Common use of DISCLAIMER AND RELEASE Clause in Contracts

DISCLAIMER AND RELEASE. EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES SET FORTH HEREIN, YOU HEREBY WAIVE, RELEASE AND DISCLAIM, ALL WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA AND XXXXX'S LICENSORS AND ALL OTHER REMEDIES, RIGHTS, CAUSES OF ACTION AND CLAIMS AGAINST SIMBA AND XXXXX'S LICENSORS WITH RESPECT TO THE PROGRAM, ALL RELATED DOCUMENTATION AND ANY SERVICES FURNISHED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION, LIABILITY, RIGHT, REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND ANY OBLIGATION, LIABILITY, REMEDY, RIGHT OR CLAIM FOR INFRINGEMENT. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN THIS AGREEMENT.

DISCLAIMER AND RELEASE. EXCEPT SELLER IS SELLING THE PROPERTY WITHOUT REPRESENTATION OR WARRANTY, SHALL HAVE NO OBLIGATION TO MAKE ANY REPAIRS, PAY FOR ANY ENVIRONMENTAL INSPECTIONS OR OTHER REPORTS, OR DO OR PERFORM ANY OTHER WORK ON THE EXPRESS WARRANTIES AND INDEMNITIES SET FORTH HEREIN, YOU HEREBY WAIVE, RELEASE AND DISCLAIM, ALL WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA AND XXXXX'S LICENSORS AND ALL OTHER REMEDIES, RIGHTS, CAUSES OF ACTION AND CLAIMS AGAINST SIMBA AND XXXXX'S LICENSORS WITH RESPECT TO THE PROGRAM, ALL RELATED DOCUMENTATION AND ANY SERVICES FURNISHED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION, LIABILITY, RIGHT, REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND ANY OBLIGATION, LIABILITY, REMEDY, RIGHT OR CLAIM FOR INFRINGEMENT. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMSPROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF SELLER EXPRESSLY DISCLAIMS SET FORTH IN SECTION 6.2 OF THIS AGREEMENT (THE “EXPRESS WARRANTIES”), PURCHASER IS RELYING SOLELY ON ITS OWN INSPECTION AND EXAMINATION IN PURCHASING THE PROPERTY; AND IS PURCHASING THE PROPERTY ON AN "AS-IS, WHERE-IS" BASIS WITH ALL FAULTS AND DEFECTS NOW KNOWN OR HEREAFTER DISCOVERED BY PURCHASER. EXCEPT FOR THE EXPRESS WARRANTIES, NONE OF SELLER, SELLER'S SHAREHOLDERS, OFFICERS, DIRECTORS, MANAGER(S), NOR ANY OF ITS AGENTS OR EMPLOYEES MAKE ANY REPRESENTATION OR WARRANTY TO PURCHASER, EXPRESS OR IMPLIED WARRANTY IMPLIED, AS TO (A) THE SUITABILITY OF THE PROPERTY FOR PURCHASER'S INTENDED USE, OR ANY PARTICULAR PURPOSE OR THE MERCHANTABILITY OR FITNESS THEREOF, (B) THE ENVIRONMENTAL CONDITION OF THE PROPERTY (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT THEREON, INCLUDING THE POSSIBILITIES FOR FUTURE DEVELOPMENT OF THE PROPERTY; (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS CURRENT OR INTENDED OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY (INCLUDING WITHOUT LIMITATION, THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT (42 U.S.C SECTION 9601 ET SEQ.) AND OTHER ENVIRONMENTAL LAWS, RULES OR REGULATIONS) AND ANY CLAIMS MADE OR OBLIGATIONS OR LIABILITIES IMPOSED PURSUANT THERETO, AND ANY ZONING ORDINANCES; (E) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY; (F) THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS AT, ON, UNDER, OR ADJACENT TO THE REAL ESTATE OR ANY OTHER ENVIRONMENTAL MATTER OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING THE PROPERTY; OR (G) ANY OTHER MATTER WITH RESPECT TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE OF THE PROPERTY; AND, EXCEPT FOR THE EXPRESS WARRANTIES, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY SELLER, AND PURCHASER HEREBY RELEASES SELLER, SELLER'S SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGER(S), AGENTS AND EMPLOYEES (COLLECTIVELY THE "SELLER PROTECTED PARTIES") FROM ANY AND ALL RESPONSIBILITY AND LIABILITY IN RESPECT THEREOF. WITHOUT LIMITATION OF THE PROVISIONS ABOVE, PURCHASER HEREBY RELEASES SELLER AND THE OTHER SELLER PROTECTED PARTIES FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, OR LIABILITIES ARISING OUT OF OR RELATING DIRECTLY OR INDIRECTLY TO ANY ENVIRONMENTAL HAZARD AT, IN, ON OR UNDER THE PROPERTY. ANY REPRESENTATIONS, WARRANTIES OR STATEMENTS MADE BY ANY MEMBER, EMPLOYEE, AGENT OR REPRESENTATIVE OF SELLER, INCLUDING WITHOUT LIMITATION THE BROKER DEFINED BELOW, MAY NOT BE BOUND RELIED UPON BY PURCHASER AND DO NOT CONSTITUTE A PART OF THIS AGREEMENT. FOR PURPOSES OF THIS PARAGRAPH, THE LIMITATIONS SET FORTH TERM "ENVIRONMENTAL HAZARD" SHALL MEAN ANY HAZARDOUS MATERIAL, OR THE STORAGE, HANDLING, PRODUCTION, DISPOSAL, TREATMENT OR RELEASE THEREOF; AND THE TERM "HAZARDOUS MATERIAL" SHALL MEAN (A) ANY HAZARDOUS WASTE, ANY EXTREMELY HAZARDOUS WASTE, OR ANY RESTRICTED HAZARDOUS WASTE, OR WORDS OF SIMILAR IMPORT, AS DEFINED IN THE RESOURCE CONSERVATION AND RECOVERY ACT (42 U.S. C. SECTION 6901 ET SEQ.); (B) ANY HAZARDOUS SUBSTANCES AS DEFINED IN THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S. C. SECTION 9601 ET SEQ.); (C) ANY TOXIC SUBSTANCES AS DEFINED IN THE TOXIC SUBSTANCES CONTROL ACT (15 U.S. C. SECTION 2601 ET SEQ.); (D) ANY POLLUTANT AS DEFINED IN THE CLEAN WATER ACT (33 U.S. C. SECTION 1251 ET SEQ.); (E) GASOLINE, PETROLEUM OR OTHER HYDROCARBON PRODUCTS OR BY-PRODUCTS; (F) ASBESTOS; OR (G) ANY OTHER MATERIALS, SUBSTANCES, OR WASTES SUBJECT TO ENVIRONMENTAL REGULATION UNDER ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW, REGULATION, OR ORDINANCE NOW OR HEREAFTER IN EFFECT. ANY REPRESENTATIONS, WARRANTIES OR STATEMENTS MADE BY ANY AGENT OR REPRESENTATIVE OF SELLER, INCLUDING WITHOUT LIMITATION THE BROKERS (AS DEFINED BELOW), MAY NOT BE RELIED UPON BY PURCHASER AND DO NOT CONSTITUTE A PART OF THIS AGREEMENT.

DISCLAIMER AND RELEASE. 11.3.1 EXCEPT FOR GROSS NEGLIGENCE OR FRAUD ON THE EXPRESS WARRANTIES AND INDEMNITIES SET FORTH HEREIN, YOU HEREBY WAIVE, RELEASE AND DISCLAIM, ALL PART OF CONTRACTOR: (A) THE WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA CONTRACTOR, (B) AND XXXXX'S LICENSORS RIGHTS AND ALL OTHER REMEDIESREMEDIES OF OWNER, RIGHTS, CAUSES OF ACTION AND CLAIMS AGAINST SIMBA AND XXXXX'S LICENSORS SET FORTH OR PERMITTED IN THIS EPC CONTRACT WITH RESPECT TO ANY NON-CONFORMANCE OR DEFECT IN ANY WORKS OR EQUIPMENT ARE EXCLUSIVE. 11.3.2 OWNER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS, AND LIABILITIES ON THE PROGRAMPART OF CONTRACTOR, TOGETHER WITH ALL RELATED DOCUMENTATION OTHER RIGHTS, AND ANY SERVICES FURNISHED UNDER THIS AGREEMENTREMEDIES OF OWNER AGAINST CONTRACTOR, INCLUDINGEXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TOTO ANY: (A) WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; (B) WARRANTY ARISING FROM COURSE OF PERFORMANCE, ANY COURSE OF DEALING OR USAGE OF TRADE; (C) OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULTWHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CONTRACTOR, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS (WHETHER ACTIVEACTUAL, PASSIVE OR IMPUTED; (D) AND ANY OBLIGATION, LIABILITY, REMEDYRIGHT, RIGHT CLAIM OR CLAIM REMEDY FOR INFRINGEMENT. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED LOSS OF OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION DAMAGE TO ANY PRODUCT OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY PART OF THE FOREGOINGWORKS; (E) LIABILITY OF OWNER TO ANY THIRD PARTY; AND (F) INCIDENTAL OR CONSEQUENTIAL DAMAGES. 11.3.3 CONTRACTOR'S WARRANTY UNDER THIS EPC CONTRACT DOES NOT APPLY TO ANY NON-CONFORMANCE OR DEFECT IN ANY PRODUCT, SIMBA EXPRESSLY DISCLAIMS EQUIPMENT OR PART OF THE PLANT, TO THE EXTENT SUCH NON-CONFORMANCE OR DEFECT HAS BEEN DIRECTLY OR INDIRECTLY CAUSED BY ANY EXPRESS OTHER NEGLIGENT ACT OR IMPLIED WARRANTY OR CONDITION OMISSION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN THIS AGREEMENTOWNER.

