBJECT (a) EXCEPT TO SECTIONS 9.2 AND 9.3THE EXTENT PROVIDED IN THIS AGREEMENT, THE WARRANTY SET FORTH IN SECTION 8.1 PARTIES ACKNOWLEDGE AND AGREE THAT NONE OF THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFPARTIES HAS MADE, DOES NOT MAKE, AND CUSTOMER HEREBY WAIVESEACH SUCH PARTY SPECIFICALLY NEGATES AND DISCLAIMS, RELEASES AND RENOUNCES ALL OTHER REMEDIESANY REPRESENTATIONS, WARRANTIES, GUARANTEESPROMISES, OBLIGATIONSCOVENANTS, REPRESENTATIONS AGREEMENTS OR LIABILITIES, EXPRESS GUARANTIES OF ANY KIND OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTCHARACTER WHATSOEVER, WHETHER ARISING IN FACTEXPRESS, IN LAWIMPLIED OR STATUTORY, IN CONTRACT ORAL OR WRITTEN, PAST OR PRESENT, REGARDING (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE ASSETS, INCLUDING THE WATER, SOIL, GEOLOGY OR ENVIRONMENTAL CONDITION OF THE ASSETS GENERALLY, INCLUDING THE PRESENCE OR LACK OF HAZARDOUS SUBSTANCES OR OTHER MATTERS ON THE ASSETS, (B) THE INCOME TO BE DERIVED FROM THE ASSETS, (C) THE SUITABILITY OF THE ASSETS FOR ANY AND ALL ACTIVITIES AND USES THAT MAY BE CONDUCTED THEREON, (D) THE COMPLIANCE OF OR BY THE ASSETS OR THEIR OPERATION WITH ANY LAWS (INCLUDING FUNDAMENTAL BREACH)ANY ZONING, IN TORT (INCLUDING NEGLIGENCEENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS), OR OTHERWISE(E) THE HABITABILITY, INCLUDINGMERCHANTABILITY, WITHOUT LIMITATIONMARKETABILITY, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF THE ASSETS. EXCEPT TO THE EXTENT PROVIDED IN THIS AGREEMENT, SATISFACTORY QUALITYTHE PARTIES ACKNOWLEDGE AND AGREE THAT EACH HAS HAD THE OPPORTUNITY TO INSPECT THE ASSETS, AND EACH IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE ASSETS AND NOT ON ANY INFORMATION PROVIDED OR ARISING FROM COURSE TO BE PROVIDED BY ANY OF PERFORMANCETHE PARTIES. NONE OF THE PARTIES IS LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, DEALINGREPRESENTATIONS OR INFORMATION PERTAINING TO THE ASSETS FURNISHED BY ANY AGENT, USAGE EMPLOYEE, SERVANT OR TRADE PRACTICE; (B) THIRD PARTY. EACH OF THE PARTIES ACKNOWLEDGES THAT TO THE PRODUCTS BE FREE FROM INFRINGEMENT MAXIMUM EXTENT PERMITTED BY LAW, THE CONTRIBUTION OF RIGHTS THE ASSETS AS PROVIDED FOR HEREIN IS MADE IN AN “AS-IS”, “WHERE-IS” CONDITION WITH ALL FAULTS, AND THE INTERESTS ARE CONTRIBUTED AND CONVEYED SUBJECT TO ALL OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREEMATTERS CONTAINED IN THIS SECTION 3.01(a). THIS SECTION 3.01(a) SHALL SURVIVE SUCH CONTRIBUTION AND CONVEYANCE OR THE LIMITATIONS TERMINATION OF THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 3.01(a) HAVE BEEN NEGOTIATED BY THE PARTIES AFTER DUE CONSIDERATION AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE ASSETS THAT MAY ARISE PURSUANT TO ANY LAW NOW OR HEREAFTER IN EFFECT, OR OTHERWISE, OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3EXCEPT AS OTHERWISE EXPRESSLY WARRANTED IN THE DOCUMENTATION ACCOMPANYING THE DEVICE, THE DEVICE AND SYSTEM ARE PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY SET FORTH IN SECTION 8.1 OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND THE OBLIGATIONS ON BEHALF OF ITS AFFILIATES AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE ITS AND IN LIEU OFTHEIR RESPECTIVE LICENSORS, VENDORS AND CUSTOMER HEREBY WAIVESSERVICE PROVIDERS, RELEASES AND RENOUNCES EXPRESSLY DISCLAIMS ALL OTHER REMEDIES, WARRANTIES, GUARANTEESWHETHER EXPRESS, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)STATUTORY, OR OTHERWISE, INCLUDINGWITH RESPECT TO THE DEVICE AND SYSTEM, WITHOUT LIMITATIONINCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYTITLE, OR ARISING FROM AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, DEALINGUSAGE, USAGE OR TRADE PRACTICE; (B) . WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCTS DEVICE OR SYSTEM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE FREE FROM INFRINGEMENT COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, DEVICES, SYSTEMS, VEHCILES OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF THIRD PARTIES; A CONSUMER, SO SOME OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE ALL OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINAPPLY TO YOU.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 ANY APPLICABLE “COUNTRY SPECIFIC TERMS” SET OUT BELOW TABLE 1 IN THIS CONTRACT FOR CUSTOMER’S CONTRACT JURISDICTION AND 9.3TO THE EXTENT PERMITTED BY APPLICABLE LAW: THE ADDITIONAL FEATURES AND TELEMATIC SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF JOHN DEERE OR ANY OF ITS AFFILIATES, OR ANY OF THEIR AFFILIATES HAS MADE, OR WILL BE DEEMED TO HAVE MADE, ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO JOHN DEERE’S SYSTEMS OR THE WARRANTY SET FORTH IN SECTION 8.1 ADDITIONAL FEATURES. EACH OF XXXX DEERE AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFITS AFFILIATES EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER WARRANTIES ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, DEALING, COURSE OF DEALING OR USAGE OR TRADE PRACTICEOF TRADE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT ANY WARRANTIES AS TO THE OPERATION ACCURACY, AVAILABILITY OR CONTENT OF XXXX DEERE’S SYSTEM, THE ADDITIONAL FEATURES OR ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OTHER SERVICES PROVIDED BY JOHN DEERE OR ERROR FREE. THIS SECTION ANY OF ITS AFFILIATES; (D) ANY WARRANTY OF NON-INFRINGEMENT; AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE (E) ANY WARRANTY UNDER ANY THEORY OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIMLAW, INCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACTSTATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, NEGLIGENCE, TORT THAT IS NOT CONTAINED IN THIS CONTRACT WILL BE DEEMED TO BE A WARRANTY BY JOHN DEERE OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINITS AFFILIATES.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3THE PLATFORM, THE INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OR CONDITION OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFANY KIND, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EITHER EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, ANY WARRANTYWARRANTIES OR CONDITIONS OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, . NWC DOES NOT REPRESENT OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) WARRANT THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER PLATFORM USE WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION NWC DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. LIMITATION OF LIABILITY USER ASSUMES ALL RESPONSIBILITY AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE RISK FOR USE OF THE NATURE PLATFORM INCLUDING WITHOUT LIMITATION ANY OF THE CAUSE CONTENT OR INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL NWC OR ANY OF ACTIONITS DIRECTORS, DEMAND OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR CLAIMAGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TODAMAGES FOR LOSS OF PROFITS, BREACH INTERRUPTION, LOSS OF CONTRACTBUSINESS INFORMATION, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORYPECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, AND SHALL SURVIVE A FUNDAMENTAL BREACH LOSS, DAMAGE, ACTION, SUIT OR BREACHES AND/OTHER PROCEEDING ARISING UNDER OR FAILURE OUT OF THIS MEMBERSHIP AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE ESSENTIAL PURPOSE PLATFORM, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF NWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN ANY EVENT, NWC’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS MEMBERSHIP AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY REMEDY CONTAINED HEREINOR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO CURRENT ANNUAL FEES PAID IN THE CURRENT MEMBERSHIP YEAR IN US DOLLARS. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IN SUCH JURISDICTIONS, THE LIABILITY OF NWC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Applicable law This Membership Agreement will be governed under the laws of the State of Texas and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles). USER hereby irrevocably submits to the exclusive jurisdiction of the Texas Courts in the United States of America with respect to the subject matter of this Membership Agreement. This Membership Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. USER consents to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by USER at the time USER is first granted access to the membership portions of the platform, or such other address as USER may advise us in writing to use, from time to time. If NWC is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, USER agrees to reimburse NWC for its legal fees, costs and disbursements if NWC is successful.

