Common use of Limits of Liability Clause in Contracts

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY. Notwithstanding the above, the following statement applies to Customers, who matches the definition of “Consumers” under the Australian Consumer Law: “Our goods come with guaranties that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX JINKO MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX JINKO BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX JINKO SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY. Notwithstanding the above, the following statement applies to Customers who matches the definition of “Consumers” under the Australian Consumer Law: “Our goods come with guaranties that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

Limits of Liability. NOTWITHSTANDING ANYTHING Not applicable in Québec: In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Device Protection Lite Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY IN CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION LITE PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION LITE PLAN CONTRACT). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION LITE PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION LITE PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED WARRANTYTO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREINSTATED IN CONTRACT, XXXXX MAKES NO WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION LITE PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH COURSE OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYPERFORMANCE.

Limits of Liability. NOTWITHSTANDING ANYTHING TAM’S TOTAL LIABILITY FOR ANY CLAIM OF ANY TYPE WHATSOVEVER IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY TAM’S SOLE NEGLIGENCE. THE CONTRARY CUSTOMER’S EXCLUSIVE REMEDY FOR ANY CLAIM OF NEGLIGENCE WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF LIABILITY. TAM SHALL NOT BE LIABLE IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY CONTRACT LAW, INCLUDING IMPLIED WARRANTIES TORT, OR ANY OTHER THEORY OF PERFORMANCELAW, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISINDIRECT, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTSPUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVEEXEMPLARY, EXEMPLARY EXTRACONTRACTUAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES DAMAGE PERTAINING TO THE MAINTENANCE SERVICE OR DAMAGES CAUSED BY REASON OF EQUIPMENT OUTLINED IN THIS AGREEMENT. NOR WILL TAM BE LIABLE FOR LOSS OF USEPROFITS, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITYBUSINESS, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL CAPITAL, COST OF SUBSTITUTED FACILITIES OR CLAIMS EQUIPMENT, OR SERVICE DOWN-TIME COSTS. THIS LIMIT OF CUSTOMER DAMAGESLIABILITY SHALL ALSO EXTEND TO CUSTOMERS OF THE CUSTOMER, NO MATTER HOW SUCH DAMAGES OCCURRED, WHETHER LIABILITY ARISES AS A RESULT OR NOT BECAUSE OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTYFAULT, OR FOR OTHER LOSS DELAY OF TAM, OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF BREACH OR RELATED FAILURE TO PERFORM THIS LIMITED WARRANTYAGREEMENT.

Limits of Liability. NOTWITHSTANDING ANYTHING Applicable in Québec: Except in the case of damages resulting from Our own act or of Our agents or service providers with respect to the Device Protection Lite Plan or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION LITE PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION LITE PLAN CONTRACT). IN SUCH CIRCUMSTANCES WE OR OUR AGENTS OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION LITE PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION LITE PLAN, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION LITE PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITYand in such event We may cancel this Contract and the Device Protection Lite Plan Contract immediately. Prohibitions on Transfer and Abuse of the Device Protection Lite Plan Contract. This Device Protection Lite Plan is for Your use only. It is only transferable by FIDO to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Device Protection Lite Plan by You, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESincluding but not limited to seeking replacement of a wireless device not belonging to You, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. NOTWITHSTANDING ANYTHING UNLESS EXPRESSLY PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW, OR UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, OUR LIABILITY IS LIMITED AS FOLLOWS: WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR (I) YOUR ACTS OR OMISSIONS OR THOSE OF ANY THIRD PARTY, (II) THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO ANY CLEARING HOUSE ASSOCIATION, TRANSACTION PROCESSING NETWORK, LICENSOR OR PROCESSOR, ANY FEDERAL RESERVE BANK, ANY OTHER FINANCIAL INSTITUTION OR ANY SUPPLIER, ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILITY, ANY TIME-SHARING SUPPLIER OR ANY MAIL OR COURIER SERVICE, AND NO SUCH PERSON OR ENTITY WILL BE DEEMED OUR AGENT, (III) FOR ANY OF OUR ACTIONS OR FAILURE TO ACT UNDER OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT TO THE CONTRARY EXTENT SUCH CONDUCT CONSTITUTES WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR (IV) FOR ANY FAILURE OR DELAY IN PERFORMING ANY OF OUR OBLIGATIONS UNDER THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES AGREEMENT IF SUCH FAILURE OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED DELAY IS CAUSED BY LAWCIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING IMPLIED WARRANTIES ANY NATURAL DISASTER (SUCH AS EARTHQUAKES OR FLOODS), EMERGENCY CONDITIONS (SUCH AS WAR, RIOT, FIRE, THEFT OR LABOR DISPUTE OR DIFFICULTIES), LEGAL CONSTRAINT OR GOVERNMENTAL ACTION OR INACTION, BREAKDOWN OR FAILURE OF PERFORMANCEOUR COMPUTER, MERCHANTABILITY TRANSMISSION OR FITNESS FOR COMMUNICATIONS FACILITIES AND EQUIPMENT OR OF THIRD PARTIES, BREAKDOWN OF ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILITIES, ANY TIME-SHARING SUPPLIER AND ANY MAIL OR COURIER SERVICE, OR YOUR ACT, OMISSION, NEGLIGENCE OR FAULT. IF A PARTICULAR PURPOSE AND IMPLIED WARRANTIES COURT FINDS THAT WE ARE LIABLE TO YOU BECAUSE OF CUSTOM OUR ACTS OR USAGEOMISSIONS IN CONNECTION WITH THIS AGREEMENT, ARISING YOU MAY RECOVER FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESUS ONLY YOUR ACTUAL DAMAGES. IN NO EVENT SHALL XXXXX WILL YOU BE RESPONSIBLE PURSUANT ABLE TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, RECOVER FROM US INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF ANY NATURE WHATSOEVERTHE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL NOT APPLY WHERE EXPRESSLY PROHIBITED BY THE LAWS GOVERNING YOUR ACCOUNT. Except to the extent that the Bank fails to exercise ordinary care or breaches this Agreement, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEyou agree to indemnify and hold the Bank and its directors, LOSS OF PROFITS OR REVENUEofficers, INTEREST CHARGES employees, and agents harmless from all claims, demands, losses, liabilities, judgments, and expenses (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNERincluding their attorneys’ fees and legal expenses) arising out of or in any way connected with the Bank’s performance under this Agreement. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYYou agree that this indemnification will survive the closing of your account and the termination of any service.