DISCLAIMER AND RELEASE. EXCEPT SUBJECT ONLY TO THE PROVISIONS OF A FINAL DELIVERY AND ACCEPTANCE RECEIPT FOR THE EXPRESS AIRCRAFT EXECUTED BY PURCHASER AND SELLER, THE AIRCRAFT AND THE OTHER ITEMS DELIVERED HEREUNDER ARE SOLD TO PURCHASER SUBJECT TO INSPECTION AND CORRECTION OF DISCREPANCIES PRIOR TO DELIVERY OF THE AIRCRAFT AND AS A RESULT ARE BEING SOLD “AS-IS” WITHOUT WARRANTIES AND INDEMNITIES OR REPRESENTATIONS OF ANY KIND EXCEPT THE WARRANTY OF TITLE SET FORTH HEREININ SECTION 10 ABOVE WHICH IS EXCLUSIVE AND IN SUBSTITUTION FOR, YOU AND PURCHASER HEREBY WAIVEWAIVES, RELEASE RELEASES AND DISCLAIMRENOUNCES, ALL OTHER WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA AND XXXXX'S LICENSORS SELLER AND ALL OTHER REMEDIES, RIGHTS, CAUSES CLAIMS AND REMEDIES OF ACTION AND CLAIMS PURCHASER AGAINST SIMBA AND XXXXX'S LICENSORS SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NON-CONFORMANCE OR DEFECT IN THE PROGRAM, ALL RELATED DOCUMENTATION AND ANY SERVICES FURNISHED AIRCRAFT OR OTHER THING DELIVERED UNDER THIS AGREEMENT. THE WARRANTIES CONDITIONS, INCLUDINGOBLIGATIONS AND LIABILITIES OF SELLER, AND THE RIGHTS, CLAIMS AND REMEDIES OF PURCHASER THAT ARE SUBSTITUTED, WAIVED, RELEASED AND RENOUNCED INCLUDE, BUT ARE NOT LIMITED TO: (A) ANY WARRANTY AS TO THE AIRWORTHINESS OR CONDITION OF THE AIRCRAFT OR ANY OTHER THING DELIVERED UNDER THIS AGREEMENT; (B) ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (C) ANY IMPLIED WARRANTY OR CONDITION ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY WHETHER OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS (WHETHER NOT ARISING FROM THE ACTIVE, PASSIVE OR IMPUTEDIMPUTED NEGLIGENCE OR STRICT PRODUCTS LIABILITY OF SELLER; AND (E) AND ANY OBLIGATION, LIABILITY, REMEDYRIGHT, RIGHT CLAIM OR CLAIM REMEDY FOR INFRINGEMENT. YOU ACKNOWLEDGE LOSS OF OR DAMAGE TO THE PROGRAM IS NOT DESIGNED AIRCRAFT OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY TO ANY PART OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN THIS AGREEMENTAIRCRAFT.

DISCLAIMER AND RELEASE. EXCEPT FOR ACKNOWLEDGING THE EXPRESS WARRANTIES PRIOR USE OF THE PROPERTY AND INDEMNITIES BUYER’S OPPORTUNITY TO INSPECT THE PROPERTY, BUYER AGREES TO TAKE THE PROPERTY “AS IS”, “WHERE IS”, WITH ALL FAULTS AND CONDITIONS THEREON. ANY INFORMATION, REPORTS, STATEMENTS, DOCUMENTS OR RECORDS (“DISCLOSURES”) PROVIDED OR MADE TO BUYER OR ITS CONSTITUENTS BY SELLER, THEIR AGENTS OR EMPLOYEES CONCERNING THE CONDITION (INCLUDING, BUT NOT LIMITED TO, THE ENVIRONMENTAL CONDITION) OF THE PROPERTY SHALL NOT BE REPRESENTATIONS OR WARRANTIES, UNLESS SPECIFICALLY SET FORTH HEREININ THIS AGREEMENT, YOU OR IN ANY DOCUMENTS DELIVERED AT CLOSING. EXCEPT AS MAY OTHERWISE BE SPECIFICALLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS DELIVERED AT CLOSING, BUYER SHALL NOT RELY ON SUCH DISCLOSURES, BUT RATHER, BUYER SHALL RELY ONLY ON ITS OWN INSPECTION OF THE PROPERTY. BUYER ACKNOWLEDGES THAT THE PURCHASE PRICE REFLECTS AND TAKES INTO ACCOUNT THAT THE PROPERTY IS BEING SOLD “AS IS”. BUYER ACKNOWLEDGES AND AGREES THAT EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS DELIVERED AT CLOSING, SELLER HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH BUYER MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, OR (F) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY DISCLAIM ANY REPRESENTATIONS REGARDING TERMITES OR WASTES, AS DEFINED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., OR ANY HAZARDOUS SUBSTANCE, AS DEFINED BY CERCLA, AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER. BUYER, ITS SUCCESSORS AND ASSIGNS, HEREBY WAIVE, RELEASE AND DISCLAIMAGREE NOT TO MAKE ANY CLAIM OR BRING ANY COST RECOVERY ACTION OR CLAIM FOR CONTRIBUTION OR OTHER ACTION OR CLAIM AGAINST SELLER OR ITS AFFILIATES, ALL WARRANTIESMEMBERS, CONDITIONSPARTNERS, INDEMNITIESDIRECTORS, OBLIGATIONS OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, OR ASSIGNS (COLLECTIVELY, “SELLER AND LIABILITIES ITS AFFILIATES”) BASED ON (A) ANY FEDERAL, STATE, OR LOCAL ENVIRONMENTAL OR HEALTH AND SAFETY LAW OR REGULATION, INCLUDING CERCLA OR ANY STATE EQUIVALENT, OR ANY SIMILAR LAW NOW EXISTING OR HEREAFTER ENACTED, (B) ANY DISCHARGE, DISPOSAL, RELEASE, OR ESCAPE OF SIMBA AND XXXXX'S LICENSORS AND ALL OTHER REMEDIESANY CHEMICAL, RIGHTSOR ANY MATERIAL WHATSOEVER, CAUSES ON, AT, TO, OR FROM THE PROPERTY; OR (C) ANY ENVIRONMENTAL CONDITIONS WHATSOEVER ON, UNDER, OR IN THE VICINITY OF ACTION AND CLAIMS AGAINST SIMBA AND XXXXX'S LICENSORS WITH RESPECT THE PROPERTY. BUYER REPRESENTS TO SELLER THAT BUYER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROGRAM, ALL RELATED DOCUMENTATION AND ANY SERVICES FURNISHED UNDER THIS AGREEMENTPROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS BUYER DEEMS NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY OBLIGATIONHAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, LIABILITYAND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR THEIR AGENTS OR EMPLOYEES WITH RESPECT THERETO, RIGHTEXCEPT AS PROVIDED HEREIN. UPON CLOSING, REMEDY OR CLAIM IN CONTRACTBUYER SHALL, EXCEPT AS PROVIDED HEREIN, ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND ANY OBLIGATION, LIABILITY, REMEDY, RIGHT OR CLAIM FOR INFRINGEMENT. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY BUYER’S INVESTIGATIONS, AND BUYER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF NUCLEAR FACILITIESACTION (INCLUDING CAUSES OF ACTION IN TORT), AIRCRAFT NAVIGATION LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OF ANY AND EVERY KIND OR COMMUNICATION SYSTEMSCHARACTER, AIR TRAFFIC CONTROLKNOWN OR UNKNOWN, LIFE SUPPORT WHICH BUYER MIGHT HAVE ASSERTED OR WEAPONS SYSTEMS. WITHOUT LIMITING ALLEGED AGAINST ANY SELLER (AND SUCH SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN THIS AGREEMENT.PROPERTY

DISCLAIMER AND RELEASE. EXCEPT FOR THE EXPRESS CONDITIONS, REPRESENTATIONS, OBLIGATIONS, LIABILITIES AND WARRANTIES (IF ANY) OF JEPPESEN AND INDEMNITIES REMEDIES OF SVK MOD SET FORTH HEREININ THIS AGREEMENT AND IN THE SERVICES SUPPLEMENTS ARE EXCLUSIVE AND IN SUBSTITUTION FOR, YOU AND SVK MOD HEREBY WAIVEWAIVES, RELEASE RELEASES AND DISCLAIMRENOUNCES, ALL OTHER WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA JEPPESEN, AND XXXXX'S LICENSORS AND ALL ANY OTHER REMEDIES, RIGHTS, CAUSES CLAIMS AND REMEDIES OF ACTION AND CLAIMS SVK MOD AGAINST SIMBA AND XXXXX'S LICENSORS JEPPESEN, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY SVK MOD-SUPPLIED INFORMATION, THE PROGRAMSERVICES PROVIDED HEREUNDER, ALL RELATED DOCUMENTATION AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH GOVERNMENT STANDARDS OR REGULATIONS OF SUCH SERVICES FURNISHED OR OTHER THINGS PROVIDED UNDER THIS AGREEMENT, INCLUDING, INCLUDING BUT NOT LIMITED TO: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY OR CLAIM ARISING IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SIMBA AND SIMBA'S LICENSORS JEPPESEN; AND (WHETHER ACTIVE, PASSIVE OR IMPUTEDiv) AND ANY OBLIGATION, LIABILITY, REMEDYRIGHT, RIGHT CLAIM OR CLAIM REMEDY FOR INFRINGEMENT. YOU ACKNOWLEDGE THE PROGRAM LOSS OF OR DAMAGE TO ANY PROPERTY OF SVK MOD, INCLUDING WITHOUT LIMITATION ANY AIRCRAFT. (i) FOR LOSS OF USE, REVENUE OR PROFIT; AND (ii) FOR DAMAGES RESULTING FROM BUSINESS INTERRUPTION; AND (iii) FOR COSTS OF REPRODUCTION OR RECOVERY OF DATA OR INFORMATION WHICH IS NOT DESIGNED LOST IN WHOLE OR LICENSED IN PART; AND a) FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLSANY OTHER INCIDENTAL, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN THIS AGREEMENT.CONSEQUENTIAL,

