Common use of Warranty; Limitation of Liability Clause in Contracts

Warranty; Limitation of Liability. Dade Behring warrants that the Equipment and Hemostasis Patient Reportable Tests are free from defects in material and workmanship and the Hemostasis Patient Reportable Tests conform to the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE IN CONNECTION WITH THE EQUIPMENT OR THE TESTS. You will not make any claim against DBFS (or its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests.

Warranty; Limitation of Liability. Dade Behring warrants that the Equipment and Hemostasis Patient Reportable Tests are free from defects in material and workmanship and the Hemostasis Patient Reportable Tests conform to the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING AEP ENERGY PROVIDES ALL INFORMATION CONTAINED IN POWERPERKS® “AS IS,” “AS AVAILABLE” AND SPEAKING ONLY TO EVENTS OR CIRCUMSTANCES ON OR BEFORE THE DATE IT IS PRESENTED AND MAKES NO OTHER WARRANTIESREPRESENTATION OR WARRANTY CONCERNING POWERPERKS® OR ANY SERVICES PROVIDED HEREUNDER AND DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, INCLUDING ANY OBLIGATION TO UPDATE OR CORRECT THE INFORMATION PROVIDED OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OTHERWISE. Neither party Customer assumes the entire risk related to its use of any information presented in any PowerPerks® marketing materials or the Confirmation Notice or any Reduction Notice (or cancellation thereof), and whether or how Confidential – PP.v.06.01.19 Customer utilizes any such information is entirely Customer’s responsibility. There is no guarantee that email transmissions will be secure or error-free or will not be corrupted, lost, or destroyed or arrive late or not at all, and AEP Energy is not liable for any loss or damage in connection therewith. AEP Energy is not acting as Customer’s consultant or advisor and does not provide legal, tax, accounting or other advice, and Customer shall have not rely on AEP Energy in evaluating the advantages or disadvantages of PowerPerks®, any liability product or service, predictions about savings, future energy prices or any other matter. Customer hereby acknowledges and agrees that AEP Energy makes no guarantee as to the continuation or ongoing existence of PowerPerks® or regarding the value of PowerPerks® or any PowerPerks® information. Customer’s decision to enter into this Agreement and any other parties decisions or actions it may take, or not take, under this Agreement are, and will be, based solely upon its own analysis (or their Assigneethat of its advisors) for any special, consequential and not in reliance on information or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testsstatements from AEP Energy. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT IN NO EVENT WILL AEP ENERGY BE LIABLE TO CUSTOMER OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS TO ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OR FITNESS THIRD PARTY FOR ANY PURPOSE CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, TANGIBLE OR INTANGIBLE LOSSES, COSTS, EXPENSES OR LOST PROFITS UNDER ANY CAUSE OF ACTION ARISING HEREUNDER, INCLUDING LOSS OF USE OF FACILITIES, BUSINESS INTERRUPTION, LOSS OF BUSINESS, PROFITS OR INFORMATION, LOSS OF ANTICIPATED SAVINGS OR OTHER ECONOMIC LOSS, REGARDLESS OF WHETHER A CLAIM ARISES BY STATUTE, IN CONNECTION WITH TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THE EQUIPMENT AGGREGATE LIABILITY OF AEP ENERGY TO CUSTOMER FOR DAMAGES UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TESTSGREATER OF (1) TOTAL AMOUNT CREDITED OR PAID BY AEP ENERGY TO CUSTOMER UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS OR (2) $500, AS THE SOLE AND EXCLUSIVE REMEDY. You will not make any claim against DBFS CUSTOMER MUST BRING ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT WITHIN ONE (or 1) YEAR FROM THE TIME THE CAUSE OF ACTION ACCRUES AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE EXPRESSLY WAIVED. The foregoing limitations shall continue to apply even if an exclusive remedy provided herein fails of its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testsessential purpose.

Warranty; Limitation of Liability. Dade Behring With respect to all disposable or single use products to be delivered hereunder, AtriCure warrants only that the Equipment and Hemostasis Patient Reportable Tests are such products will be free from defects in material and workmanship and material, and shall operate in substantial conformity with the Hemostasis Patient Reportable Tests conform to documentation, provided that the product inserts which accompany them. Dade Behring warrants that it will comply user of the goods complies with all applicable federal laws indications, warnings, cautions and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer directions contained in preparing Customer’s Medicare Cost Reports and related such documentation. Except as expressly stated in this AgreementThe foregoing warranties shall expire 60 days from the date of delivery of such disposable or single use products to Buyer. If any capital equipment is delivered hereunder, DADE BEHRING it may be subject to a separate warranty which will be attached to hereto. THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY OR OBLIGATION OF ATRICURE. ATRICURE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY ATRICURE. Neither party AtriCure has the option of either replacing defective goods or crediting Buyer for the purchase price for such goods. In no event shall have AtriCure be responsible for incidental, consequential, special, or punitive damages from any defect in the goods or breach of warranty including, but not limited to, Buyer’s, user’s or any other person’s loss of material or profits, increased expense of operation, downtime or reconstruction of work, or damages arising out of any products liability to claim and, in no event shall AtriCure’s liability (whether under the other parties (theories of breach of contract or their Assigneewarranty, negligence, or strict liability) exceed the contract price paid for the goods delivered by AtriCure. These remedies are the exclusive and sole remedies for any special, consequential breach of warranty. All claims for clerical error or incidental damages, and neither DBFS or its Assignee will shortage must be responsible to you for any problem or claim in connection with made within thirty (i30) the use, operation or performance days of delivery of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testsgoods to Buyer. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty AtriCure shall be limited given a reasonable and prompt opportunity to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE IN CONNECTION WITH THE EQUIPMENT OR THE TESTS. You will not make investigate any goods concerning which a claim against DBFS (or its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testsis made.

Warranty; Limitation of Liability. Dade Behring MyFonts warrants to you that the Equipment and Hemostasis Patient Reportable Tests are free from defects Licensed Web Fonts will perform substantially in material and workmanship and accordance with W3C specifications for the Hemostasis Patient Reportable Tests conform to use of fonts in conjunction with the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to ‘@font-face rule’ specified in the Equipment, Maintenance and Tests including all regulations cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the FDAdate of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact MyFonts with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable MyFonts to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date you agree to be bound by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to MyFonts to obtain delivery of the Licensed Web Font(s). MYFONTS DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MYFONTS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MYFONTS MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGNNON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE PARTICULAR PURPOSE. IN CONNECTION WITH NO EVENT WILL MYFONTS BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MYFONTS HAS BEEN ADVISED OF THE EQUIPMENT POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE TESTS. You will POSSIBILITY OF SUCH DAMAGES.. Some states or jurisdictions do not make any claim against DBFS (or its Assignee) for any specialallow the exclusions of limitations of incidental, consequential or incidental special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to twenty-one (21) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that MyFonts liability for such physical injury or death shall not exceed One Hundred Thousand Dollars ($100,000) United States dollars, provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Licensed Web Font(s) are non-returnable and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testsnonrefundable.

