Common use of Limitation of Liability; Indemnification Clause in Contracts

Limitation of Liability; Indemnification. (A) I UNDERSTAND AND AGREE THAT YOU, YOUR AFFILIATES, YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES) THAT I MAY INCUR IN CONNECTION WITH MY USE OF THE SERVICES PROVIDED BY YOU UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MY USE OF THE APP AND THE WEBSITE, AS WELL AS ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORM, INCLUDING THE ENTERING INTO OF TRANSACTIONS, AS WELL AS ANY SERVICES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), (COLLECTIVELY, THE “SERVICES”). YOU, YOUR AFFILIATES, AND YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICES OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF YOUR SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS.

Limitation of Liability; Indemnification. (A) I UNDERSTAND AND AGREE THAT YOU, YOUR AFFILIATES, YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THIRD PARTY SERVICE PROVIDERS WILL 1. Disclaimer of Liability and Consequential Damages. CUSTODIAN SHALL NOT BE LIABLE FOR ANY ACTION TAKEN OR OMITTED BY IT IN GOOD FAITH UNLESS AS A RESULT OF ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN EACH CASE AS DETERMINED BY A COURT OF COMPETENT JURISDICTION, AND ITS SOLE RESPONSIBILITY SHALL BE FOR THE HOLDING AND DISBURSEMENT OF THE CUSTODIAL PROPERTY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, SHALL HAVE NO IMPLIED DUTIES OR OBLIGATIONS AND SHALL NOT BE CHARGED WITH KNOWLEDGE OR NOTICE OF ANY FACT OR CIRCUMSTANCE NOT SPECIFICALLY SET FORTH HEREIN, ACCOUNT HOLDER HEREBY ACKNOWLEDGES AND AGREES, NOTWITHSTANDING ANYTHING TO ME OR TO THIRD PARTIES THE CONTRARY CONTAINED IN THIS AGREEMENT, PRIME TRUST WILL NOT, UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, BE LIABLE TO ACCOUNT HOLDER FOR ANY SPECIAL, INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVE SPECIAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES) THAT I MAY INCUR IN CONNECTION WITH MY USE ARISING OUT OF THE SERVICES PROVIDED BY YOU OR RELATED TO ANY INVESTMENT OR TRANSACTION OCCURRING UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MY USE TO, LOST PROFITS OR LOSS OF BUSINESS, EVEN IF PRIME TRUST HAS BEEN ADVISED OF THE APP LIKELIHOOD OF SUCH LOSS OR DAMAGE AND REGARDLESS OF THE WEBSITE, AS WELL AS FORM OF ACTION. THIS INCLUDES ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORMLOSSES OR PROBLEMS OF ANY TYPE RESULTING FROM INCIDENTS OUTSIDE OF OUR DIRECT CONTROL, INCLUDING THE ENTERING INTO BUT NOT LIMITED TO ERRORS, HACKS, THEFT OR ACTIONS OF TRANSACTIONSISSUERS, AS WELL AS ANY SERVICES TRANSFER AGENTS, SMART CONTRACTS, BLOCKCHAINS AND INTERMEDIARIES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), (COLLECTIVELY, THE “SERVICES”). YOU, YOUR AFFILIATES, AND YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICES OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF YOUR SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONSALL TYPES.

Limitation of Liability; Indemnification. (A) I UNDERSTAND EXCEPT TO THE EXTENT PROHIBITED BY LAW, IGNITIONONE AND AGREE THAT YOU, YOUR AFFILIATES, YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES) THAT I MAY INCUR IN CONNECTION WITH MY USE OF THE SERVICES PROVIDED BY YOU UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MY USE OF THE APP AND THE WEBSITE, AS WELL AS ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORM, INCLUDING THE ENTERING INTO OF TRANSACTIONS, AS WELL AS ANY SERVICES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), (COLLECTIVELY, THE “SERVICES”). YOU, YOUR AFFILIATES, AND YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES ITS AFFILIATES SHALL NOT BE LIABLE BY REASON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF DELAYS BUSINESS, LOSS OF PROFITS, OR INTERRUPTIONS THE LIKE) WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF IGNITIONONE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE SERVICES POSSIBILITY OF SUCH DAMAGES. CLAIMS FOR DAMAGES MUST BE MADE BY CUSTOMER WITHIN ONE (1) YEAR OF THE INCIDENT TO WHICH THEY RELATE OR TRANSMISSIONSBE FOREVER BARRED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR FAILURES OF PERFORMANCE OF YOUR SYSTEMSIGNITIONONE’S TOTAL LIABILITY TO CUSTOMER UNDER ANY AND ALL CIRCUMSTANCES SHALL NOT EXCEED THE AGGREGATE FEES (EXCLUDING PASS THROUGH FEES PAID TO THIRD PARTIES) PAID BY CUSTOMER TO IGNITIONONE UNDER THIS AGREEMENT DURING THE SIX MONTHS PRECEDING THE DATE THAT THE CLAIM IS MADE GIVING RISE TO THE LIABILITY. Customer agrees to defend, REGARDLESS OF CAUSEindemnify and hold IgnitionOne, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTIONits Affiliates and all of their directors, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATIONofficers, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONSemployees, agents, shareholders, partners, members or other owners, harmless against any and all actions, suits, proceedings, claims, judgments, damages, costs and expenses, including reasonable attorney’s fees, and other liabilities collectively, “Claims”) arising from or related to the Customer Content, the Customer Marks, the Data or Customer’s breach of its express representations and warranties in this Agreement. IgnitionOne agrees to defend, indemnify and hold Customer, its Affiliates and all of their directors, officers, employees, agents, shareholders, partners, members or other owners, harmless against any and all Claims that the Software infringes any third party intellectual property rights. IgnitionOne’s indemnification obligation will not apply if the alleged Claim arises, in whole or in part, from: (a) any use of the Software by the Customer or any Authorized User not in accordance with this Agreement; (b) any modification of the Software by any person other than IgnitionOne or its authorized agents; or (c) any use of the Software in combination with other products, equipment, software or data not supplied by IgnitionOne. The foregoing indemnification obligations are conditioned upon the indemnified party: (a) providing prompt written notice to the indemnifying party of any such Claim (provided that the failure to provide prompt notice shall only relieve the indemnifying party of its obligation to the extent it is materially prejudiced by such failure and can demonstrate such prejudice); (b) permitting the indemnifying party to assume and control the defense of such Claim; and (c) providing to the indemnifying party at the indemnifying party’s reasonable expense all available information and assistance reasonably necessary for the indemnifying party to defend such Claim. The indemnifying party will not enter into any settlement or compromise of any such Claim, which settlement or compromise would result in any liability to the indemnified party, without the indemnified party’s prior written consent.

