Common use of Seller’s Warranties Clause in Contracts

Seller’s Warranties. (a) Subject to the limitations in these Terms, Seller warrants to Buyer only, and not Buyer’s customers or any other third parties, that on delivery and for a period of 60 days from the date of delivery (“Warranty Period”) the Products shall (i) conform in all material respects with their description and any applicable specification; (ii) be free from material defects in design, material and workmanship; (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and (iv) be fit for any purpose held out by Seller (the “Warranty”). (b) The Warranty (and (where applicable) the warranty under Section 7(d)) is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (ii) Seller is given a reasonable opportunity to examine such goods and Buyer, if requested to do so by Seller, returns the Products to Seller’s place of business at Seller’s cost for inspection and testing; (iii) Seller’s inspection discloses to its satisfaction that any alleged non-conformance is material and has not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used in accordance with Seller’s instructions or (if there are none) good trade practice regarding the same; (v) Buyer has not made further use of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise as a result of Seller following any drawing, design or specification supplied by Buyer or using materials or components supplied by Buyer or its officers or from sources dictated by Buyer and (vii) the Products do not differ from their description or the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. (c) Except as provided in this Section, Seller shall have no liability to Buyer in respect of the Products’ failure to comply with the Warranty and breach of the warranty under Section 7(d)). (d) Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and the Contract. (e) Subject to (b) above Seller shall at its option repair or replace the defective Products or, in the case of Services, re-perform such Services or, refund the price of the Products in full. (f) These Terms shall apply to any repaired or replacement Products supplied by Seller. (g) This Section shall survive termination of the Contract. Factored products not manufactured at the Seller’s premises are not covered under the scope of the BSI registration.

Seller’s Warranties. (a) Subject A. Seller hereby warrants title to the limitations in these Terms, Gas sold and delivered hereunder and the right of Seller to sell the same; and Seller warrants to Buyer only, and not Buyer’s customers or any other third parties, that on delivery and for a period of 60 days from the date of delivery (“Warranty Period”) the Products shall (i) conform in all material respects with their description and any applicable specification; (ii) be free from material defects in design, material and workmanship; (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and (iv) be fit for any purpose held out by Seller (the “Warranty”). (b) The Warranty (and (where applicable) the warranty under Section 7(d)) such Gas is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (ii) Seller is given a reasonable opportunity to examine such goods and Buyer, if requested to do so owned by Seller, returns or that Seller has the Products right to market said Gas free from ad liens and adverse claims, including liens to secure payments of production taxes, severance taxes, and other taxes. Seller agrees to defend (with counsel reasonably acceptable to Buyer/Processor), indemnify Buyer/Processor and save it harmless from all suits, actions, debts, accounts, damages, costs, losses and expenses arising from or out of adverse claims, whether meritorious or not, of any and all persons, firms, or corporations to said Gas or to royalties, overriding royalties, taxes, license fees, or charges thereon, resulting from actions of, by, through or under Seller’s place , including, without limitation, nonpayment or incorrect payment of business at Seller’s cost for inspection and testing; (iii) Seller’s inspection discloses proceeds of production. Buyer/Processor shall be entitled to its satisfaction that any alleged non-conformance is material and has not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used in accordance with Seller’s instructions or (if there are none) good trade practice regarding the same; (v) Buyer has not made further use of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise recover all attorneys’ fees incurred as a result of Seller following its Involvement in any drawingaction or claim described herein. Buyer/Processor, design at any time thereafter, when it shall appear to Buyer/Processor by reason of receipt of written notice of claim or specification supplied by Buyer dispute that the ownership or using materials title to all or components supplied by Buyer or its officers or from sources dictated by Buyer and (vii) part of the Products do not differ from their description Leases, or the specification Gas produced therefrom, may be in a party or parties other than Seller, or upon learning of any other claims, liens, taxes, royalties, fees, expenses or other adverse claims, may suspend payments hereunder and retain as a result security for the performance of changes made Seller's obligations with respect thereto, the entire purchase price of the Gas until Buyer/Processor has been satisfied as to ensure they comply with applicable statutory the amount of such claim or regulatory requirements. (c) Except as provided in this Sectionownership claimed, and thereafter up to the amount of such ownership interest or claim until it has been finally determined and satisfied or until Seller shall have no liability furnished a bond to Buyer Buyer/Processor in an amount and with sureties satisfactory to Buyer/Processor, conditioned upon the protection of Buyer/Processor with respect of the Products’ failure to comply with the Warranty and breach of the warranty under Section 7(d)). (d) Except as set out in these Terms, all warranties, conditions and other terms implied by statute such ownership or common law are, to the fullest extent permitted by law, excluded from these Terms and the Contract. (e) Subject to (b) above Seller shall at its option repair or replace the defective Products or, in the case of Services, re-perform such Services or, refund the price of the Products in full. (f) These Terms shall apply to any repaired or replacement Products supplied by Seller. (g) This Section shall survive termination of the Contract. Factored products not manufactured at the Seller’s premises are not covered under the scope of the BSI registrationclaim.

Seller’s Warranties. (a) Subject to the limitations in these Terms, Seller expressly warrants to Buyer only, and not Buyer’s customers or any other third parties, that on delivery and for a period of 60 days from one year after Xxxxx's acceptance of the date of delivery goods or services hereunder, or for such longer periods may be expressly provided in the Purchase Order or under applicable law, all goods and services covered by the Purchase Order will: (“Warranty Period”a) strictly conform to Seller’s specifications, drawings, samples and other written materials and descriptions, or, to the Products shall (i) extent the goods were purchased to Buyer's specifications and drawings as set forth or referred to in the Purchase Order, that the goods strictly conform in all material respects with their description those specifications and any applicable specificationdrawings; (iib) be free from material defects in design, material and workmanship; (iiic) be of satisfactory merchantable quality and suitable for the particular purposes intended, whether express or reasonably implied; and (d) bear all warnings, labels, and markings required by applicable laws and regulations. In addition, Seller warrants that: (e) none of the goods covered hereby, to the extent they are subject to laws prohibiting adulteration or misbranding, is adulterated or misbranded within the meaning of such laws as of the Sale date of Goods Act 1979delivery to Buyer; (f) all goods covered hereby may be introduced into interstate commerce without violation of applicable laws and regulations; (g) all services have been performed in a good and workmanlike manner; and (ivh) be fit for any purpose held out by Seller (the “Warranty”). (b) The Warranty (and (where applicable) the warranty under Section 7(d)) is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (ii) Seller is given a reasonable opportunity to examine such all goods and Buyerservices furnished or rendered pursuant to the Purchase Order have been produced, if requested sold, delivered or rendered to do so by SellerBuyer in compliance with all applicable laws and regulations, returns including those set forth in Section 19. The Purchase Order also expressly includes all implied warranties set forth in Washington State’s enactment of the Products to Seller’s place Uniform Commercial Code or that are otherwise applicable. Seller further warrants that the goods are free and clear of business at Seller’s cost for inspection all liens, encumbrances, any actual or claimed patent, copyright or trademark infringement or other colorable claim. These warranties shall survive inspection, testing, delivery, acceptance, use and testing; (iii) Seller’s inspection discloses to its satisfaction that any alleged non-conformance is material and has not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used in accordance with Seller’s instructions or (if there are none) good trade practice regarding the same; (v) Buyer has not made further use of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise as a result of Seller following any drawing, design or specification supplied by Buyer or using materials or components supplied by Buyer or its officers or from sources dictated payment by Buyer and (vii) the Products do not differ from their description or the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. (c) Except as provided in this Section, Seller shall have no liability to Buyer in respect of the Products’ failure to comply with the Warranty and breach of the warranty under Section 7(d)). (d) Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, inure to the fullest extent permitted by lawbenefit of Buyer, excluded from these Terms its successors, assigns, customers, and the Contractusers of Buyer’s products. (e) Subject to (b) above Seller shall at its option repair These warranties may not be limited or replace the defective Products or, in the case of Services, re-perform such Services or, refund the price of the Products in full. (f) These Terms shall apply to any repaired or replacement Products supplied disclaimed by Seller. (g) This Section Buyer’s approval of Seller’s design, material, process, drawing, specifications, or the like shall survive termination not be construed to relieve Seller of the Contract. Factored products not manufactured at warranties set forth herein, nor shall a waiver by Buyer of any drawing or specification request for one or more articles constitute a waiver of any such requirements for the Seller’s premises are not covered remaining articles to be delivered under the scope of the BSI registrationPurchase Order unless so stated by Xxxxx in writing.

