Common use of DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES Clause in Contracts

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. Section 6.1 Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, ORBCOMM SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE US GROUND SEGMENT HARDWARE. TO THE FULLEST EXTENT PERMITTED BY LAW, ORBCOMM EXPRESSLY DISCLAIMS, AND ORBCOMM CANADA HEREBY EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF ORBCOMM, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO, INCLUDING, BUT NOT LIMITED TO, (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY WARRANTIES AS TO THE ACCURACY OR AVAILABILITY OF THE US GROUND SEGMENT HARDWARE; (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY UNDER ANY THEORY OF LAW, INCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. Section 6.1 Disclaimer of Warranties. (a) EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, NEITHER COMPANY NOR CONSULTANT MAKES ANY WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, ORBCOMM SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE US GROUND SEGMENT HARDWARE. TO THE FULLEST EXTENT PERMITTED BY LAW, ORBCOMM EXPRESSLY DISCLAIMS, AND ORBCOMM CANADA HEREBY EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF ORBCOMMOTHER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, (i) ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; . ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. (iib) EXCEPT FOR EITHER PARTY’S WILLFUL MISCONDUCT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER, FOR ANY IMPLIED WARRANTY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST OPPORTUNITY, LOST SAVINGS OR LOSS OF GOODWILL) SUFFERED OR INCURRED IN CONNECTION WITH OBSERVATION, PERFORMANCE, NON-OBSERVATION OR NON-PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (c) THE ENTIRE LIABILITY OF CONSULTANT TO THE COMPANY ARISING FROM COURSE OF PERFORMANCEOR IN CONNECTION WITH THIS AGREEMENT OR WORK ORDER, COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY WARRANTIES AS TO THE ACCURACY OR AVAILABILITY HOWEVER CAUSED, REGARDLESS OF THE US GROUND SEGMENT HARDWARE; (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY UNDER FORM OF ACTION AND ON ANY THEORY OF LAWLIABILITY, INCLUDING ANY TORT, NEGLIGENCECONTRACT, STRICT LIABILITY, CONTRACT NEGLIGENCE OR OTHER LEGAL TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOTPAYABLE BY THE COMPANY TO CONSULTANT UNDER THIS AGREEMENT FOR THE AFFECTED SERVICES.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. Section 6.1 Disclaimer of WarrantiesTHE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS, AND ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED KNOWLEDGE OF THE OFFICE OF TECHNOLOGY TRANSFER AT ROCKEFELLER, THERE ARE NO OUTSTANDING CLAIMS ASSERTED BY LAWOR AGAINST ROCKEFELLER ALLEGING INFRINGEMENT IN CONNECTION WITH THE ROCKEFELLER PATENT RIGHTS, ORBCOMM SHALL NOT BE DEEMED TO HAVE MADE ANY ROCKEFELLER MATERIALS AND ROCKEFELLER TECHNICAL INFORMATION. ROCKEFELLER MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE US GROUND SEGMENT HARDWARE. TO THE FULLEST EXTENT PERMITTED BY LAW, ORBCOMM EXPRESSLY DISCLAIMS, AND ORBCOMM CANADA HEREBY EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF ORBCOMM, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO, INCLUDING, INCLUDING BUT NOT LIMITED TO, (i) TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) , COMMERCIAL UTILITY, NON-INFRINGEMENT OR TITLE. ROCKEFELLER WILL NOT BE LIABLE TO COMPANY, ITS SUCCESSORS OR ASSIGNS, OR ANY IMPLIED WARRANTY THIRD PARTY WITH RESPECT TO ANY CLAIM: ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY WARRANTIES AS TO THE ACCURACY OR AVAILABILITY COMPANY’S USE OF THE US GROUND SEGMENT HARDWAREROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS OR ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT; (iv) ARISING FROM THE DEVELOPMENT, TESTING, MANUFACTURE, USE OR SALE OF LICENSED PRODUCTS; OR FOR LOST PROFITS, BUSINESS INTERRUPTION, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY UNDER ANY THEORY OF LAW, INCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOTKIND.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. Section 6.1 Disclaimer of Warranties(a) THE COMPANY PROVIDES ITS EQUIPMENT FOR THE PURPOSE OF AERATION TO WATER AND WASTEWATER, HOWEVER, SINCE THE CHARACTERISTICS OF WATER AND WASTEWATER ARE HIGHLY VARIABLE AND THOSE CHARACTERISTICS AFFECT THE ABILITY OF OXYGEN TO ENTER AND REMAIN IN THE WATER AND WASTEWATER, THE COMPANY SHALL ONLY WARRANT THE MATERIALS AND WORKMANSHIP OF THE EQUIPMENT AND THE VOLUME OF AIR INTRODUCED INTO THE WATER AS PROVIDED IN CURRENT AND FUTURE PRODUCT DOCUMENTS. TO NO OTHER WARRANTY IS EXPRESSED OR IMPLIED FOR THE FULLEST EXTENT PERMITTED BY LAWMERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ORBCOMM SHALL NOT BE DEEMED TO HAVE MADE OR ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE US GROUND SEGMENT HARDWARE. TO THE FULLEST EXTENT PERMITTED BY LAW, ORBCOMM EXPRESSLY DISCLAIMS, AND ORBCOMM CANADA HEREBY EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF ORBCOMMWARRANTY, EXPRESS OR IMPLIED, ARISING FOR ANY OF THE PRODUCTS. (b) THE COMPANY SHALL IN NO EVENT BE LIABLE, WHETHER IN CONTRACT, TORT, OR ON ANY OTHER BASIS, FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, OR LOSS OF PROFITS OF ANY KIND SUSTAINED BY LAW THE REPRESENTATIVE, OR BY ANY PERSON DEALING WITH THE REPRESENTATIVE, IN CONNECTION WITH THE PRODUCTS. THE COMPANY 'S LIABILITY FOR ANY CLAIM OF ANY KIND (INCLUDING, WITHOUT LIMITATION, CLAIMS BASED UPON ANY EXPRESS WARRANTY CONTAINED HEREIN AND CLAIMS BASED UPON ANY WARRANTY IMPLIED BY LAW), SHALL BE LIMITED, AT THE COMPANY 'S OPTION, TO REPLACEMENT OF THE PRODUCTS OR THE DIFFERENCE BETWEEN THE INVOICED AMOUNT AND THE MARKET PRICE OF THE PRODUCTS AT THE TIME AND PLACE SPECIFIED IN THE PURCHASE ORDER OR THE RETURN TO THE REPRESENTATIVE OF THE AMOUNT PAID BY THE REPRESENTATIVE, AND THE REPRESENTATIVE EXPRESSLY WAIVES ANY RIGHT IT MIGHT HAVE TO ANY OTHER MEASURE OF DAMAGES, STATUTORY OR OTHERWISE. (c) All warranty disclaimers contained herein are intended to comply with applicable law and shall be enforced to the fullest extent possible under applicable law. To the extent that any warranty disclaimer is deemed invalid under any law, WITH RESPECT TOwhich may be applied, INCLUDINGany related non-disclaimable warranties, BUT NOT LIMITED TOwhether express or implied, shall be limited in duration to a period of six (i6) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; months. (iid) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCENeither the Representative, COURSE OF DEALING OR USAGE OF TRADE; nor any agent, representative or designee of the Representative shall make any warranties, representations or guarantees to any person, either orally or in writing, in the name of or on behalf of the Company without the Company's prior written consent. (iiie) ANY WARRANTIES AS TO THE ACCURACY OR AVAILABILITY OF THE US GROUND SEGMENT HARDWARE; Any action for breach of this Agreement or for breach of any warranty, express or implied, of the Company shall be commenced within one (iv1) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY UNDER ANY THEORY OF LAW, INCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOTyear from the date of the delivery of the Products.