Common use of Exclusion of Other Warranties Clause in Contracts

Exclusion of Other Warranties. EXCEPT WHERE OTHERWISE SET FORTH IN THIS AGREEMENT, SECTIONS 7.1,7.2,7.3,7.4 AND 7.5 ARE IN LIEU OF ALL CONDITIONS, WARRANTIES AND STATEMENTS IN RESPECT OF PRODUCT AND THE SERVICES PROVIDED HEREUNDER, WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM OF THE TRADE OR OTHERWISE, INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE UNDER ANY CONDITIONS, AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 9 WITH RESPECT TO THIRD PARTY CLAIMS, REPLACEMENT OR REFUND OF ANY NONCONFORMING PRODUCT AND REASONABLE DOCUMENTED OUT-OF-POCKET EXPENSES SHALL BE PURCHASER’S SOLE REMEDY FOR BREACH OF ANY PROVISION OF THIS AGREEMENT. Except for each party’s indemnification obligations pursuant to Sections 9.1 and 9.2 for Third Party Claims and injunctive relief permitted under Section 8.4, in no event shall Aventis or Purchaser and/or their respective Affiliates, be liable under or with respect to this Agreement, whether due to breach of warranty, tort, or repudiation of any term or condition or otherwise, for any indirect, incidental, consequential, special or punitive damages of any kind, including, but not limited to, loss of profits, provided however, in the event of Aventis’ failure to supply Product in accordance with the terms of this Agreement as a result of its gross negligence or intentional breach of this Agreement, Purchaser shall be entitled to seek loss of profits as its damages for such intentional breach or gross negligence. [*] Confidential treatment requested.

Exclusion of Other Warranties. EXCEPT WHERE OTHERWISE SET FORTH IN THIS AGREEMENT, SECTIONS 7.1,7.2,7.3,7.4 6.1, 6.2, 6.3, 6.4 AND 7.5 6.5 ARE IN LIEU OF ALL CONDITIONS, WARRANTIES AND STATEMENTS IN RESPECT OF PRODUCT AND IN RESPECT OF THE MANUFACTURING SERVICES PROVIDED HEREUNDER, WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM OF THE TRADE OR OTHERWISE, OTHERWISE (INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR ITS FITNESS FOR A PARTICULAR PURPOSE OR USE UNDER ANY CONDITIONS, ) AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 9 WITH RESPECT TO THIRD PARTY CLAIMS8 HEREIN, REPLACEMENT OR REFUND OF ANY NONCONFORMING PRODUCT AND REASONABLE DOCUMENTED OUT-OF-OUT OF POCKET EXPENSES SHALL BE PURCHASER’S RUGBY'S SOLE REMEDY FOR BREACH OF ANY PROVISION OF EXPRESS WARRANTY CONTAINED IN THIS AGREEMENTARTICLE VI. Except for each party’s indemnification obligations pursuant to Sections 9.1 and 9.2 for Third Party Claims and injunctive relief permitted under Section 8.4, in In no event shall Aventis HMRI or Purchaser and/or their respective Affiliates, Rugby be liable under or with respect to this Agreement, whether due to breach of warranty, tort, or repudiation of any term or condition or otherwise, Agreement for any indirect, incidental, consequential, special or punitive damages of any kind, including, but not limited to, including loss of profits, provided howeverincluding but not limited to due to breach of warranty, in the event tort, breach or repudiation of Aventis’ failure to supply Product in accordance with the terms of this Agreement as a result of its gross negligence any term or intentional breach condition of this Agreement, Purchaser shall be entitled to seek loss of profits as its damages for such intentional breach or gross negligence. [*] Confidential treatment requested.CONFIDENTIAL TREATMENT - NOTED BY * AND STRIKE-THROUGH

Exclusion of Other Warranties. EXCEPT WHERE OTHERWISE SET FORTH IN THIS AGREEMENT, SECTIONS 7.1,7.2,7.3,7.4 7.1, 7.2, 7.3 AND 7.5 7.4 ARE IN LIEU OF ALL CONDITIONS, WARRANTIES AND STATEMENTS IN RESPECT OF PRODUCT AND IN RESPECT OF THE MANUFACTURING SERVICES PROVIDED HEREUNDER, WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM OF THE TRADE OR OTHERWISE, OTHERWISE (INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR ITS FITNESS FOR A PARTICULAR PURPOSE OR USE UNDER ANY CONDITIONS, ) AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 9 WITH RESPECT TO THIRD PARTY CLAIMSHEREIN, REPLACEMENT OR REFUND OF ANY NONCONFORMING PRODUCT AND REASONABLE DOCUMENTED OUT-OF-OUT OF POCKET EXPENSES SHALL BE PURCHASER’S RUGBY'S SOLE REMEDY FOR BREACH OF ANY PROVISION OF EXPRESS WARRANTY CONTAINED IN THIS AGREEMENTARTICLE VII. Except for each party’s indemnification obligations pursuant to Sections 9.1 and 9.2 for Third Party Claims and injunctive relief permitted under Section 8.4, in In no event shall Aventis HMRI or Purchaser and/or their respective Affiliates, Rugby be liable under or with respect to this Agreement, whether due to breach of warranty, tort, or repudiation of any term or condition or otherwise, Agreement for any indirect, incidental, consequential, special or punitive damages of any kind, including, but not limited to, including loss of profits, provided howeverincluding but not limited to due to breach of warranty, in the event tort, breach or repudiation of Aventis’ failure to supply Product in accordance with the terms of this Agreement as a result of its gross negligence any term or intentional breach condition of this Agreement, Purchaser shall be entitled to seek loss of profits as its damages for such intentional breach or gross negligence. [*] Confidential treatment requested.

