Common use of Limitation of Remedies Clause in Contracts

Limitation of Remedies. Myriant’s liability, and Buyer’s sole remedy, for any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED TO THE BREACH OF THESE TERMS, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCT.

Limitation of Remedies. Myriant’s liabilityCUSTOMER'S EXCLUSIVE AND SOLE REMEDY ON ACCOUNT OF, and Buyer’s sole remedyOR IN RESPECT OF, for any claim in respect of any products at any time sold or agreed to be sold by MyriantTHE FURNISHING OF NON-CONFORMING DELIVERABLES, is limited toSHALL BE TO (A) SECURE REPAIR OR REPLACEMENT OF THE PRODUCTS; OR (B) SECURE REPAIR OR RE- PERFORMANCE OF THE SERVICES OR TO OBTAIN A REFUND OF THE PRICE PAID FOR THE DEFECTIVE SERVICE, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming productALL AT COMPANY’S OPTION. IN NO EVENT WILL MYRIANT’S AGGREGATE THE COMPANY'S MAXIMUM LIABILITY TO BUYER EXCEED THE SELLING PRICE FOR THE DELIVERABLE. THE WARRANTY, OBLIGATIONS AND LIABILITIES OF COMPANY (INCLUDING ITS SUPPLIERS) AND THE RIGHTS AND REMEDIES OF CUSTOMER ARE EXCLUSIVE AND ARE IN LIEU OF AND CUSTOMER HEREBY WAIVES AND RELEASES ALL DAMAGES OTHER WARRANTIES, OBLIGATIONS, REPRESENTATIONS OR LIABILITIES EXPRESS OR IMPLIED ARISING FROM ANY AND ALL CLAIMS RELATED TO THE BREACH OF THESE TERMSBY LAW, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON IN CONTRACT, TORT (INCLUDING NEGLIGENCE), NEGLIGENCE OR STRICT LIABILITY, STATUTE, ) OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER INCLUDING BUT NOT LIMITED TO MYRIANT (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR THE PRODUCTS IN RESPECT A PARTICULAR PURPOSE OR ANY WARRANTY IMPLIED THROUGH COURSE OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE PERFORMANCE, COURSE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERYDEALING, OR THE DATE FIXED FOR DELIVERY USAGE OF TRADE OR (IN CASE OF NON-DELIVERYII) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF THE NEGLIGENCE OF COMPANY OR RELATING TO THESE TERMS COMPANY’S SUPPLIERS OR (III) ANY OTHER CLAIM ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE PROVISION PERFORMANCE OF COMPANY OR FROM THE DESIGN, MANUFACTURE, SALE, REPAIR, LEASE OR USE OF THE DELIVERABLE, OR ANY PRODUCTCOMPONENT THEREOF, DELIVERED OR RENDERED HEREUNDER OR OTHERWISE.

Limitation of Remedies. Myriant’s liabilitySELLER’S OPTION TO REPAIR, and Buyer’s sole remedyREPLACE OR REFUND THE PURCHASE PRICE FOR GOODS OR RE-PERFORM SERVICES IS BUYER’S EXCLUSIVE REMEDY AGAINST SELLER WHETHER SUCH REMEDY ARISES OUT OF BUYER’S CLAIM FOR BREACH OF WARRANTY, for any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM BREACH OF CONTRACT OR ANY AND ALL CLAIMS RELATED OTHER CLAIM WITH RESPECT TO THE BREACH GOODS AND SERVICES AND SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL DAMAGES (INCLUDING LOSS OF THESE TERMS, NON-DELIVERY, PROFIT OR THE PROVISION OF ANY PRODUCTSOTHER ECONOMIC LOSS) OR OTHER DAMAGES, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, STRICT PRODUCTS LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT EVEN IF SELLER HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY OR MULTIPLIED POSSILITY OF SUCH DAMAGES ARISING OUT OF THE FURNISHING, PERFORMANCE, USE OF, OR RELATING PROVIDING THE GOODS AND/OR SERVICES IN CONNECTION WITH THIS AGREEMENT. THE PARTIES AGREE THAT CONSEQUENTIAL DAMAGES FOR PURPOSES OF THIS AGREEMENT REPRESENT ANY DAMAGES OTHER THAN THE COST TO THESE TERMS REPAIR, REPLACE OR REFUND THE PROVISION PURCHASE PRICE OF ANY PRODUCTTHE GOODS OR SERVICES WITH RESPECT TO WHICH THE LOSS OCCURRED.

Limitation of Remedies. Myriant’s liabilityIT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT: (A) LESSOR SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATION, and Buyer’s sole remedyWARRANTY OR PROMISE MADE BY SELLER, for any claim in respect of any products at any time sold or agreed to be sold by MyriantNEITHER SELLER NOR LESSOR SHALL ACT AS, is limited toOR BE DEEMED TO BE, at Myriant’s option AN AGENT OF THE OTHER, AND LESSOR SHALL NOT BE BOUND BY, OR LIABLE FOR, ANY REPRESENTATION OR PROMISE MADE BY SELLER (iEVEN IF LESSOR IS AFFILIATED WITH SELLER); (B) replacing the particular quantity of nonconforming Product or LESSOR SHALL NOT BE LIABLE FOR ANY FAILURE OF ANY EQUIPMENT OR ANY DELAY IN ITS DELIVERY OR INSTALLATION; (iiC) refunding the purchase price of the particular quantity of nonconforming productLESSOR SHALL NOT BE LIABLE FOR ANY BREACH OF ANY WARRANTY THAT SELLER MAY HAVE MADE; (D) LESSEE HAS SELECTED ALL EQUIPMENT WITHOUT LESSOR'S ASSISTANCE; (E) LESSOR IS NOT A MANUFACTURER OF ANY EQUIPMENT; AND (F) LESSOR HAS NOT MADE AND DOES NOT NOW MAKE ANY REPRESENTATION OR WARRANTY, less the valueEXPRESS OR IMPLIED, if anyWITH RESPECT TO THE DESIGN, to Buyer of the nonconforming productCOMPLIANCE WITH SPECIFICATIONS, OPERATION, OR CONDITION OF ANY EQUIPMENT (OR ANY PART THEREOF), THE MERCHANTABILITY OR FITNESS OF EQUIPMENT FOR A PARTICULAR PURPOSE, OR ISSUES REGARDING PATENT INFRINGEMENT, TITLE AND THE LIKE. IN IT IS FURTHER AGREED THAT LESSOR SHALL HAVE NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER LESSEE, LESSEE'S CUSTOMERS, OR ANY THIRD PARTIES FOR ALL ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OUT OF THIS AGREEMENT OR ANY SCHEDULE OR CONCERNING ANY EQUIPMENT, OR FOR ANY DAMAGES BASED ON STRICT OR ABSOLUTE TORT LIABILITY; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL DEPRIVE LESSEE OF ANY RIGHTS IT MAY HAVE AGAINST ANY PERSON OTHER THAN LESSOR. LESSEE SHALL LOOK SOLELY TO SELLER FOR ANY AND ALL CLAIMS RELATED AND WARRANTIES RELATING TO THE BREACH OF THESE TERMSEQUIPMENT. Lessor hereby assigns to Lessee for the term of the applicable Schedule the right to enforce; provided no Event of Default then exists under this Agreement and such enforcement is pursued in Lessee's name, NON-DELIVERYany representations, OR THE PROVISION OF ANY PRODUCTSwarranties and agreements made by Seller pursuant to the purchase documents, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMEDand Lessee may retain any recovery resulting from any such enforcement efforts. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUYER LESSEE WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED AND ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY UCC AND ANY RIGHTS NOW OR MULTIPLIED DAMAGES ARISING OUT HEREINAFTER CONFERRED BY STATUTE OR OTHERWISE THAT MAY LIMIT OR MODIFY LESSOR'S RIGHTS AS DESCRIBED IN THIS SECTION OR OTHER SECTIONS OF OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCTTHIS AGREEMENT.