Disclaimer of Warranties. SUBJECT EXCEPT TO SECTIONS 9.2 AND 9.3THE EXTENT PROVIDED IN THIS AGREEMENT, THE WARRANTY SET FORTH IN SECTION 8.1 PARTIES ACKNOWLEDGE AND AGREE THAT NONE OF THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFPARTIES HAS MADE, DOES NOT MAKE, AND CUSTOMER HEREBY WAIVESEACH SUCH PARTY SPECIFICALLY NEGATES AND DISCLAIMS, RELEASES AND RENOUNCES ALL OTHER REMEDIESANY REPRESENTATIONS, WARRANTIES, GUARANTEESPROMISES, OBLIGATIONSCOVENANTS, REPRESENTATIONS AGREEMENTS OR LIABILITIES, EXPRESS GUARANTIES OF ANY KIND OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTCHARACTER WHATSOEVER, WHETHER ARISING IN FACTEXPRESS, IN LAWIMPLIED OR STATUTORY, IN CONTRACT ORAL OR WRITTEN, PAST OR PRESENT, REGARDING (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE ASSETS OWNED BY PEPL OR ETP AND THEIR RESPECTIVE SUBSIDIARIES, INCLUDING THE ENVIRONMENTAL CONDITION OF THE ASSETS GENERALLY, INCLUDING THE PRESENCE OR LACK OF HAZARDOUS SUBSTANCES OR OTHER MATTERS ON SUCH ASSETS, (B) THE INCOME TO BE DERIVED FROM SUCH ASSETS, (C) THE SUITABILITY OF SUCH ASSETS FOR ANY AND ALL ACTIVITIES AND USES THAT MAY BE CONDUCTED THEREON OR THEREWITH, (D) THE COMPLIANCE OF OR BY SUCH ASSETS OR THEIR OPERATION WITH ANY LAWS (INCLUDING FUNDAMENTAL BREACH)ANY ZONING, IN TORT (INCLUDING NEGLIGENCEENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS), OR OTHERWISE(E) THE HABITABILITY, INCLUDINGMERCHANTABILITY, WITHOUT LIMITATIONMARKETABILITY, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF SUCH ASSETS. ETP ACKNOWLEDGES AND AGREES THAT IT HAS HAD THE OPPORTUNITY TO INSPECT THE ASSETS OF TRUNKLINE AND ITS SUBSIDIARIES, SATISFACTORY QUALITYAND IT IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE ASSETS OF TRUNKLINE AND ITS SUBSIDIARIES AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY PEPL. PEPL ACKNOWLEDGES AND AGREES THAT IT HAS HAD THE OPPORTUNITY TO INSPECT THE ASSETS OF ETP AND ITS SUBSIDIARIES, AND IT IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE ASSETS OF ETP AND ITS SUBSIDIARIES AND NOT ON ANY INFORMATION PROVIDED OR ARISING FROM COURSE TO BE PROVIDED BY ETP. NONE OF PERFORMANCETHE PARTIES IS LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, DEALINGREPRESENTATIONS OR INFORMATION PERTAINING TO THE ASSETS OF TRUNKLINE OR ETP OR THEIR RESPECTIVE SUBSIDIARIES FURNISHED BY ANY AGENT, USAGE EMPLOYEE, SERVANT OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREEPARTY. THIS SECTION SHALL SURVIVE THE TRANSFER OF THE TRUNKLINE INTEREST OR THE TERMINATION OF THIS AGREEMENT. THE PROVISIONS OF THIS SECTION HAVE BEEN NEGOTIATED BY THE PARTIES AFTER DUE CONSIDERATION AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE LIMITATIONS ASSETS OF TRUNKLINE OR ETP AND THEIR RESPECTIVE SUBSIDIARIES THAT MAY ARISE PURSUANT TO ANY LAW NOW OR HEREAFTER IN EFFECT, OR OTHERWISE, EXCEPT AS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREININ THIS AGREEMENT.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, EXCEPT FOR THE WARRANTY SET FORTH EXPRESS WARRANTIES IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACTTHE SERVICE AND PROVIDER MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PROVIDER, IN LAWPROVIDER'S AFFILIATES, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH)AND THEIR RESPECTIVE THIRD PARTY SERVICE PROVIDERS, IN TORT (INCLUDING NEGLIGENCE)LICENSORS, OR OTHERWISESUPPLIERS (COLLECTIVELY, INCLUDING"SUPPLIERS") HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY SUBJECT MATTER HEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTYTHE WARRANTIES OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYTITLE AND NON-INFRINGEMENT, OR AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCEDEALING OR USAGE IN TRADE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS SERVICE, PROVIDER MATERIALS OR OTHER WORK PRODUCT WILL BE SECURE, UNINTERRUPTED, ERROR-FREE FROM INFRINGEMENT OR SUITABLE FOR THE PARTICULAR NEEDS OF RIGHTS CUSTOMER OR ANY AUTHORIZED USER OR THIRD PARTY. WITHOUT LIMITING THE FOREGOING, PROVIDER, PROVIDER'S AFFILIATES, AND THEIR SUPPLIERS MAKE NO WARRANTY OF THIRD PARTIES; OR (C) ANY KIND THAT THE OPERATION SERVICE, PROVIDER MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR OTHER PERSONS' REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY SOFTWARE DELIVERED HEREUNDER INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES, OR BE DEFECT OR ERROR FREE OR THAT DEFECTS WILL BE UNINTERRUPTED CORRECTED. NO EMPLOYEE OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE AGENT OF PROVIDER IS AUTHORIZED TO MAKE ANY STATEMENT THAT ADDS TO OR AMENDS ANY OF THE NATURE OF THE CAUSE OF ACTION, DEMAND WARRANTIES OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY LIMITATIONS CONTAINED HEREININ THIS AGREEMENT.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 8.1 7, (I) THE SOFTWARE, SOFTWARE SUPPORT AND THE OBLIGATIONS SUPPLEMENTAL SUPPORT ARE PROVIDED TO LICENSEE ON AN “AS IS” BASIS, WITH ANY AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFALL FAULTS, AND CUSTOMER HEREBY WAIVESWITHOUT ANY WARRANTY OF ANY KIND; AND (II) KOBAI EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, RELEASES WARRANTIES AND RENOUNCES ALL OTHER REMEDIESCONDITIONS WHETHER EXPRESS, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)STATUTORY, OR OTHERWISE, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY WARRANTYTHE IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE AND NON-INFRINGEMENT OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THIRD PARTY RIGHTS. KOBAI DOES NOT WARRANT THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; SOFTWARE OR (C) SUPPORT WILL MEET LICENSEE’S REQUIREMENTS, OR THAT THE OPERATION OF ANY THE SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. THIS SECTION AND NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXX OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES EXCLUSION AND/OR FAILURE LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ESSENTIAL PURPOSE OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE. IN SUCH EVENT, XXXXX’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINSOFTWARE AND SUPPORT WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 THE BROADBAND INTERNET SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE TOWN OF ISLESBORO NOR IMB, ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS WARRANT THAT THE EQUIPMENT OR SERVICES WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, BE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. NEITHER THE TOWN OF ISLESBORO NOR IMB, ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM. ALL REPRESENTATIONS AND 9.3, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES WARRANTIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIESANY KIND, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTYWARRANTIES OF TITLE, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYMERCHANTABILITY, OR ACCURACY, NON- INTERFERENCE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF PERFORMANCEDEALING OR COURSE OF TRADE, DEALINGARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE REQUIRED BY THE APPLICABLE LAW. NO ADVICE OR INFORMATION GIVEN BY IMB OR ITS AFFILIATES, USAGE SUPPLIERS, EMPLOYEES, AGENTS, OR TRADE PRACTICE; (B) THAT CONTRACTORS WILL VARY THE PRODUCTS BE FREE FROM INFRINGEMENT TERMS OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE 9 OR CREATE ANY FORM OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINWARRANTY.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 PURCHASER ACKNOWLEDGES AND 9.3AGREES THAT, THE WARRANTY EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN SECTION 8.1 AND THIS AGREEMENT, NEITHER SELLER, OPERATING TENANT, MANAGER OR ANY OF THEIR AFFILIATES, NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECT OR INDIRECT OWNERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER FOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO BE EXCLUSIVE AND IN LIEU OFTHE HOTEL OR THE BUSINESS, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS WRITTEN OR LIABILITIESORAL, EXPRESS OR IMPLIED, ARISING BY OPERATION OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY OR ANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR ARISING FROM COURSE OPERATION OF PERFORMANCETHE HOTEL, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; PAST, PRESENT OR FUTURE REVENUES OR EXPENSES WITH RESPECT TO THE HOTEL OR THE BUSINESS, (C) THAT THE OPERATION COMPLIANCE OF THE HOTEL OR THE BUSINESS WITH ANY ZONING REQUIREMENTS, BUILDING CODES OR OTHER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT OF 1990, (D) THE ACCURACY OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED ENVIRONMENTAL REPORTS OR ERROR FREE. THIS SECTION AND THE LIMITATIONS OTHER DATA OR INFORMATION SET FORTH HEREININ THE DELIVERED INFORMATION PROVIDED TO PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF SELLER, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR (E) ANY OTHER LEGAL THEORYMATTER RELATING TO SELLER, AND SHALL SURVIVE A FUNDAMENTAL BREACH THE HOTEL OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINBUSINESS.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 THE EXPRESS REPRESENTATIONS AND 9.3, THE WARRANTY SET FORTH WARRANTIES OF SELLER CONTAINED IN SECTION 8.1 4 (OR IN THE ASSIGNMENT AND THE OBLIGATIONS AND LIABILITIES BILL OF SUPPLIER THEREUNDER SALE EXECUTED PURSXXXX TO THIS AGREEMENT) ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND ARE IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES OF ALL OTHER REMEDIES, REPRESENTATIONS AND WARRANTIES, GUARANTEESEXPRESS, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)STATUTORY, OR OTHERWISE, INCLUDINGEXCEPT FOR A SPECIAL WARRANTY OF TITLE AS HEREINAFTER DESCRIBED, AND SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITATIONLIMITATION OF THE FOREGOING, THE PROPERTIES SHALL BE CONVEYED PURSUANT HERETO WITHOUT ANY WARRANTYWARRANTY OR REPRESENTATION, CONDITION WHETHER EXPRESS, IMPLIED, STATUTORY, OR REPRESENTATION (A) OF MERCHANTABILITY OR OTHERWISE RELATING TO THE CONDITION, QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYCONFORMITY TO THE MODELS OR SAMPLES OF MATERILALS, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION MERCHANTABILITY OF ANY SOFTWARE DELIVERED HEREUNDER WILL EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE, AND, EXCEPT AS PROVIDED OTHERWISE IN THE FIRST SENTENCE OF THIS PARAGRAPH, WITHOUT ANY OTHER EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. BUYER SHALL HAVE INSPECTED, OR WAIVED (AND UPON CLOSING SHALL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT, THE PROPERTIES FOR ALL PURPOSES AND THE LIMITATIONS SET FORTH HEREINSATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTIONBOTH SURFACE AND SUBSURFACE, DEMAND OR CLAIMINCLUDING, INCLUDING BUT NOT LIMITED TO, BREACH CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE, OR DISPOSAL OF CONTRACTHAZARDOUS SUBSTANCES, NEGLIGENCESOLID WASTES, TORT ASBESTOS OR OTHER MANMADE FIBERS OR NATURALLY OCCURRING RADIOACTIVE MATERIALS ("NORM") IN, ON, OR UNDER THE PROPERTIES. BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE PROPERTIES, AND BUYER SHALL, EXCEPT AS PROVIDED OTHERWISE HEREIN, ACCEPT ALL OF THE SAME "AS IS, WHERE IS" WITHOUT LIMITATION OF THE FOREGOING, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AS TO THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION, OR MATERIALS NOW, HERETOFORE, OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, PRICING ASSUMPTIONS OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTIES OR THE ABILITY OR POTENTIAL OF THE PROPERTIES TO PRODUCE HYDROCARBONS OR THE ENVIRONMENTAL CONDITION OF THE PROPERTIES OR ANY OTHER LEGAL THEORYMATTERS CONTAINED IN THE PROPRIETARY DATA OR ANY OTHER MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER OR BY SELLER'S AGENTS OR REPRESENTATIVES. ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION, AND OTHER MATERIALS (WRITTEN OR ORAL) FURNISHED BY SELLER OR OTHERWISE MADE AVAILABLE OR DISCLOSED TO BUYER ARE PROVIDED TO BUYER AS A CONVENIENCE AND SHALL SURVIVE A FUNDAMENTAL BREACH NOT CREATE OR BREACHES AND/GIVE RISE TO ANY LIABILITY OF OR FAILURE AGAINST SELLER, AND ANY RELIANCE ON OR USE OF THE ESSENTIAL PURPOSE SAME SHALL BE AT BUYER'S SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE EXTENT OF SELLER'S INTEREST IN THE AGREEMENT PROPERTIES AS SHOWN ON EXHIBIT B, SELLER WARRANTS TITLE BY, THROUGH AND UNDER SELLER, BUT NOT OTHERWISE, IT BEING EXPRESSLY UNDERSTOOD THAT THE TERM "SELLER" AS USED IN THIS SPECIAL WARRANTY PROVISION REFERS TO ENSERCH EXPLORATION, INC. AND NOT TO ITS PREDECESSORS IN TITLE INCLUDING, BUT NOT LIMITED TO, DALEN CORPORATION, DALEN RESOURCES OIL & GAS CO., PG&E RESOURCES COMPANY, PG&E ENTERPRISES AND EACH OF THEIR PREDECESSORS. THIS SPECIAL WARRANTY SHALL NOT COVER OR PERTAIN TO TITLE AS IT MAY BE AFFECTED BY THAT CERTAIN ASSIGNMENT OF ANY REMEDY CONTAINED HEREIN.OIL AND GAS LEASES WITH RESERVATION OF PRODUCTION PAYMENT, DATED EFFECTIVE AUGUST 1, 1995, BETWEEN SELLER AND TGAS INVESTMENTS L.L.C.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3AI21 MODELS, MODEL OUTPUT, THE WARRANTY SET FORTH IN SECTION 8.1 PROFESSIONAL AND SUPPORT SERVICES, AS WELL AS ANY OTHER GOODS AND SERVICES PROVIDED OR MADE AVAILABLE BY OR ON BEHALF OF THE OBLIGATIONS COMPANY HEREUNDER (COLLECTIVELY, THE "COMPANY MATERIALS") ARE PROVIDED AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE MADE AVAILABLE ON AN "AS IS" AND IN LIEU OF"AS AVAILABLE" BASIS, WITH ALL DEFECTS, AND CUSTOMER HEREBY WAIVESALL EXPRESS, RELEASES IMPLIED AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT STATUTORY CONDITIONS AND WARRANTIES (INCLUDING FUNDAMENTAL BREACH)WITHOUT LIMITATION ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, IN TORT (INCLUDING NEGLIGENCE)SATISFACTORY QUALITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYTITLE, QUIET POSSESSION, NON-INFRINGEMENT, OR ARISING QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCEPERFORMANCE OR USAGE OF TRADE) ARE HEREBY DISCLAIMED BY COMPANY AND ITS LICENSORS. COMPANY DOES NOT MAKE ANY REPRESENTATION, DEALINGWARRANTY, USAGE GUARANTEE OR TRADE PRACTICECONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, TIMELINESS, COMPLETENESS, OR QUALITY OF COMPANY MATERIALS; (B) THAT THE PRODUCTS CUSTOMER'S USE OF COMPANY MATERIALS WILL BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIESUNINTERRUPTED, SECURE OR ERROR-FREE; OR (C) THAT REGARDING THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED CELLULAR NETWORKS, THE PASSING OR ERROR FREE. THIS SECTION AND TRANSMISSION OF DATA VIA ANY NETWORKS OR THE LIMITATIONS SET FORTH HEREINCLOUD, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORYCELLULAR OR DATA CONNECTIVITY PROBLEMS; (D) REGARDING THE SATISFACTION OF, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/COMPLIANCE WITH, ANY LAWS, OR FAILURE OTHER GOVERNMENT OR INDUSTRY RULES OR STANDARDS; OR (E) REGARDING THE INTER- OPERABILITY OF YOUR CUSTOMER APPLICATION WITH AI21 MODELS. COMPANY WILL NOT BE LIABLE OR OBLIGATED IN RESPECT OF DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT INTERNET AND ELECTRONIC COMMUNICATIONS OR OF ANY REMEDY CONTAINED HEREINFOR ISSUES RELATED TO THIRD PARTY PLATFORMS, THIRD PARTY PLATFORM PROVIDERS, CLOUD HOSTING PROVIDERS, OR PUBLIC NETWORKS.

