Common use of Disclaimers; Limitation of Liability Clause in Contracts

Disclaimers; Limitation of Liability. Neither the license granted hereunder nor any certification or authorization of CSI for or in connection with any KCS Verified v5 Products or any Materials constitutes in any way any representation or warranty: as to the supply of or use of KCS Verified v5 Products or that the advertising or promotion of any KCS Verified v5 Products or use of any Materials complies with applicable laws or does not infringe or misappropriate any rights of any third party. EXCEPT AS PROVIDED IN SECTION 8d, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CSI MAKES NO WARRANTIES REGARDING THE KCS VERIFIED v5 TRADEMARKS OR ANY KCS VERIFIED v5 PRODUCTS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH LICENSEE, AND CSI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. EXCEPT FOR A BREACH OF A PARTY’S DUTY OF CONFIDENTIALITY TO THE OTHER PARTY, NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CSI represents and warrants that the KCS Verified v5 Trademarks will not infringe the trademark rights of any third party. CSI will, as CSI's sole liability and Licensee's exclusive remedy for any breach of the foregoing warranty, indemnify, defend and hold harmless Licensee from and against any claims, actions, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from any claim brought by an unaffiliated third party against Licensee that the KCS Verified v5 Trademarks, as used in accordance with this Agreement, infringe the trademark rights of such third party.

Disclaimers; Limitation of Liability. Neither The Contest Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning the license granted hereunder nor Contest, any certification Prize, or authorization of CSI for any other information, materials, or prizes furnished or made available in connection with the Contest. No responsibility is assumed by the Contest Entities for lost, late, incomplete, stolen, misdirected, mutilated, postage-due, illegible, unreadable, inaccurate, incorrect, inaccessible, damaged, corrupted, or unusable Submission Materials. Although NYLPI attempts to ensure the integrity of the Contest, the Contest Entities are not responsible for the actions of entrants or other individuals in connection with the Contest, including entrants' or other individuals' attempts to circumvent this Official Rules and Submission Agreement or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest. If, for any KCS Verified v5 Products reason, the Contest is not capable of running as planned due to causes which, in the sole opinion of NYLPI, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Contest, NYLPI reserves the right in its sole discretion to modify this Official Rules and Submission Agreement and/or to cancel, terminate, reschedule, modify, or suspend all or any Materials constitutes in any way any representation or warranty: as to part of the supply of or use of KCS Verified v5 Products or that the advertising or promotion of any KCS Verified v5 Products or use of any Materials complies with applicable laws or does not infringe or misappropriate any rights of any third partyContest. EXCEPT AS PROVIDED IN SECTION 8d, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CSI MAKES NO WARRANTIES REGARDING EVENT WILL THE KCS VERIFIED v5 TRADEMARKS CONTEST ENTITIES BE RESPONSIBLE OR ANY KCS VERIFIED v5 PRODUCTS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH LICENSEE, AND CSI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. EXCEPT FOR A BREACH OF A PARTY’S DUTY OF CONFIDENTIALITY TO THE OTHER PARTY, NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIALDAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONPUNITIVE DAMAGES, ARISING OUT OF THE CONTEST OR RELATED TO THIS AGREEMENT THE SUBMISSION MATERIALS, EVEN IF SUCH PARTY A CONTEST ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CSI represents and warrants that the KCS Verified v5 Trademarks will not infringe the trademark rights of any third partyWITHOUT LIMITING THE FOREGOING, THE CONTEST, THE PRIZES, AND ALL MATERIALS PROVIDED CONCERNING THE CONTEST ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CSI willIN NO EVENT SHALL THE CONTEST ENTITIES' AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE CONTEST OR THIS OFFICIAL RULES AND SUBMISSION AGREEMENT (REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY, as CSI's sole liability and Licensee's exclusive remedy for any breach of the foregoing warrantyWHETHER IN CONTRACT, indemnify, defend and hold harmless Licensee from and against any claims, actions, losses, liabilities, damages, costs and expenses (including reasonable attorneys' feesTORT OR OTHERWISE) arising from any claim brought by an unaffiliated third party against Licensee that the KCS Verified v5 Trademarks, as used in accordance with this Agreement, infringe the trademark rights of such third partyEXCEED YOUR COSTS OF ENTERING THE CONTEST.