Limitation of Remedies. Myriant’s liabilityIN NO EVENT WILL ISI OR ITS AFFILIATES, and Buyer’s sole remedyOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, for any claim in respect of any products at any time sold or agreed to be sold by MyriantBE LIABLE TO END-USER OR ANY THIRD PARTY FOR ANY USE, is limited toINTERRUPTION, at Myriant’s option DELAY, OR INABILITY TO USE THE SOFTWARE, DEVICE OR SERVICE; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming productINCLUDING NEGLIGENCE), less the valueOR OTHERWISE, if any, to Buyer of the nonconforming productREGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ISI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MYRIANTISI’S AND ITS AFFILIATES’, INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS’ AND SERVICE PROVIDERS’, COLLECTIVE AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY AND ALL CLAIMS RELATED TO THE LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF THESE TERMS, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR AND OTHERWISE, EXCEED THE TOTAL PRICE FEES PAID BY BUYER TO MYRIANT ISI IN THE PRIOR TWELVE MONTHS PURSUANT TO THIS AGREEMENT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCTSERVICES.

Limitation of Remedies. Myriant’s liabilityEXCEPT AS EXPRESSLY PROVIDED IN THIS MASTER AGREEMENT, and Buyer’s sole remedyALL WARRANTIES, for any claim in respect of any products at any time sold or agreed to be sold by MyriantCONDITIONS, is limited toREPRESENTATIONS, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY INDEMNITIES AND ALL CLAIMS RELATED GUARANTEES WITH RESPECT TO THE BREACH PRODUCTS, THE INCORPORATED THIRD PARTY SOFTWARE, OTHER THIRD PARTY SOFTWARE, AND THE SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM PRIOR ORAL OR WRITTEN STATE S BY CSG, ITS AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF THESE TERMSMERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-DELIVERYINFRINGEMENT) ARE HEREBY OVERRIDDEN, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS IN RESPECT AND SERVICES BEING PROVIDED AS AGREED TO HEREIN ENTAIL THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS AND LOSSES, INCLUDING, BUT NOT LIMITED TO, INADVERTENT MUTILATION OF DOCUMENTS AND LOSS OF DATA, WHICH DAMAGES ARE CLAIMEDMAY GIVE RISE TO LOSS OR DAMAGE. NO CLAIM SHALL BE ALLOWED FOR PRODUCT CUSTOMER AGREES THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS CSG SHALL NOT BE RETURNED LIABLE DUE TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITIONSUCH ERRORS, OMISSIONS, DELAYS AND TO THE MAXIMUM EXTENT PERMITTED LOSSES UNLESS CAUSED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY CSG'S GROSS NEGLIGENCE OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCTWILLFUL AND INTENTIONAL MISCONDUCT.

Limitation of Remedies. Myriant’s liability, and Buyer’s sole remedy, for any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY SHALL WISE SOFTWARE SOLUTIONS BE LIABLE TO BUYER YOU FOR ALL ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM ANY AND ALL CLAIMS OUT OF OR RELATED TO THE BREACH OF THESE TERMSSOFTWARE, NON-DELIVERYTHIS XXXX, OR THE PROVISION OF ANY PRODUCTSPERFORMANCE OR BREACH THEREOF, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT EVEN IF WISE SOFTWARE SOLUTIONS HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF). IN PARTICULAR, PUNITIVEWISE SOFTWARE SOLUTIONS SHALL NOT BE LIABLE FOR THE LOSS OF INFORMATION ARISING FROM THE USE OF, EXEMPLARY OR MULTIPLIED DAMAGES INABILITY TO USE, THE SOFTWARE. WISE SOFTWARE SOLUTIONS' LIABILITY TO YOU, IF ANY, WHETHER ARISING OUT UNDER STATUTE, CONTRACT, STRICT LIABILITY, OR BASED UPON A CLAIM OF NEGLIGENCE OR RELATING SOME OTHER TORT CLAIM, SHALL IN NO EVENT EXCEED THE TOTAL LICENSE FEE PAID TO THESE TERMS WISE SOFTWARE SOLUTIONS HEREUNDER. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. NO WISE SOFTWARE SOLUTIONS DISTRIBUTOR, DEALER, EMPLOYEE OR AGENT IS AUTHORIZED TO MODIFY OR EXTEND THE ABOVE WARRANTIES OR REMEDIES IN ANY MANNER. SOME STATES MAY HAVE STATUTORY CONSUMER PROTECTION PROVISIONS WHICH MAY SUPERSEDE THIS PROVISION OF THE XXXX. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR THE PROVISION LIMITATION OF ANY PRODUCTINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Limitation of Remedies. Myriant’s liabilityEXCEPT AS EXPRESSLY PROVIDED IN THIS MASTER AGREEMENT, and Buyer’s sole remedyAND THE SCHEDULES AND ATTACHMENTS HERETO, for any claim in respect of any products at any time sold or agreed to be sold by MyriantALL WARRANTIES, is limited toCONDITIONS, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming productREPRESENTATIONS, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY INDEMNITIES AND ALL CLAIMS RELATED GUARANTEES WITH RESPECT TO THE BREACH PRODUCTS, THE INCORPORATED THIRD PARTY SOFTWARE, OTHER THIRD PARTY SOFTWARE, AND THE SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY CSG, ITS AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF THESE TERMSMERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-DELIVERYINFRINGEMENT) ARE HEREBY OVERRIDDEN, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS IN RESPECT AND SERVICES BEING PROVIDED AS AGREED TO HEREIN ENTAIL THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS AND LOSSES, INCLUDING, BUT NOT LIMITED TO, INADVERTENT MUTILATION OF DOCUMENTS AND LOSS OF DATA, WHICH DAMAGES ARE CLAIMEDMAY GIVE RISE TO LOSS OR DAMAGE. NO CLAIM SHALL BE ALLOWED FOR PRODUCT CUSTOMER AGREES THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS CSG SHALL NOT BE RETURNED LIABLE DUE TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITIONSUCH ERRORS, OMISSIONS, DELAYS AND TO THE MAXIMUM EXTENT PERMITTED LOSSES UNLESS CAUSED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY CSG'S GROSS NEGLIGENCE OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCTWILLFUL AND INTENTIONAL MISCONDUCT.

Limitation of Remedies. Myriant’s liabilitySELLER’S OPTION TO REPAIR, and Buyer’s sole remedyREPLACE OR REFUND THE PURCHASE PRICE FOR GOODS OR RE-PERFORM SERVICES IS BUYER’S EXCLUSIVE REMEDY AGAINST SELLER WHETHER SUCH REMEDY ARISES OUT OF BUYER’S CLAIM FOR BREACH OF WARRANTY, for any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM BREACH OF CONTRACT OR ANY AND ALL CLAIMS RELATED OTHER CLAIM WITH RESPECT TO THE BREACH OF THESE TERMSGOODS AND SERVICES AND SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, NON-DELIVERYDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOSS OR THE PROVISION OF ANY PRODUCTSPROFIT OR OTHER ECONOMIC LOSS) OR OTHER DAMAGES, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, STRICT PRODUCTS LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY EVEN IF BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY OR MULTIPLIED POSSILITY OF SUCH DAMAGES ARISING OUT OF THE FURNISHING, PERFORMANCE, USE OF, OR RELATING PROVIDING THE GOODS AND/OR SERVICES IN CONNECTION WITH THIS AGREEMENT. THE PARTIES AGREE THAT CONSEQUENTIAL DAMAGES FOR PURPOSES OF THIS AGREEMENT REPRESENT ANY DAMAGES OTHER THAN THE COST TO THESE TERMS REPAIR, REPLACE OR REFUND THE PROVISION PURCHASE PRICE OF ANY PRODUCTTHE GOODS WITH RESPECT TO WHICH THE LOSS OCCURRED.