Exclusion of Other Warranties. PLANAR PROVIDES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EXCEPT WHERE OTHERWISE SET FORTH THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT, SECTIONS 7.1,7.2,7.3,7.4 DOCUMENT. PLANAR EXPRESSLY DISCLAIMS AND 7.5 ARE IN LIEU OF EXCLUDES ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES AND STATEMENTS IN RESPECT OR CONDITIONS OF PRODUCT AND THE SERVICES PROVIDED HEREUNDERTITLE, WHETHER EXPRESSED OR IMPLIED BY STATUTENONINFRINGEMENT, CUSTOM OF THE TRADE OR OTHERWISE, INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. PLANAR WILL NOT BE LIABLE FOR ANY VERBAL OR USE WRITTEN WARRANTIES OR ASSURANCES MADE BY A PLANAR EMPLOYEE OR AUTHORIZED PLANAR DEALER/DISTRIBUTOR THAT CONFLICTS WITH OR ENHANCES THE WRITTEN WARRANTY IN THIS DOCUMENT. Limitation of Liability; Exclusion of Damages PLANAR'S MAXIMUM AGGREGATE LIABILITY UNDER ANY CONDITIONSTHIS WARRANTY IS LIMITED TO ONE OF THE FOLLOWING REMEDIES: (1) REPLACEMENT WITH A SIMILAR NEW OR REFURBISHED PRODUCT, AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 9 WITH RESPECT TO THIRD PARTY CLAIMS, REPLACEMENT OR (2) REFUND OF ANY NONCONFORMING A PRORATED SHARE OF THE PRICE PLANAR SOLD THE PRODUCT AND REASONABLE DOCUMENTED OUT-OF-POCKET EXPENSES SHALL BE PURCHASERIF REPLACEMENT OF THE PRODUCT IS NOT COMMERCIALLY FEASIBLE IN PLANAR’S SOLE OPINION. PLANAR WILL NOT BE LIABLE FOR DAMAGE TO OTHER PROPERTY OR FOR DAMAGES BASED UPON INCONVENIENCE, LOSS OF USE OF THE PRODUCT, LOSS OF TIME, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, ANY LOSS, CORRUPTION OR MISUSE OF DATA OR OTHER INFORMATION, INTERFERENCE WITH BUSINESS RELATIONSHIPS, OR OTHER COMMERCIAL OR FINANCIAL LOSS, EVEN IF PLANAR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. PLANAR WILL NOT BE LIABLE FOR BREACH ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR ANY OTHER TYPE OF DAMAGES, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR ANY PROVISION OF OTHER LEGAL OR EQUITABLE THEORY. XXXXXX WILL NOT BE LIABLE FOR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PARTY. NOTHING IN THIS AGREEMENTWARRANTY LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. Except for each party’s indemnification obligations pursuant Effect of Local Law and Warranty Revisions This limited warranty gives you specific legal rights, and you may have other rights that vary from locality to Sections 9.1 locality. Some localities do not allow limitations on implied warranties or do not allow the exclusion of incidental or consequential damages, so the above limitations and 9.2 for Third Party Claims and injunctive relief permitted under Section 8.4, in no event shall Aventis exclusions may not apply to you. This Lifetime Limited Warranty applies only to Products purchased on or Purchaser and/or their respective Affiliates, be liable under or with respect after the effective date of this Warranty. Planar reserves the right to this Agreement, whether due to breach of warranty, tort, or repudiation of any term or condition or otherwise, for any indirect, incidental, consequential, special or punitive damages of any kind, including, but not limited to, loss of profits, provided however, in the event of Aventis’ failure to supply Product in accordance with change the terms of this Agreement as a result Warranty. Such changes will apply to Products purchased on or after the effective date of its gross negligence or intentional breach the revised warranty. COVERED PRODUCTS TABLE COVERED PRODUCTS ADDITIONAL WARRANTY SPECIFICATIONS Planar TVF Series (North America) Covered Products include the following TVF Series and TVF Complete video wall models purchased and installed in North America: Planar TVF0.9; Planar TVF1.2; Planar TVF1.5; Planar TVF1.8; Planar TVF2.5; Planar TVF Complete HD 109; Planar TVF Complete HD 137; Planar TVF Complete HD 164; Planar TVF Complete UHD 164; Planar TVF Complete DHD 198; Planar TVF Complete HD 219; and Planar TVF Complete UHD 219. All accessories, Field Replaceable Units (FRUs) and components (including but not limited to cables, power supplies and boards) purchased AT THE TIME of this Agreementthe initial Product purchase are covered. For items purchased AFTER the initial Product purchase, Purchaser shall be entitled to seek loss standard warranty period for Accessories apply. All Planar TVF Series and TVF Complete Products that are purchased with the addition of profits as its damages ERO-LED Gloss will have no warranty coverage for such intentional breach or gross negligencepixel failure. [*] Confidential treatment requested.TVF Products purchased with the addition of ERO-LED Matte are covered for pixel failure. Planar TVF Complete (North America)