Limits of Liability. NOTWITHSTANDING ANYTHING SELLER’S TOTAL LIABILITY FOR ANY CLAIM OF ANY TYPE WHATSOEVER IN CONNECTION WITH THESE T’S & C’S OR UNDER ANY PURCHASE ORDER OR AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY SELLER’S SOLE NEGLIGENCE. PURCHASER’S EXCLUSIVE REMEDY FOR ANY CLAIM OF NEGLIGENCE WILL NOT EXCEED THE AMOUNT OF IMPACTED FORGINGS ACTUALLY PAID BY PURCHASER UP TO THE CONTRARY ONE (1) YEAR PERIOD PRECEDING THE DATE OF LIABILITY. SELLER SHALL NOT BE LIABLE IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY CONTRACT LAW, INCLUDING IMPLIED WARRANTIES TORT, OR ANY OTHER THEORY OF PERFORMANCELAW, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISINDIRECT, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTSPUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVEEXEMPLARY, EXEMPLARY EXTRA-CONTRACTUAL, OR CONSEQUENTIAL DAMAGES DAMAGE PERTAINING TO THE PRODUCTS OR EQUIPMENT COVERED BY THESE T’s & C’s OR ANY APPLICABLE SERVICES AGREEMENT OR STATEMENT OF ANY NATURE WHATSOEVERWORK. NOR WILL SELLER BE LIABLE FOR LOSS OF PROFITS, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF USE, LOSS COST OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITYCAPITAL, COST OF CAPITAL SUBSTITUTED FACILITIES OR CLAIMS EQUIPMENT, OR SERVICE DOWN- TIME COSTS. THE LIMITATIONS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX PARAGRAPH 16 SHALL HAVE NO RESPONSIBILITY NOT APPLY TO THE WILLFUL MISCONDUCT OR LIABILITY WHATSOEVER FOR DAMAGE GROSS NEGLIGENCE OF SELLER OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYITS EMPLOYEES.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX JINKO BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY. Notwithstanding the above, the following statement applies to Customers, who matches the definition of “Consumers” under the Australian Consumer Law: “Our goods come with guaranties that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT ONLY AS MAY BE EXPRESSLY PROVIDED SET FORTH HEREIN, XXXXX MAKES NO WARRANTIESCONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR USAGE, NON-INFRINGEMENT. EXCEPT TO THE EXTENT ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES MUNICIPALITY’S PAYMENT OBLIGATIONS FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. SERVICES, IN NO EVENT SHALL XXXXX CONSULTANT OR MUNICIPALITY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY ONE ANOTHER FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY RELIANCE, EXEMPLARY, OR CONSEQUENTIAL SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE FORM OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESACTION, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF IN CONTRACT, TORT LIABILITY (INCLUDING INDEMNITY, NEGLIGENCE), WARRANTY, STRICT LIABILITY, BY OPERATION OR TORT, EVEN IF ADVISED OF LAW OR IN THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY OTHER MANNERREMAINING REMEDY. EXCEPT AS SET OUT WITH RESPECT TO PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING OUT BY NEGLIGENCE, INTENTIONAL CONDUCT, OR OTHERWISE) EXCEED THE GREATER OF OR RELATED THE AMOUNT OF FEES PAID TO CONSULTANT PURSUANT TO THIS LIMITED WARRANTYAGREEMENT OR THE AVAILABLE LIMITS OF CONSULTANTS INSURANCE (SUCH LIMITS DEFINE MUNICIPAL MAXIMUM LIABILITY TO THE SAME EXTENT AS IF MUNICIPALITY HAD BEEN OBLIGATED TO PURCHASE THE POLICIES).

Limits of Liability. NOTWITHSTANDING ANYTHING PARK PLACE’S TOTAL LIABILITY FOR ANY CLAIM OF ANY TYPE WHATSOVEVER IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY PARK PLACE’S SOLE NEGLIGENCE. THE CONTRARY CUSTOMER’S EXCLUSIVE REMEDY FOR ANY CLAIM OF NEGLIGENCE WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF LIABILITY. PARK PLACE SHALL NOT BE LIABLE IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY CONTRACT LAW, INCLUDING IMPLIED WARRANTIES TORT, OR ANY OTHER THEORY OF PERFORMANCELAW, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISINDIRECT, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTSPUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVEEXEMPLARY, EXEMPLARY EXTRA-CONTRACTUAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES DAMAGE PERTAINING TO THE MAINTENANCE SERVICE OR DAMAGES CAUSED BY REASON OF EQUIPMENT OUTLINED IN THIS AGREEMENT. NOR WILL PARK PLACE BE LIABLE FOR LOSS OF USEPROFITS, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITYBUSINESS, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL CAPITAL, COST OF SUBSTITUTED FACILITIES OR CLAIMS EQUIPMENT, OR SERVICE DOWN-TIME COSTS. THIS LIMIT OF CUSTOMER DAMAGESLIABILITY SHALL ALSO EXTEND TO CUSTOMERS OF THE CUSTOMER, NO MATTER HOW SUCH DAMAGES OCCURRED, WHETHER LIABILITY ARISES AS A RESULT OR NOT BECAUSE OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTYFAULT, OR FOR OTHER LOSS DELAY OF PARK PLACE, OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF BREACH OR RELATED FAILURE TO PERFORM THIS LIMITED WARRANTYAGREEMENT.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX JINKO MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX JINKO BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX JINKO SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY. Notwithstanding the above, the following statement applies to Customers, who matches the definition of “Consumers” under the Australian Consumer Law: “Our goods come with guaranties that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

Limits of Liability. NOTWITHSTANDING ANYTHING Applicable in Québec: Except in the case of damages resulting from Our own act or of Our agents or service providers with respect to the Device Protection Lite Plan or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION LITE PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION LITE PLAN CONTRACT). IN SUCH CIRCUMSTANCES WE OR OUR AGENTS OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION LITE PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION LITE PLAN, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION LITE PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITYand in such event We may cancel this Contract and the Device Protection Lite Plan Contract immediately. Prohibitions on Transfer and Abuse of the Device Protection Lite Plan Contract. This Device Protection Lite Plan is for Your use only. It is only transferable by ROGERS to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Device Protection Lite Plan by You, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESincluding but not limited to seeking replacement of a wireless device not belonging to You, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. NOTWITHSTANDING ANYTHING In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Premium Device Protection Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE PREMIUM DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE PREMIUM DEVICE PROTECTION PLAN CONTRACT). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE PREMIUM DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE PREMIUM DEVICE PROTECTION PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE PREMIUM DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITYand in such event We may cancel this Contract and the Premium Device Protection Plan Contract immediately. Prohibitions on Transfer and Abuse of the Premium Device Protection Plan Contract. This Premium Device Protection Plan is for Your use only. It is only transferable by FIDO to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Premium Device Protection Plan by You, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESincluding but not limited to seeking replacement of a wireless device not belonging to You, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX LICENSOR MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES, EXPRESS OR RELATING TO IMPLIED, THAT MIGHT OTHERWISE ARISE INCLUDING THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR (1) MERCHANTABILITY; AND (2) FITNESS FOR A PARTICULAR PURPOSE PURPOSE; AND IMPLIED (3) THAT THE LICENSED USES AND/OR EACH LICENSEE’S USE OF THE MARKS ARE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADEMARKS, OR PROPRIETARY RIGHTS OF THIRD PARTIES. NO REPRESENTATIONS OR WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING HAVE BEEN MADE TO THE MODULESLICENSEES AS TO THEIR EARNINGS, SUCCESS, REVENUES, PROFITS OR LOSSES PURSUANT TO THIS AGREEMENT AND LICENSOR HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO ANY EARNINGS, SUCCESS, REVENUES, PROFIT, LOSS, OR FAILURE OF THE LICENSEES HEREUNDER. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMERLICENSOR’S ENTIRE LIABILITY AND EACH LICENSEE’S SOLE AND EXCLUSIVE REMEDIES ARISING REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER, WHETHER SOUNDING IN CONTRACT, TORT, UNDER STATUTE, OR RELATING OTHERWISE (INCLUDING WITHOUT LIMITATION ANY NONPERFORMANCE OR MISREPRESENTATION) SHALL BE LIMITED TO ANY BREACH THE AGGREGATE SUM OF THE WARRANTIESU.S. $10,000. IN NO EVENT SHALL XXXXX WILL LICENSOR BE RESPONSIBLE PURSUANT TO THIS WARRANTY LIABLE FOR (i) ANY PERFORMANCE ANALYSISDAMAGES CAUSED, INSPECTIONIN WHOLE OR PART, DIAGNOSISBY LICENSEE, REMOVALOR FOR (ii) ANY LOST REVENUES, CUSTOMSLOST PROFITS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, LOST SAVINGS OR OTHER INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED BY ANY PERSON EVEN IF LICENSOR HAS BEEN ADVISED OF ANY NATURE WHATSOEVER, INCLUDING LOSSES THE POSSIBILITY OF SUCH DAMAGES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYCLAIMS.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES GOODS AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULESPRODUCTS. THE REMEDIES FOR BREACH OF THIS LIMITED WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS LIMITED WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT ONLY AS MAY BE EXPRESSLY PROVIDED SET FORTH HEREIN, XXXXX MAKES NO WARRANTIESCONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESINFRINGEMENT. IN NO EVENT SHALL XXXXX CONSULTANT OR MUNICIPALITY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY ONE ANOTHER FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY RELIANCE, EXEMPLARY, OR CONSEQUENTIAL SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES. LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE FORM OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESACTION, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF IN CONTRACT, TORT LIABILITY (INCLUDING INDEMNITY, NEGLIGENCE), WARRANTY, STRICT LIABILITY, BY OPERATION OR TORT, EVEN IF ADVISED OF LAW OR IN THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY OTHER MANNERTHAN WITH RESPECT TO PAYMENT OF OBLIGATIONS FOR SERVICES. EXCEPT AS SET OUT WITH RESPECT TO PAYMENT OBLIGATIONS, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING OUT BY NEGLIGENCE, INTENDED CONDUCT, OR OTHERWISE) EXCEED THE AMOUNT OF OR RELATED FEES PAID TO CONSULTANT PURSUANT TO THIS LIMITED WARRANTYAGREEMENT.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY. Notwithstanding the above, the following statement applies to Customers, who matches the definition of “Consumers” under the Australian Consumer Law: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

Limits of Liability. NOTWITHSTANDING ANYTHING U.S. CELLULAR'S LIABILITY REGARDING YOUR USE OF THE SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CONTRARY IN CHARGES YOU INCUR FOR SERVICES OR EQUIPMENT DURING THE AFFECTED PERIOD. THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY MEANS U.S. CELLULAR IS NOT LIABLE FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF (SUCH AS LOST PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREINLOST BUSINESS OPPORTUNITIES), LOSS OF BONDING CAPACITY, COST OF CAPITAL PUNITIVE OR CLAIMS OF CUSTOMER EXEMPLARY DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACTOR ATTORNEYS' FEES. Disclaimer of Warranties USCC makes no warranty regarding the services, TORT LIABILITY equipment or software and disclaims any implied warranty, including any warranties of merchantability, infringement or fitness for a particular purpose. USCC is not responsible for circumstances beyond its control, including without limitation, acts or omissions of others, atmospheric conditions, or acts of God. USCC does not manufacture equipment or software, and customer's only warranties and representations with respect to equipment or software are those provided by the manufacturer (INCLUDING NEGLIGENCEwith respect to which USCC has no liability whatsoever), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX USCC SHALL HAVE NO RESPONSIBILITY LIABILITY TO CUSTOMER OR LIABILITY WHATSOEVER ANY END USER FOR DAMAGE ANY PORTION OF THE SERVICE PROVIDED BY RIM, ITSELF OR INJURY TO PERSONS THROUGH OR PROPERTYIN CONJUNCTION WITH USCC, OR FOR OTHER LOSS THE ACCURACY, TIMELINESS OR INJURY RESULTING FROM CONTINUED AVAILABILITY OF ANY CAUSE WHATSOEVER ARISING OUT SUCH SERVICE. USCC SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY END USER FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION WITH RESPECT TO ANY ELEMENT OF THE BLACKBERRY PORTION OF THE SERVICE PROVIDED BY ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, BY RIM, THROUGH OR RELATED TO THIS LIMITED WARRANTYIN CONJUNCTION WITH USCC. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USCC SPECIFICALLY DISCLAIMS THE SUITABILITY OF THE SERVICE FOR USE IN MISSION CRITICAL APPLICATIONS OR IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL AND LIFE SUPPORT OR WEAPONS SYSTEMS.

Limits of Liability. NOTWITHSTANDING ANYTHING In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Device Protection Lite Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY IN CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION LITE PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION LITE PLAN CONTRACT). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION LITE PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION LITE PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED WARRANTYTO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREINSTATED IN CONTRACT, XXXXX MAKES NO WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION LITE PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITYand in such event We may cancel this Contract and the Device Protection Lite Plan Contract immediately. Prohibitions on Transfer and Abuse of the Device Protection Lite Plan Contract. This Device Protection Lite Plan is for Your use only. It is only transferable by ROGERS to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Device Protection Lite Plan by You, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESincluding but not limited to seeking replacement of a wireless device not belonging to You, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. NOTWITHSTANDING ANYTHING Applicable in Québec: Except in the case of damages resulting from Our own act or of Our agents or service providers with respect to the Device Protection Plan or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION PLAN CONTRACT). IN SUCH CIRCUMSTANCES WE OR OUR AGENTS OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION PLAN, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITYand in such event We may cancel this Contract and the Device Protection Plan Contract immediately. Prohibitions on Transfer and Abuse of the Device Protection Plan Contract. This Device Protection Plan is for Your use only. It is only transferable by FIDO to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Device Protection Plan by You, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESincluding but not limited to seeking replacement of a wireless device not belonging to You, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. NOTWITHSTANDING ANYTHING 1.29 UNLESS EXPRESSLY PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW, OR UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, OUR LIABILITY IS LIMITED AS FOLLOWS: WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR (I) YOUR ACTS OR OMISSIONS OR THOSE OF ANY THIRD PARTY, (II) THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO ANY CLEARING HOUSE ASSOCIATION, TRANSACTION PROCESSING NETWORK, LICENSOR OR PROCESSOR, ANY FEDERAL RESERVE BANK, ANY OTHER FINANCIAL INSTITUTION OR ANY SUPPLIER, ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILITY, ANY TIME- SHARING SUPPLIER OR ANY MAIL OR COURIER SERVICE, AND NO SUCH PERSON OR ENTITY WILL BE DEEMED OUR AGENT, (III) FOR ANY OF OUR ACTIONS OR FAILURE TO ACT UNDER OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT TO THE CONTRARY EXTENT SUCH CONDUCT CONSTITUTES WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR (IV) FOR ANY FAILURE OR DELAY IN PERFORMING ANY OF OUR OBLIGATIONS UNDER THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES AGREEMENT IF SUCH FAILURE OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED DELAY IS CAUSED BY LAWCIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING IMPLIED WARRANTIES ANY NATURAL DISASTER (SUCH AS EARTHQUAKES OR FLOODS), EMERGENCY CONDITIONS (SUCH AS WAR, RIOT, FIRE, THEFT OR LABOR DISPUTE OR DIFFICULTIES), LEGAL CONSTRAINT OR GOVERNMENTAL ACTION OR INACTION, BREAKDOWN OR FAILURE OF PERFORMANCEOUR COMPUTER, MERCHANTABILITY TRANSMISSION OR FITNESS FOR COMMUNICATIONS FACILITIES AND EQUIPMENT OR OF THIRD PARTIES, BREAKDOWN OF ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILTIES, ANY TIME- SHARING SUPPLIER AND ANY MAIL OR COURIER SERVICE, OR YOUR ACT, OMISSION, NEGLIGENCE OR FAULT. IF A PARTICULAR PURPOSE AND IMPLIED WARRANTIES COURT FINDS THAT WE ARE LIABLE TO YOU BECAUSE OF CUSTOM OUR ACTS OR USAGE, ARISING OMISSIONS IN CONNECTION WITH THIS AGREEMENT YOU MAY RECOVER FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESUS ONLY YOUR ACTUAL DAMAGES. IN NO EVENT SHALL XXXXX WILL YOU BE RESPONSIBLE PURSUANT ABLE TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, RECOVER FROM US INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE POSSIBILITY OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER SUCH DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.

Limits of Liability. NOTWITHSTANDING ANYTHING UNLESS EXPRESSLY PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW, OR UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, OUR LIABILITY IS LIMITED AS FOLLOWS: WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR (I) YOUR ACTS OR OMISSIONS OR THOSE OF ANY THIRD PARTY, (II) THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO ANY CLEARING HOUSE ASSOCIATION, TRANSACTION PROCESSING NETWORK, LICENSOR OR PROCESSOR, ANY FEDERAL RESERVE BANK, ANY OTHER FINANCIAL INSTITUTION OR ANY SUPPLIER, ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILITY, ANY TIME- SHARING SUPPLIER OR ANY MAIL OR COURIER SERVICE, AND NO SUCH PERSON OR ENTITY WILL BE DEEMED OUR AGENT, (III) FOR ANY OF OUR ACTIONS OR FAILURE TO ACT UNDER OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT TO THE CONTRARY EXTENT SUCH CONDUCT CONSTITUTES WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR (IV) FOR ANY FAILURE OR DELAY IN PERFORMING ANY OF OUR OBLIGATIONS UNDER THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES AGREEMENT IF SUCH FAILURE OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED DELAY IS CAUSED BY LAWCIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING IMPLIED WARRANTIES ANY NATURAL DISASTER (SUCH AS EARTHQUAKES OR FLOODS), EMERGENCY CONDITIONS (SUCH AS WAR, RIOT, FIRE, THEFT OR LABOR DISPUTE OR DIFFICULTIES), LEGAL CONSTRAINT OR GOVERNMENTAL ACTION OR INACTION, BREAKDOWN OR FAILURE OF PERFORMANCEOUR COMPUTER, MERCHANTABILITY TRANSMISSION OR FITNESS FOR COMMUNICATIONS FACILITIES AND EQUIPMENT OR OF THIRD PARTIES, BREAKDOWN OF ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILTIES, ANY TIME-SHARING SUPPLIER AND ANY MAIL OR COURIER SERVICE, OR YOUR ACT, OMISSION, NEGLIGENCE OR FAULT. IF A PARTICULAR PURPOSE AND IMPLIED WARRANTIES COURT FINDS THAT WE ARE LIABLE TO YOU BECAUSE OF CUSTOM OUR ACTS OR USAGE, ARISING OMISSIONS IN CONNECTION WITH THIS AGREEMENT YOU MAY RECOVER FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESUS ONLY YOUR ACTUAL DAMAGES. IN NO EVENT SHALL XXXXX WILL YOU BE RESPONSIBLE PURSUANT ABLE TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, RECOVER FROM US INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE POSSIBILITY OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER SUCH DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.

Limits of Liability. NOTWITHSTANDING ANYTHING TO In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Phone Protection Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL NOT EXCEED THE CONTRARY IN CHARGES ACTUALLY PAID BY YOU UNDER THIS PHONE PROTECTION PLAN CONTRACT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEEDING SUCH ERROR, OMISSION OR FAILURE. THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE PHONE PROTECTION PLAN CONTRACT OR OUR OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THIS PHONE PROTECTION PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED WARRANTYTO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREINSTATED IN CONTRACT, XXXXX MAKES NO WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THIS PHONE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH COURSE OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYPERFORMANCE.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED FULLEST EXTENT PERMITTED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS EXCEPT FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN £N NO EVENT SHALL XXXXX EITHER PARTY BE RESPONSIBLE LIABLE FOR ANY CLAIM FOR ANY rNDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIALDAMAGES, FOR LOSS OF GOODWILL, FOR LOSS OF BUSrNESS PROFITS, OR DAMAGES FOR LOSS OF BUSrNESS, OR LOSS OR rNACCURACY OF DATA OF ANY KIND, OR OTHER rNDIRECT ECONOMIC DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT (rNCLUDrNG STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE AGGREGATE AMOUNT OF ANY AND ALL LIABILITY OF ONE PARTY TO THE OTHER FOR ANY CLAIM(S) AR1S£NG FROM OR RELATrNG TO THE AGREEMENT, SHALL BE LIMITED TO DIRECT PROVABLE DAMAGES AND SHALL NOT EXCEED, £N ANY EVENT, TWO HUNDRED THOUSAND FIFTY DOLLARS ($250,000). THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO OUTSTANDrNG AMOUNTS OWED BY AGENCY FOR FEES rNCURRED BY RIDERS, AND SHALL NOT LIMIT THE SCOPE OF LYFT'S COMMERCIAL AUTOMOBILE LIABILITY POLICY OR THE OTHER rNSURANCE COVERAGES PROVIDED BY LYFT PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYAGREEMENT.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT ONLY AS MAY BE EXPRESSLY PROVIDED SET FORTH HEREIN, XXXXX MAKES NO WARRANTIESCONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR ANY KIND, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESINFRINGEMENT. IN NO EVENT SHALL XXXXX CONSULTANT OR MUNICIPALITY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY ONE ANOTHER FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY RELIANCE, EXEMPLARY, OR CONSEQUENTIAL SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES,. LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE FORM OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESACTION, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF IN CONTRACT, TORT LIABILITY (INCLUDING INDEMNITY, NEGLIGENCE), WARRANTY, STRICT LIABILITY, BY OPERATION OR TORT, EVEN IF ADVISED OF LAW OR IN THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY OTHER MANNERTHAN WITH RESPECT TO PAYMENT OF OBLIGATIONS FOR SERVICES. EXCEPT AS SET OUT WITH RESPECT TO PAYMENT OBLIGATIONS, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING OUT BY NEGLIGENCE, INTENDED CONDUCT, OR OTHERWISE) EXCEED THE AMOUNT OF OR RELATED FEES PAID TO CONSULTANT PURSUANT TO THIS LIMITED WARRANTYAGREEMENT. Comment [KAW4]: I deleted this provision because doing so is for the Village’s benefit. However, I think it unlikely SAFEbuilt will accept such a revision.