Limitation of Remedies. Myriant’s liability, and Buyer’s sole remedy, for any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY SHALL COMPANY BE LIABLE TO BUYER CLIENT OR TO ANY THIRD PARTY FOR ALL ANY LOSS OF USE, REVENUE OR PROFIT, LOSS OF DATA, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING FROM ANY AND ALL CLAIMS RELATED TO THE OUT OF BREACH OF THESE TERMS, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, ) OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT REGARDLESS OF WHICH WHETHER SUCH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT WERE FORESEEABLE AND WHETHER OR NOT COMPANY HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF)OF SUCH DAMAGES, PUNITIVE, EXEMPLARY AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR MULTIPLIED DAMAGES OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO CLIENT ARISING OUT OF OR RELATING RELATED TO THESE TERMS THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO DIRECT MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE PROVISION TOTAL AMOUNT PAID TO COMPANY BY CLIENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE LOSS. THIS REMEDY IS CLIENT'S SOLE AND EXCLUSIVE REMEDY. THE COMPANY WILL NOT BE RESPONSIBLE FOR FAILURE TO PROVIDE SERVICES IF DUE TO ANY CAUSE OR CONDITION BEYOND THE REASONABLE CONTROL OF ANY PRODUCTCOMPANY.

Limitation of Remedies. Myriant’s LicensorЎЇs cumulative liability for all losses and damages under or in connection with this XXXX, including, without limitation, those arising out of contract, tort (including actions based on negligence, strict liability, and Buyer’s willful and/or intentional conduct), warranty, indemnity, or other theory of liability and whether for failure to deliver or perform, or related to the design, performance, use, defect or failure of the Software, and your sole and exclusive remedy, for any claim in respect of any products at any time sold or agreed shall be limited to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price greater of the particular quantity of nonconforming product, less amount you paid for the value, if any, to Buyer of the nonconforming productSoftware or U.S. $5.00. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED TO THE BREACH OF THESE TERMSSHALL LICENSOR OR ITS THIRD PARTY LICENSORS OR THEIR RESPECTIVE AFFILIATED COMPANIES, NON-DELIVERYSUPPLIERS, DISTRIBUTORS, OR RESELLERS Страница 3 BE LIABLE FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, COLLATERAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES RELATING TO OR THAT RESULT FROM USE OR INABILITY TO USE THE PROVISION SOFTWARE, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR LICENSOR OR ITS LICENSORS OR ITS AUTHORIZED RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY PRODUCTSCLAIM BY YOU BASED ON A THIRD PARTY CLAIM, AND REGARDLESS OF WHETHER THE FORM OF ACTION CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTEAND WILLFUL AND/OR INTENTIONAL CONDUCT), WARRANTY, INDEMNITY, OR OTHERWISEOTHER THEORY OF LIABILITY. YOU AGREE THAT (A) THE LIMITATIONS OF LIABILITY SET FORTH IN THIS XXXX REPRESENT A VALUABLE AND NECESSARY INDUCEMENT FOR LICENSOR TO LICENSE THE SOFTWARE TO YOU, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY AND (90B) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS LIMITATIONS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSIONCAUSE THIS XXXX TOFAIL OF ITS ESSENTIAL PURPOSE FOR LACK OF REMEDY OR OTHERWISE. IN ADDITIONSome states or regions do not allow limitations of liability, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCTso the above limitations may not apply to you and you may have other legal rights that vary by jurisdiction.

Limitation of Remedies. Myriant’s liability, CTT's entire liability and Buyer’s sole remedy, for any claim in respect your exclusive remedy shall be: replacement of any products at any time sold or agreed software media not meeting CTT's Limited Warranty and which is promptly returned to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming productCTT. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED TO THE BREACH OF THESE TERMS, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUYER WAIVES IN NO EVENT SHALL CTT, XXXXXXX BONNEFIN & XXXXX, PLC, OR OTHER SUPPLIERS OR DISTRIBUTORS BE LIABLE TO YOU FOR ANY CLAIM TO INDIRECTSPECIAL, *** Confidential Treatment Requested INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO DAMAGES FOR LOSS OR PROFITS, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PROFITS PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CTT, XXXXXXX BONNEFIN & XXXXX, PLC, OR ANY SUPPLIER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF)OF SUCH DAMAGES. IN NO EVENT SHALL XXXXXXX BONNEFIN & XXXXX, PUNITIVEPLC'S, EXEMPLARY OR MULTIPLIED ANY SUPPLIER OR DISTRIBUTOR'S LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATING LOSS TO THESE TERMS YOU OR TO ANY THIRD PARTY EXCEED ANY LICENSE FEE ACTUALLY PAID BY YOU FOR THE PROVISION OF ANY PRODUCTSOFTWARE.

Limitation of Remedies. Myriant’s liabilityLiability and Damages17.16 . EXCEPT AS SET FORTH HEREIN, and Buyer’s sole remedyTHERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, for any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM AND ANY AND ALL CLAIMS RELATED TO IMPLIED WARRANTIES ARE DISCLAIMED. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS PPA SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF THESE TERMSANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, NON-DELIVERY, SUCH EXPRESS REMEDY OR THE PROVISION MEASURE OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN OR IN A TRANSACTION, THE OBLIGOR’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERYCONSEQUENTIAL, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF)INCIDENTAL, PUNITIVE, EXEMPLARY OR MULTIPLIED INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES ARISING OUT OF BE WITHOUT REGARD TO THE CAUSE OR RELATING TO THESE TERMS OR CAUSES RELATED THERETO, INCLUDING THE PROVISION NEGLIGENCE OF ANY PRODUCTPARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE NOT A PENALTY, ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS.

Limitation of Remedies. Myriant’s liabilityEXCEPT WITH RESPECT TO THE INDEMNIFICATION OBLIGATIONS OF THE PARTIES PURSUANT TO SECTION 15, and Buyer’s sole remedyAND WITH RESPECT TO BREACHES OF SECTIONS 6, for any claim in respect of any products at any time sold 7 or agreed to be sold by Myriant19 HEREOF: (a) EACH PARTY’S SOLE REMEDY AGAINST THE OTHER FOR LOSS OR DAMAGE ARISING OUT OF THE PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT WILL BE PROVEN DIRECT, is limited to, at Myriant’s option ACTUAL DAMAGES; (ib) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER ANY PARTY BE LIABLE FOR ALL ANY INDIRECT, INCIDENTAL, RELIANCE, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFITS) ARISING FROM ANY AND ALL CLAIMS RELATED TO THE BREACH OUT OF THESE TERMS, ITS PERFORMANCE OR NON-DELIVERYPERFORMANCE UNDER THIS AGREEMENT, WHETHER OR NOT THAT PARTY HAD BEEN ADVISED OF THE PROVISION POSSIBILITY OF SUCH DAMAGES AND (c) IN NO EVENT WILL THE CUMULATIVE LIABILITY OF ANY PRODUCTSPARTY, REGARDLESS OF WHETHER THE CAUSE OR FORM OF ACTION IS BASED ON ACTION, INCLUDING CONTRACT, TORT (INCLUDING OR NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE AMOUNT PAID OR PAYABLE BY BUYER AT&T TO MYRIANT FOR PLATINUM PURSUANT TO THE PRODUCTS TERMS OF THIS AGREEMENT. AT&T’S VOTING SYSTEM AND ALL SERVICES RELATED THERETO AND ASPECTS THEREOF ARE PROVIDED ON IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION“AS IS” BASIS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAWAT&T EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, BUYER WAIVES WITH RESPECT THERETO, INCLUDING, WITHOUT LIMITATION, ANY CLAIM TO INDIRECTIMPLIED WARRANTIES OR WARRANTIES OR MERCHANTABILITY, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY ACCURACY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCTFITNESS FOR A PARTICULAR PURPOSE.