Limitation of Liability; Indemnification. (A) I YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUYOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET YOUR AFFILIATESREQUIREMENTS OR EXPECTATIONS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ANY DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS OBTAINED AT YOUR RESPECTIVE OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ACCESS DEVICE OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH DATA, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, OR RELIABILITY, OF ANY THIRD PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM YOUR USE OF THE SERVICES WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS. UNLESS OTHERWISE STATED IN THIS AGREEMENT OR BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR OFFICERS, VOLUNTEERS, DIRECTORS, AND EMPLOYEES, AND MEMBERS, AFFILIATES, AGENTS, LICENSORS OR THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO ME YOU OR TO ANY THIRD PARTIES UNDER PARTY FOR ANY CIRCUMSTANCESHARM, INJURIES OR CLAIMS, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIALDIRECT, INDIRECT, INCIDENTAL, PUNITIVE SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES (INCLUDING LOST FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING OR ARISING IN ANY WAY IN WHOLE OR IN PART FROM (a) THE USE OF OR THE INABILITY TO USE THE SERVICES, (b) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA, (c) STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING THE SERVICES, (d) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, OR (e) ANY OTHER MATTER WHATSOEVER RELATING TO THE SERVICES OR YOUR USE THEREOF. TO FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND US, OUR OFFICERS, VOLUNTEERS, DIRECTORS, EMPLOYEES, MEMBERS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) THAT I MAY INCUR IN CONNECTION WITH MY CAUSED BY, RELATED TO, OR ARISING FROM YOUR USE OF THE SERVICES, OR THE USE OF THE SERVICES PROVIDED BY ANY OF YOUR JOINT ACCOUNTHOLDERS, AUTHORIZED USERS, OR ANY OTHER PERSON WHO YOU UNDER HAVE PERMITTED TO USE THE SERVICES, YOUR BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MY USE OF THE APP AND THE WEBSITEYOUR INFRINGEMENT, AS WELL AS ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORM, INCLUDING THE ENTERING INTO OF TRANSACTIONS, AS WELL AS ANY SERVICES MISUSE OR MISAPPROPRIATION OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), (COLLECTIVELY, THE “SERVICES”). YOU, YOUR AFFILIATES, AND YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS INTELLECTUAL PROPERTY OR INTERRUPTIONS OF THE SERVICES OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF YOUR SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OTHER RIGHT OF ANY EXCHANGE PERSON OR ENTITY, AND/OR YOUR COMMISSION OF FRAUD OR ANY OTHER SELF REGULATORY ORGANIZATION, UNLAWFUL ACTIVITY OR THOSE CAUSED BY SOFTWARE CONDUCT. THE PROVISIONS OF THIS SECTION SHALL SURVIVE REVOCATION OF ANY LICENSE AND/OR HARDWARE MALFUNCTIONSTHE TERMINATION OF THIS AGREEMENT.

