Common use of Disclaimer Clause in Contracts

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce enforce, whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORAs a material part of the consideration for this Agreement, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKESeller and Buyer agree that the Property is being sold “AS IS, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORALWHERE IS, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOFALL FAULTS” and with all burdens, INCLUDINGcircumstances, WITHOUT LIMITATIONdefects, ANY WARRANTY AS TO DESIGNfaults, COMPLIANCE WITH SPECIFICATIONSdangers, QUALITY OF MATERIALS OR WORKMANSHIPhazards, MERCHANTABILITYissues, FITNESS FOR ANY PURPOSEmaterial facts, USE OR OPERATIONproblems, SAFETYand other relevant matters, PATENTwhether latent or patent, TRADEMARK OR COPYRIGHT INFRINGEMENTwhether past, OR TITLE. All such riskspresent, as between Lessor or future, and Lesseewhether or not referenced herein, are to be borne by Lessee. Without limiting or in the foregoingTerms of Auction, Lessor shall and Buyer knowingly, voluntarily, unconditionally, and irrevocably waives, releases, and discharges Seller and Auctioneer/Broker from any claim that Buyer may otherwise have no responsibility or liability to Lessee or any other person had with respect to the Property, the Auction, this Sale Contract, and the transaction contemplated. To the fullest extent allowed by law, Seller and Auctioneer/Broker conditionally disclaim any guarantee, representation, and warranty of every kind, whether expressed, implied, or statutory, whether oral or written, with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all matters referenced therein (including, but not limited to, all matters referred to within this Article, plus the section on “Bidder and Property Information” included in the Terms of Auction), plus all other relevant matters, whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere, except for limited warranties that may be given by Seller to Buyer in the deed of conveyance, or as expressly stated herein. Maps, depictions, and sketches included in the marketing material for the Auction are for illustration purposes only and neither Seller nor Auctioneer/Broker warrants or guarantees these materials or related information to be accurate or complete. Buyer acknowledges and agrees that it is Buyer’s exclusive responsibility to make and independently verify such factual, legal, and other inquiries, inspections, investigations, and studies as Buyer deems appropriate, desirable, and necessary with respect to the Property, the Auction, this Sale Contract, and this sale, all of which will be at Buyer’s exclusive cost, and Seller and Auctioneer/Broker will have no liability whatsoever on any basis or in any amount. Buyer acknowledges and agrees that, in executing this Sale Contract and purchasing the Property, Buyer is not relying upon any agreement, covenant, guarantee, promise, representation, or warranty of any kind or character whatsoever that Seller and Auctioneer/Broker have disclaimed, nor is Buyer relying upon any assertion, brochure, claim, document, information, literature, map, projection, sketch, or statement of any kind with respect to the Property and any improvements thereon, including the surrounding area and all relevant circumstances, facts, issues, and matters, whether past, present, or future, whether expressed or implied, whether oral or written, whether material or immaterial, and whether given or made by, or on behalf of, Seller or Auctioneer/Broker. Instead, Buyer is relying solely upon Buyer’s independent due diligence, inspection, investigation, and findings with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all relevant matters whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere. Seller and Auctioneer/Broker will not be liable to Buyer for any relief, including, but not limited to, adjustment, allowance, damages, reformation, or rescission, based upon the failure of the following; (i) Property to conform to any liabilityspecific condition, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentexpectation, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmentstandard, or any other circumstance in connection with the Equipment; (ii) the use, operation third-party documents or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearinformation.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; following (i1) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii2) the use, operation or performance of any Equipment or any risks relating to it; (iii3) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv4) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORAs a material part of the consideration for this Agreement, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKESeller and Buyer agree that the Property is being sold “AS IS, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORALWHERE IS, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOFALL FAULTS” and with all burdens, INCLUDINGcircumstances, WITHOUT LIMITATIONdefects, ANY WARRANTY AS TO DESIGNfaults, COMPLIANCE WITH SPECIFICATIONSdangers, QUALITY OF MATERIALS OR WORKMANSHIPhazards, MERCHANTABILITYissues, FITNESS FOR ANY PURPOSEmaterial facts, USE OR OPERATIONproblems, SAFETYand other relevant matters, PATENTwhether latent or patent, TRADEMARK OR COPYRIGHT INFRINGEMENTwhether past, OR TITLE. All such riskspresent, as between Lessor or future, and Lesseewhether or not referenced herein, are to be borne by Lessee. Without limiting or in the foregoingTerms of Auction, Lessor shall and Buyer knowingly, voluntarily, unconditionally, and irrevocably waives, releases, and discharges Seller and Auctioneer from any claim that Buyer may otherwise have no responsibility or liability to Lessee or any other person had with respect to the Property, the Auction, this Sale Contract, and the transaction contemplated. To the fullest extent allowed by law, Seller and Auctioneer unconditionally disclaim any guarantee, representation, and warranty of every kind, whether expressed, implied, or statutory, whether oral or written, with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all matters referenced therein (including, but not limited to, all matters referred to within this Article, plus the section on “Bidder’s Due Diligence” included in the Terms of Auction), plus all other relevant matters, whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere, except for limited warranties that may be given by Seller to Buyer in the deed of conveyance, or as expressly stated herein. Maps, depictions, and sketches included in the marketing material for the Auction are for illustration purposes only and neither Seller nor Auctioneer warrants or guarantees these materials or related information to be accurate or complete. Buyer acknowledges and agrees that it is Buyer’s exclusive responsibility to make and independently verify such factual, legal, and other inquiries, inspections, investigations, and studies as Buyer deems appropriate, desirable, and necessary with respect to the Property, the Auction, this Sale Contract, and this sale, all of which will be at Buyer’s exclusive cost, and Seller and Auctioneer will have no liability whatsoever on any basis or in any amount. Buyer acknowledges and agrees that, in executing this Sale Contract and purchasing the Property, Buyer is not relying upon any agreement, covenant, guarantee, promise, representation, or warranty of any kind or character whatsoever that Seller and Auctioneer have disclaimed, nor is Buyer relying upon any assertion, brochure, claim, document, information, literature, map, projection, sketch, or statement of any kind with respect to the Property and any improvements thereon, including the surrounding area and all relevant circumstances, facts, issues, and matters, whether past, present, or future, whether expressed or implied, whether oral or written, whether material or immaterial, and whether given or made by, or on behalf of, Seller or Auctioneer. Instead, Buyer is relying solely upon Buyer’s independent due diligence, inspection, investigation, and findings with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all relevant matters whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere. Seller and Auctioneer will not be liable to Buyer for any relief, including, but not limited to, adjustment, allowance, damages, reformation, or rescission, based upon the failure of the following; (i) Property to conform to any liabilityspecific condition, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentexpectation, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmentstandard, or any other circumstance in connection with the Equipment; (ii) the use, operation third-party documents or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearinformation.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's ’s sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORAs a material part of the consideration for this Sale Contract, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKESeller and Buyer agree that the Property is being sold “AS IS, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORALWHERE IS, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOFALL FAULTS” and with all burdens, INCLUDINGcircumstances, WITHOUT LIMITATIONdefects, ANY WARRANTY AS TO DESIGNfaults, COMPLIANCE WITH SPECIFICATIONSdangers, QUALITY OF MATERIALS OR WORKMANSHIPhazards, MERCHANTABILITYissues, FITNESS FOR ANY PURPOSEmaterial facts, USE OR OPERATIONproblems, SAFETYand other relevant matters, PATENTwhether latent or patent, TRADEMARK OR COPYRIGHT INFRINGEMENTwhether past, OR TITLE. All such riskspresent, as between Lessor or future, and Lesseewhether or not referenced herein, are to be borne by Lessee. Without limiting or in the foregoingTerms of Auction, Lessor shall and Buyer knowingly, voluntarily, unconditionally, and irrevocably waives, releases, and discharges Seller and Auction Team from any claim that Buyer may otherwise have no responsibility or liability to Lessee or any other person had with respect to the Property, the Auction, this Sale Contract, and the transaction contemplated. To the fullest extent allowed by law, Seller and Auction Team unconditionally disclaim any guarantee, representation, and warranty of every kind, whether expressed, implied, or statutory, whether oral or written, with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all matters referenced therein (including, but not limited to, all matters referred to within this Article, plus the section on “Bidder’s Due Diligence” included in the Terms of Auction), plus all other relevant matters, whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere, except for limited warranties that may be given by Seller to Buyer in the deed of conveyance, or as expressly stated herein. Maps, depictions, and sketches included in the marketing material for the Auction are for illustration purposes only and neither Seller nor Auction Team warrants or guarantees these materials or related information to be accurate or complete. Buyer acknowledges and agrees that it is Buyer’s exclusive responsibility to make and independently verify such factual, legal, and other inquiries, inspections, investigations, and studies as Buyer deems appropriate, desirable, and necessary with respect to the Property, the Auction, this Sale Contract, and this sale, all of which will be at Buyer’s exclusive cost, and Seller and Auction Team will have no liability whatsoever on any basis or in any amount. Buyer acknowledges and agrees that, in executing this Sale Contract and purchasing the Property, Buyer is not relying upon any agreement, covenant, guarantee, promise, representation, or warranty of any kind or character whatsoever that Seller and Auction Team have disclaimed, nor is Buyer relying upon any assertion, brochure, claim, document, information, literature, map, projection, sketch, or statement of any kind with respect to the Property and any improvements thereon, including the surrounding area and all relevant circumstances, facts, issues, and matters, whether past, present, or future, whether expressed or implied, whether oral or written, whether material or immaterial, and whether given or made by, or on behalf of, Seller or Auction Team. Instead, Buyer is relying solely upon Buyer’s independent due diligence, inspection, investigation, and findings with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all relevant matters whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere. Seller and Auction Team will not be liable to Buyer for any relief, including, but not limited to, adjustment, allowance, damages, reformation, or rescission, based upon the failure of the following; (i) Property to conform to any liabilityspecific condition, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentexpectation, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmentstandard, or any other circumstance in connection with the Equipment; (ii) the use, operation third-party documents or performance of any Equipment or any risks relating information. Buyer will look only to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. IfSeller, and so long asnot Auction Team, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during with respect to all matters regarding the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier sale of the Equipment at Lessee's sole cost Property and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearthis Sale Contract.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; , (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce enforce, whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORThe VaaS, Software, Documentation, and all other data and materials made available via the Internet or otherwise provided to Customer in connection with this Agreement by Polycom are provided “AS IS” and “AS AVAILABLE,” without representations or warranties of any kind. POLYCOM AND ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKESUPPLIERS MAKE NO WARRANTIES, HAS NOT MADEEXPRESS, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN STATUTORY, BY OPERATION OF LAW, OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOFOTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGNIMPLIED WARRANTIES OF NONINFRINGEMENT, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS MERCHANTABILITY OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSEWARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, USE COURSE OF DEALING OR OPERATIONUSAGE OF TRADE. POLYCOM DOES NOT WARRANT THAT THE SERVICES WILL BE PROVIDED ERROR-FREE, SAFETYUNINTERRUPTED, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENTSECURE, OR TITLEVIRUS-FREE. All such risksWITHOUT LIMITING THE FOREGOING, as between Lessor TO THE EXTENT POLYCOM MAY NOT AS A MATTER OF LAW DISCLAIM ANY WARRANTY, THE PARTIES AGREE THAT THE SCOPE AND DURATION OF ANY SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW. Neither Polycom, nor its third-party service or software providers, shall have any liability whatsoever for the accuracy, completeness, timeliness, security, or integrity of the Customer Data, or for any decision made or action taken by Customer or any conferencing participant in reliance upon any Customer Data. The parties agree and Lessee, are acknowledge that Polycom shall in no event be held responsible for any problems with the VaaS attributable to the public Internet infrastructure or Customer’s ability to be borne by Lessee. Without limiting connected to the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearInternet.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORAs a material part of the consideration for this Agreement, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKESeller and Buyer agree that the Property is being sold “AS IS, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORALWHERE IS, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOFALL FAULTS” and with all burdens, INCLUDINGcircumstances, WITHOUT LIMITATIONdefects, ANY WARRANTY AS TO DESIGNfaults, COMPLIANCE WITH SPECIFICATIONSdangers, QUALITY OF MATERIALS OR WORKMANSHIPhazards, MERCHANTABILITYissues, FITNESS FOR ANY PURPOSEmaterial facts, USE OR OPERATIONproblems, SAFETYand other relevant matters, PATENTwhether latent or patent, TRADEMARK OR COPYRIGHT INFRINGEMENTwhether past, OR TITLE. All such riskspresent, as between Lessor or future, and Lesseewhether or not referenced herein, are to be borne by Lessee. Without limiting or in the foregoingTerms of Auction, Lessor shall and Buyer knowingly, voluntarily, unconditionally, and irrevocably waives, releases, and discharges Seller and Auctioneer from any claim that Buyer may otherwise have no responsibility or liability to Lessee or any other person had with respect to the Property, the Auction, this Sale Contract, and the transaction contemplated. To the fullest extent allowed by law, Seller and Auctioneer unconditionally disclaim any guarantee, representation, and warranty of every kind, whether expressed, implied, or statutory, whether oral or written, with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all matters referenced therein (including, but not limited to, all matters referred to within this Article, plus the section on “Bidder’s Due Diligence” included in the Terms of Auction), plus all other relevant matters, whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere, except for limited warranties that may be given by Seller to Buyer in the deed of conveyance, or as expressly stated herein. Maps, depictions, and sketches included in the marketing material for the Auction are for illustration purposes only and neither Seller nor Auctioneer warrants or guarantees these materials or related information to be accurate or complete. Buyer acknowledges and agrees that it is Buyer’s exclusive responsibility to make and independently verify such factual, legal, and other inquiries, inspections, investigations, and studies as Buyer deems appropriate, desirable, and necessary with respect to the Property, the Auction, this Sale Contract, and this sale, all of which will be at Buyer’s exclusive cost, and Seller and Auctioneer will have no liability whatsoever on any basis or in any amount. Buyer acknowledges and agrees that, in executing this Sale Contract and purchasing the Property, Buyer is not relying upon any agreement, covenant, guarantee, promise, representation, or warranty of any kind or character whatsoever that Seller and Auctioneer have disclaimed, nor is Buyer relying upon any assertion, brochure, claim, document, information, literature, map, projection, sketch, or statement of any kind with respect to the Property and any improvements thereon, including the surrounding area and all relevant circumstances, facts, issues, and matters, whether past, present, or future, whether expressed or implied, whether oral or written, whether material or immaterial, and whether given or made by, or on behalf of, Seller or Auctioneer. Instead, Buyer is relying solely upon Buyer’s independent due diligence, inspection, investigation, and findings with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all relevant matters whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere. Seller and Auctioneer will not be liable to Buyer for any relief, including, but not limited to, adjustment, allowance, damages, reformation, or rescission, based upon the failure of the following; (i) Property to conform to any liabilityspecific condition, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentexpectation, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmentstandard, or any other circumstance in connection with the Equipment; (ii) the use, operation third-party documents or performance of any Equipment or any risks relating information. Buyer will look only to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. IfSeller, and so long asnot Auctioneer, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during with respect to all matters regarding the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier sale of the Equipment at Lessee's sole cost Property and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearthis Sale Contract.