Exclusion of Other Warranties. EXCEPT WHERE OTHERWISE SET FORTH IN THIS AGREEMENT, SECTIONS 7.1,7.2,7.3,7.4 6.1, 6.2, 6.3, 6.4 AND 7.5 6.5 ARE IN LIEU OF ALL CONDITIONS, WARRANTIES AND STATEMENTS IN RESPECT OF PRODUCT AND IN RESPECT OF THE MANUFACTURING SERVICES PROVIDED HEREUNDER, WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM OF THE TRADE OR OTHERWISE, OTHERWISE (INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR ITS FITNESS FOR A PARTICULAR PURPOSE OR USE UNDER ANY CONDITIONS, ) AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 9 WITH RESPECT TO THIRD PARTY CLAIMS8 HEREIN, REPLACEMENT OR REFUND OF ANY NONCONFORMING PRODUCT AND REASONABLE DOCUMENTED OUT-OF-OUT OF POCKET EXPENSES SHALL BE PURCHASER’S RUGBY'S SOLE REMEDY FOR BREACH OF ANY PROVISION OF EXPRESS WARRANTY CONTAINED IN THIS AGREEMENTARTICLE VI. Except for each party’s indemnification obligations pursuant to Sections 9.1 and 9.2 for Third Party Claims and injunctive relief permitted under Section 8.4, in In no event shall Aventis HMRI or Purchaser and/or their respective Affiliates, Rugby be liable under or with respect to this Agreement, whether due to breach of warranty, tort, or repudiation of any term or condition or otherwise, Agreement for any indirect, incidental, consequential, special or punitive damages of any kind, including, but not limited to, including loss of profits, provided howeverincluding but not limited to due to breach of warranty, in the event tort, breach or repudiation of Aventis’ failure to supply Product in accordance with the terms of this Agreement as a result of its gross negligence any term or intentional breach condition of this Agreement, Purchaser shall be entitled to seek loss of profits as its damages for such intentional breach or gross negligence. ["*] Confidential treatment requested.SEE PAGE ONE OF EXHIBIT"

Exclusion of Other Warranties. PLANAR PROVIDES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EXCEPT WHERE OTHERWISE SET FORTH THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT, SECTIONS 7.1,7.2,7.3,7.4 DOCUMENT. PLANAR EXPRESSLY DISCLAIMS AND 7.5 ARE IN LIEU OF EXCLUDES ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES AND STATEMENTS IN RESPECT OR CONDITIONS OF PRODUCT AND THE SERVICES PROVIDED HEREUNDERTITLE, WHETHER EXPRESSED OR IMPLIED BY STATUTENONINFRINGEMENT, CUSTOM OF THE TRADE OR OTHERWISE, INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. PLANAR WILL NOT BE LIABLE FOR ANY VERBAL OR USE WRITTEN WARRANTIES OR ASSURANCES MADE BY A PLANAR EMPLOYEE OR AUTHORIZED PLANAR DEALER/DISTRIBUTOR THAT CONFLICTS WITH OR ENHANCES THE WRITTEN WARRANTY IN THIS DOCUMENT. Limitation of Liability; Exclusion of Damages PLANAR'S MAXIMUM AGGREGATE LIABILITY UNDER ANY CONDITIONSTHIS WARRANTY IS LIMITED TO ONE OF THE FOLLOWING REMEDIES: (1) REPLACEMENT WITH A SIMILAR NEW OR REFURBISHED PRODUCT, AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 9 WITH RESPECT TO THIRD PARTY CLAIMS, REPLACEMENT OR (2) REFUND OF ANY NONCONFORMING A PRORATED SHARE OF THE PRICE PLANAR SOLD THE PRODUCT AND REASONABLE DOCUMENTED OUT-OF-POCKET EXPENSES SHALL BE PURCHASERIF REPLACEMENT OF THE PRODUCT IS NOT COMMERCIALLY FEASIBLE IN PLANAR’S SOLE OPINION. PLANAR WILL NOT BE LIABLE FOR DAMAGE TO OTHER PROPERTY OR FOR DAMAGES BASED UPON INCONVENIENCE, LOSS OF USE OF THE PRODUCT, LOSS OF TIME, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, ANY LOSS, CORRUPTION OR MISUSE OF DATA OR OTHER INFORMATION, INTERFERENCE WITH BUSINESS RELATIONSHIPS, OR OTHER COMMERCIAL OR FINANCIAL LOSS, EVEN IF PLANAR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. PLANAR WILL NOT BE LIABLE FOR BREACH ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR ANY OTHER TYPE OF DAMAGES, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR ANY PROVISION OF OTHER LEGAL OR EQUITABLE THEORY. XXXXXX WILL NOT BE LIABLE FOR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PARTY. NOTHING IN THIS AGREEMENTWARRANTY LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. Except for each party’s indemnification obligations pursuant Effect of Local Law and Warranty Revisions This limited warranty gives you specific legal rights, and you may have other rights that vary from locality to Sections 9.1 locality. Some localities do not allow limitations on implied warranties or do not allow the exclusion of incidental or consequential damages, so the above limitations and 9.2 for Third Party Claims and injunctive relief permitted under Section 8.4, in no event shall Aventis exclusions may not apply to you. This LCD Video Walls & Displays Limited Warranty applies only to Products purchased on or Purchaser and/or their respective Affiliates, be liable under or with respect after the effective date of this Warranty. Planar reserves the right to this Agreement, whether due to breach of warranty, tort, or repudiation of any term or condition or otherwise, for any