Warranty; Limitation of Liability. Dade Behring warrants that Warranties for the Equipment and Hemostasis Patient Reportable Tests are free from defects in material and products shall be as follows: (1) with respect to the design, workmanship and materials of the Hemostasis Patient Reportable Tests conform products, XXXXXXX EQUIPMENT COMPANY extends to Purchaser, and does hereby assign to Purchaser, the same warranty or warranties regarding design, workmanship and materials relating to the product inserts products as the manufacturer or supplier of the products extends to XXXXXXX EQUIPMENT COMPANY, which accompany themshall be the sole warranty or warranties extended to Purchaser with regard to the products, and (2) with respect to any fabrication work relating to the products performed by XXXXXXX EQUIPMENT COMPANY, XXXXXXX EQUIPMENT COMPANY warrants its workmanship for a period of one (1) year from the shipment date. Dade Behring With respect to services supplied to Purchaser, XXXXXXX EQUIPMENT COMPANY warrants that it will comply with perform all applicable federal laws and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer services in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated a workmanlike manner in this Agreement, DADE BEHRING MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection accordance with (i) the use, operation or performance of the Equipment or Testsany specifications set forth on any applicable service order; (ii) any interruption of service, loss of business or anticipated profitsPurchaser site requirements communicated to XXXXXXX EQUIPMENT COMPANY; or and (iii) generally accepted industry practices applicable to the deliveryservices; and (iv) these Terms and Conditions. If XXXXXXX EQUIPMENT COMPANY breaches this warranty with respect to the services, servicing maintenanceupon notice from Purchaser delivered not less than 60 days after such services have been provided, repair XXXXXXX EQUIPMENT COMPANY will promptly repair, replace or replacement of re-supply the Equipment services in question (including shipping and labor costs, but not including removal or Testsreinstallation costs) at no cost to Purchaser. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS THIS WARRANTY IS IN LIEU OF AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXCLUDES ALL OTHER EXPRESS OR IMPLIEDIMPLIED WARRANTIES ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL XXXXXXX EQUIPMENT COMPANY BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE TOTAL LIABILITY OF XXXXXXX EQUIPMENT COMPANY FOR ANY PURPOSE IN CONNECTION WITH DAMAGES HEREUNDER SHALL BE LIMITED TO THE AMOUNT PAID BY PURCHASER FOR THE PRODUCTS AND/OR SERVICES PURCHASED HEREBY. Written notice of any claimed defect must be given to XXXXXXX EQUIPMENT OR THE TESTSCOMPANY within thirty (30) days after such defect is or should have been discovered. You Products claimed to be defective must be held for XXXXXXX EQUIPMENT COMPANY’s shipping instructions. No claim for products alleged to be defective will not make any claim against DBFS (be allowed until XXXXXXX EQUIPMENT COMPANY has had a reasonable opportunity to examine the products. XXXXXXX EQUIPMENT COMPANY’s obligation with respect to defective products is expressly limited to the repair or replacement of, or at its Assignee) option, allowing credit for any specialsuch products, consequential all as herein above provided. This warranty does not extend to (a) any losses due to misuse, accident, abuse, neglect, normal wear and tear, or incidental damagesimproper installation, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem maintenance or claims in connection with (i) the use, operation or performance of the Equipment or Testsapplication; (iib) any interruption products that have been repaired or altered outside of serviceXXXXXXX EQUIPMENT COMPANY’s facility, loss of business unless authorized in writing by XXXXXXX EQUIPMENT COMPANY or anticipated profitsunless such installation, repair or alteration is performed by XXXXXXX EQUIPMENT COMPANY; or (iiic) the delivery, servicing maintenance, repair or any labor charges for removal and/or replacement of the Equipment non-conforming or Testsdefective product or part thereof. This warranty extends to Purchaser only and not to Purchaser’s customers or users of Purchaser’s products.

Warranty; Limitation of Liability. Dade Behring ARIS represents and warrants that the Equipment and Hemostasis Patient Reportable Tests are free from defects Services provided hereunder will be performed in material and workmanship a manner consistent with the professional standards and the Hemostasis Patient Reportable Tests conform general customs and practices of the industry and in accordance with Customer standards as established for work previously performed for Customer by The Consulting Team and Intime and as developed by ARIS for Customer. Customer must report any deficiencies in the Services within ninety (90) days of the later of the completion of the Services or the date that such deficiencies were reasonably discoverable by Customer, in no event, however, exceeding 180 days from the date of completion of such Services. Customer's sole remedy for the breach of any warranty by ARIS under this Agreement shall be the re-performance of the Services. If ARIS is unable to re-perform the Services as warranted, Customer shall be entitled to recover the fees paid to ARIS for the deficient Services. ARIS acknowledges the Customer's Project 2000 standards require all year dates to be in a four-digit format which is fully functional and processes correctly and accurately as input, as output and at all interfaces, and agrees that ARIS will identify and disclose any pre-existing Customer or third-party code it encounters in connection with work for Customer which does not meet Customer's Project 2000 standards so Customer may evaluate all such non-complying code for correction. Correction of non-complying code created by ARIS or The Consulting Team shall be at ARIS' expense. This obligation shall not be subject to the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws time limits set out in the preceding paragraph and regulations related to deficiencies shall not be considered reasonably discoverable until the Equipment, Maintenance and Tests including all regulations later of the FDAimplementation date or the commencement of production processing in the year 2000. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentationTHE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE ARIS' EXCLUSIVE WARRANTIES. Except as expressly stated in this Agreement, DADE BEHRING MAKES NO OTHER ARIS DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS OF NON-INFRINGEMENT WITH RESPECT TO DESIGNINTELLECTUAL PROPERTY. ARIS WILL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL, MERCHANTABILITYSPECIAL, INCIDENTAL, OR FITNESS FOR ANY PURPOSE INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN ANY EVENT, ARIS' MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE EQUIPMENT OR THE TESTS. You will not make any claim against DBFS (or its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or TestsAMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT.

Warranty; Limitation of Liability. Dade Behring warrants (a) Lessee acknowledges that Lessor is not the manufacturer of the Equipment nor the manufacturer’s agent nor a dealer therein. The Equipment is of a size, design, capacity, description and manufacture selected by the Lessee. Lessee is satisfied that the Equipment is suitable and Hemostasis Patient Reportable Tests are free from defects in material and workmanship and the Hemostasis Patient Reportable Tests conform to the product inserts which accompany themfit for its purposes. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING MAKES NO OTHER WARRANTIESLESSEE AGREES THAT LESSOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED AS TO THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIEDEQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION AS TO TO: (i) THE DESCRIPTION, CONDITION, DESIGN, MERCHANTABILITY, QUALITY OR FITNESS FOR ANY PURPOSE IN CONNECTION WITH PERFORMANCE OF THE EQUIPMENT OR QUALITY OR CAPACITY OF MATERIALS OR WORKMANSHIP IN THE TESTS. You will not make any claim against DBFS (or its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or TestsEQUIPMENT; (ii) ITS MERCHANTABILITY OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE WHETHER OR NOT DISCLOSED TO LESSOR; AND (iii) DELIVERY OF THE EQUIPMENT FREE OF THE RIGHTFUL CLAIM OF ANY PERSON BY WAY OF INFRINGEMENT OR THE LIKE. LESSOR EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. If the Equipment includes any applicable Software, and the Software is not properly installed, does not function as represented or warranted by original owner/vendor/licensor, or is unsatisfactory for any reason, Lessee shall make any claim on account thereof solely against original owner/vendor/licensor and shall nevertheless pay all sums payable under the Lease, Lessee hereby waiving the right to make any such claims against Lessor. Lessor shall not be liable to Lessee for any loss, damage or expense of any kind or nature caused, directly or indirectly, by the Equipment or the use, possession or maintenance thereof, or the repair, service or adjustment thereof, or by any delay or failure to provide any such maintenance, repair, service or adjustment, or by any interruption of serviceservice or loss of use thereof (including without limitation, Lessee’s use of or right to use any Software) or for any loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testshowsoever caused.

Warranty; Limitation of Liability. Dade Behring Seller warrants title to each individual product sold under this Contract and further warrants for a period of twenty four (24) months from ship date, but only to the extent and limit of the purchase price paid for such individual product, that such product conforms to the Equipment specifications set forth in the Contract and Hemostasis Patient Reportable Tests are is free from defects in material and workmanship under normal service and the Hemostasis Patient Reportable Tests conform to the product inserts use for which accompany themit was designed. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade BehringSeller’s sole liability on any claim relating to performance of the Equipment obligation and Tests, whether in cost, contract or Purchaser’s exclusive remedy under this warranty shall be limited to one of the following, as selected by Seller: delivering to Purchaser a replacement for any product or part thereof determined by Seller to be defective, repairing such product or replacing part, or refunding the Equipment at its optionpurchase price (or an equitable portion thereof) paid for such product or part by Purchaser. DBFS HAS NOT MANUFACTURED THE EQUIPMENT SELLER MAKES NO WARRANTY OF FITNESS OR THE HEMOSTASIS PATIENT REPORTABLE TESTS MERCHANTABILITY, AND EXPRESSLY DISCLAIMS ANY WARRANTIESNO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIEDARISING BY OPERATION OF LAW, INCLUDINGCOURSE OF DEALING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, USAGE OF TRADE OR FITNESS FOR ANY PURPOSE OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH THE EQUIPMENT SELLER’S PRODUCTS OR THE TESTSANY SALE OR USE THERE OF. You will not make Purchaser must notify Seller promptly and within the warranty period of any claim against DBFS under this warranty. Seller’s warranty extends only to the first purchaser of a product from Seller or Seller’s authorized distributor. All goods not manufactured by Seller are warranted only to the extent of the warranties of the original manufacturer. Seller disclaims any liability arising from tort, including strict liability, and Seller further disclaims any liability (whether arising under this or its Assigneeany other provision of this Contract or otherwise) for any costs (including costs of removal or replacement), liabilities, lost profits, loss of good will or any other general, special, incidental or consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims damages incurred by Purchaser in connection with (i) the use, operation this Contract or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testsproduct purchased there under.