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORAs a material part of the consideration for this Sale Contract, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKESeller and Buyer agree that the Property is being sold “AS IS, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORALWHERE IS, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOFALL FAULTS” and with all burdens, INCLUDINGcircumstances, WITHOUT LIMITATIONdefects, ANY WARRANTY AS TO DESIGNfaults, COMPLIANCE WITH SPECIFICATIONSdangers, QUALITY OF MATERIALS OR WORKMANSHIPhazards, MERCHANTABILITYissues, FITNESS FOR ANY PURPOSEmaterial facts, USE OR OPERATIONproblems, SAFETYand other relevant matters, PATENTwhether latent or patent, TRADEMARK OR COPYRIGHT INFRINGEMENTwhether past, OR TITLE. All such riskspresent, as between Lessor or future, and Lesseewhether or not referenced herein, are to be borne by Lessee. Without limiting or in the foregoingTerms of Auction, Lessor shall and Buyer knowingly, voluntarily, unconditionally, and irrevocably waives, releases, and discharges Seller and Auction Team from any claim that Buyer may otherwise have no responsibility or liability to Lessee or any other person had with respect to the Property, the Auction, this Sale Contract, and the transaction contemplated. To the fullest extent allowed by law, Seller and Auction Team unconditionally disclaim any guarantee, representation, and warranty of every kind, whether expressed, implied, or statutory, whether oral or written, with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all matters referenced therein (including, but not limited to, all matters referred to within this Article, plus the section on “Bidder’s Due Diligence” included in the Terms of Auction), plus all other relevant matters, whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere, except for limited warranties that may be given by Seller to Buyer in the deed of conveyance, or as expressly stated herein. Maps, depictions, and sketches included in the marketing material for the Auction are for illustration purposes only and neither Seller nor Auction Team warrants or guarantees these materials or related information to be accurate or complete. Buyer acknowledges and agrees that it is Xxxxx’s exclusive responsibility to make and independently verify such factual, legal, and other inquiries, inspections, investigations, and studies as Buyer deems appropriate, desirable, and necessary with respect to the Property, the Auction, this Sale Contract, and this sale, all of which will be at Buyer’s exclusive cost, and Seller and Auction Team will have no liability whatsoever on any basis or in any amount. Buyer acknowledges and agrees that, in executing this Sale Contract and purchasing the Property, Buyer is not relying upon any agreement, covenant, guarantee, promise, representation, or warranty of any kind or character whatsoever that Seller and Auction Team have disclaimed, nor is Buyer relying upon any assertion, brochure, claim, document, information, literature, map, projection, sketch, or statement of any kind with respect to the Property and any improvements thereon, including the surrounding area and all relevant circumstances, facts, issues, and matters, whether past, present, or future, whether expressed or implied, whether oral or written, whether material or immaterial, and whether given or made by, or on behalf of, Seller or Auction Team. Instead, Buyer is relying solely upon Buyer’s independent due diligence, inspection, investigation, and findings with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all relevant matters whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere. Seller and Auction Team will not be liable to Buyer for any relief, including, but not limited to, adjustment, allowance, damages, reformation, or rescission, based upon the failure of the following; (i) Property to conform to any liabilityspecific condition, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentexpectation, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmentstandard, or any other circumstance in connection with the Equipment; (ii) the use, operation third- party documents or performance of any Equipment or any risks relating information. Buyer will look only to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. IfSeller, and so long asnot Auction Team, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during with respect to all matters regarding the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier sale of the Equipment at Lessee's sole cost Property and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearthis Sale Contract.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOROther than as expressly set forth herein, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKESeller hereby specifically disclaims any warranty, HAS NOT MADEguaranty or representation, NOR SHALL BE DEEMED TO MAKE OR HAVE MADEoral or written, ANY WARRANTY OR REPRESENTATIONpast, EITHER EXPRESS OR IMPLIEDpresent or future, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risksof, as between Lessor to, or concerning (i) the nature and Lesseecondition of the Assets, are to be borne by Lessee. Without limiting including, without limitation, the foregoingwater, Lessor shall have no responsibility or liability to Lessee soil and geology or any other person with respect to any matter affecting the stability or integrity of the following; (i) any liabilityReal Property or Improvements, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) and the suitability thereof and of the EquipmentAssets for any and all activities and uses which Buyer may elect to conduct thereon, and the existence of any environmental hazards or any other circumstance in connection conditions thereon (including the presence of asbestos) or compliance with the Equipmentapplicable Laws; (ii) the use, operation condition of title to the Assets or performance the nature and extent of any Equipment right-of-way, lease, possession, lien, encumbrance, license, reservation, condition or any risks relating to itotherwise; (iii) the compliance of the Assets or its operation with any interruption of servicecovenants, loss of business conditions, restrictions, or anticipated profits or consequential damagesLaws; or (iv) the deliveryprofitability or losses or expenses relating to the Assets and the businesses conducted in connection therewith; (v) the existence, operationquality, servicingnature, maintenance, repair, improvement adequacy or replacement physical condition of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during utility serving the term Project; (vi) the zoning or other legal status of the Project; (vii) the quality of any labor or materials relating in any way to the Assets; (viii) the legal or tax consequences of this Agreement to assert or its underlying transaction; and enforce whatever claims and rights Lessor may have against any Supplier (ix) the transferability of the Equipment at LesseeSeller's sole cost rights under the Contracts. Buyer acknowledges that prior to the Feasibility Expiration Date Seller will afford Buyer the opportunity for full and expensecomplete investigations, examinations and inspections of the Assets and all information to be delivered by Seller pursuant to this Agreement and, other than as expressly set forth herein, Buyer is relying solely on its own investigation and inspection of the Assets. Other than as expressly set forth herein, or in subparagraph 14(b)(viii) hereof, the sale of the Assets as provided for herein is made on an "AS IS" and "WHERE IS" basis, and Buyer expressly acknowledges that, in consideration of the name agreements of and Seller herein, other than as expressly set forth herein, Seller makes no warranty or representation, express or implied, or arising by operation of law, including, but not limited to, any warranty of condition, habitability, merchantability, suitability or fitness for a particular use or purpose, in respect of all or any of the account of Lessor and/or Lessee, as their interests may appearAssets.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED Applicant and Customer each acknowledge and agree that their submission of this Agreement and, if applicable, participation in the Program, are completely voluntary. Applicant and Customer further acknowledge and agree that neither the Company nor its affiliated entities nor their respective trustees, directors, officers, shareholders, employees, contractors, agents or representatives shall be liable to Customer or Applicant or to any other person or entity for any claim, charge, complaint, cause of action, damage, loss, agreement or liability of any kind or nature whatsoever, whether known or unknown and whether at law or in equity, arising out of, related to or in connection with (a) any project undertaken or attempted to be undertaken by Customer, including, without limitation, the removal of, installation of, or use of any equipment, load reduction or demand response measures in connection with the Program, (b) the review, rejection or approval of this Agreement, any worksheets, attachments or addendums by the Company or its contractors or representatives, or (c) the determination of the total incentive amounts due to Customer or Applicant. NO REPRESENTATIONS OR WARRANTIES: NEITHER THE EQUIPMENT WITHOUT COMPANY NOR ITS CONTRACTORS, REPRESENTATIVES OR AGENTS MAKE ANY ASSISTANCE FROM LESSOR, ITS AGENTS REPRESENTATION OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE WARRANTY OF ANY KIND (WHETHER ARISING BY IMPLICATION OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, BY OPERATION OF LAW) WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT PROGRAM, ANY PROJECT, THE ADEQUACY OF ANY PROJECT DESIGN OR PLAN OR ENERGY EFFICIENCY OR DEMAND MANAGEMENT MEASURE OR ANY COMPONENT THEREOFEQUIPMENT, CONSTRUCTION OR INSTALLATION OF EQUIPMENT OR THE AMOUNT OF INCENTIVES TO BE PAID WITH RESPECT TO A PROJECT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OR REPRESENTATIONS AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSEOTHER MATTER. THIS PROVISION SHALL SURVIVE THE EXPIRATION, USE TERMINATION OR OPERATIONCANCELLATION OF THIS AGREEMENT AND THE PROGRAM AND ANY PARTICIPATION THEREIN BY APPLICANT (AND CUSTOMER, SAFETYIF DIFFERENT). LIABILITY LIMITATION: IN NO EVENT IS THE COMPANY OR ANY OF ITS CONTRACTORS, PATENTREPRESENTATIVES OR AGENTS RESPONSIBLE TO APPLICANT OR CUSTOMER FOR ANY INDIRECT, TRADEMARK INCIDENTAL, SPECIAL, EXEMPLARY OR COPYRIGHT INFRINGEMENTCONSEQUENTIAL DAMAGES, OR TITLEINCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REGARDLESS OF WHETHER THOSE DAMAGES WERE FORESEEABLE. All such risksRELEASE; INDEMNIFICATION: To the fullest extent permitted by law, as between Lessor Customer and LesseeApplicant each, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or on behalf of themselves and any other person with respect or entity claiming by and through either of them, hereby irrevocably and unconditionally releases and forever discharges, and agrees to any of defend, indemnify, and hold harmless the following; Company, its affiliated entities, and their respective contractors, past, present and future officers, directors, trustees, shareholders, employees, agents, representatives, successors and assigns (i) any liabilitycollectively, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentthe “Indemnified Parties”), from and against, any inadequacy thereofand all claims, charges, complaints, causes of action, damages, losses, costs, interest, and liabilities of any deficiency kind or defect (latent nature whatsoever, including reasonable attorney’s fees, court costs, costs of experts and costs of investigation, whether known or otherwise) of the Equipmentunknown and whether at law or in equity arising from, related to or in any other circumstance in connection way connected with the Equipment; (iia) Applicant’s or Customer’s participation in the useProgram, operation including, without limitation, the removal of any equipment or the design, installation or performance of any Equipment energy efficiency or any risks relating to it; (iii) any interruption of servicedemand management measure or equipment, loss of business or anticipated profits or consequential damages; or (ivb) Customer’s or Applicant’s Agreement to participate in the deliveryProgram (whether accepted or rejected). Accordingly, operationthe Company recommends that all Applicants (and Customers, servicingif different) consider engaging qualified engineers or other qualified consultants to evaluate the risks and benefits of participation in the Program and the implementation, maintenance, repair, improvement operation or replacement use of any Equipmentproject or measure on energy consumption, cost savings, or the operation of Customers’ facilities. IfApplicant (and Customer, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of if different) understands that this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier not be approved if the Company determines that the proposed project does not meet the requirements of the Equipment at Lessee's sole cost Program. Applicant (and expenseCustomer, in if different) understands that final payment of any incentive amounts is contingent on satisfaction of all terms and conditions of the name of and for the account of Lessor and/or Lessee, as their interests may appearProgram.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORThe Polycom Cloud, Software, Documentation, and all other data and materials made available via the Internet or otherwise provided to Customer in connection with this Agreement by Polycom are provided “AS IS” and “AS AVAILABLE,” without representations or warranties of any kind. POLYCOM AND ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKESUPPLIERS MAKE NO WARRANTIES, HAS NOT MADEEXPRESS, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN STATUTORY, BY OPERATION OF LAW, OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOFOTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGNIMPLIED WARRANTIES OF NONINFRINGEMENT, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS MERCHANTABILITY OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSEWARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, USE COURSE OF DEALING OR OPERATIONUSAGE OF TRADE. POLYCOM DOES NOT WARRANT THAT THE SERVICES WILL BE PROVIDED ERROR-FREE, SAFETYUNINTERRUPTED, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENTSECURE, OR TITLEVIRUS- FREE. All such risksWITHOUT LIMITING THE FOREGOING, as between Lessor TO THE EXTENT POLYCOM MAY NOT AS A MATTER OF LAW DISCLAIM ANY WARRANTY, THE PARTIES AGREE THAT THE SCOPE AND DURATION OF ANY SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW. Neither Polycom, nor its third- party service or software providers, suppliers or subcontractors shall have any liability whatsoever for the accuracy, completeness, timeliness, security, or integrity of the Customer Data, or for any decision made or action taken by Customer or any conferencing participant in reliance upon any Customer Data. The parties agree and Lessee, are acknowledge that Polycom shall in no event be held responsible for any problems with the Polycom Cloud attributable to the public Internet infrastructure or Customer’s ability to be borne by Lessee. Without limiting connected to the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearInternet.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORAs a material part of the consideration for this Sale Contract, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKESeller and Buyer agree that the Property is being sold “AS IS, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORALWHERE IS, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOFALL FAULTS” and with all burdens, INCLUDINGcircumstances, WITHOUT LIMITATIONdefects, ANY WARRANTY AS TO DESIGNfaults, COMPLIANCE WITH SPECIFICATIONSdangers, QUALITY OF MATERIALS OR WORKMANSHIPhazards, MERCHANTABILITYissues, FITNESS FOR ANY PURPOSEmaterial facts, USE OR OPERATIONproblems, SAFETYand other relevant matters, PATENTwhether latent or patent, TRADEMARK OR COPYRIGHT INFRINGEMENTwhether past, OR TITLE. All such riskspresent, as between Lessor or future, and Lesseewhether or not referenced herein, are to be borne by Lessee. Without limiting or in the foregoingTerms of Auction, Lessor shall and Buyer knowingly, voluntarily, unconditionally, and irrevocably waives, releases, and discharges Seller and Auction Team from any claim that Buyer may otherwise have no responsibility or liability to Lessee or any other person had with respect to the Property, the Auction, this Sale Contract, and the transaction contemplated. To the fullest extent allowed by law, Seller and Auction Team unconditionally disclaim any guarantee, representation, and warranty of every kind, whether expressed, implied, or statutory, whether oral or written, with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all matters referenced therein (including, but not limited to, all matters referred to within this Article, plus the section on “Bidder’s Due Diligence” included in the Terms of Auction), plus all other relevant matters, whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere, except for limited warranties that may be given by Seller to Buyer in the deed of conveyance, or as expressly stated herein. Maps, depictions, and sketches included in the marketing material for the Auction are for illustration purposes only and neither Seller nor Auction Team warrants or guarantees these materials or related information to be accurate or complete. Buyer acknowledges and agrees that it is Buyer’s exclusive responsibility to make and independently verify such factual, legal, and other inquiries, inspections, investigations, and studies as Buyer deems appropriate, desirable, and necessary with respect to the Property, the Auction, this Sale Contract, and this sale, all of which will be at Buyer’s exclusive cost, and Seller and Auction Team will have no liability whatsoever on any basis or in any amount. Buyer acknowledges and agrees that, in executing this Sale Contract and purchasing the Property, Buyer is not relying upon any agreement, covenant, guarantee, promise, representation, or warranty of any kind or character whatsoever that Seller and Auction Team have disclaimed, nor is Buyer relying upon any assertion, brochure, claim, document, information, literature, map, projection, sketch, or statement of any kind with respect to the Property and any improvements thereon, including the surrounding area and all relevant circumstances, facts, issues, and matters, whether past, present, or future, whether expressed or implied, whether oral or written, whether material or immaterial, and whether given or made by, or on behalf of, Seller or Auction Team. Instead, Buyer is relying solely upon Buyer’s independent due diligence, inspection, investigation, and findings with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all relevant matters whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere. Seller and Auction Team will not be liable to Buyer for any relief, including, but not limited to, adjustment, allowance, damages, reformation, or rescission, based upon the failure of the following; (i) Property to conform to any liabilityspecific condition, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentexpectation, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmentstandard, or any other circumstance in connection with the Equipment; (ii) the use, operation third- party documents or performance of any Equipment or any risks relating information. Buyer will look only to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. IfSeller, and so long asnot Auction Team, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during with respect to all matters regarding the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier sale of the Equipment at Lessee's sole cost Property and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearthis Sale Contract.