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. Section 6.1 Disclaimer of WarrantiesYOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DR, ITS CONTRACTORS AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER DR NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES. FURTHERMORE, DR DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND DR DISCLAIMS ANY LIABILITY RELATING THERETO. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORBCOMM IN NO EVENT SHALL NOT BE DEEMED THE MAXIMUM AGGREGATE LIABILITY OF DR OR THE RELATED PERSONS (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO HAVE MADE ANY REPRESENTATIONS ACCESS OR WARRANTIES WHATSOEVER WITH RESPECT USE OF THE SERVICES, EXCEED THE GREATER OF $50 OR THE AMOUNT YOU PAID TO US TO USE THE US GROUND SEGMENT HARDWARESERVICES IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. TO THE FULLEST EXTENT PERMITTED BY LAW, ORBCOMM EXPRESSLY DISCLAIMSFOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT THAT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND ORBCOMM CANADA HEREBY EXPRESSLY WAIVESTHE FOREGOING SHALL CONSTITUTE DR AND ITS RELATED PERSONS’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, RELEASES AND RENOUNCES ALL OTHER WARRANTIESREGARDLESS OF THE FORM OF ACTION, OBLIGATIONS AND LIABILITIES OF ORBCOMMWHETHER BASED IN CONTRACT, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO, TORT (INCLUDING, BUT NOT LIMITED TO, (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY WARRANTIES AS TO THE ACCURACY OR AVAILABILITY OF THE US GROUND SEGMENT HARDWARE; (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY UNDER ANY THEORY OF LAW, INCLUDING ANY TORT, SIMPLE NEGLIGENCE, STRICT LIABILITYWHETHER ACTIVE, CONTRACT PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. Section 6.1 Disclaimer of WarrantiesYOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DR, WHEEL, AND YOUR EMPLOYER (IF RELEVANT), AND THEIR CONTRACTORS, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, RESPONSE TIMES, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. DR, WHEEL, AND YOUR EMPLOYER (IF RELEVANT), AND THEIR CONTRACTORS, AFFILIATES, AND THEIR RELATED PERSONS MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER DR, WHEEL, YOUR EMPLOYER (IF RELEVANT), NOR THEIR RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES. FURTHERMORE, NEITHER DR, WHEEL, YOUR EMPLOYER (IF RELEVANT), NOR THEIR RELATED PERSONS GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY PARTICULAR TIME OR WITHIN ANY PARTICULAR TIMEFRAME, OR FREE FROM ERROR, DEFECT, GLITCHES, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND DR, WHEEL, YOUR EMPLOYER (IF RELEVANT), AND THEIR RELATED PERSONS DISCLAIM ANY LIABILITY RELATING THERETO. YOU UNDERSTAND AND AGREE THAT, DUE TO SCHEDULING, FAILURES OF ELECTRONIC EQUIPMENT OR COMMUNICATIONS FACILITIES (INCLUDING THE INTERNET), EMERGENCIES, AND OTHER CIRCUMSTANCES, DR, WHEEL, YOUR EMPLOYER (IF RELEVANT), AND THEIR RELATED PERSONS CANNOT WARRANT OR OTHERWISE GUARANTEE, AND DO NOT WARRANT OR OTHERWISE GUARANTEE, THAT YOU WILL HAVE ACCESS TO THE SERVICES, OR THAT THE SERVICES WILL BE PROVIDED IN A TIMELY FASHION OR AT ALL. UNDER NO CIRCUMSTANCES WILL DR, WHEEL, YOUR EMPLOYER (IF RELEVANT), OR THEIR RELATED PERSONS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM DELAYS IN EVALUATION OR TREATMENT, OR DELAYED, LATE, POSTPONED, CANCELLED OR OTHERWISE UNFULFILLED CONSULTATIONS OR OTHER SCHEDULED APPOINTMENTS FOR SERVICES, HOWSOEVER CAUSED, OR THE MEDICAL MALPRACTICE, FRAUD, OR NEGLIGENCE OF HEALTH PROFESSIONALS PERFORMING CLINICAL SERVICES THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORBCOMM IN NO EVENT SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE US GROUND SEGMENT HARDWARE. TO THE FULLEST EXTENT PERMITTED BY LAWMAXIMUM AGGREGATE LIABILITY OF DR, ORBCOMM EXPRESSLY DISCLAIMSWHEEL, YOUR EMPLOYER (IF RELEVANT), AND ORBCOMM CANADA HEREBY EXPRESSLY WAIVESTHE RELATED PERSONS (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO ACCESS OR USE OF THE SERVICES, RELEASES EXCEED THE GREATER OF $50 OR THE AMOUNT YOU PAID TO US TO USE THE SERVICES IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT THAT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND RENOUNCES ALL OTHER WARRANTIESTHE FOREGOING SHALL CONSTITUTE DR’S, OBLIGATIONS WHEEL’S, YOUR EMPLOYER’S (IF RELEVANT), AND LIABILITIES ITS RELATED PERSONS’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF ORBCOMMTHE FORM OF ACTION, EXPRESS OR IMPLIEDWHETHER BASED IN CONTRACT, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO, TORT (INCLUDING, BUT NOT LIMITED TO, (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY WARRANTIES AS TO THE ACCURACY OR AVAILABILITY OF THE US GROUND SEGMENT HARDWARE; (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY UNDER ANY THEORY OF LAW, INCLUDING ANY TORT, SIMPLE NEGLIGENCE, STRICT LIABILITYWHETHER ACTIVE, CONTRACT PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. Section 6.1 Disclaimer of WarrantiesTHE LICENSED PATENTS, MATERIALS, TECHNICAL INFORMATION, LICENSED PRODUCTS, LICENSED PROCESSES, AND ANY OTHER TECHNOLOGY OR INFORMATION PROVIDED OR LICENSED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ORBCOMM SHALL NOT BE DEEMED TO HAVE MADE ANY MOUNT SINAI MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE US GROUND SEGMENT HARDWARE. TO THE FULLEST EXTENT PERMITTED BY LAW, ORBCOMM EXPRESSLY DISCLAIMS, AND ORBCOMM CANADA HEREBY EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF ORBCOMM, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO, INCLUDING, INCLUDING BUT NOT LIMITED TO, (i) TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) , COMMERCIAL UTILITY, NON INFRINGEMENT OR TITLE WITH RESPECT THERETO. MOUNT SINAI WILL NOT BE LIABLE TO MSGI, ITS SUCCESSORS OR ASSIGNS, OR ANY IMPLIED WARRANTY THIRD PARTY WITH RESPECT TO ANY CLAIM ARISING FROM COURSE OR ATTRIBUTABLE TO MSGI’S USE OF PERFORMANCETHE LICENSED PATENTS, COURSE MATERIALS, TECHNICAL INFORMATION, LICENSED PRODUCTS, AND ANY OTHER TECHNOLOGY OR INFORMATION PROVIDED OR LICENSED UNDER THIS AGREEMENT, OR ARISING FROM THE DEVELOPMENT, TESTING, MANUFACTURE, USE OR SALE OF DEALING OR USAGE OF TRADE; (iii) ANY WARRANTIES AS LICENSED PRODUCTS. NEITHER PARTY WILL BE LIABLE TO THE ACCURACY OTHER PARTY, OR AVAILABILITY OF THE US GROUND SEGMENT HARDWARE; (iv) ITS SUCCESSORS OR ASSIGNS, OR TO ANY OBLIGATIONTHIRD PARTY, LIABILITYFOR LOST PROFITS, RIGHTBUSINESS INTERRUPTION, CLAIM OR REMEDY UNDER ANY THEORY OF LAWINDIRECT, INCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT SPECIAL OR CONSEQUENTIAL OR OTHER LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION DAMAGES OF FACT, INCLUDING, BUT NOTANY KIND.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. Section 6.1 Disclaimer of Warranties(a) THE COMPANY PROVIDES ITS EQUIPMENT FOR THE PURPOSE OF AERATION TO WATER AND WASTEWATER, HOWEVER, SINCE THE CHARACTERISTICS OF WATER AND WASTEWATER ARE HIGHLY VARIABLE AND THOSE CHARACTERISTICS AFFECT THE ABILITY OF OXYGEN TO ENTER AND REMAIN IN THE WATER AND WASTEWATER, THE COMPANY SHALL ONLY WARRANT THE MATERIALS AND WORKMANSHIP OF THE EQUIPMENT AND THE VOLUME OF AIR INTRODUCED INTO THE WATER AS PROVIDED IN CURRENT AND FUTURE PRODUCT DOCUMENTS. TO NO OTHER