Warranty; Limitation of Liability. Dade Behring warrants that the Equipment and Hemostasis Patient Reportable Tests are free from defects in material and workmanship and the Hemostasis Patient Reportable Tests conform to the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the Equipment‌ EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING ENGIE SERVICES U.S. MAKES NO OTHER WARRANTIESWARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIEDIMPLIED IN LAW, INCLUDING, BUT WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. Neither party shall have HOWEVER, THE POTENTIAL LACK OF A CONTRACTUAL WARRANTY DOES NOT PRECLUDE DUBLIN USD FROM EXERCISING ANY AND ALL OF ITS RIGHTS UNDER LAW, ESPECIALLY AS TO PATENT AND LATENT DEFICIENCIES. NEITHER ENGIE SERVICES U.S., NOR ENGIE SERVICES U.S.’s SUBCONTRACTORS OR VENDORS, WILL BE LIABLE TO DUBLIN USD FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. Section 9.01 ENGIE Services U.S. warrants to Dublin USD that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or permitted by this Contract. ENGIE Services U.S. further warrants that its workmanship provided hereunder, including its subcontractors’ workmanship, will be free of material defects for a period of one (1) year from the date of Substantial Completion as indicated on the executed Certificate of Substantial Completion, or the date of Beneficial Use as indicated on the executed Certificate of Beneficial Use (“ENGIE Services U.S. Warranty”). Notwithstanding the preceding sentence, the date the ENGIE Services‌ U.S. Warranty commences with respect to a specific piece or pieces of equipment may be further defined in Attachment C. Section 9.02 Equipment and material warranties that exceed the ENGIE Services U.S. Warranty period will be provided directly by the equipment and/or material manufacturers and such warranties will be assigned directly to Dublin USD, after the one (1) year period. During the ENGIE Services U.S. Warranty period, ENGIE Services U.S. will be Dublin USD’s agent in working with the equipment and material manufacturers in resolving any liability equipment or material warranty issues. If any material defects are discovered within the ENGIE Services U.S. Warranty period, ENGIE Services U.S., or ENGIE Services U.S.’s subcontractors, will correct its defects, and/or ENGIE Services U.S. will work with the equipment or material manufacturer as Dublin USD’s agent to facilitate the other parties (manufacturer’s correction of the equipment or their Assignee) for material defect. Such warranty services will be performed in a timely manner and at the reasonable convenience of Dublin USD. If a warranty issue arises on any special, consequential equipment or incidental damagesmaterial installed after the ENGIE Services U.S. Warranty period, and neither DBFS the equipment or its Assignee material has a warranty period that exceeds one (1) year, Dublin USD will be responsible contact the manufacturer directly to you resolve such warranty issues and Dublin USD acknowledges that the manufacturer will have sole responsibility for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE IN CONNECTION WITH THE EQUIPMENT OR THE TESTS. You will not make any claim against DBFS (or its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests.such issues.‌

Warranty; Limitation of Liability. Dade Behring warrants that the Equipment and Hemostasis Patient Reportable Tests are free from defects in material and workmanship and the Hemostasis Patient Reportable Tests conform to the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING AEP ENERGY PROVIDES ALL INFORMATION CONTAINED IN POWERPERKSSM “AS IS,” “AS AVAILABLE” AND SPEAKING ONLY TO EVENTS OR CIRCUMSTANCES ON OR BEFORE THE DATE IT IS PRESENTED AND MAKES NO OTHER WARRANTIESREPRESENTATION OR WARRANTY CONCERNING POWERPERKSSM OR ANY SERVICES PROVIDED HEREUNDER AND DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, INCLUDING ANY OBLIGATION TO UPDATE OR CORRECT THE INFORMATION PROVIDED OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OTHERWISE. Neither party Customer assumes the entire risk related to its use of any information presented in any PowerPerksSM marketing materials or the Confirmation Notice or any Reduction Notice (or cancellation thereof), and whether or how Customer utilizes any such information is entirely Customer’s Confidential – PP.v.02.01.17 responsibility. There is no guarantee that email transmissions will be secure or error-free or will not be corrupted, lost, or destroyed or arrive late or not at all, and AEP Energy is not liable for any loss or damage in connection therewith. AEP Energy is not acting as Customer’s consultant or advisor and does not provide legal, tax, accounting or other advice, and Customer shall have not rely on AEP Energy in evaluating the advantages or disadvantages of PowerPerksSM, any liability product or service, predictions about savings, future energy prices or any other matter. Customer hereby acknowledges and agrees that AEP Energy makes no guarantee as to the continuation or ongoing existence of PowerPerksSM or regarding the value of PowerPerksSM or any PowerPerksSM information. Customer’s decision to enter into this Agreement and any other parties decisions or actions it may take, or not take, under this Agreement are, and will be, based solely upon its own analysis (or their Assigneethat of its advisors) for any special, consequential and not in reliance on information or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testsstatements from AEP Energy. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT IN NO EVENT WILL AEP ENERGY BE LIABLE TO CUSTOMER OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS TO ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OR FITNESS THIRD PARTY FOR ANY PURPOSE CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, TANGIBLE OR INTANGIBLE LOSSES, COSTS, EXPENSES OR LOST PROFITS UNDER ANY CAUSE OF ACTION ARISING HEREUNDER, INCLUDING LOSS OF USE OF FACILITIES, BUSINESS INTERRUPTION, LOSS OF BUSINESS, PROFITS OR INFORMATION, LOSS OF ANTICIPATED SAVINGS OR OTHER ECONOMIC LOSS, REGARDLESS OF WHETHER A CLAIM ARISES BY STATUTE, IN CONNECTION WITH TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THE EQUIPMENT AGGREGATE LIABILITY OF AEP ENERGY TO CUSTOMER FOR DAMAGES UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TESTSGREATER OF (1) TOTAL AMOUNT PAID BY AEP ENERGY TO CUSTOMER UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS OR (2) $500, AS THE SOLE AND EXCLUSIVE REMEDY. You will not make any claim against DBFS CUSTOMER MUST BRING ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT WITHIN ONE (or 1) YEAR FROM THE TIME THE CAUSE OF ACTION ACCRUES AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE EXPRESSLY WAIVED. The foregoing limitations shall continue to apply even if an exclusive remedy provided herein fails of its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testsessential purpose.

Warranty; Limitation of Liability. Dade Behring Seller warrants title to each individual product sold under this Contract and further warrants for a period on one (1) year after shipment, but only to the extent and limit of the purchase price paid for such individual product, that such product conforms to the Equipment specifications set for the in the Contract and Hemostasis Patient Reportable Tests are is free from defects in material and workmanship under normal service and the Hemostasis Patient Reportable Tests conform to the product inserts use for which accompany themit was designed. Dade Behring warrants that it will comply with all applicable federal laws Seller's sole obligation and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in Purchaser's exclusive remedy under this Agreement, DADE BEHRING MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to one of the following, as selected by Seller: delivering to Purchaser a replacement for any product part thereof determined by Seller to be defective; repairing such product or replacing part, or refunding the Equipment at its optionpurchase price (or an equitable portion thereof) paid for such product or part by Purchaser. DBFS HAS NOT MANUFACTURED THE EQUIPMENT SELLER MAKES NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR THE HEMOSTASIS PATIENT REPORTABLE TESTS MERCHANTABILITY, AND EXPRESSLY DISCLAIMS ANY WARRANTIESNO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIEDARISING BY OPERATION OF LAW, INCLUDINGCOURSE OF DEALING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, USAGE OF TRADE OR FITNESS FOR ANY PURPOSE OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH THE EQUIPMENT SELLER'S PRODUCTS OR THE TESTSANY SALE OR USE THEREOF. You will not make Purchaser must notify Seller promptly and within the warranty period of any claim against DBFS under this warranty. Seller's warranty extends only to the first purchaser of a product from Seller or Seller's authorized distributor. All goods not manufactured by Seller are warranted only to the extent of the warranties of the original manufacturer. Seller disclaims any liability arising from tort, including strict liability, and Seller further disclaims any liability (whether arising under this or its Assigneeany other provision of this Contract or otherwise) for any costs (including costs of removal and replacement), liabilities, lost profits, loss of good will or any other general, direct, special, incidental or consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims damages Incurred by Purchaser in connection with (i) the use, operation this Contract or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testsproduct purchased thereunder.

