Common use of Disclaimers Clause in Contracts

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT.

Disclaimers. NOTWITHSTANDING ANYTHING ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR PROVIDED PURSUANT TO THE CONTRARY HEREINTHIS AGREEMENT (INCLUDING ANY STUDENT WORK PRODUCT), PURCHASER IS PURCHASING THE PROPERTY "ARE GRANTED AND/OR PROVIDED ON AN “AS IS" AND "WHERE IS," AND WITH ALL FAULTS” BASIS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESPARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, REGARDING ANY MATERIALS PROVIDED BY OPERATION IT, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. COUNTY IS NOT LIABLE WITHOUT LIMITING THE GENERAL NATURE OF THE PRIOR SENTENCE, NEITHER CARNEGIE MELLON NOR ANY STUDENT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING FREEDOM FROM THEFT OF TRADE SECRETS WITH RESPECT TO THE STUDENT WORK PRODUCT. COURSE SPONSOR IS PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON OR ANY STUDENT RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING PROPERTY OR PURPORTING RIGHTS GRANTED AND/OR PROVIDED TO REPRESENT COUNTYIT PURSUANT TO THIS AGREEMENT. NEITHER CARNEGIE MELLON NOR ANY STUDENT SHALL BE LIABLE TO COURSE SPONSOR OR ANY THIRD PARTY FOR LOSS OF PROFITS OR FOR INCIDENTAL, EXCEPT AS AND INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER ARISING OUT OF OR RELATING TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND INCLUDING ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS BREACH OF THIS PARAGRAPH SHALL SURVIVE AGREEMENT), EVEN IF CARNEGIE MELLON OR THE CLOSING STUDENT HAS BEEN ADVISED OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPOSSIBILITY OF SUCH DAMAGES OR HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES.

Disclaimers. NOTWITHSTANDING ANYTHING TO IT IS UNDERSTOOD AND AGREED THAT THE CONTRARY HEREINSELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER GOVERNMENTAL LAWS OR REGULATIONS. (INCLUDING, WITHOUT LIMITING LIMITATION, ACCESSIBILITY FOR HANDICAPPED PERSONS), THE FOREGOINGTRUTH, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITYACCURACY, OR FITNESS FOR A PARTICULAR PURPOSECOMPLETENESS OF ANY PROPERTY DOCUMENTS OR ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF THE SELLER TO THE PURCHASER, OR ANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY THE PURCHASER ACKNOWLEDGES AND AGREES THAT THE SELLER SHALL SELL AND TRANSFER TO THE PURCHASER, AND THE PURCHASER SHALL ACCEPT, THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS” AT THE CLOSING, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. THE PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND THE SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESS OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS RELATING THERETO (INCLUDING, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE AMERICANS WITH DISABILITIES ACT AND PROPERTY) MADE OR FURNISHED BY THE SELLER OR ANY CODESREAL ESTATE BROKER, MUNICIPAL ORDINANCES, LAWS, RULESEMPLOYEE, OR REGULATIONS REGARDING RETROFITTING AGENT REPRESENTING OR PLUMBING FIXTURES)PURPORTING TO REPRESENT THE SELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. THE PURCHASER REPRESENTS TO THE SELLER THAT THE 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 THE PURCHASER DEEMS NECESSARY 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 HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON THE SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF THE SELLER OR THE SELLER’S AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES, AND COVENANTS OF THE SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. THE PROVISIONS OF THIS PARAGRAPH SECTION 13 SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTCLOSING.

Disclaimers. NOTWITHSTANDING ANYTHING (a) EXCEPT FOR (i) THE WARRANTIES EXPRESSLY STATED ABOVE IN THIS SECTION 10 AND (ii) ANY WARRANTY, REPRESENTATION OR CONDITION TO THE CONTRARY HEREINEXTENT THE SAME CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, PURCHASER IS PURCHASING THE PROPERTY "AS IS" LICENSOR AND "WHERE IS," ITS AFFILIATES, AGENTS, SUBCONTRACTORS AND WITH ALL FAULTS. COUNTY IS MAKING SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OR UNDER STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF LAW PERFORMANCE OR OTHERWISE, WITH RESPECT TO THE QUALITYINCLUDING, PHYSICAL CONDITIONWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSNON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY LICENSOR AND ITS AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, THAT THE LICENSED PRODUCTS, CONTENT, SUPPORT, SERVICES OR OTHER DELIVERABLES PROVIDED BY OR ON BEHALF OF HABITABILITYLICENSOR WILL SATISFY CUSTOMER’S REQUIREMENTS OR THAT THEIR USE OR OPERATION WILL BE ERROR OR DEFECT FREE OR UNINTERRUPTED, OR THAT ALL SOFTWARE DEFECTS WILL BE CORRECTED. EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 10, (A) THE LICENSED PRODUCTS ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT ANY GUARANTEES REGARDING QUALITY, PERFORMANCE, SUITABILITY, MERCHANTABILITYTIMELINESS, SECURITY, DURABILITY, INTEGRABILITY OR FITNESS ACCURACY, AND (B) CUSTOMER ACCEPTS THE ENTIRE RISK OF AND RESPONSIBILITY FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE USE, QUALITY, PERFORMANCE, SUITABILITY AND RESULTS OF USE OF THE LICENSED PRODUCTS AND ITS OWN AUDIT APPROACH OR BOUND METHODOLOGY. (b) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ANY GUARANTEESOF ITS AFFILIATES, PROMISESDISTRIBUTORS, STATEMENTSAGENTS, SUBCONTRACTORS OR SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS OR DIRECTORS WILL INCREASE THE SCOPE OR OTHERWISE ALTER THE TERMS OF ANY WARRANTY EXPRESSLY STATED IN THIS AGREEMENT OR CREATE ANY NEW REPRESENTATIONS, WARRANTIES OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND CONDITIONS. (c) TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS THAT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS CANNOT BE FULLY DISCLAIMED AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL EXCLUDED UNDER APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION LAW AS CONTEMPLATED BY THIS AGREEMENTSECTION 10.5(a), THEN ANY DIFFERENT OR ADDITONAL LEGALLY REQUIRED WARRANTIES, REPRESENTATIONS OR CONDITIONS, SHALL BE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF SOFTWARE DELIVERY OR SERVICES PERFORMANCE, AS APPLICABLE.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINFULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITING BY US, PURCHASER IS PURCHASING (A) THE PROPERTY "USE OF PLATFORM AND ANY TOKENS ARE SOLD AND OFFERED ON AN “AS IS" ” AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES“AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIEDTOKENS, BY OPERATION INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT; (B) WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORM IS RELIABLE, CURRENT OR ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED; AND (C) WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE USE OF THE PLATFORM OR THE DELIVERY MECHANISM FOR TOKENS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COUNTY Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this section may not apply to you. YOU HEREBY UNDERSTAND THAT THE PLATFORM IS CURRENTLY IN BETA MODE AND IS NOT IN ITS FINAL STATE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL COMPANY OR ANY OF THE COMPANY PARTIES BE LIABLE OR BOUND BY FOR ANY GUARANTEESINDIRECT, PROMISESSPECIAL, STATEMENTSINCIDENTAL, REPRESENTATIONSCONSEQUENTIAL, OR INFORMATION PERTAINING EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE PROPERTY MADE SALE OR FURNISHED BY USE OF THE Platform OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY REAL ESTATE AGENTOTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF Company AND THE Company PARTIES (JOINTLY), BROKERWHETHER IN CONTRACT, EMPLOYEEWARRANTY, SERVANTTORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER PERSON REPRESENTING THEORY, ARISING OUT OF OR PURPORTING RELATING TO REPRESENT COUNTYTHESE TERMS OR THE USE OF OR INABILITY TO USE THE PLATFORM, EXCEPT AS AND EXCEED THE AMOUNT YOU PAY TO US FOR THE EXTENT EXPRESSLY PLATFORM. THE LIMITATIONS SET FORTH HEREININ APPLICABLE SECTIONS HEREIN WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT OF THE COMPANY. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESSome jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, MUNICIPAL ORDINANCESsome of the limitations of this section may not apply to you. In relation to disputes arising between You and 3rd parties or the acts or omissions of 3rd parties, AND OTHER LAWSto the fullest extent permitted by applicable law, RULESyou release Company and the other Company Parties from responsibility, AND REGULATIONS liability, claims, demands and/or damages (INCLUDINGactual and consequential) of every kind and nature, WITHOUT LIMITATIONknown and unknown (including, THE AMERICANS WITH DISABILITIES ACT AND ANY CODESbut not limited to, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURESclaims of negligence). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTYou expressly waive any rights you may have under principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Disclaimers. NOTWITHSTANDING ANYTHING THE SERVICES ARE PROVIDED ON AN “AS IS” AND ‘AS AVAILABLE’ BASIS. LANYON, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE CONTRARY HEREINMAXIMUM EXTENT PERMITTED BY LAW, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING WITHOUT LIMITATION, (I) ANY WARRANTY THAT SERVICES ARE FREE OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITIONERRORS, OR VALUE WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED, (II) ANY IMPLIED WARRANTIES OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM VIRUSES OR ANY OTHER MALICIOUS CODE. COUNTY CLIENT ACKNOWLEDGES THAT USE OF OR CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE SERVICES AND CLIENT DATA. ACCORDINGLY, LANYON CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. IN ORDER TO PROTECT CLIENT’S DATA, LANYON MAY SUSPEND CLIENT’S USE OF THE SERVICES IMMEDIATELY, WITHOUT PRIOR NOTICE, PENDING AN INVESTIGATION, IF ANY BREACH OF SECURITY IS SUSPECTED. CLIENT ACKNOWLEDGES THAT THE SERVICES AVAILABILITY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. LANYON IS NOT LIABLE RESPONSIBLE OR BOUND BY DEEMED TO BE IN DEFAULT FOR ANY GUARANTEESDELAYS, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTDELIVERY FAILURES, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESDAMAGE RESULTING FROM SUCH PROBLEMS, OR REGULATIONS REGARDING RETROFITTING UNAVAILABILITY RELATED TO CLIENT’S APPLICATIONS, CLIENT DATA, OR PLUMBING FIXTURES). CLIENT’S EQUIPMENT, OR THE PROVISIONS ACTS OR OMISSIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING ANY USER OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSERVICES.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "“AS IS" ” AND "“WHERE IS," ” AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESNEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW STATUTORY OR OTHERWISE, WITH RESPECT TO THE QUALITYAND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, PHYSICAL CONDITION, OR VALUE INCLUDING ANY WARRANTIES OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. COUNTY SUBJECT TO OUR EXPRESS WRITTEN WARRANTIES SET FORTH IN THIS AGREEMENT, THE INSPERITY OFFERINGS AND INSPERITY PARTNER OFFERINGS ARE PROVIDED “AS IS”. THERE IS NOT LIABLE NO WARRANTY THAT ANY INSPERITY OFFERING WILL BE UNINTERRUPTED OR BOUND BY ERROR FREE, THAT ANY GUARANTEESDEFECTS WITHIN AN INSPERITY OFFERING WILL BE CORRECTED, PROMISES, STATEMENTS, REPRESENTATIONSTHAT ANY INSPERITY OFFERING WILL MEET YOUR NEEDS OR REQUIREMENTS, OR INFORMATION PERTAINING THAT ANY THIRD PARTY CONTENT OR COMPONENTS SHALL MEET ANY FORM, CONTENT OR ACCURACY STANDARD. YOU DISCLAIM ANY AND ALL WARRANTIES, LIABILITIES OR CLAIMS AGAINST US AND IRREVOCABLY RELEASE US FROM ANY AND ALL DAMAGES ARISING FROM ANY INSPERITY OFFERING PROVIDED TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE YOU, INCLUDING THOSE INSPERITY OFFERINGS FOR WHICH WE ACT SOLELY AS BILLING AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE ANY SUCH LIABILITIES ARE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, RESULT OF OUR GROSS NEGLIGENCE OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTWILLFUL MISCONDUCT.

Disclaimers. NOTWITHSTANDING ANYTHING ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR PROVIDED PURSUANT TO THE CONTRARY HEREINTHIS AGREEMENT (INCLUDING ANY STUDENT WORK PRODUCT), PURCHASER IS PURCHASING THE PROPERTY ARE GRANTED AND/OR PROVIDED ON AN "AS IS" AND "WHERE IS," AND WITH ALL FAULTSBASIS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESPARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, REGARDING ANY MATERIALS PROVIDED BY OPERATION IT, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. COUNTY IS NOT LIABLE WITHOUT LIMITING THE GENERAL NATURE OF THE PRIOR SENTENCE, NEITHER CARNEGIE MELLON NOR ANY STUDENT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING FREEDOM FROM THEFT OF TRADE SECRETS WITH RESPECT TO THE STUDENT WORK PRODUCT. COURSE SPONSOR IS PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON OR ANY STUDENT RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING PROPERTY OR PURPORTING RIGHTS GRANTED AND/OR PROVIDED TO REPRESENT COUNTYIT PURSUANT TO THIS AGREEMENT. NEITHER CARNEGIE MELLON NOR ANY STUDENT SHALL BE LIABLE TO COURSE SPONSOR OR ANY THIRD PARTY FOR LOSS OF PROFITS OR FOR INCIDENTAL, EXCEPT AS AND INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOVER ARISING OUT OF OR RELATING TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND INCLUDING ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS BREACH OF THIS PARAGRAPH SHALL SURVIVE AGREEMENT), EVEN IF CARNEGIE MELLON OR THE CLOSING STUDENT HAS BEEN ADVISED OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT*confidentiality language included* POSSIBILITY OF SUCH DAMAGES OR HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES.

Disclaimers. NOTWITHSTANDING ANYTHING YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE CONTRARY HEREINFULLEST EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS PURCHASING AT YOUR SOLE RISK, AND THE PROPERTY SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN "AS IS" AND "WHERE IS,AS AVAILABLE" AND BASIS, WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF LAW MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR OTHERWISECONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, WITH RESPECT TIMELY, SECURE OR ERROR-FREE. TO THE QUALITYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHYSICAL CONDITIONTHE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR VALUE DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE PROPERTYPOSSIBILITY OF SUCH DAMAGES. THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, THE INCOME DELETION, MISDELIVERY OR EXPENSES FROM THE PROPERTYFAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSPERSONALIZATION SETTINGS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY COMPANY WILL NOT BE LIABLE FOR DAMAGES OF HABITABILITY, SUITABILITY, MERCHANTABILITYANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY PRODUCTS OR TRANSACTIONS OR TRANSFERS RELATING TO PRODUCTS, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY FROM ANY GUARANTEESTHIRD PARTY MATERIALS, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY INCLUDING FROM ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESVIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, AND INCLUDING FROM ANY DISPUTE WITH ANY OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING USER OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSERVICE.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CARE, CUSTODY AND RETURN OF ANY RENTAL ITEM(S), INCLUDING ANY LOSS OR DAMAGE THEREOF, IN ACCORDANCE WITH THIS RENTAL AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PURCHASER IS PURCHASING THE PROPERTY "RENTAL ITEM(S) ARE PROVIDED “AS IS" ” AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESWITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, . YOU AGREE THAT ANY CLAIM WITH RESPECT TO THE RENTAL ITEM(S) OR RENTAL LOCATION, INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM OR RELATED TO (A) THE EXISTENCE, SAFETY, QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, ADEQUACY OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE PURPOSE OF ANY RENTAL ITEM(S), THAT A RENTAL OWNER HAS THE PROPER RIGHTS TO LIST RENTAL ITEM(S) OR BOUND BY THAT THE RENTAL OWNER WILL CONSUMMATE ANY GUARANTEESTRANSACTION; AND/OR (B) THE SAFETY OR ACCESSIBILITY OF A RENTAL LOCATION, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODESKNOWN OR UNKNOWN HAZARDS, MUNICIPAL ORDINANCESHAZARDOUS MATERIALS OR SUBSTANCES, LAWSAIR OR WATER QUALITY, RULESDANGEROUS CONDITIONS, ANIMALS, OR REGULATIONS REGARDING RETROFITTING OTHER CONDITIONS AT SUCH LOCATION, OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING ACTS OR OMISSIONS OF THE TRANSACTION CONTEMPLATED RENTAL OWNER OR INVITEES, LICENSEE OR TRESPASSERS AT THE RENTAL LOCATION OR THE RESULTS OF OR FAILURE TO PERFORM ANY INSPECTION OF THE RENTAL LOCATION BY THIS AGREEMENTUS, INCLUDING CLAIMS RESULTING IN PERSONAL INJURY (INCLUDING DEATH) OR DAMAGE TO OR LOSS OF PERSONAL PROPERTY, ARE SOLELY BETWEEN YOU AND THE APPLICABLE RENTAL OWNER, AND WE HAVE NO LIABILITY WITH RESPECT THERETO EXCEPT SOLELY TO THE EXTENT ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Disclaimers. NOTWITHSTANDING ANYTHING (a) CLIENT REPRESENTS THAT IT IS ENTERING THIS AGREEMENT WITHOUT RELYING UPON ANY XXXXXXX REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. TO THE CONTRARY HEREINMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER IS PURCHASING THE PROPERTY "AS IS" XXXXXXX DISCLAIMS ANY AND "WHERE IS," ALL PROMISES, REPRESENTATIONS AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, BY OPERATION INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, SYSTEM RELIABILITY, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, AND ALL WARRANTIES THAT MAY OTHERWISE BE IMPLIED. COUNTY NO WARRANTIES ARE MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. (b) CLIENT ASSUMES COMPLETE RESPONSIBILITY, WITHOUT ANY RECOURSE AGAINST XXXXXXX, FOR THE SELECTION OF THE MSS TO ACHIEVE CLIENT’S INTENDED RESULTS AND FOR ITS USE OF THE RESULTS OBTAINED FROM THE MSS IN CLIENT’S BUSINESS. CLIENT ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM USE OF THE MSS, INCLUDING THE COMPLETENESS, ACCURACY, AND CONTENT OF SUCH RESULTS. XXXXXXX DOES NOT WARRANT THAT THE MSS WILL MEET CLIENT’S REQUIREMENTS, THAT THE OPERATION OF THE MSS WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT ALL ERRORS WILL BE CORRECTED. (c) THE MSS IS NOT LIABLE DESIGNED OR BOUND BY ANY GUARANTEESPERMITTED TO BE USED IN OR FOR HIGH-RISK OR HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, PROMISESINCLUDING OPERATION OF NUCLEAR FACILITIES, STATEMENTSAIRCRAFT NAVIGATION, REPRESENTATIONSCOMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR INFORMATION PERTAINING ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE MSS COULD LEAD DIRECTLY TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTDEATH, BROKER, EMPLOYEE, SERVANTPERSONAL INJURY, OR OTHER PERSON REPRESENTING SEVERE PHYSICAL OR PURPORTING TO REPRESENT COUNTYPROPERTY DAMAGE (COLLECTIVELY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES"HIGH RISK ACTIVITIES"). THE PROVISIONS XXXXXXX EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING FITNESS OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTMSS FOR HIGH RISK ACTIVITIES.