Disclaimer of Warranties. SUBJECT LICENSEE AGREES TO SECTIONS 9.2 ACCEPT THE PREMISES ON AN “AS IS” BASIS AND 9.3ACKNOWLEDGES THAT, THE WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8.1 ARTICLE 2 OF THIS AGREEMENT, LICENSOR HAS MADE NO WARRANTY HEREIN, EXPRESS OR IMPLIED, AS TO THE MAINTENANCE OR REPAIR OF THE PREMISES, THE COMMON AREAS, THE CO‑LOCATED EQUIPMENT AREAS, THE LICENSEE EQUIPMENT AREAS, THE BUILDING OR THE PROPERTY NOR HAS IT MADE ANY PROMISE TO ALTER, REMODEL OR IMPROVE THE PREMISES, THE COMMON AREAS, THE CO‑LOCATED EQUIPMENT AREAS, THE LICENSEE EQUIPMENT AREAS, THE BUILDING OR THE PROPERTY. EXCEPT AS OTHERWISE PROVIDED IN THE SEPARATION AND MERGER AGREEMENTS, LICENSOR HEREBY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE OBLIGATIONS AND LIABILITIES NATURE, CONDITION OR QUALITY OF SUPPLIER THEREUNDER ARE ACCEPTED THE PREMISES OR THE RESULTS THAT WILL BE OBTAINED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFUSING THE PREMISES, AND CUSTOMER HEREBY WAIVESTHE COMMON AREAS, RELEASES AND RENOUNCES ALL OTHER REMEDIESTHE CO‑LOCATED EQUIPMENT AREAS, WARRANTIESTHE LICENSEE EQUIPMENT AREAS, GUARANTEESTHE BUILDING OR THE PROPERTY. LICENSEE EXPRESSLY AFFIRMS THAT, OBLIGATIONS, EXCEPT FOR ANY REPRESENTATIONS OR LIABILITIESWARRANTIES EXPRESSLY SET FORTH IN THE SEPARATION AND MERGER AGREEMENTS, IT IS NOT RELYING ON ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT LICENSOR OR ITS AFFILIATES IN ENTERING INTO THIS AGREEMENT AND ACKNOWLEDGES AND AGREES TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING THE DISCLAIMERS IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN5.2.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8.1 17(A) OF THIS AGREEMENT OR IN THE CLOSING DOCUMENTS, SELLER DOES NOT, BY THE EXECUTION AND THE OBLIGATIONS AND LIABILITIES DELIVERY OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFTHIS AGREEMENT, AND CUSTOMER HEREBY WAIVESSELLER SHALL NOT, RELEASES BY THE EXECUTION AND RENOUNCES ALL OTHER REMEDIESDELIVERY OF ANY DOCUMENT OR INSTRUMENT EXECUTED AND DELIVERED IN CONNECTION WITH CLOSING, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS MAKE ANY REPRESENTATION OR LIABILITIESWARRANTY, EXPRESS OR IMPLIED, OF SUPPLIER ANY KIND OR NATURE WHATSOEVER, WITH RESPECT TO EACH PRODUCT THE PROPERTY, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH IN SECTION 17(A) OF THIS AGREEMENT OR PART THEREOFIN THE CLOSING DOCUMENTS, PRODUCT DOCUMENTATION SELLER MAKES, AND SHALL MAKE, NO EXPRESS OR SERVICE IMPLIED WARRANTY AS TO MATTERS OF TITLE (OTHER THAN SELLER’S LIMITED WARRANTY OF TITLE SET FORTH IN THE LIMITED WARRANTY DEED TO BE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACHAT CLOSING), IN TORT ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION (INCLUDING NEGLIGENCEINCLUDING, WITHOUT LIMITATION, LAWS, RULES, REGULATIONS, ORDERS AND REQUIREMENTS PERTAINING TO THE USE, HANDLING, GENERATION, TREATMENT, STORAGE OR DISPOSAL OF ANY TOXIC OR HAZARDOUS WASTE OR TOXIC, HAZARDOUS OR REGULATED SUBSTANCE), VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR OTHERWISEANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY, (COLLECTIVELY, THE “DISCLAIMED MATTERS”). BUYER AGREES THAT, WITH RESPECT TO THE PROPERTY, BUYER HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF SELLER (EXCEPT AS EXPRESSLY SET FORTH IN SECTION 17(A) OF THIS AGREEMENT OR IN THE CLOSING DOCUMENTS), BUYER WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY (INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITION THEREOF) AND RELY UPON SAME AND, UPON CLOSING, SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMED MATTERS, MAY NOT HAVE BEEN REVEALED BY BUYER’S INSPECTIONS AND INVESTIGATIONS. SUCH INSPECTIONS AND INVESTIGATIONS OF BUYER SHALL BE DEEMED TO INCLUDE AN ENVIRONMENTAL AUDIT OF THE PROPERTY, AN INSPECTION OF THE PHYSICAL COMPONENTS AND GENERAL CONDITION OF ALL PORTIONS OF THE PROPERTY, SUCH STATE OF FACTS AS AN ACCURATE SURVEY AND INSPECTION OF THE PROPERTY WOULD SHOW, PRESENT AND FUTURE ZONING AND LAND USE ORDINANCES, RESOLUTIONS AND REGULATIONS OF THE CITY, COUNTY AND STATE WHERE THE PROPERTY IS LOCATED AND THE VALUE AND MARKETABILITY OF THE PROPERTY. SELLER SHALL SELL AND CONVEY TO BUYER, AND BUYER SHALL ACCEPT, THE PROPERTY “AS IS”, “WHERE IS”, AND WITH ALL FAULTS, AND THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY SELLER OR ANY THIRD PARTY. WITHOUT IN ANY WAY LIMITING ANY PROVISION OF THIS SECTION 14, EXCEPT AS EXPRESSLY SET FORTH IN SECTION 17(A) OF THIS AGREEMENT (WHICH ARE SUBJECT TO THE SURVIVAL PERIOD AND THE CAP), BUYER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT IT HEREBY WAIVES, RELEASES AND DISCHARGES ANY CLAIM IT HAS, MIGHT HAVE HAD OR MAY HAVE AGAINST SELLER WITH RESPECT TO (i) THE DISCLAIMED MATTERS, (ii) THE CONDITION OF THE PROPERTY, EITHER PATENT OR LATENT, (iii) THE PAST, PRESENT OR FUTURE CONDITION OR COMPLIANCE OF THE PROPERTY WITH REGARD TO ANY ENVIRONMENTAL PROTECTION, POLLUTION CONTROL OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, CERCLA, AND (iv) ANY WARRANTY, CONDITION OR REPRESENTATION (A) OTHER STATE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE FACTS THAT EXISTS WITH RESPECT TO THE PROPERTY. THE TERMS AND CONDITIONS OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION 14 SHALL EXPRESSLY SURVIVE THE CONSUMMATION OF THE PURCHASE AND SALE OF THE PROPERTY, THE DELIVERY OF THE DEED AND THE PAYMENT OF THE PURCHASE PRICE, WITHOUT REGARD TO ANY LIMITATIONS UPON SURVIVAL SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREININ THIS AGREEMENT.