WARRANTY IS EXPRESSED OR IMPLIED FOR THE FULLEST EXTENT PERMITTED BY LAWMERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ORBCOMM SHALL NOT BE DEEMED TO HAVE MADE OR ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE US GROUND SEGMENT HARDWARE. TO THE FULLEST EXTENT PERMITTED BY LAW, ORBCOMM EXPRESSLY DISCLAIMS, AND ORBCOMM CANADA HEREBY EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF ORBCOMMWARRANTY, EXPRESS OR IMPLIED, ARISING FOR ANY OF THE PRODUCTS. (b) THE COMPANY SHALL IN NO EVENT BE LIABLE, WHETHER IN CONTRACT, TORT, OR ON ANY OTHER BASIS, FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, OR LOSS OF PROFITS OF ANY KIND SUSTAINED BY LAW THE PURCHASER, OR BY ANY PERSON DEALING WITH THE PURCHASER, IN CONNECTION WITH THE PRODUCTS. THE COMPANY 'S LIABILITY FOR ANY CLAIM OF ANY KIND (INCLUDING, WITHOUT LIMITATION, CLAIMS BASED UPON ANY EXPRESS WARRANTY CONTAINED HEREIN AND CLAIMS BASED UPON ANY WARRANTY IMPLIED BY LAW), SHALL BE LIMITED, AT THE COMPANY 'S OPTION, TO REPLACEMENT OF THE PRODUCTS OR THE DIFFERENCE BETWEEN THE INVOICED AMOUNT AND THE MARKET PRICE OF THE PRODUCTS AT THE TIME AND PLACE SPECIFIED IN THE PURCHASE ORDER OR THE RETURN TO THE PURCHASER OF THE AMOUNT PAID BY THE PURCHASER, AND THE PURCHASER EXPRESSLY WAIVES ANY RIGHT IT MIGHT HAVE TO ANY OTHER MEASURE OF DAMAGES, STATUTORY OR OTHERWISE. (c) All warranty disclaimers contained herein are intended to comply with applicable law and shall be enforced to the fullest extent possible under applicable law. To the extent that any warranty disclaimer is deemed invalid under any law, WITH RESPECT TOwhich may be applied, INCLUDINGany related non-disclaimable warranties, BUT NOT LIMITED TOwhether express or implied, shall be limited in duration to a period of six (i6) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; months. (iid) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCESystem component warranties for pumps, COURSE OF DEALING OR USAGE OF TRADE; valves, fittings, compressors, oxygen generation systems, and macerators shall be pass thru warranties provided by the OEM to the Purchaser. (iiie) ANY WARRANTIES AS TO THE ACCURACY OR AVAILABILITY OF THE US GROUND SEGMENT HARDWARE; Neither the Purchaser, nor any agent, purchaser nor designee of the Purchaser shall make any warranties, representations or guarantees to any person, either orally or in writing, in the name of or on behalf of the Company without the Company's prior written consent. (ivf) ANY OBLIGATIONAny action for breach of this Agreement or for breach of any warranty, LIABILITYexpress or implied, RIGHT, CLAIM OR REMEDY UNDER ANY THEORY OF LAW, INCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOTof the Company shall be commenced within one (1) year from the date of the delivery of the Products.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. Section 6.1 Disclaimer of Warranties(a) THE COMPANY PROVIDES ITS EQUIPMENT FOR THE PURPOSE OF AERATION TO WATER AND WASTEWATER, HOWEVER,SINCE THE CHARACTERISTICS OF WATER AND WASTEWATER ARE HIGHLY VARIABLE AND THOSE CHARACTERISTICS AFFECT THE ABILITY OF OXYGEN TO ENTER AND REMAIN IN THE WATER AND WASTEWATER, THE COMPANY SHALL ONLY WARRANT THE MATERIALS AND WORKMANSHIP OF THE EQUIPMENT AND THE VOLUME OF AIR INTRODUCED INTO THE WATER AS PROVIDED IN CURRENT AND FUTURE PRODUCT DOCUMENTS. TO NO OTHER WARRANTY IS EXPRESSED OR IMPLIED FOR THE FULLEST EXTENT PERMITTED BY LAWMERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ORBCOMM SHALL NOT BE DEEMED TO HAVE MADE OR ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE US GROUND SEGMENT HARDWARE. TO THE FULLEST EXTENT PERMITTED BY