indirect, incidental, consequential, special or punitive damages of any kind, including, but not limited to, loss of profits, provided however, in the event of Aventis’ failure to supply Product in accordance with change the terms of this Agreement as Warranty. Such changes will apply to Products purchased on or after the effective date of the revised warranty. SCHEDULE A LCD VIDEO WALLS & DISPLAYS LIMITED WARRANTY COVERED PRODUCTS TABLE COVERED PRODUCTS WARRANTY PERIOD ADDITIONAL WARRANTY SPECIFICATIONS Large Format LCD Displays Planar® Simplicity™ Series 2 Years Accessory standard warranty applies to accessories. Planar® PS Series Planar® QE Series Planar® EP Series Planar® EPX Series Planar® HB Series Huddle Board Planar® UltraRes™ Series 3 Years LCD Video Walls Clarity® Matrix® G3 LCD Video Wall System Clarity® Matrix® G2 LCD Video Wall System Planar® Mosaic® LCD Video Walls 3 Years Includes Additional Coverage defined below. Due to the unique way that Clarity Matrix G3 ERO and 3D displays are manufactured an end user should expect to see minor fluctuations in bezel dimensions along the perimeter of a result of its gross negligence or intentional breach of this Agreement, Purchaser shall be entitled display. Planar® VM Series 3 Years Accessory standard warranty applies to seek loss of profits as its damages for such intentional breach or gross negligence. [*] Confidential treatment requestedaccessories.

Exclusion of Other Warranties. PLANAR PROVIDES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EXCEPT WHERE OTHERWISE SET FORTH THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT, SECTIONS 7.1,7.2,7.3,7.4 DOCUMENT. PLANAR EXPRESSLY DISCLAIMS AND 7.5 ARE IN LIEU OF EXCLUDES ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES AND STATEMENTS IN RESPECT OR CONDITIONS OF PRODUCT AND THE SERVICES PROVIDED HEREUNDERTITLE, WHETHER EXPRESSED OR IMPLIED BY STATUTENONINFRINGEMENT, CUSTOM OF THE TRADE OR OTHERWISE, INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. PLANAR WILL NOT BE LIABLE FOR ANY VERBAL OR USE WRITTEN WARRANTIES OR ASSURANCES MADE BY A PLANAR EMPLOYEE OR AUTHORIZED PLANAR DEALER/DISTRIBUTOR THAT CONFLICTS WITH OR ENHANCES THE WRITTEN WARRANTY IN THIS DOCUMENT. Limitation of Liability; Exclusion of Damages PLANAR'S MAXIMUM AGGREGATE LIABILITY UNDER ANY CONDITIONSTHIS WARRANTY IS LIMITED TO ONE OF THE FOLLOWING REMEDIES: (1) REPLACEMENT WITH A SIMILAR NEW OR REFURBISHED PRODUCT, AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 9 WITH RESPECT TO THIRD PARTY CLAIMS, REPLACEMENT OR (2) REFUND OF ANY NONCONFORMING A PRORATED SHARE OF THE PRICE PLANAR SOLD THE PRODUCT AND REASONABLE DOCUMENTED OUT-OF-POCKET EXPENSES SHALL BE PURCHASERIF REPLACEMENT OF THE PRODUCT IS NOT COMMERCIALLY FEASIBLE IN PLANAR’S SOLE OPINION. PLANAR WILL NOT BE LIABLE FOR DAMAGE TO OTHER PROPERTY OR FOR DAMAGES BASED UPON INCONVENIENCE, LOSS OF USE OF THE PRODUCT, LOSS OF TIME, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, ANY LOSS, CORRUPTION OR MISUSE OF DATA OR OTHER INFORMATION, INTERFERENCE WITH BUSINESS RELATIONSHIPS, OR OTHER COMMERCIAL OR FINANCIAL LOSS, EVEN IF PLANAR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. PLANAR WILL NOT BE LIABLE FOR BREACH ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR ANY OTHER TYPE OF DAMAGES, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR ANY PROVISION OF OTHER LEGAL OR EQUITABLE THEORY. XXXXXX WILL NOT BE LIABLE FOR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PARTY. NOTHING IN THIS AGREEMENTWARRANTY LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. Except for each party’s indemnification obligations pursuant Effect of Local Law and Warranty Revisions This limited warranty gives you specific legal rights, and you may have other rights that vary from locality to Sections 9.1 locality. Some localities do not allow limitations on implied warranties or do not allow the exclusion of incidental or consequential damages, so the above limitations and 9.2 for Third Party Claims and injunctive relief permitted under Section 8.4, in no event shall Aventis exclusions may not apply to you. This LED Standard Limited Warranty applies only to Products purchased on or Purchaser and/or their respective Affiliates, be liable under or with respect after the effective date of this Warranty. Planar reserves the right to this Agreement, whether due to breach of warranty, tort, or repudiation of any term or condition or otherwise, for any indirect, incidental, consequential, special or punitive damages of any kind, including, but not limited to, loss of profits, provided however, in the event of Aventis’ failure to supply Product in accordance with change the terms of this Agreement as a result Warranty. Such changes will apply to Products purchased on or after the effective date of its gross negligence