Warranty; Limitation of Liability. Dade Behring Seller warrants title to each individual product sold under this Contract and further warrants for a period of one (1) year after shipment, but only to the extent and limit of the purchase price paid for such individual product, that such product conforms to the Equipment specifications set forth in the Contract and Hemostasis Patient Reportable Tests are is free from defects in material and workmanship under normal service and the Hemostasis Patient Reportable Tests conform to the product inserts use for which accompany themit was designed. Dade Behring warrants that it will comply with all applicable federal laws Seller's sole obligation and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in Purchaser's exclusive remedy under this Agreement, DADE BEHRING MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to one of the following, as selected by Seller: delivering to Purchaser a replacement for any product or part thereof determined by Seller to be defective; repairing such product or replacing part: or refunding the Equipment at its optionpurchase price (or an equitable portion thereof) paid for such product or part by Purchaser. DBFS HAS NOT MANUFACTURED THE EQUIPMENT SELLER MAKES NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR THE HEMOSTASIS PATIENT REPORTABLE TESTS MERCHANTABILITY AND EXPRESSLY DISCLAIMS ANY WARRANTIES, NO OTHER WARRANTY WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ARISING BY OPERATION OF LAW COURSE OF DEALING USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTIOIN WITH SELLER'S PRODUCTS OR ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, SALE OR FITNESS FOR ANY PURPOSE IN CONNECTION WITH THE EQUIPMENT OR THE TESTSUSE THEREOF. You will not make Purchaser must notify Seller promptly and within the warranty period of any claim against DBFS under this warranty. Seller's warranty extends only to the first purchaser of a product from Seller or Seller's authorized distributor. All goods not manufactured by Seller are warranted only to the extent of the warranties of the original manufacturer. Seller disclaims any liability arising from tort, including strict liability, and Seller further disclaims any liability (whether arising under this or its Assigneeany other provision of this Contract or otherwise) for any costs (including costs of removal and replacement), liabilities, lost profits, loss of good will or any other general, direct, special, incidental or consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims damages incurred by Purchaser in connection with (i) the use, operation this Contract or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testsproduct purchased thereunder.

Warranty; Limitation of Liability. Dade Behring Seller warrants title to each individual product sold under the Contract and further warrants for a period of one (l) year after shipment, but only to the extent and limit of the purchase price paid for such individual product, that such product conforms to the Equipment specifications set forth in the Contract and Hemostasis Patient Reportable Tests are is free from defects in material and workmanship under normal service and the Hemostasis Patient Reportable Tests conform to the product inserts use for which accompany themit was designed. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade BehringSeller’s sole liability on any claim relating to performance of the Equipment obligation and Tests, whether in cost, contract or Purchaser’s exclusive remedy under this warranty shall be limited to one of the following, as selected by Seller: delivering to Purchaser a replacement for any product part thereof determined by Seller to be defective; repairing such product or replacing part; or refunding the Equipment at its optionpurchase price (or an equitable portion thereof) paid for such product or part by Purchaser. DBFS HAS NOT MANUFACTURED THE EQUIPMENT SELLER MAKES NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR THE HEMOSTASIS PATIENT REPORTABLE TESTS MERCHANTABILITY, AND EXPRESSLY DISCLAIMS ANY WARRANTIESNO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIEDARISING BY OPERATION OF LAW, INCLUDINGCOURSE OF DEALING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, USAGE OF TRADE OR FITNESS FOR ANY PURPOSE OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH THE EQUIPMENT SELLER’S PRODUCTS OR THE TESTSANY SALE OR USE THEREOF. You will not make Purchaser must notify Seller within 30 calendar days of discovery and within the warranty period of any claim against DBFS under this warranty. Seller’s warranty extends only to the first purchaser of a product from Seller or Seller’s authorized distributor. All goods not manufactured by Seller are warranted only to the extent of the warranties of the original manufacturer. Seller disclaims, and shall not be responsible for, any liability arising from tort, including strict liability, and Seller further disclaims, and shall not be responsible for, any liability (whether arising under this or its Assigneeany other provision of the Contract or otherwise) for any costs (including costs of removal and replacement), liabilities, lost profits, loss of good will or any other general, direct, special, incidental or consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims damages incurred by Purchaser in connection with (i) the useContract or any product purchased thereunder, operation or performance in all cases irrespective of whether Seller was advised of the Equipment or Tests; (ii) any interruption possibility of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testssuch liability.

Warranty; Limitation of Liability. Dade Behring Seller warrants title to each individual product sold under the Contract and further warrants for a period of five (5) years after shipment, but only to the extent and limit of the purchase price paid for such individual product, that such product conforms to the Equipment specifications set forth in the Contract and Hemostasis Patient Reportable Tests are is free from defects in material and workmanship under normal service and the Hemostasis Patient Reportable Tests conform to the product inserts use for which accompany themit was designed. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade BehringSeller’s sole liability on any claim relating to performance of the Equipment obligation and Tests, whether in cost, contract or Purchaser’s exclusive remedy under this warranty shall be limited to one of the following, as selected by Seller: delivering to Purchaser a replacement for any product part thereof determined by Seller to be defective; repairing such product or replacing part; or refunding the Equipment at its optionpurchase price (or an equitable portion thereof) paid for such product or part by Purchaser. DBFS HAS NOT MANUFACTURED THE EQUIPMENT SELLER MAKES NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, AND NO OTHER WARRANTY, WHETHER EXRESS OR FITNESS FOR ANY PURPOSE ARISING BY OPERATIONS OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH THE EQUIPMENT SELLER’S PRODUCTSOR ANY SALE OR THE TESTSUSE THEREOF. You will not make Purchaser must notify Seller within 30 calendar days of discovery and within the warranty period of any claim against DBFS under this warranty. Seller’s warranty extends only to the first purchaser of a product from Seller or Seller’s authorized distributor. All goods not manufactured by Seller are warranted only to the extent of the warranties of the original manufacturer. Seller disclaims, and shall not be responsible for, any liability arising from tort, including strict liability, and Seller further disclaims, and shall not be responsible for, any liability (whether arising under this or its Assigneeany other provision of the Contract or otherwise) for any specialcosts (including costs of removal and replacement), liabilities, lost profits, loss of good will or any other general, direct, special incidental or consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims damages incurred by Purchaser in connection with (i) the useContract or any product purchased thereunder, operation or performance in all cases irrespective of whether Seller was advised of the Equipment or Tests; (ii) any interruption possibility of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testssuch liability.

Warranty; Limitation of Liability. Dade Behring warrants that the Equipment and Hemostasis Patient Reportable Tests are free from defects in material and workmanship and the Hemostasis Patient Reportable Tests conform to the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentationWarranty. Except as otherwise provided herein, OpTerra ES warrants to Customer that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or permitted by this Contract. OpTerra ES warrants that its workmanship provided hereunder, including its subcontractors’ workmanship, shall be free of material defects for a period of one (1) year from the date of Substantial Completion as indicated on the executed Certificate of Substantial Completion (“OpTerra ES Warranty”). All Warranties hereunder, including without limitation those for defects in design, engineering, or construction, shall terminate one (1) year from the date of Substantial Completion or Beneficial Use; and thereafter, OpTerra ES will have no liability for breach of any warranty. Equipment and material warranties that exceed the one (1) year warranty period shall be provided directly by the equipment and/or material manufacturers and such warranties shall be assigned directly to the Customer, after the one (1) year period. During the one (1) year OpTerra ES warranty period, OpTerra ES shall be the Customer’s agent in working with the equipment and material manufacturers in resolving any equipment or material warranty issues. Other than for lamps and ballasts, any material defects that are discovered within the one (1) year OpTerra ES Warranty period, OpTerra ES, or OpTerra ES’s subcontractors, will correct its defects, and/or OpTerra ES will work with the equipment or material manufacturer as the Customer’s agent to facilitate the manufacturer’s correction of the equipment or material defect. For typical industry standard lamp and ballast failures during the one (1) year OpTerra ES Warranty period, the Customer will replace such failed lamps/ballasts with replacement stock provided by OpTerra ES, provided, however, Customer shall return the failed lamps/ballasts to the manufacturer in order to ensure that sufficient quantities of replacement stock are available during the one year warranty period. Such warranty services shall be performed in a timely manner and at the reasonable convenience of the Customer. This warranty expressly stated in this Agreementexcludes any remedy for damage or defect caused by improper use, DADE BEHRING MAKES NO OTHER WARRANTIESimproper or inadequate maintenance, EXPRESS OR IMPLIEDor caused by operations of the installed equipment by users other than OpTerra ES or its subcontractors; corrosion, INCLUDINGerosion, BUT WITHOUT LIMITATIONor deterioration not due to material defects; abuse; modifications or repairs not performed by an authorized OpTerra ES subcontractor; improper operation; or normal wear and tear under normal usage. If a warranty issue arises on any equipment or material installed after the one (1) year OpTerra ES Warranty period, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE. Neither party and the equipment or material has a warranty period that exceeds one (1) year, the Customer shall contact the manufacturer directly to resolve such warranty issues and Customer acknowledges that the manufacturer shall have any liability to the other parties (or their Assignee) sole responsibility for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE IN CONNECTION WITH THE EQUIPMENT OR THE TESTS. You will not make any claim against DBFS (or its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testssuch issues.