Seller’s Warranties. (a) Subject Seller warrants that it shall have good and marketable title to all goods furnished pursuant to the limitations in these Terms, Seller warrants Terms and Conditions of the Purchase Order and such goods shall be delivered to Buyer onlyfree and clear from all liens and encumbrances. Seller further warrants that all goods furnished pursuant to the Purchase Order shall be free from defects in material and workmanship and shall be in conformity with the requirements of the Purchase Order. Seller further warrants that such goods shall be merchantable and fit for the purpose for which they are purchased and shall be free from defects in design. Buyer’s approval of Seller’s design shall not be construed to relieve Seller of this warranty. Xxxxxx agrees that the warranties set forth in this Paragraph 11 shall survive acceptance of the goods. Said warranties shall be in addition to, and not in limitation or replacement of: (1) any warranties of additional scope given by Seller to Buyer’s customers or , which warranties of additional scope are incorporated by reference in the Purchase Order; and (2) any other third parties, that on delivery and for warranties which may exist as a period matter of 60 days from the date of delivery (“Warranty Period”) the Products shall (i) conform in all material respects with their description and any applicable specification; (ii) be free from material defects in design, material and workmanship; (iii) be of satisfactory quality (within the meaning law. None of the Sale of Goods Act 1979) warranties set forth in this Paragraph 11 and (iv) no other implied or express warranties shall be fit for any purpose held out deemed disclaimed, limited or excluded unless evidenced by Seller (an amendment to the “Warranty”). (b) The Warranty (and (where applicable) Purchase Order executed by the warranty under Section 7(d)) is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (ii) Seller is given a reasonable opportunity to examine such goods and Buyer, if requested to do so by Seller, returns the Products to Seller’s place of business at Seller’s cost for inspection and testing; (iii) Seller’s inspection discloses to its satisfaction that any alleged non-conformance is material and has not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used in accordance with Seller’s instructions or (if there are none) good trade practice regarding the same; (v) provisions of Paragraph 3 above. In the event of a breach of any of the foregoing warranties, Buyer has not made further use of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise as a result of Seller following any drawing, design or specification supplied by Buyer or using materials or components supplied by Buyer or its officers or from sources dictated by Buyer and (vii) the Products do not differ from their description or the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. (c) Except as provided in this Section, Seller shall have no liability to Buyer in respect of the Products’ failure to comply with the Warranty such remedies as are provided under this Purchase Order and breach of the warranty under Section 7(d)). (d) Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from within these Terms and the ContractConditions and are as provided by law. (e) Subject to (b) above Seller shall at its option repair or replace the defective Products or, Any remedies specified in the case Terms and Conditions for a breach of Serviceswarranty shall be in addition to, re-perform such Services orand shall not be in lieu of or otherwise limit, refund the price of the Products in full. any remedy which Buyer may have under applicable law, including (fwithout limitation) These Terms shall apply to any repaired or replacement Products supplied by Seller. (g) This Section shall survive termination of the Contract. Factored products not manufactured at the Seller’s premises are not covered under the scope of the BSI registrationclaims for damages.

Seller’s Warranties. Seller expressly warrants that the Commodities covered hereunder will strictly comply and conform to any specifications, drawings, or other descriptions set forth or incorporated by reference in this Agreement and any samples furnished by Adtran. All Commodities: (a) Subject to the limitations in these Terms, Seller warrants to Buyer only, and not Buyer’s customers or any other third parties, that on delivery and for a period of 60 days from the date of delivery (“Warranty Period”) the Products shall (i) conform in all material respects with their description and any applicable specification; (ii) will be free from material of defects in design, material design and workmanship; (iiib) will be merchantable and fit for purposes expressed in any specifications, drawings, or other descriptions which are a part of satisfactory quality this Agreement; and (within the meaning c) will conform to industry standards of performance and quality. Seller agrees to notify Adtran in advance of changes to its or its supplier's manufacturing process that may impact performance of the Sale of Goods Act 1979Commodities in Adtran's application. Seller further represents, with respect to intellectual property contained in the Commodities, that: (a) it has all right, title and (iv) be fit for any purpose held out by Seller (interest in and to the “Warranty”). Commodities and all associated intellectual property rights; (b) The Warranty (it has no knowledge that the Commodities infringe, violate or misappropriate any third party’s intellectual property rights, and (where applicable) the warranty under Section 7(d)) is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformityno third party has infringed, violated or misappropriated Supplier’s intellectual property rights; (ii) Seller is given a reasonable opportunity to examine such goods and Buyer, if requested to do so by Seller, returns the Products to Seller’s place of business at Seller’s cost for inspection and testing; (iii) Seller’s inspection discloses to its satisfaction that any alleged non-conformance is material and has not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used in accordance with Seller’s instructions or (if there are none) good trade practice regarding the same; (v) Buyer has not made further use of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise as a result of Seller following any drawing, design or specification supplied by Buyer or using materials or components supplied by Buyer or its officers or from sources dictated by Buyer and (vii) the Products do not differ from their description or the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. (c) Except as provided in this Sectionthere are no legal actions pending or threatened alleging any infringement, Seller shall have no liability to Buyer in respect misappropriation or ownership of the Products’ failure to comply with the Warranty Commodities; and breach of the warranty under Section 7(d)). (d) Except it is not subject to any outstanding or protective order that may restrict or impair Adtrans’ or its customers’ use of the Commodities. Adtran's waiver, release, or approval of design, material, data, or drawings will not relieve Seller of any warranty hereunder or any requirements under this Agreement. Articles not in conformity may, at Adtran's option, be returned to Seller at Seller's expense for repair, replacement, credit, or refund as set out in these TermsAdtran may direct, all or Adtran may retain same at a proper adjustment of price. The foregoing remedies are cumulative and do not limit or exclude any remedies provided by law or equity. Seller's warranties, conditions and other terms implied service policies, or similar undertakings of Seller shall be enforceable by statute or common law are, to the fullest extent permitted by law, excluded from these Terms Adtran's customers and the Contractusers of the Commodities, as well as by Adtran. (e) Subject to (b) above The foregoing warranty shall survive inspection, acceptance, and payment. Seller shall at its option repair or replace the defective Products or, maintain general business liability insurance in the case of Services, re-perform such Services or, refund the price of the Products in full. (f) These Terms shall apply amounts sufficient to any repaired or replacement Products supplied by Seller. (g) This Section shall survive termination of the Contract. Factored products not manufactured at the cover Seller’s premises are not covered under the scope of the BSI registrationliability arising herein, and in no event less than one million dollars ($1,000,000 USD).