DISCLAIMER AND RELEASE. EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES AS EXPRESSLY SET FORTH HEREININ THIS SECTION 16, YOU HEREBY WAIVEBUYER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, RELEASE DOES NOT MAKE AND DISCLAIMSPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, ALL WARRANTIES, CONDITIONSPROMISES, INDEMNITIESCOVENANTS, OBLIGATIONS AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE INTERESTS AND THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE INTERESTS OR THE PROPERTY, ANY LIABILITIES OR ASSETS OF SIMBA AND XXXXX'S LICENSORS THE COMPANIES, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES OR USES WHICH BUYER MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OF MATERIAL, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE EXISTENCE IN OR ON THE PROPERTY OF HAZARDOUS MATERIALS OR (I) ANY OTHER REMEDIES, RIGHTS, CAUSES OF ACTION AND CLAIMS AGAINST SIMBA AND XXXXX'S LICENSORS MATTER WITH RESPECT TO THE PROGRAMINTERESTS, ALL RELATED DOCUMENTATION THE PROPERTY, THE LEASES OR THE COMPANIES. ADDITIONALLY, NO PERSON ACTING ON BEHALF OF SELLER IS AUTHORIZED TO MAKE, AND BY EXECUTION HEREOF PURCHASER ACKNOWLEDGES THAT NO PERSON HAS MADE, ANY SERVICES FURNISHED UNDER REPRESENTATION, AGREEMENT, STATEMENT, WARRANTY, GUARANTY OR PROMISE REGARDING THE INTERESTS, THE PROPERTY, THE COMPANIES, THE LEASES OR THE TRANSACTION CONTEMPLATED HEREIN; AND NO SUCH REPRESENTATION, AGREEMENT, STATEMENT, WARRANTY, GUARANTY OR PROMISE, IF ANY, MADE BY ANY PERSON ACTING ON BEHALF OF SELLER SHALL BE VALID AND BINDING UPON SELLER UNLESS EXPRESSLY SET FORTH HEREIN. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY AND TO PERFORM DUE DILIGENCE WITH RESPECT TO THE INTERESTS AND THE COMPANIES, BUYER IS RELYING SOLELY ON ITS OWN INVESTIGATION AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND BUYER AGREES TO ACCEPT THE PROPERTY AND THE COMPANIES AT THE CLOSING AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WAIVE ALL OBJECTIONS OR CLAIMS AGAINST SELLER (INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION, LIABILITY, RIGHT, REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND ANY OBLIGATION, LIABILITY, REMEDY, RIGHT OR CLAIM FOR INFRINGEMENTOF CONTRIBUTION) ARISING FROM OR RELATED TO THE PROPERTY OR THE COMPANIES. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED BUYER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY PROVIDED WITH RESPECT TO THE LIMITATIONS PROPERTY OR THE COMPANIES WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATION AS TO THE ACCURACY, TRUTHFULNESS OR COMPLETENESS OF SUCH INFORMATION EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 16, SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENT, REPRESENTATION OR INFORMATION PERTAINING TO THE PROPERTY OR THE OPERATION THEREOF OR THE COMPANIES, FURNISHED BY ANY REAL ESTATE BROKER, CONTRACTOR, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE INTERESTS AS PROVIDED FOR HEREIN IS MADE ON AN “AS IS” CONDITION AND BASIS WITH ALL FAULTS. IT IS UNDERSTOOD AND AGREED THAT THE PURCHASE PRICE HAS BEEN ADJUSTED BY PRIOR NEGOTIATION TO REFLECT THAT THE INTERESTS ARE BEING SOLD BY SELLER AND PURCHASED BY BUYER SUBJECT TO THE FOREGOING. THE PROVISIONS OF THIS SECTION 16 SHALL SURVIVE THE CLOSING OR ANY TERMINATION HEREOF. WITHOUT LIMITING THE PROVISIONS OF THE PRIOR PARAGRAPH AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, BUYER, FOR ITSELF AND ITS AGENTS, AFFILIATES, EMPLOYEES AND CONTRACTORS, HEREBY RELEASES, ACQUITS AND FOREVER DISCHARGES SELLER AND (AS THE CASE MAY BE) SELLER’S OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, TRUSTEES, PARTNERS, EMPLOYEES, MANAGERS, AGENTS AND AFFILIATES FROM ANY AND ALL RIGHTS, CLAIMS, DEMANDS, CAUSES OF ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND DISBURSEMENTS WHETHER THE SUIT IS INSTITUTED OR NOT) WHETHER KNOWN OR UNKNOWN, LIQUIDATED OR CONTINGENT (HEREINAFTER COLLECTIVELY CALLED THE “CLAIMS”), WHICH BUYER HAS OR MAY HAVE IN THE FUTURE, ARISING FROM OR RELATING TO (i) ANY DEFECTS (PATENT OR LATENT), ERRORS OR OMISSIONS IN THE DESIGN OR CONSTRUCTION OF THE PROPERTY WHETHER THE SAME ARE THE RESULT OF NEGLIGENCE OR OTHERWISE, OR (ii) ANY OTHER CONDITIONS, INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL AND OTHER PHYSICAL CONDITIONS, AFFECTING THE PROPERTY WHETHER THE SAME ARE A RESULT OF NEGLIGENCE OR OTHERWISE, INCLUDING SPECIFICALLY, BUT WITHOUT LIMITATION, ANY CLAIM FOR INDEMNIFICATION OR CONTRIBUTION ARISING UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S.C. SECTION 9601, ET SEQ.) OR ANY OTHER FEDERAL, STATE OR LOCAL STATUTE, RULE OR ORDINANCE RELATING TO LIABILITY OF PROPERTY OWNERS FOR ENVIRONMENTAL MATTERS, WHETHER ARISING BASED ON EVENTS THAT OCCURRED BEFORE, DURING, OR AFTER SELLER’S PERIOD OF OWNERSHIP OF THE PROPERTY AND WHETHER BASED ON THEORIES OF INDEMNIFICATION, CONTRIBUTION OR OTHERWISE. THE RELEASE SET FORTH IN THIS SECTION SPECIFICALLY INCLUDES, WITHOUT LIMITATION, ANY CLAIMS UNDER ANY THE RELEASE SET FORTH IN THE PRIOR PARAGRAPH DOES NOT APPLY TO THE REPRESENTATIONS OF SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY INDEMNITY OR WARRANTY EXPRESSLY MADE BY SELLER IN ANY DOCUMENT DELIVERED BY SELLER AT CLOSING. By: /s/ Xxxxx X. Xxxxxxx, Xx. Name: Xxxxx X. Xxxxxxx, Xx. Title: Executive Vice President

DISCLAIMER AND RELEASE. EXCEPT FOR ACKNOWLEDGING THE EXPRESS WARRANTIES PRIOR USE OF THE PROPERTY AND INDEMNITIES PURCHASER’S OPPORTUNITY TO INSPECT THE PROPERTY, PURCHASER AGREES TO TAKE THE PROPERTY “AS IS”, “WHERE IS”, WITH ALL FAULTS AND CONDITIONS THEREON. ANY INFORMATION, REPORTS, STATEMENTS, DOCUMENTS OR RECORDS (“DISCLOSURES“) PROVIDED OR MADE TO PURCHASER OR ITS CONSTITUENTS BY SELLER, ITS AGENTS OR EMPLOYEES CONCERNING THE CONDITION (INCLUDING, BUT NOT LIMITED TO, THE ENVIRONMENTAL CONDITION) OF THE PROPERTY SHALL NOT BE REPRESENTATIONS OR WARRANTIES, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR IN THE DEED OR OTHER DOCUMENTS DELIVERED AT CLOSING. EXCEPT AS MAY OTHERWISE BE SPECIFICALLY SET FORTH IN THIS AGREEMENT, PURCHASER SHALL NOT RELY ON SUCH DISCLOSURES, BUT RATHER, PURCHASER SHALL RELY ONLY ON ITS OWN INSPECTION OF THE PROPERTY. PURCHASER ACKNOWLEDGES THAT THE PURCHASE PRICE REFLECTS AND TAKES INTO ACCOUNT THAT THE PROPERTY IS BEING SOLD “AS IS”. PURCHASER ACKNOWLEDGES AND AGREES THAT EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR IN THE DEED OR OTHER DOCUMENTS DELIVERED AT CLOSING, SELLER HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, OR (F) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING TERMITES OR WASTES, AS DEFINED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., OR ANY HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980 (“CERCLA“), AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN. PURCHASER, YOU ITS SUCCESSORS AND ASSIGNS, HEREBY WAIVE, RELEASE AND DISCLAIMAGREE NOT TO MAKE ANY CLAIM OR BRING ANY COST RECOVERY ACTION OR CLAIM FOR CONTRIBUTION OR OTHER ACTION OR CLAIM AGAINST SELLER OR ITS AFFILIATES, ALL WARRANTIESMEMBERS, CONDITIONSPARTNERS, INDEMNITIESDIRECTORS, OBLIGATIONS OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, OR ASSIGNS (COLLECTIVELY, “SELLER AND LIABILITIES ITS AFFILIATES”) BASED ON (A) ANY FEDERAL, STATE, OR LOCAL ENVIRONMENTAL OR HEALTH AND SAFETY LAW OR REGULATION, INCLUDING CERCLA OR ANY STATE EQUIVALENT, OR ANY SIMILAR LAW NOW EXISTING OR HEREAFTER ENACTED, (B) ANY DISCHARGE, DISPOSAL, RELEASE, OR ESCAPE OF SIMBA ANY CHEMICAL, OR ANY MATERIAL WHATSOEVER, ON, AT, TO, OR FROM THE PROPERTY; OR (C) ANY ENVIRONMENTAL CONDITIONS WHATSOEVER ON, UNDER, OR IN THE VICINITY OF THE PROPERTY. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 13.1 SHALL BE DEEMED TO BE A WAIVER, RELEASE OR AGREEMENT NOT TO MAKE A CLAIM OR BRING AN ACTION FOR ANY VIOLATION BY SELLER OF ITS EXPRESS REPRESENTATIONS AND XXXXX'S LICENSORS AND ALL OTHER REMEDIES, RIGHTS, CAUSES OF ACTION AND CLAIMS AGAINST SIMBA AND XXXXX'S LICENSORS WITH RESPECT TO THE PROGRAM, ALL RELATED DOCUMENTATION AND ANY SERVICES FURNISHED UNDER WARRANTIES MADE IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS PURCHASER DEEMS NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY OBLIGATIONHAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, LIABILITYAND WILL RELY SOLELY UPON SAME (IN ADDITION TO THE REPRESENTATIONS AND WARRANTIES MADE BY SELLER HEREIN) AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN THIS AGREEMENT. UPON CLOSING, RIGHTEXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, REMEDY OR CLAIM IN CONTRACTPURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND ANY OBLIGATION, LIABILITY, REMEDY, RIGHT OR CLAIM FOR INFRINGEMENT. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF NUCLEAR FACILITIESACTION (INCLUDING CAUSES OF ACTION IN TORT), AIRCRAFT NAVIGATION LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OF ANY AND EVERY KIND OR COMMUNICATION SYSTEMSCHARACTER, AIR TRAFFIC CONTROLKNOWN OR UNKNOWN, LIFE SUPPORT WHICH PURCHASER MIGHT HAVE ASSERTED OR WEAPONS SYSTEMS. WITHOUT LIMITING ALLEGED AGAINST SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN THIS AGREEMENTPROPERTY.