Warranty; Limitation of Liability. Dade Behring (a) GENERAL: SST warrants that the Equipment each unit of Product will meet Customer's specifications for assembly type and Hemostasis Patient Reportable Tests are revision and will be free from defects in workmanship, under normal use and prescribed maintenance, for a period of 12 months and defects in SST supplied components and/or material for a period of 90 days. This warranty does not extend to Customer supplied components and workmanship or material (CFM). This warranty shall not apply to any goods delivered pursuant to this agreement which have been damaged, or subjected to any post-manufacture alterations or modifications made by any party other than SST, or which have been subject to negligent treatment after delivery or to any defects which are due to drawings or deviations furnished by Customer. Upon the failure of any unit of Product to comply with the above warranty, SST shall, at its option, promptly repair or replace such unit. Should the cause of the failure or defect be mutually determined to be design related and unrepairable, Customer will promptly pay SST the Hemostasis Patient Reportable Tests conform full selling price of the assembly. The cost of any repairs made by SST to any unit of Product no longer covered by this warranty shall be borne by Customer, however in no event shall any said cost of repairs to Customer exceed 50% of the original unit cost. Customer acknowledges that SST has not been informed or notified of the intended use of the Product and that SST has not consulted or conferred with Customer as to the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws and regulations related suitability or fitness of the design or specifications to the Equipment, Maintenance and Tests including all regulations intended use of the FDAProduct. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING MAKES NO THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT IMPLIED INCLUDING WITHOUT LIMITATION, LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE IN CONNECTION WITH THE EQUIPMENT OR THE TESTS. You will not make any claim against DBFS (or its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests.

Warranty; Limitation of Liability. Dade Behring warrants that the Equipment and Hemostasis Patient Reportable Tests are free from defects in material and workmanship and the Hemostasis Patient Reportable Tests conform to the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the EquipmentEXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING ENGIE SERVICES U.S. MAKES NO OTHER WARRANTIESWARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIEDIMPLIED IN LAW, INCLUDING, BUT WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. Neither party HOWEVER, THE POTENTIAL LACK OF A CONTRACTUAL WARRANTY DOES NOT PROHIBIT THE DISTRICT FROM EXERCISING ANY AND ALL OF ITS RIGHTS UNDER LAW, ESPECIALLY RELATED TO PATENT AND LATENT DEFICIENCIES. NEITHER ENGIE SERVICES U.S., NOR ENGIE SERVICES U.S.’s SUBCONTRACTORS OR VENDORS, WILL BE LIABLE TO Pleasant Valley SD FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. Section 9.01 ENGIE Services U.S. warrants to Pleasant Valley SD that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or permitted by this Contract. ENGIE Services U.S. further warrants that its workmanship provided hereunder, including its subcontractors’ workmanship, will be free of material defects for a period of one (1) year from the date of Substantial Completion as indicated on the executed Certificate of Substantial Completion, or the date of Beneficial Use as indicated on the executed Certificate of Beneficial Use (“ENGIE Services U.S. Warranty”). Notwithstanding the preceding sentence, the date the ENGIE Services U.S. Warranty commences with respect to a specific piece or pieces of equipment may be further defined in Attachment C. Section 9.02 Equipment and material warranties that exceed the ENGIE Services U.S. Warranty period will be provided directly by the equipment and/or material manufacturers and such warranties will be assigned directly to Pleasant Valley SD, after the one (1) year period. During the ENGIE Services U.S. Warranty period, ENGIE Services U.S. will be Pleasant Valley SD’s agent in working with the equipment and material manufacturers in resolving any equipment or material warranty issues, provided ENGIE Services U.S. shall have keep Pleasant Valley SD reasonably informed of the communications and issues with the equipment and material manufacturers. If any liability material defects are discovered within the ENGIE Services U.S. Warranty period, ENGIE Services U.S., or ENGIE Services U.S.’s subcontractors, will correct its defects, and/or ENGIE Services U.S. will work with the equipment or material manufacturer to facilitate the manufacturer’s correction of the equipment or material defect and all of ENGIE Services U.S.’s communications with the manufacturer shall include Pleasant Valley SD. Such warranty services will be performed in a timely manner and at the reasonable convenience of Pleasant Valley SD. If a warranty issue arises on any equipment or material installed after the ENGIE Services U.S. Warranty period, and the equipment or material has a warranty period that exceeds one (1) year, Pleasant Valley SD will contact the manufacturer directly to resolve such warranty issues. . Upon Substantial Completion of the Project, ENGIE Services U.S. will provide Pleasant Valley SD with a worksheet detailing all equipment and material warranties related to the other parties (or their Assignee) Project, broken down by location and including serial numbers for any specialall equipment, consequential or incidental damages, and neither DBFS or its Assignee will be responsible in a format reasonably acceptable to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE IN CONNECTION WITH THE EQUIPMENT OR THE TESTS. You will not make any claim against DBFS (or its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or TestsPleasant Valley SD.

Warranty; Limitation of Liability. Dade Behring Vendor warrants to Purchaser that the Equipment Vendor monitors, sensors and Hemostasis Patient Reportable Tests are free from defects in material and workmanship and the Hemostasis Patient Reportable Tests other accessories provided will conform to the published product inserts which accompany themspecifications of Vendor in all material respects and be free from material defects in materials and workmanship; […***…] *Confidential Treatment Requested […***…]. Dade Behring warrants Provided that it will comply with all applicable federal laws payments are current and regulations related to the Equipment, Maintenance and Tests including all regulations Purchaser is not otherwise in breach of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING MAKES NO OTHER WARRANTIESVendor’s obligation if any Vendor monitors, EXPRESS OR IMPLIEDsensors or other accessories found upon examination by Vendor, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE. Neither party shall have any liability to be defective during the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty period shall be limited to repairing repair or replacing replacement. This warranty is subject to the Equipment at its optionfollowing exclusions, exceptions and limitations: a) repair and maintenance necessitated by neglect, misuse or improper operation of the monitors, Software, or device; b) modification of monitors, sensors and Software without the express written authorization of Vendor or as otherwise provided in the Product documentation; c) supplies, devices or electrical work external to the Vendor monitors or not manufactured by or for Vendor; d) use of sensors or other accessories other than those manufactured by or for Vendor and distributed by Vendor; and e) use of the monitors and sensors for uses and/or in environments for which they are not intended. DBFS HAS NOT MANUFACTURED For monitors manufactured by third-parties and not sold under Vendor’s name or trademark, Vendor will pass on to Purchaser all terms and rights provided by the manufacturer. Vendor is not responsible and will charge the Purchaser for repair, replacement, or maintenance necessitated by neglect, misuse, improper operation, accident, fire, water immersion, vandalism, weather, war, or any Act of God, and unauthorized non-Vendor monitors attached to Vendor monitors, or unauthorized modification of Vendor monitors or software. Warranty does not extend to any equipment, or software not manufactured by or for Vendor and that does not have Vendor’s name or Trademark. EXCEPT AS OTHERWISE PROVIDED IN THE EQUIPMENT HPG AGREEMENT WITH MASIMO, THE FOREGOING WARRANTY, IS IN LIEU OF AND EXCLUDES ALL OTHER EXPRESS OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY IMPLIED PRODUCT WARRANTIES, EXPRESS ARISING BY OPERATION OF LAW OR IMPLIEDOTHERWISE, AND NO OTHER WARRANTIES EXIST, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. VENDOR WILL NOT BE LIABLE FOR ANY PURPOSE IN CONNECTION WITH INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE EQUIPMENT OR AND SOFTWARE, EVEN IF VENDOR HAS BEEN ADVISED OF THE TESTSPOSSIBILITY OF SUCH DAMAGE. You will Some jurisdictions may not make any claim against DBFS (or its Assignee) for any special, consequential or incidental damages, permit the limitation of liability under certain circumstances; the foregoing limitations and neither DBFS nor an Assignee of DBFS will be responsible exclusions are not applicable to you for any problem or claims in connection with (i) the use, operation or performance extent not permitted under the laws of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testsrelevant jurisdiction.

Warranty; Limitation of Liability. Dade Behring ARIS represents and warrants that its performance of the Services hereunder is not in breach of any agreement or contract, whether written or oral, between itself and any third party. ARIS represents and warrants that the Equipment Services provided hereunder will be performed in a professional, workmanlike and Hemostasis Patient Reportable Tests are free from defects in material and workmanship skillful manner consistent with the professional standards and the Hemostasis Patient Reportable Tests general customs and practices of the industry. ARIS further warrants that all the Deliverables delivered hereunder will conform to the product inserts specifications and requirements set forth in the Work Order(s). Customer must report any apparent deficiencies in the Services and accept or reject the Deliverables within thirty (30) days of the later of the completion of the Services or the date that such deficiencies were reasonably discoverable by Customer within 180 days from the date of completion of such Services. Latent defects which accompany themwere not reasonably discoverable by Customer within the 180 day period shall be reported by Customer to ARIS as soon as practicable after they were discovered by Customer. Dade Behring warrants that it will comply with all applicable federal laws and regulations related ARIS shall correct the defects or deficiencies within 15 days of Customer's report or such additional time as agreed by the parties. If ARIS is unable to re-perform the Services as warranted or correct the defects or deficiencies to the Equipmentsatisfaction of Customer within such time frame, Maintenance Customer shall be entitled to recover the greater of (a) the fees paid to ARIS for the deficient Services, and Tests including all regulations (b) the Customer's costs of engaging a third party to re-perform the FDAServices or correct the deficiencies. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentationTHE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE ARIS' EXCLUSIVE WARRANTIES. Except as expressly stated in this Agreement, DADE BEHRING MAKES NO OTHER ARIS DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any specialEXCEPT AS EXPRESSLY PROVIDED HEREIN, consequential or incidental damagesARIS WILL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the useSPECIAL, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITYINCIDENTAL, OR FITNESS FOR ANY PURPOSE INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. ARIS' MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO 1.5 TIMES THE EQUIPMENT OR THE TESTS. You will not make any claim against DBFS (or its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or TestsAMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or TestsPROVIDED THAT THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ARIS' INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 5 AND 8 OF THIS AGREEMENT.