Seller’s Warranties. The Seller warrants that this dog is of sound health at the time of this sale. The Seller is in breach of this warranty only if a licensed veterinarian certifies in writing within three (3) days of delivery of the dog to the Buyer that the dog is in ill health. The Seller further warrants that this dog is free of life threatening congenital defects up to six (6) months of age. The Seller is in breach of this warranty only if a licensed veterinarian certifies in writing within six (6) months of age that the dog has a life threatening congenital defect. If the Seller is in breach of either of the aforesaid warranties, the Buyer agrees that the sole remedy is to return the dog to the Seller at Seller’s address along with all registrations and health records within seven (7) days of the veterinarian’s certification, in which case the Seller, in the Seller’s sole discretion, shall either (a) Subject to refund the limitations in these Termsfull purchase price, Seller warrants to Buyer only, and not Buyer’s customers or any other third parties, that on delivery and for a period of 60 days from the date of delivery (“Warranty Period”) the Products shall (i) conform in all material respects with their description and any applicable specification; (ii) be free from material defects in design, material and workmanship; (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and (iv) be fit for any purpose held out by Seller (the “Warranty”). (b) The Warranty replace the dog within one (and (where applicable1) year with another dog of like breed from the warranty under Section 7(d)) next available litter that is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (ii) Seller is given a reasonable opportunity acceptable to examine such goods and the Buyer, if requested in which case the terms of this Agreement shall then apply to do so by Sellerthe replacement dog. The Buyer, returns who has had sufficient time to observe the Products dog and its behavior prior to Seller’s place delivery and execution of business this Agreement, acknowledges and agrees that this dog is of sound and normal temperament at Seller’s cost for inspection and testing; (iii) Seller’s inspection discloses to its satisfaction that any alleged non-conformance is material and has not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used in accordance with Seller’s instructions or (if there are none) good trade practice regarding the same; (v) time of this sale. The Buyer has not made further use of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise as a result of Seller following any drawing, design or specification supplied by Buyer or using materials or components supplied by Buyer or its officers or from sources dictated by Buyer and (vii) the Products do not differ from their description or the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. (c) Except as provided in this Section, Seller shall have no liability to Buyer in respect also acknowledges receipt of the Products’ failure to comply with the Warranty dog’s health records, including records of all shots and breach of the warranty under Section 7(d))wormings. (d) Except as set out in these TermsTHE SCOPE OF THE SELLER’S WARRANTIES AS SET FORTH ABOVE SHALL BE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY THE SELLER. SELLER MAKES NO OTHER WARRANTIES, all warrantiesEXPRESS OR IMPLIED, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and the ContractINCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (e) Subject to (b) above Seller shall at its option repair or replace the defective Products or, in the case of Services, re-perform such Services or, refund the price of the Products in full. (f) These Terms shall apply to any repaired or replacement Products supplied by Seller. (g) This Section shall survive termination of the Contract. Factored products not manufactured at the Seller’s premises are not covered under the scope of the BSI registrationIN NO EVENT SHALL SELLER BE LIABLE FOR THE PAYMENT OF CONSEQUENTIAL OR INCIDENTAL DAMAGES.

Seller’s Warranties. 12.1 The Seller warrants the following: (a) Subject The Seller has the authority to sell the Property and enter into this Agreement; (b) The Seller has a right to sell the Unattached Goods listed in clause 1.3(b); (c) The goods attached to the limitations Land and Buildings and the included Unattached Goods listed in these Terms, clause 1.3 are free and clear of financial encumbrances; (d) The Seller has disclosed to the Brokerage all third party claims and interests in the Property known to the Seller; (e) The Property is not currently the subject of any seller brokerage agreement; (f) All information provided to the Brokerage is accurate to the best of the Seller’s knowledge. 12.2 The Seller warrants that, to Buyer onlybest of the Seller’s knowledge, the following are truthful and accurate: (a) The current use of the Land and Buildings complies with the existing municipal land use bylaw; (b) The Buildings and other improvements on the Land are not Buyer’s customers placed partly or wholly on any easement or utility right-of-way and are entirely on the Land and do not encroach upon neighbouring lands, except where an encroachment agreement is registered on title; (c) The location of Buildings and other third partiesimprovements on the Land complies with all relevant municipal bylaws, regulations or relaxations granted by the appropriate municipality prior to the sale being completed, or the Buildings and other improvements on the Land are “non-conforming buildings” as that on delivery and for a period of 60 days from term is defined in the date of delivery Municipal Government Act (“Warranty Period”Alberta); (d) the Products shall (i) conform in all material respects current use of the Land and Buildings and the location of the Buildings and other improvements on the Land comply with their description and any applicable specificationrestrictive covenant on title; (iie) be free from material defects in design, material and workmanship; (iii) be of satisfactory quality (within Within the meaning of the Sale Income Tax Act (Canada), the Seller is not now, nor will be on Completion Day, a non-resident of Goods Act 1979) and (iv) be fit Canada nor is the Seller an agent or a trustee for any purpose held out by Seller (person with an interest in the “Warranty”). (b) The Warranty (and (where applicable) the warranty under Section 7(d)) Property who is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (ii) Seller is given a reasonable opportunity to examine such goods and Buyer, if requested to do so by Seller, returns the Products to Seller’s place of business at Seller’s cost for inspection and testing; (iii) Seller’s inspection discloses to its satisfaction that any alleged non-conformance is material resident of Canada; and has not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used in accordance with Seller’s instructions or (if there are none) good trade practice regarding the same; (v) Buyer has not made further use of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise as a result of Seller following any drawing, design or specification supplied by Buyer or using materials or components supplied by Buyer or its officers or from sources dictated by Buyer and (vii) the Products do not differ from their description or the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. (c) Except as provided in this Section, Seller shall have no liability to Buyer in respect of the Products’ failure to comply with the Warranty and breach of the warranty under Section 7(d)). (d) Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and the Contract. (e) Subject to (b) above Seller shall at its option repair or replace the defective Products or, in the case of Services, re-perform such Services or, refund the price of the Products in full. (f) These Terms shall apply to any repaired or replacement Products supplied by Seller. (g) This Section shall survive termination Where applicable, the Seller has complied with the bylaws of the Contract. Factored products not manufactured at the Seller’s premises are not covered under the scope of the BSI registrationCondominium Corporation.