Disclaimer of Warranties. SUBJECT THIS SOFTWARE IS PROVIDED BY STAFFINGNATION AND ANY OF OUR LICENSORS AND/OR OUR THIRD-PARTY SERVICE PROVIDERS “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OR RELIANCE UPON THE SOFTWARE, ANY THIRD-PARTY CONTENT, AND/OR SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. THIS SOFTWARE IS BEING PROVIDED WITHOUT SUPPORT OR WARRANIES OF ANY KIND. STAFFINGNATION EXPRESSLY DISCLAIMS TO SECTIONS 9.2 AND 9.3THE FULLEST EXTENT PERMITTED BY LAW, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFALL EXPRESS, IMPLIED, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, STATUTORY WARRANTIES, GUARANTEESINCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, OBLIGATIONSFITNESS FOR A PARTICULAR PURPOSE, REPRESENTATIONS AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FURTHERMORE, STAFFINGNATION AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SOFTWARE OR LIABILITIESTHIRD-PARTY CONTENT, EXPRESS QUALITY, AND SERVICES WILL MEET YOUR REQUIREMENTS AND/OR IMPLIEDEXPECTATIONS; (II) THE SOFTWARE, OF SUPPLIER WITH RESPECT TO EACH PRODUCT CONTENT, OR PART THEREOFSERVICES WILL BE UNINTERUPTED, PRODUCT DOCUMENTATION ACCURATE, RELIABLE, TIMELY, SECURE OR SERVICE DELIVERED ERROR-FREE; (III) ANY ERRORS IN THE SOFTWARE OR PROVIDED THIRD-PARTY CONTENT WILL BE CORRECTED. Limitation on Liability UNDER THIS AGREEMENTNO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER BASED IN EQUITY, WHETHER ARISING IN FACTCONTRACT, IN LAWNEGLIGENCE, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH)OR OTHER TORT ACTION, IN TORT (INCLUDING NEGLIGENCE)STRICT LIABILITY, WARRANTY, OR OTHERWISE) SHALL STAFFINGNATION, OUR LICENSORS, OR OUR THIRD- PARTY SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERUPTION COSTS, OR EXEMPLARY AND/OR PUNITIVE DAMAGES ARISING OUT OF A USER’S ACCESS, USE, MISUSE, RELIANCE ON, PERFORMANCE Or MISPERFORMANCE, INTERRUPTION, SUSPENSION, TERMINATION OR INABILITY TO ACCESS THE SOFTWARE. SUCH LIMITATION SHALL APPLY REGARDLESS OF WHETHER OR NOT THE DAMAGES WERE FORESEABLE OR WHETHER OR NOT STAFFINGNATION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, SHALL STAFFINGNATION, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUBSIDIARIES BE LIABLE FOR ANY WARRANTYDIRECT, CONDITION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERUPTION COSTS, EXEMPLARY AND/OR REPRESENTATION PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, CAUSED BY, OR RESULTING IN ANY WAY FROM (A1) USE OF MERCHANTABILITY THE SOFTWARE; (2) THE INABILITY TO USE THE SOFTWARE; (3) MODIFICATION OF OR FITNESS REMOVAL OF ANY PART OR CONTENT IN THE SOFTWARE; (4) THE TERMS OF USE; (5) THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, OR SUITABILITY OF ANY CONTENT OR THE SERVICES FOR A ANY PARTICULAR PURPOSE; (6) DEFECTS IN THE CONTENT, SATISFACTORY QUALITYTHE SERVICES, AND/OR SOFTWARE; (7) ERRORS, INACCURACIES, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OMISSIONS IN THE CONTENT OR TRADE PRACTICETHE SERVICE; (B8) DAMAGE FROM ANY SECURITY BREACH OR ANY OTHER SECURITY INTRUSION, OR ANY VIRUS, BUGS, OTHER MALICIOUS SOFTWARE OR HARMFUL COMPONENTS, TAMPERING, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMUPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHINICAL OR OTHER MALFUNCTION; (9) THAT TERMINATION OF YOUR SERVICES OR ACCESS TO THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIESSOFTWARE; AND/OR (C) THAT THE OPERATION 10)THE USE OF ANY THIRD-PARTY WEBSITE REFERENCED OR LINKED FROM STAFFINGNATION. STAFFINGNATION, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, HARDWARE, SOFTWARE DELIVERED HEREUNDER OR OTHER PROPERTY ARISING OUT OF, RELATED TO, CAUSED BY, OR RESULTING FROM ACCESS TO OR USE OF STAFFINGNATION. SOME STATES OR OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, STAFFINGNATION LIABILITY WILL BE UNINTERRUPTED LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NO CLAIM, SUIT, OR ERROR FREE. THIS SECTION AND ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE UNDERLYING CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.

Disclaimer of Warranties. SUBJECT EXCEPT FOR ANY EXPRESSLY STATED WARRANTIES, REPRESENTATIONS AND COVENANTS CONTAINED HEREIN, INCLUDING FUTURE SELLER’S WARRANTY OF TITLE TO SECTIONS 9.2 THE PROPERTY, FUTURE SELLER SHALL SELL THE PROPERTY AND 9.3FUTURE BUYER SHALL PURCHASE THE PROPERTY “AS-IS”, THE WARRANTY SET FORTH IN SECTION 8.1 “WHERE IS” AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFFUTURE SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND CUSTOMER HEREBY WAIVESSHALL HAVE NO LIABILITY, RELEASES AND RENOUNCES ALL OTHER REMEDIESUNLESS OTHERWISE MANDATED FOR BY LAW, WARRANTIESFOR: (1) THE CONDITION OF THE PROPERTY, GUARANTEESOR ANY BUILDING, OBLIGATIONSSTRUCTURE, REPRESENTATIONS OR LIABILITIESIMPROVEMENTS ON THE PROPERTY OR THE SUITABILITY, EXPRESS HABITABILITY, MERCHANTABILITY OR IMPLIEDFITNESS OF THE PROPERTY FOR FUTURE BUYER’S INTENDED USE OR FOR ANY USE WHATSOEVER (2) COMPLIANCE WITH ANY BUILDING, OF SUPPLIER ZONING OR FIRE LAWS OR REGULATIONS OR WITH RESPECT TO EACH PRODUCT THE EXISTANCE OF OR PART THEREOFCOMPLIANCE WITH ANY REQUIRED PERMITS THAT WOULD NOT CAUSE A MATERIAL LIABILITY, PRODUCT DOCUMENTATION IF ANY; (3) THE AVAILABILITY OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTADEQUACY OF ANY WATER, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)SEWER, OR OTHERWISEUTILITY RIGHTS; (4) THE PRESENCE OF ANY HAZARDOUS SUBSTANCES IN ANY IMPROVEMENTS ON THE PROPERTY, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY WARRANTY, CONDITION LIMITATION ASBESTOS OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYUREA FORMALDEHYDE, OR ARISING FROM COURSE THE PRESENCE OF PERFORMANCE, DEALING, USAGE ANY ENVIRONMENTALLY HAZARDOUS WASTES OR TRADE PRACTICEMATERIALS ON OR UNDER THE PROPERTY; (B5) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT PRESENCE OF RIGHTS ANY UNDERGROUND STORAGE TANKS OR ABOVE GROUND STORAGE TANKS ON THE PROPERTY; (6) THE ACCURACY OR COMPLETENESS OF THIRD PARTIESANY PLANS AND SPECIFICATIONS, REPORTS, OR OTHER MATERIALS PROVIDED TO FUTURE BUYER; OR (C7) THAT ANY OTHER MATTER RELATING TO THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE CONDITION OF THE NATURE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE CAUSE OF ACTIONFOREGOING, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND FUTURE SELLER SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE HAVE NO LIABILITY TO FUTURE BUYER WITH RESPECT TO THE CONDITION OF THE ESSENTIAL PURPOSE PROPERTY UNDER ANY LAW OR REGULATION, EXCEPT WHEN SUCH WAIVER IS NOT PERMITED BY APPLICABLE LAW. FUTURE BUYER HEREBY WAIVES ANY AND ALL CLAIMS WHICH FUTURE BUYER HAS OR MAY HAVE AGAINST FUTURE SELLER WITH RESPECT TO THE CONDITION OF THE AGREEMENT OR PROPERTY EXCEPT FOR ITS ENVIRONMENTAL CONDITION AND EXCEPT WHEN SUCH WAIVER IS NOT PERMITED BY APPLICABLE LAW. FUTURE SELLER AND FUTURE BUYER ACKNOWLEDGE THAT THIS DISCLAIMER HAS BEEN SPECIFICALLY NEGOTIATED. FUTURE BUYER AND FUTURE SELLER ACKNOWLEDGE THAT THIS DISCLAMER IS MADE IN ACCORDANCE WITH ARTICLES 6 AND 2041 OF ANY REMEDY CONTAINED HEREINTHE CIVIL CODE IN EFFECT FOR THE STATE OF CHIHUAHUA. The Representations and Warranties given by Future Seller in this Clause shall survive the Closing and the issuance and delivery of the Public Deed transferring title of the Property to Future Buyer.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 YOU ACKNOWLEDGE AND 9.3AGREE THAT THE RPKI SERVICES, INCLUDING THE RESOURCE CERTIFICATION, ARE PROVIDED ON AN “AS-IS” BASIS WITH ALL RISKS AND FAULTS ASSOCIATED THEREWITH. ARIN MAKES NO REPRESENTATION, WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OR COVENANT OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER ANY KIND WITH RESPECT TO EACH PRODUCT THE RESOURCE CERTIFICATION OR THE RPKI SERVICES (OR ANY PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT), WHETHER ARISING IN FACTEXPRESS, IN LAWIMPLIED OR STATUTORY, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH)ANY IMPLIED WARRANTIES OF MERCHANTABILITY, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYSATISFACTION OF REQUIREMENTS, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM OUT OF A COURSE OF PERFORMANCE, DEALING, USAGE TRADE OR TRADE PRACTICE; USAGE. ANY AND ALL REPRESENTATIONS, WARRANTIES AND COVENANTS ARE HEREBY DISCLAIMED BY ARIN AND WAIVED BY YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ARIN DOES NOT REPRESENT, WARRANT OR COVENANT THAT ANY RPKI SERVICES, RESOURCE CERTIFICATION, OR ANY ACCESS OR USE THEREOF WILL (Bi) THAT THE PRODUCTS BE UNINTERRUPTED, (ii) BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; DEFECTS, INACCURACIES, OR ERRORS, (Ciii) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREINMEET YOUR REQUIREMENTS, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.OR