LAW, ORBCOMM EXPRESSLY DISCLAIMS, AND ORBCOMM CANADA HEREBY EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF ORBCOMMWARRANTY, EXPRESS OR IMPLIED, ARISING FOR ANY OF THE PRODUCTS. (b) THE COMPANY SHALL IN NO EVENT BE LIABLE, WHETHER IN CONTRACT, TORT, OR ON ANY OTHER BASIS, FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, OR LOSS OF PROFITS OF ANY KIND SUSTAINED BY LAW THE PURCHASER, OR BY ANY PERSON DEALING WITH THE PURCHASER, IN CONNECTION WITH THE PRODUCTS. THE COMPANY 'S LIABILITY FOR ANY CLAIM OF ANY KIND (INCLUDING, WITHOUT LIMITATION, CLAIMS BASED UPON ANY EXPRESS WARRANTY CONTAINED HEREIN AND CLAIMS BASED UPON ANY WARRANTY IMPLIED BY LAW), SHALL BE LIMITED, AT THE COMPANY 'S OPTION, TO REPLACEMENT OF THE PRODUCTS OR THE DIFFERENCE BETWEEN THE INVOICED AMOUNT AND THE MARKET PRICE OF THE PRODUCTS AT THE TIME AND PLACE SPECIFIED IN THE PURCHASE ORDER OR THE RETURN TO THE PURCHASER OF THE AMOUNT PAID BY THE PURCHASER, AND THE PURCHASER EXPRESSLY WAIVES ANY RIGHT IT MIGHT HAVE TO ANY OTHER MEASURE OF DAMAGES, STATUTORY OR OTHERWISE. (c) All warranty disclaimers contained herein are intended to comply with applicable law and shall be enforced to the fullest extent possible under applicable law. To the extent that any warranty disclaimer is deemed invalid under any law, WITH RESPECT TOwhich may be applied, INCLUDINGany related non-disclaimable warranties, BUT NOT LIMITED TOwhether express or implied, shall be limited in duration to a period of six (i6) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; months. (iid) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCESystem component warranties for pumps, COURSE OF DEALING OR USAGE OF TRADE; valves, fittings, compressors, oxygen generation systems, and macerators shall be pass thru warranties provided by the OEM to the Purchaser. (iiie) ANY WARRANTIES AS TO THE ACCURACY OR AVAILABILITY OF THE US GROUND SEGMENT HARDWARE; Neither the Purchaser, nor any agent, purchaser nor designee of the Purchaser shall make any warranties, representations or guarantees to any person, either orally or in writing, in the name of or on behalf of the Company without the Company's prior written consent. (ivf) ANY OBLIGATIONAny action for breach of this Agreement or for breach of any warranty, LIABILITYexpress or implied, RIGHT, CLAIM OR REMEDY UNDER ANY THEORY OF LAW, INCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOTof the Company shall be commenced within one (1) year from the date of the delivery of the Products.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. Section 6.1 Disclaimer of Warranties. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORBCOMM SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES WHATSOEVER WITH RESPECT TO THE US GROUND SEGMENT HARDWARE. TO THE FULLEST EXTENT PERMITTED BY LAWAND CONDITIONS, ORBCOMM EXPRESSLY DISCLAIMS, AND ORBCOMM CANADA HEREBY EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF ORBCOMM, EITHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO, INCLUDING, BUT NOT LIMITED TO, (i) ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY WARRANTIES AS TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE ACCURACY OR AVAILABILITY SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US GROUND SEGMENT HARDWARE; TO DO SO. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (ivINCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY OBLIGATIONCASE, LIABILITY, RIGHT, CLAIM OR REMEDY OUR ENTIRE LIABILITY UNDER ANY THEORY PROVISION OF LAW, INCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR OTHER LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOTFIVE DOLLARS (USD $5.00).