Limitation of Liability; Indemnification. (Aa) I UNDERSTAND AND AGREE THAT YOUSubject to Sections 8(b) and 8(c) below, YOUR AFFILIATESIXC's liability arising out of delays in restoration of the Services to be provided under this Agreement or out of mistakes, YOUR RESPECTIVE OFFICERSaccidents, DIRECTORSomissions, interruptions, or errors or defects in transmission in the provision of Services, shall be limited to the amounts collected by IXC for services hereunder. In the event of a proper cancellation or termination of this Agreement by Excel during any period in which Excel is not in default hereunder, Excel's liability shall be limited to the amounts due and unpaid under this Agreement as of the date of termination. EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND EMPLOYEESSUBJECT TO SECTIONS 8(b) AND 8(c) BELOW, AND THIRD PARTY SERVICE PROVIDERS WILL NOT IN NO EVENT SHALL IXC BE LIABLE TO ME EXCEL OR TO ITS CUSTOMERS OR ANY OTHER THIRD PARTIES UNDER PARTY IN ANY CIRCUMSTANCESRESPECT, OR HAVE ANY RESPONSIBILITY WHATSOEVERINCLUDING, WITHOUT LIMITATION, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE ACTUAL, PUNITIVE, OR CONSEQUENTIAL ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, ACCIDENTS, OMISSIONS, INTERRUPTIONS, ERRORS, OR DEFECTS IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS PURSUANT TO THIS AGREEMENT. EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND SUBJECT TO SECTIONS 8(b) AND 8(c) BELOW, IN NO EVENT SHALL EXCEL BE LIABLE TO IXC OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES) THAT I MAY INCUR IN CONNECTION WITH MY USE OF THE SERVICES PROVIDED BY YOU OTHER THAN UNPAID AMOUNTS UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MY USE OF THE APP AND THE WEBSITE, AS WELL AS ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORM, INCLUDING THE ENTERING INTO OF TRANSACTIONS, AS WELL AS ANY SERVICES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), (COLLECTIVELY, THE “SERVICES”). YOU, YOUR AFFILIATES, AND YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICES OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF YOUR SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONSFOR LOST PROFITS.

Limitation of Liability; Indemnification. (A) I UNDERSTAND LIMITATION AND AGREE THAT YOU, YOUR AFFILIATES, YOUR RESPECTIVE OFFICERS, DIRECTORS, EXCLUSION OF LIABILITY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BUILDER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER AND EMPLOYEES, ITS AFFILIATES HEREUNDER FOR THE SERVICES OR EVENT GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND THIRD PARTY SERVICE PROVIDERS REGARDLESS OF THE THEORY OF LIABILITY BUT WILL NOT BE LIABLE LIMIT CUSTOMER'S AND ITS AFFILIATES’ PAYMENT OBLIGATIONS UNDER THE “FEES AND PAYMENT” SECTION XXXXX.XX NO EVENT WILL XXXXXXX.XX OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO ME OR TO THIRD PARTIES UNDER THIS AGREEMENT FOR ANY CIRCUMSTANCESLOST PROFITS, REVENUES, GOODWILL, OR HAVE ANY RESPONSIBILITY WHATSOEVERINDIRECT, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TORT AND DAMAGES) THAT I MAY INCUR IN CONNECTION WITH MY USE REGARDLESS OF THE SERVICES PROVIDED BY YOU UNDER THIS AGREEMENTTHEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO MY USE EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE APP AND POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE WEBSITEFOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. You agree to indemnify and hold us and (as applicable) our parent, AS WELL AS ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORMsubsidiaries, INCLUDING THE ENTERING INTO OF TRANSACTIONSaffiliates, AS WELL AS ANY SERVICES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (INCLUDING ANY THIRD-PARTY SERVICE PROVIDERa) your breach of this Agreement or the documents it incorporates by reference (including the AUP and Store FAQ or Customer Policies); (b) your violation of any law or the rights of a third party; (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws); or (d) any gross negligence or willful misconduct by you or your employees or other representatives. You will be responsible for any breach of this Agreement by your affiliates, agents or subcontractors and will be liable as if it were your own breach. Builder shall indemnify and defend you from and against all claims, actions, demands, (COLLECTIVELYincluding suits by third parties) and all losses, THE liabilities, damages, costs, and expenses associated therewith (excluding attorneys’ fees) arising from or in connection with: (i) any negligence or willful misconduct by Builder or its employees or other representatives; or (ii) breach by Builder of the fully executed DPA including the unauthorized disclosure of Personal Data subject to a liability cap amounting to 6 months the fees you have paid to us; or (iii) any allegation that the Services infringe a third-party’s intellectual property rights, provided that Builder is given prompt written notice of such claim, lawsuit or action, your reasonable assistance and Builder has sole authority to settle or defend such claim, lawsuit or action; provided however Builder will not enter into any settlement or plea agreement that requires you to admit any liability or wrongdoing without your prior written consent. Your use of the Services is at your sole risk. The Services are provided on an “SERVICES”)as is” and “as available” basis without any warranty or condition, express, implied or statutory. YOUBuilder does not warrant that the Services will be uninterrupted, YOUR AFFILIATEStimely, AND YOUR RESPECTIVE OFFICERSsecure, DIRECTORSor error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. We are not responsible for any of your tax obligations or liabilities related to the use of our Services. We do not warrant that the quality of any products, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICES OR TRANSMISSIONSservices, OR FAILURES OF PERFORMANCE OF YOUR SYSTEMSinformation, REGARDLESS OF CAUSEor other materials purchased or obtained by you through the Services will meet your expectations, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONSor that any errors in the Services will be corrected.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER OR IN CONNECTION WITH THE MANUFACTURE, RENTAL OR USE OF THE EQUIPMENT DESCRIBED HEREIN, HOWSOEVER ARISING, SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR THE LAST TWELVE (A12) I UNDERSTAND MONTHS FOR SUCH EQUIPMENT, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, AND AGREE THAT YOUHOLD THE OTHER PARTY, YOUR AFFILIATES, YOUR RESPECTIVE OFFICERSITS EMPLOYEES, DIRECTORS, OFFICERS AND EMPLOYEES, AND THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES) THAT I MAY INCUR IN CONNECTION WITH MY USE OF THE SERVICES PROVIDED BY YOU UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MY USE OF THE APP AND THE WEBSITE, AS WELL AS ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORM, INCLUDING THE ENTERING INTO OF TRANSACTIONS, AS WELL AS ANY SERVICES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), AGENTS (COLLECTIVELY, THE “SERVICESINDEMNITEES”). YOU) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, YOUR AFFILIATESOBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF DELAYS OR INTERRUPTIONS OF THE SERVICES OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF YOUR SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONSMAMMOTOME.