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 BUYER ACKNOWLEDGES AND 9.3AGREES THAT THE TOWN DOES NOT, BY THE WARRANTY SET FORTH ISSUANCE OF A PROPOSED ACCEPTANCE OR FINAL ACCEPTANCE, OR BY THE EXECUTION AND DELIVERY OF ANY DOCUMENT OR INSTRUMENT EXECUTED AND DELIVERED IN SECTION 8.1 AND CONNECTION WITH THE OBLIGATIONS AND LIABILITIES SALE OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFTHE DCH, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS MAKE ANY REPRESENTATION OR LIABILITIESWARRANTY, EXPRESS OR IMPLIED, OF SUPPLIER ANY KIND OR NATURE WHATSOEVER, WITH RESPECT TO EACH PRODUCT THE DCH, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE TOWN MAKES, AND SHALL MAKE, NO EXPRESS OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE IMPLIED WARRANTY AS TO MATTERS OF TITLE (OTHER THAN THE TOWN'S LIMITED WARRANTY OF TITLE SET FORTH IN THE SPECIAL WARRANTY DEED TO BE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACHAT CLOSING), IN TORT SUCH MATTERS AS AN ACCURATE SURVEY WOULD REVEAL, VALUE & MARKETABILITY OF THE DCH, ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION (INCLUDING NEGLIGENCEINCLUDING, WITHOUT LIMITATION, LAWS, RULES, REGULATIONS, ORDERS AND REQUIREMENTS PERTAINING TO THE USE, HANDLING, GENERATION, TREATMENT, STORAGE OR DISPOSAL OF ANY TOXIC OR HAZARDOUS WASTE OR TOXIC, HAZARDOUS OR REGULATED SUBSTANCE), VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR OTHERWISEANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE DCH, (HEREINAFTER COLLECTIVELY CALLED THE "DISCLAIMED MATTERS"). XXXXX AGREES THAT, WITH RESPECT TO THE DCH, XXXXX HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF THE TOWN. IF THE TOWN ISSUES A FINAL ACCEPTANCE FOR THE DCH, THE TOWN SHALL SELL AND CONVEY TO BUYER, AND BUYER SHALL ACCEPT, THE DCH "AS IS", "WHERE IS", AND WITH ALL FAULTS, AND THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE DCH BY THE TOWN OR ANY THIRD PARTY. WITHOUT IN ANY WAY LIMITING ANY PROVISION OF THIS PARAGRAPH, BUYER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT IT HEREBY WAIVES, RELEASES AND DISCHARGES ANY CLAIM IT HAS, MIGHT HAVE HAD OR MAY HAVE AGAINST THE TOWN WITH RESPECT TO (i) THE DISCLAIMED MATTERS, (ii) THE CONDITION OF THE DCH, EITHER PATENT OR LATENT, (iii) THE PAST, PRESENT OR FUTURE CONDITION OR COMPLIANCE OF THE DCH WITH REGARD TO ANY ENVIRONMENTAL PROTECTION, POLLUTION CONTROL OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, CERCLA, AND (iv) ANY WARRANTYOTHER STATE OF FACTS THAT EXISTS WITH RESPECT TO THE DCH. THE TERMS AND CONDITIONS OF THIS PARAGRAPH SHALL EXPRESSLY SURVIVE THE CONSUMMATION OF THE PURCHASE AND SALE OF THE DCH ON THE CLOSING DATE, CONDITION OR REPRESENTATION (A) THE DELIVERY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION DEED AND THE PAYMENT OF THE PURCHASE PRICE, WITHOUT REGARD TO ANY LIMITATIONS UPON SURVIVAL SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREININ THIS OFFER.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 There are no warranties, representations or conditions, express or implied, statutory or otherwise between the Parties (which for purposes of this Section 4.03 shall include Ciena Corporation) under this Agreement except as specifically set forth in any of the other Transaction Documents. EACH PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES AND 9.3CONDITIONS NOT EXPRESSLY PROVIDED UNDER THE TRANSACTION DOCUMENTS, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIESWHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION OF, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE (EVEN IF ON NOTICE OF SUPPLIER WITH RESPECT SUCH PURPOSE), CUSTOM OR USAGE IN THE TRADE. EXCEPT FOR BREACHES OF OBLIGATIONS OF CONFIDENTIALITY AND MISAPPROPRIATION OF A PARTY’S INTELLECTUAL PROPERTY, IN NO EVENT SHALL EITHER PARTY BE LIABLE HEREUNDER FOR ANY INDIRECT, OR INCIDENTAL, OR SPECIAL, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY LOST BUSINESS, OR LOST SAVINGS, OR LOSS OR DAMAGE TO EACH DATA, OR LOST PROFITS, OR OTHER DAMAGES BASED ON (A) THE AMOUNT OF USE OF, OR THE AMOUNT OF REVENUES OR PROFITS EARNED OR OTHER VALUE OBTAINED BY, THE USE OF ANY LICENSED INTELLECTUAL PROPERTY OR A LICENSED PRODUCT OR PART THEREOFSERVICE; OR (B) THE LOST REVENUES OR PROFITS OF ANY THIRD PARTY ARISING FROM ANY USE OF ANY LICENSED INTELLECTUAL PROPERTY OR A LICENSED PRODUCT OR SERVICE, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE EVEN IF ADVISED OF THE NATURE POSSIBILITY OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINSUCH DAMAGES.

Disclaimer of Warranties. THE EXPRESS REPRESENTATIONS AND -------------------------- WARRANTIES OF SELLER CONTAINED IN THIS AGREEMENT (OR IN THE ASSIGNMENT TO BE EXECUTED PURSUANT TO THIS AGREEMENT) ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SELLER EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES, EXCEPT THAT SELLER WARRANTS TITLE TO THE INTERESTS BY, THROUGH, AND UNDER SELLER, BUT NOT OTHERWISE. WITHOUT LIMITATION OF THE FOREGOING, AND SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES PROVISIONS OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, THE INTERESTS SHALL BE CONVEYED PURSUANT HERETO WITHOUT ANY WARRANTY OR REPRESENTATION, WHETHER ARISING IN FACTEXPRESS, IN LAWIMPLIED, IN CONTRACT STATUTORY, OR OTHERWISE RELATING TO THE CONDITION, QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO THE MODELS OR SAMPLES OF MATERIALS, OR MERCHANTABILITY OF ANY EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE, AND WITHOUT ANY OTHER EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. BUYER SHALL HAVE INSPECTED, OR WAIVED (INCLUDING FUNDAMENTAL BREACH)AND UPON CLOSING SHALL BE DEEMED TO HAVE WAIVED) ITS RIGHT TO INSPECT THE INTERESTS FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, IN TORT BOTH SURFACE AND SUBSURFACE, INCLUDING, BUT NOT LIMITED TO, CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE, OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS OR OTHER MANMADE FIBERS OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (INCLUDING NEGLIGENCE)"NORM") IN, ON, OR UNDER THE INTERESTS. BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE INTERESTS, AND BUYER SHALL, EXCEPT AS PROVIDED OTHERWISE HEREIN, ACCEPT ALL OF THE SAME "AS IS, WHERE IS". WITHOUT LIMITATION OF THE FOREGOING, AND SUBJECT TO THE EXPRESS PROVISIONS OF THIS AGREEMENT, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AS TO THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION, OR MATERIALS NOW, HERETOFORE, OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION PRICING ASSUMPTIONS OR REPRESENTATION QUALITY OR QUANTITY OF HYDROCARBON RESERVES (AIF ANY) OF MERCHANTABILITY ATTRIBUTABLE TO THE INTERESTS OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, THE ABILITY OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE POTENTIAL OF THE NATURE INTERESTS TO PRODUCE HYDROCARBONS OR THE ENVIRONMENTAL CONDITION OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT INTERESTS OR ANY OTHER LEGAL THEORYMATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER, OR BY SELLER'S AGENTS OR REPRESENTATIVES. SUBJECT TO THE EXPRESS PROVISIONS OF THIS AGREEMENT, ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION, AND OTHER MATERIALS (WRITTEN OR ORAL) FURNISHED BY SELLER OR OTHERWISE MADE AVAILABLE OR DISCLOSED TO BUYER ARE PROVIDED TO BUYER AS A CONVENIENCE AND SHALL SURVIVE A FUNDAMENTAL BREACH NOT CREATE OR BREACHES AND/GIVE RISE TO ANY LIABILITY OF OR FAILURE AGAINST SELLER, AND ANY RELIANCE ON OR USE OF THE ESSENTIAL PURPOSE OF SAME SHALL BE AT BUYER'S SOLE RISK TO THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINMAXIMUM EXTENT PERMITTED BY LAW.

Disclaimer of Warranties. SUBJECT EXCEPT TO SECTIONS 9.2 AND 9.3THE EXTENT PROVIDED IN THIS AGREEMENT OR IN ANY OTHER DOCUMENT, INSTRUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION WITH THIS AGREEMENT, THE WARRANTY SET FORTH IN SECTION 8.1 PARTIES ACKNOWLEDGE AND AGREE THAT NONE OF THE OBLIGATIONS PARTIES HAS MADE, NONE OF THE PARTIES DOES MAKE AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE EACH PARTY SPECIFICALLY NEGATES AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIESDISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARANTEESPROMISES, OBLIGATIONSCOVENANTS, REPRESENTATIONS AGREEMENTS OR LIABILITIES, EXPRESS GUARANTIES OF ANY KIND OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTCHARACTER WHATSOEVER, WHETHER ARISING IN FACTEXPRESS, IN LAWIMPLIED OR STATUTORY, IN CONTRACT ORAL OR WRITTEN, PAST OR PRESENT, REGARDING (INCLUDING FUNDAMENTAL BREACH)A) THE VALUE, IN TORT (INCLUDING NEGLIGENCE)NATURE, QUALITY OR OTHERWISECONDITION OF THE ASSETS OWNED BY THE TRANSFERRED SUBSIDIARIES, INCLUDING, WITHOUT LIMITATION, THE ENVIRONMENTAL CONDITION OF ITS ASSETS GENERALLY, INCLUDING, WITHOUT LIMITATION, THE PRESENCE OR LACK OF HAZARDOUS SUBSTANCES OR OTHER MATTERS ON SUCH ASSETS, (B) THE INCOME TO BE DERIVED FROM SUCH ASSETS, (C) THE SUITABILITY OF SUCH ASSETS FOR ANY WARRANTYAND ALL ACTIVITIES AND USES THAT MAY BE CONDUCTED THEREON OR THEREWITH, CONDITION (D) THE COMPLIANCE OF OR REPRESENTATION BY SUCH ASSETS OR THEIR OPERATION WITH ANY LAWS (AINCLUDING, WITHOUT LIMITATION, ANY ZONING, ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS) OF MERCHANTABILITY OR (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF SUCH ASSETS. EXCEPT TO THE EXTENT PROVIDED IN ANY OTHER DOCUMENT, SATISFACTORY QUALITYINSTRUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION WITH THIS AGREEMENT, EACH PARTY ACKNOWLEDGES AND AGREES THAT SUCH PARTY HAS HAD THE OPPORTUNITY TO INSPECT THE ASSETS OF THE TRANSFERRED SUBSIDIARIES, AND SUCH PARTY IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE ASSETS OF THE TRANSFERRED SUBSIDIARIES AND NOT ON ANY INFORMATION PROVIDED OR ARISING FROM COURSE TO BE PROVIDED BY ANY OF PERFORMANCETHE OTHER PARTIES. EXCEPT TO THE EXTENT PROVIDED IN ANY OTHER DOCUMENT, DEALINGINSTRUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION WITH THIS AGREEMENT, USAGE NONE OF THE PARTIES IS LIABLE OR TRADE PRACTICE; (B) THAT BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PRODUCTS BE FREE FROM INFRINGEMENT ASSETS OF RIGHTS OF THE TRANSFERRED SUBSIDIARIES FURNISHED BY ANY AGENT, EMPLOYEE, SERVANT OR THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREEPARTY. THIS SECTION 4.2 SURVIVES THE CONTRIBUTION AND CONVEYANCE OF THE LIMITATIONS INTERESTS OR THE TERMINATION OF THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 4.2 HAVE BEEN NEGOTIATED BY THE PARTIES AFTER DUE CONSIDERATION AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE ASSETS OF THE TRANSFERRED SUBSIDIARIES THAT MAY ARISE PURSUANT TO ANY LAW NOW OR HEREAFTER IN EFFECT, OR OTHERWISE, EXCEPT AS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT IN THIS AGREEMENT OR ANY OTHER LEGAL THEORYDOCUMENT, AND SHALL SURVIVE A FUNDAMENTAL BREACH INSTRUMENT OR BREACHES AND/AGREEMENT EXECUTED OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINDELIVERED IN CONNECTION WITH THIS AGREEMENT.