Disclaimers. NOTWITHSTANDING ANYTHING X. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE CONTRARY HEREINAPP IS AT YOUR SOLE RISK, PURCHASER AND THAT THE APP IS PURCHASING THE PROPERTY PROVIDED "AS IS" AND "WHERE IS,AS AVAILABLE" AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESWITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT . TO THE QUALITYFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PHYSICAL CONDITIONWE, OR VALUE OF THE PROPERTYOUR SUBSIDIARIES, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESAFFILIATES, AND OTHER LAWS, RULES, LICENSORS MAKE NO EXPRESS WARRANTIES AND REGULATIONS HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND SITE, ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESSMART CONTRACT, OR REGULATIONS REGARDING RETROFITTING ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR PLUMBING FIXTURES)RELIABILITY. WITHOUT LIMITING THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING GENERALITY OF THE TRANSACTION CONTEMPLATED FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE APP WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE APP WILL BE ACCURATE, (III) THE APP OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APP WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE WAX BLOCKCHAIN OR THE WAX CLOUD WALLET ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (i) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (ii) SERVER FAILURE OR DATA LOSS; (iii) CORRUPTED WALLET FILES; OR (iv) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIS AGREEMENTTHIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, WAX BLOCKCHAIN OR THE WAX CLOUD WALLET ELECTRONIC WALLET D. NFT PANDA WORLD OF FANTASY ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE WAX BLOCKCHAIN. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED PLATFORM WAX BLOCKCHAIN. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. E. NFT PANDA TEAM IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE WAX BLOCKCHAIN OR THE WAX CLOUD WALLET ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE WAX BLOCKCHAIN, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINPLATFORM, PURCHASER IS PURCHASING ANY PRODUCTS AND SERVICES OFFERED ON THE PROPERTY "PLATFORM, ANY AFFILIATE URL, LINK FORMATS, CONTENT, PLATFORM DOMAIN NAME, AND THE COMPANY’S AFFILIATES’ TRADEMARKS AND LOGOS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF THE COMPANY OR THE COMPANY’S AFFILIATES OR LICENSORS IN CONNECTION WITH THE AGREEMENT (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS .” NEITHER THE COMPANY NOR ANY OF THE COMPANY’S AFFILIATES OR WARRANTIESLICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, BY OPERATION OF LAW STATUTORY, OR OTHERWISE, OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE COMPANY AND THE COMPANY’S AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY , NON- INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY GUARANTEESWARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PROMISES, STATEMENTS, REPRESENTATIONSPERFORMANCE, OR INFORMATION PERTAINING TRADE USAGE. THE COMPANY MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER THE PROPERTY MADE COMPANY NOR ANY OF THE COMPANY’S AFFILIATES OR FURNISHED BY LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY REAL ESTATE AGENTPARTICULAR MANNER, BROKEROR WILL BE UNINTERRUPTED, EMPLOYEEACCURATE, SERVANTFLAWLESS AND ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER THE COMPANY NOR ANY OF THE COMPANY’S AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, DEFECTS, FLAWS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING PLATFORM DISRUPTIONS OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, THE PLATFORM OR ANY DATA, IMAGES, TEXT, OR OTHER PERSON REPRESENTING INFORMATION OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTCONTENT.

Disclaimers. NOTWITHSTANDING ANYTHING ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR PROVIDED PURSUANT TO THE CONTRARY HEREINTHIS AGREEMENT (INCLUDING ANY STUDENT WORK PRODUCT), PURCHASER IS PURCHASING THE PROPERTY ARE GRANTED AND/OR PROVIDED ON AN "AS IS" AND "WHERE IS," AND WITH ALL FAULTSBASIS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESPARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, REGARDING ANY MATERIALS PROVIDED BY OPERATION IT, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. COUNTY IS NOT LIABLE WITHOUT LIMITING THE GENERAL NATURE OF THE PRIOR SENTENCE, NEITHER CARNEGIE MELLON NOR ANY STUDENT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING FREEDOM FROM THEFT OF TRADE SECRETS WITH RESPECT TO THE STUDENT WORK PRODUCT. COURSE SPONSOR IS PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON OR ANY STUDENT RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING PROPERTY OR PURPORTING RIGHTS GRANTED AND/OR PROVIDED TO REPRESENT COUNTYIT PURSUANT TO THIS AGREEMENT. NEITHER CARNEGIE MELLON NOR ANY STUDENT SHALL BE LIABLE TO COURSE SPONSOR OR ANY THIRD PARTY FOR LOSS OF PROFITS OR FOR INCIDENTAL, EXCEPT AS AND INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOVER ARISING OUT OF OR RELATING TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND INCLUDING ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS BREACH OF THIS PARAGRAPH SHALL SURVIVE AGREEMENT), EVEN IF CARNEGIE MELLON OR THE CLOSING STUDENT HAS BEEN ADVISED OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPOSSIBILITY OF SUCH DAMAGES OR HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT FOR ANY LIMITED WARRANTY EXPRESSLY PROVIDED ABOVE, THE CONTRARY HEREINSOFTWARE, PURCHASER IS PURCHASING THE PROPERTY "DOCUMENTATION, ANY RELATED SERVICES ARE PROVIDED “AS IS" ” AND "WHERE IS," COMPANY AND WITH ALL FAULTS. COUNTY IS MAKING ITS LICENSORS PROVIDE NO REPRESENTATIONS OR WARRANTIESOTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT REGARD TO THE QUALITYSOFTWARE, PHYSICAL CONDITIONDOCUMENTATION OR SERVICES. EXCEPT AS SPECIFIED IN THIS SECTION 11, ALL EXPRESS OR VALUE IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISESSATISFACTORY QUALITY, STATEMENTSNON- INTERFERENCE, REPRESENTATIONSACCURACY OF INFORMATIONAL CONTENT, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTARISING FROM A COURSE OF DEALING, BROKERLAW, EMPLOYEE, SERVANTUSAGE, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYTRADE PRACTICE, EXCEPT AS AND ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY COMPANY, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. FURTHER, COMPANY AND ITS LICENSORS DO NOT WARRANT THE RESULTS OF USE OF THE SOFTWARE OR DOCUMENTATION OR THAT THE SOFTWARE IS BUG/ERROR FREE OR THAT ITS USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS ABOVE FAILS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTITS ESSENTIAL PURPOSE.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY EXCEPT AS EXPRESSLY SET FORTH HEREIN, PURCHASER THE SERVICES ARE PROVIDED ON AN AS-IS PURCHASING BASIS ONLY. WITHOUT IN ANY WAY LIMITING THE PROPERTY "AS IS" GENERALITY OF THE FOREGOING, COLLECTIVE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET THE REQUIREMENTS OF ANY PERSON OR WILL OPERATE ERROR-FREE OR CONTINUOUSLY, AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING COLLECTIVE MAKES NO OTHER REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW INCLUDING WARRANTIES OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, REPRESENTATIONS CONCERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTSSUBSCRIBER AGREES THAT COLLECTIVE HAS MADE NO AGREEMENTS, REPRESENTATIONS, OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND THAT NO OTHER STATEMENT ABOUT THE INFORMATION PERTAINING OR SERVICES PROVIDED UNDER THIS AGREEMENT SHALL BE DEEMED TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, BE A WARRANTY EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREINSTATED AS SUCH A WARRANTY IN A MUTUALLY EXECUTED AMENDMENT TO THIS AGREEMENT. PURCHASER SHALL ASSUME THE INFORMATION AVAILABLE THROUGH THE SERVICES DOES NOT REPRESENT COLLECTIVE’S RECOMMENDATIONS. SUBSCRIBER ACKNOWLEDGES THAT THE SERVICES ARE NOT DESIGNED OR INTENDED TO BE RELIED UPON IN ANY ENVIRONMENT IN WHICH THE UNAVAILABILITY OF THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL OR ENVIRONMENTAL DAMAGE. COLLECTIVE ASSUMES NO RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESACCURACY, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESUP-TO-DATE STATUS, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING COMPLETENESS OF THE TRANSACTION CONTEMPLATED PATIENT DATA, NOR FOR SUCH PATIENT DATA’S SUFFICIENCY WITH ANY LEGAL STANDARD. SUBSCRIBER ALSO ACKNOWLEDGES AND AGREES THAT THE SERVICES AND PATIENT DATA ARE NOT INTENDED TO BE MEDICAL ADVICE OR INSTRUCTIONS FOR MEDICAL DIAGNOSIS, TREATMENT, OR CARE OF PERSONS BY THIS AGREEMENTCOLLECTIVE AND THAT THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, EXAMINATION, DIAGNOSIS, OR TREATMENT AND SHOULD NOT BE USED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE WITHOUT THE SUPERVISION OF A DOCTOR OR QUALIFIED HEALTHCARE PROVIDER. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT COLLECTIVE DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (A) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE DATA, WEBSITES, COMPUTERS, OR NETWORKS AND THAT COLLECTIVE WILL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES EXCEPT TO THE EXTENT THAT SUCH ACTIVITIES ARE CAUSED BY COLLECTIVE’S BREACH OF ITS INFORMATION SECURITY OBLIGATIONS HEREUNDER. IN NO EVENT SHALL COLLECTIVE BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR DAMAGES CAUSED BY A ZERO-DAY SECURITY EVENT.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER BUT WITHOUT LIMITING OR EXPANDING ANYTHING UNDER THE TRANSITION SERVICES AGREEMENT OR THE REPRESENTATIONS AND WARRANTIES IN SECTIONS 6.02(a)-(c) ABOVE, THE CO-DEVELOPED SOFTWARE, AND ALL SOFTWARE LICENSED UNDER THIS AGREEMENT, IS PURCHASING THE PROPERTY "FURNISHED “AS IS" AND "WHERE IS," AND ”, WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESFAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, BY OPERATION OF LAW STATUTORY OR OTHERWISE, WITH RESPECT TO THE INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, PHYSICAL CONDITIONUSEFULNESS, COMMERCIAL UTILITY, ADEQUACY, COMPLIANCE WITH ANY LAW, DOMESTIC OR VALUE FOREIGN, AND IMPLIED WARRANTIES ARISING FROM COURSE OF THE PROPERTY, THE INCOME DEALING OR EXPENSES FROM THE PROPERTY, COURSE OF PERFORMANCE OR THE COMPLIANCE VALIDITY OF THE ANY INTELLECTUAL PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSTHEREIN. WITHOUT LIMITING THE FOREGOINGFOREGOING OR LIMITING OR EXPANDING ANYTHING IN THE TRANSITION SERVICES AGREEMENT, COUNTY MAKES NO WARRANTY EXCEPT FOR CLAIMS ARISING FROM FRAUD, WILLFUL MISCONDUCT ON THE PART OF HABITABILITYA PARTY OR A BREACH OF ARTICLE V BY A PARTY, SUITABILITYNEITHER PARTY SHALL HAVE ANY LIABILITY WHATSOEVER TO THE OTHER PARTY OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, MERCHANTABILITYLOSS, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE DAMAGE, OF ANY KIND OR BOUND BY ANY GUARANTEESNATURE, PROMISES, STATEMENTS, REPRESENTATIONSSUSTAINED BY, OR INFORMATION PERTAINING TO THE PROPERTY MADE ANY DAMAGE ASSESSED OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTASSERTED AGAINST, OR ANY OTHER PERSON REPRESENTING LIABILITY INCURRED BY OR PURPORTING TO REPRESENT COUNTYIMPOSED ON SUCH OTHER PARTY OR ANY OTHER PERSON, EXCEPT AS AND TO INCLUDING ANY SUCH LIABILITY ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (I) THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY MANUFACTURE, USE, OFFER FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESSALE, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESSALE, OR REGULATIONS REGARDING RETROFITTING IMPORT OF ANY PRODUCTS OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING PRACTICE OF THE TRANSACTION CONTEMPLATED BY CO-DEVELOPED SOFTWARE OR ANY SOFTWARE LICENSED UNDER THIS AGREEMENT; (II) THE USE OF OR ANY ERRORS OR OMISSIONS IN ANY SUCH CO-DEVELOPED SOFTWARE OR ANY SUCH SOFTWARE LICENSED UNDER THIS AGREEMENT; OR (III) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES CONCERNING ANY OF THE FOREGOING.

Disclaimers. NOTWITHSTANDING ANYTHING ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR PROVIDED PURSUANT TO THE CONTRARY HEREINTHIS AGREEMENT (INCLUDING ANY STUDENT WORK PRODUCT), PURCHASER IS PURCHASING THE PROPERTY ARE GRANTED AND/OR PROVIDED ON AN "AS IS" AND "WHERE IS," AND WITH ALL FAULTSBASIS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESPARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, REGARDING ANY MATERIALS PROVIDED BY OPERATION IT, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. COUNTY IS NOT LIABLE WITHOUT LIMITING THE GENERAL NATURE OF THE PRIOR SENTENCE, NEITHER CARNEGIE MELLON NOR ANY STUDENT MAKES ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING FREEDOM FROM THEFT OF TRADE SECRETS WITH RESPECT TO THE STUDENT WORK PRODUCT. COURSE SPONSOR IS PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON OR ANY STUDENT RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING PROPERTY OR PURPORTING RIGHTS GRANTED AND/OR PROVIDED TO REPRESENT COUNTY, EXCEPT AS AND IT PURSUANT TO THIS AGREEMENT. NEITHER CARNEGIE MELLON NOR ANY STUDENT SHALL BE LIABLE TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY COURSE SPONSOR OR ANY THIRD PARTY FOR ALL COSTS AND EXPENSES REQUIRED LOSS OF PROFITS OR FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOVER ARISING OUT OF OR RELATING TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND INCLUDING ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS BREACH OF THIS PARAGRAPH SHALL SURVIVE AGREEMENT), EVEN IF CARNEGIE MELLON OR THE CLOSING STUDENT HAS BEEN ADVISED OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPOSSIBILITY OF SUCH DAMAGES OR HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES.