Warranty; Limitation of Liability. Dade Behring 12.01 Manufacturer warrants that for a period after delivery of Product of sixty (60) days for domestic deliveries and ninety (90) days for international deliveries, Product supplied by Manufacturer shall comply with the Equipment and Hemostasis Patient Reportable Tests are free from defects Specifications. Any noncompliance in material and workmanship and the Hemostasis Patient Reportable Tests conform Off-Grade Material to the product inserts which accompany them. Dade Behring warrants that it will extent caused by (i) a failure of Raw Materials to comply with all the RM Specifications or (ii) Manufacturer's use (but not misuse) of the Technology, is not covered by this warranty. If Purchaser discovers that any Product does not comply with Specifications and notifies Manufacturer in writing during the applicable federal laws warranty period, Manufacturer shall replace such Off-Grade Material, including for these purposes reworking or blending of the Off-Grade Material with new Product meeting the Specifications. In the event that, in Manufacturer's reasonable judgment, blending of the Off-Grade Material is not likely to remedy the noncompliance with Specifications, Purchaser agrees to use its reasonable best efforts to market such Off-Grade Material and regulations related if successful, no further claim as to such Off-Grade Material shall be made by Purchaser. Notwithstanding the foregoing, Manufacturer shall reimburse Purchaser in the exercise of such reasonable best efforts for any reasonable discounts granted by Purchaser to its customers that purchase Off-Grade Material to the Equipment, Maintenance and Tests including all regulations of extent that such discount was offered solely as an inducement to purchase product that does not comply with the FDASpecifications. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING MAKES NO 12.02 THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY MADE BY MANUFACTURER AND IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIESREPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDINGARISING BY OPERATION OF LAW, BUT CUSTOM, CONDUCT, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF AS TO MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE, AND THE RIGHTS AND REMEDIES OF PURCHASER PROVIDED HEREIN ARE EXCLUSIVE OF ANY OTHER RIGHTS OR REMEDIES OF PURCHASER. Neither PURCHASER'S EXCLUSIVE REMEDY FOR BREACH OF THE WARRANTY IN SECTION 12.01 WITH RESPECT TO ANY PRODUCT IS TO RECEIVE A TIMELY 12 <PAGE> <PAGE> REPLACEMENT OF, OR IF NOT TIMELY REPLACED, A CREDIT FOR SUCH PRODUCT. 12.03 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OTHER TORT OR OTHERWISE) FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. ARTICLE 13 - INSURANCE ---------------------- 13.01 Each party shall maintain comprehensive general liability insurance, including product liability coverage and workers compensation liability, as well as property damage and business interruption insurance, in each case, with limits of no less than $1,000,000 per occurrence and a combined single limit of not less than $2,000,000, and with deductibles (or self-insured retentions) of no more than $1,000,000. Purchaser shall be responsible for the deductibles and self-insured retentions under Manufacturer's insurance policies. To the extent permitted by Manufacturer's insurance policies, Purchaser will have the right upon notice to Manufacturer to control the defense of any claims within Manufacturer's policy deductibles (or self-insured retentions) that arise out of the operation of the P2S5 Unit or Product supplied by Manufacturer hereunder, other than any claims asserted by Purchaser against Manufacturer. 13.02 (a) In addition to maintaining its customary and ordinary commercial general liability insurance and product liability, property damage and business interruption insurance policies (the "Manufacturer's Corporate Policies"), Manufacturer will procure product liability and property damage and business interruption insurance coverage applicable solely to the other P2S5 Unit ("P2S5 Unit Insurance") with policy limits equal to the then current deductible or self-insured retention under the applicable Manufacturer's Corporate Policies. The P2S5 Unit Insurance will contain its own deductible or self-insured retention amount of not more than one million dollars ($1,000,000). (b) In lieu of such P2S5 Unit Insurance coverage for product liability, Purchaser may, at its option, include Manufacturer as a named insured under Purchaser's product liability insurance policy. (c) At the request of the Purchaser, no later than thirty (30) days prior to each annual renewal by Manufacturer of the P2S5 Unit Insurance ("P2S5 Insurance Renewal Date"), Manufacturer will provide Purchaser reasonably sufficient information for Purchaser to evaluate procuring its own quotation for insurance to replace the P2S5 Unit Insurance for the applicable renewal period. Manufacturer shall in each case proceed to obtain its own P2S5 Unit Insurance renewal quotations. At the request of Purchaser not later than ten (10) days prior to the P2S5 Insurance Renewal Date, the parties will jointly evaluate their respective quotations, including descriptions or copies of the then current Manufacturer's Corporate Policies and P2S5 Unit Insurance sufficient for Purchaser to obtain bids for comparable insurance, and if Purchaser's quotation (i) is from an insurance company rated at least A by AM Best, (ii) has a premium of at least a five 13 <PAGE> <PAGE> percent (5%) below the quotation obtained by Manufacturer, (iii) provides coverage at least as comprehensive as Manufacturer's quotation, (iv) is not duplicative of Manufacturer's Corporate Policies and (iv) does not conflict with, compromise, limit, prejudice or their Assignee) increase the cost of or otherwise have an adverse effect on Manufacturer's Corporate Policies' or the renewal thereof. Manufacturer will subscribe for such insurance coverage proposed by Purchaser and such insurance shall then become the P2S5 Unit Policy for the applicable renewal period. In such event, the Solutia Insurance line item of Fixed Costs pursuant to Schedule 4.01 hereto shall be reset to account for ------------- the lower premium. 13.03 Purchaser shall, with respect to Manufacturer's Corporate Policies, be responsible for any specialincrease in premiums or retroactive premium adjustment attributable to insurance proceeds and recoveries received by Manufacturer for claims arising out of the operation of the P2S5 Unit or Product supplied by Manufacturer hereunder. ARTICLE 14 - INDEMNIFICATION ---------------------------- 14.01 Subject to Purchaser's obligation under Article 13 hereof to bear the cost of Manufacturer's insurance policy deductibles, consequential or incidental each party agrees to indemnify, defend and hold the other party and its affiliates and their respective officers, directors, partners, equityholders, stockholders, employees, agents and representatives (the "Indemnified Persons") harmless from and in respect of any and all losses, claims, liabilities, obligations, damages, fines, penalties and neither DBFS costs (in each case including reasonable out-of-pocket expenses (including reasonable fees and expenses of counsel, experts and accountants and reasonable fees and expenses to enforce this indemnity)) (each a "Loss" and collectively, "Losses"), that are asserted ---- ------ against or paid, suffered or incurred by any Indemnified Persons which, directly or indirectly, arise out of any third party personal injury or property damage claims arising out of or resulting from the negligent acts or omissions of the other party hereunder. 14.02 If there occurs an event which a party asserts is an indemnifiable event pursuant to Section 14.01, the Indemnified Persons shall notify the other party obligated to provide indemnification (the "Indemnifying Party") promptly in writing specifying the facts constituting the basis for such claim and the amount, to the extent known, of the claim asserted. If such event involves (i) any third party claim or (ii) the commencement of any Proceeding by a third person (such third party claim and Proceeding hereinafter referred to collectively as a "Third Party Claim"), the party seeking indemnification will give such Indemnifying Party prompt written notice of such Third Party Claim or the commencement of such Proceeding; provided, however, that the failure to provide prompt notice as provided -------- ------- herein (whether with respect to a Third Party Claim or otherwise) will relieve the Indemnifying Party of its Assignee will obligations hereunder only to the extent that such failure prejudices the Indemnifying Party hereunder. In case any such Third Party Claim shall be responsible brought against any party seeking indemnification, it shall notify the Indemnifying Party of the commencement thereof promptly in writing specifying the facts constituting the basis for such claim and the amount, to you the extent known, of the claim asserted. The Indemnifying Party shall be entitled to participate 14 <PAGE> <PAGE> therein and to assume the defense thereof, with counsel selected by the Indemnifying Party; provided that the Indemnifying Party notifies the -------- Indemnified Party in writing of its election to assume such defense within twenty (20) Working Days of receipt of notice from the Indemnified Party of such Third Party Claim. After notice from the Indemnifying Party to the Indemnified Persons of such election so to assume the defense thereof, the Indemnifying Party shall not, except as provided in this Section 14.02, be liable to the Indemnified Persons for any problem legal expenses of other counsel or claim any other expenses subsequently incurred by such party or parties in connection with (i) the usedefense thereof. Notwithstanding the Indemnifying Party's election to so assume the defense of any such Third Party Claim, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) Indemnified Party shall have the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating right to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment employ separate counsel at its optionsole cost and expense and participate in (but not control) such defense. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE IN CONNECTION WITH THE EQUIPMENT OR THE TESTS. You will not make any claim against DBFS (or its Assignee) for any special, consequential or incidental damages, The Indemnifying Party and neither DBFS nor an Assignee of DBFS will be responsible the Indemnified Party agree to you for any problem or claims cooperate with each other and their respective counsel in connection with (i) the usedefense, operation negotiation or performance settlement of any such Third Party Claim, including providing access to any relevant books and records and properties. If the Indemnifying Party assumes the defense of a Third Party Claim, no settlement or compromise thereof may be effected by the Indemnifying Party without the written consent of the Equipment Indemnified Party (which consent shall not be unreasonably withheld or Tests; (ii) delayed. If the Indemnifying Party elects not to assume the defense of a Third Party Claim, the Indemnified Party may assume the defense of any interruption such Third Party Claim with counsel selected by the Indemnified Party, and the Indemnifying Party shall bear reasonable fees and expenses of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests.such counsel. ARTICLE 15 -