Limitation of Remedies. Myriant’s liabilityEXCEPT FOR BREACHES OF SECTION 2.8, and Buyer’s sole remedySECTION 8 OR 9, for any claim in respect of any products at any time sold or agreed to be sold by MyriantOR IN CONNECTION WITH THE PARTIES’ INDEMNIFICATION OBLIGATIONS UNDER SECTION 12, is limited toEACH PARTY, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming productWILL NOT, less the valueUNDER ANY CIRCUMSTANCES, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED BE LIABLE TO THE BREACH OF THESE TERMSOTHER PARTY FOR CONSEQUENTIAL, NON-DELIVERYINCIDENTAL, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF)SPECIAL, PUNITIVE, OR EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING RELATED TO THE TRANSACTION CONTEMPLATED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF A PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. EXCEPT FOR BREACHES OF SECTION 2.8, SECTION 8 OR IN CONNECTION WITH THE PARTIES’ INDEMNIFICATION OBLIGATIONS UNDER SECTION 12, EACH PARTY WILL NOT BE LIABLE TO THE OTHER PARTY FOR DAMAGES UNDER THIS AGREEMENT IN EXCESS OF THE AMOUNTS PAID BY HEARTBEAM TO LIVMOR UNDER THIS AGREEMENT (EXCEPT THAT WITH RESPECT TO BREACHES OF SECTION 9 BY EITHER PARTY, AND BREACHES OF THE BAA BY LIVMOR, EACH PARTY’S TOTAL LIABILITY WITH RESPECT TO SUCH BREACH WILL NOT EXCEED THREE TIMES (3X) OF THE AMOUNTS PAID BY HEARTBEAM TO LIVMOR UNDER THIS AGREEMENT). THESE TERMS OR LIMITATIONS WILL APPLY EVEN IF THE PROVISION REMEDIES AVAILABLE IN THIS AGREEMENT HAVE FAILED OF ANY PRODUCTTHEIR ESSENTIAL PURPOSE.

Limitation of Remedies. Myriant’s liabilityCHI's entire liability and your exclusive remedy shall ---------------------- be, and Buyer’s sole remedyat CHI's option, for any claim in respect either: (1) the replacement of any products at any time sold diskette(s) or agreed other media not meeting CHI's "Limited Warranty" and which is returned to be sold by MyriantCHI or an authorized CHI Software distributor or dealer within such one (1) year period with a copy of your receipt, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii2) refunding if CHI or the purchase price distributor or dealer is unable to deliver within 180 days after such return a replacement diskette(s) or other media meeting CHI's "Limited Warranty," you may terminate this Agreement by returning the Software (and all related documentation) and your money will be refunded. Any replacement of the particular quantity of nonconforming product, less Software will be warranted for the value, if any, to Buyer remainder of the nonconforming productoriginal warranty period or thirty (30) days, whichever is longer. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED TO THE BREACH OF THESE TERMS, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUYER WAIVES IN NO EVENT WILL CHI OR ANY CLAIM TO OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY INDIRECT, *** Confidential Treatment Requested SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING INCLUDING, WITHOUT LIMITATION ANY LIMITATION, DAMAGES FOR PERSONAL INJURY OR DEATH, DAMAGES FOR LOSS OF PROFITS BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER PECUNIARY LOSS), WHETHER RESULTING FROM DEFECTS IN THE MEDIA, OR ARISING OUT OF THE USE OR PERFORMANCE OF OR INABILITY TO USE OR THE RESULTS OF USE OF, THE DOCUMENTATION OR SOFTWARE, EVEN IF CHI OR AN AUTHORIZED SOFTWARE DISTRIBUTOR OR DEALER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF)OF SUCH DAMAGES, PUNITIVEOR FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXEMPLARY SO THE ABOVE LIMITATION OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING EXCLUSION MAY NOT APPLY TO THESE TERMS OR THE PROVISION OF ANY PRODUCTYOU.

Limitation of Remedies. Myriant’s liabilityEXCEPT AS SET FORTH HEREIN, and Buyer’s sole remedyTHERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, for any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM AND ANY AND ALL CLAIMS RELATED IMPLIED WARRANTIES ARE DISCLAIMED. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED REGARDLESS OF THE FAULT, NEGLIGENCE, OR STRICT LIABILITY OF THE PARTY WHOSE LIABILITY IS RELEASED OR LIMITED THEREBY. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. NOTWITHSTANDING ANYTHING HEREIN TO THE BREACH OF THESE TERMSCONTRARY, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM NEITHER PARTY SHALL BE ALLOWED LIABLE FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERYCONSEQUENTIAL, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF)INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR MULTIPLIED INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE EXPRESS INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES ARISING OUT OF BE WITHOUT REGARD TO THE CAUSE OR RELATING TO THESE TERMS OR CAUSES RELATED THERETO, INCLUDING THE PROVISION NEGLIGENCE OF ANY PRODUCTPARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT, OR CONCURRENT, OR ACTIVE OR PASSIVE. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS WILL NOT IN ANY WAY LIMIT LIABILITY OR DAMAGES UNDER ANY THIRD-PARTY CLAIMS, INCLUDING INDEMNIFIABLE CLAMS MADE BY A PARTY.

Limitation of Remedies. Myriant’s liabilityEXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, and Buyer’s sole remedyTHE PURCHASER’S EXCLUSIVE REMEDY IS LIMITED TO REPAIR OR REPLACEMENT OF ANY COMPONENT DEEMED BY NAUTILUS, for any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming productINC. TO BE DEFECTIVE UNDER THE TERMS AND CONDITIONS STATED HEREIN. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER NAUTILUS, INC. BE LIABLE FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED TO THE BREACH OF THESE TERMSSPECIAL, NON-DELIVERYCONSEQUENTIAL, INCIDENTAL, INDIRECT OR THE PROVISION OF ANY PRODUCTSECONOMIC DAMAGES, REGARDLESS OF WHETHER THE FORM THEORY OF ACTION IS BASED ON CONTRACTLIABILITY (INCLUDING, TORT (INCLUDING NEGLIGENCE)WITHOUT LIMITATION, STRICT PRODUCT LIABILITY, STATUTENEGLIGENCE OR OTHER TORT) OR FOR ANY LOST REVENUE, PROFIT, DATA, PRIVACY OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY OR MULTIPLIED PUNITIVE DAMAGES ARISING OUT OF OR RELATING RELATED TO THESE TERMS THE USE OF THE FITNESS MACHINE EVEN IF NAUTILUS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL TYPE DAMAGES SO THE PROVISION OF ANY PRODUCTABOVE LIMITATION MAY NOT APPLY TO YOU. State Laws This warranty gives you specific legal rights. You may also have other rights, which vary from state to state. Expirations If the warranty has expired, Nautilus, Inc. may assist with replacements or repairs to parts and labor, but there will be a charge for these services. Contact a Nautilus® office for information on post-warranty parts and services. Nautilus does not guarantee availability of spare parts after expiration of warranty period.

Limitation of Remedies. Myriant’s liabilityEXCEPT AS EXPRESSLY PROVIDED IN THIS MASTER AGREEMENT, and Buyer’s sole remedyALL WARRANTIES, for any claim in respect of any products at any time sold or agreed to be sold by MyriantCONDITIONS, is limited toREPRESENTATIONS, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY INDEMNITIES AND ALL CLAIMS RELATED GUARANTEES WITH RESPECT TO THE BREACH PRODUCTS, THE INCORPORATED THIRD PARTY SOFTWARE, OTHER THIRD PARTY SOFTWARE, AND THE SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY CSG, ITS AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF THESE TERMSMERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-DELIVERYINFRINGEMENT) ARE HEREBY OVERRIDDEN, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR EXCLUDED AND DISCLAIMED. CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS IN RESPECT AND SERVICES BEING PROVIDED AS AGREED TO HEREIN ENTAIL THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS AND LOSSES, INCLUDING, BUT NOT LIMITED TO, INADVERTENT MUTILATION OF DOCUMENTS AND LOSS OF DATA, WHICH DAMAGES ARE CLAIMEDMAY GIVE RISE TO LOSS OR DAMAGE. NO CLAIM SHALL BE ALLOWED FOR PRODUCT CUSTOMER AGREES THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS CSG SHALL NOT BE RETURNED LIABLE DUE TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITIONSUCH ERRORS, OMISSIONS, DELAYS AND TO THE MAXIMUM EXTENT PERMITTED LOSSES UNLESS CAUSED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY CSG'S GROSS NEGLIGENCE OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCTWILLFUL AND INTENTIONAL MISCONDUCT.

Limitation of Remedies. Myriant’s liabilityUNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL LICENSOR,OR ITS SUPPLIERS OR RESELLERS, and Buyer’s sole remedyBE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, for any claim in respect of any products at any time sold or agreed to be sold by MyriantSPECIAL, is limited toINCIDENTAL, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming productOR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUD- ING, less the valueWITHOUT LIMITATION, if anyDAMAGES FOR LOSS OF GOODWILL, to Buyer of the nonconforming productLOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE ( WHETHER OR NOT DUE TO ANY DEFECTS THEREIN). IN NO EVENT WILL MYRIANT’S AGGREGATE LICENSOR BE LIABLE FOR ANY DAMAGES EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO BUYER LIABILITY FOR ALL DAMAGES ARISING DEATH OR PERSONAL INJURY RESULTING FROM ANY AND ALL CLAIMS RELATED XXXXXXXX’ S NEGLIGENCE TO THE BREACH OF THESE TERMS, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. IN NO EVENT SHALL LICENSOR’ S LIABILITY EXCEED THE TOTAL PURCHASE PRICE PAID BY BUYER TO MYRIANT YOU FOR THE PRODUCTS SOFTWARE, IF ANY. THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACT- URED OR INTENDED FOR USE OR RESALE AS ON- LINE CONTROL EQUIPMENT IN RESPECT HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERYNUCLEAR FACILITIES, AIRCRAFT NAVIGA- TION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, PRENATAL OR OTHER SURGICAL OR MEDICAL CARE SYSTEMS, OR WEAPONS SYSTEMS, IN WHICH THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED FAILURE OF THE POSSIBILITY THEREOFSOFT- WARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, PHYSICAL OR EMOTIONAL IMPAIRMENT, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“ HIGH RISK ACTIVITIES”), PUNITIVE, EXEMPLARY . LICENSOR AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR MULTIPLIED DAMAGES ARISING OUT IMPLIED WARRANTY OF OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCTFITNESS FOR HIGH RISK ACTIVITIES.

Limitation of Remedies. Myriant’s liability, and Buyer’s sole remedy, for any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED NOTWITHSTANDING ANYTHING HEREIN TO THE BREACH OF THESE TERMSCONTRARY, NON-DELIVERYAND EXCEPT TO THE EXTENT A CLAIM, DEMAND, LOSS, OR THE PROVISION OF ANY PRODUCTSLEGAL ACTION (“CLAIM”) BROUGHT BY A THIRD PARTY INCLUDES ONE OR MORE SUCH ITEMS FOR WHICH THERE IS AN INDEMNITY OBLIGATION UNDER THIS AGREEMENT WITH RESPECT TO SUCH CLAIM, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM NEITHER PARTY SHALL BE ALLOWED LIABLE FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF)CONSEQUENTIAL, PUNITIVE, EXEMPLARY ACNR COAL SALES, INC. LG&E/KU Contract No. J24006 EXEMPLARY, SPECIAL OR MULTIPLIED DAMAGES ARISING OUT INDIRECT DAMAGES, LOST REVENUES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES; PROVIDED HOWEVER THAT A PARTY MAY BE LIABLE FOR ACTIONS FOR PRICE OR PROFITS SOLELY TO THE LIMITED EXTENT, IF ANY, UNDER THE KENTUCKY UNIFORM COMMERCIAL CODE, ARTICLE 2-SALES, AS IN EFFECT FROM TIME-TO-TIME. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, SELLER EXPRESSLY NEGATES ANY OTHER REPRESENTATION, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OR WARRANTY WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SELLER MAKES NO WARRANTY CONCERNING THE SUITABILITY OF COAL DELIVERED HEREUNDER FOR USE IN BUYER’S PLANTS, OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCTOTHER ELECTRIC GENERATION STATIONS.

Limitation of Remedies. Myriant’s liabilityTO THE EXTENT NOT PROHIBITED BY LAW, and Buyer’s sole remedyTANTALUS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, for any claim in respect of any products at any time sold or agreed to be sold by MyriantWARRANTIES, is limited toGUARANTEES, at Myriant’s option AND CONDITIONS OF ANY KIND, ARISING BY LAW OR OTHERWISE, WITH REGARD TO THE LICENSED SOFTWARE, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND QUALITY OF SERVICE. TANTALUS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SOFTWARE OR THE RESULTS CUSTOMER MAY OBTAIN BY USING THE LICENSED SOFTWARE OR THAT THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE OR THAT IT IS COMPLETELY SECURE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TANTALUS DOES NOT REPRESENT OR WARRANT THAT (iA) replacing the particular quantity of nonconforming Product or THE OPERATION OR USE OF THE LICENSED SOFTWARE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; OR (iiB) refunding the purchase price of the particular quantity of nonconforming productTHE QUALITY OF ANY PRODUCTS, less the valueSERVICES, if anyINFORMATION OR OTHER MATERIAL CUSTOMER PURCHASES OR OBTAINS THROUGH THE LICENSED SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER ACKNOWLEDGES THAT TANTALUS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, to Buyer of the nonconforming productINCLUDING THE INTERNET, AND THAT THE LICENSED SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. TANTALUS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY TANTALUS, THE LICENSED SOFTWARE IS PROVIDED TO CUSTOMER ON AN “AS IS” BASIS. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY SHALL TANTALUS OR ITS THIRD PARTY SUPPLIER(S) BE LIABLE TO BUYER CUSTOMER OR ANY THIRD PARTY FOR ALL ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS OPPORTUNITY, REVENUE, DATA OR DATA USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR OTHERWISE, ARISING FROM ANY AND ALL CLAIMS OR RELATED TO THE BREACH USE OF THESE TERMSTHE SOFTWARE OR ANY DATA DERIVED THEREFROM, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF TANTALUS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF)OF SUCH DAMAGES. THIRD PARTY BENEFICIARY. Oracle Canada ULC, PUNITIVEalong with any other third party that Tantalus may indicate in writing to Customer, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCTshall be a third-party beneficiary of this XXXX.

Limitation of Remedies. Myriant’s liabilityIN NO EVENT SHALL SENETEK BE LIABLE FOR ANY LOSS OF PROFITS, and Buyer’s sole remedyLOSS OF BUSINESS, for any claim in respect of any products at any time sold or agreed to be sold by MyriantLOSS OF USE OF DATA, is limited toINTERRUPTION OF BUSINESS, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming productOR INDIRECT, less the valueSPECIAL, if anyINCIDENTAL, to Buyer of the nonconforming productPUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF SENETEK HAS KNOWLEDGE OR NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL MYRIANTSHALL SENETEK BE LIABLE FOR ANY REPRESENTATION OR WARRANTY MADE BY USITC TO ANY THIRD PARTY. USITC ACKNOWLEDGES THAT IT IS PURCHASING THE PURCHASED ASSETS “AS IS” WITH NO REPRESENTATION OR WARRANTY EXCEPT THOSE SPECIFICALLY SET FORTH IN SECTION 4.1 HEREOF, THAT SUCH PURCHASE IS UNCONDITIONAL AND IRREVOCABLE NOTWITHSTANDING ANY BREACH OF ANY REPRESENTATION OR WARRANTY SET FORTH IN SECTION 4.1 HEREOF, THAT USITC SHALL NOT SEEK TO SET ASIDE OR ANNUL THIS AGREEMENT FOR ANY CAUSE WHATSOEVER, AND THAT USITC’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY SOLE AND ALL CLAIMS RELATED EXCLUSIVE REMEDY SHALL BE MONEY DAMAGES, SUBJECT TO THE BREACH OF THESE TERMS, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT LIMITATIONS SET FORTH ABOVE. USITC ACNOWLEDGES THAT SENETEK WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE PRODUCTS LIMITATIONS SET FORTH IN RESPECT THIS SECTION 7.3 AND THAT SUCH LIMITATIONS ARE A MATERIAL TERM OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCTTHIS AGREEMENT.

Limitation of Remedies. Myriant’s liability, and Buyer’s sole remedy, for any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN SURMODICS SHALL HAVE NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO ANY PERSON FOR, AND BUYER FOR HEREBY EXPRESSLY WAIVES, ALL REMEDIES AND DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED RELATING TO THE BREACH OF THESE TERMSINDIRECT, NON-DELIVERYINCIDENTAL, CONSEQUENTIAL OR THE PROVISION SPECIAL DAMAGES OF ANY PRODUCTSDESCRIPTION, REGARDLESS WHETHER ARISING OUT OF WHETHER THE FORM OF ACTION IS BASED ON WARRANTY OR OTHER CONTRACT, TORT (INCLUDING NEGLIGENCE)NEGLIGENCE OR OTHER TORT, ON THE BASIS OF STRICT LIABILITY, STATUTE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, RECISION, DIFFERENCE IN VALUE DAMAGES, CAPITAL LOSSES, FORESEEABLE BUSINESS LOSSES, LOSS OF PROFITS AND RELIANCE DAMAGES. THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS TO INDIRECT, INCIDENTAL, CONSEQUENTIAL AND SPECIAL DAMAGES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JURISDICTION THAT ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES SHALL SURMODICS’ AGGREGATE LIABILITY ARISING UNDER OR IN ANY WAY RELATED TO THIS TRANSACTION (INCLUDING BUT NOT LIMITED TO LIABILITY FOR BREACH OF ANY WARRANTY, FOR BREACH OR REPUDIATION OF ANY OTHER TERM OR CONDITION OF ANY AGREEMENT FORMED PURSUANT HERETO, FOR NEGLIGENCE, ON THE BASIS OF STRICT LIABILITY, OR OTHERWISE) EXCEED THE TOTAL PRICE AMOUNT PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCTBUYER.

Limitation of Remedies. Myriant’s liabilityCHI's entire liability and your exclusive remedy shall ---------------------- be, and Buyer’s sole remedyat CHI's option, for any claim in respect either: (1) the replacement of any products at any time sold diskette(s) or agreed other media not meeting CHI's "Limited Warranty" and which is returned to be sold by MyriantCHI or an authorized CHI Software distributor or dealer within such one (1) year period with a copy of your receipt, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii2) refunding if CHI or the purchase price distributor or dealer is unable to deliver within 180 days after such return a replacement diskette(s) or other media meeting CHI's "Limited Warranty", you may terminate this Agreement by returning the Software (and all related documentation) and your money will be refunded. Any replacement of the particular quantity of nonconforming product, less Software will be warranted for the value, if any, to Buyer remainder of the nonconforming productoriginal warranty period or thirty (30) days, whichever is longer. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED TO THE BREACH OF THESE TERMS, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUYER WAIVES IN NO EVENT WILL CHI OR ANY CLAIM TO OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY INDIRECT, *** Confidential Treatment Requested SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING INCLUDING, WITHOUT LIMITATION ANY LIMITATION, DAMAGES FOR PERSONAL INJURY OR DEATH, DAMAGES FOR LOSS OF PROFITS BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER PECUNIARY LOSS), WHETHER RESULTING FROM DEFECTS IN THE MEDIA, OR ARISING OUT OF THE USE OR PERFORMANCE OF OR INABILITY TO USE OR THE RESULTS OF USE OF, THE DOCUMENTATION OR SOFTWARE, EVEN IF CHI OR AN AUTHORIZED SOFTWARE DISTRIBUTOR OR DEALER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF)OF SUCH DAMAGES, PUNITIVEOR FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXEMPLARY SO THE ABOVE LIMITATION OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING EXCLUSION MAY NOT APPLY TO THESE TERMS OR THE PROVISION OF ANY PRODUCTYOU.

Limitation of Remedies. Myriant’s liability, and Buyer’s sole remedy, for 5.10.1 If any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity Services provided (and/or anything else supplied or performed by Contractor) hereunder fails to comply with the applicable requirements contained in this Agreement, including the warranty contained in Sections 4.1 and 4.2 above, then Contractor shall, upon receipt of nonconforming productwritten notice, less use diligent efforts to cure such breach, or, failing any such cure in a reasonable period of time, return the valueprofessional fees paid to Contractor for the Services giving rise to such breach and the professional fees paid to Contractor for Deliverables or other Services that are adversely affected by the breach. EXCEPT AS PROVIDED BELOW, if anyCLIENT AGREES THAT CONTRACTOR, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY ITS AFFILIATES, SUBCONTRACTORS, AND THEIR RESPECTIVE PERSONNEL SHALL NOT BE LIABLE TO BUYER CLIENT FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED CLAIMS, LIABILITIES, OR EXPENSES RELATING TO THE BREACH OF THESE TERMSTHIS AGREEMENT, NON-DELIVERYANY SOW, OR THE PROVISION SERVICES UNDER ANY SOW FOR AN AGGREGATE AMOUNT IN EXCESS OF THE FEES PAID BY CLIENT UNDER SUCH SOW, EXCEPT TO THE EXTENT FINALLY JUDICIALLY DETERMINED TO HAVE RESULTED PRIMARILY FROM THE RECKLESSNESS, BAD FAITH OR INTENTIONAL MISCONDUCT OF CONTRACTOR OR ITS SUBCONTRACTORS. EXCEPT TO THE EXTENT OF ANY PRODUCTSBREACH BY CONTRACTOR OF ITS OBLIGATIONS TO MAINTAIN CLIENT’S CONFIDENTIAL INFORMATION IN CONFIDENCE AS REQUIRED UNDER SECTION 5.11 HEREIN, REGARDLESS THE PROVISIONS OF THIS SECTION SET FORTH CLIENT'S EXCLUSIVE REMEDY AND CONTRACTOR'S SOLE LIABILITY ON ANY CLAIM, WHETHER THE FORM OF ACTION IS BASED ON CONTRACTIN TORT, TORT (INCLUDING NEGLIGENCE)CONTRACT OR OTHERWISE AND CONTRACTOR, STRICT LIABILITYITS AFFILIATES, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SUBCONTRACTORS AND THEIR RESPECTIVE PERSONNEL SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITIONLIABLE FOR ANY OTHER DAMAGE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAWCOST, BUYER WAIVES EXPENSE, OR LIABILITY OF ANY CLAIM TO KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LIMITATION, LOSS OF USE, DATA, GOODWILL, REVENUE OR PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF)OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES TO CLIENT ARISING FROM OR MULTIPLIED DAMAGES ARISING OUT OF RELATED TO THIS AGREEMENT, ANY SOW OR RELATING TO THESE TERMS SERVICES UNDER AN SOW OR THE PROVISION OF ANY PRODUCTDELAY IN PERFORMANCE OR DELIVERY, even if Contractor has been advised of the possibility of such damages.

Limitation of Remedies. Myriant’s liability, and Buyer’s sole remedy, for any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LICENSEE AGREES THAT ITS EXCLUSIVE REMEDIES AND LICENSOR'S ENTIRE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED WITH RESPECT TO THE BREACH OF THESE TERMS, NON-DELIVERY, OR THE PROVISION OF ANY SOFTWARE PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT AS SET FORTH HEREIN. LICENSEE FURTHER AGREES THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS LICENSOR AND ITS LICENSORS SHALL NOT BE RETURNED LIABLE TO MYRIANT LICENSEE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING, WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITIONLIMITATION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAWANY DAMAGES RESULTING FROM LOSS OF USE, BUYER WAIVES ANY CLAIM TO INDIRECTLOSS OF DATA, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THIS SOFTWARE LICENSE AGREEMENT, THE PERFORMANCE OF THE SOFTWARE PRODUCTS, TECHNICAL SUPPORT SERVICES OF ANY OTHER OBLIGATIONS RELATING TO THIS SOFTWARE LICENSE AGREEMENT, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF)OF SUCH DAMAGES. IN ANY CASE, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF ANY PRODUCTTHIS SOFTWARE LICENSE AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE PRODUCTS. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Remedies. Myriant’s liability11.1 THE FOREGOING WARRANTIES STATED WITHIN THIS PARAGRAPH HEREUNDER ARE IN LIEU OF ALL WARRANTIES, and Buyer’s sole remedyEXPRESS OR IMPLIED, for any claim in respect of any products at any time sold or agreed to be sold by MyriantINCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, is limited toWHETHER OR NOT MADE KNOWN TO EACH PARTY, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming productWHETHER IN TORT, less the valueCONTRACT STRICT LIABILITY, if anyOR OTHERWISE, to Buyer of the nonconforming productEXCEPT TO THE EXTENT OF THE INDEMNIFICATION PROVISIONS CONTAINED IN SECTION 9.1 OF THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO EACH PARTY, OR ANY SUBLICENSEE OR ANY OTHER PERSON, FIRM OR CORPORATION, OR OTHER ENTITY FOR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH THE USE OF THE XLI TECHNOLOGY OR ANY PART THEREOF, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF PROFITS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, OR OTHERWISE ARISING IN ANY MANNER OUT OF THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE XLI TECHNOLOGY, OR ANY PART THEREOF, WHETHER IN A CONTRACT, TORT OR OTHER FORM OF ACTION. THE WARRANTIES GIVEN ABOVE CONSTITUTE THE ONLY WARRANTIES MADE BY EACH PARTY WITH RESPECT TO THIS AGREEMENT. SUCH WARRANTIES ARE IN LIEU OF, AND EACH PARTY HEREBY WAIVES, ALL OTHER WARRANTIES OR GUARANTEES OF EACH PARTY WHETHER EXPRESS OR IMPLIED. 11.2 IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY XLI BE LIABLE TO BUYER PCPI FOR ALL DAMAGES ARISING FROM ANY EXCEEDING THE AMOUNT PAID TO XLI BY PCPI UNDER THE TERMS OF THIS AGREEMENT, AND ALL CLAIMS RELATED TO THE BREACH OF THESE TERMS, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS PCPI SHALL NOT BE RETURNED LIABLE FOR MORE THAN THE XXXXXXXXX LICENSE FEE WHEN AND AS PAID TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCTXLI.

Limitation of Remedies. Myriant’s liabilityYOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY WILL BE THAT (A) CODE 42 WILL ENDEAVOR TO CORRECT WITHIN A REASONABLE TIME ANY REPORTED FAILURE OF CODE 42 PRODUCTS TO SUBSTANTIALLY CONFORM TO OR PERFORM SUBSTANTIALLY IN ACCORDANCE WITH CODE 42'S SPECIFICATIONS, and Buyer’s sole remedyTO THE EXTENT SUCH SPECIFICATIONS EXIST, for any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option DURING THE WARRANTY PERIOD SET FORTH IN SECTION 12 OF THIS AGREEMENT OR (iB) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming productIN THE EVENT THAT CODE 42 SHALL FAIL OR BE UNABLE FOR ANY REASON TO CORRECT ANY SUCH FAILURE OR NON-CONFORMITY OF THE CODE 42 PRODUCTS YOU MAY TERMINATE THE END USER LICENSE AGREEMENT AS TO THE AFFECTED CODE 42 PRODUCTS. 14. LIMITATION OF CODE 42 LIABILITY. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY CODE 42 BE LIABLE TO BUYER YOU FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED LOST PROFITS, LOST SAVINGS, LOST DATA, UNAUTHORIZED ACCESS TO THE BREACH OR ALTERATION OF THESE TERMSYOUR TRANSMISSIONS OR DATA, NON-DELIVERYLOST REVENUE, OR THE PROVISION OF ANY PRODUCTSBUSINESS INTERRUPTION, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF)CAPITAL OR OTHER SPECIAL, PUNITIVE, EXEMPLARY CONSEQUENTIAL OR MULTIPLIED INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS THIS AGREEMENT OR ANY CODE 42 PRODUCT FURNISHED OR TO BE FURNISHED BY CODE 42 UNDER THIS AGREEMENT OR THE PROVISION USE THEREOF, EVEN IF CODE 42 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND THE AGGREGATE LIABILITY OF CODE 42 UPON ANY PRODUCTAND ALL CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY CODE 42 PRODUCTS FURNISHED OR TO BE FURNISHED BY CODE 42 UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY YOU TO CODE 42 FOR YOUR PURCHASES OF CODE 42 PRODUCTS UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL OPERATE TO RELIEVE CODE 42 FROM LIABILITY FOR ITS OWN WILLFUL OR WANTON RECKLESSNESS OR INTENTIONAL TORTS.