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFAYO, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIESANY VARIATIONS THEREOF ARE PROVIDED BY MISD “AS IS.” MISD MAKES NO PROMISES, WARRANTIES, GUARANTEESOR REPRESENTATIONS OF ANY KIND, OBLIGATIONSAND MISD SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, REPRESENTATIONS OR LIABILITIESEXPRESS, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)STATUTORY, OR OTHERWISE, INCLUDINGWITH RESPECT TO THE SUBJECT MATTER HEREOF, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYOR NON-INFRINGEMENT. MISD DOES NOT GUARANTEE, REPRESENT, OR ARISING FROM COURSE WARRANT THAT YOUR USE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER AYO WILL BE UNINTERRUPTED OR ERROR ERROR-FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE MISD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE NATURE FOLLOWING: (I) ERRORS OR OMISSIONS IN THE CONTENT DELIVERED ON AYO APPLICATION USER INTERFACES; (II) RECOMMENDATIONS OR ADVICE OF ANY MISD EMPLOYEES OR AGENTS; (III) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF AYO APPLICATION OR OTHER WEBSITES OR USER INTERFACES; (IV) DELIVERY OR DISPLAY OF ANY CONTENT CONTAINED ON AYO APPLICATION, USER INTERFACE, OR OTHERWISE THROUGH AYO; AND (V) ANY LOSS OR DAMAGES ARISING FROM THE USE OF THE CAUSE OF ACTION, DEMAND CONTENT PROVIDED BY MISD OR CLAIMOTHERWISE THROUGH AYO, INCLUDING BUT NOT LIMITED TOANY LOSSES OR DAMAGES ARISING FROM DOWNLOADING OF RELATED SOFTWARE, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES DOWNLOADING AND/OR FAILURE USE OF ANY OTHER SOFTWARE, OR ANY CONDUCT BY USERS OF THE ESSENTIAL PURPOSE OF THE AGREEMENT AYO APPLICATION SOFTWARE, WEBSITE, OR OF ANY REMEDY CONTAINED HEREINUSER INTERFACES.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED MAXIMUM EXTENT PERMITTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFAPPLICABLE LAW, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS EXCEPT AS EXPRESSLY SET FORTH HEREIN, CD AND ITS THIRD PARTY SUPPLIERS/LICENSORS PROVIDE THE PRODUCTS (INCLUDING THE HOSTED SERVICES, SOFTWARE AND ANY MAINTENANCE) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, CD AND ITS THIRD PARTY SUPPLIERS/LICENSORS MAKE NO REPRESENTATION, WARRANTY OR GUARANTY (1) AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, (2) THAT (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PRODUCTS WILL MEET END USER'S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY END USER THROUGH THE PRODUCTS WILL MEET END USER'S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGIONG, TO THE MAXIMUM EXTENT PERMITTED BY APPLICBLE LAW, CD AND ITS THIRD PARTY SUPPLIERS/LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO, AND ASSUME NO LIABILITY FOR, ANY PRODUCTS PROVIDED ON AN EVALUATION BASIS. IN ADDITION, CD AND ITS THIRD PARTY LICENSOR/SUPPLIERS SHALL APPLY IRRESPECTIVE NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE NATURE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF CD. END USER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE CAUSE FULL EXTENT PERMITTED BY LAW, THE DURATION OF ACTIONSTATUTORILY REQUIRED WARRANTIES, DEMAND OR CLAIMIF ANY, INCLUDING BUT NOT SHALL BE LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF TO THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINLIMITED WARRANTY PERIOD.

Disclaimer of Warranties. SUBJECT THE APPLICATION IS PROVIDED TO SECTIONS 9.2 USER AND 9.3LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE WARRANTY SET FORTH IN SECTION 8.1 COMPANY, ON ITS OWN BEHALF AND THE OBLIGATIONS ON BEHALF OF ITS AFFILIATES AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE ITS AND IN LIEU OFTHEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES EXPRESSLY DISCLAIMS ALL OTHER REMEDIES, WARRANTIES, GUARANTEESWHETHER EXPRESS, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)STATUTORY, OR OTHERWISE, INCLUDINGWITH RESPECT TO THE A P P L I C AT I O N , WITHOUT LIMITATIONI N C L U D I N G A L L I M P L I E D WA R R A N T I E S O F MERCHANTABILITY, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYTITLE, OR ARISING FROM AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, DEALINGUSAGE, USAGE OR TRADE PRACTICE; (B) . WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCTS APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE FREE FROM INFRINGEMENT COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF THIRD PARTIES; A CONSUMER, SO SOME OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE ALL OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINAPPLY TO YOU.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3a. The express representations and warranties of Emerald contained in this Agreement are exclusive and are in lieu of all other representations and warranties, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFexpress, implied, or statutory. Except as provided in this Agreement, EMERALD HAS NOT MADE, AND CUSTOMER EMERALD HEREBY EXPRESSLY DISCLAIMS AND NEGATES, AND EAST HEREBY EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIESANY REPRESENTATION OR WARRANTY, WARRANTIESEXPRESS, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN AT COMMON LAW, IN CONTRACT BY STATUTE OR OTHERWISE RELATING TO (INCLUDING FUNDAMENTAL BREACH)I) PRODUCTION RATES, IN TORT (INCLUDING NEGLIGENCE)RECOMPLETION OPPORTUNITIES, DECLINE RATES, GAS BALANCING INFORMATION OR THE QUALITY, QUANTITY, OR OTHERWISEVOLUME OF THE RESERVES OF HYDROCARBONS, INCLUDINGIF ANY, WITHOUT LIMITATIONATTRIBUTABLE TO THE ASSETS, (II) THE ACCURACY, COMPLETENESS OR MATERIALITY OF ANY WARRANTYINFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR ORAL) NOW, HERETOFORE OR HEREAFTER FURNISHED TO EAST BY OR ON BEHALF OF EMERALD, (Ill) THE ENVIRONMENTAL CONDITION OF THE PROPERTIES, (IV) ANY IMPLIED OR REPRESENTATION EXPRESS WARRANTY OF MERCHANTABILITY, (AV) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY(VI) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (BVII) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF ANY RIGHTS OF THIRD PARTIESPURCHASERS UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION, AND (VIII) ANY AND ALL IMPLIED WARRANTIES EXISTING UNDER APPLICABLE LAW; OR (C) THAT EMERALD AND EAST AGREE THAT, TO THE OPERATION EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, THE DISCLAIMERS OF CERTAIN WARRANTIES CONTAINED IN THIS SECTION ARE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSES OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED APPLICABLE LAW, RULE OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINORDER.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 YOU UNDERSTAND THAT USE OF THE PORTAL IS AT YOUR OWN RISK AND 9.3AFM CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR‐FREE. THE PORTAL, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFALL AFM CONTENT, AND CUSTOMER HEREBY WAIVESANY OTHER INFORMATION, RELEASES PRODUCTS, AND RENOUNCES MATERIALS CONTAINED IN OR ACCESSED THROUGH THE PORTAL, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. AFM EXPRESSLY DISCLAIMS ALL OTHER REMEDIESREPRESENTATIONS, WARRANTIES, GUARANTEESCONDITIONS, OBLIGATIONS, REPRESENTATIONS OR LIABILITIESINDEMNITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTYWARRANTY OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYTITLE, OR NON‐ INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) USAGE. AFM DOES NOT WARRANT THAT YOUR USE OF THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER PORTAL WILL BE UNINTERRUPTED OR ERROR ERROR‐ FREE, THAT AFM WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE PORTAL FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. THIS SECTION AFM SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE LIMITATIONS SET FORTH HEREINREASONABLE CONTROL OF AFM. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL APPLY IRRESPECTIVE OF BE LIMITED TO THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINMAXIMUM EXTENT PERMITTED BY LAW.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3EXCEPT AS EXPRESSLY PROVIDED HEREIN OR IN THE TRANSACTION DOCUMENTS, THE MODERNIZING MEDICINE MAKES NO WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFANY KIND, AND CUSTOMER HEREBY WAIVESWHETHER EXPRESS, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)STATUTORY, OR OTHERWISE. MODERNIZING MEDICINE HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, ANY PRODUCTS OR FEATURES IN CONNECTION WITH THE SOFTWARE, THE EMA SERVICES, THE ADDITIONAL SERVICES AND SOW SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTYTREATMENTS, CONDITION PROCEDURES, INFORMATION, DATA, PRODUCTS, MEDICATIONS AND OTHER MATTERS REFERENCED BY THE SOFTWARE, REMAINS WITH THE MEDICAL PRACTICE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MODERNIZING MEDICINE EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE AND ANY PRODUCT(S), GOOD(S), INFORMATION, DATA OR REPRESENTATION (A) MATERIALS PROVIDED BY MODERNIZING MEDICINE AS PART OF MERCHANTABILITY THE SOFTWARE, EMA SERVICES, ADDITIONAL SERVICES OR SOW SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE, THE MODERNIZING MEDICINE IP, AND ANY EMA SERVICE, ADDITIONAL SERVICES OR SOW SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYOR NONINFRINGEMENT. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED HEREIN, ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR ARISING FROM COURSE OF PERFORMANCEAPPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, DEALING, USAGE “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION REPRESENTATIONS OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED KIND, EITHER EXPRESS OR ERROR FREEIMPLIED. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND MODERNIZING MEDICINE DOES NOT WARRANT OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR MAKE ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.REPRESENTATION REGARDING