Disclaimers. NOTWITHSTANDING ANYTHING EXCEPT FOR THE WARRANTIES PROVIDED IN THIS SECTION 9 AND TO THE CONTRARY HEREINMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER IS PURCHASING CUSTOMER ACKNOWLEDGES THAT THE PROPERTY "PRODUCTS, AND THIRD-PARTY CONTENT ARE PROVIDED “AS IS" ” AND "WHERE IS," AND “WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR ,” AND SUPPLIER DISCLAIMS ALL OTHER WARRANTIES, WHETHER REPRESENTATIONS, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION INCLUDING THE IMPLIED WARRANTY AND CONDITION OF LAW OR OTHERWISE, WITH RESPECT TO THE MERCHANTABLE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE USE OF REASONABLE SKILL AND CARE. COUNTY IS WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (1) SUPPLIER DOES NOT LIABLE WARRANT THAT THE PRODUCTS WILL MEET ALL OF CUSTOMER’S REQUIREMENTS OR BOUND BY ANY GUARANTEESEXPECTATIONS, PROMISES, STATEMENTSOR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE; (2) SUPPLIER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR INFORMATION PERTAINING CONDITIONS WITH RESPECT TO ANY THIRD-PARTY CONTENT PROVIDED WITH OR AS PART OF THE PROPERTY MADE PRODUCTS; AND (3) SUPPLIER DISCLAIMS ALL LIABILITY FOR ANY THIRD PARTY’S PRIVACY OR FURNISHED DATA SECURITY PRACTICES. SUPPLIER’S LIMITED WARRANTIES DO NOT APPLY TO ANY PRODUCT WHICH HAS BEEN MODIFIED OR ALTERED IN ANY MANNER BY ANY REAL ESTATE AGENTANYONE OTHER THAN SUPPLIER, BROKER, EMPLOYEE, SERVANTITS AFFILIATES, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYITS PERSONNEL. Some jurisdictions may not allow the exclusion of certain or any express or implied warranties, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREINrepresentations, guarantees, or conditions, so the above disclaimers many not apply to Customer. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESNothing in the Agreement excludes, MUNICIPAL ORDINANCESrestricts, AND OTHER LAWSor modifies any right or remedy, RULESor any guarantee, AND REGULATIONS (INCLUDINGrepresentation, WITHOUT LIMITATIONwarranty, THE AMERICANS WITH DISABILITIES ACT AND ANY CODEScondition or other term, MUNICIPAL ORDINANCESimplied or imposed by any applicable law which cannot lawfully be excluded or limited. The Parties agree that it is Customer’s responsibility to determine if the Products are suitable for Customer’s requirements. No other terms, LAWSconditions, RULESrepresentations, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTwarranties or guarantees, whether written or oral, express or implied, will form a part of the Agreement or have any legal effect whatsoever.

Disclaimers. NOTWITHSTANDING ANYTHING a. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE SOCIAL TABLES PLATFORM IS PROVIDED “AS IS,” AND NEITHER SOCIAL TABLES NOR ANY OF ITS PROVIDERS, LICENSORS, OFFICERS, EMPLOYEES, OR AGENTS MAKES ANY WARRANTY, CONDITION OR GUARANTEE WITH RESPECT TO THE CONTRARY HEREINSOCIAL TABLES PLATFORM OR AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SOCIAL TABLES PLATFORM, PURCHASER UNDER THIS AGREEMENT OR OTHERWISE. THE PURCHASE OF ACCESS TO AND USE OF THE SOCIAL TABLES PLATFORM IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND MADE WITH KNOWLEDGE OF THIS WARRANTY LIMITATION. SOCIAL TABLES EXPRESSLY DISCLAIMS ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR OTHER WARRANTIES, WHETHER CONDITIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF LAW OR OTHERWISEMERCHANTABILITY, WITH RESPECT TO THE NONINFRINGEMENT, SATISFACTORY QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS SOCIAL TABLES DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR UNAUTHORIZED USE OR MISUSE OF THE SOCIAL TABLES PLATFORM. b. WITHOUT PREJUDICE TO OR LIMITING OF SOCIAL TABLES’ RIGHT TO RECEIVE PAYMENT FOR ACCESS TO AND USE OF THE SOCIAL TABLES PLATFORM, SOCIAL TABLES’ ENTIRE LIABILITY FOR ALL CLAIMS OF WHATEVER NATURE (INCLUDING CLAIMS BASED ON NEGLIGENCE) ARISING OUT OF THIS AGREEMENT AND ALL OTHERS BETWEEN CUSTOMER AND SOCIAL TABLES, AND THE PROVISION BY SOCIAL TABLES OF FACILITIES, TRANSMISSION, DATA, SOCIAL TABLES PLATFORM OR EQUIPMENT INCLUDING, BUT NOT LIABLE OR BOUND BY ANY GUARANTEESLIMITED TO, PROMISESDAMAGE TO REAL/PERSONAL PROPERTY, STATEMENTSSHALL NOT EXCEED, REPRESENTATIONSIN THE AGGREGATE, THE LESSER OF (i) TEN THOUSAND DOLLARS ($10,000.00), OR (ii) THE FEES PAID TO SOCIAL TABLES HEREUNDER IN THE TWELVE MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATIONS SHALL NOT APPLY TO ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. c. CUSTOMER RECOGNIZES THAT THE INTERNET CONSISTS OF MULTIPLE PARTICIPATING NETWORKS THAT ARE SEPARATELY OWNED AND NOT SUBJECT TO SOCIAL TABLES’ CONTROL. CUSTOMER AGREES THAT SOCIAL TABLES SHALL NOT BE LIABLE FOR DAMAGES INCURRED OR SUMS PAID WHEN THE SOCIAL TABLES PLATFORM IS TEMPORARILY OR PERMANENTLY UNAVAILABLE DUE TO MALFUNCTION OF, OR CESSATION OF, INTERNET SERVICES BY NETWORK(S) OR INTERNET SERVICE PROVIDERS NOT SUBJECT TO SOCIAL TABLES’ CONTROL, OR FOR TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF CUSTOMER INFORMATION PERTAINING CARRIED ON SUCH NETWORKS OR INTERNET SERVICE PROVIDERS OR AS A RESULT OF THE DISCONNECTION FROM OR UNAVAILABILITY OF ANY NETWORK. d. CUSTOMER ACKNOWLEDGES THAT THE SOCIAL TABLES PLATFORM RELIES ON BLUEPRINTS THAT ARE PROVIDED BY CUSTOMER OR THAT MAY BE CREATED BY SOCIAL TABLES, AND THAT THE SOCIAL TABLES PLATFORM MATHEMATICALLY EXTRAPOLATES DATA DETERMINED FROM SUCH BLUEPRINTS, AND UNDERSTANDS THAT SUCH BLUEPRINTS AND DATA MAY CONTAIN ERRORS OR INACCURACIES, AND THAT SUCH DATA WHEN USED BY THE SOCIAL TABLES PLATFORM MAY PERMIT CONFIGURATIONS THAT VIOLATE THE LAWS, RULES OR REGULATIONS OF THE JURISDICTION IN WHICH THE FACILITY REPRESENTED IN SUCH BLUEPRINT IS LOCATED (WHETHER BY OVERRIDE BY CUSTOMER OR BY FUNCTION OF THE SOCIAL TABLES PLATFORM). CONSEQUENTLY, CUSTOMER AGREES THAT IT IS SOLELY RESPONSIBLE FOR ENSURING THAT THE PLANS GENERATED BY THE SOCIAL TABLES PLATFORM ARE SUITABLE FOR THE CONTEMPLATED EVENT AND WILL IN PRACTICE ACTUALLY PERMIT THE USE OF THE SPACE CONTEMPLATED IN SUCH PLAN AND THAT SUCH PLAN COMPLIES WITH ALL LAWS, RULES AND REGULATIONS APPLICABLE IN THE LOCAL JURISDICTION FOR WHICH THE PLAN HAS BEEN CREATED. THE PARTIES ACKNOWLEDGE THAT THIS SECTION 10(d) SHALL NOT BE APPLICABLE TO THE PROPERTY MADE SYSTEM. e. NEITHER SOCIAL TABLES NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING (INCLUDING SUSPENDING OR FURNISHED BY DISCONTINUING SOCIAL TABLES PLATFORM) OR SUPPORTING THE SOCIAL TABLES PLATFORM SHALL BE LIABLE TO CUSTOMER, ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTREPRESENTATIVE, OR OTHER PERSON REPRESENTING ANY THIRD PARTY FOR (i) ANY DAMAGES CAUSED BY CUSTOMER’S FAILURE OR PURPORTING THAT OF CUSTOMER’S CLIENTS, INVITEES, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS TO REPRESENT COUNTYPERFORM THEIR RESPONSIBILITIES; (ii) ANY CLAIMS OR DEMANDS OF THIRD PARTIES; or (iii) ANY INDIRECT, EXCEPT AS AND INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SOCIAL TABLES PLATFORM OR INABILITY TO USE THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESSOCIAL TABLES PLATFORM, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODESLOST REVENUE, MUNICIPAL ORDINANCESLOST PROFITS, LAWSLOSS OF TECHNOLOGY OR OTHER RIGHTS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING EVEN IF ADVISED OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPOSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) EVEN IF SOCIAL TABLES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. f. These limitations of liability will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in this Agreement.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN(a) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.02, PURCHASER IS PURCHASING THE PROPERTY "AS IS" MAYO HAS NOT MADE AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO DOES NOT MAKE ANY PROMISES, COVENANTS, GUARANTEES, REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY NATURE, WHETHER EXPRESS DIRECTLY OR INDIRECTLY, EXPRESS, STATUTORY OR IMPLIED, BY OPERATION OF LAW OR OTHERWISEINCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, DURABILITY, CONDITION, QUALITY OR ANY OTHER CHARACTERISTIC OF THE PATENT RIGHTS, KNOW-HOW, LICENSED MATERIALS OR CONFIDENTIAL INFORMATION. (b) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.02, THE PATENT RIGHTS, KNOW-HOW, LICENSED MATERIALS AND CONFIDENTIAL INFORMATION ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “WITH ALL DEFECTS,” AND COMPANY EXPRESSLY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST MAYO FOR MISREPRESENTATION OR FOR BREACH OF PROMISE, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE PATENT RIGHTS, KNOW-HOW, LICENSED MATERIALS OR CONFIDENTIAL INFORMATION. COUNTY IS MAYO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO: THE SCOPE, VALIDITY OR ENFORCEABILITY OF THE PATENT RIGHTS, KNOW-HOW, LICENSED MATERIALS AND CONFIDENTIAL INFORMATION; THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION; OR THAT THE USE, SALE, OFFER FOR SALE OR IMPORTATION OF THE LICENSED PRODUCT, PATENT RIGHTS, KNOW-HOW OR LICENSED MATERIALS WILL NOT INFRINGE OTHER INTELLECTUAL PROPERTY RIGHTS. NOTHING IN THIS AGREEMENT WILL BE CONSTRUED AS AN OBLIGATION FOR MAYO TO BRING, PROSECUTE OR DEFEND ACTIONS REGARDING THE PATENT RIGHTS, KNOW-HOW, LICENSED MATERIALS AND CONFIDENTIAL INFORMATION. Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. FINAL License Agreement page 15 of 22 MAYO [***]/ Evelo 8/07/2017 (c) COMPANY AGREES THAT MAYO AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR BOUND DAMAGE CAUSED BY OR ARISING OUT OF ANY GUARANTEESRIGHTS GRANTED OR PERFORMANCE MADE UNDER THIS AGREEMENT, PROMISESWHETHER TO OR BY COMPANY, STATEMENTSSUBLICENSEE OR A THIRD PARTY. IN NO EVENT WILL MAYO’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, REPRESENTATIONSINDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, EVEN IF MAYO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR INFORMATION PERTAINING EXCEED THE TOTAL AMOUNT OF ROYALTIES THAT HAVE ACTUALLY BEEN PAID TO THE PROPERTY MADE OR FURNISHED MAYO BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT COMPANY AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTDATE OF FILING AN ACTION AGAINST MAYO THAT RESULTS IN THE SETTLEMENT OR AWARD OF DAMAGES TO COMPANY.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN(a) MAYO HAS NOT MADE AND DOES NOT MAKE ANY PROMISES, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO COVENANTS, GUARANTEES, REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY NATURE, WHETHER EXPRESS DIRECTLY OR INDIRECTLY, EXPRESS, STATUTORY OR IMPLIED, BY OPERATION OF LAW OR OTHERWISEINCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE , SUITABILITY, DURABILITY, CONDITION, QUALITY OR BOUND BY ANY GUARANTEESOTHER CHARACTERISTIC OF THE MAYO THIN FILM ELECTRODE KNOW-HOW, PROMISES, STATEMENTS, REPRESENTATIONSMAYO IMPROVEMENTS, OR CONFIDENTIAL INFORMATION. (b) MAYO THIN FILM ELECTRODE KNOW-HOW, MAYO IMPROVEMENTS, AND CONFIDENTIAL INFORMATION PERTAINING ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “WITH ALL DEFECTS,” AND COMPANY EXPRESSLY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST MAYO FOR MISREPRESENTATION OR FOR BREACH OF PROMISE, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTMAYO THIN FILM ELECTRODE KNOW-HOW, BROKER, EMPLOYEE, SERVANTMAYO IMPROVEMENTS, OR OTHER PERSON REPRESENTING CONFIDENTIAL INFORMATION. MAYO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR PURPORTING TO REPRESENT COUNTYTRADE PRACTICE, EXCEPT AS AND TO WITH RESPECT TO: THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE SCOPE, VALIDITY OR ENFORCEABILITY OF THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESMAYO THIN FILM ELECTRODE KNOW-HOW, MUNICIPAL ORDINANCESMAYO IMPROVEMENTS, AND OTHER LAWS, RULESCONFIDENTIAL INFORMATION; THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION; OR THAT THE USE OF THE MAYO IMPROVEMENTS, AND REGULATIONS MAYO THIN FILM ELECTRODE KNOW-HOW WILL NOT INFRINGE OTHER INTELLECTUAL PROPERTY RIGHTS. NOTHING IN THIS AGREEMENT WILL BE CONSTRUED AS AN OBLIGATION FOR MAYO TO BRING, PROSECUTE OR DEFEND ACTIONS REGARDING THE MAYO THIN FILM ELECTRODE KNOW-HOW, MAYO IMPROVEMENTS, AND CONFIDENTIAL INFORMATION. * Information redacted pursuant to a confidential treatment request and submitted separately with the Securities and Exchange Commission. MAYO / NEURO ONE (INCLUDINGMayo file #2014-220 and 2007-127) 5/25/2017 (c) COMPANY AGREES THAT MAYO AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING OUT OF ANY RIGHTS GRANTED OR PERFORMANCE MADE UNDER THIS AGREEMENT, WITHOUT LIMITATIONWHETHER TO OR BY COMPANY OR A THIRD PARTY. IN NO EVENT WILL MAYO’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, EVEN IF MAYO HAS BEEN ADVISED OF THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESPOSSIBILITY OF SUCH DAMAGES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). EXCEED THE PROVISIONS TOTAL AMOUNT OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING ROYALTIES THAT HAVE ACTUALLY BEEN PAID TO MAYO BY COMPANY AS OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTDATE OF FILING AN ACTION AGAINST MAYO THAT RESULTS IN THE SETTLEMENT OR AWARD OF DAMAGES TO COMPANY.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND NEITHER COX NOR ANY OF ITS AFFILIATES (NOR ANY THIRD PARTY LICENSORS) MAKE ANY REPRESENTATION OR WARRANTY TO CUSTOMER OR ANY OTHER PERSON WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS RESPECT TO ANY XXX PRODUCT (OR WARRANTIESANY THIRD PARTY MATERIALS OR THIRD PARTY INTERFACES), WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW INCLUDING ANY EXPRESS OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, IMPLIED REPRESENTATION OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITYLEGALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER REPRESENTATION OR WARRANTY OF ANY TYPE OR NATURE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COUNTY IS NOT LIABLE WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXX MAKES NO REPRESENTATION, WARRANTY OR BOUND BY COMMITMENT: (A) THE XXX PRODUCTS ARE SUITABLE FOR ANY GUARANTEESSPECIFIC PURPOSE, PROMISESINCLUDING ANY ADVICE REGARDING THE VALUE, STATEMENTSCOSTS, REPRESENTATIONSPROFIT TARGETS, QUALITY OR SUITABILITY OF ANY PARTICULAR TRANSACTION, SALES STRATEGY OR OTHER BUSINESS PRACTICE; (B) AS TO THE ACCURACY OF ANY CONTENT OR DATA MADE AVAILABLE TO CUSTOMER THROUGH OR IN CONNECTION WITH THE XXX PRODUCTS; OR (C) THE COX PRODUCTS WILL OPERATE ERROR-FREE, WITHOUT INTERRUPTION OR IN ACCORDANCE WITH ANY SPECIFICATIONS. IN NO WAY DOES ANY XXX PRODUCT OR OTHER MATERIALS OR INFORMATION PERTAINING TO THE PROPERTY MADE PROVIDED BY COX OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS ITS AFFILIATES (INCLUDING, AS APPLICABLE AND WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODESFORM CONTRACTS, MUNICIPAL ORDINANCESMENUS, LAWSDISCLAIMERS, RULESPRIVACY POLICIES, OR REGULATIONS REGARDING RETROFITTING TERMS AND CONDITIONS) CONSTITUTE LEGAL ADVICE. XXX IS NOT ENGAGED IN THE PRACTICE OF LAW OR PLUMBING FIXTURES)IN PROVIDING LEGAL OR COMPLIANCE SERVICES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTACCORDINGLY, CUSTOMER SHOULD CONSULT WITH ITS OWN LEGAL ADVISOR FOR LEGAL ADVICE RELATING TO ANY XXX PRODUCT.