Warranty; Limitation of Liability. Dade Behring warrants that the Equipment and Hemostasis Patient Reportable Tests are free from defects in material and workmanship and the Hemostasis Patient Reportable Tests conform to the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the EquipmentEXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING OPTERRA ENERGY SERVICES MAKES NO OTHER WARRANTIESWARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIEDIMPLIED IN LAW, INCLUDING, BUT WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. Neither party shall have MERCED COUNTY WILL HAVE NO REMEDIES AGAINST EITHER OPTERRA ENERGY SERVICES OR ANY OPTERRA ENERGY SERVICES SUBCONTRACTOR OR VENDOR FOR ANY DEFECTIVE MATERIALS OR EQUIPMENT INSTALLED, EXCEPT FOR THE REPAIR OR REPLACEMENT OF SUCH MATERIALS OR EQUIPMENT IN ACCORDANCE WITH THE WARRANTIES INDICATED BELOW. SPECIFICALLY, NEITHER OPTERRA ENERGY SERVICES, NOR OPTERRA ENERGY SERVICES’ SUBCONTRACTORS OR VENDORS, WILL BE LIABLE TO MERCED COUNTY FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. Section 9.01 OpTerra Energy Services warrants to Merced County that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or permitted by this Contract. OpTerra Energy Services further warrants that its workmanship provided hereunder, including its subcontractors’ workmanship, will be free of material defects for a period of one (1) year from the date of Substantial Completion as indicated on the executed Certificate of Substantial Completion (“OpTerra Energy Services Warranty”). Notwithstanding the preceding sentence, the date the OpTerra Energy Services Warranty commences with respect to a specific piece or pieces of equipment may be further defined in Attachment C. Section 9.02 Equipment and material warranties that exceed the OpTerra Energy Services Warranty period will be provided directly by the equipment and/or material manufacturers and such warranties will be assigned directly to Merced County, after the one (1) year period. During the OpTerra Energy Services Warranty period, OpTerra Energy Services will be Merced County’s agent in working with the equipment and material manufacturers in resolving any liability equipment or material warranty issues. If any material defects are discovered within the OpTerra Energy Services Warranty period, OpTerra Energy Services, or OpTerra Energy Services’ subcontractors, will correct its defects, and/or OpTerra Energy Services will work with the equipment or material manufacturer as Merced County’s agent to facilitate the other parties (manufacturer’s correction of the equipment or their Assignee) for material defect. Such warranty services will be performed in a timely manner and at the reasonable convenience of Merced County. If a warranty issue arises on any special, consequential equipment or incidental damagesmaterial installed after the OpTerra Energy Services Warranty period, and neither DBFS the equipment or its Assignee material has a warranty period that exceeds one (1) year, Merced County will be responsible contact the manufacturer directly to you resolve such warranty issues and Merced County acknowledges that the manufacturer will have sole responsibility for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE IN CONNECTION WITH THE EQUIPMENT OR THE TESTS. You will not make any claim against DBFS (or its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testssuch issues.

Warranty; Limitation of Liability. Dade Behring warrants that the Equipment and Hemostasis Patient Reportable Tests are free from defects in material and workmanship and the Hemostasis Patient Reportable Tests conform to the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING AEP ENERGY PROVIDES ALL INFORMATION CONTAINED IN POWERPERKSSM “AS IS,” “AS AVAILABLE” AND SPEAKING ONLY TO EVENTS OR CIRCUMSTANCES ON OR BEFORE THE DATE IT IS PRESENTED AND MAKES NO OTHER WARRANTIESREPRESENTATION OR WARRANTY CONCERNING POWERPERKSSM OR ANY SERVICES PROVIDED HEREUNDER AND DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, INCLUDING ANY OBLIGATION TO UPDATE OR CORRECT THE INFORMATION PROVIDED OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OTHERWISE. Neither party Customer assumes the entire risk related to its use of any information presented in any PowerPerksSM marketing materials or the Confirmation Notice or any Reduction Notice (or cancellation thereof), and whether or how Customer utilizes any such information is entirely Customer’s responsibility. There is no guarantee that email transmissions will be secure or error-free or will not be corrupted, lost, or destroyed or arrive late or not at all, and AEP Energy is not liable for any loss or damage in connection therewith. AEP Energy is not acting as Customer’s consultant or advisor and does not provide legal, tax, accounting or other advice, and Customer shall have not rely on AEP Energy in evaluating the advantages or disadvantages of PowerPerksSM, any liability product or service, predictions about savings, future energy prices or any other matter. Customer hereby acknowledges and agrees that AEP Energy makes no guarantee as to the continuation or ongoing existence of PowerPerksSM or regarding the value of PowerPerksSM or any PowerPerksSM information. Customer’s decision to enter into this Agreement and any other parties decisions or actions it may take, or not take, under this Agreement are, and will be, based solely upon its own analysis (or their Assigneethat of its advisors) for any special, consequential and not in reliance on information or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testsstatements from AEP Energy. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT IN NO EVENT WILL AEP ENERGY BE LIABLE TO CUSTOMER OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS TO ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OR FITNESS THIRD PARTY FOR ANY PURPOSE CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, TANGIBLE OR INTANGIBLE LOSSES, COSTS, EXPENSES OR LOST PROFITS UNDER ANY CAUSE OF ACTION ARISING HEREUNDER, INCLUDING LOSS OF USE OF FACILITIES, BUSINESS INTERRUPTION, LOSS OF BUSINESS, PROFITS OR INFORMATION, LOSS OF ANTICIPATED SAVINGS OR OTHER ECONOMIC LOSS, REGARDLESS OF WHETHER A CLAIM ARISES BY STATUTE, IN CONNECTION WITH TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THE EQUIPMENT AGGREGATE LIABILITY OF AEP ENERGY TO CUSTOMER FOR DAMAGES UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TESTSGREATER OF (1) TOTAL AMOUNT PAID BY AEP ENERGY TO CUSTOMER UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS OR (2) $500, AS THE SOLE AND EXCLUSIVE REMEDY. You will not make any claim against DBFS CUSTOMER MUST BRING ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT WITHIN ONE (or 1) YEAR FROM THE TIME THE CAUSE OF ACTION ACCRUES AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE EXPRESSLY WAIVED. The foregoing limitations shall continue to apply even if an exclusive remedy provided herein fails of its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testsessential purpose.