DISCLAIMER AND RELEASE. EXCEPT FOR EXCLUSION OF LIABILITIES ------------------------------------------------ 1. THE EXPRESS WARRANTIES WARRANTY AND INDEMNITIES SET FORTH HEREINSERVICE LIFE POLICY PROVIDED IN THIS EXHIBIT C, YOU HEREBY WAIVE, RELEASE PART I AND DISCLAIM, ALL WARRANTIES, CONDITIONS, INDEMNITIES, THE OBLIGATIONS AND LIABILITIES OF SIMBA SELLER UNDER SAID WARRANTY AND XXXXX'S LICENSORS SERVICE LIFE POLICY ARE EXCLUSIVE AND IN LIEU OF, AND BUYER HEREBY WAIVES ALL OTHER REMEDIES, RIGHTSWARRANTIES, CAUSES OF ACTION AND CLAIMS AGAINST SIMBA AND XXXXX'S LICENSORS GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAMEACH AIRCRAFT, ALL RELATED DOCUMENTATION AND ANY SERVICES FURNISHED ARTICLE, PRODUCT, ACCESSORY, EQUIPMENT, SPARE PART, SERVICE, MANUAL, DOCUMENT, DATA,OR OTHER THING DELIVERED UNDER THIS AGREEMENTAGREEMENT AND RELATED DOCUMENTS, ARISING BY LAW OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY OBLIGATION OR LIABILITY ARISING FROM NEGLIGENCE OR TORT OR WITH RESPECT TO FITNESS, MERCHANTABILITY, LOSS OF OR DAMAGE TO THE AIRCRAFT. 2. SELLER WILL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SELLER, OR OTHERWISE , FOR THE LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO EACH AIRCRAFT, ARTICLE, PRODUCT, ACCESSORY, EQUIPMENT, SPARE PART, SERVICE, MANUAL, DOCUMENT, DATA OR OTHER THING DELIVERED UNDER THIS AGREEMENT AND RELATED DOCUMENTS. WARRANTY AND SERVICE LIFE POLICY I-8 3. BUYER AND SELLER STATE AND AGREE THAT THIS PART I OF EXHIBIT C, INCLUDING BUT NOT LIMITED TOTO PARAGRAPH 1. ABOVE, ANY OBLIGATION, LIABILITY, RIGHT, REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY HAS BEEN THE SUBJECT OF SIMBA DISCUSSION AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTED) NEGOTIATION AND ANY OBLIGATION, LIABILITY, REMEDY, RIGHT OR CLAIM FOR INFRINGEMENT. YOU ACKNOWLEDGE IS FULLY UNDERSTOOD BY THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING PARTIES AND THAT THE GENERALITY PRICE OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION AIRCRAFT AND THE OTHER MUTUAL AGREEMENTS OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS PARTIES SET FORTH IN THIS AGREEMENT.AGREEMENT WERE ARRIVED AT IN CONSIDERATION OF THE PROVISIONS CONTAINED IN THIS PARAGRAPH, PARAGRAPH 1. ABOVE AND THE OTHER PROVISIONS OF THIS PART I OF EXHIBIT C. 4. For the purpose of this paragraph F, "Seller" is defined as the Boeing Company, its divisions, subsidiaries, affiliates, the assigns of each, and their respective directors, officers, employees and agents. WARRANTY AND SERVICE LIFE POLICY I-9

DISCLAIMER AND RELEASE. EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES SET FORTH HEREIN, YOU HEREBY WAIVE, RELEASE AND DISCLAIM, ALL WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA BOEING AND XXXXX'S LICENSORS THE REMEDIES OF CUSTOMER SET FORTH IN THIS HMSGTA ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF BOEING AND ALL OTHER REMEDIES, RIGHTS, CAUSES CLAIMS AND REMEDIES OF ACTION AND CLAIMS CUSTOMER AGAINST SIMBA AND XXXXX'S LICENSORS BOEING, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAMANY NONCONFORMANCE OR DEFECT IN ANY SPARE PARTS, ALL RELATED DOCUMENTATION AIRCRAFT SOFTWARE, STANDARDS, REPAIR/OVERHAUL/ EXCHANGE PARTS, LEASED PARTS, LEASED TOOLS, MATERIALS AND ANY INFORMATION, SERVICES FURNISHED UNDER THIS AGREEMENT, (INCLUDING, BUT NOT LIMITED TO, TECHNICAL ASSISTANCE AND TECHNICAL CONSULTING) OR ANY OTHER THINGS PROVIDED UNDER ANY SLA OR ANY ORDER, OR IN ANY BOEING SPARE PARTS, AIRCRAFT SOFTWARE, STANDARDS AVAILABLE THROUGH THE SPARES CATALOG, REPAIR/OVERHAUL/EXCHANGE PARTS, OR MATERIALS AND INFORMATION PROVIDED TO CUSTOMER BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO: Confidential portions of this exhibit have been omitted pursuant to a request for confidential treatment filed separately with the Securities and Exchange Commission. Omissions are designated by the symbol [*****]. 11.1.1 ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS; 11.1.2 ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; 11.1.3 ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY WHETHER OR PRODUCT LIABILITY NOT ARISING FROM THE NEGLIGENCE OF SIMBA AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND BOEING; AND 11.1.4 ANY OBLIGATION, LIABILITY, REMEDYRIGHT, RIGHT CLAIM OR CLAIM REMEDY FOR INFRINGEMENT. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED LOSS OF OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, DAMAGE TO ANY AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN THIS AGREEMENTSPARE PART.

DISCLAIMER AND RELEASE. EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES AS SPECIFICALLY SET FORTH HEREININ THIS AGREEMENT, YOU HEREBY WAIVE, RELEASE AND DISCLAIM, ALL VERTICAL IQ MAKES NO REPRESENTATIONS OR WARRANTIES, CONDITIONSEXPRESS OR IMPLIED, INDEMNITIESREGARDING USE OF OR RELIANCE ON THE REPORTS AND THE REPORTS ARE PROVIDED “AS IS”. THE WARRANTIES OF VERTICAL IQ AND THE REMEDIES OF CUSTOMER SET FORTH IN THIS SECTION 8 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND CUSTOMER HEREBY WAIVES, RELEASES AND DISCLAIMS ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF SIMBA AND XXXXX'S LICENSORS VERTICAL IQ AND ALL OTHER REMEDIES, RIGHTS, CAUSES OF ACTION RIGHTS AND CLAIMS AGAINST SIMBA AND XXXXX'S LICENSORS OF CUSTOMER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY DEFECT, DEFICIENCY, DATA ACCURACY, OR NONCONFORMITY IN THE PROGRAMREPORTS, ALL RELATED VERTICAL IQ TECHNOLOGY, DOCUMENTATION AND ANY SERVICES OR ANYTHING ELSE FURNISHED UNDER THIS AGREEMENT, INCLUDING, INCLUDING BUT NOT LIMITED TOTO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (C) ANY OBLIGATION, LIABILITY, RIGHT, REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS VERTICAL IQ (WHETHER ACTIVE, PASSIVE OR IMPUTED); AND (D) AND ANY OBLIGATION, LIABILITY, REMEDY, RIGHT OR CLAIM FOR INFRINGEMENTOF INFRINGEMENT (EXCEPT AS SET FORTH SPECIFICALLY IN SECTION 8.1). YOU ACKNOWLEDGE THE PROGRAM IS VERTICAL IQ DOES NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, WARRANT THAT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY USE OF THE FOREGOINGREPORTS OR SERVICES WILL BE UNINTERRUPTED, SIMBA EXPRESSLY DISCLAIMS ERROR-FREE, OR ENTIRELY SECURE. CUSTOMER WILL BEAR ALL RISK ASSOCIATED WITH ANY EXPRESS USE OF THE INTERNET OR IMPLIED WARRANTY OTHER MEANS OF COMMUNICATION OR CONDITION DATA TRANSMISSION BY OR ON BEHALF OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN CUSTOMER UNDER THIS AGREEMENT, INCLUDING WITH RESPECT TO ANY VIRUS OR HARMFUL CODE RESULTING THEREFROM, AND VERTICAL IQ DISCLAIMS ALL LIABILITY AND RESPONSIBILITY IN CONNECTION WITH SUCH USE.

DISCLAIMER AND RELEASE. EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES SET FORTH HEREIN, YOU HEREBY WAIVE, RELEASE AND DISCLAIM, ALL WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA BOEING AND XXXXX'S LICENSORS THE REMEDIES OF CUSTOMER SET FORTH IN THIS CSGTA ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF BOEING AND ALL OTHER REMEDIES, RIGHTS, CAUSES CLAIMS AND REMEDIES OF ACTION AND CLAIMS CUSTOMER AGAINST SIMBA AND XXXXX'S LICENSORS BOEING, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAMANY NONCONFORMANCE OR DEFECT IN ANY SPARE PARTS, ALL RELATED DOCUMENTATION AIRCRAFT SOFTWARE, STANDARDS, REPAIR/OVERHAUL/ EXCHANGE PARTS, LEASED PARTS, LEASED TOOLS, MATERIALS AND ANY INFORMATION, SERVICES FURNISHED UNDER THIS AGREEMENT, (INCLUDING, BUT NOT LIMITED TO, FLIGHT SERVICES, TECHNICAL ASSISTANCE, TECHNICAL CONSULTING, REPAIRS, MODIFICATIONS AND TRAINING), RETROFIT KIT CHANGES OR ANY OTHER THINGS PROVIDED UNDER ANY ORDER, OR IN ANY BOEING SPARE PARTS, AIRCRAFT SOFTWARE, STANDARDS AVAILABLE THROUGH THE SPARES CATALOG, REPAIR/OVERHAUL/ EXCHANGE PARTS, OR MATERIALS AND INFORMATION PROVIDED TO CUSTOMER BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO: CSGTA-XLR CSGTA Page 11 12.1.1 ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS; 12.1.2 ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; 12.1.3 ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY WHETHER OR PRODUCT LIABILITY NOT ARISING FROM THE NEGLIGENCE OF SIMBA AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND BOEING; AND 12.1.4 ANY OBLIGATION, LIABILITY, REMEDYRIGHT, RIGHT CLAIM OR CLAIM REMEDY FOR INFRINGEMENT. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED LOSS OF OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, DAMAGE TO ANY AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN THIS AGREEMENTSPARE PART.

DISCLAIMER AND RELEASE. BUYER ACKNOWLEDGES THAT EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES AS SET FORTH HEREININ THIS AGREEMENT OR IN THE SELLER’S CLOSING DOCUMENTS, YOU HEREBY WAIVE(A) NEITHER SELLER, RELEASE AND DISCLAIMNOR ANY TRUSTEE, ALL WARRANTIESOWNER, CONDITIONSPRINCIPAL, INDEMNITIESAGENT, OBLIGATIONS AND LIABILITIES ATTORNEY, EMPLOYEE, BROKER, OR OTHER REPRESENTATIVE OF SIMBA AND XXXXX'S LICENSORS AND ALL OTHER REMEDIESSELLER, RIGHTSHAS MADE ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, CAUSES OF ACTION AND CLAIMS AGAINST SIMBA AND XXXXX'S LICENSORS EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAMSUBJECT PROPERTY OR ANY MATTER RELATED THERETO, AND (B) BUYER IS NOT RELYING ON ANY WARRANTY, REPRESENTATION, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION OF THE SUBJECT PROPERTY, AND THAT BUYER IS ACQUIRING THE SUBJECT PROPERTY IN ITS “AS-IS” CONDITION WITH ALL RELATED DOCUMENTATION FAULTS, AND (C) AS OF THE CLOSING DATE, BUYER RELEASES SELLER, ITS PAST, PRESENT AND FUTURE TRUSTEES, EMPLOYEES, PARTNERS, OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, ADMINISTRATORS, REPRESENTATIVES AND PREDECESSORS (COLLECTIVELY, THE “RELEASEES”), FROM ALL ACTIONS, CAUSES OF ACTIONS, SUITS, DEBTS, LIENS, CONTRACTS, AGENTS, OBLIGATIONS, PROMISES, RIGHTS, DEMANDS, CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, LOSSES, COSTS AND EXPENSES INCLUDING ATTORNEYS’ FEES, OF ANY SERVICES FURNISHED UNDER NATURE WHATSOEVER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FIXED OR CONTINGENT, WHICH BUYER NOW HAS, OWNS, HOLDS OR CLAIMS TO HAVE, OWN OR HOLD, OR AT ANY TIME HERETOFORE HAD, OWNED, HELD, OR CLAIMED TO HAVE, OWN OR HOLD, AGAINST SELLER AND THE RELEASEES, RELATING TO THE CONDITION OF THE SUBJECT PROPERTY; PROVIDED, HOWEVER, BUYER DOES NOT WAIVE ITS RIGHTS TO RECOVER FROM, AND DOES NOT RELEASE OR DISCHARGE OR COVENANT NOT TO SUE, SELLER FOR (i) ANY FRAUD, (ii) ANY BREACH OF SELLER’S EXPRESS REPRESENTATIONS OR WARRANTIES SET FORTH IN THIS AGREEMENT, SUBJECT TO THE LIMITATIONS AND CONDITIONS PROVIDED IN THIS AGREEMENT, OR (iii) ANY BREACH OF SELLER’S OBLIGATIONS SET FORTH IN THIS AGREEMENT THAT SURVIVE THE CLOSING. IN PARTICULAR, BUT WITHOUT LIMITATION, EXCEPT AS SET FORTH IN THIS AGREEMENT OR THE SELLER’S CLOSING DOCUMENTS OR THE JOINT CLOSING DOCUMENTS, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PHYSICAL CONDITION OF THE SUBJECT PROPERTY, ANY PATENT OR LATENT DEFECTS AFFECTING THE SUBJECT PROPERTY OR ANY OTHER ASPECT OF THE SUBJECT PROPERTY, INCLUDING ANY ENTITLEMENTS FOR THE SUBJECT PROPERTY, ANY GOVERNMENTAL LAWS AND REGULATIONS, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATIONENVIRONMENTAL LAWS, LIABILITYZONING AND LAND USE LAWS AND REGULATIONS, RIGHTCOVENANTS, REMEDY CONDITIONS OR CLAIM IN CONTRACTRESTRICTIONS, INCLUDING FUNDAMENTAL BREACHWHETHER OR NOT OF RECORD, TORTTO WHICH THE SUBJECT PROPERTY MAY BE SUBJECT, NOTWITHSTANDING ANY FAULTTHE DEVELOPMENT, NEGLIGENCEUSE, STRICT LIABILITY CONSTRUCTION, MANAGEMENT OR PRODUCT LIABILITY OCCUPATION OF SIMBA AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND ANY OBLIGATION, LIABILITY, REMEDY, RIGHT OR CLAIM FOR INFRINGEMENT. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLSSUBJECT PROPERTY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, OPERATION THE IMPROVEMENTS CONSTRUCTED THEREON, THE PRESENCE OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION ANY HAZARDOUS MATERIALS UNDER OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING IN THE GENERALITY VICINITY OF THE FOREGOINGSUBJECT PROPERTY AND ANY HAZARDOUS MATERIAL EFFECTS, SIMBA EXPRESSLY DISCLAIMS OR ANY EXPRESS OTHER MATTER RELATING TO THE SUBJECT PROPERTY. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS CONDUCTED OR IMPLIED WARRANTY OR WILL CONDUCT ITS OWN INVESTIGATIONS AND STUDIES OF THE SUBJECT PROPERTY AND ALL ASPECTS THEREOF, INCLUDING WITHOUT LIMITATION THE SUBJECT PROPERTY’S CHARACTERISTICS, ITS PHYSICAL CONDITION (INCLUDING ANY DEFECTS THEREIN), ALL LEGAL REQUIREMENTS APPLICABLE THERETO, THE OPERATION AND USE THEREOF, THE ENVIRONMENTAL CONDITION OF FITNESS FOR SUCH PURPOSESTHE SUBJECT PROPERTY AND ALL MATTERS DESCRIBED IN THE PRECEDING SENTENCE. YOU ACKNOWLEDGE BUYER ACKNOWLEDGES AND AGREES THAT XXXXX (A) BUYER IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY AN EXPERIENCED AND SOPHISTICATED OWNER OF REAL PROPERTY; (B) BUYER HAS EXPRESSLY NEGOTIATED THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION; AND (C) THE LIMITATIONS CONTAINED IN THIS SECTION ARE REASONABLE. BUYER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (“SECTION 1542”), WHICH IS SET FORTH BELOW: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THIS AGREEMENTHIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BUYER’S INITIALS The provisions of this subsection shall survive the closing or any termination hereof.

DISCLAIMER AND RELEASE. EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES AS SPECIFICALLY SET FORTH HEREININ THIS AGREEMENT, YOU HEREBY WAIVE, RELEASE AND DISCLAIM, ALL VERTICAL IQ MAKES NO REPRESENTATIONS OR WARRANTIES, CONDITIONSEXPRESS OR IMPLIED, INDEMNITIESREGARDING USE OF OR RELIANCE ON THE REPORTS AND THE REPORTS ARE PROVIDED “AS IS”. THE WARRANTIES OF VERTICAL IQ AND THE REMEDIES OF CUSTOMER SET FORTH IN THIS SECTION 9 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND CUSTOMER HEREBY WAIVES, RELEASES AND DISCLAIMS ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF SIMBA AND XXXXX'S LICENSORS VERTICAL IQ AND ALL OTHER REMEDIES, RIGHTS, CAUSES OF ACTION RIGHTS AND CLAIMS AGAINST SIMBA AND XXXXX'S LICENSORS OF CUSTOMER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY DEFECT, DEFICIENCY, DATA ACCURACY, OR NONCONFORMITY IN THE PROGRAMREPORTS, ALL RELATED VERTICAL IQ TECHNOLOGY, DOCUMENTATION AND ANY SERVICES OR ANYTHING ELSE FURNISHED UNDER THIS AGREEMENT, INCLUDING, INCLUDING BUT NOT LIMITED TOTO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (C) ANY OBLIGATION, LIABILITY, RIGHT, REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS VERTICAL IQ (WHETHER ACTIVE, PASSIVE OR IMPUTED); AND (D) AND ANY OBLIGATION, LIABILITY, REMEDY, RIGHT OR CLAIM FOR INFRINGEMENTOF INFRINGEMENT (EXCEPT AS SET FORTH SPECIFICALLY IN SECTION 9.1). YOU ACKNOWLEDGE THE PROGRAM IS VERTICAL IQ DOES NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, WARRANT THAT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY USE OF THE FOREGOINGREPORTS OR SERVICES WILL BE UNINTERRUPTED, SIMBA EXPRESSLY DISCLAIMS ERROR-FREE, OR ENTIRELY SECURE. CUSTOMER WILL BEAR ALL RISK ASSOCIATED WITH ANY EXPRESS USE OF THE INTERNET OR IMPLIED WARRANTY OTHER MEANS OF COMMUNICATION OR CONDITION DATA TRANSMISSION BY OR ON BEHALF OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN CUSTOMER UNDER THIS AGREEMENT, INCLUDING WITH RESPECT TO ANY VIRUS OR HARMFUL CODE RESULTING THEREFROM, AND VERTICAL IQ DISCLAIMS ALL LIABILITY AND RESPONSIBILITY IN CONNECTION WITH SUCH USE.

DISCLAIMER AND RELEASE. EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES SET FORTH HEREIN, YOU HEREBY WAIVE, RELEASE AND DISCLAIM, ALL WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA SELLER AND XXXXX'S LICENSORS THE REMEDIES OF BUYER SET FORTH IN THE PRODUCT ASSURANCE DOCUMENT ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND BUYER HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF SELLER AND ALL OTHER REMEDIES, RIGHTS, CAUSES CLAIMS AND REMEDIES OF ACTION AND CLAIMS BUYER AGAINST SIMBA AND XXXXX'S LICENSORS SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, ALL RELATED DOCUMENTATION AND ANY SERVICES FURNISHED NONCONFORMANCE OR DEFECT IN ANY AIRCRAFT OR OTHER THING PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY WHETHER OR PRODUCT LIABILITY NOT ARISING FROM THE NEGLIGENCE OF SIMBA AND SIMBA'S LICENSORS SELLER (WHETHER ACTIVE, PASSIVE OR IMPUTED); AND (D) AND ANY OBLIGATION, LIABILITY, REMEDYRIGHT, RIGHT CLAIM OR CLAIM REMEDY FOR INFRINGEMENTLOSS OF OR DAMAGE TO ANY AIRCRAFT. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED 12.3 EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. SELLER WILL HAVE NO OBLIGATION OR LICENSED LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE) OR OTHERWISE, FOR USE LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, ANY AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN OTHER THING PROVIDED UNDER THIS AGREEMENT.. 12.4

DISCLAIMER AND RELEASE. EXCEPT FOR THE EXPRESS WARRANTIES WARRANTIES, OBLIGATIONS, AND INDEMNITIES LIABILITIES OF VCC AND THE REMEDIES OF BUYER SET FORTH HEREINHEREIN ARE EXCLUSIVE. BUYER HEREBY WAIVES, YOU HEREBY WAIVE, RELEASE RELEASES AND DISCLAIM, DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA AND XXXXX'S LICENSORS VCC AND ALL OTHER REMEDIES, RIGHTS, CAUSES CLAIMS AND REMEDIES OF ACTION AND CLAIMS BUYER AGAINST SIMBA AND XXXXX'S LICENSORS VCC, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, ALL RELATED DOCUMENTATION AND ANY SERVICES FURNISHED UNDER THIS AGREEMENTPRODUCTS, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY OR CLAIM IN CONTRACTTORT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, CLAIMS BASED UPON NEGLIGENCE, STRICT PRODUCT LIABILITY OR PRODUCT LIABILITY OF SIMBA STRICT LIABILITY; AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTEDD) AND ANY OBLIGATION, LIABILITY, REMEDYRIGHT, RIGHT CLAIM OR CLAIM REMEDY FOR INFRINGEMENT. YOU ACKNOWLEDGE XXXXX ACKNOWLEDGES AND AGREES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS WARRANTIES SET FORTH IN HEREIN. THIS AGREEMENTDISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.