or intentional breach the revised warranty. SCHEDULE A LED STANDARD LIMITED WARRANTY COVERED PRODUCTS TABLE Additional Coverage: Covered Products include the following LED video walls purchased and installed in North America. All accessories, Field Replaceable Units (FRUs) and components (including but not limited to cables, power supplies and boards) purchased AT THE TIME of this Agreementthe initial Product purchase are covered. For items purchased AFTER the initial Product purchase, Purchaser shall be entitled to seek loss of profits as its damages standard warranty period for such intentional breach or gross negligenceAccessories apply. [*] Confidential treatment requestedCOVERED PRODUCTS WARRANTY PERIOD ADDITIONAL WARRANTY SPECIFICATIONS LED Video Walls Planar® CarbonLight™ CLI Series Planar® CarbonLight CLI Flex Series Planar® CarbonLight™ CLA Series Planar® CarbonLight™ CLF Series Planar® CarbonLight™ CLM Series Planar® CarbonLight™ CLO Series 2 Years Includes Additional Coverage defined above. Planar® TVF Series (Outside North America) Planar® TVF Complete (Outside North America) Planar® VS Series Planar® VVR Series Planar® TVH Series Planar® FX Series Planar® HRO Series Planar® HRO Complete LED Video Walls Planar® VersaLight™ Series Planar® TW Series Planar® NVH Series Planar® uEV Series Planar® uLV Series 2 Years Includes Additional Coverage defined above. Advanced Replacement is applicable (excluding LED modules).

Exclusion of Other Warranties. PLANAR PROVIDES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EXCEPT WHERE OTHERWISE SET FORTH THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT, SECTIONS 7.1,7.2,7.3,7.4 DOCUMENT. PLANAR EXPRESSLY DISCLAIMS AND 7.5 ARE IN LIEU OF EXCLUDES ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES AND STATEMENTS IN RESPECT OR CONDITIONS OF PRODUCT AND THE SERVICES PROVIDED HEREUNDERTITLE, WHETHER EXPRESSED OR IMPLIED BY STATUTENONINFRINGEMENT, CUSTOM OF THE TRADE OR OTHERWISE, INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. PLANAR WILL NOT BE LIABLE FOR ANY VERBAL OR USE WRITTEN WARRANTIES OR ASSURANCES MADE BY A PLANAR EMPLOYEE OR AUTHORIZED PLANAR DEALER/DISTRIBUTOR THAT CONFLICTS WITH OR ENHANCES THE WRITTEN WARRANTY IN THIS DOCUMENT. Limitation of Liability; Exclusion of Damages PLANAR'S MAXIMUM AGGREGATE LIABILITY UNDER ANY CONDITIONSTHIS WARRANTY IS LIMITED TO ONE OF THE FOLLOWING REMEDIES: (1) REPLACEMENT WITH A SIMILAR NEW OR REFURBISHED PRODUCT, AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 9 WITH RESPECT TO THIRD PARTY CLAIMS, REPLACEMENT OR (2) REFUND OF ANY NONCONFORMING A PRORATED SHARE OF THE PRICE PLANAR SOLD THE PRODUCT AND REASONABLE DOCUMENTED OUT-OF-POCKET EXPENSES SHALL BE PURCHASERIF REPLACEMENT OF THE PRODUCT IS NOT COMMERCIALLY FEASIBLE IN PLANAR’S SOLE OPINION. PLANAR WILL NOT BE LIABLE FOR DAMAGE TO OTHER PROPERTY OR FOR DAMAGES BASED UPON INCONVENIENCE, LOSS OF USE OF THE PRODUCT, LOSS OF TIME, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, ANY LOSS, CORRUPTION OR MISUSE OF DATA OR OTHER INFORMATION, INTERFERENCE WITH BUSINESS RELATIONSHIPS, OR OTHER COMMERCIAL OR FINANCIAL LOSS, EVEN IF PLANAR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. PLANAR WILL NOT BE LIABLE FOR BREACH ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR ANY OTHER TYPE OF DAMAGES, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR ANY PROVISION OF OTHER LEGAL OR EQUITABLE THEORY. XXXXXX WILL NOT BE LIABLE FOR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PARTY. NOTHING IN THIS AGREEMENTWARRANTY LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. Except for each party’s indemnification obligations pursuant Effect of Local Law and Warranty Revisions This limited warranty gives you specific legal rights, and you may have other rights that vary from locality to Sections 9.1 locality. Some localities do not allow limitations on implied warranties or do not allow the exclusion of incidental or consequential damages, so the above limitations and 9.2 for Third Party Claims and injunctive relief permitted under Section 8.4, in no event shall Aventis or Purchaser and/or their respective Affiliates, be liable under or with respect exclusions may not apply to this Agreement, whether due to breach of warranty, tort, or repudiation of any term or condition or otherwise, for any indirect, incidental, consequential, special or punitive damages of any kind, including, but not limited to, loss of profits, provided however, in the event of Aventis’ failure to supply Product in accordance with the terms of this Agreement as a result of its gross negligence or intentional breach of this Agreement, Purchaser shall be entitled to seek loss of profits as its damages for such intentional breach or gross negligence. [*] Confidential treatment requestedyou.