Seller’s Warranties. Seller agrees, represents and warrants that, to Seller's knowledge and belief (aA) Subject Seller has the full right and authority to enter into this Agreement and to consummate the sale of the Property as set forth herein; (B) Seller has not received any notice and has no knowledge that the Property is or will be affected by any special assessments, condemnation, eminent domain, change in grade of public streets or similar proceedings; (C) Seller has entered into no unperformed agreement, oral or written, not referred to herein, with reference to the limitations in these Terms, Seller warrants to Buyer onlyProperty, and not Buyer’s customers neither the Seller nor the Property is subject to any judgment or decree of a court of competent jurisdiction, or to any other third partieslawsuit or administrative proceeding which would in any way adversely affect the Property or which would in any way be binding upon Purchaser or its successors or assigns, that on delivery or which would limit or restrict in any way Seller's rights and for a period of 60 days from ability to enter into this Agreement and consummate the date of delivery (“Warranty Period”) the Products shall (i) conform in all material respects with their description and any applicable specificationtransactions contemplated hereby; (ii) be free from material defects in design, material and workmanship; (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and (iv) be fit for any purpose held out by Seller (the “Warranty”). (b) The Warranty (and (where applicable) the warranty under Section 7(d)) is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (iiD) Seller is given a reasonable opportunity validly existing entity existing under the laws of the State of Georgia and the individual executing on behalf of the entity has authority to examine such goods and Buyerenter into the transaction contemplated by this Agreement, or if requested executed in an individual capacity, has authority to do so by Seller, returns the Products execute; (E) to Seller’s place of business at Seller’s cost for inspection 's best reasonable knowledge, Seller has good and testing; (iii) Seller’s inspection discloses marketable fee simple title to its satisfaction that any alleged non-conformance is material and has not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used Property which can be conveyed to Purchaser in accordance with Seller’s instructions or (if there are none) good trade practice regarding the sameterms and conditions of this Agreement; (v) Buyer has not made further use of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise as a result of Seller following any drawing, design or specification supplied by Buyer or using materials or components supplied by Buyer or its officers or from sources dictated by Buyer and (vii) the Products do not differ from their description or the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. (cF) Except as provided for the representations and warranties set forth in this Section, Seller shall have no liability to Buyer Agreement or in respect any of the Products’ failure to comply documents delivered at Closing (the "Seller's Warranties"), this sale is made and will be made without additional representations, covenants, or warranties of any kind by Seller and shall be made on an "as-is", "where-is" basis, with all faults, latent or patent. Consistent with the Warranty foregoing and breach subject solely to the Seller's Warranties, effective as of the warranty under Section 7(d)). Closing Date, Purchaser, for itself and its agents, affiliates, successors and assigns, hereby waives, relinquishes, releases and forever discharges Seller, its agents, affiliates, subsidiaries, successors and assigns (dcollectively the "Releasees") Except as set out from any and all rights, claims and demands at law or in these Termsequity, all warrantieswhether known or unknown, conditions and other terms implied by statute which Purchaser has or common law are, to the fullest extent permitted by law, excluded from these Terms and the Contract. (e) Subject to (b) above Seller shall at its option repair or replace the defective Products or, may have in the case of Servicesfuture, re-perform such Services or, refund the price arising out of the Products in full. (f) These Terms shall apply to any repaired physical, environmental, economic, legal or replacement Products supplied by Seller. (g) This Section shall survive termination other condition of the Contract. Factored products not manufactured at the Seller’s premises are not covered under the scope of the BSI registrationProperty.

Seller’s Warranties. (a) Subject Seller represents and warrants that: It is a Municipal Authority, duly organized, validly existing and in good standing under the laws of the Commonwealth of Pennsylvania, with full power and authority to make, execute, deliver and perform this Agreement and the limitations in these Termstransactions contemplated hereby. The execution, Seller warrants to Buyer only, and not Buyer’s customers or any other third parties, that on delivery and for performance of this Agreement have been duly authorized by all necessary actions on the part of Seller and this Agreement constitutes a period valid obligation of 60 days from the date of delivery (“Warranty Period”) the Products shall (i) conform in all material respects with their description and any applicable specification; (ii) be free from material defects in design, material and workmanship; (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and (iv) be fit for any purpose held out by Seller (the “Warranty”). (b) The Warranty (and (where applicable) the warranty under Section 7(d)) is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (ii) Seller is given a reasonable opportunity to examine such goods and Buyer, if requested to do so by Seller, returns the Products to Seller’s place of business at Seller’s cost for inspection and testing; (iii) Seller’s inspection discloses to its satisfaction that any alleged non-conformance is material and has not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used enforceable against it in accordance with Seller’s instructions its terms. It has good and marketable title to all Emission Reduction Benefits arising out of the XXX Creation Activities that are made available to Blue Source for resale and that such Emission Reduction Benefits shall be free and clear of all encumbrances of any kind. Seller shall immediately transfer title to and transfer or (if there are none) good trade practice regarding otherwise convey the same; (v) Buyer has not made further use ERBs to a third party purchaser or to Blue Source upon notice from Blue Source that such transfer is required pursuant to this Agreement or by a third party sale agreement. All Emission Reduction Benefits transferred to Blue Source shall be based on voluntary reductions of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise GHG emissions as a result of Seller following any drawing, design or specification supplied by Buyer or using materials or components supplied by Buyer the XXX Creation Activities. Data provided to Blue Source or its officers authorized representatives for the determination of the quantity and quality of Emission Reduction Benefits shall be accurate in all material respects. During the Term, Emission Reduction Benefits sold or from sources dictated available for sale to Blue Source pursuant to this Agreement shall not be sold, transferred or made available for use by Buyer Seller to any other person or entity for any other purpose. Seller will not claim any of the ERBs delivered or sold to Blue Source under this Agreement as part of its own carbon inventory, carbon footprint, or other carbon statement or declaration without disclosing, in conjunction with such claim, the general nature and (vii) impact of the Products do XXX transaction which is the subject of this Agreement. During the Term, Seller will provide in a timely manner all available and relevant information within Seller’s control necessary to allow Blue Source to evaluate, develop and market ERBs. Seller shall not differ from their description or conduct any activities that will result in a Material Reduction of ERBs. At the specification as a result Project is in material compliance with all applicable laws and shall remain in material compliance with all applicable laws during the Term. If Seller transfers ownership of changes made to ensure they comply with applicable statutory or regulatory requirements. (c) Except as provided in this Sectionthe Subject Properties during the Term, Seller shall have no liability ensure that in conjunction with any such transfer: (i) Seller’s transferee shall assume all of Seller’s obligations toward Blue Source or otherwise, which are created pursuant to Buyer in respect of the Products’ failure this Agreement; and (ii) Blue Source shall retain all rights afforded to comply with the Warranty and breach of the warranty under Section 7(d)). (d) Except as set out in these TermsBlue Source pursuant to this Agreement including, but not limited to, all warranties, conditions rights to collect and other terms implied market all ERBs generated by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and Project throughout the Contract. (e) Subject to (b) above Seller shall at its option repair or replace the defective Products or, in the case of Services, re-perform such Services or, refund the price of the Products in full. (f) These Terms shall apply to any repaired or replacement Products supplied by Seller. (g) This Section shall survive termination of the Contract. Factored products not manufactured at the Seller’s premises are not covered under the scope of the BSI registrationTerm.