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORAs a material part of the consideration for this Agreement, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKESeller and Xxxxx agree that the Property is being sold “AS IS, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORALWHERE IS, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOFALL FAULTS” and with all burdens, INCLUDINGcircumstances, WITHOUT LIMITATIONdefects, ANY WARRANTY AS TO DESIGNfaults, COMPLIANCE WITH SPECIFICATIONSdangers, QUALITY OF MATERIALS OR WORKMANSHIPhazards, MERCHANTABILITYissues, FITNESS FOR ANY PURPOSEmaterial facts, USE OR OPERATIONproblems, SAFETYand other relevant matters, PATENTwhether latent or patent, TRADEMARK OR COPYRIGHT INFRINGEMENTwhether past, OR TITLE. All such riskspresent, as between Lessor or future, and Lesseewhether or not referenced herein, are to be borne by Lessee. Without limiting or in the foregoingTerms of Auction, Lessor shall and Buyer knowingly, voluntarily, unconditionally, and irrevocably waives, releases, and discharges Seller and Auctioneer/Broker from any claim that Buyer may otherwise have no responsibility or liability to Lessee or any other person had with respect to the Property, the Auction, this Sale Contract, and the transaction contemplated. To the fullest extent allowed by law, Seller and Auctioneer/Broker conditionally disclaim any guarantee, representation, and warranty of every kind, whether expressed, implied, or statutory, whether oral or written, with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all matters referenced therein (including, but not limited to, all matters referred to within this Article, plus the section on “Bidder and Property Information” included in the Terms of Auction), plus all other relevant matters, whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere, except for limited warranties that may be given by Seller to Buyer in the deed of conveyance, or as expressly stated herein. Maps, depictions, and sketches included in the marketing material for the Auction are for illustration purposes only and neither Seller nor Auctioneer/Broker warrants or guarantees these materials or related information to be accurate or complete. Buyer acknowledges and agrees that it is Xxxxx’s exclusive responsibility to make and independently verify such factual, legal, and other inquiries, inspections, investigations, and studies as Buyer deems appropriate, desirable, and necessary with respect to the Property, the Auction, this Sale Contract, and this sale, all of which will be at Buyer’s exclusive cost, and Seller and Auctioneer/Broker will have no liability whatsoever on any basis or in any amount. Buyer acknowledges and agrees that, in executing this Sale Contract and purchasing the Property, Buyer is not relying upon any agreement, covenant, guarantee, promise, representation, or warranty of any kind or character whatsoever that Seller and Auctioneer/Broker have disclaimed, nor is Buyer relying upon any assertion, brochure, claim, document, information, literature, map, projection, sketch, or statement of any kind with respect to the Property and any improvements thereon, including the surrounding area and all relevant circumstances, facts, issues, and matters, whether past, present, or future, whether expressed or implied, whether oral or written, whether material or immaterial, and whether given or made by, or on behalf of, Seller or Auctioneer/Broker. Instead, Buyer is relying solely upon Buyer’s independent due diligence, inspection, investigation, and findings with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all relevant matters whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere. Seller and Auctioneer/Broker will not be liable to Buyer for any relief, including, but not limited to, adjustment, allowance, damages, reformation, or rescission, based upon the failure of the following; (i) Property to conform to any liabilityspecific condition, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentexpectation, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmentstandard, or any other circumstance in connection with the Equipment; (ii) the use, operation third-party documents or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearinformation.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ARTICLE V (INCLUDING THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORRELIANT DISCLOSURE SCHEDULE), ITS AGENTS RELIANT IS MAKING NO REPRESENTATION OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGNTHE ACQUIRED ASSETS, COMPLIANCE WITH SPECIFICATIONSTHE PRODUCT OR THE PRODUCT LINE OPERATIONS, QUALITY AND OSCIENT ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE PROVIDED HEREIN, RELIANT IS SELLING AND CONVEYING THE ACQUIRED ASSETS AND THE PRODUCT ON AN “AS IS, WHERE IS” BASIS. EXCEPT TO THE EXTENT OF MATERIALS THE EXPRESS REPRESENTATIONS, WARRANTIES, AGREEMENTS AND COVENANTS CONTAINED IN THIS AGREEMENT, OSCIENT IS ACQUIRING THE ACQUIRED ASSETS AND THE PRODUCT IN RELIANCE ON ITS OWN INVESTIGATION AND ON AN “AS IS, WHERE IS” BASIS AND WITHOUT RECOURSE AND WITHOUT ANY REPRESENTATION OR WORKMANSHIP, WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, USE NON INFRINGEMENT OR OPERATIONANY OTHER IMPLIED OR EXPRESS WARRANTIES WHATSOEVER. Oscient acknowledges and agrees that, SAFETYexcept as otherwise expressly set forth in Article V (including the Reliant Disclosure Schedules), PATENTnone of Reliant, TRADEMARK OR COPYRIGHT INFRINGEMENTits Affiliates nor any of their respective representatives has made any representation or warranty, OR TITLE. All such risksexpress or implied, as between Lessor and Lesseeto the accuracy or completeness of any memoranda, are charts, summaries, projections or schedules heretofore made available by Reliant or its representatives to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the EquipmentOscient, or any other circumstance information that is not included in connection with this Agreement or referred to on the Equipment; (ii) Schedules hereto, and except for the useinformation included in this Agreement or referred to on the Schedules, operation neither Reliant, nor any of its representatives will have or performance be subject to any Liability to Oscient, Parent, any of its Affiliates or their representatives resulting from the distribution of any Equipment such information to, or the use of any such information by, Oscient, any of its Affiliates or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearrepresentatives.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT AIRCRAFT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEESEMPLOYEES AND THAT LESSOR IS LEASING THE AIRCRAFT IN AN "AS IS" CONDITION. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT AIRCRAFT LEASED UNDER THIS AGREEMENT LEASE OR ANY COMPONENT THEREOF, OR ANY ENGINE INSTALLED THEREON, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO CONDITION, AIRWORTHINESS, DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentthe Aircraft, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the EquipmentAircraft, or any other circumstance in connection with the EquipmentAircraft; (ii) the use, operation or performance of any Equipment the Aircraft or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipmentthe Aircraft. If, and so long as, no default exists Event of Default continues under this AgreementLease, Lessee shall be, and hereby is, authorized during the term Term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any manufacturer or supplier of the Aircraft.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL LESSOR BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE LP ACKNOWLEDGES THAT IT HAS SELECTED MCM IS LEASING THE EQUIPMENT AIRCRAFT IN AN “AS IS” CONDITION (SUBJECT TO ANY VENDOR OR MANUFACTURER OBLIGATIONS OR WARRANTIES, THE BENEFITS OF WHICH MCM IS ASSIGNING, TO THE EXTENT ASSIGNABLE, TO LP HEREUNDER BUT FOR WHICH LP WILL LOOK ONLY TO VENDOR OR MANUFACTURER AND NOT TO MCM), WITHOUT ANY ASSISTANCE FROM LESSORREPRESENTATION OR WARRANTY OF MCM. EXCEPT AS PROVIDED IN SECTION 18, ITS AGENTS OR EMPLOYEES. LESSOR MCM DOES NOT MAKE, HAS NOT MADE, NOR SHALL WILL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT AIRCRAFT LEASED UNDER THIS AGREEMENT LEASE OR ANY COMPONENT THEREOF, INCLUDINGOR ANY ENGINE INSTALLED THEREON, WITHOUT LIMITATION, INCLUDING ANY WARRANTY AS TO CONDITION, AIRWORTHINESS, DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risksrisks during the Term, as between Lessor MCM and LesseeLP solely, are to be borne by LesseeLP. Without limiting the foregoing, Lessor shall MCM will have no responsibility or liability to Lessee or any other person LP with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused during the Term directly or indirectly by any Equipmentthe Aircraft, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the EquipmentAircraft, or any other circumstance in connection with the EquipmentAircraft; (ii) the use, operation or performance of any Equipment the Aircraft during the Term or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damagesthereto; or (iviii) the delivery, operation, servicing, maintenance, repair, improvement or replacement of the Aircraft during the Term. Neither party will have any Equipmentobligation to the other for any interruption of service, loss of business or anticipated profits or consequential damages. If, and so long as, no default Event of Default by LP exists under this AgreementLease, Lessee shall (i) LP will be, and hereby is, authorized during the term of this Agreement Term to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's LP’s sole cost and expense, in the name of and for the account of Lessor MCM and/or LesseeLP, as their interests may appear, whatever claims and rights MCM may have against any manufacturer of, or any vendor with respect to, the Aircraft and (ii) to the extent permitted by a manufacturer or vendor that has provided a warranty to MCM, MCM assigns such warranty to LP, if any, and LP will re-assign such warranty, if any, to MCM on the Return Date. Nothing in this section 16 will be deemed to disclaim or waive the responsibility or liability of MCM to LP caused by its gross negligence or willful misconduct, its breach of this Lease or its acts or omissions prior to, or after, the Term.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORAs a material part of the consideration for this Sale Contract, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKESeller and Buyer agree that the Property is being sold “AS IS, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORALWHERE IS, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOFALL FAULTS” and with all burdens, INCLUDINGcircumstances, WITHOUT LIMITATIONdefects, ANY WARRANTY AS TO DESIGNfaults, COMPLIANCE WITH SPECIFICATIONSdangers, QUALITY OF MATERIALS OR WORKMANSHIPhazards, MERCHANTABILITYissues, FITNESS FOR ANY PURPOSEmaterial facts, USE OR OPERATIONproblems, SAFETYand other relevant matters, PATENTwhether latent or patent, TRADEMARK OR COPYRIGHT INFRINGEMENTwhether past, OR TITLE. All such riskspresent, as between Lessor or future, and Lesseewhether or not referenced herein, are to be borne by Lessee. Without limiting or in the foregoingTerms of Auction, Lessor shall and Buyer knowingly, voluntarily, unconditionally, and irrevocably waives, releases, and discharges Seller and Auctioneer from any claim that Buyer may otherwise have no responsibility or liability to Lessee or any other person had with respect to the Property, the Auction, this Sale Contract, and the transaction contemplated. To the fullest extent allowed by law, Seller and Auctioneer unconditionally disclaim any guarantee, representation, and warranty of every kind, whether expressed, implied, or statutory, whether oral or written, with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all matters referenced therein (including, but not limited to, all matters referred to within this Article, plus the section on “Bidder’s Due Diligence” included in the Terms of Auction), plus all other relevant matters, whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere, except for limited warranties that may be given by Seller to Buyer in the deed of conveyance, or as expressly stated herein. Maps, depictions, and sketches included in the marketing material for the Auction are for illustration purposes only and neither Seller nor Auctioneer warrants or guarantees these materials or related information to be accurate or complete. Buyer acknowledges and agrees that it is Buyer’s exclusive responsibility to make and independently verify such factual, legal, and other inquiries, inspections, investigations, and studies as Buyer deems appropriate, desirable, and necessary with respect to the Property, the Auction, this Sale Contract, and this sale, all of which will be at Buyer’s exclusive cost, and Seller and Auctioneer will have no liability whatsoever on any basis or in any amount. Buyer acknowledges and agrees that, in executing this Sale Contract and purchasing the Property, Buyer is not relying upon any agreement, covenant, guarantee, promise, representation, or warranty of any kind or character whatsoever that Seller and Auctioneer have disclaimed, nor is Buyer relying upon any assertion, brochure, claim, document, information, literature, map, projection, sketch, or statement of any kind with respect to the Property and any improvements thereon, including the surrounding area and all relevant circumstances, facts, issues, and matters, whether past, present, or future, whether expressed or implied, whether oral or written, whether material or immaterial, and whether given or made by, or on behalf of, Seller or Auctioneer. Instead, Buyer is relying solely upon Buyer’s independent due diligence, inspection, investigation, and findings with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all relevant matters whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere. Seller and Auctioneer will not be liable to Buyer for any relief, including, but not limited to, adjustment, allowance, damages, reformation, or rescission, based upon the failure of the following; (i) Property to conform to any liabilityspecific condition, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentexpectation, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmentstandard, or any other circumstance in connection with the Equipment; (ii) the use, operation third-party documents or performance of any Equipment or any risks relating information. Buyer will look only to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. IfSeller, and so long asnot Auctioneer, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during with respect to all matters regarding the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier sale of the Equipment at Lessee's sole cost Property and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearthis Sale Contract.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce enforce, whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's ’s sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORAs a material part of the consideration for this Sale Contract, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKESeller and Buyer agree that the Property is being sold “AS IS, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORALWHERE IS, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOFALL FAULTS” and with all burdens, INCLUDINGcircumstances, WITHOUT LIMITATIONdefects, ANY WARRANTY AS TO DESIGNfaults, COMPLIANCE WITH SPECIFICATIONSdangers, QUALITY OF MATERIALS OR WORKMANSHIPhazards, MERCHANTABILITYissues, FITNESS FOR ANY PURPOSEmaterial facts, USE OR OPERATIONproblems, SAFETYand other relevant matters, PATENTwhether latent or patent, TRADEMARK OR COPYRIGHT INFRINGEMENTwhether past, OR TITLE. All such riskspresent, as between Lessor or future, and Lesseewhether or not referenced herein, are to be borne by Lessee. Without limiting or in the foregoingTerms of Auction, Lessor shall and Buyer knowingly, voluntarily, unconditionally, and irrevocably waives, releases, and discharges Seller and Auction Team from any claim that Buyer may otherwise have no responsibility or liability to Lessee or any other person had with respect to the Property, the Auction, this Sale Contract, and the transaction contemplated. To the fullest extent allowed by law, Seller and Auction Team unconditionally disclaim any guarantee, representation, and warranty of every kind, whether expressed, implied, or statutory, whether oral or written, with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all matters referenced therein (including, but not limited to, all matters referred to within this Article, plus the section on “Bidder’s Due Diligence” included in the Terms of Auction), plus all other relevant matters, whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere, except for limited warranties that may be given by Seller to Buyer in the deed of conveyance, or as expressly stated herein. Maps, depictions, and sketches included in the marketing material for the Auction are for illustration purposes only and neither Seller nor Auction Team warrants or guarantees these materials or related information to be accurate or complete. Buyer acknowledges and agrees that it is Xxxxx’s exclusive responsibility to make and independently verify such factual, legal, and other inquiries, inspections, investigations, and studies as Buyer deems appropriate, desirable, and necessary with respect to the Property, the Auction, this Sale Contract, and this sale, all of which will be at Buyer’s exclusive cost, and Seller and Auction Team will have no liability whatsoever on any basis or in any amount. Buyer acknowledges and agrees that, in executing this Sale Contract and purchasing the Property, Buyer is not relying upon any agreement, covenant, guarantee, promise, representation, or warranty of any kind or character whatsoever that Seller and Auction Team have disclaimed, nor is Buyer relying upon any assertion, brochure, claim, document, information, literature, map, projection, sketch, or statement of any kind with respect to the Property and any improvements thereon, including the surrounding area and all relevant circumstances, facts, issues, and matters, whether past, present, or future, whether expressed or implied, whether oral or written, whether material or immaterial, and whether given or made by, or on behalf of, Seller or Auction Team. Instead, Buyer is relying solely upon Buyer’s independent due diligence, inspection, investigation, and findings with respect to the Property, the surrounding area, the Auction, the Terms of Auction and all relevant matters whether past, present, or future, and whether or not referenced herein, in the Terms of Auction, or elsewhere. Seller and Auction Team will not be liable to Buyer for any relief, including, but not limited to, adjustment, allowance, damages, reformation, or rescission, based upon the failure of the following; (i) Property to conform to any liabilityspecific condition, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentexpectation, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmentstandard, or any other circumstance in connection with the Equipment; (ii) the use, operation third-party documents or performance of any Equipment or any risks relating information. Buyer will look only to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. IfSeller, and so long asnot Auction Team, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during with respect to all matters regarding the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier sale of the Equipment at Lessee's sole cost Property and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearthis Sale Contract.