Limitation of Liability; Indemnification. (A) I UNDERSTAND AND AGREE THAT YOU, YOUR AFFILIATES, YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THIRD PARTY SERVICE PROVIDERS IN NO EVENT WILL NOT CAMBIA GROVE BE LIABLE TO ME ANY MEMBER OR TO THIRD PARTIES PARTY UNDER THIS AGREEMENT FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST REVENUE, LOST SALES, LOSS OF USE, LOSS OF DATA OR ANY CIRCUMSTANCESINCIDENTAL, OR HAVE ANY RESPONSIBILITY WHATSOEVERCONSEQUENTIAL, FOR ANY SPECIALDIRECT, INDIRECT, INCIDENTALPUNITIVE, PUNITIVE OR CONSEQUENTIAL SPECIAL DAMAGES, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. THE AGGREGATE LIABILITY OF CAMBIA GROVE, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES (INCLUDING LOST PROFITSCAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, CLAIMS OR DAMAGES, SHALL NOT EXCEED THE MEMBERSHIP FEES PAID BY THE MEMBER TO CAMBIA GROVE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. MEMBER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMBIA GROVE, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, AND DIRECTORS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES) THAT I MAY INCUR , COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR IN CONNECTION WITH MY MEMBER’S MEMBERSHIP OR MEMBER’S USE OF THE SERVICES PROVIDED BY YOU UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MY USE OF THE APP OR ATTENDANCE AT CAMBIA GROVE AND THE WEBSITE, AS WELL AS ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORM, INCLUDING THE ENTERING INTO OF TRANSACTIONS, AS WELL AS ANY SERVICES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), (COLLECTIVELY, THE “SERVICES”). YOU, YOUR AFFILIATES, AND YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE ITS SERVICES OR TRANSMISSIONSACTIVITIES WHETHER OR NOT OCCURING AT CAMBIA GROVE-OWNED FACILITIES , DAMAGE TO PERSONAL PROPERTY OF CAMBIA GROVE, ITS GUESTS AND MEMBERS OF CAMBIA GROVE, OR FAILURES ANY VIOLATION OF PERFORMANCE OF YOUR SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATIONAPPLICABLE LAW, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONSTHE RULES.

Limitation of Liability; Indemnification. (A) I UNDERSTAND AND UNLESS OTHERWISE REQUIRED BY LAW, YOU AGREE THAT YOU, YOUR AFFILIATES, YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THIRD PARTY SERVICE PROVIDERS WE WILL NOT BE LIABLE TO ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (SPECIAL DAMAGES, INCLUDING LOST PROFITS, AND DAMAGES) THAT I MAY INCUR IN CONNECTION WITH MY USE GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES REGARDLESS OF THE SERVICES PROVIDED BY YOU UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MY USE FORM OF THE APP AND ACTION OR THEORY OF RECOVERY, EVEN IF WE HAVE BEEN ADVISED OF THE WEBSITEPOSSIBILITY OF THOSE DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, AS WELL AS ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORM, INCLUDING THE ENTERING INTO OF TRANSACTIONS, AS WELL AS ANY SERVICES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), (COLLECTIVELYUSE, THE “SERVICES”)UNAVAILABILITY OF, OR MAINTENANCE OF DIGITAL BANKING. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, YOUR AFFILIATESTHE MAXIMUM TOTAL LIABILITY OF PURDUE FEDERAL, ITS LICENSORS AND SUPPLIERS, PARTNERS, AND YOUR RESPECTIVE OFFICERSCARRIER TO YOU FOR ANY CLAIM RELATED TO DIGITAL BANKING, DIRECTORSWHETHER IN CONTRACT, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON TORT, OR OTHERWISE, IS $10. EACH PROVISION OF DELAYS THIS DBSA THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR INTERRUPTIONS EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS DBSA BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE SERVICES OR TRANSMISSIONSBASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS DBSA. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. You will defend, OR FAILURES OF PERFORMANCE OF YOUR SYSTEMSindemnify and hold Purdue Federal, REGARDLESS OF CAUSEits affiliates, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTIONdirectors, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATIONofficers, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONSagents, employees, and its licensors, suppliers, and publishers harmless from any costs, damages, expenses, and liability caused by your use of Digital Banking, your violation of these terms, or your violation of any rights of a third party through use of Digital Banking.