Disclaimers; Limitation of Liability. Neither (a) Company and its affiliates shall not, under any circumstances, be liable for any loss or destruction of or damage to the license granted hereunder nor goods, however caused, unless such loss, damage or destruction arises directly and exclusively from Company’s gross negligence or intentional misconduct. (b) Company and its affiliates shall not be liable for any certification loss or authorization destruction of CSI or damage to goods that could not have been avoided by the exercise of reasonable care. Company and Customer agree that the foregoing duty of care above does not require Company to provide or maintain a sprinkler system at any warehouse. (c) Company will have no liability for lost or damaged Goods (i) caused by any defects in connection with any KCS Verified v5 Products the packaging or manufacture of such Goods, (ii) attributable to carriers (contract or otherwise), (iii) delivered to Company in a damaged condition, (iv) attributable to concealed damage or data entry errors, (v) as a result of the negligence or intentional misconduct of Customer or any Materials constitutes of its employees, agents or subcontractors (other than Company) or (vii) caused by a Force Majeure Event (as defined below). All overages during any physical inventory shall be netted against shortages in said physical inventory across product lines and all net overages as a result of any way physical inventory shall be carried forward and/or backward to offset prior and/or future net physical inventory shortages. (d) IN THE EVENT OF LOSS OR DESTRUCTION OF OR DAMAGE TO GOODS FOR WHICH COMPANY IS LEGALLY LIABLE, CUSTOMER DECLARES THAT COMPANY'S LIABILITY SHALL BE LIMITED TO THE LESSER OF THE FOLLOWING: (1) THE ACTUAL COST TO CUSTOMER OF REPLACING, OR REPRODUCING THE LOST, DAMAGED, AND DESTROYED GOODS TOGETHER WITH TRANSPORTATION COSTS TO WAREHOUSE, (2) THE FAIR MARKET VALUE OF THE LOST, DAMAGED, AND DESTROYED GOODS ON THE DATE CUSTOMER IS NOTIFIED OF SUCH LOSS, DAMAGE AND DESTRUCTION, (3) 26 TIMES THE MONTHLY STORAGE CHARGE APPLICABLE TO SUCH LOST, DAMAGED AND DESTROYED GOODS, (4) $0.50 PER POUND FOR SAID LOST, DAMAGED, AND DESTROYED GOODS. PROVIDED, HOWEVER THAT WITHIN A REASONABLE TIME AFTER RECEIPT OF THIS CONTRACT, CUSTOMER MAY REQUEST, IN WRITING, AN INCREASE IN COMPANY'S LIABILITY ON PART OR ALL OF THE GOODS IN WHICH CASE AN INCREASED CHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION; FURTHER PROVIDED THAT NO SUCH REQUEST SHALL BE VALID UNLESS MADE BEFORE LOSS OR DESTRUCTION OF OR DAMAGE TO ANY PORTION OF THE GOODS HAS OCCURRED. (e) The liability referred to in this Section above shall be Customer’s exclusive remedy against Company and its affiliates for any representation claim or warranty: as cause of action whatsoever relating to the supply loss or destruction of or use damage to Goods and shall apply to all claims including inventory shortage and mysterious disappearance claims unless Customer proves by affirmative evidence pursuant to a ruling and/or judgment of KCS Verified v5 Products a court of competent jurisdiction that Company or that its affiliates converted the advertising Goods to its or promotion of any KCS Verified v5 Products or use of any Materials complies with applicable laws or does not infringe or misappropriate their own use. Customer waives any rights to rely upon any presumption of any third party. EXCEPT AS PROVIDED IN SECTION 8d, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CSI MAKES NO WARRANTIES REGARDING THE KCS VERIFIED v5 TRADEMARKS OR ANY KCS VERIFIED v5 PRODUCTS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH LICENSEE, AND CSI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. EXCEPT FOR A BREACH OF A PARTY’S DUTY OF CONFIDENTIALITY TO THE OTHER PARTY, NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CSI represents and warrants that the KCS Verified v5 Trademarks will not infringe the trademark rights of any third party. CSI will, as CSI's sole liability and Licensee's exclusive remedy for any breach of the foregoing warranty, indemnify, defend and hold harmless Licensee from and against any claims, actions, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from any claim brought conversion imposed by an unaffiliated third party against Licensee that the KCS Verified v5 Trademarks, as used in accordance with this Agreement, infringe the trademark rights of such third partylaw.