Disclaimer. LESSEE ACKNOWLEDGES LESSEES ACKNOWLEDGE THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL IT BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and LesseeLessees, are to be borne by LesseeLessees. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee Lessees or any other person with respect to any of the following; following (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment, except to the extent caused by the gross negligence or willful misconduct of Lessor or any third party after the expiration of the Term. If, and so long as, no default Default exists under this AgreementLease, Lessee Lessees shall be, and hereby isare, authorized during the term Term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's Lessees' sole cost and expense, from time to time, in the name of and for the account of Lessor and/or LesseeLessees, as their interests may appear, whatever claims and rights Lessor or any Lessee may have against any Supplier of the Equipment. In the event the Lessees receive any amounts with respect to any such claim against any Supplier, and such loss relates to an impairment of the value of or damage to the Equipment, to the extent such loss relates to such impairment or loss, Lessees shall promptly apply such funds to repair, maintain or replace the Equipment, and to the extent not so applied, remit such funds to Lessor. To the extent the proceeds received from the Supplier do not relate to the impairment of the value of or damage to the Equipment, such proceeds shall be retained by Lessees.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED EXCEPT FOR THE EQUIPMENT WITHOUT REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT AND THE EXHIBITS AND SCHEDULES HERETO, OR IN INSTRUMENTS OR CERTIFICATES DELIVERED AT THE CLOSING AND THE ANCILLARY AGREEMENTS, NEITHER SELLER NOR ANY ASSISTANCE FROM LESSOR, OF ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION, EITHER OTHER EXPRESS OR IMPLIED, WRITTEN IMPLIED REPRESENTATION OR ORAL, WARRANTY WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT BUSINESS, THE ACQUIRED ASSETS OR OTHERWISE WITH RESPECT TO ANY COMPONENT THEREOFOTHER INFORMATION PROVIDED TO BUYER, INCLUDINGWHETHER ON BEHALF OF SELLER OR ITS AFFILIATES, WITHOUT LIMITATION, ANY WARRANTY INCLUDING AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS (A) MERCHANTABILITY OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE, (B) THE OPERATION OF THE BUSINESS BY BUYER AFTER THE CLOSING IN ANY MANNER, OR (C) THE PROBABLE SUCCESS OR PROFITABILITY OF THE OWNERSHIP, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLEOPERATION OF THE ACQUIRED ASSETS BY BUYER AFTER THE CLOSING. All such risks, as between Lessor and Lessee, are Neither Seller nor any other Person will have or be subject to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility any liability or liability indemnification obligation to Lessee Buyer or any other person with respect Person resulting from the distribution to Buyer, or Buyer’s use of, any such information, including the Confidential Offering Memorandum prepared by Xxxxxxx Xxxxx & Co. relating to the Business and any information, document or material made available to Buyer in “data rooms,” management presentations, functional “break out” discussions, site visits, responses to questions submitted by or on behalf of Buyer, whether orally or in writing, or in any other form in expectation of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly transactions contemplated by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term Term of this Agreement any Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment leased hereunder at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES, AND, UPON LESSEE’S EXECUTION AND DELIVERY OF THE CERTIFICATE OF ACCEPTANCE, IT ACKNOWLEDGES AND ACCEPTS THE PHYSICAL AND OPERATING STATE OF THE EQUIPMENT AS SATISFACTORY. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. Conformed Copy through Second Amendment dated October 7, 2011 All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person Person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any the Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages, including damages and lost as rendered by any law or court with jurisdiction in the United States of America or any other similar concept under Applicable Law; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term Term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's ’s sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Vendor of the Equipment. Lessee hereby acknowledges that as between Lessor and Lessee, Lessor is not advising Lessee of any accounting, tax, legal or other economic implications of this Agreement or the other Operative Documents, and Lessee represents and warrants to Lessor that it is not relying on Lessor, any Member or any other Person with respect to the legal, tax, accounting and other economic considerations in connection with this Agreement or with the other Operative Documents, other than Lessee’s own accountants, counsel and other advisors. Lessee has such knowledge and experience in financial, accounting, tax and business matters that Lessee is capable of evaluating the merits and risks of all aspects this Agreement and the other Operative Documents.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL LESSOR BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, risks as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee lessee or any other person with respect to any of the following; , regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; , or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH With RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, . SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT EQUIPMENT, THE LEASEHOLD IMPROVEMENTS, AND THE REAL ESTATE UPON WHICH THE LEASEHOLD IMPROVEMENTS ARE CONSTRUCTED, WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT OR LEASEHOLD IMPROVEMENTS LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; following (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any EquipmentEquipment or Leasehold Improvements, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or Leasehold Improvements or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any EquipmentEquipment or Leasehold Improvements. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment or Leasehold Improvements.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLETITLE (except that Lessor warrants that it has received such title to the Equipment as was conveyed to it, free and clear of all liens and encumbrances created by Lessor). All such of the foregoing risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; following (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT AIRCRAFT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEESEMPLOYEES AND THAT LESSOR IS LEASING THE AIRCRAFT IN AN "AS IS" CONDITION. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT AIRCRAFT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, OR ANY ENGINE INSTALLED THEREON, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO CONDITION, AIRWORTHINESS, DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any EquipmentAircraft, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment Aircraft or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any EquipmentAircraft. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Term to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipment; therewith, (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL LESSOR BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any EquipmentEquipment unless such loss arises from Lessor's gross negligence or willful misconduct. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , except to the extent directly resulting from the negligence or misconduct of Lessor: (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person Person with respect to any of the following; following (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED Applicant and Customer each acknowledge and agree that their submission of this Agreement and, if applicable, participation in the Program, are completely voluntary. Applicant and Customer further acknowledge and agree that neither the Company nor its affiliated entities nor their respective trustees, directors, officers, shareholders, employees, contractors, agents or representatives shall be liable to Customer or Applicant or to any other person or entity for any claim, charge, complaint, cause of action, damage, loss, agreement or liability of any kind or nature whatsoever, whether known or unknown and whether at law or in equity, arising out of, related to or in connection with (a) any Project undertaken or attempted to be undertaken by Customer, including, without limitation, the removal of, installation of, or use of any equipment, load reduction or demand response measures in connection with the Program, (b) the review, rejection or approval of this Agreement, any worksheets, attachments or addendums by the Company or its contractors or representatives, or (c) the determination of the total incentive amounts due to Customer or Applicant. NO REPRESENTATIONS OR WARRANTIES: NEITHER THE EQUIPMENT WITHOUT COMPANY NOR ITS CONTRACTORS, REPRESENTATIVES OR AGENTS MAKE ANY ASSISTANCE FROM LESSOR, ITS AGENTS REPRESENTATIONOR WARRANTY OF ANY KIND (WHETHER ARISING BY IMPLICATION OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, BY OPERATION OF LAW) WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT PROGRAM, ANY PROJECT, THE ADEQUACY OF ANY PROJECT DESIGN OR PLAN OR ENERGY EFFICIENCY OR DEMAND MANAGEMENT MEASURE OR ANY COMPONENT THEREOFEQUIPMENT,CONSTRUCTION OR INSTALLATION OF EQUIPMENT OR THE AMOUNT OF INCENTIVES TO BE PAID WITH RESPECT TO A PROJECT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OR REPRESENTATIONS AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSEOTHER MATTER. THIS PROVISION SHALL SURVIVE THE EXPIRATION, USE TERMINATION OR OPERATIONCANCELLATION OF THIS AGREEMENT AND THE PROGRAM AND ANY PARTICIPATION THEREIN BY APPLICANT (AND CUSTOMER, SAFETYIF DIFFERENT). LIABILITY LIMITATION: IN NO EVENT IS EITHER PARTY (INCLUDING BY OR THROUGH ANY OF ITS CONTRACTORS, PATENTREPRESENTATIVES OR AGENTS) RESPONSIBLE TO THE OTHER PARTY FOR ANY INDIRECT, TRADEMARK INCIDENTAL, SPECIAL, EXEMPLARY OR COPYRIGHT INFRINGEMENTCONSEQUENTIAL DAMAGES, OR TITLEINCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REGARDLESS OF WHETHER THOSE DAMAGES WERE FORESEEABLE. All such risksRELEASE; INDEMNIFICATION: To the fullest extent permitted by law, as between Lessor Customer and LesseeApplicant each, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or on behalf of themselves and any other person with respect or entity claiming by and through either of them, hereby irrevocably and unconditionally releases and forever discharges, and agrees to any of defend, indemnify, and hold harmless the following; Company, its affiliated entities, and their respective contractors, past, present and future officers, directors, trustees, shareholders, employees, agents, representatives, successors and assigns (i) any liabilitycollectively, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentthe “Indemnified Parties”), from and against, any inadequacy thereofand all claims, charges, complaints, causes of action, damages, losses, costs, interest, and liabilities of any deficiency kind or defect (latent nature whatsoever, including reasonable attorney’s fees, court costs, costs of experts and costs of investigation, whether known or otherwise) of the Equipmentunknown and whether at law or in equity arising from, related to or in any other circumstance in connection way connected with the Equipment; (iia) Applicant’s or Customer’s participation in the useProgram, operation including, without limitation, the removal of any equipment or the design, installation or performance of any Equipment energy efficiency or any risks relating to it; (iii) any interruption of servicedemand management measure or equipment, loss of business or anticipated profits or consequential damages; or (ivb) Customer’s or Applicant’s Agreement to participate in the deliveryProgram (whether accepted or rejected). Accordingly, operationthe Company recommends that all Applicants (and Customers, servicingif different) consider engaging qualified engineers or other qualified consultants to evaluate the risks and benefits of participation in the Program and the implementation, maintenance, repair, improvement operation or replacement use of any Equipmentproject or measure on energy consumption, cost savings, or the operation of Customers’ facilities. IfApplicant (and Customer, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of if different) understands that this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier not be approved if the Company determines that the proposed project does not meet the requirements of the Equipment at Lessee's sole cost Program. Applicant (and expenseCustomer, in if different) understands that final payment of any incentive amounts is contingent on satisfaction of all terms and conditions of the name of and for the account of Lessor and/or Lessee, as their interests may appearProgram.