Exclusion of Other Warranties. PLANAR PROVIDES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EXCEPT WHERE OTHERWISE SET FORTH THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT, SECTIONS 7.1,7.2,7.3,7.4 DOCUMENT. PLANAR EXPRESSLY DISCLAIMS AND 7.5 ARE IN LIEU OF EXCLUDES ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES AND STATEMENTS IN RESPECT OR CONDITIONS OF PRODUCT AND THE SERVICES PROVIDED HEREUNDERTITLE, WHETHER EXPRESSED OR IMPLIED BY STATUTENONINFRINGEMENT, CUSTOM OF THE TRADE OR OTHERWISE, INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. PLANAR WILL NOT BE LIABLE FOR ANY VERBAL OR USE WRITTEN WARRANTIES OR ASSURANCES MADE BY A PLANAR EMPLOYEE OR AUTHORIZED PLANAR DEALER/DISTRIBUTOR THAT CONFLICTS WITH OR ENHANCES THE WRITTEN WARRANTY IN THIS DOCUMENT. Limitation of Liability; Exclusion of Damages PLANAR'S MAXIMUM AGGREGATE LIABILITY UNDER ANY CONDITIONSTHIS WARRANTY IS LIMITED TO ONE OF THE FOLLOWING REMEDIES: (1) REPLACEMENT WITH A SIMILAR NEW OR REFURBISHED PRODUCT, AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 9 WITH RESPECT TO THIRD PARTY CLAIMS, REPLACEMENT OR (2) REFUND OF ANY NONCONFORMING A PRORATED SHARE OF THE PRICE PLANAR SOLD THE PRODUCT AND REASONABLE DOCUMENTED OUT-OF-POCKET EXPENSES SHALL BE PURCHASERIF REPLACEMENT OF THE PRODUCT IS NOT COMMERCIALLY FEASIBLE IN PLANAR’S SOLE OPINION. PLANAR WILL NOT BE LIABLE FOR DAMAGE TO OTHER PROPERTY OR FOR DAMAGES BASED UPON INCONVENIENCE, LOSS OF USE OF THE PRODUCT, LOSS OF TIME, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, ANY LOSS, CORRUPTION OR MISUSE OF DATA OR OTHER INFORMATION, INTERFERENCE WITH BUSINESS RELATIONSHIPS, OR OTHER COMMERCIAL OR FINANCIAL LOSS, EVEN IF PLANAR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. PLANAR WILL NOT BE LIABLE FOR BREACH ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR ANY OTHER TYPE OF DAMAGES, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR ANY PROVISION OF OTHER LEGAL OR EQUITABLE THEORY. XXXXXX WILL NOT BE LIABLE FOR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PARTY. NOTHING IN THIS AGREEMENTWARRANTY LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. Except for each party’s indemnification obligations pursuant Effect of Local Law and Warranty Revisions This limited warranty gives you specific legal rights, and you may have other rights that vary from locality to Sections 9.1 locality. Some localities do not allow limitations on implied warranties or do not allow the exclusion of incidental or consequential damages, so the above limitations and 9.2 for Third Party Claims and injunctive relief permitted under Section 8.4, in no event shall Aventis exclusions may not apply to you. This LED Standard Limited Warranty applies only to Products purchased on or Purchaser and/or their respective Affiliates, be liable under or with respect after the effective date of this Warranty. Planar reserves the right to this Agreement, whether due to breach of warranty, tort, or repudiation of any term or condition or otherwise, for any indirect, incidental, consequential, special or punitive damages of any kind, including, but not limited to, loss of profits, provided however, in the event of Aventis’ failure to supply Product in accordance with change the terms of this Agreement as a result Warranty. Such changes will apply to Products purchased on or after the effective date of its gross negligence or intentional breach the revised warranty. SCHEDULE A LED STANDARD LIMITED WARRANTY COVERED PRODUCTS TABLE Additional Coverage: Covered Products include the following LED video walls purchased and installed in North America. All accessories, Field Replaceable Units (FRUs) and components (including but not limited to cables, power supplies and boards) purchased AT THE TIME of this Agreementthe initial Product purchase are covered. For items purchased AFTER the initial Product purchase, Purchaser shall be entitled to seek loss of profits as its damages standard warranty period for such intentional breach or gross negligenceAccessories applies. [*] Confidential treatment requestedCOVERED PRODUCTS WARRANTY PERIOD ADDITIONAL WARRANTY SPECIFICATIONS LED Video Walls Planar® CarbonLight™ CLA Series Planar® CarbonLight™ CLF Series Planar® CarbonLight™ CLI Flex Series Planar® CarbonLight™ CLI Series Planar® CarbonLight™ CLM Series Planar® CarbonLight™ CLO Series Planar® FX Series Planar® HRO Complete LED Video Walls Planar® HRO Series Planar® Luminate™ Pro Series Planar® Luminate™ Ultra Series Planar® NVH Series Planar® TVF Complete (Outside North America) Planar® TVF Series (Outside North America) Planar® TVH Series Planar® TW Series Planar® UC Complete (Outside North America) Planar® uEV Series Planar® uLV Series Planar® Venue™ Pro Series Planar® Venue™ Pro VX Series Planar® VersaLight™ Series Planar® VS Series Planar® VVR Series 2 Years Includes Additional Coverage defined above. Excludes LED modules if Advanced Replacement is applicable.