DISCLAIMER AND RELEASE. EXCEPT FOR 5.1 THE EXPRESS WARRANTIES AND INDEMNITIES SET FORTH HEREIN, YOU HEREBY WAIVE, RELEASE AND DISCLAIM, ALL WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA BRAD XXX THE REMEDIES OF BUYER SET FORTH IN EXHIBIT "F" ARE EXCLUSIVE AND XXXXX'S LICENSORS IN SUBSTITUTION FOR, AND BUYER HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER REMEDIESWARRANTIES, CONDITIONS, OBLIGATIONS AND LIABILITIES OF BRAD XXX ALL RIGHTS, CAUSES CLAIMS AND REMEDIES OF ACTION AND CLAIMS BUYER AGAINST SIMBA AND XXXXX'S LICENSORS BRAD, XXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY DEFECT IN THE PROGRAM, ALL RELATED DOCUMENTATION AND SPARE PARTS OR ANY SERVICES FURNISHED OTHER THING DELIVERED UNDER THIS AGREEMENTARTICLE, INCLUDINGWHETHER THAT DEFECT IS DISCOVERED BEFORE OR AFTER THE EXPIRY OF THE WARRANTY PERIOD STATED IN EXHIBIT "F". THE WARRANTIES, CONDITIONS, OBLIGATIONS AND LIABILITIES OF BRAD XXX THE RIGHTS, CLAIMS AND REMEDIES OF BUYER THAT ARE SUBSTITUTED, WAIVED, RELEASED AND RENOUNCED INCLUDE, BUT ARE NOT LIMITED TO: 101 a) ANY [CONFIDENTIAL PORTION DELETED] CONDITION OF [CONFIDENTIAL PORTION DELETED] OR [CONFIDENTIAL PORTION DELETED]; b) ANY IMPLIED WARRANTY OR CONDITION [CONFIDENTIAL PORTION DELETED]; c) ANY [CONFIDENTIAL PORTION DELETED], WHETHER OR NOT ARISING FROM THE [CONFIDENTIAL PORTION DELETED] AND d) ANY OBLIGATION[CONFIDENTIAL PORTION DELETED], LIABILITYTO ANY [CONFIDENTIAL PORTION DELETED], RIGHTOR TO [CONFIDENTIAL PORTION DELETED]. 5.2 BRAD XXXLL HAVE NO OBLIGATION OR LIABILITY (AT LAW OR IN EQUITY) IN CONTRACT (INCLUDING, REMEDY OR CLAIM WITHOUT LIMITATION, WARRANTY), IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS TORT (WHETHER OR NOT ARISING FROM THE ACTIVE, PASSIVE OR IMPUTEDIMPUTED NEGLIGENCE OR STRICT PRODUCTS LIABILITY OF BRAD) AND XX OTHERWISE, FOR ANY OBLIGATION[CONFIDENTIAL PORTION DELETED], LIABILITYINCLUDING WITHOUT LIMITATION LOSS OF USE, REMEDYLOSS OF REVENUE OR LOSS OF PROFIT, RIGHT OR CLAIM FOR INFRINGEMENTWITH RESPECT TO 1) [CONFIDENTIAL PORTION DELETED]. YOU ACKNOWLEDGE NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO ALTER OBLIGATIONS EXPRESSLY ASSUMED BY BRAD XX OTHER PROVISIONS OF THIS ARTICLE, INCLUDING WITHOUT LIMITATION THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION PROVISIONS OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING EXHIBIT"F". 5.3 THE GENERALITY BENEFIT OF THE FOREGOINGWAIVER, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION RELEASE AND RENUNCIATION IN ARTICLE 5.0 AND OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH [CONFIDENTIAL PORTION DELETED] IN THIS AGREEMENT.ARTICLE 2.24

DISCLAIMER AND RELEASE. EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES SET FORTH HEREIN, YOU HEREBY WAIVE, RELEASE AND DISCLAIM, ALL WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA AND XXXXXSIMBA'S LICENSORS AND ALL OTHER REMEDIES, RIGHTS, CAUSES OF ACTION AND CLAIMS AGAINST SIMBA AND XXXXXSIMBA'S LICENSORS WITH RESPECT TO THE PROGRAM, ALL RELATED DOCUMENTATION AND ANY SERVICES FURNISHED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION, LIABILITY, RIGHT, REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND ANY OBLIGATION, LIABILITY, REMEDY, RIGHT OR CLAIM FOR INFRINGEMENT. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX SIMBA IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN THIS AGREEMENT.

DISCLAIMER AND RELEASE. EXCEPT FOR THE EXPRESS WARRANTIES WARRANTIES, OBLIGATIONS, AND INDEMNITIES LIABILITIES OF VCC AND THE REMEDIES OF BUYER SET FORTH HEREINHEREIN ARE EXCLUSIVE. BUYER HEREBY WAIVES, YOU HEREBY WAIVE, RELEASE RELEASES AND DISCLAIM, DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA AND XXXXX'S LICENSORS VCC AND ALL OTHER REMEDIES, RIGHTS, CAUSES CLAIMS AND REMEDIES OF ACTION AND CLAIMS BUYER AGAINST SIMBA AND XXXXX'S LICENSORS VCC, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, ALL RELATED DOCUMENTATION AND ANY SERVICES FURNISHED UNDER THIS AGREEMENTPRODUCTS, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY OR CLAIM IN CONTRACTTORT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, CLAIMS BASED UPON NEGLIGENCE, STRICT PRODUCT LIABILITY OR PRODUCT LIABILITY OF SIMBA STRICT LIABILITY; AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTEDD) AND ANY OBLIGATION, LIABILITY, REMEDYRIGHT, RIGHT CLAIM OR CLAIM REMEDY FOR INFRINGEMENT. YOU ACKNOWLEDGE BUYER ACKNOWLEDGES AND AGREES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS WARRANTIES SET FORTH IN HEREIN. THIS AGREEMENTDISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.

DISCLAIMER AND RELEASE. EXCEPT SELLER IS SELLING THE PROPERTY WITHOUT REPRESENTATION OR WARRANTY, SHALL HAVE NO OBLIGATION TO MAKE ANY REPAIRS, PAY FOR ANY ENVIRONMENTAL INSPECTIONS OR OTHER REPORTS, OR DO OR PERFORM ANY OTHER WORK ON THE EXPRESS WARRANTIES AND INDEMNITIES SET FORTH HEREIN, YOU HEREBY WAIVE, RELEASE AND DISCLAIM, ALL WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA AND XXXXX'S LICENSORS AND ALL OTHER REMEDIES, RIGHTS, CAUSES OF ACTION AND CLAIMS AGAINST SIMBA AND XXXXX'S LICENSORS WITH RESPECT TO THE PROGRAM, ALL RELATED DOCUMENTATION AND ANY SERVICES FURNISHED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION, LIABILITY, RIGHT, REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND ANY OBLIGATION, LIABILITY, REMEDY, RIGHT OR CLAIM FOR INFRINGEMENT. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMSPROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF SELLER EXPRESSLY DISCLAIMS SET FORTH IN SECTION 6.2 OF THIS AGREEMENT (THE “EXPRESS WARRANTIES”), PURCHASER IS RELYING SOLELY ON ITS OWN INSPECTION AND EXAMINATION IN PURCHASING THE PROPERTY; AND IS PURCHASING THE PROPERTY ON AN "AS-IS, WHERE-IS" BASIS WITH ALL FAULTS AND DEFECTS NOW KNOWN OR HEREAFTER DISCOVERED BY PURCHASER. EXCEPT FOR THE EXPRESS WARRANTIES, NONE OF SELLER, SELLER'S OWNERS (DIRECT AND REMOTE), MANAGER(S), NOR ANY OF ITS AGENTS OR EMPLOYEES MAKE ANY REPRESENTATION OR WARRANTY TO PURCHASER, EXPRESS OR IMPLIED WARRANTY IMPLIED, AS TO (A) THE SUITABILITY OF THE PROPERTY FOR PURCHASER'S INTENDED USE, OR ANY PARTICULAR PURPOSE OR THE MERCHANTABILITY OR FITNESS THEREOF, (B) THE ENVIRONMENTAL CONDITION OF THE PROPERTY (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT THEREON, INCLUDING THE POSSIBILITIES FOR FUTURE DEVELOPMENT OF THE PROPERTY; (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS CURRENT OR INTENDED OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY (INCLUDING WITHOUT LIMITATION, THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT (42 U.S.C SECTION 9601 ET SEQ.) AND OTHER ENVIRONMENTAL LAWS, RULES OR REGULATIONS) AND ANY CLAIMS MADE OR OBLIGATIONS OR LIABILITIES IMPOSED PURSUANT THERETO, AND ANY ZONING ORDINANCES; (E) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY; (F) THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS AT, ON, UNDER, OR ADJACENT TO THE REAL ESTATE OR BUILDINGS OR ANY OTHER ENVIRONMENTAL MATTER OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING THE PROPERTY; OR (G) ANY OTHER MATTER WITH RESPECT TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE OF THE PROPERTY; AND, EXCEPT FOR THE EXPRESS WARRANTIES, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY SELLER, AND PURCHASER HEREBY RELEASES SELLER, SELLER'S OWNERS (DIRECT AND REMOTE), DIRECTORS, OFFICERS, MANAGER(S) AGENTS AND EMPLOYEES (COLLECTIVELY THE "SELLER PROTECTED PARTY") FROM ANY AND ALL RESPONSIBILITY AND LIABILITY IN RESPECT THEREOF. WITHOUT LIMITATION OF THE PROVISIONS ABOVE, PURCHASER HEREBY RELEASES SELLER AND THE OTHER SELLER PROTECTED PARTIES FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, OR LIABILITIES ARISING OUT OF OR RELATING DIRECTLY OR INDIRECTLY TO ANY ENVIRONMENTAL HAZARD AT, IN, ON OR UNDER THE PROPERTY. ANY REPRESENTATIONS, WARRANTIES OR STATEMENTS MADE BY ANY SHAREHOLDER, DIRECTOR, OFFICER, EMPLOYEE, AGENT OR REPRESENTATIVE OF SELLER, INCLUDING WITHOUT LIMITATION THE BROKER DEFINED BELOW, MAY NOT BE BOUND RELIED UPON BY PURCHASER AND DO NOT CONSTITUTE A PART OF THIS AGREEMENT. FOR PURPOSES OF THIS PARAGRAPH, THE LIMITATIONS SET FORTH TERM "ENVIRONMENTAL HAZARD" SHALL MEAN ANY HAZARDOUS MATERIAL, OR THE STORAGE, HANDLING, PRODUCTION, DISPOSAL, TREATMENT OR RELEASE THEREOF; AND THE TERM "HAZARDOUS MATERIAL" SHALL MEAN (A) ANY HAZARDOUS WASTE, ANY EXTREMELY HAZARDOUS WASTE, OR ANY RESTRICTED HAZARDOUS WASTE, OR WORDS OF SIMILAR IMPORT, AS DEFINED IN THE RESOURCE CONSERVATION AND RECOVERY ACT (42 U.S. C. SECTION 6901 ET SEQ.); (B) ANY HAZARDOUS SUBSTANCES AS DEFINED IN THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S. C. SECTION 9601 ET SEQ.); (C) ANY TOXIC SUBSTANCES AS DEFINED IN THE TOXIC SUBSTANCES CONTROL ACT (15 U.S. C. SECTION 2601 ET SEQ.); (D) ANY POLLUTANT AS DEFINED IN THE CLEAN WATER ACT (33 U.S. C. SECTION 1251 ET SEQ.); (E) GASOLINE, PETROLEUM OR OTHER HYDROCARBON PRODUCTS OR BY-PRODUCTS; (F) ASBESTOS; OR (G) ANY OTHER MATERIALS, SUBSTANCES, OR WASTES SUBJECT TO ENVIRONMENTAL REGULATION UNDER ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW, REGULATION, OR ORDINANCE NOW OR HEREAFTER IN EFFECT. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "ENVIRONMENTAL HAZARD" SHALL MEAN ANY HAZARDOUS MATERIAL, OR THE STORAGE, HANDLING, PRODUCTION, DISPOSAL, TREATMENT OR RELEASE THEREOF; AND THE TERM "HAZARDOUS MATERIAL" SHALL MEAN (A) ANY HAZARDOUS WASTE, ANY EXTREMELY HAZARDOUS WASTE, OR ANY RESTRICTED HAZARDOUS WASTE, OR WORDS OF SIMILAR IMPORT, AS DEFINED IN THE RESOURCE CONSERVATION AND RECOVERY ACT (42 U.S. C. SECTION 6901 ET SEQ.); (B) ANY HAZARDOUS SUBSTANCES AS DEFINED IN THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S. C. SECTION 9601 ET SEQ.); (C) ANY TOXIC SUBSTANCES AS DEFINED IN THE TOXIC SUBSTANCES CONTROL ACT (15 U.S. C. SECTION 2601 ET SEQ.); (D) ANY POLLUTANT AS DEFINED IN THE CLEAN WATER ACT (33 U.S. C. SECTION 1251 ET SEQ.); (E) GASOLINE, PETROLEUM OR OTHER HYDROCARBON PRODUCTS OR BY-PRODUCTS; (F) ASBESTOS; OR (G) ANY OTHER MATERIALS, SUBSTANCES, OR WASTES SUBJECT TO ENVIRONMENTAL REGULATION UNDER ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW, REGULATION, OR ORDINANCE NOW OR HEREAFTER IN EFFECT. ANY REPRESENTATIONS, WARRANTIES OR STATEMENTS MADE BY ANY AGENT OR REPRESENTATIVE OF SELLER, INCLUDING WITHOUT LIMITATION THE BROKER (AS DEFINED BELOW), MAY NOT BE RELIED UPON BY PURCHASER AND DO NOT CONSTITUTE A PART OF THIS AGREEMENT.