Limitation of Liability; Indemnification. 7(a). Limitation of Liability by the use or sale of BCG Material), made or brought as a result of the Clinical Trials or against the Recipient, nor shall PMC be responsible in any way for dealing with any such disputes, claims or proceedings, except to the extent that any such dispute, claim or proceeding arises from (Aa) I UNDERSTAND AND AGREE THAT YOUa breach by PMC of any warranty set forth in Section 6(a) hereof, YOUR AFFILIATESor (b) any failure by PMC to manufacture, YOUR RESPECTIVE OFFICERStest, DIRECTORSdocument or release the BCG Material in compliance with cGMP and the applicable Manufacturing Regulatory Documentation. PMC shall not be responsible for any interruption in supply that is caused by Force Majeure. EXCEPT AS SET FORTH IN SECTION 6(a) HEREOF, AND EMPLOYEESPMC MAKES NO WARRANTIES, AND EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT OF THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES) THAT I MAY INCUR IN CONNECTION WITH MY USE OF THE SERVICES PROVIDED BY YOU UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MY USE OF THE APP AND THE WEBSITE, AS WELL AS ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORM, INCLUDING THE ENTERING INTO OF TRANSACTIONS, AS WELL AS ANY SERVICES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), (COLLECTIVELY, THE “SERVICES”)PATENTS. YOU, YOUR AFFILIATES, AND YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES PMC SHALL NOT BE LIABLE BY REASON OF DELAYS FOR ANY LOSS, CLAIM, DAMAGE, EXPENSE OR INTERRUPTIONS OF THE SERVICES OR TRANSMISSIONSLIABILITY, OR FAILURES OF PERFORMANCE OF YOUR SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE KIND OR NATURE, WHICH MAY ARISE FROM OR IN CONNECTION WITH THIS AGREEMENT OR WITH THE CLINICAL TRIALS OR FROM THE USE, HANDLING OR STORAGE OF BCG MATERIAL, BEC2 OR THEIR ANCILLARY MATERIALS BY RECIPIENT OR BY ANY AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, INVESTIGATORS OR REPRESENTATIVES OF RECIPIENT. NO PARTY TO THIS AGREEMENT SHALL BE ENTITLED TO RECOVER FROM THE OTHER SELF REGULATORY ORGANIZATIONPARTIES ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONSPUNITIVE DAMAGES. 7(b). Recipient's Right to Indemnification PMC hereby agrees to indemnify, defend and hold harmless Recipient and its affiliates, officers, directors, employees and representatives (collectively, the "RECIPIENT'S INDEMNITEES") from and against any liabilities, claims, damages, costs, expense (including reasonable attorneys' fees), and actions (collectively, "CLAIMS") arising out of or resulting from (i) the failure by PMC to manufacture, test, document or release the BCG Material in compliance with cGMP and the applicable Manufacturing Regulatory Documentation or (ii) the breach by PMC or PMC's Indemnitees of any of its obligations or warranties hereunder, except to the extent that any such Claims arise out of, are based upon or result from the gross negligence or willful misconduct of Recipient or Recipient's Indemnitees or a breach by Recipient or Recipient's Indemnitees of any of Recipient's obligations or warranties under this Agreement or under the Clinical Trial Protocol or Regulatory Filings. Recipient shall promptly notify PMC of any Claims, upon becoming aware thereof, and permit PMC at PMC's cost to defend against such Claims and shall cooperate with PMC in the defense thereof. Recipient shall not enter into, or permit, any settlement of any such Claims without the express written consent of PMC. Recipient may, at its option and expense, have its own counsel participate in any proceeding that is under the direction of PMC and will cooperate with PMC or its insurer in the disposition of any such matter.

Limitation of Liability; Indemnification. (Aa) I UNDERSTAND AND AGREE THAT YOUOTHER THAN IN THE CASE OF INTENTIONAL FRAUD, YOUR AFFILIATES, YOUR RESPECTIVE OFFICERS, DIRECTORSGROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND EMPLOYEESWITHOUT LIMITATION OF SECTION 9 OF THE NDA (AS DEFINED BELOW), AND THE SERVICER’S LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO THE PERFORMANCE OF THE TRANSITION SERVICES SHALL BE LIMITED TO THE AMOUNT OF THE SERVICE FEES ACTUALLY RECEIVED BY THE SERVICER HEREUNDER IN CONSIDERATION OF THE TRANSITION SERVICES THAT GAVE RISE TO OR RELATED TO THE INCURRENCE OF SUCH LIABILITY. THE SERVICER WILL HAVE NO LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO THE PERFORMANCE OF THE TRANSITION SERVICES TO ANY PERSON OTHER THAN THE BUYER. EXCEPT AS MAY BE AWARDED TO A THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES) THAT I MAY INCUR IN CONNECTION WITH MY USE A CLAIM SUBJECT TO INDEMNIFICATION PURSUANT TO SECTION 8(c) OR SECTION 8(d) OR IN THE CASE OF THE SERVICES PROVIDED BY YOU UNDER THIS AGREEMENTINTENTIONAL FRAUD, INCLUDING BUT NOT LIMITED TO MY USE OF THE APP AND THE WEBSITEGROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AS WELL AS ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORM, INCLUDING THE ENTERING INTO OF TRANSACTIONS, AS WELL AS ANY SERVICES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD NO PARTY (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), (COLLECTIVELY, THE “SERVICES”). YOU, YOUR AFFILIATES, AND YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT WILL BE LIABLE BY REASON FOR ANY PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, LOSS OF DELAYS PROFIT OR INTERRUPTIONS LOSS OF THE SERVICES OPPORTUNITY, LOSS OF REPUTATION, CONSEQUENTIAL LOSSES OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF YOUR SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONSINDIRECT DAMAGES THAT WERE NOT REASONABLY FORESEEABLE.

Limitation of Liability; Indemnification. (A) I UNDERSTAND AND AGREE THAT YOUTo the maximum extent permitted by applicable law, YOUR AFFILIATESIN NO EVENT SHALL BEGELL HOUSE, YOUR RESPECTIVE INC. OR THEIR OFFICERS, DIRECTORS, AND SHAREHOLDERS, EMPLOYEES, AND THIRD PARTY SERVICE PROVIDERS WILL NOT OR AGENTS BE LIABLE TO ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCESCONTRACT, TORT (INCLUDING NEGLIGENCE), OR HAVE ANY RESPONSIBILITY WHATSOEVER, OTHER LEGAL THEORY FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE, LOST PROFITS, AND OR ANTICIPATED BUSINESS (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT I MAY INCUR ARISING FROM OR RELATING TO THIS LICENSE, THE SUBJECT MATTER HEREOF, OR IN CONNECTION WITH MY USE THE USE, INABILITY TO USE, MALFUNCTION, INACCURACIES, ERROR, DEFECT, OR FAILURE OF THE SERVICES PROVIDED BY YOU BEGELL DIGITAL LIBRARY ONLINE SERVICE OR THE ONLINE PRODUCTS. THE AGGREGATE LIABILITY OF BEGELL HOUSE, INC. FOR ANY OTHER DAMAGES ARISING FROM OR RELATING TO THIS LICENSE, HOWEVER CAUSED, UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MY USE ANY THEORY OF THE APP AND THE WEBSITE, AS WELL AS ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORM, INCLUDING THE ENTERING INTO OF TRANSACTIONS, AS WELL AS ANY SERVICES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), (COLLECTIVELY, THE “SERVICES”). YOU, YOUR AFFILIATES, AND YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES LIABILITY SHALL NOT BE LIABLE EXCEED THE AMOUNT PAID BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICES OR TRANSMISSIONSTRIALING INSTITUTION FOR THE ONLINE JOURNAL SUBSCRIPTION FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH DAMAGES OCCURRED. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim may be made against Begell House, OR FAILURES OF PERFORMANCE OF YOUR SYSTEMSInc. unless suit is filed thereon within one (1) year after the event giving rise to the claim. Begell House, REGARDLESS OF CAUSEInc. shall not be liable for any failure to perform or delay in performance hereunder due to unforeseen circumstances or resulting from a cause over which Begell House, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTIONInc. does not have direct control, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATIONincluding, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONSbut not limited to, failure of electrical, mechanical, or telecommunications equipment, transmission error, theft, hacker attacks, or software or equipment incompatibilities. The Trialing Institution assumes sole responsibility for all access and use of the Begell Digital Library online service and the Trialing Institution’s Online Products by the Trialing Institution and by each Authorized User. The Trialing Institution shall not be liable for unauthorized use or other breach of this License by an Authorized User provided that the Trialing Institution did not cause, condone, consent to, or knowingly assist in such breach, or, after becoming aware of the occurrence of a breach, failed to take reasonable steps to prevent the continuation of such breach. Subject to the foregoing, the Trialing Institution shall hold Begell House, Inc. harmless from and against any and all liabilities, damages, judgments, settlements, losses, and expenses (including reasonable attorneys’ fees and expenses, experts’ Begell House, Inc. arising out of or resulting from any unauthorized use of the content from Trialing Institution’s Online Products by the Trialing Institution or Authorized Users in violation of this License, or any violation of any third-party’s rights by the Trialing Institution or Authorized Users, including, but not limited to, infringement of copyright.

Limitation of Liability; Indemnification. (A) I You UNDERSTAND AND AGREE THAT YOU, YOUR AFFILIATES, YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES) THAT I You MAY INCUR IN CONNECTION WITH MY USE OF THE SERVICES PROVIDED BY YOU UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MY USE OF THE GOHENRY APP AND THE WEBSITE, AS WELL AS ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORM, INCLUDING THE ENTERING INTO MY USE OF TRANSACTIONS, AS WELL AS ANY SERVICES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY PARTY, INCLUDING THE DEPOSIT ACCOUNT SERVICES (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), (COLLECTIVELY, THE “SERVICES”). YOU, YOUR AFFILIATES, AND YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICES OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF YOUR SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS.

Limitation of Liability; Indemnification. (A) I UNDERSTAND AND UNLESS OTHERWISE REQUIRED BY LAW, YOU AGREE THAT YOUPURDUE FEDERAL, YOUR AFFILIATESITS LICENSORS AND SUPPLIERS, YOUR RESPECTIVE OFFICERS, DIRECTORSPARTNERS, AND EMPLOYEES, AND THIRD PARTY SERVICE PROVIDERS YOUR CARRIER TO YOU WILL NOT BE LIABLE TO ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, COST OF COVER, PUNITIVE OR CONSEQUENTIAL DAMAGES (SPECIAL DAMAGES, INCLUDING LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES HOWEVER CAUSED AND DAMAGES) THAT I MAY INCUR IN CONNECTION WITH MY USE REGARDLESS OF THE SERVICES PROVIDED BY YOU UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MY USE FORM OF THE APP ACTION OR THEORY OF RECOVERY, EVEN IF PURDUE FEDERAL, ITS LICENSORS AND SUPPLIERS, PARTNERS, OR YOUR CARRIER HAVE BEEN ADVISED OF THE WEBSITEPOSSIBILITY OF THOSE DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, AS WELL AS ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORM, INCLUDING THE ENTERING INTO OF TRANSACTIONS, AS WELL AS ANY SERVICES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), (COLLECTIVELYUSE, THE “UNAVAILABILITY OF, OR MAINTENANCE OF DIGITAL BANKING AND/OR THE SERVICES”). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, YOUR AFFILIATESTHE MAXIMUM TOTAL LIABILITY OF PURDUE FEDERAL, ITS LICENSORS AND SUPPLIERS, PARTNERS, AND YOUR RESPECTIVE OFFICERSCARRIER TO YOU FOR ANY CLAIM RELATED TO DIGITAL BANKING, DIRECTORSWHETHER IN CONTRACT, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON TORT, OR OTHERWISE, IS $10. EACH PROVISION OF DELAYS THIS DBSA THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR INTERRUPTIONS EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS DBSA BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE SERVICES OR TRANSMISSIONSBASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS DBSA. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. You will defend, OR FAILURES OF PERFORMANCE OF YOUR SYSTEMSindemnify and hold Purdue Federal, REGARDLESS OF CAUSEits affiliates, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTIONdirectors, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATIONofficers, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONSagents, employees, and its licensors, suppliers, and publishers harmless from any costs, damages, expenses, and liability caused by your use of Digital Banking, your violation of these terms, or your violation of any rights of a third party through use of Digital Banking.

Limitation of Liability; Indemnification. 10.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (A) I UNDERSTAND AND AGREE THAT YOUINCLUDING, YOUR WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER PIRELLI NOR ITS AFFILIATES, YOUR SUBSIDIARIES, LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, AND SHAREHOLDERS, EMPLOYEES, AND THIRD PARTY SERVICE PROVIDERS AGENTS, SUCCESSORS OR ASSIGNS (“PIRELLI GROUP”) WILL NOT BE LIABLE TO ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIALINDIRECT, INDIRECTPUNITIVE, EXEMPLARY, INCIDENTAL, PUNITIVE SPECIAL, OR CONSEQUENTIAL DAMAGES (ARISING OUT OF OR RELATING TO THE APP, THE SERVICES, THESE TERMS AND CONDITIONS, ANY BREACH THEREOF, INCLUDING LOST PROFITSANY DAMAGES OR INJURY ARISING FROM ANY USE OF THE APP OR THE SERVICES, WHETHER BASED ON CONTRACT, NEGLIGENCE OR ANY OTHER TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PIRELLI GROUP AND DAMAGES) THAT I MAY INCUR THE THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, PIRELLI GROUP’S COLLECTIVE LIABILITY TO USER IN RESPECT OF ANY DIRECT LOSS OR DAMAGE SUFFERED BY USER AND ARISING OUT OF OR IN CONNECTION WITH MY USE OF THE SERVICES PROVIDED BY YOU UNDER THIS AGREEMENTAPP, INCLUDING BUT THE SERVICES, OR THESE TERMS AND CONDITIONS, WHETHER BASED ON CONTRACT, NEGLIGENCE OR ANY OTHER TORT, STRICT LIABILITY OR OTHERWISE SHALL NOT LIMITED EXCEED THE GREATER OF: (A) THE AMOUNT USER HAS PAID TO MY PIRELLI FOR ACCESS TO AND USE OF THE APP AND THE WEBSITE, AS WELL AS SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $50 USD. The Parties agree that the above limitations of liability are reasonable in accordance with each Party’s obligations and level or risk under these Terms and Conditions. THESE LIMITATIONS OF LIABILITY SHALL CONSTITUTE PIRELLI GROUP’S SOLE LIABILITY AND OBLIGATION IN RESPECT OF ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON CLAIMS BROUGHT AGAINST IT IN CONNECTION WITH THE PLATFORM, INCLUDING THE ENTERING INTO OF TRANSACTIONS, AS WELL AS ANY SERVICES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), (COLLECTIVELYAPP, THE “SERVICES”). YOU, YOUR AFFILIATES, THESE TERMS AND YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICES OR TRANSMISSIONSCONDITIONS, OR FAILURES THE TRANSACTIONS CONTEMPLATED HEREBY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PERFORMANCE LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, ALL OR A PORTION OF YOUR SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONSTHESE LIMITATIONS MAY NOT APPLY TO USER.