Exclusion of Other Warranties. EXCEPT WHERE OTHERWISE SET FORTH IN THIS AGREEMENT, SECTIONS 7.1,7.2,7.3,7.4 7.1, 7.2, 7.3, 7.4 AND 7.5 ARE IN LIEU OF ALL CONDITIONS, WARRANTIES AND STATEMENTS IN RESPECT OF PRODUCT AND IN RESPECT OF THE MANUFACTURING SERVICES PROVIDED HEREUNDER, WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM OF THE TRADE OR OTHERWISE, OTHERWISE (INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR ITS FITNESS FOR A PARTICULAR PURPOSE OR USE UNDER ANY CONDITIONS, ) AND ANY SUCH CONDITION, WARRANTY OR PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO THE COMPANY'S APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934. STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 9 WITH RESPECT TO THIRD PARTY CLAIMSIX HEREIN, REPLACEMENT OR REFUND OF ANY NONCONFORMING PRODUCT AND REASONABLE DOCUMENTED OUT-OF-POCKET EXPENSES SHALL BE PURCHASER’S KING'S SOLE REMEDY FOR BREACH OF ANY PROVISION OF EXPRESS WARRANTY CONTAINED IN THIS AGREEMENTARTICLE VII. Except for each party’s indemnification obligations pursuant to Sections 9.1 and 9.2 for Third Party Claims and injunctive relief permitted under Section 8.4, in In no event shall Aventis Supplier or Purchaser and/or their respective Affiliates, King be liable under or with respect to this Agreement, whether due to breach of warranty, tort, or repudiation of any term or condition or otherwise, Agreement for any indirect, incidental, consequential, special or punitive damages of any kind, including, but not limited to, loss of profits, provided howeverincluding, in the event but not limited to, due to breach of Aventis’ failure to supply Product in accordance with the terms warranty, tort, breach or repudiation of this Agreement as a result of its gross negligence any term or intentional breach condition of this Agreement, Purchaser shall be entitled to seek loss of profits as its damages for such intentional breach or gross negligence. [*] Confidential treatment requested.

Exclusion of Other Warranties. PLANAR PROVIDES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EXCEPT WHERE OTHERWISE SET FORTH THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT, SECTIONS 7.1,7.2,7.3,7.4 DOCUMENT. PLANAR EXPRESSLY DISCLAIMS AND 7.5 ARE IN LIEU OF EXCLUDES ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES AND STATEMENTS IN RESPECT OR CONDITIONS OF PRODUCT AND THE SERVICES PROVIDED HEREUNDERTITLE, WHETHER EXPRESSED OR IMPLIED BY STATUTENONINFRINGEMENT, CUSTOM OF THE TRADE OR OTHERWISE, INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. PLANAR WILL NOT BE LIABLE FOR ANY VERBAL OR USE WRITTEN WARRANTIES OR ASSURANCES MADE BY A PLANAR EMPLOYEE OR AUTHORIZED PLANAR DEALER/DISTRIBUTOR THAT CONFLICTS WITH OR ENHANCES THE WRITTEN WARRANTY IN THIS DOCUMENT. Limitation of Liability; Exclusion of Damages PLANAR'S MAXIMUM AGGREGATE LIABILITY UNDER ANY CONDITIONSTHIS WARRANTY IS LIMITED TO ONE OF THE FOLLOWING REMEDIES: (1) REPLACEMENT WITH A SIMILAR NEW OR REFURBISHED PRODUCT, AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 9 WITH RESPECT TO THIRD PARTY CLAIMS, REPLACEMENT OR (2) REFUND OF ANY NONCONFORMING A PRORATED SHARE OF THE PRICE PLANAR SOLD THE PRODUCT AND REASONABLE DOCUMENTED OUT-OF-POCKET EXPENSES SHALL BE PURCHASERIF REPLACEMENT OF THE PRODUCT IS NOT COMMERCIALLY FEASIBLE IN PLANAR’S SOLE OPINION. PLANAR WILL NOT BE LIABLE FOR DAMAGE TO OTHER PROPERTY OR FOR DAMAGES BASED UPON INCONVENIENCE, LOSS OF USE OF THE PRODUCT, LOSS OF TIME, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, ANY LOSS, CORRUPTION OR MISUSE OF DATA OR OTHER INFORMATION, INTERFERENCE WITH BUSINESS RELATIONSHIPS, OR OTHER COMMERCIAL OR FINANCIAL LOSS, EVEN IF PLANAR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. PLANAR WILL NOT BE LIABLE FOR BREACH ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR ANY OTHER TYPE OF DAMAGES, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR ANY PROVISION OF OTHER LEGAL OR EQUITABLE THEORY. XXXXXX WILL NOT BE LIABLE FOR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PARTY. NOTHING