DISCLAIMER AND RELEASE. (a) EXCEPT WITH RESPECT TO THE SELLERS' WARRANTIES (AS DEFINED BELOW), SELLERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING WARRANTIES OF HABITABILITY AND FITNESS FOR A PARTICULAR PURPOSE), WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES WITH RESPECT TO THE PROPERTY, THE LEASES, THE TENANTS AT THE PROPERTY, THE ZONING OF THE LAND, THE SOIL CONDITIONS OF THE LAND, OR THE SUITABILITY OF THE PROPERTIES FOR PURCHASER'S INTENDED USE. SUBJECT TO THE SELLERS' WARRANTIES, PURCHASER ACKNOWLEDGES THAT PURCHASER HAS CONDUCTED, OR SHALL HAVE THE OPPORTUNITY TO CONDUCT, A DILIGENT INVESTIGATION OF THE PROPERTIES WITH REGARD TO ITS CONDITION, PERMITTED USE, AND SUITABILITY FOR PURCHASER'S INTENDED USE, AS WELL AS ALL OTHER FACTORS DEEMED MATERIAL TO PURCHASER AND PURCHASER HAS EMPLOYED SUCH INDEPENDENT PROFESSIONALS IN CONNECTION THEREWITH AS DEEMED NECESSARY BY PURCHASER. SUBJECT TO THE SELLERS' WARRANTIES PURCHASER FURTHER ACKNOWLEDGES THAT PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS" AND IN ITS PRESENT CONDITION AND THAT PURCHASER IS NOT RELYING UPON ANY REPRESENTATION, DOCUMENT, DELIVERY, STATEMENT OR RECORD OF ANY KIND OR NATURE MADE, PREPARED OR DELIVERED BY ANY SELLER OR ANY OF ITS EMPLOYEES OR AGENTS WITH RESPECT TO THE PROPERTIES, AND THAT, IN FACT, NO SUCH REPRESENTATIONS WERE MADE EXCEPT FOR THE EXPRESS WARRANTIES SELLERS' WARRANTIES. ​ (b) FURTHER, AND INDEMNITIES WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, EXCEPT FOR THE SELLERS' WARRANTIES, NO SELLER MAKES ANY WARRANTY WITH RESPECT TO THE ABSENCE ON, UNDER OR ABOUT THE PROPERTY, OF HAZARDOUS SUBSTANCES OR MATERIALS ("HAZARDOUS MATERIALS") WHICH ARE CATEGORIZED AS HAZARDOUS OR TOXIC UNDER ANY LOCAL, STATE OR FEDERAL LAW, STATUTE, ORDINANCE, RULE, OR REGULATION PERTAINING TO ENVIRONMENTAL OR HAZARDOUS SUBSTANCE REGULATION, CONTAMINATION, CLEANUP OR DISCLOSURE. SUBJECT TO THE SELLERS' WARRANTIES, BY ACCEPTANCE OF THIS AGREEMENT AND THE DEEDS, PURCHASER ACKNOWLEDGES THAT PURCHASER'S OPPORTUNITY FOR INSPECTION AND INVESTIGATION OF SUCH PROPERTY HAS BEEN ADEQUATE TO ENABLE PURCHASER TO MAKE PURCHASER'S OWN DETERMINATION WITH RESPECT TO THE PRESENCE ON, UNDER OR ABOUT THE PROPERTIES OF SUCH HAZARDOUS MATERIALS. (c) UPON CLOSING, SUBJECT TO SELLERS' WARRANTIES, PURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS REGARDING THE PROPERTIES MAY NOT HAVE BEEN REVEALED BY PURCHASER'S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED, ON BEHALF OF ITSELF AND ON BEHALF OF ITS TRANSFEREES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, TO HAVE WAIVED, RELINQUISHED, RELEASED AND FOREVER DISCHARGED EACH SELLER AND EACH SELLER'S AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, BY REASON OF OR ARISING OUT OF THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECT OR OTHER PHYSICAL CONDITION (INCLUDING, WITHOUT LIMITATION, FUNGI, MOLD OR MILDEW) WHETHER PURSUANT TO STATUTES IN EFFECT IN THE STATE IN WHICH THE PROPERTIES ARE LOCATED OR ANY OTHER FEDERAL, STATE, OR LOCAL ENVIRONMENTAL OR HEALTH AND SAFETY LAW OR REGULATION, THE EXISTENCE OF ANY HAZARDOUS MATERIAL WHATSOEVER, ON, AT, TO, IN, ABOVE, ABOUT, UNDER, FROM OR IN THE VICINITY OF THE PROPERTIES AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS WHATSOEVER REGARDING THE PROPERTY. SUBJECT TO THE SELLERS' WARRANTIES, THIS RELEASE INCLUDES CLAIMS OF WHICH PURCHASER IS PRESENTLY UNAWARE AND OF WHICH PURCHASER DOES NOT PRESENTLY SUSPECT TO EXIST WHICH, IF KNOWN BY PURCHASER, WOULD MATERIALLY AFFECT PURCHASER'S RELEASE OF SELLERS. PURCHASER HEREBY ACKNOWLEDGES THAT, SUBJECT TO THE SELLERS' WARRANTIES, FACTUAL MATTERS NOW UNKNOWN TO PURCHASER MAY HEREAFTER GIVE RISE TO CAUSES OF ACTION, CLAIMS, DEMANDS, DEBTS, CONTROVERSIES, DAMAGES, COSTS, LOSSES AND EXPENSES WHICH ARE PRESENTLY UNKNOWN, UNANTICIPATED AND UNSUSPECTED, AND PURCHASER FURTHER ACKNOWLEDGES THAT, SUBJECT TO THE SELLERS' WARRANTIES, THE WAIVERS AND RELEASES CONTAINED HEREIN HAVE BEEN NEGOTIATED AND AGREED UPON BY PURCHASER IN LIGHT OF THAT REALIZATION AND THAT PURCHASER NEVERTHELESS HEREBY INTENDS TO RELEASE, DISCHARGE AND ACQUIT EACH SELLER AND EACH SELLER'S AFFILIATES FROM ANY SUCH UNKNOWN CAUSES OF ACTION, CLAIMS, DEMANDS, DEBTS, CONTROVERSIES, DAMAGES, COSTS, LOSSES AND EXPENSES. (d) NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, YOU HEREBY WAIVETHE TERMS AND CONDITIONS OF THIS SECTION 8 (INCLUDING, WITHOUT LIMITATION, PURCHASER'S RELEASE AND DISCLAIM, ALL WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA AND XXXXX'S LICENSORS AND ALL OTHER REMEDIES, RIGHTS, CAUSES SELLERS AS SET FORTH ABOVE) SHALL NOT APPLY TO ANY CLAIM OR CAUSE OF ACTION AND CLAIMS BY PURCHASER AGAINST SIMBA AND XXXXX'S LICENSORS WITH RESPECT TO A SELLER FOR THE PROGRAMFOLLOWING (COLLECTIVELY, ALL RELATED DOCUMENTATION AND "SELLERS' WARRANTIES"): (I) A BREACH BY ANY SERVICES FURNISHED UNDER THIS AGREEMENTSELLER OF ANY COVENANT, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION, LIABILITY, RIGHT, REMEDY REPRESENTATION OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND ANY OBLIGATION, LIABILITY, REMEDY, RIGHT OR CLAIM FOR INFRINGEMENT. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN THIS AGREEMENTAGREEMENT (INCLUDING, WITHOUT LIMITATION, SECTION 9) OR ANY DOCUMENT DELIVERED PURSUANT TO THIS AGREEMENT THAT EXPRESSLY SURVIVES CLOSING (INCLUDING, WITHOUT LIMITATION, THE CLOSING DOCUMENTS), OR (II) ANY EXPRESS INDEMNIFICATION OBLIGATION OF A SELLER HEREUNDER OR PURSUANT TO ANY DOCUMENT DELIVERED PURSUANT TO THIS AGREEMENT THAT EXPRESSLY SURVIVES CLOSING.