Warranty; Limitation of Liability. Dade Behring warrants that Warranties for the Equipment and Hemostasis Patient Reportable Tests are free from defects in material and products shall be as follows: (1) with respect to the design, workmanship and materials of the Hemostasis Patient Reportable Tests conform products, GHX extends to Purchaser, and does hereby assign to Purchaser, the same warranty or warranties regarding design, workmanship and materials relating to the product inserts products as the manufacturer or supplier of the products extends to GHX, which accompany themshall be the sole warranty or warranties extended to Purchaser with regard to the products, and (2) with respect to any fabrication work relating to the products performed by GHX, GHX warrants its workmanship for a period of one (1) year from the shipment date. Dade Behring With respect to services supplied to Purchaser, GHX warrants that it will comply with perform all applicable federal laws and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer services in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated a workmanlike manner in this Agreement, DADE BEHRING MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection accordance with (i) the use, operation or performance of the Equipment or Testsany specifications set forth on any applicable service order; (ii) any interruption of service, loss of business or anticipated profitsPurchaser site requirements communicated to GHX; or and (iii) generally accepted industry practices applicable to the deliveryservices; and (iv) these Terms and Conditions. If GHX breaches this warranty with respect to the services, servicing maintenanceupon notice from Purchaser delivered not less than 60 days after such services have been provided, repair GHX will promptly repair, replace or replacement of re-supply the Equipment services in question (including shipping and labor costs, but not including removal or Testsreinstallation costs) at no cost to Purchaser. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS THIS WARRANTY IS IN LIEU OF AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXCLUDES ALL OTHER EXPRESS OR IMPLIEDIMPLIED WARRANTIES ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL GHX BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE TOTAL LIABILITY OF GHX FOR ANY PURPOSE IN CONNECTION WITH DAMAGES HEREUNDER SHALL BE LIMITED TO THE EQUIPMENT AMOUNT PAID BY PURCHASER FOR THE PRODUCTS AND/OR THE TESTSSERVICES PURCHASED HEREBY. You Written notice of any claimed defect must be given to GHX within thirty (30) days after such defect is or should have been discovered. Products claimed to be defective must be held for GHX’s shipping instructions. No claim for products alleged to be defective will not make any claim against DBFS (be allowed until GHX has had a reasonable opportunity to examine the products. GHX’s obligation with respect to defective products is expressly limited to the repair or replacement of, or at its Assignee) option, allowing credit for any specialsuch products, consequential all as herein above provided. This warranty does not extend to (a) any losses due to misuse, accident, abuse, neglect, normal wear and tear, or incidental damagesimproper installation, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem maintenance or claims in connection with (i) the use, operation or performance of the Equipment or Testsapplication; (iib) any interruption products that have been repaired or altered outside of serviceGHX’s facility, loss of business unless authorized in writing by GHX or anticipated profitsunless such installation, repair or alteration is performed by GHX; or (iiic) the delivery, servicing maintenance, repair or any labor charges for removal and/or replacement of the Equipment non-conforming or Testsdefective product or part thereof. This warranty extends to Purchaser only and not to Purchaser’s customers or users of Purchaser’s products.

Warranty; Limitation of Liability. Dade Behring Melvastype warrants to you that the Equipment and Hemostasis Patient Reportable Tests are free from defects Licensed Web Fonts will perform substantially in material and workmanship and accordance with W3C specifications for the Hemostasis Patient Reportable Tests conform to use of fonts in conjunction with the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to ‘@font-face rule’ specified in the Equipment, Maintenance and Tests including all regulations cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the FDAdate of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Melvas- type with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Melvas- type to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date you agree to be bound by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to Melvastype to obtain delivery of the Licensed Web Font(s). MELVASTYPE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR Melvastype’ BREACH OF WARRANTY. EX- CEPT FOR THE FOREGOING LIMITED WARRANTY, Melvastype MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGNNON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE PARTICULAR PURPOSE. IN CONNECTION WITH NO EVENT WILL Melvastype BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF Melvastype HAS BEEN ADVISED OF THE EQUIPMENT POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE TESTSPOSSIBILITY OF SUCH DAMAGES. You will Some states or jurisdictions do not make any claim against DBFS (or its Assignee) for any specialallow the exclusions of limitations of incidental, consequential or incidental special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above lim- itations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to twenty-one (21) days. Some jurisdictions do not permit a limita- tion of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Melvastype liability for such physical injury or death shall not exceed One Hundred Thousand Dollars ($100,000) United States dollars, provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Licensed Web Font(s) are non-returnable and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Testsnonrefundable.

Warranty; Limitation of Liability. Dade Behring warrants that the Equipment and Hemostasis Patient Reportable Tests are free from defects in material and workmanship and the Hemostasis Patient Reportable Tests conform to the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF ANY KIND. Neither party Some states do not allow limitations on warranties, so the above limitation may not apply. COMPANY IN NO CASE SHALL BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND INDIRECT, ATTORNEY FEES OR SIMILAR DAMAGES ARISING FROM ANY BREACH OF WARRANTY, EVEN IF COMPANY (OR ITS AGENTS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no case shall have any Company's liability to exceed the other parties price paid for the goods or services included for which the Company has been paid during the previous six (6) months. COMPANY makes no expressed or their Assignee) implied warranty of cellular network coverage, internet service, or performance for “real-time” tracking units, and shall not be responsible for any special, consequential application access fees or incidental damages, other service provider's provision of services. Equipment and neither DBFS services are warranted on a per device or its Assignee will be responsible to you for any problem or claim in connection with (i) service basis and based on the use, operation or performance terms of the Equipment or Tests; manufacturer warranty of no more than twelve (ii12) any interruption of service, loss of business or anticipated profits; or (iii) months from delivery unless approved in writing by the delivery, servicing maintenance, Company. Warranty covers the repair or replacement of device with a like device of equal or greater value and of equal or greater technological capability, at the Equipment Company’s discretion, excluding labor, bench testing fees, tariffs, duties, customs fees, shipping or Testshandling. Dade BehringA $35.00 bench testing fee will apply if equipment is found to be working on receipt. Customer agrees to make vehicle or equipment available for troubleshooting by the Company’s sole liability on any claim relating to performance of the Equipment and Tests, whether technical support personnel during technical support hours listed in cost, contract paragraph (9) before returning equipment for repair or warranty shall be limited to repairing or replacing the Equipment at its optionreplacement with an RMA number. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE IN CONNECTION WITH THE EQUIPMENT OR THE TESTS. You Customer agrees that replacement equipment will not make any claim against DBFS (or its Assignee) for any special, consequential or incidental damages, be provided in advance of “malfunctioning” equipment being received by the Company and neither DBFS nor an Assignee of DBFS will be responsible tested to you for any problem or claims in connection confirm equipment is faulty and covered by warranty. Customer agrees that all expenses associated with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, troubleshooting and repair or replacement of equipment is the Equipment sole responsibility of the Customer unless agreed to in writing at the time of sale or Testsas part of an extended service plan at an additional fee. Customer agrees to purchase replacement equipment at market value if equipment cannot be repaired and is not covered by warranty to continue AAF during agreement period. The Company expressly disclaims any duty as an insurer of the equipment, not responsible to repair or replace any equipment that is damaged through accident, abuse misuse, theft, fire, water, casualty, and terrorism, negligent act of Customer or Customer’s agents, or act of God. BOTH PARTIES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES IN NO CASE SHALL BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES ARISING FROM ANY BREACH OF THIS AGREEMENT, INCLUDING LOSS OF COMPANY REVENUE OR PROFITS, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR ANY OTHER NON-DIRECT, PECUNIARY, COMMERCIAL OR ECONOMIC LOSS, UNLESS SAID LOSS ARISES FROM OR IS OTHERWISE CAUSED BY CUSTOMERS OTHER PARTIES GROSS NEGLIGENCE.

Warranty; Limitation of Liability. Dade Behring ARIS represents and warrants that the Equipment and Hemostasis Patient Reportable Tests are free from defects Services provided hereunder will be performed in material and workmanship a manner consistent with the standards and the Hemostasis Patient Reportable Tests conform to general customs and practices of the product inserts which accompany themcomputer services industry. Dade Behring Although ARIS warrants that it its Services are year 2000 compliant, ARIS makes no representation or warranty that any services, software or products of third parties, including Customer legacy systems and/or data, are or will comply with all applicable federal laws and regulations related to be year 2000 compliant. Customer must report any deficiencies in the Equipment, Maintenance and Tests including all regulations Services within thirty (30) days of the FDAlater of the completion of the Services or the date that such deficiencies were reasonably discoverable by Customer, in no event, however exceeding 180 days from the date of completion of such Services. Dade Behring further warrants that Customer's sole remedy for the breach of any Equipment/Supply price breakdowns which are requested warranty by ARIS under this Agreement shall be the re-performance of the Services. If ARIS is unable to re-perform the Services as warranted, Customer and provided by Dade Behring are correct and can shall be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentationentitled to recover the fees paid to ARIS for the deficient Services. Except as expressly stated in this Agreement, DADE BEHRING MAKES NO OTHER THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE ARIS' EXCLUSIVE WARRANTIES. ARIS DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS OF NON-INFRINGEMENT WITH RESPECT TO DESIGNINTELLECTUAL PROPERTY. ARIS WILL NOT BE LIABLE IN ANY EVENT, MERCHANTABILITYIN CONTRACT OR TORT, FOR ANY CONSEQUENTIAL SPECIAL INCIDENTAL, OR FITNESS FOR ANY PURPOSE INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN ANY EVENT, ARIS' MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO 1.5 TIMES THE EQUIPMENT OR THE TESTS. You will not make any claim against DBFS (or its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or TestsAMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT.