Common use of Warranty; Limitation of Liability Clause in Contracts

Warranty; Limitation of Liability. EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9, ENGIE SERVICES U.S. MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIED IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. 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 keep Pleasant Valley SD reasonably informed of the communications and issues with the equipment and material manufacturers. 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 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 Project, broken down by location and including serial numbers for all equipment, in a format reasonably acceptable to Pleasant Valley SD.

Warranty; Limitation of Liability. EXCEPT Melvastype warrants to you that the Licensed Web Fonts will 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 of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). 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 this Agreement, 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 WARRANTIES PROVIDED IN THIS ARTICLE 9FOREGOING LIMITED WARRANTY, ENGIE SERVICES U.S. Melvastype MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACTREPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED IN LAWIMPLIED, INCLUDING ANY IMPLIED WARRANTIES AS TO NON-INFRINGEMENT OF MERCHANTABILITY THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENTPURPOSE. 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, IN NO EVENT WILL Melvastype BE LIABLE TO Pleasant Valley SD FOR LOSS OF PROFITS YOU OR ANYONE ELSE (I) FOR ANY SPECIALCONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCIDENTAL OR PUNITIVE SPECIAL DAMAGES, HOWEVER CAUSED AND ON INCLUDING WITHOUT LIMITATION ANY THEORY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF Melvastype HAS BEEN ADVISED OF LIABILITYTHE 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 POSSIBILITY OF SUCH DAMAGES. Section 9.01 ENGIE Services U.S. warrants Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to Pleasant Valley SD that material and equipment furnished under this Contract will be you. Also, some states or jurisdictions do not allow the exclusions of good quality and newimplied warranties or limitations on how long an implied warranty may last, unless otherwise specifically required or 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 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 Agreement are limited to twenty-one (121) year from days. Some jurisdictions do not permit a limita- tion of implied warranties where the date of Substantial Completion as indicated on the executed Certificate of Substantial Completionproduct 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 the date of Beneficial Use as indicated on the executed Certificate of Beneficial Use death shall not exceed One Hundred Thousand Dollars (“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$100,000) 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 issuesUnited States dollars, provided ENGIE Services U.S. shall keep Pleasant Valley SD reasonably informed that such jurisdictions permit a limitation of the communications 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 issues with the equipment and material manufacturers. 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 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 Project, broken down by location and including serial numbers for all equipment, in a format reasonably acceptable to Pleasant Valley SDnonrefundable.

Warranty; Limitation of Liability. Monotype warrants to you that the Licensed Web Fonts will 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 of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). The Licensed Web Fonts are “productized” for web performance as of the date of this agreement and no representation is made to further productize the fonts. To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Monotype with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Monotype 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 this Agreement, the entire, exclusive, and cumulative liability and remedy shall be that Monotype will use commercially reasonable effects to cause the Licensed Web Font(s) provided herein to conform with the specifications within twenty-one (21) days or as soon thereafter as commercially reasonable. MONOTYPE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE’S BREACH OF WARRANTY. EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9FOREGOING LIMITED WARRANTY, ENGIE SERVICES U.S. MONOTYPE MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACTREPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED IN LAWIMPLIED, INCLUDING ANY IMPLIED WARRANTIES AS TO NONINFRINGEMENT OF MERCHANTABILITY THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENTPURPOSE. 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, IN NO EVENT WILL MONOTYPE BE LIABLE TO Pleasant Valley SD FOR LOSS OF PROFITS YOU OR ANYONE ELSE (I) FOR ANY SPECIALCONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCIDENTAL OR PUNITIVE SPECIAL DAMAGES, HOWEVER CAUSED AND ON INCLUDING WITHOUT LIMITATION ANY THEORY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF LIABILITYTHE 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 POSSIBILITY OF SUCH DAMAGES.. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Section 9.01 ENGIE Services U.S. warrants 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 Pleasant Valley SD that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this ContractAgreement are limited to twentyone (21) days. ENGIE Services U.S. further warrants 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 its workmanship provided hereunder, including its subcontractors’ workmanship, will be free of material defects Monotype’s liability for a period of one such physical injury or death shall not exceed One Hundred Thousand Dollars (1$100,000) 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 issuesUnited States dollars, provided ENGIE Services U.S. shall keep Pleasant Valley SD reasonably informed that such jurisdictions permit a limitation of the communications 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 issues with the equipment and material manufacturers. 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 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 Project, broken down by location and including serial numbers for all equipment, in a format reasonably acceptable to Pleasant Valley SDnonrefundable.

Warranty; Limitation of Liability. Xxxx XxXxxxxxx™ warrants to you that the Licensed Web Fonts will 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 of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Xxxx XxXxxxxxx™ with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Xxxx XxXxxxxxx™ 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 this Agreement, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to Xxxx XxXxxxxxx™ to obtain delivery of the Licensed Web Font(s). XXXX XXXXXXXXX™ DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR XXXX XXXXXXXXX™’S BREACH OF WARRANTY. EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9FOREGOING LIMITED WARRANTY, ENGIE SERVICES U.S. XXXX XXXXXXXXX™ MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACTREPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED IN LAWIMPLIED, INCLUDING ANY IMPLIED WARRANTIES AS TO NON-INFRINGEMENT OF MERCHANTABILITY THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENTPURPOSE. 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 IN NO EVENT XXXX XXXX XXXXXXXXX™ BE LIABLE TO Pleasant Valley SD FOR LOSS OF PROFITS YOU OR ANYONE ELSE (I) FOR ANY SPECIALCONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCIDENTAL OR PUNITIVE SPECIAL DAMAGES, HOWEVER CAUSED AND ON INCLUDING WITHOUT LIMITATION ANY THEORY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF XXXX XXXXXXXXX™ HAS BEEN ADVISED OF LIABILITYTHE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF XXXX XXXXXXXXX™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Section 9.01 ENGIE Services U.S. warrants Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to Pleasant Valley SD that material and equipment furnished under this Contract will be you. Also, some states or jurisdictions do not allow the exclusions of good quality and newimplied warranties or limitations on how long an implied warranty may last, unless otherwise specifically required or so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded 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 Agreement are limited to twenty-one (121) year from days. Some jurisdictions do not permit a limitation of implied warranties where the date of Substantial Completion as indicated on the executed Certificate of Substantial Completionproduct results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Xxxx XxXxxxxxx™’s liability for such physical injury or the date of Beneficial Use as indicated on the executed Certificate of Beneficial Use death shall not exceed Ten Thousand Dollars (“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$10,000) 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 issuesUnited States dollars, provided ENGIE Services U.S. shall keep Pleasant Valley SD reasonably informed that such jurisdictions permit a limitation of the communications 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 issues with the equipment and material manufacturers. 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 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 Project, broken down by location and including serial numbers for all equipment, in a format reasonably acceptable to Pleasant Valley SDnonrefundable.

Warranty; Limitation of Liability. EXCEPT FOR ARIS represents and warrants that the Services provided hereunder will be performed in a manner consistent with the professional standards and the 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 time limits set out in the preceding paragraph and deficiencies shall not be considered reasonably discoverable until the later of the implementation date or the commencement of production processing in the year 2000. THE EXPRESS WARRANTIES PROVIDED CONTAINED IN THIS ARTICLE 9, ENGIE SERVICES U.S. MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR AGREEMENT ARE ARIS' EXCLUSIVE WARRANTIES. ARIS DISCLAIMS ALL IMPLIED IN LAWWARRANTIES, INCLUDING ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ANY IMPLIED WARRANTIES AGAINST WARRANTY OF NON-INFRINGEMENT WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENTPROPERTY. HOWEVER, THE POTENTIAL LACK OF A CONTRACTUAL WARRANTY DOES ARIS WILL 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 IN ANY EVENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGESINDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN ANY EVENT, 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 keep Pleasant Valley SD reasonably informed of the communications and issues with the equipment and material manufacturers. 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 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 Project, broken down by location and including serial numbers for all equipment, in a format reasonably acceptable to Pleasant Valley SDARIS' MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT.

Warranty; Limitation of Liability. EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9Warranties for the products shall be as follows: (1) with respect to the design, ENGIE SERVICES U.S. MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACTworkmanship and materials of the products, WHETHER EXPRESS OR IMPLIED IN LAWXXXXXXX EQUIPMENT COMPANY extends to Purchaser, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. HOWEVERand does hereby assign to Purchaser, THE POTENTIAL LACK OF A CONTRACTUAL WARRANTY DOES NOT PROHIBIT THE DISTRICT FROM EXERCISING ANY AND ALL OF ITS RIGHTS UNDER LAWthe same warranty or warranties regarding design, ESPECIALLY RELATED TO PATENT AND LATENT DEFICIENCIES. NEITHER ENGIE SERVICES U.S.workmanship and materials relating to the products as the manufacturer or supplier of the products extends to XXXXXXX EQUIPMENT COMPANY, NOR ENGIE SERVICES U.S.’s SUBCONTRACTORS OR VENDORSwhich shall be the sole warranty or warranties extended to Purchaser with regard to the products, WILL BE LIABLE TO Pleasant Valley SD FOR LOSS OF PROFITS OR FOR ANY SPECIALand (2) with respect to any fabrication work relating to the products performed by XXXXXXX EQUIPMENT COMPANY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. Section 9.01 ENGIE Services U.S. XXXXXXX EQUIPMENT COMPANY 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 shipment date. With respect to services supplied to Purchaser, XXXXXXX EQUIPMENT COMPANY warrants it will perform all services in a workmanlike manner in accordance with (i) any specifications set forth on any applicable service order; (ii) any Purchaser site requirements communicated to XXXXXXX EQUIPMENT COMPANY; and (iii) generally accepted industry practices applicable to the executed Certificate of Substantial Completion, or the date of Beneficial Use as indicated on the executed Certificate of Beneficial Use services; and (“ENGIE Services U.S. Warranty”)iv) these Terms and Conditions. Notwithstanding the preceding sentence, the date the ENGIE Services U.S. Warranty commences If XXXXXXX EQUIPMENT COMPANY breaches this warranty with respect to a specific piece the services, upon notice from Purchaser delivered not less than 60 days after such services have been provided, XXXXXXX EQUIPMENT COMPANY will promptly repair, replace or pieces re-supply the services in question (including shipping and labor costs, but not including removal or reinstallation costs) at no cost to Purchaser. THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER EXPRESS OR IMPLIED WARRANTIES ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY 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 DAMAGES HEREUNDER SHALL BE LIMITED TO THE AMOUNT PAID BY PURCHASER FOR THE PRODUCTS AND/OR SERVICES PURCHASED HEREBY. Written notice of equipment may any claimed defect must be further defined in Attachment C. Section 9.02 Equipment and material warranties that exceed the ENGIE Services U.S. Warranty period given to XXXXXXX EQUIPMENT COMPANY within thirty (30) days after such defect is or should have been discovered. Products claimed to be defective must be held for XXXXXXX EQUIPMENT COMPANY’s shipping instructions. No claim for products alleged to be defective will be provided directly 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 option, allowing credit for any such products, 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 improper installation, maintenance or application; (b) products that have been repaired or altered outside of XXXXXXX EQUIPMENT COMPANY’s facility, unless authorized in writing by the equipment XXXXXXX EQUIPMENT COMPANY or unless such installation, repair or alteration is performed by XXXXXXX EQUIPMENT COMPANY; or (c) any labor charges for removal 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 keep Pleasant Valley SD reasonably informed replacement of the communications non-conforming or defective product or part thereof. This warranty extends to Purchaser only and issues with the equipment and material manufacturers. If any material defects are discovered within the ENGIE Services U.S. Warranty period, ENGIE Services U.S., not to Purchaser’s customers or ENGIE Services U.S.users of Purchaser’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 Project, broken down by location and including serial numbers for all equipment, in a format reasonably acceptable to Pleasant Valley SDproducts.

Warranty; Limitation of Liability. EXCEPT FOR ARIS represents and warrants that the Services provided hereunder will be performed in a manner consistent with the standards and the general customs and practices of the computer services industry. Although ARIS warrants that 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 be year 2000 compliant. Customer must report any deficiencies in the Services within thirty (30) 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. THE EXPRESS WARRANTIES PROVIDED CONTAINED IN THIS ARTICLE 9, ENGIE SERVICES U.S. MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR AGREEMENT ARE ARIS' EXCLUSIVE WARRANTIES. ARIS DISCLAIMS ALL IMPLIED IN LAWWARRANTIES, INCLUDING ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ANY IMPLIED WARRANTIES AGAINST WARRANTY OF NON-INFRINGEMENT WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENTPROPERTY. HOWEVER, THE POTENTIAL LACK OF A CONTRACTUAL WARRANTY DOES ARIS WILL 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 IN ANY EVENT, IN CONTRACT OR TORT, FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL SPECIAL INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGESINDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN ANY EVENT, 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 keep Pleasant Valley SD reasonably informed of the communications and issues with the equipment and material manufacturers. 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 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 Project, broken down by location and including serial numbers for all equipment, in a format reasonably acceptable to Pleasant Valley SDARIS' MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO 1.5 TIMES THE AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT.

Warranty; Limitation of Liability. Monotype warrants to you that the Licensed Web Fonts will 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 of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). The Licensed Web Fonts are “productized” for web performance as of the date of this agreement and no representation is made to further productize the fonts. To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Monotype with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Monotype 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 this Agreement, the entire, exclusive, and cumulative liability and remedy shall be that Monotype will use commercially reasonable effects to cause the Licensed Web Font(s) provided herein to conform with the specifications within twenty-one (21) days or as soon thereafter as commercially reasonable. MONOTYPE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE’S BREACH OF WARRANTY. EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9FOREGOING LIMITED WARRANTY, ENGIE SERVICES U.S. MONOTYPE MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACTREPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED IN LAWIMPLIED, INCLUDING ANY IMPLIED WARRANTIES AS TO NONINFRINGEMENT OF MERCHANTABILITY THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENTPURPOSE. 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, IN NO EVENT WILL MONOTYPE BE LIABLE TO Pleasant Valley SD FOR LOSS OF PROFITS YOU OR ANYONE ELSE (I) FOR ANY SPECIALCONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCIDENTAL OR PUNITIVE SPECIAL DAMAGES, HOWEVER CAUSED AND ON INCLUDING WITHOUT LIMITATION ANY THEORY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF LIABILITYTHE 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 POSSIBILITY OF SUCH DAMAGES.. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Section 9.01 ENGIE Services U.S. warrants 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 Pleasant Valley SD that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or you. To the greatest extent permitted by law, any implied warranties not effectively excluded 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 Agreement are limited to twenty-one (121) year from days. Some jurisdictions do not permit a limitation of implied warranties where the date of Substantial Completion as indicated on the executed Certificate of Substantial Completionproduct results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Monotype’s liability for such physical injury or the date of Beneficial Use as indicated on the executed Certificate of Beneficial Use death shall not exceed One Hundred Thousand Dollars (“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$100,000) 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 issuesUnited States dollars, provided ENGIE Services U.S. shall keep Pleasant Valley SD reasonably informed that such jurisdictions permit a limitation of the communications 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 issues with the equipment and material manufacturers. 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 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 Project, broken down by location and including serial numbers for all equipment, in a format reasonably acceptable to Pleasant Valley SDnonrefundable.

Warranty; Limitation of Liability. MyFonts warrants to you that the Licensed Web Fonts will 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 of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). 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 this Agreement, 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 WARRANTIES PROVIDED IN THIS ARTICLE 9FOREGOING LIMITED WARRANTY, ENGIE SERVICES U.S. MYFONTS MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACTREPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED IN LAWIMPLIED, INCLUDING ANY IMPLIED WARRANTIES AS TO NON-INFRINGEMENT OF MERCHANTABILITY THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENTPURPOSE. 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, IN NO EVENT WILL MYFONTS BE LIABLE TO Pleasant Valley SD FOR LOSS OF PROFITS YOU OR ANYONE ELSE (I) FOR ANY SPECIALCONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCIDENTAL OR PUNITIVE SPECIAL DAMAGES, HOWEVER CAUSED AND ON INCLUDING WITHOUT LIMITATION ANY THEORY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MYFONTS HAS BEEN ADVISED OF LIABILITYTHE 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 POSSIBILITY OF SUCH DAMAGES.. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Section 9.01 ENGIE Services U.S. warrants 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 Pleasant Valley SD that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or you. To the greatest extent permitted by law, any implied warranties not effectively excluded 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 Agreement are limited to twenty-one (121) year from days. Some jurisdictions do not permit a limitation of implied warranties where the date of Substantial Completion as indicated on the executed Certificate of Substantial Completionproduct 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 the date of Beneficial Use as indicated on the executed Certificate of Beneficial Use death shall not exceed One Hundred Thousand Dollars (“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$100,000) 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 issuesUnited States dollars, provided ENGIE Services U.S. shall keep Pleasant Valley SD reasonably informed that such jurisdictions permit a limitation of the communications 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 issues with the equipment and material manufacturers. 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 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 Project, broken down by location and including serial numbers for all equipment, in a format reasonably acceptable to Pleasant Valley SDnonrefundable.

Warranty; Limitation of Liability. EXCEPT FOR AEP ENERGY PROVIDES ALL INFORMATION CONTAINED IN POWERPERKSSM “AS IS,” “AS AVAILABLE” AND SPEAKING ONLY TO EVENTS OR CIRCUMSTANCES ON OR BEFORE THE WARRANTIES PROVIDED IN THIS ARTICLE 9, ENGIE SERVICES U.S. DATE IT IS PRESENTED AND MAKES NO REPRESENTATION OR WARRANTY CONCERNING POWERPERKSSM OR ANY SERVICES PROVIDED HEREUNDER AND DISCLAIMS ANY AND ALL WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACTAND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED IN LAWIMPLIED, INCLUDING ANY OBLIGATION TO UPDATE OR CORRECT THE INFORMATION PROVIDED OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENTOR OTHERWISE. HOWEVERCustomer 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), THE POTENTIAL LACK OF A CONTRACTUAL WARRANTY DOES NOT PROHIBIT THE DISTRICT FROM EXERCISING ANY AND ALL OF ITS RIGHTS UNDER LAWand 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, ESPECIALLY RELATED TO PATENT AND LATENT DEFICIENCIESlost, or destroyed or arrive late or not at all, and AEP Energy is not liable for any loss or damage in connection therewith. NEITHER ENGIE SERVICES U.S.AEP Energy is not acting as Customer’s consultant or advisor and does not provide legal, NOR ENGIE SERVICES U.S.tax, accounting or other advice, and Customer shall not rely on AEP Energy in evaluating the advantages or disadvantages of PowerPerksSM, any 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 SUBCONTRACTORS OR VENDORSdecision to enter into this Agreement and any other decisions or actions it may take, or not take, under this Agreement are, and will be, based solely upon its own analysis (or that of its advisors) and not in reliance on information or statements from AEP Energy. IN NO EVENT WILL AEP ENERGY BE LIABLE TO Pleasant Valley SD FOR LOSS OF PROFITS CUSTOMER OR TO ANY THIRD PARTY FOR ANY SPECIALCONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON TANGIBLE OR INTANGIBLE LOSSES, COSTS, EXPENSES OR LOST PROFITS UNDER ANY THEORY CAUSE OF LIABILITYACTION 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 TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. 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 THE 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 GREATER OF (1) year from the date of Substantial Completion as indicated on the executed Certificate of Substantial CompletionTOTAL AMOUNT PAID BY AEP ENERGY TO CUSTOMER UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS OR (2) $500, or the date of Beneficial Use as indicated on the executed Certificate of Beneficial Use (“ENGIE Services U.S. Warranty”)AS THE SOLE AND EXCLUSIVE REMEDY. 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 CUSTOMER MUST BRING ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT WITHIN ONE (1) year periodYEAR FROM THE TIME THE CAUSE OF ACTION ACCRUES AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE EXPRESSLY WAIVED. 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, The foregoing limitations shall continue to apply even if an exclusive remedy provided ENGIE Services U.S. shall keep Pleasant Valley SD reasonably informed herein fails of the communications and issues with the equipment and material manufacturers. 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 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 Project, broken down by location and including serial numbers for all equipment, in a format reasonably acceptable to Pleasant Valley SDessential purpose.