Seller’s Warranties. Seller represents and warrants that: (a) Subject all Goods will conform to the limitations in these Termsrequirements of the Order (including all descriptions, Seller warrants to Buyer onlyspecifications, and drawings made a part of the Order); (b) all Goods will be merchantable, fit for their intended purposes, free from all defects in materials and workmanship, and, to the extent not manufactured pursuant to detailed designs furnished by Buyer’s customers or any other third parties, that on delivery and for a period of 60 days free from the date of delivery defects in design; (“Warranty Period”c) the Products Services shall be performed in a professional manner, by qualified, competent Personnel, and in conformity with applicable law; (d) Seller and its Personnel have and will comply with all applicable laws, rules, regulations, and ordinances applicable to the Agreement, the Goods, their provision of the Services, and their other performance; (e) Buyer will receive good and merchantable title to the Goods and Work Product, free of all liens, claims, or encumbrances; (f) the Work Product, Vendor’s Materials, and/or any component thereof or their use by Buyer do not infringe or misappropriate any patent, copyright, trademark, trade secret, or other proprietary right of any person, and there is no claim, litigation, or proceeding pending or threatened alleging any of the foregoing; (g) neither Seller nor its Personnel are prohibited by law, contract, or otherwise from performing the Services; (h) it has the full right, power, and authority to perform all the obligations of this Agreement without the consent of any third party, or to the extent any consent is needed, such consent has been obtained or will be obtained prior to the applicable performance; and (i) conform in all material respects with their description and any applicable specification; (ii) materials delivered to Buyer will be free from material defects in designof viruses or other malicious code of any kind that may disable, material and workmanship; (iii) be erase, display any unauthorized message/content, permit unauthorized access, or otherwise impair Buyer’s software, hardware, data, or systems.. Neither Buyer’s approval of satisfactory quality (within the meaning Seller’s designs or specifications nor Buyer’s acceptance of Goods or result of the Sale Services will relieve Seller of Goods Act 1979) and (iv) its obligations under this warranty. Xxxxx’s warranty rights hereunder are in addition to but will not be fit for limited by any purpose held out by Seller (the “Warranty”). (b) The Warranty (and (where applicable) the warranty under Section 7(d)) is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (ii) Seller is given a reasonable opportunity to examine such goods and Buyer, if requested to do so by Seller, returns the Products to Seller’s place of business at Seller’s cost for inspection and testing; (iii) Seller’s inspection discloses to its satisfaction that any alleged non-conformance is material and has not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used in accordance with Seller’s instructions or (if there are none) good trade practice regarding the same; (v) Buyer has not made further use of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise as a result of Seller following any drawing, design or specification supplied by Buyer or using materials or components supplied by Buyer or its officers or from sources dictated by Buyer and (vii) the Products do not differ from their description or the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. (c) Except as provided in this Section, Seller shall have no liability to Buyer in respect of the Products’ failure to comply with the Warranty and breach of the warranty under Section 7(d)). (d) Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and the Contract. (e) Subject to (b) above Seller shall at its option repair or replace the defective Products or, in the case of Services, re-perform such Services or, refund the price of the Products in full. (f) These Terms shall apply to any repaired or replacement Products supplied standard warranties offered by Seller. (g) This Section shall section will survive the termination of the Contract. Factored products not manufactured at the Seller’s premises are not covered under the scope of the BSI registrationOrder.

Seller’s Warranties. (a) Subject to the limitations Unless otherwise provided in these Termsthis Order, Seller warrants the Products to Buyer only, and not Buyer’s customers or any other third parties, that on delivery and for a period of 60 days one (1) year from the date of delivery delivery, all of its parts and components for manufacturing defects, functioning, and/or hidden defects. If any Product or any part thereof is deemed defective, Buyer may return the same at Seller’s expense, for its repair and/or replacement, at Buyer’s sole discretion; (“Warranty Period”b) Seller expressly warrants that the Products shall (i) covered by this Order will conform in all material respects with their to the specifications, drawings, samples, or other description and any applicable specification; (ii) furnished by Buyer, will be free from material defects in designmerchantable, will be of good material and workmanship; (iii) be , free from defect, fit and sufficient for Buyer’s intended use and of satisfactory quality (within good title delivered free of any lien or encumbrance of any kind. Buyer reserves the meaning right to accept or reject any and all Products in breach of the Sale of Goods Act 1979) any such warranties and (iv) be fit to hold Seller liable for any purpose held out by Seller (the “Warranty”). (b) The Warranty (and (where applicable) the warranty under Section 7(d)) is valid only if (i) Buyer notifies Seller in writing within 30 days all damages resulting from discovery of any alleged nonconformitysuch breach; (ii) Seller is given a reasonable opportunity to examine such goods and Buyer, if requested to do so by Seller, returns the Products to Seller’s place of business at Seller’s cost for inspection and testing; (iii) Seller’s inspection discloses to its satisfaction that any alleged non-conformance is material and has not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used in accordance with Seller’s instructions or (if there are none) good trade practice regarding the same; (v) Buyer has not made further use of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise as a result of Seller following any drawing, design or specification supplied by Buyer or using materials or components supplied by Buyer or its officers or from sources dictated by Buyer and (vii) the Products do not differ from their description or the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. (c) Except as provided in this Sectionwith Products produced exactly from Buyer’s designs, Seller shall have no liability warrants that the Products and the sale or use of them will not infringe or contribute to Buyer in respect the infringement of any intellectual property right of any third party, including without limitation any patent, trademark, copyright or other proprietary right, and Seller agrees to defend, indemnify and hold harmless Buyer, its subsidiaries, affiliates, representatives, successors, assignees, customers and users of the Products against any claim, liability, or lawsuit in connection thereto, including without limitation from any direct, indirect and consequential damages, claims and demands for actual or alleged infringement of any intellectual property right related to the Products’ failure ; (d) Whether this Order refers to goods or to services, Seller represents and warrants that the Products and performance of its obligations hereunder shall be in compliance with all applicable laws, codes, regulations, rules, and ordinances, and further agrees to give immediate notice if any product, material, or the like furnished hereunder fails to comply with the Warranty applicable statutes, regulations, and breach bylaws of the warranty under Section 7(d)). (d) Except as set out in these Termsany federal, all warrantiesstate, conditions or local authority; and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and the Contract. (e) Subject to (b) above All warranties of Seller shall at its option repair or replace the defective Products or, in the case of Services, re-perform such Services or, refund the price survive delivery of the Products in full. (f) These Terms and shall apply to any repaired not be deemed waived either by reason of inspection and/or acceptance of said goods or replacement Products supplied services or by Seller. (g) This Section shall survive termination of the Contract. Factored products not manufactured at the Seller’s premises are not covered under the scope of the BSI registrationpayment therefore by Buyer.