Disclaimer. LESSEE The officers, employees, directors and agents of NATO, and the managing director, employees and agents of CBG-NATO, will not be liable, responsible or accountable in damages or otherwise to the Participants for any action taken or failure to act on behalf of CBG-NATO in good faith (except when such action or failure to act constitutes gross negligence or willful or wanton misconduct), whether or not caused, or alleged to be caused, in whole or in part, by the joint or several negligence, breach of contract or other breach of duty on the part of NATO, its officers, employees, directors or agents, or CBG-NATO, its officers, directors, employees or agents. EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORNATO AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND CBG-NATO AND ITS MANAGING DIRECTOR, EMPLOYEES, AND AGENTS OR EMPLOYEES. LESSOR DOES DO NOT MAKE, HAS HAVE NOT MADE, NOR SHALL WILL HAVE NO AUTHORITY TO MAKE, AND WILL NOT BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED GOODS AND SERVICES TO BE PURCHASED FROM APPROVED VENDORS UNDER THIS AGREEMENT OR ANY COMPONENT THEREOFTHE GROUP BUYING PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO ACCURACY IN ADVERTISING, DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, INFRINGEMENT OR TITLE. All such risks, as between Lessor Approved Vendors, NATO, CBG-NATO and Lesseethe Participants, are to be borne by Lesseethe Participants. Without limiting the foregoing, Lessor shall neither NATO nor CBG-NATO will have no any responsibility or liability to Lessee the Participants or any other person with respect to any the following, regardless of the following; (i) any liability, loss negligence of NATO or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the EquipmentCBG- NATO, or any other circumstance in connection with the Equipment; (ii) the usetheir officers, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of servicedirectors, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, employees and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.agents:

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE FACILITY AND THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES, AND IT ACKNOWLEDGES AND ACCEPTS THE PHYSICAL AND OPERATING STATE OF THE FACILITY AND THE EQUIPMENT AS SATISFACTORY. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE FACILITY OR THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person Person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by the Facility or any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any the Facility or the Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages, including damages and lost profits (xxxxx y perjuicios) as rendered by any law or court with jurisdiction in Mexico or any other similar concept under Applicable Law; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term Term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Facility or Equipment.

Disclaimer. LESSEE ACKNOWLEDGES LESSEES ACKNOWLEDGE THAT IT HAS THEY HAVE SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORLESSORS, ITS AGENT, OR THEIR AGENTS OR EMPLOYEES. LESSOR DOES LESSORS AND AGENT DO NOT MAKE, HAS HAVE NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, risks are to be borne by LesseeLessees. Without limiting the foregoing, Lessor Lessors and Agent shall have no responsibility or liability to Lessee Lessees or any other person with respect to any of the following; following (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment, except for such responsibilities or liabilities that arise out of the gross negligence or willful misconduct of the Agent or any such Lessor as determined by a final judgment of a court of competent jurisdiction. If, and so long as, no default Event of Default exists under this AgreementLease, Lessee Lessees shall be, and hereby isare, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's Lessees' sole cost and expense, from time to time, in the name of and for the account of Lessor Lessors and/or LesseeLessees, as their interests may appear, whatever claims and rights Lessors may have against any supplier of the Equipment.

Disclaimer. This section is hereby amended and replaced with the following: "LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT AND LEASEHOLD IMPROVEMENTS WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT AND LEASEHOLD IMPROVEMENTS LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any EquipmentEquipment or Leasehold Improvement, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the EquipmentEquipment or Leasehold Improvement, or any other circumstance in connection with the EquipmentEquipment or Leasehold Improvement; (ii) the use, operation or performance of any Equipment or Leasehold Improvement or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any EquipmentEquipment or Leasehold Improvement. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce enforce, whatever claims and rights Lessor may have against any Supplier of the Equipment or Leasehold Improvement at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear."

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, Lessee are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All ALL such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person Person with respect to any of the following; following (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person Person with respect to any of the following; following (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE SUBLESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR Except as may be provided in the Master Establishment and Transition Agreement, between Sublessor and Sublessee dated _____________, 2000 ("MEAT Agreement"), SUBLESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Sublessor and Sublessee, or between Lessor and LesseeSublessee, are to be borne by LesseeSublessee. Without limiting the foregoing, Lessor and except as may be provided in the MEAT Agreement, Sublessor shall have no responsibility or liability to Lessee Sublessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementSublease, Lessee Sublessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at LesseeSublessee's sole cost and expense, from time to time, in the name of and for the account of Lessor Lessor, Sublessor and/or Lessee104 Sublessee, as their interests may appear, whatever claims and rights Sublessor or Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; following (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default Default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor or Lessee may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY WARRANT OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoingforgoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or Dr any risks relating to In it; (iii) any interruption of service, loss of business business, or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce enforce, whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLETITLE (except as provided in Section XIX(f)). All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment. At Lessee's request and expense, Lessor agrees to pursue enforcement of any manufacturer's warranty that is not assignable to Lessee.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT AIRCRAFT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEESEMPLOYEES AND THAT LESSOR IS LEASING THE AIRCRAFT IN AN "AS IS" CONDITION SUBJECT TO ANY SUPPLIER OR OUTFITTER WARRANTIES (THE BENEFITS OF WHICH LESSOR HEREBY ASSIGNS TO LESSEE). LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT AIRCRAFT LEASED UNDER THIS AGREEMENT LEASE OR ANY COMPONENT THEREOF, OR ANY ENGINE INSTALLED THEREON, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO CONDITION, AIRWORTHINESS, DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentthe Aircraft, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the EquipmentAircraft, or any other circumstance in connection with the EquipmentAircraft; (ii) the use, operation or performance of any Equipment the Aircraft or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipmentthe Aircraft. If, and so long as, no default Event of Default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term Term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Aircraft. Nothing in this paragraph shall be deemed to disclaim or waive the responsibility or liability of Lessor caused by its gross negligence or willful misconduct or its breach of this Lease.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne done by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; , (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; , or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce enforce, whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, . ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, . QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.any

Disclaimer. LESSEE The officers, employees, directors and agents of NATO, and the managing director, employees and agents of CBG-NATO, will not be liable, responsible or accountable in damages or otherwise to the Participants for any action taken or failure to act on behalf of CBG-NATO in good faith (except when such action or failure to act constitutes gross negligence or willful or wanton misconduct), whether or not caused, or alleged to be caused, in whole or in part, by the joint or several negligence, breach of contract or other breach of duty on the part of NATO, its officers, employees, directors or agents, or CBG-NATO its officers, directors, employees or agents. EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORNATO AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND CBG-NATO AND ITS MANAGING DIRECTOR, EMPLOYEES, AND AGENTS OR EMPLOYEES. LESSOR DOES DO NOT MAKE, HAS HAVE NOT MADE, NOR SHALL WILL HAVE NO AUTHORITY TO MAKE, AND WILL NOT BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED GOODS AND SERVICES TO BE PURCHASED FROM APPROVED VENDORS UNDER THIS AGREEMENT OR ANY COMPONENT THEREOFTHE GROUP BUYING PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO ACCURACY IN ADVERTISING, DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, INFRINGEMENT OR TITLE. All such risks, as between Lessor Approved Vendors, NATO, CBG-NATO and Lesseethe Participants, are to be borne by Lesseethe Participants. Without limiting the foregoing, Lessor shall neither NATO nor CBG-NATO will have no any responsibility or liability to Lessee the Participants or any other person with respect to any the following, regardless of the following; (i) any liability, loss negligence of NATO or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the EquipmentCBG- NATO, or any other circumstance in connection with the Equipment; (ii) the usetheir officers, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of servicedirectors, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, employees and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.agents:

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE THIS EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT COMPONENT, THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, risks as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKEMAKE , HAS AHS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, Lessee are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any an Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, If and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOREXCEPT AS SPECIFIED IN THIS WARRANTY, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER ALL EXPRESS OR IMPLIEDIMPLIED CONDITIONS, WRITTEN OR ORALREPRESENTATIONS, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, USE NONINFRINGEMENT OR OPERATIONARISING FROM A COURSE OF DEALING, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENTUSAGE, OR TITLETRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL ETI OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF ETI OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall ETI's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which ETI does not receive a license fee. All such riskssoftware products are provided AS IS without any warranty whatsoever. This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from ETI if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. This License shall be governed by and construed in accordance with the laws of the State of North Dakota, United States of America, as between Lessor if performed wholly within the state and Lessee, are without giving effect to the principles of conflict of law. If any portion hereof is found to be borne by Lesseevoid or unenforceable, the remaining provisions of this License shall remain in full force and effect. Without limiting This License constitutes the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person entire License between the parties with respect to any the use of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearSoftware.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT AIRCRAFT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEESEMPLOYEES AND THAT LESSOR IS LEASING THE AIRCRAFT IN AN “AS IS” CONDITION. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT AIRCRAFT LEASED UNDER THIS AGREEMENT LEASE OR ANY COMPONENT THEREOF, OR ANY ENGINE INSTALLED THEREON, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO CONDITION, AIRWORTHINESS, DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentthe Aircraft, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the EquipmentAircraft, or any other circumstance in connection with the EquipmentAircraft; (ii) the use, operation or performance of any Equipment the Aircraft or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipmentthe Aircraft. If, and so long as, no default exists Event of Default has occurred and is continuing under this AgreementLease, Lessee shall be, and hereby is, authorized during the term Term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's ’s sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Aircraft.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, DESIGN COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy adequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipmentequipment; (ii) the use, operation or performance of any Equipment equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; , or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipmentequipment. If, and so long as, no default exists under this Agreementagreement, Lessee lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor lessor may have against any Supplier supplier of the Equipment at LesseeLessor's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT VEHICLES WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT VEHICLES LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, during the Term of this Agreement and any renewal thereof or holdover period, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; following (i1) any liability, loss or damage caused or alleged to be caused directly or indirectly by any EquipmentVehicles, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the EquipmentVehicles, or any other circumstance in connection with the EquipmentVehicles; (ii2) the use, operation or performance of any Equipment Vehicles or any risks relating to it; (iii3) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv4) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any EquipmentVehicles. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term Term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment Vehicles at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOREXCEPT AS SPECIFIED IN THIS WARRANTY, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER ALL EXPRESS OR IMPLIEDIMPLIED CONDITIONS, WRITTEN OR ORALREPRESENTATIONS, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, USE NONINFRINGEMENT OR OPERATIONARISING FROM A COURSE OF DEALING, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENTUSAGE, OR TITLETRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL TUCOWS OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF TUCOWS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Tucows’ or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary functionality or any software for which Tucows does not receive a license fee. All such riskssoftware products are provided AS IS without any warranty whatsoever. This License is effective until terminated. Customer may terminate this License at any time by disabling the Storefront and destroying all copies of Software, as between Lessor and Lesseeif any, are including any documentation. This License will terminate immediately without notice from Tucows if Customer fails to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or comply with any other person with respect to any of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term provision of this Agreement to assert License. Upon termination, Customer must disable the Storefront functionality and enforce whatever claims and rights Lessor may have against any Supplier destroy all copies, if any, of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearSoftware.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR (EXCEPT AS EXPRESSLY PROVIDED HEREIN) TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; following (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED Lessee acknowledges that no Lessor is the manufacturer of the Equipment, the manufacturer’s agent or a dealer therein; the Equipment is of a size, design, capacity, description and manufacture selected by Lessee; Lessee is satisfied that all licenses and rights necessary to install, use and operate the Equipment have been obtained and that the Equipment is suitable and fit for its purposes; and THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORIS LEASED HEREUNDER “AS IS, ITS AGENTS OR EMPLOYEES. WHERE IS” AND WITH ALL FAULTS, AND NO LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADEDOES ANY LESSOR MAKE, AND EACH LESSOR SPECIFICALLY DISCLAIMS, ANY WARRANTY OR REPRESENTATIONREPRESENTATION WHATSOEVER, EITHER EXPRESS OR IMPLIEDIMPLIED AND ALL OTHER WARRANTIES OTHERWISE ARISING BY OPERATION OF LAW, WRITTEN AS TO THE FITNESS, CONDITION, MERCHANTABILITY, DESIGN, OPERABILITY, OPERATION OR ORALPERFORMANCE OF THE EQUIPMENT, WITH RESPECT ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OR CAPACITY OF THE MATERIALS IN THE EQUIPMENT OR WORKMANSHIP IN THE EQUIPMENT, THE CONFORMITY OF THE EQUIPMENT TO ANY OF THE APPLICABLE REQUIREMENTS, SUCH LESSOR’S TITLE TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT AND RIGHTS TO USE AND OPERATE THE EQUIPMENT NOR ANY OTHER REPRESENTATION OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between WHATSOEVER; no Lessor and shall be liable to Lessee, are and Lessee hereby releases and discharges each Lessor, for any loss, damage, or expense of any kind or nature caused, directly or indirectly, by the Equipment or the use or maintenance thereof or the failure or operation thereof, or the repair, service or adjustment thereof, or by any delay or failure to be borne provide any such maintenance, repairs, service or adjustment, or by Lesseeany interruption of service or loss of use thereof or for any loss of business howsoever caused. Without limiting No defect or unfitness of the foregoing, Equipment shall relieve Lessee of the obligation to pay any Rent or perform any other obligation under any Lease. No Lessor shall have no responsibility or liability to Lessee or any other person with obligation under a Lease in respect to any of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expenseleased thereunder or any obligation to ship, deliver, assemble, install, erect, test, adjust or service such Equipment. Each Lessor agrees that until an Event of Default (as defined in the name of and for the account of Lessor and/or Lessee, as their interests may appear.CHICAGO/#1578913.20

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT AIRCRAFT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEESEMPLOYEES AND THAT LESSOR IS LEASING THE AIRCRAFT IN AN 'AS IS" CONDITION. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT AIRCRAFT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, OR ANY ENGINE INSTALLED THEREON, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO CONDITION, AIRWORTHINESS, DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any EquipmentAircraft, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment Air-craft or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any EquipmentAircraft. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Term to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IF LESSOR IS NOT THE SUPPLIER OR THE AGENT OF ANY SUPPLIER, IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORMAKES NO WARRANTY, ITS AGENTS REPRESENTATION OR EMPLOYEES. LESSOR DOES NOT MAKECOVENANT, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT AS TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOFMATTER WHATEVER, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO THE MERCHANTABILITY OF THE EQUIPMENT, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS SOFTWARE OR WORKMANSHIP, MERCHANTABILITY, SERVICES OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE, USE THE DESIGN, QUALITY, CAPACITY OR OPERATIONCONDITION OF THE EQUIPMENT, SAFETYSOFTWARE OR SERVICES, PATENTCOMPLIANCE OF THE EQUIPMENT, TRADEMARK SOFTWARE OR SERVICES WITH THE REQUIREMENT OF ANY LAW, RULE, SPECIFICATION OR CONTRACT, PATENT OR COPYRIGHT INFRINGEMENT, OR TITLELATENT DEFECTS. All such risksLESSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR THE BREACH OF ANY REPRESENTATION OR WARRANTY MADE BY THE SUPPLIER(S). LESSOR MAKES NO REPRESENTATION AS TO THE TREATMENT BY LESSEE OF THIS LEASE FOR FINANCIAL STATEMENT OR TAX PURPOSES. LESSEE LEASES THE EQUIPMENT “AS IS.” Lessee agrees, as between regardless of cause, not to assert any claim whatsoever against Lessor and Lesseefor any indirect, are to be borne by Lessee. Without limiting the foregoingconsequential, Lessor shall have no responsibility incidental or liability to Lessee special damages or loss, of any other person with respect to any of the following; (i) any liabilitykind, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentincluding, without limitation, any inadequacy thereofloss of business, lost profits or interruption of service. Any action by Lessee against Lessor for any deficiency or defect default by Lessor under this Lease shall be commenced within one (latent or otherwise1) year after any such cause of action accrues. Lessee shall look solely to the Supplier(s) for any and all claims related to the Equipment, Software or Services. LESSEE UNDERSTANDS AND AGREES THAT NEITHER SUPPLIER(S) NOR ANY SALESPERSON OR OTHER AGENT OF SUPPLIER(S) IS AN AGENT OF LESSOR, NOR ARE ANY OF THEM AUTHORIZED TO WAIVE OR ALTER THIS LEASE. No representation by Supplier(s) shall in any other circumstance in connection with way affect Lessee’s duty to pay the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, Rental Payments and so long as, no default exists perform its obligations under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearLease.