Limits of Liability. NOTWITHSTANDING ANYTHING Applicable in Québec: Except in the case of damages resulting from Our own act or of Our agents or service providers with respect to the Device Protection Plan or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION PLAN CONTRACT). IN SUCH CIRCUMSTANCES WE OR OUR AGENTS OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION PLAN, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPTAS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITYand in such event We may cancel this Contract and the Device Protection Plan Contract immediately. Prohibitions on Transfer and Abuse of the Device Protection Plan Contract. This Device Protection Plan is for Your use only. It is only transferable by XXXXXX to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Device Protection Plan by You, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESincluding but not limited to seeking replacement of a wireless device not belonging to You, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. NOTWITHSTANDING ANYTHING U.S. CELLULAR’S LIABILITY REGARDING YOUR USE OF THE EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE EQUIPMENT, IS LIMITED TO THE CONTRARY IN CHARGES YOU INCUR FOR EQUIPMENT DURING THE AFFECTED PERIOD. THIS LIMITED MEANS U.S. CELLULAR IS NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEYS’ FEES. Disclaimer of Warranties: U.S. CELLULAR MAKES NO WARRANTY REGARDING THE EQUIPMENT AND SOFTWARE AND DISCLAIMS ANY IMPLIED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULESEXTENT PERMITTED BY STATE LAW. THE REMEDIES U.S. CELLULAR IS NOT RESPONSIBLE FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERCIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING LOSSES WITHOUT LIMITATION, ACTS OR DAMAGES CAUSED BY REASON OMISSIONS OF LOSS OF USEOTHERS, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTYATMOSPHERIC CONDITIONS, OR FOR OTHER LOSS ACTS OF GOD. U.S. CELLULAR DOES NOT MANUFACTURE EQUIPMENT OR INJURY RESULTING FROM SOFTWARE, AND YOUR ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER UNLESS AND ONLY TO THE EXTENT THAT APPLICABLE STATE LAW IMPOSES WARRANTY OBLIGATIONS ON U.S. CELLULAR. Arbitration: ANY CAUSE WHATSOEVER CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED RELATING TO THIS LIMITED WARRANTYCONTRACT SHALL BE RESOLVED BY BINDING ARBITRATION AT THE REQUEST OF EITHER PARTY PURSUANT TO THE WIRELESS INDUSTRY ARBITRATION RULES AS MODIFIED BY THIS CONTRACT AND AS ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). WE SHALL BE FULLY RESPONSIBLE FOR FILING, ADMINISTRATION AND ARBITRATOR FEES AND WE WILL ADVANCE, OR REIMBURSE YOU FOR, ANY REASONABLE FILING, ADMINISTRATION AND ARBITRATOR FEES FOR ANY ARBITRATION INITIATED IN ACCORDANCE WITH THIS PARAGRAPH. WE WILL REIMBURSE YOU FOR YOUR REASONABLE ATTORNEYS’ FEES AND COSTS IF THE ARBITRATOR AWARDS YOU AN AMOUNT EQUAL TO OR GREATER THAN THE AMOUNT YOU HAVE DEMANDED IN SUCH ARBITRATION. THE AMERICAN ARBITRATION ASSOCIATION SHALL ADMINISTER THE ARBITRATION AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. BOTH PARTIES ACKNOWLEDGE THAT THIS CONTRACT IS A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND IS THEREFORE GOVERNED BY THE FEDERAL ARBITRATION ACT. BY AGREEING TO ARBITRATION, BOTH PARTIES ARE WAIVING THEIR RIGHT TO LITIGATE IN COURT INCLUDING ANY RIGHT TO A JURY TRIAL. UNLESS YOU AND WE OTHERWISE MUTUALLY AGREE, ALL HEARINGS UNDER SUCH ARBITRATION SHALL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. AT YOUR OPTION, YOU MAY BRING AN ACTION AGAINST US IN SMALL CLAIMS COURT, NOTWITHSTANDING THIS CONTRACT. THE PARTIES AGREE THAT ALL CLAIMS, WHETHER IN ARBITRATION OR IN SMALL CLAIMS COURT, SHALL BE TREATED INDIVIDUALLY AND THERE SHALL BE NO CONSOLIDATION OF CLAIMS, CLASS ACTIONS, REPRESENTATIVE ACTIONS OR PRIVATE ATTORNEY GENERAL ACTIONS. U.S. CELLULAR EXPRESSLY REJECTS AND DOES NOT CONSENT TO ANY CONSOLIDATION OF CLAIMS OR CLASS ACTION IN THE ARBITRATION. THIS ARBITRATION AGREEMENT SURVIVES THE TERMINATION OF THIS CONTRACT. FOR ADDITIONAL INFORMATION ON COMMENCING ARBITRATION AND HOW THE ARBITRATION PROCESS WORKS, YOU MAY CALL THE AMERICAN ARBITRATION ASSOCIATION AT 0-000-000-0000 OR VISIT ITS WEBSITE AT XXX.XXX.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY. Notwithstanding the above, the following statement applies to Customers who matchesthe definition of “Consumers” under the Australian Consumer Law: “Our goods comewith guarantees that cannot be excluded under the Australian Consumer Law. You are entitledto a replacement or refund for a major failureand compensation for any other reasonably foreseeable loss or damage. You are alsoentitled to have the goods repaired or replacedif the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LIMITED WARRANTY, IT IS CLARIFIED THAT THE BENEFITS TO THE CUSTOMER (WHO MATCHES THE DEFINITION OF A CONSUMER/CUSTOMER UNDER AUSTRIALIAN CONSUMER LAWS OR NEW ZEALAND CONSUMER LAW AS APPLICABLE) UNDER THIS LIMITED WARRANTY SHALL BE IN ADDITION TO THE RIGHTS AND REMEDIES TO THE CUSTOMER UNDER A LAW IN RELATION TO THE GOODS TO WHICH THIS LIMITED WARRANTY RELATES. FURTHER, SAVE AND EXCEPT AS EXPRESSLY PROVIDED HEREINHEREIN ABOVE, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S CUSTOMERS SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY. FURTHER, NOTWITHSTANDING THE ABOVE, THE BELOW STATEMENT APPLIES TO CUSTOMERS WHO MATCHES THE DEFINITION OF CUSTOMERS UNDER THE AUSTRALIAN CONSUMER LAW: “OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.” STATUTORY RIGHTS IN NEW ZEALAND: JINKO PRODUCTS COME WITH CONSUMER GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE NZ CONSUMER GUARANTEE ACT (CGA) 1993. WHERE THE CUSTOMER IS DEFINED AS A CONSUMER UNDER THE ACT, THE CUSTOMER HAS A RIGHT OF REDRESS AGAINST XXXXX IN ACCORDANCE WITH NZ CGA 1993 IN RESPECT OF THE FAILURE OF A PRODUCT TO COMPLY WITH A GUARANTEE, THE CONSUMER MAY EXERCISE THE FOLLOWING REMEDIES:

Limits of Liability. NOTWITHSTANDING ANYTHING EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS IN SECTION 14, OR EITHER PARTY’S BREACH OF CONFIDENTIALITY IN SECTION 10, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CLAIM FOR ANY INDIRECT, WILLFUL, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF GOODWILL, FOR LOSS OF BUSINESS PROFITS, OR DAMAGES FOR LOSS OF BUSINESS, OR LOSS OR INACCURACY OF DATA OF ANY KIND, OR OTHER INDIRECT ECONOMIC DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE AGGREGATE AMOUNT OF ANY AND ALL LIABILITY OF ONE PARTY TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, OTHER FOR ANY CLAIM(S) ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS AGREEMENT, SHALL NOT EXCEED, IN ANY WARRANTY OR GUARANTEE IMPLIED BY LAWEVENT, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH GREATER OF THE WARRANTIESTOTAL AMOUNT PAID OR PAYABLE BY PARTNER UNDER THIS AGREEMENT FOR THE PRECEDING TWELVE (12) MONTH PERIOD OR FIVE HUNDRED THOUSAND DOLLARS ($500,000). IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT LYFT’S LIABILITY EXCEED TWO MILLION DOLLARS ($2,000,000). THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO THIS WARRANTY OUTSTANDING AMOUNTS OWED BY COUNTY FOR ANY PERFORMANCE ANALYSISCHARGES INCURRED BY USERS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY LYFT’S COMMERCIAL AUTOMOBILE LIABILITY POLICY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED LYFT’S GENERAL LIABILITY POLICY. THE COUNTY’S LIMITS ON LIABILITY IS GOVERNED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNERMINN. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYSTAT. CH. 466.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTYFULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR EITHER PARTY’S BREACH OF CONFIDENTIALITY AND EXCEPT, AS EXPRESSLY PROVIDED HEREINAPPLICABLE, XXXXX MAKES SET FORTH IN EXHIBIT A, IN NO WARRANTIESEVENT SHALL EITHER PARTY BE LIABLE FOR ANY CLAIM FOR ANY INDIRECT, GUARANTEES PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONDITIONSCONSEQUENTIAL DAMAGES, EXPRESS FOR LOSS OF GOODWILL, FOR LOSS OF BUSINESS PROFITS, OR IMPLIEDDAMAGES FOR LOSS OF BUSINESS, OR LOSS OR INACCURACY OF DATA OF ANY KIND, OR OTHER INDIRECT ECONOMIC DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. EXCEPT FOR EITHER PARTY’S BREACH OF CONFIDENTIALITY, THE AGGREGATE AMOUNT OF ANY AND ALL LIABILITY OF ONE PARTY TO THE OTHER FOR ANY CLAIM(S) ARISING FROM OR RELATING TO THE MODULES AGREEMENT, SHALL BE LIMITED TO DIRECT PROVABLE DAMAGES AND JINKO DISCLAIMS SHALL NOT EXCEED, IN ANY WARRANTY OR GUARANTEE IMPLIED EVENT, FIVE HUNDRED THOUSAND DOLLARS ($5000,000). THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO OUTSTANDING AMOUNTS OWED BY LAWUNIVERSITY FOR CHARGES INCURRED BY RIDERS, INCLUDING IMPLIED WARRANTIES NOR SHALL IT LIMIT THE SCOPE OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULESLYFT’S COMMERCIAL AUTOMOBILE LIABILITY POLICY. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING NO LIMITATIONS SHALL APPLY TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES LIABLITY AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW A PARTY’S GROSS NEGLIGENCE OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYWILLFUL MISCONDUCT.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX JINKO MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX JINKO BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX JINKO SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY. Notwithstanding the above, the following statement applies to Customers who matches the definition of “Consumers” under the Australian Consumer Law: “Our goods come with guaranties that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

Limits of Liability. NOTWITHSTANDING ANYTHING SILVER CUBE’S TOTAL LIABILITY FOR ANY CLAIM OF ANY TYPE WHATSOVEVER IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY SILVER CUBE’S SOLE NEGLIGENCE. THE CONTRARY CUSTOMER’S EXCLUSIVE REMEDY FOR ANY CLAIM OF NEGLIGENCE WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF LIABILITY. SILVER CUBE SHALL NOT BE LIABLE IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY CONTRACT LAW, INCLUDING IMPLIED WARRANTIES TORT, OR ANY OTHER THEORY OF PERFORMANCELAW, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISINDIRECT, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTSPUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVEEXEMPLARY, EXEMPLARY EXTRA-CONTRACTUAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES DAMAGE PERTAINING TO THE MAINTENANCE SERVICE OR DAMAGES CAUSED BY REASON OF EQUIPMENT OUTLINED IN THIS AGREEMENT. NOR WILL SILVER CUBE BE LIABLE FOR LOSS OF USEPROFITS, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITYBUSINESS, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL CAPITAL, COST OF SUBSTITUTED FACILITIES OR CLAIMS EQUIPMENT, OR SERVICE DOWN-TIME COSTS. THIS LIMIT OF CUSTOMER DAMAGESLIABILITY SHALL ALSO EXTEND TO CUSTOMERS OF THE CUSTOMER, NO MATTER HOW SUCH DAMAGES OCCURRED, WHETHER LIABILITY ARISES AS A RESULT OR NOT BECAUSE OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTYFAULT, OR FOR OTHER LOSS DELAY OF SILVER CUBE, OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF BREACH OR RELATED FAILURE TO PERFORM THIS LIMITED WARRANTYAGREEMENT.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT ONLY AS MAY BE EXPRESSLY PROVIDED SET FORTH HEREIN, XXXXX MAKES NO WARRANTIESCONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR USAGE, NON-INFRINGEMENT. EXCEPT TO THE EXTENT ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES MUNICIPALITY’S PAYMENT OBLIGATIONS FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. SERVICES, IN NO EVENT SHALL XXXXX CONSULTANT OR MUNICIPALITY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY ONE ANOTHER FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY RELIANCE, EXEMPLARY, OR CONSEQUENTIAL SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES. LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE FORM OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESACTION, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF IN CONTRACT, TORT LIABILITY (INCLUDING INDEMNITY, NEGLIGENCE), WARRANTY, STRICT LIABILITY, BY OPERATION OR TORT, EVEN IF ADVISED OF LAW OR IN THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY OTHER MANNERREMAINING REMEDY. EXCEPT AS SET OUT WITH RESPECT TO PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING OUT BY NEGLIGENCE, INTENTIONAL CONDUCT, OR OTHERWISE) EXCEED THE GREATER OF OR RELATED THE AMOUNT OF FEES PAID TO CONSULTANT PURSUANT TO THIS LIMITED WARRANTYAGREEMENT OR THE AVAILABLE LIMITS OF CONSULTANTS INSURANCE (SUCH LIMITS DEFINE MUNICIPAL MAXIMUM LIABILITY TO THE SAME EXTENT AS IF MUNICIPALITY HAD BEEN OBLIGATED TO PURCHASE THE POLICIES).

Limits of Liability. NOTWITHSTANDING ANYTHING UNLESS EXPRESSLY PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW, OR UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, OUR LIABILITY IS LIMITED AS FOLLOWS: WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR (I) YOUR ACTS OR OMISSIONS OR THOSE OF ANY THIRD PARTY, (II) THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO ANY CLEARING HOUSE ASSOCIATION, TRANSACTION PROCESSING NETWORK, LICENSOR OR PROCESSOR, ANY FEDERAL RESERVE BANK, ANY OTHER FINANCIAL INSTITUTION OR ANY SUPPLIER, ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILITY, ANY TIME-SHARING SUPPLIER OR ANY MAIL OR COURIER SERVICE, AND NO SUCH PERSON OR ENTITY WILL BE DEEMED OUR AGENT, (III) FOR ANY OF OUR ACTIONS OR FAILURE TO ACT UNDER OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT TO THE CONTRARY EXTENT SUCH CONDUCT CONSTITUTES WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR (IV) FOR ANY FAILURE OR DELAY IN PERFORMING ANY OF OUR OBLIGA TIONS UNDER THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES AGREEMENT IF SUCH FAILURE OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED DELAY IS CAUSED BY LAWCIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING IMPLIED WARRANTIES ANY NATURAL DISASTER (SUCH AS EARTHQUAKES OR FLOODS), EMERGENCY CONDITIONS (SUCH AS WAR, RIOT, FIRE, THEFT OR LABOR DISPUTE OR DIFFICUL TIES), LEGAL CONSTRAINT OR GOVERNMENTAL ACTION OR INACTION, BREAKDOWN OR FAILURE OF PERFORMANCEOUR COMPUTER, MERCHANTABILITY TRANSMISSION OR FITNESS FOR COMMUNICATIONS FACILITIES AND EQUIPMENT OR OF THIRD PARTIES, BREAKDOWN OF ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILITIES, ANY TIME-SHARING SUPPLIER AND ANY MAIL OR COURIER SERVICE, OR YOUR ACT, OMISSION, NEGLIGENCE OR FAULT. IF A PARTICULAR PURPOSE AND IMPLIED WARRANTIES COURT FINDS THAT WE ARE LIABLE TO YOU BECAUSE OF CUSTOM OUR ACTS OR USAGEOMISSIONS IN CONNECTION WITH THIS AGREEMENT, ARISING YOU MAY RECOVER FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESUS ONLY YOUR ACTUAL DAMAGES. IN NO EVENT SHALL XXXXX WILL YOU BE RESPONSIBLE PURSUANT ABLE TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, RECOVER FROM US INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF ANY NATURE WHATSOEVERTHE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL NOT APPLY WHERE EXPRESSLY PROHIBITED BY THE LAWS GOVERNING YOUR ACCOUNT. Except to the extent that the Bank fails to exercise ordinary care or breaches this Agreement, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEyou agree to indemnify and hold the Bank and its directors, LOSS OF PROFITS OR REVENUEof ficers, INTEREST CHARGES employees, and agents harmless from all claims, demands, losses, liabilities, judgments, and expenses (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNERincluding their attorneys’ fees and legal expenses) arising out of or in any way connected with the Bank’s performance under this Agreement. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYYou agree that this indemnification will survive the closing of your account and the termination of any service.

Limits of Liability. NOTWITHSTANDING ANYTHING U.S. CELLULAR’S LIABILITY REGARDING YOUR USE OF THE SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CONTRARY IN CHARGES YOU INCUR FOR SERVICES OR EQUIPMENT DURING THE AFFECTED PERIOD. THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY MEANS U.S. CELLULAR IS NOT LIABLE FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF (SUCH AS LOST PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREINLOST BUSINESS OPPORTUNITIES), LOSS OF BONDING CAPACITY, COST OF CAPITAL PUNITIVE OR CLAIMS OF CUSTOMER EXEMPLARY DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACTOR ATTORNEYS’ FEES. Disclaimer of Warranties USCC makes no warranty regarding the services, TORT LIABILITY equipment or software and disclaims any implied warranty, including any warranties of merchantability, infringement or fitness for a particular purpose. USCC is not responsible for circumstances beyond its control, including without limitation, acts or omissions of others, atmospheric conditions, or acts of God. USCC does not manufacture equipment or software, and customer’s only warranties and representations with respect to equipment or software are those provided by the manufacturer (INCLUDING NEGLIGENCEwith respect to which USCC has no liability whatsoever), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX USCC SHALL HAVE NO RESPONSIBILITY LIABILITY TO CUSTOMER OR LIABILITY WHATSOEVER ANY END USER FOR DAMAGE ANY PORTION OF THE SERVICE PROVIDED BY RIM, ITSELF OR INJURY TO PERSONS THROUGH OR PROPERTYIN CONJUNCTION WITH USCC, OR FOR OTHER LOSS THE ACCURACY, TIMELINESS OR INJURY RESULTING FROM CONTINUED AVAILABILITY OF ANY CAUSE WHATSOEVER ARISING OUT SUCH SERVICE. USCC SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY END USER FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION WITH RESPECT TO ANY ELEMENT OF THE BLACKBERRY PORTION OF THE SERVICE PROVIDED BY ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, BY RIM, THROUGH OR RELATED TO THIS LIMITED WARRANTYIN CONJUNCTION WITH USCC. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USCC SPECIFICALLY DISCLAIMS THE SUITABILITY OF THE SERVICE FOR USE IN MISSION CRITICAL APPLICATIONS OR IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL AND LIFE SUPPORT OR WEAPONS SYSTEMS.

Limits of Liability. NOTWITHSTANDING ANYTHING UNLESS EXPRESSLY PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW, OR UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, OUR LIABILITY IS LIMITED AS FOLLOWS: WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR (I) YOUR ACTS OR OMISSIONS OR THOSE OF ANY THIRD PARTY, (II) THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO ANY CLEARING HOUSE ASSOCIATION, TRANSACTION PROCESSING NETWORK, LICENSOR OR PROCESSOR, ANY FEDERAL RESERVE BANK, ANY OTHER FINANCIAL INSTITUTION OR ANY SUPPLIER, ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILITY, ANY TIME- SHARING SUPPLIER OR ANY MAIL OR COURIER SERVICE, AND NO SUCH PERSON OR ENTITY WILL BE DEEMED OUR AGENT, (III) FOR ANY OF OUR ACTIONS OR FAILURE TO ACT UNDER OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT TO THE CONTRARY EXTENT SUCH CONDUCT CONSTITUTES WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR (IV) FOR ANY FAILURE OR DELAY IN PERFORMING ANY OF OUR OBLIGATIONS UNDER THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES AGREEMENT IF SUCH FAILURE OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED DELAY IS CAUSED BY LAWCIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING IMPLIED WARRANTIES ANY NATURAL DISASTER (SUCH AS EARTHQUAKES OR FLOODS), EMERGENCY CONDITIONS (SUCH AS WAR, RIOT, FIRE, THEFT OR LABOR DISPUTE OR DIFFICULTIES), LEGAL CONSTRAINT OR GOVERNMENTAL ACTION OR INACTION, BREAKDOWN OR FAILURE OF PERFORMANCEOUR COMPUTER, MERCHANTABILITY TRANSMISSION OR FITNESS FOR COMMUNICATIONS FACILITIES AND EQUIPMENT OR OF THIRD PARTIES, BREAKDOWN OF ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILTIES, ANY TIME- SHARING SUPPLIER AND ANY MAIL OR COURIER SERVICE, OR YOUR ACT, OMISSION, NEGLIGENCE OR FAULT. IF A PARTICULAR PURPOSE AND IMPLIED WARRANTIES COURT FINDS THAT WE ARE LIABLE TO YOU BECAUSE OF CUSTOM OUR ACTS OR USAGE, ARISING OMISSIONS IN CONNECTION WITH THIS AGREEMENT YOU MAY RECOVER FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESUS ONLY YOUR ACTUAL DAMAGES. IN NO EVENT SHALL XXXXX WILL YOU BE RESPONSIBLE PURSUANT ABLE TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, RECOVER FROM US INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE POSSIBILITY OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER SUCH DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.

Limits of Liability. NOTWITHSTANDING ANYTHING 10.1. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS OTHER PARTY FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING LOSSES (WHETHER BASED ON TORT OR DAMAGES CAUSED BY REASON CONTRACT AND EVEN IF THAT PARTY HAS BEEN ADVISED OF LOSS THE POSSIBILITY OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREINSUCH DAMAGES), LOSS OR SUCH PARTY’S LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE. UNDER NO CIRCUMSTANCES SHALL THE ENTIRE LIABILITY OF BONDING CAPACITYEITHER PARTY TO THE OTHER PARTY UNDER THIS AGREEMENT, COST WITH RESPECT TO ANY SUBJECT MATTER OF CAPITAL THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR CLAIMS OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNT OF CUSTOMER DAMAGESTHE AVERAGE MONTHLY FEES AND CHARGES PAID BY MERCHANT TO FORTE, WHETHER LIABILITY ARISES AS A EXCLUDING ANY PASS-THROUGH FEES, FOR THE SERVICE FOR THE IMMEDIATE THREE (3) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO MERCHANT’S CLAIM. FURTHER, FORTE WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OF ITS OBLIGATIONS IN CONNECTION WITH ANY SERVICE IF SUCH PERFORMANCE WOULD RESULT OF IN IT BEING IN BREACH OF CONTRACTANY LAW, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION RULE OR REQUIREMENT OF LAW OR IN ANY OTHER MANNERGOVERNMENTAL AUTHORITY. EXCEPT AS SET OUT IN THE PROVISIONS OF THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT SECTION WILL SURVIVE THE TERMINATION OF OR RELATED TO THIS LIMITED WARRANTYAGREEMENT.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT ONLY AS MAY BE EXPRESSLY PROVIDED SET FORTH HEREIN, XXXXX MAKES NO WARRANTIESCONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR USAGE, NON-INFRINGEMENT. EXCEPT TO THE EXTENT ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES MUNICIPALITY’S PAYMENT OBLIGATIONS FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. SERVICES, IN NO EVENT SHALL XXXXX CONSULTANT OR MUNICIPALITY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY ONE ANOTHER FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY RELIANCE, EXEMPLARY, OR CONSEQUENTIAL SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE FORM OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESACTION, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF IN CONTRACT, TORT LIABILITY (INCLUDING INDEMNITY, NEGLIGENCE), WARRANTY, STRICT LIABILITY, BY OPERATION OR TORT, EVEN IF ADVISED OF LAW OR IN THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY OTHER MANNERREMAINING REMEDY. EXCEPT AS SET OUT WITH RESPECT TO PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING OUT BY NEGLIGENCE, INTENTIONAL CONDUCT, OR OTHERWISE) EXCEED THE GREATER OF OR RELATED THE AMOUNT OF FEES PAID TO CONSULTANT PURSUANT TO THIS LIMITED WARRANTYAGREEMENT OR THE AVAILABLE LIMITS OF CONSULTANTS INSURANCE (SUCH LIMITS DEFINE MUNICIPAL MAXIMUM LIABILITY TO THE SAME EXTENT AS IF MUNICIPALITY HAD BEEN OBLIGATED TO PURCHASE THE POLICIES). EXCEPT WITH RESPECT TO PAYMENT OBLIGATIONS, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY NEGLIGENCE, INTENDED CONDUCT, OR OTHERWISE) EXCEED $2,000,000.

Limits of Liability. NOTWITHSTANDING ANYTHING Not applicable in Québec: In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Device Protection Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY IN CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION PLAN CONTRACT). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED WARRANTYTO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREINSTATED IN CONTRACT, XXXXX MAKES NO WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH COURSE OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYPERFORMANCE.

Limits of Liability. NOTWITHSTANDING ANYTHING U.S. CELLULAR’S LIABILITY REGARDING YOUR USE OF THE SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CONTRARY IN CHARGES YOU INCUR FOR SERVICES OR EQUIPMENT DURING THE AFFECTED PERIOD. THIS LIMITED MEANS U.S. CELLULAR IS NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEYS’ FEES. Disclaimer of Warranties U.S. CELLULAR MAKES NO WARRANTY REGARDING THE SERVICES, EQUIPMENT AND SOFTWARE AND DISCLAIMS ANY IMPLIED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULESEXTENT PERMITTED BY STATE LAW. THE REMEDIES U.S. CELLULAR IS NOT RESPONSIBLE FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERCIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING LOSSES WITHOUT LIMITATION, ACTS OR DAMAGES CAUSED BY REASON OMISSIONS OF LOSS OF USEOTHERS, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTYATMOSPHERIC CONDITIONS, OR FOR OTHER LOSS ACTS OF GOD. U.S. CELLULAR DOES NOT MANUFACTURE EQUIPMENT OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF SOFTWARE, AND YOUR ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR RELATED SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER UNLESS AND ONLY TO THIS LIMITED WARRANTYTHE EXTENT THAT APPLICABLE STATE LAW IMPOSES WARRANTY OBLIGATIONS ON U.S. CELLULAR.

Limits of Liability. NOTWITHSTANDING ANYTHING Applicable in Québec: Except in the case of damages resulting from Our own act or of Our agents or service providers with respect to the Premium Device Protection Plan or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE PREMIUM DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE PREMIUM DEVICE PROTECTION PLAN CONTRACT). IN SUCH CIRCUMSTANCES WE OR OUR AGENTS OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE PREMIUM DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE PREMIUM DEVICE PROTECTION PLAN, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE PREMIUM DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITYand in such event We may cancel this Contract and the Premium Device Protection Plan Contract immediately. Prohibitions on Transfer and Abuse of the Premium Device Protection Plan Contract. This Premium Device Protection Plan is for Your use only. It is only transferable by FIDO to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Premium Device Protection Plan by You, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESincluding but not limited to seeking replacement of a wireless device not belonging to You, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX ROBINS DONUTS MAKES NO WARRANTIESREPRESENTATIONS, GUARANTEES WARRANTIES OR CONDITIONSCONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARISING FROM OR RELATING WITH RESPECT TO THE MODULES AND JINKO DISCLAIMS GIFT CARD, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF PERFORMANCEMERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME STATES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES, SO THIS MAY NOT BE APPLICABLE TO YOU. ROBINS DONUTS DOES NOT REPRESENT OR WARRANT THAT YOUR GIFT CARD WILL ALWAYS BE ACCEPTED OR THE GIFT CARD PROGRAM WILL ALWAYS BE ACCESSIBLE. IN THE EVENT THAT ROBINS DONUTS OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFTCARD PRIOR TO THE MODULESTIME AT WHICH SUCH DAMAGES AROSE. THE REMEDIES ROBINS DONUTS AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR BREACH ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE, USE OR DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM AGREEMENT, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR RELATING TO ANY BREACH IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE WARRANTIESPOSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY ROBINS DONUTS OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A GIFT CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY PERFORMANCE ANALYSISTHIRD PARTY, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW ANY DELAY OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY MISTAKE RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT CIRCUMSTANCES BEYOND OUR CONTROL. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR RELATED CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THIS LIMITED WARRANTYYOU.

Limits of Liability. PNC shall not be responsible to perform (or responsible or liable for the failure to perform) any services or other obligations other than those expressly agreed to in this Agreement. PNC shall not be responsible or liable for any acts or omissions made pursuant to any direction, consent, or other request reasonably believed by the PNC to be genuine and to be from an employee or other authorized representative of the Employer (or a person reasonably believed by PNC to be such authorized representative). PNC is not responsible or liable for acts or omissions made in reliance upon erroneous data provided by the Employer, including its officers, employees, agents or subcontractors, or the failure of Employer to perform its duties or obligations under this Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIESNEITHER PNC NOR ITS AFFILIATES SHALL, GUARANTEES UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR CONDITIONSLIABLE FOR ANY CONSEQUENTIAL, EXPRESS INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR IMPLIED, ARISING FROM INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING DAMAGES RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY LOSS OF PROFITS, INCOME, GOODWILL OR GUARANTEE IMPLIED BY LAWDATA), INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY WHETHER OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM NOT PNC OR USAGE, ARISING FROM ITS AFFILIATES KNEW OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH WERE APPRISED OF THE WARRANTIESLIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL XXXXX WE NOR OUR AFFILIATES BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY YOU FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY CLAIM OR CONSEQUENTIAL DAMAGES CAUSE OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY ARISES OR ANY OTHER LEGAL THEORY (I) IN THE CASE OF A TRANSFER OF MONEY OR OTHER PAYMENT THAT IS MISDIRECTED, LOST OR OTHERWISE PAID TO THE WRONG PERSON AS A RESULT OF BREACH OUR FAILURE TO COMPLY WITH THE TERMS OF CONTRACTTHIS AGREEMENT OR APPLICABLE LAW, TORT LIABILITY FOR AN AMOUNT IN EXCESS OF THE FACE AMOUNT OF SAID TRANSFER AND (INCLUDING NEGLIGENCE)II) IN ALL OTHER CASES, STRICT LIABILITY, BY OPERATION FOR AN AMOUNT IN EXCESS OF LAW TWELVE (12) TIMES THE FEES YOU HAVE PAID US FOR THE PARTICULAR SERVICE TO WHICH THE CLAIM OR CAUSE OF ACTION RELATES DURING THE MONTH IMMEDIATELY PRIOR TO THE MONTH IN ANY OTHER MANNERWHICH THE ACT OR OMISSION GIVING RISE TO THE CLAIM OCCURRED. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX NO THIRD PARTY SHALL HAVE NO RESPONSIBILITY ANY RIGHTS OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO CLAIMS AGAINST US UNDER THIS LIMITED WARRANTYAGREEMENT.

Limits of Liability. NOTWITHSTANDING ANYTHING In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Premium Device Protection Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE PREMIUM DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE PREMIUM DEVICE PROTECTION PLAN CONTRACT). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE PREMIUM DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE PREMIUM DEVICE PROTECTION PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE PREMIUM DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITYand in such event We may cancel this Contract and the Premium Device Protection Plan Contract immediately. Prohibitions on Transfer and Abuse of the Premium Device Protection Plan Contract. This Premium Device Protection Plan is for Your use only. It is only transferable by ROGERS to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Premium Device Protection Plan by You, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESincluding but not limited to seeking replacement of a wireless device not belonging to You, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. NOTWITHSTANDING ANYTHING Applicable in Québec: Except in the case of damages resulting from Our own act or of Our agents or service providers with respect to the Device Protection Plan or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION PLAN CONTRACT). IN SUCH CIRCUMSTANCES WE OR OUR AGENTS OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION PLAN, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPTAS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITYand in such event We may cancel this Contract and the Device Protection Plan Contract immediately. Prohibitions on Transfer and Abuse of the Device Protection Plan Contract. This Device Protection Plan is for Your use only. It is only transferable by ROGERS to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Device Protection Plan by You, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESincluding but not limited to seeking replacement of a wireless device not belonging to You, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT ONLY AS MAY BE EXPRESSLY PROVIDED SET FORTH HEREIN, XXXXX MAKES NO WARRANTIESCONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR USAGE, NON-INFRINGEMENT. EXCEPT TO THE EXTENT ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES DISTRICT’S PAYMENT OBLIGATIONS FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. SERVICES, IN NO EVENT SHALL XXXXX CONSULTANT OR DISTRICT BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY ONE ANOTHER FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY RELIANCE, EXEMPLARY, OR CONSEQUENTIAL SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE FORM OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESACTION, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF IN CONTRACT, TORT LIABILITY (INCLUDING INDEMNITY, NEGLIGENCE), WARRANTY, STRICT LIABILITY, BY OPERATION OR TORT, EVEN IF ADVISED OF LAW OR IN THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY OTHER MANNERREMAINING REMEDY. EXCEPT AS SET OUT WITH RESPECT TO PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL THE LIABILITY OF DISTRICT OR CONSULTANT UNDER THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING OUT BY NEGLIGENCE, INTENTIONAL CONDUCT, OR OTHERWISE) EXCEED THE AVAILABLE LIMITS OF CONSULTANTS REQUIRED INSURANCE SPECIFIED IN SECTION 15 (SUCH LIMITS DEFINE DISTRICT MAXIMUM LIABILITY TO THE SAME EXTENT AS IF DISTRICT HAD BEEN OBLIGATED TO PURCHASE THE POLICIES). THE FOREGOING SHALL NOT CONSTITUTE A WAIVER OR RELATED RELEASE OF ANY CLAIM THAT IS NOT COVERED BY INSURANCE, OR MODIFY, LIMIT OR WAIVE PROTECTIONS, IMMUNITY AND/OR LIMITATIONS AFFORDED TO THIS LIMITED WARRANTYDISTRICT BY THE GOVERNMENTAL IMMUNITY ACT OF UTAH (TITLE 63G, CHAPTER 7 OF THE UTAH CODE), BUT IT DOES OTHERWISE PLACE A LIMIT OF $1,000,000 PER OCCURRENCE AND $2,000,000 IN THE AGGREGATE FOR ANY SUCH CLAIM.