Seller’s Warranties. Seller acknowledges that the warranties and representations of Seller contained in this Agreement including the warranties and representations contained in Section 4 (aWarranties) Subject to the limitations in these Terms, Seller warrants are material inducements to Buyer onlyto enter into this Agreement. All Warranties, and not Buyer’s customers 's right to assert a breach of them, shall survive execution of this Agreement, Closing, and the execution and delivery of the Closing documents. If, before Closing, Buyer discovers or is advised that any other third partiesof the Warranties was untrue when made, Buyer shall have the option to either (1) terminate this Agreement, without waiving any cause of action that on delivery and for a period Buyer may be entitled to assert against Seller by reason of 60 the breach of the Warranty, or (2) continue this Agreement, waiving any cause of action that Buyer may be entitled to assert against Seller by reason of the breach of the Warranty. If Buyer elects to terminate this Agreement, Buyer must notify Seller of such election prior to Closing. If Buyer shall fail to terminate this Agreement, Buyer shall be conclusively deemed to have waived at Closing any cause of action of which Buyer had knowledge. If, after Closing, Buyer discovers or is advised that any of the Warranties was untrue when made, then Buyer shall give Seller written notice within ten (10) days from the date it discovers or is advised of delivery any such allegation(s) pertaining to the Warranties, and should Seller fail to acknowledge receipt by either denying such allegation(s) or acknowledging and proposing a plan to remedy such problem(s) twenty (“Warranty Period”20) the Products shall (i) conform days thereafter, Buyer may pursue any remedy available to Buyer at law or in all material respects with their description and any applicable specification; (ii) be free from material defects in design, material and workmanship; (iii) be of satisfactory quality (within the meaning equity by reason of the Sale of Goods Act 1979) and (iv) be fit for any purpose held out by Seller (the “Warranty”). (b) The Warranty (and (where applicable) the warranty under Section 7(d)) is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (ii) Seller is given a reasonable opportunity to examine such goods and Buyer, if requested to do so by Seller, returns the Products to Seller’s place of business at Seller’s cost for inspection and testing; (iii) Seller’s inspection discloses to its satisfaction that any alleged non-conformance is material and has not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used in accordance with Seller’s instructions or (if there are none) good trade practice regarding the same; (v) Buyer has not made further use breach of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise as a result of Warranty. Seller following any drawing, design or specification supplied by Buyer or using materials or components supplied by Buyer or its officers or from sources dictated by Buyer warrants and (vii) the Products do not differ from their description or the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. (c) Except as provided in this Section, Seller shall have no liability represents to Buyer in respect of that the Products’ failure to comply with the Warranty following matters are true and breach of the warranty under Section 7(d)). (d) Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and the Contract. (e) Subject to (b) above Seller shall at its option repair or replace the defective Products or, in the case of Services, re-perform such Services or, refund the price of the Products in full. (f) These Terms shall apply to any repaired or replacement Products supplied by Seller. (g) This Section shall survive termination of the Contract. Factored products not manufactured at the Seller’s premises are not covered under the scope of the BSI registrationcorrect.

Seller’s Warranties. (a) Subject Seller hereby warrants title to the limitations in these Terms, Purchased Gas sold and delivered hereunder and the right of Seller to sell the same; and Seller warrants to Buyer only, and not Buyer’s customers or any other third parties, that on delivery and for a period of 60 days from the date of delivery (“Warranty Period”) the Products shall (i) conform in all material respects with their description and any applicable specification; (ii) be free from material defects in design, material and workmanship; (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and (iv) be fit for any purpose held out by Seller (the “Warranty”). (b) The Warranty (and (where applicable) the warranty under Section 7(d)) such Gas is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (ii) Seller is given a reasonable opportunity to examine such goods and Buyer, if requested to do so owned by Seller, returns or that Seller has the Products right to Seller’s place market said Gas, free from all liens and adverse claims of business at Seller’s cost for inspection title (“Adverse Claims”), excluding liens to secure payments of production taxes, severance taxes, and testing; (iii) Seller’s inspection discloses other taxes. Seller agrees to its satisfaction that indemnify Buyer and save it harmless from all suits, actions, debts, accounts, damages, costs, losses and expenses arising from or out of Adverse Claims, whether meritorious or not, of any alleged non-conformance is material and has not been caused all persons, firms, or corporations to said Gas or to royalties, overriding royalties, taxes, license fees, or charges thereon. Buyer shall be entitled to recover all reasonable costs and attorneys’ fees incurred by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used in accordance with Seller’s instructions or (if there are none) good trade practice regarding the same; (v) Buyer has not made further use of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise it as a result of Seller following its involvement in any drawingaction or claim involving Adverse Claims. When it shall appear to Buyer by reason of receipt of written notice of claim or dispute that the ownership or title to all or part of the Leases, design or specification supplied by Buyer or using materials or components supplied by Buyer or its officers or from sources dictated by Buyer and (vii) the Products do not differ from their description or the specification Purchased Gas, may be in a party or parties other than Seller or the Other Wl Owners, then Buyer may suspend payments hereunder, up to the amount of such claim and without payment of interest, unless otherwise required by statute, and retain as security for the performance of Seller’s obligations with respect thereto, a result dollar amount up to the amount of changes made to ensure they comply with applicable statutory such disputed ownership interest or regulatory requirements. (c) Except as provided in this Sectionclaim until it has been finally determined and satisfied, or until Seller shall have no liability furnished a bond to Buyer in an amount and with sureties satisfactory to Buyer, conditioned upon the protection of Buyer with respect of the Products’ failure to comply such ownership or claim. ***Certain information in this document has been omitted and filed separately with the Warranty Securities and breach of the warranty under Section 7(d))Exchange Commission. (d) Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, Confidential treatment has been requested with respect to the fullest extent permitted by law, excluded from these Terms and the Contract. (e) Subject to (b) above Seller shall at its option repair or replace the defective Products or, in the case of Services, re-perform such Services or, refund the price of the Products in full. (f) These Terms shall apply to any repaired or replacement Products supplied by Seller. (g) This Section shall survive termination of the Contract. Factored products not manufactured at the Seller’s premises are not covered under the scope of the BSI registrationomitted portions.