Disclaimer. LESSEE ACKNOWLEDGES Purchaser agrees that Purchaser is purchasing the Property in “AS IS”, “WHERE IS”, “WITH ALL FAULTS” condition, and without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from, or on behalf of, Seller, (except as otherwise expressly set forth in this Agreement or in the Closing Documents) specifically, (without limiting the generality of the foregoing), without any warranty of (i) the value or utility of the Property, (ii) the nature or quality of the construction, structural design or engineering of the Improvements, (iii) the quality of the labor and materials included in the Improvements, (iv) the sewer conditions existing at the Land for any particular purpose, (v) the presence or absence of any hazardous substances or matter in or on the Land or Improvements, (vi) compliance of the Property with any applicable laws, regulations or other governmental requirements, or (vii) the accuracy of any information provided by Seller to Purchaser. WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, PURCHASER AND SELLER FURTHER ACKNOWLEDGE AND AGREE THAT IT HAS SELECTED IN ENTERING INTO THIS AGREEMENT AND CLOSING THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORTRANSACTIONS HEREUNDER, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN ANY COMPONENT THEREOFOF THE CLOSING DOCUMENTS, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO PURCHASER, INCLUDING, WITHOUT LIMITATION, THE PHYSICAL CONDITION OF THE LAND AND ANY WARRANTY AS TO DESIGNIMPROVEMENTS, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS THEIR SUITABILITY FOR ANY PURPOSEPARTICULAR PURPOSE OR OF MERCHANTABILITY. IF THE CLOSING OCCURS, USE THEN PURCHASER SHALL BE DEEMED TO HAVE WAIVED ALL LIABILITY OF AND CLAIMS AGAINST SELLER WITH RESPECT TO THE PHYSICAL CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, STRUCTURAL AND ENVIRONMENTAL MATTERS (AND ANY REMEDIATION, CONTRIBUTION OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearINDEMNITY OBLIGATIONS).

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT AIRCRAFT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEESEMPLOYEES AND THAT LESSOR IS LEASING THE AIRCRAFT IN AN "AS IS" CONDITION. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT AIRCRAFT LEASED UNDER THIS AGREEMENT LEASE OR ANY COMPONENT THEREOF, OR ANY ENGINE INSTALLED THEREON, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO CONDITION, AIRWORTHINESS, DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentthe Aircraft, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the EquipmentAircraft, or any other circumstance in connection with the EquipmentAircraft; (ii) the use, operation or performance of any Equipment the Aircraft or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipmentthe Aircraft. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term Term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, in the name of and for the account of Lessor lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Aircraft.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT TT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITYMERCXXX'XXXILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENTINFRINGEMEN'T, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, . Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.risks

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOREXCEPT AS SPECIFIED IN THIS WARRANTY, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER ALL EXPRESS OR IMPLIEDIMPLIED CONDITIONS, WRITTEN OR ORALREPRESENTATIONS, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, USE NONINFRINGEMENT OR OPERATIONARISING FROM A COURSE OF DEALING, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENTUSAGE, OR TITLETRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL COTEK SYSTEMS, INC OR ITS SUPPLIERS BE LIABLE FOR ANY LOST OF REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF COTEK SYSTEMS, INC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Cotek Systems, Inc's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Cotek Systems, Inc does not receive a license fee. All such riskssoftware products are provided AS IS without any warranty whatsoever. This License is effective until terminated. Customer may terminate this License at any time by uninstalling or destroying all copies of Software including any documentation. This License will terminate immediately without notice from Cotek Systems, Inc if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software. This License shall be governed by and construed in accordance with the laws of the United States of America, as between Lessor if performed wholly within the state and Lessee, are without giving effect to the principles of conflict of law. If any portion hereof is found to be borne by Lesseevoid or unenforceable, the remaining provisions of this License shall remain in full force and effect. Without limiting This License constitutes the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person entire License between the parties with respect to any the use of the following; (i) any liabilitySoftware. Cotek Systems Inc 0000 Xxxxxxxxx Xxxxxxx Xxx, loss or damage caused or alleged to be caused directly or indirectly by any EquipmentXxxxxxx, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.XX 00000 Toll Free: +0 000-000-0000 International: +0 000-000-0000 FAX: +0 000-000-0000

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, . INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; following (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL LESSOR BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term terms of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , except to the extent caused by the gross negligence or willful misconduct of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE SUBLESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR EXCEPT AS MAY BE PROVIDED IN THE MASTER ESTABLISHMENT AND TRANSITION AGREEMENT, BETWEEN SUBLESSOR AND SUBLESSEE DATED _____________, 2000 ("MEAT AGREEMENT"), SUBLESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Sublessor and Sublessee, or between Lessor and LesseeSublessee, are to be borne by LesseeSublessee. Without limiting the foregoing, Lessor and except as may be provided in the MEAT Agreement, Sublessor shall have no responsibility or liability to Lessee Sublessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementSublease, Lessee Sublessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at LesseeSublessee's sole cost and expense, from time to time, in the name of and for the account of Lessor Lessor, Sublessor and/or LesseeSublessee, as their interests may appear, whatever claims and rights Sublessor or Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT AIRCRAFT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEESEMPLOYEES AND THAT LESSOR IS LEASING THE AIRCRAFT IN AN "AS IS" CONDITION. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT AIRCRAFT LEASED UNDER THIS AGREEMENT LEASE OR ANY COMPONENT THEREOF, OR ANY ENGINE INSTALLED THEREON, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO CONDITION, AIRWORTHINESS, DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentthe Aircraft, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the EquipmentAircraft, or any other circumstance in connection with the EquipmentAircraft; (ii) the use, operation or performance of any Equipment the Aircraft or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipmentthe Aircraft. If, and so long as, no default Event of Default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term Term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Aircraft.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT AIRCRAFT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEESEMPLOYEES AND THAT LESSOR IS LEASING THE AIRCRAFT IN AN "AS IS" CONDITION. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT AIRCRAFT LEASED UNDER THIS AGREEMENT LEASE OR ANY COMPONENT THEREOF, OR ANY ENGINE INSTALLED THEREON, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO CONDITION, AIRWORTHINESS, DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipmentthe Aircraft, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the EquipmentAircraft, or any other circumstance in connection with the EquipmentAircraft; (ii) the use, operation or performance of any Equipment the Aircraft or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipmentthe Aircraft. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term Term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Aircraft.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights lessor may have against any Supplier of the Equipment.

Disclaimer. 11 12 LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSORLESSOR OR ANY ASSIGNEE, ITS AGENTS OR EMPLOYEES. LESSOR DOES AND ANY ASSIGNEE DO NOT MAKE, HAS HAVE NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and any Assignee and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor and any Assignee shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , regardless of any negligence of Lessor and any Assignee: (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor or its Assignee, if any and/or Lessee, as their interests may appear, whatever claims and rights Lessor or its Assignee may have against any Seller of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default Default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor Lessor, and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES, AND, UPON LESSEE’S EXECUTION AND DELIVERY OF THE CERTIFICATE OF ACCEPTANCE, IT ACKNOWLEDGES AND ACCEPTS THE PHYSICAL AND OPERATING STATE OF THE EQUIPMENT AS SATISFACTORY. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person Person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any the Equipment or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages, including damages and lost as rendered by any law or court with jurisdiction in the United States of America or any other similar concept under Applicable Law; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term Term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's ’s sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Vendor of the Equipment. Lessee hereby acknowledges that as between Lessor and Lessee, Lessor is not advising Lessee of any accounting, tax, legal or other economic implications of this Agreement or the other Operative Documents, and Lessee represents and warrants to Lessor that it is not relying on Lessor, any Member or any other Person with respect to the legal, tax, accounting and other economic considerations in connection with this Agreement or with the other Operative Documents, other than Lessee’s own accountants, counsel and other advisors. Lessee has such knowledge and experience in financial, accounting, tax and business matters that Lessee is capable of evaluating the merits and risks of all aspects this Agreement and the other Operative Documents.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT AIRCRAFT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEESEMPLOYEES AND THAT LESSOR IS LEASING THE AIRCRAFT IN AN "AS IS" CONDITION. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT AIRCRAFT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, OR ANY ENGINE INSTALLED THEREON, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO CONDITION, AIRWORTHINESS, DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , except if caused by the gross negligence or willful misconduct of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any EquipmentAircraft, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment Aircraft or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any EquipmentAircraft. If, and so long as, no default Event of Default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Term to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment.

Disclaimer. LESSEE ACKNOWLEDGES TCU and its employees, agents, affiliates, partners, and suppliers provide all Content and Services available through the TCU and its affiliates websites “as is”, without warranties, representations, and conditions of any kind, whether express or implied. TCU makes no representation, warranty or guarantee of the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the site, the Services, or of any Content the site. The Website, the Content, and the Services are provided to you strictly on an “as is” basis. Except as specifically set forth in this agreement, all conditions, representations and warranties regarding the Website, the Content, and the Services, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantable quality, merchantability, fitness for a particular use or purpose, or non-infringement of third party rights, are disclaimed to the maximum extent permitted by applicable law by TCU. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT IT HAS SELECTED MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE EQUIPMENT WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, WARRANTIES OF ANY WARRANTY OR REPRESENTATIONKIND, EITHER EXPRESS OR IMPLIED, WRITTEN . NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR ORAL, REPRESENTATION WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY COMPONENT THEREOFSERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, INCLUDINGRELIABLE, WITHOUT LIMITATIONERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY WARRANTY AS SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TCU HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY ANY WARRANTIES OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY PURPOSE, USE WARRANTIES WHICH CANNOT BE EXCLUDED OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appearLIMITED UNDER APPLICABLE LAW.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce whatever claims and rights Lessor may have against any say Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor Lesser and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this Agreement, Lessee shall be, and hereby is, authorized during the term Term of this Agreement any Lease to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment leased hereunder at Lessee's ’s sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED UNDER THIS AGREEMENT OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; : (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipment, or any other circumstance in connection with the Equipment; (ii) the use, operation or performance of any Equipment or any risks relating to it; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. If, and so long as, no default exists under this AgreementAgreement and is continuing, Lessee shall be, and hereby is, authorized during the term of this Agreement to assert and enforce enforce, whatever claims and rights Lessor may have against any Supplier of the Equipment at Lessee's sole cost and expense, in the name of and for the account of Lessor and/or Lessee, as their interests may appear.

Disclaimer. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT AIRCRAFT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEESEMPLOYEES AND THAT LESSOR IS LEASING THE AIRCRAFT IN AN "AS IS" CONDITION. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT AIRCRAFT LEASED UNDER THIS AGREEMENT HEREUNDER OR ANY COMPONENT THEREOF, OR ANY ENGINE INSTALLED THEREON, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO CONDITION, AIRWORTHINESS, DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, . Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following; , regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any EquipmentAircraft, any inadequacy thereof, any deficiency or defect (latent or otherwise) of the Equipmenttherein, or any other circumstance in connection with the Equipmenttherewith; (ii) the use, operation or performance of any Equipment Aircraft or any risks relating to itthereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any EquipmentAircraft. If, and so long as, no default exists under this AgreementLease, Lessee shall be, and hereby is, authorized during the term of this Agreement Term to assert and enforce whatever claims and rights Lessor may have against any Supplier of the Equipment enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Aircraft.