Disclaimers. NOTWITHSTANDING ANYTHING EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY HEREININ A WRITING BY NUMBERS, PURCHASER IS PURCHASING THE PROPERTY "SITE CONTENT CONTAINED THEREIN, AND XVCARE PROVIDED ON AN “AS IS" ” AND "WHERE IS," “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NUMBERS (AND WITH ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE: A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. NUMBERS DISCLAIMS ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OTHER WARRANTIES OR WARRANTIESCONDITIONS, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT AS TO THE SITE, CONTENT CONTAINED THEREIN AND XVC. COUNTY NUMBERS DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR BOUND BY TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. WHILE NUMBERS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE, CONTENT AND XVC SAFE, NUMBERS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, XVC OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY GUARANTEESDATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF XVC, PROMISESINCLUDING BUT NOT LIMITED TO ANY LOSSES, STATEMENTSDAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, REPRESENTATIONSINCORRECTLY CONSTRUCTED TRANSACTIONS, OR INFORMATION PERTAINING MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTUSE OF VIRUSES, BROKERPHISHING, EMPLOYEE, SERVANT, BRUTEFORCING OR OTHER PERSON REPRESENTING MEANS OF ATTACK AGAINST THE SITE OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREINXVC. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES)XVC IS AN INTANGIBLE DIGITAL ASSET. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING XVCEXISTS ONLY BY VIRTUE OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTOWNERSHIP RECORD MAINTAINED IN THE EOS NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY XVC OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE EOS PLATFORM. WE DO NOT GUARANTEE THAT NUMBERS OR ANY NUMBERS PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY XVC. Numbers is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the XVC. Numbers is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting XVC including forks, technical node issues or any other issues having fund losses as a result. Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Disclaimers. NOTWITHSTANDING ANYTHING ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR PROVIDED PURSUANT TO THE CONTRARY HEREINTHIS AGREEMENT (INCLUDING ANY STUDENT WORK PRODUCT), PURCHASER IS PURCHASING THE PROPERTY ARE GRANTED AND/OR PROVIDED ON AN "AS IS" AND "WHERE IS," AND WITH ALL FAULTSBASIS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESPARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, REGARDING ANY MATERIALS PROVIDED BY OPERATION IT, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. COUNTY IS NOT LIABLE WITHOUT LIMITING THE GENERAL NATURE OF THE PRIOR SENTENCE, NEITHER CARNEGIE MELLON NOR ANY STUDENT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING FREEDOM FROM THEFT OF TRADE SECRETS WITH RESPECT TO THE STUDENT WORK PRODUCT. COURSE SPONSOR IS PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON OR ANY STUDENT RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING PROPERTY OR PURPORTING RIGHTS GRANTED AND/OR PROVIDED TO REPRESENT COUNTYIT PURSUANT TO THIS AGREEMENT. NEITHER CARNEGIE MELLON NOR ANY STUDENT SHALL BE LIABLE TO EDUCATIONAL PROJECT SPONSOR OR ANY THIRD PARTY FOR LOSS OF PROFITS OR FOR INCIDENTAL, EXCEPT AS AND INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOVER ARISING OUT OF OR RELATING TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND INCLUDING ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS BREACH OF THIS PARAGRAPH SHALL SURVIVE AGREEMENT), EVEN IF CARNEGIE MELLON OR THE CLOSING STUDENT HAS BEEN ADVISED OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT*confidentiality language included* POSSIBILITY OF SUCH DAMAGES OR HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "NUANCE SERVICES ARE PROVIDED “AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING .” NUANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE NUANCE SERVICES, INCLUDING ANY WARRANTY THAT THE NUANCE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, NUANCE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIEDINCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE SATISFACTORY QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONSNON-INFRINGEMENT, OR INFORMATION PERTAINING QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. 10 LIMITATION OF LIABILITY. IN NO EVENT WILL NUANCE OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO THE PROPERTY MADE YOU OR FURNISHED BY ANY REAL ESTATE AGENTTHIRD PARTY FOR ANY DIRECT, BROKERINDIRECT, EMPLOYEEINCIDENTAL, SERVANTSPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYEXEMPLARY DAMAGES, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY INCLUDING BUT NOT LIMITED TO, DAMAGES FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESLOSS OF PROFITS, MUNICIPAL ORDINANCESLOSS OF DATA, AND OTHER LAWSLOSS OF USE, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESBUSINESS INTERRUPTION, OR REGULATIONS REGARDING RETROFITTING COST OF COVER, ARISING FROM THE USE OF THE NUANCE SERVICE, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. XXXXXX’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER OR PLUMBING FIXTURESIN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED TEN THOUSAND DOLLARS US ($10,000.00 US). THE PROVISIONS EXISTENCE OF THIS PARAGRAPH MORE THAN ONE CLAIM SHALL SURVIVE NOT ENLARGE OR EXTEND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTLIMIT.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN(a) MAYO HAS NOT MADE AND DOES NOT MAKE ANY PROMISES, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO COVENANTS, GUARANTEES, REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY NATURE, WHETHER EXPRESS DIRECTLY OR INDIRECTLY, EXPRESS, STATUTORY OR IMPLIED, BY OPERATION OF LAW OR OTHERWISEINCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, DURABILITY, CONDITION, QUALITY OR ANY OTHER CHARACTERISTIC OF THE MAYO RIGHTS AND INFORMATION. (b) MAYO RIGHTS AND INFORMATION ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “WITH ALL DEFECTS,” AND COMPANY EXPRESSLY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST MAYO FOR MISREPRESENTATION OR FOR BREACH OF PROMISE, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE MAYO RIGHTS AND INFORMATION. COUNTY IS NOT LIABLE OR BOUND BY MAYO EXPRESSLY DISCLAIMS ANY GUARANTEESIMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, PROMISES, STATEMENTS, REPRESENTATIONSUSAGE, OR INFORMATION PERTAINING TRADE PRACTICE, (i) WITH RESPECT TO THE SCOPE, VALIDITY OR ENFORCEABILITY OF THE MAYO RIGHTS AND INFORMATION; (ii) THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION; OR (iii) THAT THE USE, SALE, OFFER FOR SALE OR IMPORTATION OF THE LICENSED PRODUCT WILL NOT INFRINGE OTHER INTELLECTUAL PROPERTY MADE RIGHTS. XXXX FURTHER MAKES NO REPRESENTATION OR FURNISHED BY WARRANTY TO COMPANY AS TO ANY REAL ESTATE AGENTFUTURE REGULATORY PROCESSES OR PROCEEDINGS, BROKER, EMPLOYEE, SERVANTTESTING, OR OTHER PERSON REPRESENTING FINANCIAL OR PURPORTING PERFORMANCE PROJECTIONS DELIVERED TO REPRESENT COUNTYOR MADE AVAILABLE TO COMPANY. NOTHING IN THIS AGREEMENT WILL BE CONSTRUED AS AN OBLIGATION FOR MAYO TO BRING, EXCEPT AS PROSECUTE OR DEFEND ACTIONS REGARDING THE MAYO RIGHTS AND INFORMATION. (c) COMPANY AGREES THAT MAYO AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING OUT OF THE USE OR PRACTICE BY COMPANY, SUBLICENSEE OR A THIRD PARTY OF ANY RIGHTS GRANTED HEREUNDER, OR PERFORMANCE MADE BY COMPANY UNDER THIS AGREEMENT, UNLESS SUCH LOSS OR DAMAGE IS DUE TO THE EXTENT EXPRESSLY SET FORTH HEREINGROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF MAYO. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT[***].

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN(a) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.02, PURCHASER IS PURCHASING THE PROPERTY "AS IS" MAYO HAS NOT MADE AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO DOES NOT MAKE ANY PROMISES, COVENANTS, GUARANTEES, REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY NATURE, WHETHER EXPRESS DIRECTLY OR INDIRECTLY, EXPRESS, STATUTORY OR IMPLIED, BY OPERATION OF LAW OR OTHERWISEINCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, DURABILITY, CONDITION, QUALITY OR ANY OTHER CHARACTERISTIC OF THE PATENT RIGHTS, KNOW-HOW, LICENSED MATERIALS OR CONFIDENTIAL INFORMATION. (b) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.02, THE PATENT RIGHTS, KNOW-HOW, LICENSED MATERIALS AND CONFIDENTIAL INFORMATION ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “WITH ALL DEFECTS,” AND COMPANY EXPRESSLY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST MAYO FOR MISREPRESENTATION OR FOR BREACH OF PROMISE, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE PATENT RIGHTS, KNOW-HOW, LICENSED MATERIALS OR CONFIDENTIAL INFORMATION. COUNTY IS MAYO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO: THE SCOPE, VALIDITY OR ENFORCEABILITY OF THE PATENT RIGHTS, KNOW-HOW, LICENSED MATERIALS AND CONFIDENTIAL INFORMATION; THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION; OR THAT THE USE, SALE, OFFER FOR SALE OR IMPORTATION OF THE LICENSED PRODUCT, PATENT RIGHTS, KNOW-HOW OR LICENSED MATERIALS WILL NOT INFRINGE OTHER INTELLECTUAL PROPERTY RIGHTS. NOTHING IN THIS AGREEMENT WILL BE CONSTRUED AS AN OBLIGATION FOR MAYO TO BRING, PROSECUTE OR DEFEND ACTIONS REGARDING THE PATENT RIGHTS, KNOW-HOW, LICENSED MATERIALS AND CONFIDENTIAL INFORMATION. (c) COMPANY AGREES THAT MAYO AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR BOUND DAMAGE CAUSED BY OR ARISING OUT OF ANY GUARANTEESRIGHTS GRANTED OR PERFORMANCE MADE UNDER THIS AGREEMENT, PROMISESWHETHER TO OR BY COMPANY, STATEMENTSSUBLICENSEE OR A THIRD PARTY. IN NO EVENT WILL MAYO’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, REPRESENTATIONSINDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, EVEN IF MAYO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR INFORMATION PERTAINING EXCEED THE TOTAL AMOUNT OF ROYALTIES THAT HAVE ACTUALLY BEEN PAID TO MAYO BY COMPANY AS OF THE PROPERTY MADE DATE OF FILING AN ACTION AGAINST MAYO THAT RESULTS IN THE SETTLEMENT OR FURNISHED BY ANY REAL ESTATE AGENTAWARD OF DAMAGES TO COMPANY. [***] Certain information in this document has been excluded pursuant to Regulation S-K, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS Item (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES601)(b)(10). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSuch excluded information is both (i) not material and (ii) the type that the Registrant treats as private or confidential.

Disclaimers. NOTWITHSTANDING ANYTHING YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE CONTRARY HEREINEXTENT PERMITTED BY APPLICABLE LAW, PURCHASER YOUR USE OF COMPANY PROPERTIES IS PURCHASING THE PROPERTY "AT YOUR SOLE RISK, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 8, COMPANY PROPERTIES ARE PROVIDED ON AN “AS IS" ” AND "WHERE IS," AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 8 COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT RELATING TO THE QUALITYCOMPANY PROPERTIES, PHYSICAL CONDITIONINCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES ARISING OUT OF OR RELATING TO ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, OR VALUE ANY IMPLIED WARRANTIES OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. COUNTY IS NOT 9 LIMITATION OF LIABILITY. 9.1 Disclaimer of Certain Damages. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR BOUND BY ANY GUARANTEESDATA, PROMISESINDIRECT, STATEMENTSINCIDENTAL, REPRESENTATIONSSPECIAL, OR INFORMATION PERTAINING CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE COMPANY PROPERTIES OR THIS AGREEMENT, ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF OR RESULTING FROM: (A) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (D) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING DISCLAIMER OF LIABILITY SHALL NOT APPLY TO LIABILITY OF COMPANY FOR ANY INJURY CAUSED BY COMPANY’S FRAUD OR FRAUDULENT MISREPRESENTATION. 9.2 Cap on Liability. COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PROPERTY MADE COMPANY PROPERTIES OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND THIS AGREEMENT SHALL AT ALL TIMES BE LIMITED TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS GREATER OF (A) THE TOTAL AMOUNT PAID TO COMPANY OR RESELLER BY YOU DURING THE SIX (6) MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES)B) $100. THE PROVISIONS FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED COMPANY FOR ANY INJURY CAUSED BY THIS AGREEMENTCOMPANY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 ABOVE, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION (INCLUDING WITHOUT LIMITATION THE INCOME PRESENCE OR EXPENSES FROM THE PROPERTYABSENCE OF ANY LANDFILL), UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS". PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH 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 AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, UPON CLOSING, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, 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 ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR 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 BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES)OTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF PURCHASER. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTThe waivers and releases set forth in Section 5.7(a) and in the immediately preceding paragraph include claims of which Purchaser is presently unaware or which Purchaser does not presently suspect to exist which, if known by Purchaser, would materially affect Purchaser's waiver or release of Seller.

Disclaimers. PURCHASER AGREES THAT IT WILL PERFORM SUCH EXAMINATIONS AND INVESTIGATIONS OF THE PROPERTY PRIOR TO THE EXPIRATION OF THE INSPECTION PERIOD AS PURCHASER DEEMS NECESSARY, INCLUDING SPECIFICALLY, WITHOUT LIMITATION, EXAMINATIONS AND INVESTIGATIONS FOR THE PRESENCE OF ASBESTOS, PCB EMISSIONS AND HAZARDOUS SUBSTANCES, MATERIALS OR WASTES (AS THOSE TERMS MAY BE DEFINED BY APPLICABLE FEDERAL OR STATE LAW, RULE OR REGULATION) ON THE PROPERTY, AND THAT PURCHASER WILL RELY SOLELY UPON SUCH EXAMINATIONS AND INVESTIGATIONS IN PURCHASING THE PROPERTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY FAULTS AND THAT SELLER IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, CONDITION OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM OR OF THE PROPERTY, THE BOOKS AND RECORDS RELATING TO THE PROPERTY OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY IT IS UNDERSTOOD AND AGREED THAT SELLER MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY PURCHASER AGREES THAT SELLER IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, SERVANT OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FURTHER ACKNOWLEDGES AND AGREES THAT THE COMPENSATION TO BE PAID TO SELLER FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY HAS BEEN DECREASED TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, TAKE INTO ACCOUNT THAT THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). PROPERTY IS BEING SOLD SUBJECT TO THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTFOREGOING DISCLAIMERS.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND ANY OF THE CONTRARY HEREINCLOSING DOCUMENTS, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT SELLER IS NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, LEASING, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO BUYER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY BUYER ACKNOWLEDGES AND AGREES THAT AT THE CLOSING SELLER SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR IN THE CLOSING DOCUMENTS. BUYER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESS OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR IN THE CLOSING DOCUMENTS. BUYER REPRESENTS TO SELLER THAT BUYER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE PHYSICAL AND ENVIRONMENTAL CONDITION THEREOF, AS BUYER DEEMS NECESSARY 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 HAZARDOUS SUBSTANCES ON, IN, UNDER OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO. AT THE CLOSING, BUYER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY BUYER’S INVESTIGATIONS, AND BUYER, UPON CLOSING, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED HEREIN, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR RELEASED SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH BUYER MIGHT HAVE ASSERTED OR 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 BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. BUYER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURESOTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTY BE REQUIRED AFTER THE CLOSING DATE, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF BUYER AND THAT BUYER SHALL HAVE NO CLAIM, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY CLAIMS OR CLAIMS FOR CONTRIBUTION OR JOINT LIABILITY, AGAINST SELLER (OR SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS). NOTWITHSTANDING ANYTHING HEREIN TO THE PROVISIONS OF THIS PARAGRAPH CONTRARY (INCLUDING THE FOREGOING RELEASE), (A) BUYER SHALL SURVIVE HAVE THE RIGHT TO DEFEND (BUT BUYER HAS NO RIGHT TO ASSERT, FILE OR OTHERWISE PROCEED WITH A CONTRIBUTION, INDEMNITY OR OTHER CLAIM AGAINST SELLER) GOVERNMENT AND THIRD-PARTY CLAIMS BY ALLEGING THAT SELLER (OR SOMEONE ACTING ON SELLER’S BEHALF), NOT BUYER, IS LIABLE FOR SUCH CLAIMS AND BUYER HAS NO OBLIGATION TO INDEMNIFY SELLER FOR GOVERNMENTAL OR THIRD PARTY CLAIMS ASSERTED BEFORE OR AFTER THE CLOSING AS A RESULT OF ANY ACT OR OMISSION TAKEN OR FAILED TO BE TAKEN BY OR ON SELLER’S BEHALF PRIOR TO THE CLOSING AND (B) THE RELEASE SHALL NOT APPLY TO CLAIMS MADE BY TENANTS OF THE TRANSACTION CONTEMPLATED PROPERTY (1) WHO DID NOT DELIVER AN ESTOPPEL CERTIFICATE TO BUYER AND (2) WHO ALLEGE DEFAULTS BY THIS AGREEMENTSELLER, AS LANDLORD, RELATED TO THE PERIOD OF SELLER’S OWNERSHIP OF THE PROPERTY.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE CONTRARY HEREIN, PURCHASER NODEWARE SOLUTION IS PURCHASING THE PROPERTY PROVIDED "AS IS" AND "WHERE IS," IGI AND WITH ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL FAULTS. COUNTY IS MAKING NO WARRANTIES AND REPRESENTATIONS OR WARRANTIESOF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO INCLUDING ANY WARRANTY OF HABITABILITYNON-INFRINGEMENT, SUITABILITYTITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. COUNTY THERE IS NO WARRANTY THAT THE NODEWARE SOLUTION WILL BE ERROR FREE OR THAT ACCESS WILL BE CONTINUOUS OR UNINTERRUPTED. NO SECURITY OR DEVICE LOCATION SERVICE CAN GUARANTEE A 100% DETECTION OR SUCCESS RATE, AND IGI IS NOT LIABLE FOR ANY DAMAGE OR BOUND BY LOSS RESULTING FROM ANY GUARANTEESFAILURE OF THE NODEWARE SOLUTION TO DETECT OR QUARANTINE ANY POTENTIALLY NETWORK XXXXXXXXXXXXX.XXX MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED FULLEST EXTENT PERMITTED BY ANY REAL ESTATE AGENTLAW, BROKERTHE DURATION OF STATUTORILY REQUIRED WARRANTIES, EMPLOYEEIF ANY, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND WILL BE LIMITED TO THE EXTENT EXPRESSLY SET FORTH HEREINWARRANTY PERIOD ABOVE. PURCHASER SHALL ASSUME RESPONSIBILITY THIRD PARTY CERTIFICATIONS AND/OR APPROVALS MAY BE REQUIRED IN ORDER TO UTILIZE SOME FEATURES OF THE NODEWARE SOLUTION ON CERTAIN DEVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COSTS SUCH CERTIFICATIONS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESAPPROVALS, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, IGI TAKES NO RESPONSIBILITY OR LIABILITY FOR THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTFOREGOING.

Disclaimers. NOTWITHSTANDING ANYTHING YOU UNDERSTAND THAT SOLAR PHOTOVOLTAIC GENERATION IS INHERENTLY VARIABLE AND UNPREDICTABLE. WE DO NOT WARRANT OR GUARANTEE THAT ANY PARTICULAR AMOUNT OF ENERGY SHALL BE PRODUCED BY THE SOLAR PROJECT OR THAT ANY PARTICULAR AMOUNT OF BILL CREDITS SHALL BE ALLOCATED TO YOU UNDER THIS AGREEMENT. THE BILL CREDITS ALLOCATED TO YOU UNDER THIS AGREEMENT MAY NOT COVER THE FULL AMOUNTS DUE ON YOUR UTILITY BILLS, AND YOU WILL NEED TO PAY ANY REMAINING BALANCES ON YOUR UTILITY BILLS IN ADDITION TO THE CONTRARY HEREINMONTHLY STATEMENTS FROM US. THE BILL CREDIT RATE AND ESTIMATED SAVINGS ARE SUBJECT TO CHANGE. WE DO NOT REPRESENT OR WARRANT THAT THERE WILL BE NO CHANGES TO THE TARIFF, PURCHASER IS PURCHASING THE PROPERTY "PROGRAM, OR THAT THE UTILITY WILL NOT MAKE ANY CORRECTIONS OR ADJUSTMENTS TO METER READINGS. EXCEPT AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE ANY WARRANTY OR WARRANTIESGUARANTEE TO YOU, WHETHER EXPRESS OR EXPRESS, IMPLIED, BY OPERATION OF STATUTORY, COMMON LAW OR OTHERWISE, AND ASSUME NO OTHER LIABILITIES, WHETHER IN CONTRACT OR IN TORT, WITH RESPECT TO THE QUALITYSUBJECT MATTER HEREOF OR IN CONNECTION HEREWITH, PHYSICAL CONDITIONAND YOU HEREBY DISCLAIM, WAIVE AND RELEASE ANY OTHER WARRANTIES, EXPRESS OR VALUE OF THE PROPERTY, THE INCOME IMPLIED OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO IMPOSED BY LAW INCLUDING ANY WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEESTHE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL BY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATIONLAW, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). DISCLAIMERS CONTAINED HEREIN ARE “CONSPICUOUS” FOR THE PROVISIONS PURPOSE OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSUCH APPLICABLE LAW.

Disclaimers. NOTWITHSTANDING ANYTHING (a) EXCEPT FOR (i) THE WARRANTIES EXPRESSLY STATED ABOVE IN THIS SECTION 10 AND (ii) ANY WARRANTY, REPRESENTATION OR CONDITION TO THE CONTRARY HEREINEXTENT THE SAME CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, PURCHASER IS PURCHASING THE PROPERTY "AS IS" LICENSOR AND "WHERE IS," ITS AFFILIATES, AGENTS, SUBCONTRACTORS AND WITH ALL FAULTS. COUNTY IS MAKING SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OR UNDER STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF LAW PERFORMANCE OR OTHERWISE, WITH RESPECT TO THE QUALITYINCLUDING, PHYSICAL CONDITIONWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSNON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY LICENSOR AND ITS AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, THAT THE LICENSED PRODUCTS, CONTENT, SUPPORT, SERVICES OR OTHER DELIVERABLES PROVIDED BY OR ON BEHALF OF HABITABILITYLICENSOR WILL SATISFY CUSTOMER’S REQUIREMENTS OR THAT THEIR USE OR OPERATION WILL BE ERROR OR DEFECT FREE OR UNINTERRUPTED, OR THAT ALL SOFTWARE DEFECTS WILL BE CORRECTED. EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 10, (A) THE LICENSED PRODUCTS ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT ANY GUARANTEES REGARDING QUALITY, PERFORMANCE, SUITABILITY, MERCHANTABILITYTIMELINESS, SECURITY, DURABILITY, INTEGRABILITY OR FITNESS ACCURACY, AND (B) CUSTOMER ACCEPTS THE ENTIRE RISK OF AND RESPONSIBILITY FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE USE, QUALITY, PERFORMANCE, SUITABILITY AND RESULTS OF USE OF THE LICENSED PRODUCTS AND ITS OWN AUDIT APPROACH OR BOUND METHODOLOGY. (a) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ANY GUARANTEESOF ITS AFFILIATES, PROMISESDISTRIBUTORS, STATEMENTSAGENTS, SUBCONTRACTORS OR SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS OR DIRECTORS WILL INCREASE THE SCOPE OR OTHERWISE ALTER THE TERMS OF ANY WARRANTY EXPRESSLY STATED IN THIS AGREEMENT OR CREATE ANY NEW REPRESENTATIONS, WARRANTIES OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND CONDITIONS. (b) TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS THAT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS CANNOT BE FULLY DISCLAIMED AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL EXCLUDED UNDER APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION LAW AS CONTEMPLATED BY THIS AGREEMENTSECTION 10.5(a), THEN ANY DIFFERENT OR ADDITONAL LEGALLY REQUIRED WARRANTIES, REPRESENTATIONS OR CONDITIONS, SHALL BE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF SOFTWARE DELIVERY OR SERVICES PERFORMANCE, AS APPLICABLE.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY (a) EXCEPT AS EXPLICITLY STATED HEREIN, PURCHASER IS PURCHASING NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY INCYTE THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION WITHIN THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTSINCYTE PATENT RIGHTS, THAT ANY PATENT WITHIN THE INCYTE PATENT RIGHTS THAT HAS ISSUED OR ISSUES WILL BE VALID, OR THAT THE USE OF ANY LICENSE GRANTED HEREUNDER OR THAT THE USE OF ANY INCYTE PATENT RIGHTS WILL NOT INFRINGE THE PATENT OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. COUNTY IS MAKING INCYTE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO CORVAS' USE OF THE INFORMATION TO BE PROVIDED TO IT HEREUNDER. EXCEPT AS EXPLICITLY STATED HEREIN, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING WARRANTIES OF LAW MERCHANTABILITY, NOVELTY OR OTHERWISEFITNESS OF GENE PRODUCTS OR DATABASE INFORMATION FOR ANY PARTICULAR PURPOSE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSARE EXCLUDED. WITHOUT LIMITING THE FOREGOING, COUNTY INCYTE MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS THAT THE DATABASE INFORMATION DOES NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, CONTAIN ERRORS. (b) EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY EXPLICITLY STATED HEREIN NEITHER PARTY WILL BE LIABLE FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY NATURE ARISING FROM SUCH PARTY'S ACTIVITIES UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT THIS LIMITATION SHALL NOT LIMIT THE INDEMNIFICATION OBLIGATION OF INCYTE UNDER SECTION 9.2 BELOW FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES RECOVERED BY A THIRD PARTY.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (A) NEITHER SELLERS NOR THE CONTRARY HEREINLLC MAKES ANY REPRESENTATION OR WARRANTY OR EXTENDS ANY WARRANTY OF ANY KIND, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (B) THE REAL PROPERTY AND BUSINESS BEING CONDUCTED BY OPERATION THE LLC AS OF LAW OR OTHERWISETHE CLOSING DATE IS TO BE CONVEYED HEREUNDER "AS IS, WHERE IS" ON THE CLOSING DATE, AND IN ITS PRESENT CONDITION, AND (C) NEITHER THE SELLERS NOR THE LLC MAKES ANY GUARANTY WITH RESPECT TO ANY OF THE QUALITY, PHYSICAL CONDITIONREAL PROPERY AND OTHER ASSETS BEING USED BY THE BUSINESS OF THE LLC, OR VALUE AS TO THE CONDITION OR WORKMANSHIP THEREOF OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. IN PARTICULAR PURCHASER ACKNOWLEDGES THAT EXCEPT FOR THE EXPRESS WRITTEN WARRANTIES AND REPRESENTATIONS MADE IN THIS AGREEMENT, AT THE CLOSING, THE LLC REAL PROPERTY WILL BE IN ITS "AS IS, WHERE IS " BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND HAS MADE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE LLC REAL PROPERTY, INCLUDING, WITHOUT LIMITATION, ZONING, STRUCTURAL PEST, ENTITLEMENTS AND LICENSES, COMPLIANCE WITH BUILDING CODES, FLOOD ZONE STATUS, SEISMIC, NATURAL HAZARDS, INSURANCE CLAIM HISTORY, INCOME AND EXPENSES, MAINTENANCE, THE PHYSICAL CONDITION OF THE LLC REAL PROPERTY AND ALL IMPROVEMENTS; PROPERTY, FRANCHISE AND INCOME TAXES, THE CONDITION OF TITLE, TENANT LEASES, EASEMENTS, BONDS, LEVIES, SPECIAL DISTRICTS, APPLICABLE GOVERNMENTAL FEES AND REGULATIONS, APPLICABLE CC&R’S AND ARCHITECTURAL REQUIREMENTS, ENGINEERING TESTS, SOILS TESTS, GEOLOGIC REPORTS, AS WELL AS THE ENVIRONMENTAL CONDITION OF THE PROPERTY, THE INCOME OR EXPENSES FROM TERMS OF ANY LOAN SECURED BY THE REAL PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" LIMITED WARRANTIES SET FORTH HEREIN ARE IN LIEU OF AND "WHERE IS," AND WITH EXCLUDE ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OTHER EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING BUT NOT LIMITED TO WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR APPLICATION, AND ALL OTHER OBLIGATIONS ON THE PART OF CANADIAN SOLAR UNLESS SUCH OTHER WARRANTIES AND OBLIGATIONS ARE AGREED TO IN WRITING BY CANADIAN SOLAR. COUNTY IS SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO THE BUYER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANADIAN SOLAR HEREBY DISCLAIMS, AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR, DAMAGE OR INJURY TO PERSONS OR PROPERTY OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO ANY OF ITS PRODUCTS OR THEIR USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CANADIAN SOLAR BE LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONSTO THE BUYER, OR INFORMATION PERTAINING TO ANY THIRD PARTY CLAIMING THROUGH OR UNDER THE BUYER, FOR ANY LOST PROFITS, LOSS OF USE, OR EQUIPMENT DOWNTIME, OR FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, HOWSOEVER ARISING, RELATED TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTPRODUCTS, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND EVEN IF CANADIAN SOLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT EXPRESSLY SET FORTH HEREINPERMITTED BY APPLICABLE LAW, CANADIAN SOLAR’S AGGREGATE LIABILITY, IF ANY, IN DAMAGES OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE PAID TO CANADIAN SOLAR BY THE BUYER FOR THE PRODUCT IN THE CASE OF A WARRANTY CLAIM. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS THE BUYER ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND EXPENSES REQUIRED THAT IN THE ABSENCE OF SUCH LIMITATIONS THE PURCHASE PRICE OF THE PRODUCTS WOULD BE SUBSTANTIALLY DIFFERENT. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO CAUSE THE PROPERTY BUYER. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE EXCLUSION OF DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESTHE BUYER. YOU MAY HAVE SPECIFIC LEGAL RIGHTS OUTSIDE THIS WARRANTY, AND YOU MAY ALSO HAVE OTHER LAWSRIGHTS THAT VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY. THIS LIMITED WARRANTY DOES NOT AFFECT ANY ADDITIONAL RIGHTS YOU HAVE UNDER LAWS IN YOUR JURISDICTION GOVERNING THE SALE OF CONSUMER GOODS. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, SO THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, LIMITATIONS OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF EXCLUSIONS IN THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTLIMITED WARRANTY STATEMENT MAY NOT APPLY.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY (a) EXCEPT AS EXPRESSLY PROVIDED HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING ALL WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYIN ADDITION AND WITHOUT LIMITATION, EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL MATERIALS, CONFIDENTIAL INFORMATION AND IP ARISING FROM THE COLLABORATION OR OTHERWISE FROM THIS AGREEMENT IS PROVIDED ON AN “AS IS” BASIS WITH NO REPRESENTATION OR WARRANTIES OF ANY KIND. LILLY ACKNOWLEDGES AND AGREES THAT ALL RIGHTS GRANTED BY APNS TO LILLY UNDER THIS AGREEMENT ARE SUBJECT TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS TERMS AND EXPENSES REQUIRED TO CAUSE CONDITIONS OF THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESAECOM AGREEMENTS, AND THE RIGHTS OF AECOM, NIH AND THE FEDERAL GOVERNMENT UNDER THE AECOM AGREEMENTS. (b) UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE ENTITLED TO RECOVER FROM THE OTHER LAWSPARTY ANY INCIDENTAL, RULESCONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF USE AND REGULATIONS THE LIKE), WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESINCLUDING NEGLIGENCE), OR REGULATIONS REGARDING RETROFITTING ANY OTHER CAUSE OF ACTION RELATING TO THE COLLABORATION OR PLUMBING FIXTURES). OTHERWISE RELATING TO THIS AGREEMENT, EVEN IF THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OTHER PARTY HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPOSSIBILITY OF SUCH DAMAGES.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, A. WITH RESPECT TO THE QUALITYINFORMATION, PHYSICAL CONDITIONDATA, OR VALUE MATERIALS TO BE FURNISHED TO PROSPECTIVE STUDENTS PURSUANT TO THIS AGREEMENT, CCBE AND CLPCCD OTC, AND EACH OF THE PROPERTYTHEM, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES MAKE NO WARRANTY AS TO THE ACCURACY OF HABITABILITYDATA OR MATERIALS FURNISHED HEREUNDER, SUITABILITYNOR AS TO RESULTS TO BE OBTAINED FROM USING SUCH DATA OR MATERIALS FOR AN INTENDED PURPOSE OR FOR ANY PURPOSE, MERCHANTABILITYAND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, OR INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES. B. WITH RESPECT TO INFORMATION, PROMISES, STATEMENTS, REPRESENTATIONSDATA, OR INFORMATION PERTAINING MATERIALS TO BE FURNISHED BY CLPCCD OTC TO CCBE TO BE USED TO PROVIDE INSTRUCTION TO OTHER PERSONS PURSUANT TO THIS AGREEMENT, CCBE WILL BE RELYING UPON INFORMATION, DATA, AND MATERIALS FURNISHED TO CCBE BY CLPCCD OTC, AND CCBE ACCEPTS NO LIABILITY THEREFOR, AND MAKES NO REPRESENTATION OR WARRANTY AS TO THE PROPERTY MADE ACCURACY OF SUCH DATA OR FURNISHED BY MATERIALS. SO FURNISHED, NOR AS TO RESULTS TO BE OBTAINED FROM USING SUCH DATA OR MATERIALS FOR AN INTENDED PURPOSE OR FOR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESPURPOSE, AND OTHER LAWSTHERE ARE NO EXPRESS OR IMPLIED WARRANTIES, RULESINCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTFITNESS FOR A PARTICULAR PURPOSE.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, A. WITH RESPECT TO THE QUALITYINFORMATION, PHYSICAL CONDITIONDATA, OR VALUE MATERIALS TO BE FURNISHED TO PROSPECTIVE STUDENTS PURSUANT TO THIS AGREEMENT, TSSBE AND CLPCCD OTIEC, AND EACH OF THE PROPERTYTHEM, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES MAKE NO WARRANTY AS TO THE ACCURACY OF HABITABILITYDATA OR MATERIALS FURNISHED HEREUNDER, SUITABILITYNOR AS TO RESULTS TO BE OBTAINED FROM USING SUCH DATA OR MATERIALS FOR AN INTENDED PURPOSE OR FOR ANY PURPOSE, MERCHANTABILITYAND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, OR INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES. B. WITH RESPECT TO INFORMATION, PROMISES, STATEMENTS, REPRESENTATIONSDATA, OR INFORMATION PERTAINING MATERIALS TO BE FURNISHED BY CLPCCD OTIEC TO TSSBE TO BE USED TO PROVIDE INSTRUCTION TO OTHER PERSONS PURSUANT TO THIS AGREEMENT, TSSBE WILL BE RELYING UPON INFORMATION, DATA, AND MATERIALS FURNISHED TO TSSBE BY CLPCCD OTIEC, AND TSSBE ACCEPTS NO LIABILITY THEREFORE, AND MAKES NO REPRESENTATION OR WARRANTY AS TO THE PROPERTY MADE ACCURACY OF SUCH DATA OR FURNISHED BY MATERIALS SO FURNISHED, NOR AS TO RESULTS TO BE OBTAINED FROM USING SUCH DATA OR MATERIALS FOR AN INTENDED PURPOSE OR FOR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESPURPOSE, AND OTHER LAWSTHERE ARE NO EXPRESS OR IMPLIED WARRANTIES, RULESINCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTFITNESS FOR A PARTICULAR PURPOSE.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN(a) Except as expressly stated in Section 9.01 or 9.02, PURCHASER IS PURCHASING THE PROPERTY "AS IS" OMRF AND "WHERE IS," COMPANY HAVE NOT MADE AND WITH ALL FAULTS. COUNTY IS MAKING NO DO NOT MAKE ANY PROMISES, COVENANTS, GUARANTEES, REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY NATURE, WHETHER EXPRESS DIRECTLY OR INDIRECTLY, EXPRESS, STATUTORY OR IMPLIED, BY OPERATION OF LAW OR OTHERWISEINCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, DURABILITY, CONDITION, QUALITY OR ANY OTHER CHARACTERISTIC OF THE PATENT RIGHTS, KNOW-HOW, MATERIALS OR CONFIDENTIAL INFORMATION. (b) PATENT RIGHTS, KNOW-HOW, MATERIALS AND CONFIDENTIAL INFORMATION ARE PROVIDED “AS IS,” AND COMPANY EXPRESSLY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST OMRF FOR MISREPRESENTATION OR FOR BREACH OF PROMISE, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE PATENT RIGHTS, KNOW-HOW, MATERIALS OR CONFIDENTIAL INFORMATION. COUNTY IS OMRF EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO: THE SCOPE, VALIDITY OR ENFORCEABILITY OF THE PATENT RIGHTS, KNOW-HOW, MATERIALS AND CONFIDENTIAL INFORMATION; THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION; OR THAT THE USE, SALE, OFFER FOR SALE OR IMPORTATION OF THE PATENT RIGHTS, KNOW-HOW OR MATERIALS WILL NOT INFRINGE OTHER INTELLECTUAL PROPERTY RIGHTS. NOTHING IN THIS AGREEMENT WILL BE CONSTRUED AS AN OBLIGATION FOR OMRF TO BRING, PROSECUTE OR DEFEND ACTIONS REGARDING THE PATENT RIGHTS, KNOW-HOW, MATERIALS AND CONFIDENTIAL INFORMATION. (c) COMPANY AGREES THAT OMRF AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR BOUND DAMAGE CAUSED BY OR ARISING OUTOF ANY GUARANTEESRIGHTS GRANTED OR PERFORMANCE MADE UNDER THIS AGREEMENT, PROMISESWHETHER TO OR BY COMPANY, STATEMENTSSUBLICENSEE OR A THIRD PARTY. IN NO EVENT WILL OMRF’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, REPRESENTATIONSINDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, EVEN IF OMRF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR INFORMATION PERTAINING EXCEED THE TOTAL AMOUNT OF ROYALTIES THAT HAVE ACTUALLY BEEN PAID TO THE PROPERTY MADE OR FURNISHED LICENSORS BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT COMPANY AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTDATE OF FILING AN ACTION AGAINST LICENSORS THAT RESULTS IN THE SETTLEMENT OR AWARD OF DAMAGES TO COMPANY.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY (a) EXCEPT AS EXPRESSLY SET FORTH HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO NEITHER PARTY HAS MADE ANY PROMISES, COVENANTS, GUARANTEES, REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY NATURE, WHETHER EXPRESS DIRECTLY OR INDIRECTLY, EXPRESS, STATUTORY OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. INCLUDING WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITYLIMITATION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISESSUITABILITY, STATEMENTSDURABILITY, REPRESENTATIONSCONDITION, QUALITY, OR ANY OTHER CHARACTERISTIC OF THE LICENSED PRODUCT, KNOW-HOW, MATERIALS OR PATENT RIGHTS. (b) KNOW-HOW, MATERIALS, CONFIDENTIAL INFORMATION PERTAINING AND PATENT RIGHTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “WITH ALL DEFECTS,” AND EXACT EXPRESSLY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST MAYO FOR MISREPRESENTATION OR FOR BREACH OF PROMISE, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE PROPERTY MADE LICENSED PRODUCTS, KNOW-HOW, MATERIALS, CONFIDENTIAL INFORMATION OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYPATENT RIGHTS, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESMAYO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESUSAGE, OR REGULATIONS REGARDING RETROFITTING TRADE PRACTICE, WITH RESPECT TO: THE SCOPE, VALIDITY OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING ENFORCEABILITY OF THE TRANSACTION CONTEMPLATED PATENT RIGHTS, KNOW-HOW, OR MATERIALS; THAT ANY PATENT WILL ISSUE BASED UPON ANY OF PENDING PATENT APPLICATION; OR THAT THE MANUFACTURE, USE, SALE, OFFER FOR SALE OR IMPORTATION OF THE LICENSED PRODUCTS WILL NOT INFRINGE OTHER INTELLECTUAL PROPERTY RIGHTS. NOTHING IN THIS AGREEMENT WILL BE CONSTRUED AS AN OBLIGATION FOR MAYO TO BRING, PROSECUTE OR DEFEND ACTIONS REGARDING THE PATENT RIGHTS, KNOW-HOW OR MATERIALS. (c) EXACT AGREES THAT MAYO AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING OUT OF ANY RIGHTS GRANTED OR PERFORMANCE MADE UNDER THIS AGREEMENT, WHETHER TO OR BY EXACT, A SUBLICENSEE OR A THIRD PARTY. IN NO EVENT WILL MAYO’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, EVEN IF MAYO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR EXCEED THE TOTAL AMOUNT OF ROYALTIES WHICH HAVE ACTUALLY BEEN PAID TO MAYO BY EXACT AS OF THE DATE OF FILING AN ACTION AGAINST MAYO WHICH RESULTS IN THE SETTLEMENT OR AWARD OF DAMAGES TO EXACT.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN(a) COLLABORATORS HAVE NOT MADE AND DO NOT MAKE ANY PROMISES, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO COVENANTS, GUARANTEES, REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY NATURE, WHETHER EXPRESS DIRECTLY OR INDIRECTLY, EXPRESS, STATUTORY OR IMPLIED, BY OPERATION OF LAW OR OTHERWISEINCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE , SUITABILITY, DURABILITY, CONDITION, QUALITY OR BOUND BY ANY GUARANTEESOTHER CHARACTERISTIC OF THE PATENT RIGHTS, PROMISESKNOW-HOW, STATEMENTSMATERIALS, REPRESENTATIONSIND, OR CONFIDENTIAL INFORMATION. (b) PATENT RIGHTS, KNOW-HOW, MATERIALS , IND, AND CONFIDENTIAL INFORMATION PERTAINING ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “WITH ALL DEFECTS,” AND COMPANY EXPRESSLY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST COLLABORATORS FOR MISREPRESENTATION OR FOR BREACH OF PROMISE, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE PATENT RIGHTS, KNOW-HOW, MATERIALS, IND OR CONFIDENTIAL INFORMATION. COLLABORATORS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO: THE SCOPE, VALIDITY OR ENFORCEABILITY OF THE PATENT RIGHTS, KNOW-HOW, MATERIALS, IND AND CONFIDENTIAL INFORMATION; THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION; OR THAT THE USE, SALE, OFFER FOR SALE OR IMPORTATION OF THE LICENSED PRODUCT WILL NOT INFRINGE OTHER INTELLECTUAL PROPERTY RIGHTS. NOTHING IN THIS AGREEMENT WILL BE CONSTRUED AS AN OBLIGATION FOR MAYO TO BRING, PROSECUTE OR DEFEND ACTIONS REGARDING THE PATENT RIGHTS, KNOW-HOW, MATERIALS, IND AND CONFIDENTIAL INFORMATION. (c) COMPANY AGREES THAT COLLABORATORS AND THEIR AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING OUT OF ANY ASSIGNMENTS OR RIGHTS GRANTED OR PERFORMANCE MADE UNDER THIS AGREEMENT, WHETHER TO OR FURNISHED BY COMPANY, SUBLICENSEE OR A THIRD PARTY. IN NO EVENT WILL COLLABORATOR’S LIABILITY OF ANY REAL ESTATE AGENTKIND INCLUDE ANY SPECIAL, BROKERINDIRECT, EMPLOYEEINCIDENTAL, SERVANTCONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, EVEN IF COLLABORATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHER PERSON REPRESENTING OR PURPORTING EXCEED THE Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission. TOTAL AMOUNT OF ROYALTIES THAT HAVE ACTUALLY BEEN PAID TO REPRESENT COUNTY, EXCEPT MAYO BY COMPANY AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTDATE OF FILING AN ACTION AGAINST A COLLABORATOR OR COLLABORATORS THAT RESULTS IN THE SETTLEMENT OR AWARD OF DAMAGES TO COMPANY.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, A. WITH RESPECT TO THE QUALITYINFORMATION, PHYSICAL CONDITIONDATA, OR VALUE MATERIALS TO BE FURNISHED TO PROSPECTIVE STUDENTS PURSUANT TO THIS AGREEMENT, CONTRACTOR AND DISTRICT, AND EACH OF THE PROPERTYTHEM, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES MAKE NO WARRANTY AS TO THE ACCURACY OF HABITABILITYDATA OR MATERIALS FURNISHED HEREUNDER, SUITABILITYNOR AS TO RESULTS TO BE OBTAINED FROM USING SUCH DATA OR MATERIALS FOR AN INTENDED PURPOSE OR FOR ANY PURPOSE, MERCHANTABILITYAND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, OR INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES. B. WITH RESPECT TO INFORMATION, PROMISES, STATEMENTS, REPRESENTATIONSDATA, OR INFORMATION PERTAINING MATERIALS TO BE FURNISHED BY DISTRICT TO CONTRACTOR TO BE USED TO PROVIDE INSTRUCTION TO OTHER PERSONS PURSUANT TO THIS AGREEMENT, CONTRACTOR WILL BE RELYING UPON INFORMATION, DATA, AND MATERIALS FURNISHED TO CONTRACTOR BY DISTRICT, AND CONTRACTOR ACCEPTS NO LIABILITY THEREFOR, AND MAKES NO REPRESENTATION OR WARRANTY AS TO THE PROPERTY MADE ACCURACY OF SUCH DATA OR FURNISHED BY MATERIALS. SO FURNISHED, NOR AS TO RESULTS TO BE OBTAINED FROM USING SUCH DATA OR MATERIALS FOR AN INTENDED PURPOSE OR FOR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESPURPOSE, AND OTHER LAWSTHERE ARE NO EXPRESS OR IMPLIED WARRANTIES, RULESINCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTFITNESS FOR A PARTICULAR PURPOSE.

Disclaimers. NOTWITHSTANDING ANYTHING PURCHASER ACKNOWLEDGES THAT IT IS CONDUCTING ITS OWN INVESTIGATION TO DETERMINE THE CONTRARY CONDITION OF THE PROPERTY. PURCHASER AND SELLER AGREE THAT, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 6 HEREIN, SELLER HAS NOT MADE ANY REPRESENTATIONS, WARRANTIES, OR AGREEMENTS AS TO ANY MATTERS CONCERNING THE PROPERTY AND PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND ", WHERE IS," AND , WITH ALL FAULTS" AND PURCHASER ACCEPTS AND AGREES TO BEAR ALL RISK REGARDING ALL ATTRIBUTES AND CONDITIONS RELATING TO THE PRESENCE OF HAZARDOUS WASTE OR MATERIALS ON, UNDER OR ABOUT THE PROPERTY OR ON ADJOINING OR NEIGHBORING PROPERTY. COUNTY IS MAKING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SELLER DOES NOT WARRANT AND SHALL HAVE NO REPRESENTATIONS RESPONSIBILITY OR WARRANTIES, WHETHER EXPRESS LIABILITY WHATSOEVER FOR OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO ANY PROJECTIONS OR ESTIMATES OF ANY KIND OR VALUE OF ANY FUTURE INCOME OR EXPENSE OF OR FROM THE QUALITY, PHYSICAL CONDITIONPROPERTY. PURCHASER ACKNOWLEDGES THAT IT HAS CONDUCTED, OR VALUE WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE INCOME PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS PURCHASER DEEMS NECESSARY OR EXPENSES 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 HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND EXCEPTING MATTERS REPRESENTED BY SELLER IN SECTION 6 HEREIN, WILL RELY SOLELY UPON THE SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR THE COMPLIANCE ON BEHALF OF THE PROPERTY SELLER WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSRESPECT THERETO. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SECTION 11 SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTCLOSING.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT FOR ANY LIMITED WARRANTY EXPRESSLY PROVIDED ABOVE, THE CONTRARY HEREINSOFTWARE, PURCHASER IS PURCHASING THE PROPERTY "DOCUMENTATION, ANY RELATED SERVICES ARE PROVIDED “AS IS" ” AND "WHERE IS," COMPANY AND WITH ALL FAULTS. COUNTY IS MAKING ITS LICENSORS PROVIDE NO REPRESENTATIONS OR WARRANTIESOTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT REGARD TO THE QUALITYSOFTWARE, PHYSICAL CONDITIONDOCUMENTATION OR SERVICES. EXCEPT AS SPECIFIED IN THIS SECTION 11, ALL EXPRESS OR VALUE IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISESSATISFACTORY QUALITY, STATEMENTSNON- INTERFERENCE, REPRESENTATIONSACCURACY OF INFORMATIONAL CONTENT, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTARISING FROM A COURSE OF DEALING, BROKERLAW, EMPLOYEE, SERVANTUSAGE, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYTRADE PRACTICE, EXCEPT AS AND ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY COMPANY, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. FURTHER, COMPANY AND ITS LICENSORS DO NOT WARRANT THE RESULTS OF USE OF THE SOFTWARE OR DOCUMENTATION OR THAT THE SOFTWARE IS BUG/ERROR FREE OR THAT ITS USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS ABOVE FAILS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTITS ESSENTIAL PURPOSE.

Disclaimers. NOTWITHSTANDING ANYTHING EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, TO THE CONTRARY HEREINMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER IS PURCHASING THE PROPERTY "CLEAR BALLOT PRODUCTS ARE PROVIDED TO CUSTOMER “AS IS" AND "WHERE IS," AND ” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. COUNTY IS MAKING NO REPRESENTATIONS OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICBALE LAW, CLEAR BALLOT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, BY OPERATION OF LAW OR OTHERWISEINCLUDING, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTYBUT NOT LIMITED TO, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE IMPLIED WARRANTIES OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS CLEAR BALLOT DOES NOT LIABLE WARRANT THAT THE CLEAR BALLOT PRODUCTS WILL MEET CUSTOMER’S REQUIREMENTS OR BOUND BY THAT THE OPERATION OF THE CLEAR BALLOT PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. CLEAR BALLOT DOES NOT WARRANT OR MAKE ANY GUARANTEESREPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE CLEAR BALLOT PRODUCTS IN TERMS OF THEIR CORRECTNESS, PROMISESACCURACY, STATEMENTSQUALITY, REPRESENTATIONSRELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION PERTAINING TO OR ADVICE GIVEN BY CLEAR BALLOT OR CLEAR BALLOT’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO SCOPE OF THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS WARRANTIES PROVIDED IN THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURESIF ANY). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTHardware carries the standard manufacturer’s warranty only (if any). Clear Ballot will use commercially reasonable efforts to pass through to Customer any manufacturer’s warranties on Hardware, to the extent such warranties may be passed through. All warranty claims for Hardware will be submitted to the respective manufacturer. If applicable law affords Customer implied warranties, guarantees, or conditions despite these exclusions, those warranties will be limited to one (1) year and Customer’s remedies will be limited by this Section 5 (Disclaimer of Other Warranties) and 8 (Limitations of Liability and Actions) to the maximum extent permitted by applicable law. For the avoidance of doubt, the disclaimer set forth in this Section 5 do not negate any of Clear Ballot’s obligations under any certificates which Clear Ballot may be required to maintain by the applicable jurisdiction governing use of the Licensed Software hereunder.

Disclaimers. NOTWITHSTANDING ANYTHING THE SERVICES ARE PROVIDED ON AN “AS IS” AND ‘AS AVAILABLE’ BASIS. LANYON, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE CONTRARY HEREINMAXIMUM EXTENT PERMITTED BY LAW, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING WITHOUT LIMITATION, (I) ANY WARRANTY THAT SERVICES ARE FREE OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITIONERRORS, OR VALUE WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED, (II) ANY IMPLIED WARRANTIES OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM VIRUSES OR ANY OTHER MALICIOUS CODE. COUNTY CLIENT ACKNOWLEDGES THAT USE OF OR CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE SERVICES AND CLIENT DATA. ACCORDINGLY, XXXXXX CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. IN ORDER TO PROTECT CLIENT’S DATA, XXXXXX MAY SUSPEND CLIENT’S USE OF THE SERVICES IMMEDIATELY, WITHOUT PRIOR NOTICE, PENDING AN INVESTIGATION, IF ANY BREACH OF SECURITY IS SUSPECTED. CLIENT ACKNOWLEDGES THAT THE SERVICES AVAILABILITY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. LANYON IS NOT LIABLE RESPONSIBLE OR BOUND BY DEEMED TO BE IN DEFAULT FOR ANY GUARANTEESDELAYS, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTDELIVERY FAILURES, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESDAMAGE RESULTING FROM SUCH PROBLEMS, OR REGULATIONS REGARDING RETROFITTING UNAVAILABILITY RELATED TO CLIENT’S APPLICATIONS, CLIENT DATA, OR PLUMBING FIXTURES). CLIENT’S EQUIPMENT, OR THE PROVISIONS ACTS OR OMISSIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING ANY USER OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSERVICES.

Disclaimers. NOTWITHSTANDING ANYTHING (a) CLIENT REPRESENTS THAT IT IS ENTERING THIS AGREEMENT WITHOUT RELYING UPON ANY XXXXXXX REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. TO THE CONTRARY HEREINMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER IS PURCHASING THE PROPERTY "AS IS" XXXXXXX DISCLAIMS ANY AND "WHERE IS," ALL PROMISES, REPRESENTATIONS AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, BY OPERATION INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, SYSTEM RELIABILITY, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, AND ALL WARRANTIES THAT MAY OTHERWISE BE IMPLIED. COUNTY NO WARRANTIES ARE MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. (b) CLIENT ASSUMES COMPLETE RESPONSIBILITY, WITHOUT ANY RECOURSE AGAINST XXXXXXX, FOR THE SELECTION OF THE SAAS TO ACHIEVE CLIENT’S INTENDED RESULTS AND FOR ITS USE OF THE RESULTS OBTAINED FROM THE SAAS IN CLIENT’S BUSINESS. CLIENT ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM USE OF THE SAAS, INCLUDING THE COMPLETENESS, ACCURACY, AND CONTENT OF SUCH RESULTS. XXXXXXX DOES NOT WARRANT THAT THE SAAS WILL MEET CLIENT’S REQUIREMENTS, THAT THE OPERATION OF THE SAAS WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT ALL ERRORS WILL BE CORRECTED. (c) THE SAAS IS NOT LIABLE DESIGNED OR BOUND BY ANY GUARANTEESPERMITTED TO BE USED IN OR FOR HIGH-RISK OR HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, PROMISESINCLUDING OPERATION OF NUCLEAR FACILITIES, STATEMENTSAIRCRAFT NAVIGATION, REPRESENTATIONSCOMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR INFORMATION PERTAINING ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE SAAS COULD LEAD DIRECTLY TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTDEATH, BROKER, EMPLOYEE, SERVANTPERSONAL INJURY, OR OTHER PERSON REPRESENTING SEVERE PHYSICAL OR PURPORTING TO REPRESENT COUNTYPROPERTY DAMAGE (COLLECTIVELY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES"HIGH RISK ACTIVITIES"). THE PROVISIONS XXXXXXX EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING FITNESS OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSAAS FOR HIGH RISK ACTIVITIES.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING GRANTEE ACKNOWLEDGES AND AGREES THAT THE PROPERTY "IS SOLD, CONVEYED, TRANSFERRED AND ASSIGNED ON AN “AS IS" AND ", WHERE IS," AND ” BASIS “WITH ALL FAULTS. COUNTY IS MAKING ” AND WITHOUT WARRANTY OF TITLE AND THAT, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER TERMS, CONDITIONS, UNDERSTANDINGS OR COLLATERAL AGREEMENTS OF ANY NATURE OR KIND, EXPRESS OR IMPLIED, BY OPERATION OF LAW STATUTE OR OTHERWISE, WITH RESPECT TO CONCERNING THE PROPERTY OR THE CONDITION, DESCRIPTION, QUALITY, PHYSICAL CONDITIONUSEFULNESS, QUANTITY OR VALUE OF ANY OTHER THING AFFECTING OR RELATING TO THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. INCLUDING WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO LIMITATION ANY IMPLIED WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTIES ARE ALSO HEREBY EXPRESSLY DISCLAIMED. COUNTY IS NOT LIABLE GRANTEE FURTHER ACKNOWLEDGES THAT GRANTOR HAS MADE NO AGREEMENT OR BOUND BY PROMISE TO REPAIR OR IMPROVE ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO OF THE PROPERTY MADE BEING SOLD TO GRANTEE, AND THAT GRANTEE TAKES ALL SUCH PROPERTY IN THE CONDITION EXISTING ON THE EFFECTIVE DATE “AS IS, WHERE IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTY OF TITLE. GRANTOR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR FURNISHED BY WARRANTY, EXPRESS, STATUTORY OR IMPLIED, AS TO (i) TITLE TO ANY REAL ESTATE AGENTOF THE PROPERTY, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO (ii) ANY ESTIMATES OF THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE VALUE OF THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESOR FUTURE REVENUES GENERATED BY THE PROPERTY, MUNICIPAL ORDINANCES(iii) THE CONDITION, AND OTHER LAWSQUALITY, RULESSUITABILITY OR MARKETABILITY OF THE PROPERTY, AND REGULATIONS (iv) GEOLOGICAL CONDITIONS, INCLUDING, WITHOUT LIMITATION, SUBSIDENCE, SUBSURFACE CONDITIONS, WATER TABLE, UNDERGROUND WATER RESERVOIRS, LIMITATIONS REGARDING THE AMERICANS WITHDRAWAL OF WATER AND FAULTING, (v) THE AVAILABILITY OF ANY UTILITIES TO THE PROPERTY OR ANY PORTION THEREOF INCLUDING, WITHOUT LIMITATION, WATER, SEWAGE, GAS AND ELECTRIC AND INCLUDING THE UTILITY AVAILABILITY CAPACITIES ALLOCATED TO THE PROPERTY BY THE RELEVANT GOVERNMENTAL OR REGULATORY AUTHORITY, (vi) THE CONTENT, CHARACTER OR NATURE OF ANY INFORMATION MEMORANDUM, REPORTS, BROCHURES, CHARTS OR STATEMENTS PREPARED BY OR ON BEHALF OF GRANTOR OR THIRD PARTIES WITH DISABILITIES ACT RESPECT TO THE PROPERTY, AND (vii) ANY OTHER MATERIALS OR INFORMATION THAT MAY HAVE BEEN MADE AVAILABLE TO GRANTEE OR ANY AFFILIATE OF GRANTEE, OR ITS OR THEIR EMPLOYEES, AGENTS, CONSULTANTS, REPRESENTATIVES OR ADVISORS IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THE PURCHASE AGREEMENT, THIS DEED, OR ANY DISCUSSION OR PRESENTATION RELATING THERETO. ANY AND ALL SUCH DATA, INFORMATION AND OTHER MATERIALS FURNISHED BY OR ON BEHALF OF GRANTOR IS PROVIDED TO GRANTEE AS A CONVENIENCE, AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, RELIANCE ON OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING USE OF THE TRANSACTION CONTEMPLATED SAME SHALL BE AT GRANTEE’S SOLE RISK. GRANTEE ACKNOWLEDGES THAT THE PROPERTY HAS BEEN USED FOR DIGITAL ASSET MINING AND THAT THERE MAY BE WASTES OR OTHER SUBSTANCES OR MATERIALS LOCATED IN, ON OR UNDER THE PROPERTY OR ASSOCIATED WITH THE PROPERTY. ADDITIONALLY, THE PROPERTY MAY CONTAIN ASBESTOS, HAZARDOUS SUBSTANCES OR NORM. NORM MAY AFFIX OR ATTACH ITSELF TO THE MATERIALS AND EQUIPMENT AS SCALE OR IN OTHER FORMS, AND NORM-CONTAINING MATERIAL MAY HAVE BEEN BURIED OR OTHERWISE DISPOSED OF ON THE PROPERTY. A HEALTH HAZARD MAY EXIST IN CONNECTION WITH THE PROPERTY BY REASON THEREOF. SPECIAL PROCEDURES MAY BE REQUIRED FOR REMEDIATION, REMOVING, TRANSPORTING AND DISPOSING OF ASBESTOS, NORM, HAZARDOUS SUBSTANCES AND OTHER MATERIALS FROM THE PROPERTY. GRANTOR AND GRANTEE AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, THE DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENTSECTION 3 ARE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSE OF ANY APPLICABLE LAW.

Disclaimers. NOTWITHSTANDING ANYTHING (a) CUSTOMER REPRESENTS THAT IT IS ENTERING THIS AGREEMENT WITHOUT RELYING UPON ANY PROVIDER REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. TO THE CONTRARY HEREINMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER IS PURCHASING THE PROPERTY "AS IS" PROVIDER DISCLAIMS ANY AND "WHERE IS," ALL PROMISES, REPRESENTATIONS AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, BY OPERATION INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, SYSTEM RELIABILITY, TITLE, NON- INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, AND ALL WARRANTIES THAT MAY OTHERWISE BE IMPLIED. COUNTY NO WARRANTIES ARE MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. (b) CUSTOMER ASSUMES COMPLETE RESPONSIBILITY, WITHOUT ANY RECOURSE AGAINST PROVIDER, FOR THE SELECTION OF THE SAAS TO ACHIEVE CUSTOMER’S INTENDED RESULTS AND FOR ITS USE OF THE RESULTS OBTAINED FROM THE SAAS IN CUSTOMER’S BUSINESS. CUSTOMER A CKN OWLEDG ES THAT I T I S SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM USE OF THE SAAS, INCLUDING THE COMPLETENESS, ACCURACY, AND CONTENT OF SUCH RESULTS. PROVIDER DOES NOT WARRANT THAT THE SAAS WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE SAAS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. (c) THE SAAS IS NOT LIABLE DESIGNED OR BOUND BY ANY GUARANTEESPERMITTED TO BE USED IN OR FOR HIGH-RISK OR HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, PROMISESINCLUDING OPERATION OF NUCLEAR FACILITIES, STATEMENTSAIRCRAFT NAVIGATION, REPRESENTATIONSCOMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR INFORMATION PERTAINING ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE SAAS COULD LEAD DIRECTLY TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTDEATH, BROKER, EMPLOYEE, SERVANTPERSONAL INJURY, OR OTHER PERSON REPRESENTING SEVERE PHYSICAL OR PURPORTING TO REPRESENT COUNTYPROPERTY DAMAGE (COLLECTIVELY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES"HIGH RISK ACTIVITIES"). THE PROVISIONS PROVIDER EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING FITNESS OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSAAS FOR HIGH RISK ACTIVITIES.

Disclaimers. NOTWITHSTANDING ANYTHING (a) CUSTOMER REPRESENTS THAT IT IS ENTERING THIS AGREEMENT WITHOUT RELYING UPON ANY PROVIDER REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. TO THE CONTRARY HEREINMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER IS PURCHASING THE PROPERTY "AS IS" PROVIDER DISCLAIMS ANY AND "WHERE IS," ALL PROMISES, REPRESENTATIONS AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, BY OPERATION INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, SYSTEM RELIABILITY, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, AND ALL WARRANTIES THAT MAY OTHERWISE BE IMPLIED. COUNTY NO WARRANTIES ARE MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. (b) CUSTOMER ASSUMES COMPLETE RESPONSIBILITY, WITHOUT ANY RECOURSE AGAINST PROVIDER, FOR THE SELECTION OF THE SAAS TO ACHIEVE CUSTOMER’S INTENDED RESULTS AND FOR ITS USE OF THE RESULTS OBTAINED FROM THE SAAS IN CUSTOMER’S BUSINESS. CUSTOMER ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM USE OF THE SAAS, INCLUDING THE COMPLETENESS, ACCURACY, AND CONTENT OF SUCH RESULTS. PROVIDER DOES NOT WARRANT THAT THE SAAS WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE SAAS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. (c) THE SAAS IS NOT LIABLE DESIGNED OR BOUND BY ANY GUARANTEESPERMITTED TO BE USED IN OR FOR HIGH-RISK OR HAZARDOUS ENVIRONMENTS REQUIRING FAIL- SAFE PERFORMANCE, PROMISESINCLUDING OPERATION OF NUCLEAR FACILITIES, STATEMENTSAIRCRAFT NAVIGATION, REPRESENTATIONSCOMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR INFORMATION PERTAINING ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE SAAS COULD LEAD DIRECTLY TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTDEATH, BROKER, EMPLOYEE, SERVANTPERSONAL INJURY, OR OTHER PERSON REPRESENTING SEVERE PHYSICAL OR PURPORTING TO REPRESENT COUNTYPROPERTY DAMAGE (COLLECTIVELY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES"HIGH RISK ACTIVITIES"). THE PROVISIONS PROVIDER EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING FITNESS OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSAAS FOR HIGH RISK ACTIVITIES.