Seller’s Warranties. Seller represents and warrants that (a) Subject it has the full corporate power and authority to enter into this Agreement and to convey the rights conveyed to Buyer hereunder; (b) this Agreement has been duly executed and delivered by Seller and constitutes a legally valid and binding obligation of Seller, enforceable against Seller in accordance with its terms, except to the limitations extent that enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally and subject to general principles of equity (regardless of whether such enforcement is considered in these Termsa proceeding at law or at equity); (c) it has good and marketable title to the Assets and Intellectual Property Rights, free and clear of all mortgages, liens, loans and encumbrances; (d) to the best of Seller's knowledge, the Assets and Intellectual Property Rights do not infringe any Intellectual Property Rights of others; and (e) Seller warrants does not own or control, in whole or in part, any rights in any other patents, patent applications or other intellectual property, the claims of which would dominate the claims of any of the Assets and Intellectual Property Rights. Seller shall not settle any claim, suit, proceeding or action arising out of or relating to Buyer only, and not Buyer’s customers any breach (or any other third partiesclaim that, that on delivery and for if true, would be a period of 60 days from the date of delivery (“Warranty Period”breach) the Products shall (i) conform in all material respects with their description and any applicable specification; (ii) be free from material defects in design, material and workmanship; (iii) be of satisfactory quality (within the meaning of the Sale foregoing warranties without the prior written consent of Goods Act 1979Buyer, which shall not be unreasonably withheld. Seller's representations and warranties set forth in clauses (d) and (ive) shall expire six (6) months after the Effective Date and shall thereafter be fit for any purpose held out by Seller (the “Warranty”)of no further force or effect. (b) The Warranty (and (where applicable) the warranty under Section 7(d)) is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (ii) Seller is given a reasonable opportunity to examine such goods and BuyerIn addition, if requested to do so by Seller, returns the Products to Seller’s place of business at Seller’s cost for inspection and testing; (iii) Seller’s inspection discloses to its satisfaction that any alleged non-conformance is material and has not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used in accordance with Seller’s instructions or (if there are none) good trade practice regarding the same; (v) Buyer has not made further use of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise as a result of Seller following any drawing, design or specification supplied by Buyer or using materials or components supplied by Buyer or its officers or from sources dictated by Buyer and (vii) the Products do not differ from their description or the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. (c) Except as provided in this Section, Seller shall have no 's maximum liability to Buyer in respect of the Products’ failure to comply with the Warranty and for any breach of its representations and warranties hereunder shall be the warranty under Section 7(d))Purchase Price. (d) Except In no event shall Seller be required to obtain a bond or other assurance of performance as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted contingent liability represented by law, excluded from these Terms and the Contract. (e) Subject to (b) above Seller shall at its option repair or replace the defective Products or, in the case of Services, re-perform such Services or, refund the price of the Products in full. (f) These Terms shall apply to any repaired or replacement Products supplied by Seller. (g) This Section shall survive termination of the Contract. Factored products not manufactured at the Seller’s premises are not covered obligation under the scope of the BSI registrationforegoing representations and warranties.

Seller’s Warranties. (a) Subject A. Seller hereby warrants title to the limitations in these Terms, Gas sold and delivered hereunder and the right of Seller to sell the same; and Seller warrants to Buyer only, and not Buyer’s customers or any other third parties, that on delivery and for a period of 60 days from the date of delivery (“Warranty Period”) the Products shall (i) conform in all material respects with their description and any applicable specification; (ii) be free from material defects in design, material and workmanship; (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and (iv) be fit for any purpose held out by Seller (the “Warranty”). (b) The Warranty (and (where applicable) the warranty under Section 7(d)) such Gas is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (ii) Seller is given a reasonable opportunity to examine such goods and Buyer, if requested to do so owned by Seller, returns or that Seller has the Products right to market said Gas free from ad liens and adverse claims, including liens to secure payments of production taxes, severance taxes, and other taxes. Seller agrees to defend (with counsel reasonably acceptable to Buyer/Processor), indemnify Buyer/Processor and save it harmless from all suits, actions, debts, accounts, damages, costs, losses and expenses arising from or out of adverse claims, whether meritorious or not, of any and all persons, firms, or corporations to said Gas or to royalties, overriding royalties, taxes, license fees, or charges thereon, resulting from actions of, by, through or under Seller’s place , including, without limitation, nonpayment or incorrect payment of business at Seller’s cost for inspection and testing; (iii) Seller’s inspection discloses proceeds of production. Buyer/Processor shall be entitled to its satisfaction that any alleged non-conformance is material and has not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used in accordance with Seller’s instructions or (if there are none) good trade practice regarding the same; (v) Buyer has not made further use of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise recover all attorneys' fees incurred as a result of Seller following its Involvement in any drawingaction or claim described herein. Buyer/Processor, design at any time thereafter, when it shall appear to Buyer/Processor by reason of receipt of written notice of claim or specification supplied by Buyer dispute that the ownership or using materials title to all or components supplied by Buyer or its officers or from sources dictated by Buyer and (vii) part of the Products do not differ from their description Leases, or the specification Gas produced therefrom, may be in a party or parties other than Seller, or upon learning of any other claims, liens, taxes, royalties, fees, expenses or other adverse claims, may suspend payments hereunder and retain as a result security for the performance of changes made Seller's obligations with respect thereto, the entire purchase price of the Gas until Buyer/Processor has been satisfied as to ensure they comply with applicable statutory the amount of such claim or regulatory requirements. (c) Except as provided in this Sectionownership claimed, and thereafter up to the amount of such ownership interest or claim until it has been finally determined and satisfied or until Seller shall have no liability furnished a bond to Buyer Buyer/Processor in an amount and with sureties satisfactory to Buyer/Processor, conditioned upon the protection of Buyer/Processor with respect of the Products’ failure to comply with the Warranty and breach of the warranty under Section 7(d)). (d) Except as set out in these Terms, all warranties, conditions and other terms implied by statute such ownership or common law are, to the fullest extent permitted by law, excluded from these Terms and the Contract. (e) Subject to (b) above Seller shall at its option repair or replace the defective Products or, in the case of Services, re-perform such Services or, refund the price of the Products in full. (f) These Terms shall apply to any repaired or replacement Products supplied by Seller. (g) This Section shall survive termination of the Contract. Factored products not manufactured at the Seller’s premises are not covered under the scope of the BSI registrationclaim.