Disclaimers; Limitation of Liability. a Neither the license granted hereunder nor any certification or authorization of CSI for or in connection with any KCS Verified v5 v6 Aligned Products or Services or any Materials constitutes in any way any representation or warranty: as to the supply of or use of KCS Verified v5 v6 Aligned Products or Services or that the advertising or promotion of any KCS Verified v5 v6 Aligned Products or Services or use of any Materials complies with applicable laws or does not infringe or misappropriate any rights of any third party. EXCEPT AS PROVIDED IN SECTION 8d, b NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CSI MAKES NO WARRANTIES REGARDING THE KCS VERIFIED v5 v6 Aligned TRADEMARKS OR ANY KCS VERIFIED v5 PRODUCTSv6 Aligned PRODUCTS OR SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH LICENSEE, AND CSI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. c EXCEPT FOR A BREACH OF A PARTY’S DUTY OF CONFIDENTIALITY TO THE OTHER PARTY, NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CSI represents and warrants that the KCS Verified v5 Trademarks will not infringe the trademark rights of any third party. CSI will, as CSI's sole liability and Licensee's exclusive remedy for any breach of the foregoing warranty, indemnify, defend and hold harmless Licensee from and against any claims, actions, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from any claim brought by an unaffiliated third party against Licensee that the KCS Verified v5 Trademarks, as used in accordance with this Agreement, infringe the trademark rights of such third party.