Disclaimer of Warranties. SUBJECT THE SERVICES AND ALL CONTENT IS PROVIDED TO SECTIONS 9.2 CUSTOMER ON AN "AS IS" AND 9.3“AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTY SET FORTH IN SECTION 8.1 COMPANY AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFITS LICENSORS DISCLAIM ALL CONDITIONS, REPRESENTATIONS, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEESWHETHER EXPRESS, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTYIMPLIED WARRANTY OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYOR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING AND EXCEPT AS SPECIFICALLY STATED HEREIN, COMPANY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ARISING FROM COURSE OF PERFORMANCEERROR-FREE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; SERVICES WILL MEET CUSTOMER REQUIREMENTS OR EXPECTATIONS, (C) THAT ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE OPERATION QUALITY OF ANY SOFTWARE DELIVERED HEREUNDER PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICES WILL MEET CUSTOMER REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE UNINTERRUPTED CORRECTED, OR ERROR FREE. THIS SECTION AND (F) SERVER(S) THAT MAKE THE LIMITATIONS SET FORTH HEREINSERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES COMPANY OR ITS LICENSORS MAKE ANY REPRESENTATION, SHALL APPLY IRRESPECTIVE WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE NATURE SERVICES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, INTERNET AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINELECTRONIC COMMUNICATIONS.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF9, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, BUTTERFLY MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEESEXPRESS, OBLIGATIONSIMPLIED OR STATUTORY, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTYIMPLIED WARRANTY OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYACCURACY OR COMPLETENESS, OR NON-INFRINGEMENT. BUTTERFLY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT THE SERVICES SHALL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SERVICES OR DEVICES WILL PROVIDE ANY SPECIFIC RESULTS FOR CLIENT, OR PROVIDE ANY RESULTS AT ALL. FURTHER, CLIENT ACKNOWLEDGES AND UNDERSTANDS THAT THE SERVICES MAY BE CONTINGENT ON THIRD PARTY PERFORMANCE AND BUTTERFLY CANNOT GUARANTEE AND IS NOT LIABLE FOR THE SAME. THE SERVICES AND DEVICES, AND DELIVERABLES, IF APPLICABLE, PROVIDED HEREUNDER ARE NOT INTENDED TO SUBSTITUTE FOR, OR TO REPLACE THE SKILL, KNOWLEDGE, AND EXPERIENCE OF CLIENT, END USER OR OTHER LICENSED PHYSICIANS OR OTHER CARE PROVIDERS. BUTTERFLY ASSUMES NO RESPONSIBILITY FOR PATIENT CARE AND IS NOT PROVIDING THE DEVICES OR ANY SERVICE HEREUNDER TO THE CLIENT AS A SUBSTITUTE OR REPLACEMENT FOR THE MEDICAL JUDGMENT OF THE CLIENT’S PHYSICIANS, END USERS OR OTHER CARE PROVIDERS. BUTTERFLY HAS NO, AND DISCLAIMS ANY RESPONSIBILITY WHATSOEVER FOR, AND CLIENT RELEASES BUTTERFLY FROM, ANY CLAIMS ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT RELATED TO THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE CONDUCT OF THE NATURE CLIENT’S BUSINESS OR FOR ACTS OR OMISSIONS OF CLIENT AND END USERS IN THE CAUSE PROVISION OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORYPATIENT CARE, AND THAT ANY RELIANCE UPON THE BUTTERFLY PROPERTY OR SERVICES HEREUNDER SHALL SURVIVE A FUNDAMENTAL BREACH NOT DIMINISH THE CLIENT’S RESPONSIBILITY FOR PATIENT CARE. Further, Butterfly does not and cannot control the performance of Internet or cellular services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Client’s connections to the Internet or cellular service (or portions thereof). Although Butterfly will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, Butterfly cannot guarantee that such events will not occur. BUTTERFLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR BREACHES AND/RELATED TO THE PERFORMANCE OR FAILURE NON- PERFORMANCE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT INTERNET SERVICES PROVIDED OR OF ANY REMEDY CONTAINED HEREINCONTROLLED BY THIRD PARTIES WHICH ARE NOT BUTTERFLY’S SUBCONTRACTORS.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF9, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, BUTTERFLY MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEESEXPRESS, OBLIGATIONSIMPLIED ORSTATUTORY, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTYIMPLIED WARRANTY OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYACCURACY OR COMPLETENESS, OR NON-INFRINGEMENT. BUTTERFLY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT THE SERVICES SHALL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SERVICES OR DEVICES WILL PROVIDE ANY SPECIFIC RESULTS FOR CLIENT, OR PROVIDE ANY RESULTS AT ALL. FURTHER, CLIENT ACKNOWLEDGES AND UNDERSTANDS THAT THE SERVICES MAY BE CONTINGENT ON THIRD PARTY PERFORMANCE AND BUTTERFLY CANNOT GUARANTEE AND IS NOT LIABLE FOR THE SAME. THE SERVICES AND DEVICES, AND DELIVERABLES, IF APPLICABLE, PROVIDED HEREUNDER ARE NOT INTENDED TO SUBSTITUTE FOR, OR TO REPLACE THE SKILL, KNOWLEDGE, AND EXPERIENCE OF CLIENT, END USER OR OTHER LICENSED PHYSICIANS OR OTHER CARE PROVIDERS. BUTTERFLY ASSUMES NO RESPONSIBILITY FOR PATIENT CARE AND IS NOT PROVIDING THE DEVICES OR ANY SERVICE HEREUNDER TO THE CLIENT AS A SUBSTITUTE OR REPLACEMENT FOR THE MEDICAL JUDGMENT OF THE CLIENT’S PHYSICIANS, END USERS OR OTHER CARE PROVIDERS. BUTTERFLY HAS NO, AND DISCLAIMS ANY RESPONSIBILITY WHATSOEVER FOR, AND CLIENT RELEASES BUTTERFLY FROM, ANY CLAIMS ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT RELATED TO THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE CONDUCT OF THE NATURE CLIENT’S BUSINESS OR FOR ACTS OR OMISSIONS OF CLIENT AND END USERS IN THE CAUSE PROVISION OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORYPATIENT CARE, AND THAT ANY RELIANCE UPON THE BUTTERFLY PROPERTY OR SERVICES HEREUNDER SHALL SURVIVE A FUNDAMENTAL BREACH NOT DIMINISH THE CLIENT’S RESPONSIBILITY FOR PATIENT CARE. Further, Butterfly does not and cannot control the performance of Internet or cellular services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Client’s connections to the Internet or cellular service (or portions thereof). Although Butterfly will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, Butterfly cannot guarantee that such events will not occur. BUTTERFLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR BREACHES AND/RELATED TO THE PERFORMANCE OR FAILURE NON- PERFORMANCE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT INTERNET SERVICES PROVIDED OR OF ANY REMEDY CONTAINED HEREINCONTROLLED BY THIRD PARTIES WHICH ARE NOT BUTTERFLY’S SUBCONTRACTORS.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3EXCEPT AS EXPRESSLY STATED IN THE AFOREMENTIONED CLAUSE, THE LICENSEE ASSUMES THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (DOCUMENTATION) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, ANY KIND WHETHER EXPRESS OR IMPLIED, LICENSOR SPECIFICALLY DISCLAIMS WARRANTIES OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYMERCHANTABILITY AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. NO ORAL OR WRITTEN ADVICE GIVEN BY LICENSOR, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND LICENSEE MAY NOT RELY UPON SUCH INFORMATION OR ADVICE. LICENSOR IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION, OR ARISING SECURITY OF THE SOFTWARE THAT MAY ARISE FROM COURSE OF PERFORMANCELICENSEE ACTS OR OMISSIONS, DEALINGTHIRD PARTY SERVICES. FURTHER, USAGE LICENSOR DISCLAIMS ANY RESPONSIBILITY OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; LIABILITY FOR ANY INTERCEPTION OR (C) THAT THE OPERATION INTERRUPTION OF ANY SOFTWARE DELIVERED HEREUNDER WILL COMMUNICATIONS THROUGH THE INTERNET, NETWORKS, OR SYSTEMS OUTSIDE LICENSOR’S CONTROL. Confidential. 42Gears Standard Version 5.0Last updated: 23/05/2023 LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE UNINTERRUPTED LIABLE FOR ANY PERSONAL INJURY, DEATH, OR ERROR FREE. THIS SECTION AND ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS,LOSS OF REVENUE GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA,DATA LEAKAGE, LOSS OF BUSINESS INFORMATION OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), ANY OTHER DAMAGES OR LOSSES INCLUDING COST ASSOCIATED WITH DATA USAGE OVER COMMUNICATION NETWORKS, INABILITY TO USE THE LIMITATIONS SET FORTH HEREINSOFTWARE, SHALL APPLY IRRESPECTIVE REGARDLESS OF THE NATURE THEORY OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF LIABILITY (CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) AND EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WILL LICENSOR BE LIABLE FOR ANY OTHER LEGAL THEORYDIRECT OR INDIRECT DAMAGES ARISING OUT OF, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/IN CONNECTION WITH, ANY ALLEGED OR ACTUAL IMPROPER USE OR INSTALLATION OF THE SOFTWARE BY LICENSEE, ALLEGED OR ACTUAL NEGLIGENT ACTS OR OMISSIONS, WILFUL MISCONDUCT, FRAUD OR FAILURE OF THE SOFTWARE DUE TO THIRD PARTIES SOFTWARE OR THE LICENSEE’S COMPUTER NETWORK. IN ANY CASE EITHER PARTY OR ITS AFFILIATES CUMULATIVE LIABILITY TO OTHER PARTY, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND SHALL NOT EXCEED THE FEES ACTUALLY PAID BY LICENSEE TO LICENSOR OR ITS AUTHORIZED RESELLER FOR THE SOFTWARE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO CLAIM LESS THE AMOUNT CONSUMED FOR SUPPORT AND MAINTENANCE IN THE PERIOD PRECEDING THE CLAIM. THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT ARE FUNDAMENTAL PARTS OF THE BASIS OF LICENSOR’S LICENSE HEREUNDER, AND LICENSEE ACKNOWLEDGES THAT LICENSOR WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE TO LICENSEE WITHOUT SUCH LIMITATIONS. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO (1) PERSONAL INJURY OR DEATH RESULTING FROM LICENSOR’S NEGLIGENCE; OR (2) FOR ANY OTHER MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW. Confidential. 42Gears Standard Version 5.0Last updated: 23/05/2023 AUSTRALIAN CONSUMERS: IF YOU ARE A “CONSUMER/LICENSEE” UNDER THE AUSTRALIAN CONSUMER/LICENSEE LAW NOTHING IN THESE TERMS INTENDED TO AFFECT THOSE RIGHTS. NOTHING IN THIS XXXX EXCLUDES, RESTRICTS OR MODIFIES ANY RIGHT OR REMEDY, OR ANY GUARANTEE, WARRANTY OR OTHER TERM IMPLIED OR IMPOSED BY LEGISLATION WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED (EACH A NON-EXCLUDABLE TERM). SUCH LEGISLATION INCLUDES THE AUSTRALIAN CONSUMER LAW WHICH CONTAINS GUARANTEES THAT PROTECT THE PURCHASERS OF GOODS OR SERVICES IN CERTAIN CIRCUMSTANCES.