Seller’s Warranties. (a) Subject Seller warrants that it shall have good and marketable title to all goods furnished pursuant to the limitations in these Terms, Seller warrants Terms and Conditions of the Purchase Order and such goods shall be delivered to Buyer onlyfree and clear from all liens and encumbrances. Seller further warrants that all goods furnished pursuant to the Purchase Order shall be free from defects in material and workmanship and shall be in conformity with the requirements of the Purchase Order. Seller further warrants that such goods shall be merchantable and fit for the purpose for which they are purchased and shall be free from defects in design. Buyer’s approval of Seller’s design shall not be construed to relieve Seller of this warranty. Seller agrees that the warranties set forth in this Paragraph 11 shall survive acceptance of the goods. Said warranties shall be in addition to, and not in limitation or replacement of: (1) any warranties of additional scope given by Seller to Buyer’s customers or , which warranties of additional scope are incorporated by reference in the Purchase Order; and (2) any other third parties, that on delivery and for warranties which may exist as a period matter of 60 days from the date of delivery (“Warranty Period”) the Products shall (i) conform in all material respects with their description and any applicable specification; (ii) be free from material defects in design, material and workmanship; (iii) be of satisfactory quality (within the meaning law. None of the Sale of Goods Act 1979) warranties set forth in this Paragraph 11 and (iv) no other implied or express warranties shall be fit for any purpose held out deemed disclaimed, limited or excluded unless evidenced by Seller (an amendment to the “Warranty”). (b) The Warranty (and (where applicable) Purchase Order executed by the warranty under Section 7(d)) is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (ii) Seller is given a reasonable opportunity to examine such goods and Buyer, if requested to do so by Seller, returns the Products to Seller’s place of business at Seller’s cost for inspection and testing; (iii) Seller’s inspection discloses to its satisfaction that any alleged non-conformance is material and has not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used in accordance with Seller’s instructions or (if there are none) good trade practice regarding the same; (v) provisions of Paragraph 3 above. In the event of a breach of any of the foregoing warranties, Buyer has not made further use of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise as a result of Seller following any drawing, design or specification supplied by Buyer or using materials or components supplied by Buyer or its officers or from sources dictated by Buyer and (vii) the Products do not differ from their description or the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. (c) Except as provided in this Section, Seller shall have no liability to Buyer in respect of the Products’ failure to comply with the Warranty such remedies as are provided under this Purchase Order and breach of the warranty under Section 7(d)). (d) Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from within these Terms and the ContractConditions and are as provided by law. (e) Subject to (b) above Seller shall at its option repair or replace the defective Products or, Any remedies specified in the case Terms and Conditions for a breach of Serviceswarranty shall be in addition to, re-perform such Services orand shall not be in lieu of or otherwise limit, refund the price of the Products in full. any remedy which Buyer may have under applicable law, including (fwithout limitation) These Terms shall apply to any repaired or replacement Products supplied by Seller. (g) This Section shall survive termination of the Contract. Factored products not manufactured at the Seller’s premises are not covered under the scope of the BSI registrationclaims for damages.

Seller’s Warranties. (a) Subject Seller hereby warrants title to the limitations in these Terms, Purchased Gas sold and delivered hereunder and the right of Seller to sell the same; and Seller warrants to Buyer only, and not Buyer’s customers or any other third parties, that on delivery and for a period of 60 days from the date of delivery (“Warranty Period”) the Products shall (i) conform in all material respects with their description and any applicable specification; (ii) be free from material defects in design, material and workmanship; (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and (iv) be fit for any purpose held out by Seller (the “Warranty”). (b) The Warranty (and (where applicable) the warranty under Section 7(d)) such Gas is valid only if (i) Buyer notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (ii) Seller is given a reasonable opportunity to examine such goods and Buyer, if requested to do so owned by Seller, returns or that Seller has the Products right to Seller’s place market said Gas, free from all liens and adverse claims of business at Seller’s cost for inspection title (“Adverse Claims”), excluding liens to secure payments of production taxes, severance taxes, and testing; (iii) Seller’s inspection discloses other taxes. Seller agrees to its satisfaction that indemnify Buyer and save it harmless from all suits, actions, debts, accounts, damages, costs, losses and expenses arising from or out of Adverse Claims, whether meritorious or not, of any alleged non-conformance is material and has not been caused all persons, firms, or corporations to said Gas or to royalties, overriding royalties, taxes, license fees, or charges thereon. Buyer shall be entitled to recover all reasonable costs and attorneys’ fees incurred by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, wilful damage or accident; (iv) the Products were installed, maintained and used in accordance with Seller’s instructions or (if there are none) good trade practice regarding the same; (v) Buyer has not made further use of such Products after giving notice in accordance with (i) above; (vi) the defect did not arise it as a result of Seller following its involvement in any drawingaction or claim involving Adverse Claims. When it shall appear to Buyer by reason of receipt of written notice of claim or dispute that the ownership or title to all or part of the Leases, design or specification supplied by Buyer or using materials or components supplied by Buyer or its officers or from sources dictated by Buyer and (vii) the Products do not differ from their description or the specification as Purchased Gas, may be in a result party or parties other than Seller or the Other Wl Owners, then Buyer may suspend payments hereunder, up to the amount of changes made to ensure they comply with applicable statutory or regulatory requirements. (c) Except as provided such claim and __________ ***Certain information in this Sectiondocument has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. without payment of interest, unless otherwise required by statute, and retain as security for the performance of Seller’s obligations with respect thereto, a dollar amount up to the amount of such disputed ownership interest or claim until it has been finally determined and satisfied, or until Seller shall have no liability furnished a bond to Buyer in an amount and with sureties satisfactory to Buyer, conditioned upon the protection of Buyer with respect of the Products’ failure to comply with the Warranty and breach of the warranty under Section 7(d)). (d) Except as set out in these Terms, all warranties, conditions and other terms implied by statute such ownership or common law are, to the fullest extent permitted by law, excluded from these Terms and the Contract. (e) Subject to (b) above Seller shall at its option repair or replace the defective Products or, in the case of Services, re-perform such Services or, refund the price of the Products in full. (f) These Terms shall apply to any repaired or replacement Products supplied by Seller. (g) This Section shall survive termination of the Contract. Factored products not manufactured at the Seller’s premises are not covered under the scope of the BSI registrationclaim.