DISCLAIMER AND RELEASE. (a) EXCEPT WITH RESPECT TO THE SELLERS' WARRANTIES (AS DEFINED BELOW), SELLERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING WARRANTIES OF HABITABILITY AND FITNESS FOR A PARTICULAR PURPOSE), WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES WITH RESPECT TO THE PROPERTY, THE LEASES, THE TENANTS AT THE PROPERTY, THE ZONING OF THE LAND, THE SOIL CONDITIONS OF THE LAND, OR THE SUITABILITY OF THE PROPERTIES FOR PURCHASER'S INTENDED USE. SUBJECT TO THE SELLERS' WARRANTIES, PURCHASER ACKNOWLEDGES THAT PURCHASER HAS CONDUCTED, OR SHALL HAVE THE OPPORTUNITY TO CONDUCT, A DILIGENT INVESTIGATION OF THE PROPERTIES WITH REGARD TO ITS CONDITION, PERMITTED USE, AND SUITABILITY FOR PURCHASER'S INTENDED USE, AS WELL AS ALL OTHER FACTORS DEEMED MATERIAL TO PURCHASER AND PURCHASER HAS EMPLOYED SUCH INDEPENDENT PROFESSIONALS IN CONNECTION THEREWITH AS DEEMED NECESSARY BY PURCHASER. SUBJECT TO THE SELLERS' WARRANTIES PURCHASER FURTHER ACKNOWLEDGES THAT PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS" AND IN ITS PRESENT CONDITION AND THAT PURCHASER IS NOT RELYING UPON ANY REPRESENTATION, DOCUMENT, DELIVERY, STATEMENT OR RECORD OF ANY KIND OR NATURE MADE, PREPARED OR DELIVERED BY ANY SELLER OR ANY OF ITS EMPLOYEES OR AGENTS WITH RESPECT TO THE PROPERTIES, AND THAT, IN FACT, NO SUCH REPRESENTATIONS WERE MADE EXCEPT FOR THE EXPRESS WARRANTIES SELLERS' WARRANTIES. (b) FURTHER, AND INDEMNITIES WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, EXCEPT FOR THE SELLERS' WARRANTIES, NO SELLER MAKES ANY WARRANTY WITH RESPECT TO THE ABSENCE ON, UNDER OR ABOUT THE PROPERTY, OF HAZARDOUS SUBSTANCES OR MATERIALS ("HAZARDOUS MATERIALS") WHICH ARE CATEGORIZED AS HAZARDOUS OR TOXIC UNDER ANY LOCAL, STATE OR FEDERAL LAW, STATUTE, ORDINANCE, RULE, OR REGULATION PERTAINING TO ENVIRONMENTAL OR HAZARDOUS SUBSTANCE REGULATION, CONTAMINATION, CLEANUP OR DISCLOSURE. SUBJECT TO THE SELLERS' WARRANTIES, BY ACCEPTANCE OF THIS AGREEMENT AND THE DEEDS, PURCHASER ACKNOWLEDGES THAT PURCHASER'S OPPORTUNITY FOR INSPECTION AND INVESTIGATION OF SUCH PROPERTY HAS BEEN ADEQUATE TO ENABLE PURCHASER TO MAKE PURCHASER'S OWN DETERMINATION WITH RESPECT TO THE PRESENCE ON, UNDER OR ABOUT THE PROPERTIES OF SUCH HAZARDOUS MATERIALS. (c) UPON CLOSING, SUBJECT TO SELLERS' WARRANTIES, PURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS REGARDING THE PROPERTIES MAY NOT HAVE BEEN REVEALED BY PURCHASER'S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED, ON BEHALF OF ITSELF AND ON BEHALF OF ITS TRANSFEREES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, TO HAVE WAIVED, RELINQUISHED, RELEASED AND FOREVER DISCHARGED EACH SELLER AND EACH SELLER'S AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, BY REASON OF OR ARISING OUT OF THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECT OR OTHER PHYSICAL CONDITION (INCLUDING, WITHOUT LIMITATION, FUNGI, MOLD OR MILDEW) WHETHER PURSUANT TO STATUTES IN EFFECT IN THE STATE IN WHICH THE PROPERTIES ARE LOCATED OR ANY OTHER FEDERAL, STATE, OR LOCAL ENVIRONMENTAL OR HEALTH AND SAFETY LAW OR REGULATION, THE EXISTENCE OF ANY HAZARDOUS MATERIAL WHATSOEVER, ON, AT, TO, IN, ABOVE, ABOUT, UNDER, FROM OR IN THE VICINITY OF THE PROPERTIES AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS WHATSOEVER REGARDING THE PROPERTY. SUBJECT TO THE SELLERS' WARRANTIES, THIS RELEASE INCLUDES CLAIMS OF WHICH PURCHASER IS PRESENTLY UNAWARE AND OF WHICH PURCHASER DOES NOT PRESENTLY SUSPECT TO EXIST WHICH, IF KNOWN BY PURCHASER, WOULD MATERIALLY AFFECT PURCHASER'S RELEASE OF SELLERS. PURCHASER HEREBY ACKNOWLEDGES THAT, SUBJECT TO THE SELLERS' WARRANTIES, FACTUAL MATTERS NOW UNKNOWN TO PURCHASER MAY HEREAFTER GIVE RISE TO CAUSES OF ACTION, CLAIMS, DEMANDS, DEBTS, CONTROVERSIES, DAMAGES, COSTS, LOSSES AND EXPENSES WHICH ARE PRESENTLY UNKNOWN, UNANTICIPATED AND UNSUSPECTED, AND PURCHASER FURTHER ACKNOWLEDGES THAT, SUBJECT TO THE SELLERS' WARRANTIES, THE WAIVERS AND RELEASES CONTAINED HEREIN HAVE BEEN NEGOTIATED AND AGREED UPON BY PURCHASER IN LIGHT OF THAT REALIZATION AND THAT PURCHASER NEVERTHELESS HEREBY INTENDS TO RELEASE, DISCHARGE AND ACQUIT EACH SELLER AND EACH SELLER'S AFFILIATES FROM ANY SUCH UNKNOWN CAUSES OF ACTION, CLAIMS, DEMANDS, DEBTS, CONTROVERSIES, DAMAGES, COSTS, LOSSES AND EXPENSES. (d) NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, YOU HEREBY WAIVETHE TERMS AND CONDITIONS OF THIS SECTION 8 (INCLUDING, WITHOUT LIMITATION, PURCHASER'S RELEASE AND DISCLAIM, ALL WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA AND XXXXX'S LICENSORS AND ALL OTHER REMEDIES, RIGHTS, CAUSES SELLERS AS SET FORTH ABOVE) SHALL NOT APPLY TO ANY CLAIM OR CAUSE OF ACTION AND CLAIMS BY PURCHASER AGAINST SIMBA AND XXXXX'S LICENSORS WITH RESPECT TO A SELLER FOR THE PROGRAMFOLLOWING (COLLECTIVELY, ALL RELATED DOCUMENTATION AND "SELLERS' WARRANTIES"): (I) A BREACH BY ANY SERVICES FURNISHED UNDER THIS AGREEMENTSELLER OF ANY COVENANT, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION, LIABILITY, RIGHT, REMEDY REPRESENTATION OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND ANY OBLIGATION, LIABILITY, REMEDY, RIGHT OR CLAIM FOR INFRINGEMENT. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN THIS AGREEMENTAGREEMENT (INCLUDING, WITHOUT LIMITATION, SECTION 9) OR ANY DOCUMENT DELIVERED PURSUANT TO THIS AGREEMENT THAT EXPRESSLY SURVIVES CLOSING (INCLUDING, WITHOUT LIMITATION, THE CLOSING DOCUMENTS), OR (II) ANY EXPRESS INDEMNIFICATION OBLIGATION OF A SELLER HEREUNDER OR PURSUANT TO ANY DOCUMENT DELIVERED PURSUANT TO THIS AGREEMENT THAT EXPRESSLY SURVIVES CLOSING.

DISCLAIMER AND RELEASE. EXCEPT FOR THE EXPRESS WARRANTIES USED AIRCRAFT AND INDEMNITIES OTHER ITEMS DELIVERED HEREUNDER ARE SOLD TO BOEING “AS IS” AND THE WARRANTY OF TITLE SET FORTH HEREINABOVE IS EXCLUSIVE AND IN SUBSTITUTION FOR, YOU AND BOEING HEREBY WAIVEWAIVES, RELEASE RELEASES AND DISCLAIM, RENOUNCES ANY AND ALL OTHER WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES LIABILITIES, EXPRESS OR IMPLIED, OF SIMBA SELLER, ITS ASSIGNS AND XXXXX'S LICENSORS ANY AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES, RIGHTSEXPRESSED OR IMPLIED, CAUSES OF ACTION BOEING AGAINST SELLER AND CLAIMS AGAINST SIMBA AND XXXXX'S LICENSORS ITS ASSIGNS, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, ALL RELATED DOCUMENTATION AND ANY SERVICES FURNISHED NONCONFORMANCE OR DEFECT IN ANY AIRCRAFT OR OTHER THING DELIVERED UNDER THIS AGREEMENT, INCLUDING, INCLUDING BUT NOT LIMITED TOTO (A) ANY WARRANTY AS TO THE AIRWORTHINESS OR CONDITION OF ANY ITEM DELIVERED PURSUANT TO THIS AGREEMENT; (B) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OR PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY WHETHER OR PRODUCT LIABILITY NOT ARISING FROM THE ACTUAL OR IMPUTED NEGLIGENCE OF SIMBA SELLER AND SIMBA'S LICENSORS ITS ASSIGNS; AND (WHETHER ACTIVE, PASSIVE OR IMPUTEDE) AND ANY OBLIGATION, LIABILITY, REMEDYRIGHT, RIGHT CLAIM OR CLAIM REMEDY FOR INFRINGEMENTLOSS OR DAMAGE TO ANY TANGIBLE OR INTANGIBLE THING, FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY OTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAILNotwithstanding the above paragraph, claims by Boeing against Seller for contribution toward third-SAFE CONTROLSparty injury, INCLUDINGdamage, BUT NOT LIMITED TOor loss which arise as the result of the willful gross negligence of Seller, OPERATION OF NUCLEAR FACILITIESare not limited, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMSwaived, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN THIS AGREEMENTreleased or disclaimed.