Disclaimer of Warranties. SUBJECT IN EVERY CASE TO SECTIONS 9.2 THE STANDARDS AND 9.3, THE WARRANTY OBLIGATIONS SET FORTH IN THE SLA, WHICH ARE NOT WAIVED, MODIFIED OR DIMINISHED BY THIS SECTION 8.1 OR ANY OTHER PROVISION OF THIS AGREEMENT, CLIENT EXPRESSLY AGREES THAT NEWCONNECT IS PROVIDING THE SERVICE TO THE CLIENT “AS IS” WITHOUT ANY ADDITIONAL WARRANTY OF ANY KIND. CLIENT ASSUMES THE RISK OF ANY AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU ALL LOSS FROM USE OF, OR INABILITY TO USE THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUBJECT IN EVERY CASE TO THE STANDARDS AND CUSTOMER HEREBY WAIVESOBLIGATIONS SET FORTH IN THE SLA, RELEASES NEWCONNECT EXPRESSLY DISCLAIMS ANY AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS CONDITIONS OR LIABILITIESGUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND NEWCONNECT’S PERFORMANCE OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTYIMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR NewConnect, LLC - Proprietary & Confidential SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYOR NON-INFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY NEWCONNECT, ITS EMPLOYEES, OFFICERS AFFILIATES, AGENTS, LICENSORS, CONTRACTORS OR ARISING FROM COURSE THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY, CONDITION OR GUARANTEE OF PERFORMANCEANY KIND OR NATURE. SUBJECT IN EVERY CASE TO THE STANDARDS AND OBLIGATIONS SET FORTH IN THE SLA, DEALINGNEITHER NEWCONNECT NOR ITS EMPLOYEES, USAGE OFFICERS, AFFILIATES, AGENTS, LICENSORS, CONTRACTORS OR TRADE PRACTICE; (B) THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER SERVICE WILL BE UNINTERRUPTED OR THAT THE RESULTS WILL BE ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN SECTION 8.1 THIS ARTICLE IV (AS MODIFIED BY THE COMPANY DISCLOSURE SCHEDULE), THE COMPANY AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, SELLER EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR LIABILITIESWARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO THE CONDITION, VALUE OR QUALITY OF SUPPLIER THE BUSINESS, SELLER, SELLER ENTITIES, ACQUIRED COMPANIES, AND THE COMPANY AND SELLER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO EACH PRODUCT THE BUSINESS, SELLER, SELLER ENTITIES, ACQUIRED COMPANIES, OR PART AS TO THE WORKMANSHIP THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTTHE ABSENCE OF ANY DEFECTS THEREIN, WHETHER ARISING LATENT OR PATENT, IT BEING UNDERSTOOD THAT SUCH SUBJECT ASSETS ARE BEING ACQUIRED “AS IS, WHERE IS” ON THE CLOSING DATE, AND IN FACTTHEIR PRESENT CONDITION, AND PURCHASER SHALL RELY ON THEIR OWN EXAMINATION AND INVESTIGATION THEREOF. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES CONTAINED IN ARTICLE IV (AS MODIFIED BY THE COMPANY DISCLOSURE SCHEDULE), THE COMPANY AND SELLER HEREBY DISCLAIM ALL LIABILITY AND RESPONSIBILITY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY REPRESENTATION, WARRANTY, STATEMENT, OR INFORMATION MADE, COMMUNICATED, OR FURNISHED (ORALLY OR IN CONTRACT WRITING) TO PURCHASER OR ITS AFFILIATES OR REPRESENTATIVES (INCLUDING FUNDAMENTAL BREACH)ANY OPINION, IN TORT (INCLUDING NEGLIGENCE)INFORMATION, PROJECTION, OR OTHERWISEADVICE THAT MAY HAVE BEEN OR MAY BE PROVIDED TO PURCHASER BY ANY STOCKHOLDER, INCLUDINGDIRECTOR, WITHOUT LIMITATIONOFFICER, ANY WARRANTYEMPLOYEE, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEAGENT, SATISFACTORY QUALITYCONSULTANT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE REPRESENTATIVE OF THE NATURE COMPANY, SELLER OR ANY OF THEIR AFFILIATES). THE COMPANY AND SELLER DO NOT MAKE NOR HAS EITHER THE COMPANY OR SELLER MADE ANY REPRESENTATIONS OR WARRANTIES TO PURCHASER REGARDING ANY PROJECTION OR FORECAST REGARDING FUTURE RESULTS OR ACTIVITIES OR THE PROBABLE SUCCESS OR PROFITABILITY OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINCOMPANY BUSINESS.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3YOUR USE OF THE PORTAL, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFITS CONTENT, AND CUSTOMER HEREBY WAIVESANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL IS AT YOUR OWN RISK. THE PORTAL, RELEASES ITS CONTENT, AND RENOUNCES ALL ANY PRODUCTS, SERVICES, SANDBOXES, OR OTHER REMEDIESITEMS OBTAINED THROUGH THE PORTAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WARRANTIESWITHOUT ANY WARRANTIES OF ANY KIND, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF SUPPLIER MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO EACH PRODUCT OR PART THEREOFTHE COMPLETENESS, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENTSECURITY, WHETHER ARISING IN FACTRELIABILITY, IN LAWQUALITY, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)ACCURACY, OR OTHERWISEAVAILABILITY OF THE PORTAL. WITHOUT LIMITING THE FOREGOING, INCLUDINGNEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PORTAL, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYITS CONTENT, OR ARISING FROM COURSE ANY PRODUCTS, SERVICES, SANDBOXES, OR OTHER ITEMS OBTAINED THROUGH THE PORTAL WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF PERFORMANCEVIRUSES OR OTHER HARMFUL COMPONENTS, DEALING, USAGE OR TRADE PRACTICE; (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT PORTAL OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH SERVICES OR BREACHES AND/ITEMS OBTAINED THROUGH THE PORTAL WILL OTHERWISE MEET YOUR NEEDS OR FAILURE OF EXPECTATIONS. THE ESSENTIAL PURPOSE OF THE AGREEMENT FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR OF ANY REMEDY CONTAINED HEREINLIMITED UNDER APPLICABLE LAW.

Disclaimer of Warranties. SUBJECT THE SERVICES, INCLUDING ALL MATERIALS INCORPORATED HEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO SECTIONS 9.2 THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CYSIV AND 9.3ITS SUBSIDIARIES, THE WARRANTY SET FORTH IN SECTION 8.1 AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFAGENTS, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES DISCLAIM ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTYIMPLIED WARRANTIES OF TITLE, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. To the extent that applicable law does not allow the exclusion of implied warranties, the above exclusions may not apply to Licensee. CYSIV AND ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR- FREE OR TRADE PRACTICE; (B) SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCTS BE SERVICES ARE FREE FROM INFRINGEMENT OF RIGHTS VIRUSES OR OTHER HARMFUL COMPONENTS. LICENSEE ASSUMES ALL RESPONSIBILITY AND RISK FOR ITS USE OF THIRD PARTIES; THE SERVICES AND ITS RELIANCE THEREON. NO OPINION, ADVICE OR (C) THAT STATEMENT OF CYSIV OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS OR AGENTS, WHETHER MADE ON OR THROUGH THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED SERVICES OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREINOTHERWISE, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR CREATE ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINWARRANTY.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 YOU UNDERSTAND AND 9.3AGREE THAT YOUR USE OF THE PORTAL, ITS CONTENT, AND ANY ITEMS FOUND OR ATTAINED THROUGH THE PORTAL IS AT YOUR OWN RISK. THE PORTAL, ITS CONTENT, AND ANY ITEMS FOUND OR ATTAINED THROUGH THE PORTAL ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE WARRANTY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES IMPLIED WARRANTIES OR CONDITIONS OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFMERCHANTABILITY, AND CUSTOMER HEREBY WAIVESMERCHATABLE QUALITY, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYOR NON-INFRINGEMENTOR THOSE ARISING UNDER STATUTE OR CUSTOM OR USAGE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NEITHER KWALEE NOR ITS SUBSIDIARIES, AFFILIATES, OR ARISING FROM COURSE THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF PERFORMANCETHE PORTAL OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, DEALINGNEITHER KWALEE NOR ITS SUBSIDIARIES, USAGE AFFILIATES OR TRADE PRACTICE; (B) THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PRODUCTS PORTAL, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PORTAL WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PORTAL OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE PORTAL WILL BE FREE FROM INFRINGEMENT OF RIGHTS VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THIRD PARTIES; THE PORTAL AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR (C) DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF- SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE OPERATION PORTAL OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PORTAL OR TO YOUR DOWNLOADING OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED MATERIAL POSTED ON IT, OR ERROR FREE. THIS SECTION AND THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ON ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINPORTAL LINKED TO IT.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 YOUR USE OF THE SERVICES, SOFTWARE, AND 9.3CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE WARRANTY SET FORTH IN SECTION 8.1 AND SERVICES ARE PROVIDED "AS IS" TO THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED MAXIMUM EXTENT PERMITTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFAPPLICABLE LAW. INTUIT, ITS AFFILIATES, AND CUSTOMER HEREBY WAIVESITS THIRD PARTY PROVIDERS, RELEASES AND RENOUNCES LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT OR PART THEREOF, PRODUCT DOCUMENTATION OR SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYTITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR ARISING THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. INTUIT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM COURSE BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PERFORMANCEPURCHASE OR DELIVERY OF THE SERVICES, DEALINGWHICHEVER IS SOONER. INTUIT, USAGE ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR TRADE PRACTICEWARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. 37. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, INTUIT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS. THE PRODUCTS BE FREE FROM INFRINGEMENT ABOVE LIMITATIONS APPLY EVEN IF INTUIT AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF RIGHTS THE POSSIBILITY OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREESUCH DAMAGES. THIS SECTION AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE LIMITATIONS SET FORTH HEREIN, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, SERVICES AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINITS USE.

Disclaimer of Warranties. SUBJECT TO SECTIONS 9.2 AND 9.3, THE WARRANTY OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 8.1 AND THE OBLIGATIONS AND LIABILITIES OF SUPPLIER THEREUNDER ARE ACCEPTED BY CUSTOMER TO BE EXCLUSIVE AND IN LIEU OFTHIS AGREEMENT, COMPANY MAKES NO, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONSDISCLAIMS ANY, REPRESENTATIONS OR LIABILITIESWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OF SUPPLIER WITH RESPECT TO EACH PRODUCT THE SOFTWARE, THE SERVICES PROVIDED OR PART THEREOFTHE AVAILABILITY, PRODUCT DOCUMENTATION FUNCTIONALITY, PERFORMANCE OR SERVICE DELIVERED RESULTS OF USE OF THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY SET FORTH HEREIN, COMPANY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE, THE HOSTING OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER ARISING IN FACT, IN LAW, IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), IN TORT (INCLUDING NEGLIGENCE)BY COMPANY, OR OTHERWISETHE OPERATION OF THE SOFTWARE ARE OR WILL BE ACCURATE, INCLUDINGERROR-FREE OR UNINTERRUPTED. COMPANY MAKES NO, AND HEREBY DISCLAIMS ANY, IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTYIMPLIED WARRANTY OF MERCHANTABILITY, CONDITION OR REPRESENTATION (A) OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, SATISFACTORY QUALITY, PURPOSE OR ARISING FROM BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. (b) Disclaimer of Consequential Damages. COMPANY HAS NO LIABILITY WITH RESPECT TO THE SOFTWARE, DEALINGSERVICES, USAGE OR TRADE PRACTICE; ITS OTHER OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (B) THAT THE PRODUCTS BE FREE FROM INFRINGEMENT INCLUDING WITHOUT LIMITATION LOSS OF RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE DELIVERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THIS SECTION PROFITS AND THE LIMITATIONS SET FORTH HEREINCOST OF COVER) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BUT NOT LIMITED TO, WHETHER IN BREACH OF CONTRACT, NEGLIGENCE, TORT STRICT LIABILITY, MISREPRESENTATIONS, OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE TORTS EVEN IF COMPANY HAS BEEN ADVISED OF THE ESSENTIAL PURPOSE POSSIBILITY OF THE AGREEMENT OR OF ANY REMEDY CONTAINED HEREINSUCH DAMAGES.