Limitation of Remedies. Myriant’s liability(a) SELLER WILL REPLACE, and Buyer’s sole remedyAT THE DELIVERY POINT SPECIFIED HEREIN, for any claim in respect of any products at any time sold or agreed to be sold by MyriantANY GOODS FURNISHED HEREUNDER THAT ARE CONFIRMED BY SELLER TO BE DEFECTIVE OR OTHERWISE FAIL TO CONFORM TO SELLER'S WARRANTY OR THIS AGREEMENT, is limited toOR, at Myriant’s option AT SELLER'S OPTION, SELLER WILL REPAY THE PRICE PAID FOR SUCH GOODS PLUS ANY TRANSPORTATION CHARGES PAID BY BUYER IN ADDITION TO SUCH PRICE AND LESS ANY SCRAP VALUE REALIZED BY BUYER FOR SUCH GOODS. CLAIMS FOR DAMAGED GOODS OR INCORRECT SIZE, GRADE OR QUANTITY OF GOODS MUST BE MADE IN WRITING, PROMPTLY, AND IN NO EVENT LATER THAN THIRTY (i30) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming productDAYS FOLLOWING DELIVERY OF GOODS TO BUYER, less the valueOR ALL SUCH CLAIMS SHALL BE DEEMED WAIVED. BUYER SHALL SET ASIDE, if anyPROTECT, to Buyer of the nonconforming productAND HOLD SUCH GOODS WITHOUT FURTHER PROCESSING UNTIL SELLER HAS AN OPPORTUNITY TO INSPECT AND ADVISE OF THE DISPOSITION, IF ANY, TO BE MADE OF SUCH GOODS. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY SHALL ANY GOODS BE RETURNED, REWORKED, OR SCRAPPED BY BUYER WITHOUT THE EXPRESS WRITTEN AUTHORIZATION OF SELLER. BUYER'S EXCLUSIVE REMEDIES WITH RESPECT TO ANY GOODS FURNISHED BY SELLER HEREUNDER THAT ARE FOUND TO BE DEFECTIVE OR OTHERWISE NOT IN CONFORMITY WITH SELLER'S WARRANTY OR THIS AGREEMENT SHALL BE LIMITED EXCLUSIVELY TO THE RIGHT TO REPLACEMENT THEREOF OR, AT SELLER'S OPTION, TO REPAYMENT OF THE PRICE, AS ABOVE PROVIDED. BUYER FOR ALL DAMAGES ARISING FROM SHALL INDEMNIFY SELLER WITH RESPECT TO ANY AND ALL CLAIMS RELATED TO THE BREACH OF THESE TERMSOTHER LOSS, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT INJURY (INCLUDING NEGLIGENCE)DEATH) OR DAMAGE TO PERSON OR PROPERTY, STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF AND ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITIONAND EXPENSES RELATING THERETO, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE PROVISION OF ANY PRODUCTGOODS.

Limitation of Remedies. Myriant’s liabilityTO THE EXTENT NOT PROHIBITED BY LAW, and Buyer’s sole remedyTANTALUS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, for any claim in respect of any products at any time sold or agreed to be sold by MyriantWARRANTIES, is limited toGUARANTEES, at Myriant’s option AND CONDITIONS OF ANY KIND, ARISING BY LAW OR OTHERWISE, WITH REGARD TO THE LICENSED SOFTWARE, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND QUALITY OF SERVICE. TANTALUS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SOFTWARE OR THE RESULTS CUSTOMER MAY OBTAIN BY USING THE LICENSED SOFTWARE OR THAT THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE OR THAT IT IS COMPLETELY SECURE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXXXXXXX DOES NOT REPRESENT OR WARRANT THAT (iA) replacing the particular quantity of nonconforming Product or THE OPERATION OR USE OF THE LICENSED SOFTWARE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; OR (iiB) refunding the purchase price of the particular quantity of nonconforming productTHE QUALITY OF ANY PRODUCTS, less the valueSERVICES, if anyINFORMATION OR OTHER MATERIAL CUSTOMER PURCHASES OR OBTAINS THROUGH THE LICENSED SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER ACKNOWLEDGES THAT TANTALUS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, to Buyer of the nonconforming productINCLUDING THE INTERNET, AND THAT THE LICENSED SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. TANTALUS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY TANTALUS, THE LICENSED SOFTWARE IS PROVIDED TO CUSTOMER ON AN “AS IS” BASIS. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY SHALL TANTALUS OR ITS THIRD PARTY SUPPLIER(S) BE LIABLE TO BUYER CUSTOMER OR ANY THIRD PARTY FOR ALL ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS OPPORTUNITY, REVENUE, DATA OR DATA USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR OTHERWISE, ARISING FROM ANY AND ALL CLAIMS OR RELATED TO THE BREACH USE OF THESE TERMSTHE SOFTWARE OR ANY DATA DERIVED THEREFROM, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF TANTALUS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF)OF SUCH DAMAGES. THIRD PARTY BENEFICIARY. Oracle Canada ULC, PUNITIVEalong with any other third party that Tantalus may indicate in writing to Customer, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCTshall be a third-party beneficiary of this XXXX.

Limitation of Remedies. Myriant’s liability, and Buyer’s sole remedy, for any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANTCOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, USERS AND AGENTS, (NOR COMPANY’S AGGREGATE LIABILITY TO BUYER SUPPLIERS) BE LIABLE FOR ALL ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF THE PRODUCTS, SERVICE INTERRUPTION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF INTEREST, LOST GOODWILL, LOSS OF DATA, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION, OR CLAIMS OF CUSTOMER'S CUSTOMERS, OR ANY OTHER LOSSES OR DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED TO THE BREACH OF THESE TERMS, NON-DELIVERY, OR THE PROVISION OUT OF ANY PRODUCTS, REGARDLESS LACK OR LOSS OF USE OF THE DELIVERABLES WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, WARRANTY, TORT (INCLUDING INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY OR NEGLIGENCE), STRICT LIABILITY, STATUTEPATENT INFRINGEMENT, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF)OF SUCH DAMAGES. CUSTOMER'S EXCLUSIVE AND SOLE REMEDY ON ACCOUNT OF, PUNITIVEOR IN RESPECT OF, EXEMPLARY THE FURNISHING OF NON-CONFORMING DELIVERABLES, SHALL BE TO (A) SECURE REPAIR OR MULTIPLIED DAMAGES ARISING OUT REPLACEMENT OF THE PRODUCTS OR RELATING TO THESE TERMS SERVICES; OR (B) OBTAIN A REFUND OF THE PROVISION OF ANY PRODUCTPRICE PAID FOR THE DEFECTIVE DELIVERABLE OR SERVICE, ALL AT COMPANY’S OPTION. IN NO EVENT WILL THE COMPANY'S MAXIMUM LIABILITY EXCEED THE SELLING PRICE FOR THE DELIVERABLE.

Limitation of Remedies. Myriant’s liability, and Buyer’s sole remedy, for any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY SHALL PRMI BE LIABLE TO BUYER YOU FOR ALL ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM ANY AND ALL CLAIMS OUT OF OR RELATED TO THE BREACH APPLICATION SUITE OR YOUR USE OF THESE TERMSTHE INFORMATION PROVIDED THROUGH THE APPLICATION SUITE, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT EVEN IF PRMI HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF). IN PARTICULAR, PUNITIVEPRMI SHALL NOT BE LIABLE FOR THE LOSS OF INFORMATION, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROVISION USE OF ANY PRODUCTINACCURATE INFORMATION, ARISING FROM THE USE OF, OR INABILITY TO USE, THE APPLICATION SUITE. PRMI'S LIABILITY TO YOU, IF ANY, WHETHER ARISING UNDER CONTRACT OR STATUTE, OR BASED UPON A CLAIM OF STRICT LIABILITY, NEGLIGENCE OR SOME OTHER TORT CLAIM, SHALL IN NO EVENT EXCEED THE TOTAL OF THE SUBSCRIPTION PAYMENTS YOU HAVE MADE TO PRMI DURING THE 12-MONTH PERIOD PRECEDING THE EVENT(S) UPON WHICH LIABILITY IS PREDICATED. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. YOU ACKNOWLEDGE THAT THE FORGOING LIMITATION OF REMEDIES IS A MATERIAL CONDITION OF PRMI’S WILLINGNESS TO ENTER INTO THIS AGREEMENT, AND THAT PRMI WOULD NOT ENTER INTO THIS AGREEMENT BUT FOR SUCH LIMITATION.