Limitation of Liability; Indemnification. Company agrees and acknowledges that Company’s participation in the Program is strictly voluntary, and that AUSTIN ENERGY is under no obligation to allow Company or its master electrician to perform any Work related to the Program. Company covenants not to xxx XXXXXX ENERGY or pursue other remedies against AUSTIN ENERGY, legal or equitable, including breach of contract, tort (including negligence), strict liability and otherwise, in connection with the Program or any Work Company or its master electrician may perform related to the Program. COMPANY SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY OF AUSTIN, ITS OFFICERS, APPOINTED OR ELECTED OFFICIALS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (THE “INDEMNIFIED PARTIES”), AGAINST ALL COSTS, LIABILITIES, DAMAGES, CLAIMS, SUITS, ACTIONS, AND CAUSES OF ACTIONS (“CLAIMS”), TO THE EXTENT ARISING, DIRECTLY OR INDIRECTLY, OUT OF (A) I UNDERSTAND AND AGREE THAT YOUA BREACH OF THIS AGREEMENT OR VIOLATION OF LAW BY COMPANY OR ITS MASTER ELECTRICIAN , YOUR AFFILIATES, YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO ME (B) A FALSE REPRESENTATION OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCESWARRANTY MADE BY THE COMPANY OR ITS MASTER ELECRICIAN IN THIS AGREEMENT OR THE PROGRAM, OR HAVE ANY RESPONSIBILITY WHATSOEVER(C) THE NEGLIGENCE, FOR ANY SPECIALWILLFUL MISCONDUCT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES) THAT I MAY INCUR BREACH OF A STANDARD OF STRICT LIABILITY BY THE COMPANY OR ITS MASTER ELECTRICIAN IN CONNECTION WITH MY THIS AGREEMENT OR ANY WORK PERFORMED BY MASTER ELECTRICIAN OR COMPANY . CLAIMS TO BE INDEMNIFIED UNDER THIS ARTICLE INCLUDE CLAIMS FOR BODILY INJURY OR DEATH, OCCUPATIONAL ILLNESS OR DISEASE, LOSS OF SERVICES WAGES OR INCOME, DAMAGE, DESTRUCTION OR LOSS OF USE OF THE SERVICES PROVIDED BY YOU PROPERTY, AND WORKERS’ COMPENSATION CLAIMS. COMPANY’S OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING BUT ARTICLE ARE NOT LIMITED TO MY USE EXCUSED IN THE EVENT A CLAIM IS CAUSED IN PART BY THE ALLEGED NEGLIGENCE OR WILLFUL MISCONDUCT OF THE APP AND THE WEBSITE, AS WELL AS ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORM, INCLUDING THE ENTERING INTO OF TRANSACTIONS, AS WELL AS ANY SERVICES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), (COLLECTIVELY, THE “SERVICES”). YOU, YOUR AFFILIATES, AND YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICES OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF YOUR SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONSINDEMNIFIED PARTIES.

Limitation of Liability; Indemnification. (Aa) I UNDERSTAND AND AGREE THAT YOUNOTWITHSTANDING ANYTHING TO THE CONTRARY, YOUR AFFILIATES, YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES) THAT I MAY INCUR IN CONNECTION WITH MY USE OF THE SERVICES PROVIDED BY YOU UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MY USE OF THE APP AND THE WEBSITE, AS WELL AS ANY AND ALL FUNCTIONS AND FEATURES MADE AVAILABLE ON THE PLATFORM, INCLUDING THE ENTERING INTO OF TRANSACTIONS, AS WELL AS ANY SERVICES OF ANY KIND MADE AVAILABLE THROUGH THE PLATFORM BY ANY THIRD PARTY (INCLUDING ANY THIRD-PARTY SERVICE PROVIDER), (COLLECTIVELY, THE “SERVICES”)LESSOR. YOU, YOUR AFFILIATES, AND YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON FOR ANY DIRECT DAMAGES OF DELAYS LESSEE RESULTING FROM, ARISING OUT OF OR INTERRUPTIONS OF THE SERVICES IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABLITY OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF YOUR SYSTEMSOTHERWISE, REGARDLESS OF CAUSETHE THEORY OF LIABILITY. FURTHER, INCLUDING THOSE CAUSED BY GOVERNMENTAL NOTWITHSTANDING ANYTHING TO THE CONTRARY, with respect to each Schedule, Lessee agrees that (a) Lessor shall have no liability, cost or expense with respect to transportation, installation, selection, purchase, lease, ownership, possession, modification, maintenance, condition, operation, use, return or disposition of the Equipment, and (b) Lessor shall have no responsibility in connection with the selection of the Equipment, the ordering of the Equipment, its suitability for the use intended by Lessee, Lessee’s compliance or non-compliance with competitive pricing and/or bidding requirements, the acceptance by the vendor of the order submitted, if applicable, or any delay or failure by the vendor or its sales representative to, deliver, install, or maintain the Equipment for Lessee’s use. IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR REGULATORY ACTION, THE ACTION PUNITIVE DAMAGES IN CONNECTION WITH OR ARISING OUT OF ANY EXCHANGE SCHEDULE OR OTHER SELF REGULATORY ORGANIZATIONTHE EXISTENCE, FURNISHING, FUNCTIONING OR THOSE CAUSED BY SOFTWARE LESSEE’S USE OF ANY ITEM OF EQUIPMENT PROVIDED FOR IN ANY SCHEDULE, WHETHER IN CONTRACT, TORT, STRICT LIABLITY OR HARDWARE MALFUNCTIONSOTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY AND REGARDLESS OF WHETHER LESSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE PROVISIONS IN THIS MLA FAIRLY ALLOCATE THE RISKS BETWEEN THE PARTIES WITHOUT WHICH THEY WOULD NOT HAVE ENTERED INTO THIS MLA.