Common use of Limitation of Liability and Warranty Clause in Contracts

Limitation of Liability and Warranty. XOOM ENERGY WILL NOT BE RESPONSIBLE FOR ANY SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER. XOOM ENERGY DOES NOT PROVIDE ANY TYPE OF WARRANTY, EXPRESS OR IMPLIED, AND TO THE FULL EXTENT OF THE LAW, DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Miscellaneous: You will promptly notify XOOM Energy if there is any substantial change in your natural gas consumption. For the purpose of accounting, both parties accept the quantity, quality and measurements determined by AGL. Except as provided by law, you will pay all taxes or other fees due and payable with respect to customer obligations under this Agreement. This Agreement shall be governed by the laws of the State of North Carolina without recourse to such state’s choice of law rules. There may be a delay before AGL switches your gas supply to XOOM Energy. AGL will deliver your natural gas, read your meter, and make necessary repairs to its natural gas distribution facilities. XOOM Energy is not liable for AGL’s failure to timely deliver natural gas service. Insolvency: You acknowledge and agree that this Agreement and the transaction(s) contemplated under this Agreement constitute a “forward contract” within the meaning of the United States Bankruptcy Code. To the fullest extent possible, you agree to waive the provisions afforded by Section 366 of the United States Bankruptcy Code and acknowledge that for purposes of the application of principles afforded “forward contracts” the provisions of Section 366 shall not apply to you or to this Agreement.

Limitation of Liability and Warranty. XOOM ENERGY WILL NOT BE RESPONSIBLE FOR ANY SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER. XOOM ENERGY DOES NOT PROVIDE ANY TYPE OF WARRANTY, EXPRESS OR IMPLIED, AND TO THE FULL EXTENT OF THE LAW, DISCLAIMS ANY WARRANTY OF MERCHANTABILITY MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE. Miscellaneous: :You will promptly notify XOOM Energy if there is any substantial change in your natural gas consumption. For the purpose of accounting, both parties accept the quantity, quality and measurements determined by AGLyour LDC. Except as provided by law, you will pay all taxes or other fees due and payable with respect to customer obligations under this Agreement. This Agreement shall be governed by the laws of the State of North Carolina without recourse to such state’s states choice of law rules. There may be a delay before AGL your LDC switches your gas supply to XOOM Energy. AGL will deliver your natural gas, read your meter, and make necessary repairs to its natural gas distribution facilitiesXOOM. XOOM Energy is not liable responsible for AGL’s failure to timely deliver natural gas servicesuch delays. Insolvency: :You acknowledge and agree that this Agreement and the transaction(s) contemplated under this Agreement constitute a “forward contract” within the meaning of the United States Bankruptcy Code. To the fullest extent possible, you agree to waive the provisions afforded by Section 366 of the United States Bankruptcy Code and acknowledge that for purposes of the application of principles afforded “forward contracts” the provisions of Section 366 shall not apply to you or to this Agreement.