Disclaimers; Limitation of Liability. Neither Camp Agape has established the license granted hereunder nor Website and Applications to provide you with convenient access to Camp Agape information and content. While Camp Agape has undertaken efforts to provide accurate information and content, it is not comprehensive and Camp Agape makes no commitment to update the information or content at any certification particular frequency. Information and content on the Website and Applications may also be changed at any time without notice. This includes but is not limited to events any information posted on the Website’s “Camp Information,” “Volunteer Opportunities,” “Our Events,” and “About Us” pages and subdomains, and any schedule or authorization program information on the Website. Information and content on the Website and Applications may also be approximate. As a result, the information may not be accurate, up to date or applicable to the circumstances of CSI for any particular case. Any decisions you make based on information or content contained in connection with any KCS Verified v5 Products the Website or any Materials constitutes in any way any representation Applications are solely your responsibility. Camp Agape cannot guarantee the security of the Website or warranty: Applications and makes no representations or warranties as to whether the supply of Website or use of KCS Verified v5 Products or that the advertising or promotion Applications are free of any KCS Verified v5 Products viruses or other forms of data corruption. You choose to access and/or use of any Materials complies with applicable laws the Website or does not infringe Applications and the information provided in the Website or misappropriate any rights of any third partyApplications at your own risk. EXCEPT THE WEBSITE, APPLICATIONS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO COMMITMENT TO ANY FUTURE FUNCTIONALITY OR FEATURES. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE, APPLICATIONS, AND SERVICES IS AT YOUR OWN RISK. THE WEBSITE, APPLICATIONS AND SERVICES ARE PROVIDED IN SECTION 8d, NOTWITHSTANDING WITHOUT WARRANTIES OF ANY OTHER PROVISION OF THIS AGREEMENT, CSI MAKES NO WARRANTIES REGARDING THE KCS VERIFIED v5 TRADEMARKS OR ANY KCS VERIFIED v5 PRODUCTSKIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH LICENSEE, AND CSI SPECIFICALLY DISCLAIMS ANY INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CAMP AGAPE AND NONINFRINGEMENTITS AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “CAMP AGAPE ENTITIES”) DO NOT WARRANT THAT THE CONTENT OF THE WEBSITE, APPLICATIONS, OR SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE, APPLICATIONS, OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE, APPLICATIONS, OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE, APPLICATIONS, OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT FOR YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY SHALL BE TO REQUEST THAT CAMP AGAPE CORRECT THE MATTER OR, IF CAMP AGAPE FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE WEBSITE, APPLICATIONS, AND SERVICES. CAMP AGAPE DOES NOT GUARANTEE ANY RESULTS OR OUTCOMES BASED ON USE OF THE WEBSITE, APPLICATIONS, OR SERVICES. THE WEBSITE, APPLICATIONS, AND SERVICES ARE DELIVERED WITH YOUR EXPLICIT UNDERSTANDING AND AGREEMENT THAT ANY ACTON TAKEN MADE BY YOU OR ANY PERSON YOU PERMIT TO USE THE WEBSITE, APPLICATIONS, OR SERVICES BASED ON EXAMINATION, EVALUATION, INTERPRETATION OR USE OF THE WEBSITE, APPLICATIONS, OR SERVICES SHALL BE AT YOUR OWN RISK AND RESPONSIBILITY AND YOU SHALL HAVE NO CLAIM AGAINST CAMP AGAPE AND HEREBY RELEASE CAMP AGAPE FROM ANY LIABILITY AS A BREACH OF A PARTY’S DUTY OF CONFIDENTIALITY CONSEQUENCE THEREOF. TO THE OTHER PARTYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY THE CAMP AGAPE ENTITIES SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SPECIAL DAMAGES WHATSOEVERPUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR OR ANY LOSS OF BUSINESS PROFITSPROFITS OR REVENUES, BUSINESS INTERRUPTIONWHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR RELATED INABILITY TO THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF ACCESS OR USE THE POSSIBILITY OF SUCH DAMAGES. CSI represents and warrants that the KCS Verified v5 Trademarks will not infringe the trademark rights of any third party. CSI willWEBSITE OR APPLICATIONS, as CSI's sole liability and Licensee's exclusive remedy for any breach of the foregoing warranty, indemnify, defend and hold harmless Licensee from and against any claims, actions, losses, liabilities, damages, costs and expenses OR (including reasonable attorneys' feesB) arising from any claim brought by an unaffiliated third party against Licensee that the KCS Verified v5 Trademarks, as used in accordance with this Agreement, infringe the trademark rights of such third partyANY CONTENT OBTAINED FROM THE WEBSITE OR APPLICATIONS.

Disclaimers; Limitation of Liability. a Neither the license granted hereunder nor any certification or authorization of CSI for or in connection with any KCS v6 Verified v5 Products or any Materials constitutes in any way any representation or warranty: as to the supply of or use of KCS v6 Verified v5 Products or that the advertising or promotion of any KCS v6 Verified v5 Products or use of any Materials complies with applicable laws or does not infringe or misappropriate any rights of any third party. EXCEPT AS PROVIDED IN SECTION 8d, b NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CSI MAKES NO WARRANTIES REGARDING THE KCS v6 VERIFIED v5 TRADEMARKS OR ANY KCS v6 VERIFIED v5 PRODUCTS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH LICENSEE, AND CSI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. c EXCEPT FOR A BREACH OF A PARTY’S DUTY OF CONFIDENTIALITY TO THE OTHER PARTY, NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CSI represents and warrants that the KCS Verified v5 Trademarks will not infringe the trademark rights of any third party. CSI will, as CSI's sole liability and Licensee's exclusive remedy for any breach of the foregoing warranty, indemnify, defend and hold harmless Licensee from and against any claims, actions, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from any claim brought by an unaffiliated third party against Licensee that the KCS Verified v5 Trademarks, as used in accordance with this Agreement, infringe the trademark rights of such third party.