IN THIS AGREEMENTWARRANTY LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. Except for each party’s indemnification obligations pursuant Effect of Local Law and Warranty Revisions This limited warranty gives you specific legal rights, and you may have other rights that vary from locality to Sections 9.1 locality. Some localities do not allow limitations on implied warranties or do not allow the exclusion of incidental or consequential damages, so the above limitations and 9.2 for Third Party Claims and injunctive relief permitted under Section 8.4, in no event shall Aventis exclusions may not apply to you. This LCD Video Walls & Displays Limited Warranty applies only to Products purchased on or Purchaser and/or their respective Affiliates, be liable under or with respect after the effective date of this Warranty. Planar reserves the right to this Agreement, whether due to breach of warranty, tort, or repudiation of any term or condition or otherwise, for any indirect, incidental, consequential, special or punitive damages of any kind, including, but not limited to, loss of profits, provided however, in the event of Aventis’ failure to supply Product in accordance with change the terms of this Agreement as Warranty. Such changes will apply to Products purchased on or after the effective date of the revised warranty. SCHEDULE A LCD VIDEO WALLS & DISPLAYS LIMITED WARRANTY COVERED PRODUCTS TABLE COVERED PRODUCTS WARRANTY PERIOD ADDITIONAL WARRANTY SPECIFICATIONS Large Format LCD Displays Planar® Simplicity™ Series Planar® Simplicity™ Series 4K Planar® Simplicity™ M Series 2 Years Accessory standard warranty applies to accessories. Planar® PS Series Planar® QE Series Planar® EP Series Planar® EPX Series Planar® HB Series Huddle Board Planar® UltraRes™ Series Planar® UltraRes™ X Series Planar® UltraRes™ P Series 3 Years LCD Video Walls Clarity® Matrix® G3 LCD Video Wall System Clarity® Matrix® G2 LCD Video Wall System Planar® Mosaic® LCD Video Walls 3 Years Includes Additional Coverage defined below. Due to the unique way that Clarity Matrix G3 ERO and 3D displays are manufactured an end user should expect to see minor fluctuations in bezel dimensions along the perimeter of a result of its gross negligence or intentional breach of this Agreement, Purchaser shall be entitled display. Planar® VM Series 3 Years Accessory standard warranty applies to seek loss of profits as its damages for such intentional breach or gross negligence. [*] Confidential treatment requestedaccessories.

Exclusion of Other Warranties. EXCEPT WHERE OTHERWISE SET FORTH IN THIS AGREEMENT, SECTIONS 7.1,7.2,7.3,7.4 7.1, 7.2, 7.3, 7.4 AND 7.5 ARE IN LIEU OF ALL CONDITIONS, WARRANTIES AND STATEMENTS IN RESPECT OF PRODUCT AND THE SERVICES PROVIDED HEREUNDER, WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM OF THE TRADE OR OTHERWISE, INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE UNDER ANY CONDITIONS, AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 9 WITH RESPECT TO THIRD PARTY CLAIMS, REPLACEMENT OR REFUND OF ANY NONCONFORMING PRODUCT AND REASONABLE DOCUMENTED OUT-OF-POCKET EXPENSES SHALL BE PURCHASER’S SOLE REMEDY FOR BREACH OF ANY PROVISION OF THIS AGREEMENT. Except for each party’s indemnification obligations pursuant to Sections 9.1 and 9.2 for Third Party Claims and injunctive relief permitted under Section 8.4, in no event shall Aventis or Purchaser and/or their respective Affiliates, be liable under or with respect to this Agreement, whether due to breach of warranty, tort, or repudiation of any term or condition or otherwise, for any indirect, incidental, consequential, special or punitive damages of any kind, including, but not limited to, loss of profits, ; provided however, in the event of Aventis’ failure to supply Product in accordance with the terms of this Agreement as a result of its gross negligence or intentional breach of this Agreement, Purchaser shall be entitled to seek loss of profits as its damages for such intentional breach or gross negligence. [*] Confidential treatment requested.