Disclaimers; Limitation of Liability. Neither the license granted hereunder nor any certification or authorization of CSI for or in connection with any KCS Verified Aligned v5 Products or Services or any Materials constitutes in any way any representation or warranty: as to the supply of or use of KCS Verified Aligned v5 Products or Services or that the advertising or promotion of any KCS Verified Aligned v5 Products or Services or use of any Materials complies with applicable laws or does not infringe or misappropriate any rights of any third party. EXCEPT AS PROVIDED IN SECTION 8d, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CSI MAKES NO WARRANTIES REGARDING THE KCS VERIFIED ALIGNED v5 TRADEMARKS OR ANY KCS VERIFIED ALIGNED v5 PRODUCTSPRODUCTS OR SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH LICENSEE, AND CSI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. EXCEPT FOR A BREACH OF A PARTY’S DUTY OF CONFIDENTIALITY TO THE OTHER PARTY, NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CSI represents and warrants that the KCS Verified Aligned v5 Trademarks will not infringe the trademark rights of any third party. CSI will, as CSI's sole liability and Licensee's exclusive remedy for any breach of the foregoing warranty, indemnify, defend and hold harmless Licensee from and against any claims, actions, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from any claim brought by an unaffiliated third party against Licensee that the KCS Verified Aligned v5 Trademarks, as used in accordance with this Agreement, infringe the trademark rights of such third party.

Disclaimers; Limitation of Liability. a Neither the license granted hereunder nor any certification or authorization of CSI for or in connection with any KCS Verified Aligned v5 Products or Services or any Materials constitutes in any way any representation or warranty: as to the supply of or use of KCS Verified Aligned v5 Products or Services or that the advertising or promotion of any KCS Verified Aligned v5 Products or Services or use of any Materials complies with applicable laws or does not infringe or misappropriate any rights of any third party. b EXCEPT AS PROVIDED IN SECTION 8d, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CSI MAKES NO WARRANTIES REGARDING THE KCS VERIFIED ALIGNED v5 TRADEMARKS OR ANY KCS VERIFIED ALIGNED v5 PRODUCTSPRODUCTS OR SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH LICENSEE, AND CSI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. c EXCEPT FOR A BREACH OF A PARTY’S DUTY OF CONFIDENTIALITY TO THE OTHER PARTY, NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. d CSI represents and warrants that the KCS Verified Aligned v5 Trademarks will not infringe the trademark rights of any third party. CSI will, as CSI's sole liability and Licensee's exclusive remedy for any breach of the foregoing warranty, indemnify, defend and hold harmless Licensee from and against any claims, actions, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from any claim brought by an unaffiliated third party against Licensee that the KCS Verified Aligned v5 Trademarks, as used in accordance with this Agreement, infringe the trademark rights of such third party.

Disclaimers; Limitation of Liability. a Neither the license granted hereunder nor any certification or authorization of CSI for or in connection with any KCS Verified v5 Products or any Materials constitutes in any way any representation or warranty: as to the supply of or use of KCS Verified v5 Products or that the advertising or promotion of any KCS Verified v5 Products or use of any Materials complies with applicable laws or does not infringe or misappropriate any rights of any third party. b EXCEPT AS PROVIDED IN SECTION 8d, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CSI MAKES NO WARRANTIES REGARDING THE KCS VERIFIED v5 TRADEMARKS OR ANY KCS VERIFIED v5 PRODUCTS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH LICENSEE, AND CSI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. c EXCEPT FOR A BREACH OF A PARTY’S DUTY OF CONFIDENTIALITY TO THE OTHER PARTY, NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. d CSI represents and warrants that the KCS Verified v5 Trademarks will not infringe the trademark rights of any third party. CSI will, as CSI's sole liability and Licensee's exclusive remedy for any breach of the foregoing warranty, indemnify, defend and hold harmless Licensee from and against any claims, actions, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from any claim brought by an unaffiliated third party against Licensee that the KCS Verified v5 Trademarks, as used in accordance with this Agreement, infringe the trademark rights of such third party.