Disclaimers. NOTWITHSTANDING ANYTHING THIS AGREEMENT AND ANY TOKENS WHEN TRANSFERRED PURSUANT TO IT, HAVE NOT BEEN ARE NOT BUT MAYBE REGISTERED UNDER THE CONTRARY HEREINSECURITIES ACT OF 1933, PURCHASER IS PURCHASING AS AMENDED (THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY“SECURITIES ACT”), OR THE COMPLIANCE SECURITIES LAWS OF ANY STATE OR OTHER JURISDICTION. NEITHER THIS SECURITY NOR ANY INTEREST OR PARTICIPATION HEREIN, MAY BE OFFERED, SOLD, ASSIGNED, TRANSFERRED, PLEDGED, ENCUMBERED OR OTHERWISE DISPOSED OF UNDER ANY CIRCUMSTANCES. EACH HOLDER OF THIS SECURITY, BY ITS ACCEPTANCE HEREOF CONFIRMS ITS ELIGIBILITY AS IT IS DESCRIBED BELOW. LAWS OF ANY U.S. STATE OR ANY OTHER APPLICABLE JURISDICTION. IN ADDITION, THE COMPANY WILL REQUIRE, PRIOR TO ANY OFFER, SALE OR TRANSFER PURSUANT TO CLAUSE (III), THE DELIVERY OF AN OPINION OF COUNSEL, CERTIFICATION OR OTHER INFORMATION SATISFACTORY TO THE COMPANY AND THE COMPANY'S TRANSFER AGENT, IF ANY. THE HOLDER OF THIS SECURITY OR TOKEN BY ITS ACCEPTANCE WILL BE DEEMED TO HAVE REPRESENTED AND WARRANTED THAT EITHER (1) NO PORTION OF THE PROPERTY WITH ASSETS USED BY SUCH HOLDER TO ACQUIRE OR HOLD THIS SECURITY OR TOKEN CONSTITUTES THE ASSETS OF AN EMPLOYEE BENEFIT PLAN THAT IS SUBJECT TO TITLE I OF THE U.S. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”), A PLAN TO WHICH SECTION 4975 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “CODE”) APPLIES (INCLUDING AN INDIVIDUAL RETIREMENT ACCOUNT), AN ENTITY WHOSE UNDERLYING ASSETS ARE CONSIDERED TO INCLUDE PLAN ASSETS OF ANY SUCH EMPLOYEE BENEFIT PLAN, OR PLAN, A GOVERNMENTAL PLAN (AS DEFINED IN SECTION 3(32) OF ERISA), A CHURCH PLAN (AS DEFINED IN SECTION 3(33) OF ERISA) THAT HAS NOT MADE AN ELECTION UNDER SECTION 410(D) OF THE CODE, OR A NON-U.S. PLAN, OR (2) (A) THE HOLDER IS, OR IS USING, THE ASSETS OF A GOVERNMENTAL PLAN, A CHURCH PLAN THAT HAS NOT MADE AN ELECTION UNDER SECTION 410(D) OF THE CODE, OR A NON-U.S. PLAN AND (B) THE ACQUISITION AND HOLDING OF THIS SECURITY OR TOKEN WILL NOT CONSTITUTE A VIOLATION UNDER ANY APPLICABLE BUILDING OR FIRE CODES PROVISIONS UNDER ANY FEDERAL, STATE, LOCAL, NON-U.S. OR OTHER LAWS OR REGULATIONSREGULATIONS THAT REGULATE SUCH PLAN'S INVESTMENTS. WITHOUT LIMITING THE FOREGOINGCOMPANY RESERVES THE RIGHT TO CHANGE TERMS OF TOKEN PURCHASING UNDER THE PRESENT STPA AT ANY TIME ON ITS OWN DISCRETION. THIS CERTIFIES THAT in exchange for the payment by the undersigned Purchaser of the Purchase Price on or about the Effective Date, COUNTY MAKES the Company (and/or any successor thereto), hereby issues to Purchaser the right (the “Right”) to acquire, if, as and when issued by the Company in a Token Launch, a number of the Company's membership interests, in the amounts, forms and on the terms described further herein. THE EQUITY TOKENS MAY HAVE NO WARRANTY RIGHTS, USES OR ATTRIBUTES OUTSIDE OF HABITABILITYTHE POWERSHIFT PROPERTIES, SUITABILITYDAO LLC ECOSYSTEM. THE EQUITY TOKENS MAY HAVE NO VALUE OUTSIDE OF THE POWERSHIFT PROPERTIES, MERCHANTABILITY, DAO LLC ECOSYSTEM. THE EQUITY TOKENS OFFERING WILL LAST UNTIL REACHING HARD CAP OR FITNESS FOR A PARTICULAR PURPOSETHE END OF SALE PERIOD. COUNTY THE COMPANY RESERVES THE RIGHT TO REFUSE OR CANCEL THE EQUITY TOKEN PURCHASE REQUESTS AT ANY TIME IN ITS OWN DISCRETION. THE PURCHASER ACKNOWLEDGES THAT HE IS FULLY AWARE THAT HE WILL NOT LIABLE BE ENTITLED TO CLAIM ANY FULL OR BOUND BY PARTIAL REIMBURSEMENT UNDER ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYCIRCUMSTANCES WHATSOEVER, EXCEPT IN THE CASE THAT THE COMPANY DO NOT MEET THE SOFT CAP AMOUNT. THE PURCHASER ACKNOWLEDGES AND UNDERSTANDS THAT THE PROCEEDS FROM THE SALE OF THE EQUITY TOKENS WILL BE UTILIZED BY THE COMPANY IN ITS OWN DISCRETION. THE COMPANY HAS PREPARED THE OFFERING MEMORANDUM, AS MAY BE AMENDED FROM TIME TO TIME UPON A COMPANY'S SOLE DISCRETION. PURCHASER HAS READ AND TO UNDERSTANDS THE EXTENT EXPRESSLY OFFERING MEMORANDUM AND ITS CONTENTS. THE PURCHASER CAREFULLY READS ALL RISKS SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR IN SECTION 8 AND AGREES TO UNDERTAKE ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTTHESE RISKS.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (A) NEITHER SELLERS NOR THE CONTRARY HEREINLLC MAKES ANY REPRESENTATION OR WARRANTY OR EXTENDS ANY WARRANTY OF ANY KIND, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (B) THE REAL PROPERTY AND BUSINESS BEING CONDUCTED BY OPERATION THE LLC AS OF LAW OR OTHERWISETHE CLOSING DATE IS TO BE CONVEYED HEREUNDER "AS IS, WHERE IS" ON THE CLOSING DATE, AND IN ITS PRESENT CONDITION, AND (C) NEITHER THE SELLERS NOR THE LLC MAKES ANY GUARANTY WITH RESPECT TO ANY OF THE QUALITY, PHYSICAL CONDITIONREAL PROPERY AND OTHER ASSETS BEING USED BY THE BUSINESS OF THE LLC, OR VALUE AS TO THE CONDITION OR WORKMANSHIP THEREOF OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. IN PARTICULAR PURCHASER ACKNOWLEDGES THAT EXCEPT FOR THE EXPRESS WRITTEN WARRANTIES AND REPRESENTATIONS MADE IN THIS AGREEMENT, AT THE CLOSING, THE LLC REAL PROPERTY WILL BE IN ITS "AS IS, WHERE IS " BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND HAS MADE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE LLC REAL PROPERTY, INCLUDING, WITHOUT LIMITATION, ZONING, STRUCTURAL PEST, ENTITLEMENTS AND LICENSES, COMPLIANCE WITH BUILDING CODES, FLOOD ZONE STATUS, SEISMIC, NATURAL HAZARDS, INSURANCE CLAIM HISTORY, INCOME AND EXPENSES, MAINTENANCE, THE PHYSICAL CONDITION OF THE LLC REAL PROPERTY AND ALL IMPROVEMENTS; PROPERTY, FRANCHISE AND INCOME TAXES, THE CONDITION OF TITLE, TENANT LEASES, EASEMENTS, BONDS, LEVIES, SPECIAL DISTRICTS, APPLICABLE GOVERNMENTAL FEES AND REGULATIONS, APPLICABLE CC&R’S AND ARCHITECTURAL REQUIREMENTS, ENGINEERING TESTS, SOILS TESTS, GEOLOGIC REPORTS, AS WELL AS THE ENVIRONMENTAL CONDITION OF THE PROPERTY, THE INCOME OR EXPENSES FROM TERMS OF ANY LOAN SECURED BY THE RELA PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT.

Disclaimers. NOTWITHSTANDING ANYTHING YOUR ACCESS TO AND USE OF THE CONTRARY HEREIN, PURCHASER SERVICES IS PURCHASING AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PROPERTY "SERVICES ARE PROVIDED ON AN “AS IS" ” AND "WHERE IS," “AS AVAILABLE” BASIS, AND WITH ALL FAULTS. COUNTY IS MAKING POLYGON MAKES NO REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT THERETO. POLYGON DISCLAIMS ALL IMPLIED WARRANTIES TO THE QUALITYFULLEST EXTENT PERMISSIBLE UNDER LAW, PHYSICAL CONDITION, OR VALUE INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY , TITLE AND NON-INFRINGEMENT, AND DOES NOT REPRESENT OR WARRANT: (A) THAT THE CONTENT OR THE MARKET DATA WILL MEET YOUR SPECIFIC REQUIREMENTS OR IS NOT LIABLE OR BOUND BY ANY GUARANTEESTIMELY, PROMISESCORRECT, STATEMENTSADEQUATE, REPRESENTATIONSACCURATE, OR INFORMATION PERTAINING COMPLETE; OR (B) THE AVAILABILITY OF THE SERVICES THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. POLYGON HAS NO RESPONSIBILITY TO MAKE CORRECTIONS OR UPDATES TO THE PROPERTY MADE CONTENT OR FURNISHED BY THE Market Data ON THE SERVICES. YOUR USE OR RELIANCE ON THE SERVICES IS SOLELY WITHIN YOUR DISCRETION AND AT YOUR RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY REAL ESTATE AGENTDAMAGE OR LOSS THAT RESULTS THEREFROM. IT IS EXPRESSLY UNDERSTOOD THAT THE CONTENT AND THE MARKET DATA ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE LEGAL, BROKERTAX, EMPLOYEE, SERVANTINVESTMENT, OR OTHER PERSON REPRESENTING ACCOUNTING ADVICE, NOR SHOULD THE CONTENT OR PURPORTING TO REPRESENT COUNTY, EXCEPT THE MARKET DATA BE CONSTRUED AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESA RECOMMENDATION, OR REGULATIONS AN OFFER TO BUY OR SELL, OR THE SOLICITATION OF AN OFFER TO BUY OR SELL ANY SECURITY, FINANCIAL PRODUCT, OR INSTRUMENT OR TO PARTICIPATE IN ANY TRADING STRATEGY. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE. YOU SHOULD CONSULT YOUR LEGAL OR TAX PROFESSIONAL REGARDING RETROFITTING YOUR SPECIFIC SITUATION. NO DETERMINATION OF YOUR SUITABILITY FOR OR PLUMBING FIXTURES)THE APPROPRIATENESS OF ANY SERVICES PROVIDED BY POLYGON HAS BEEN MADE. SOME JURISDICTIONS DO NOT ALLOW THE PROVISIONS EXCLUSION OF THIS PARAGRAPH SHALL SURVIVE IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTABOVE EXCLUSION MAY NOT APPLY TO YOU.

Disclaimers. NOTWITHSTANDING ANYTHING WHILE POCN ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE CONTRARY HEREININFORMATION AVAILABLE ON THESE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, PURCHASER IS PURCHASING POCN MAY MAKE MODIFICATIONS AND/OR CHANGES IN THESE SITES OR IN THE PROPERTY INFORMATION AVAILABLE ON THESE SITES AT ANY TIME, FOR ANY REASON. YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE ON THESE SITES. POCN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE ON THESE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, AND FUNCTIONS ARE PROVIDED "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITYANY KIND, SUITABILITY, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. COUNTY IS NOT IN NO EVENT SHALL POCN BE LIABLE OR BOUND BY FOR ANY GUARANTEESINDIRECT, PROMISESPUNITIVE, STATEMENTSINCIDENTAL, REPRESENTATIONSSPECIAL, OR INFORMATION PERTAINING CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THESE SITES OR WITH THE DELAY OR INABILITY TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTUSE THESE SITES, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYFOR ANY INFORMATION, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESMATERIALS, AND OTHER LAWSFUNCTIONS AVAILABLE ON THESE SITES, RULESOR OTHERWISE ARISING OUT OF THE UTILIZATION OF THESE SITES, AND REGULATIONS (INCLUDINGWHETHER BASED IN CONTRACT, WITHOUT LIMITATIONTORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF POCN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE AMERICANS WITH DISABILITIES ACT AND ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF POCN FOR ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS REASON WHATSOEVER RELATED TO USE OF THIS PARAGRAPH THESE SITES SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTNOT EXCEED $32.

Disclaimers. NOTWITHSTANDING ANYTHING TO SELLER DOES NOT, BY THE CONTRARY HEREINEXECUTION AND DELIVERY OF THIS AGREEMENT, PURCHASER IS PURCHASING AND SELLER WILL NOT, BY THE PROPERTY "AS IS" EXECUTION AND "WHERE IS," DELIVERY OF ANY DOCUMENT OR INSTRUMENT EXECUTED AND DELIVERED IN CONNECTION WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS CLOSING, MAKE ANY REPRESENTATION OR WARRANTIESWARRANTY, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW ANY KIND OR OTHERWISENATURE WHATSOEVER, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSAND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOINGGENERALITY OF THE FOREGOING PROVISIONS, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESSELLER MAKES, AND OTHER LAWS, RULES, AND REGULATIONS WILL (a) MATTERS OF TITLE, (b) ZONING, (c) TAX CONSEQUENCES, (d) PHYSICAL OR ENVIRONMENTAL CONDITION (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, REGULATIONS, ORDERS AND REQUIREMENTS PERTAINING TO THE USE, HANDLING, GENERATION, TREATMENT, STORAGE OR DISPOSAL OF ANY TOXIC OR HAZARDOUS WASTE OR TOXIC, HAZARDOUS OR REGULATED SUBSTANCE, AND FURTHER INCLUDING, WITHOUT LIMITATION, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE AND COMPENSATION AND LIABILITY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, THE CLEAN WATER ACT, THE SOLID WASTE DISPOSAL ACT, THE FEDERAL WATER POLLUTION CONTROL ACT, THE OIL POLLUTION ACT, THE FEDERAL CLEAN AIR ACT, THE FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT, EACH AS MAY BE AMENDED FROM TIME TO TIME, AND INCLUDING ANY AND ALL REGULATIONS, RULES OR POLICIES PROMULGATED THEREUNDER AND ALL APPLICABLE LOCAL LAWS, ORDINANCES, AND REGULATIONS REGARDING RETROFITTING (HEREIN COLLECTIVELY CALLED THE “ENVIRONMENTAL LAWS”), (e) VALUATION, (f) GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS, ENTITLEMENT STATUS OR PLUMBING FIXTURES). ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE PROPERTY, (g) THE CLOSING USE, INCOME POTENTIAL, EXPENSES, OCCUPANCY STATUS, OPERATION OR CHARACTERISTICS OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPROPERTY OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SUITABILITY, HABITABILITY, MERCHANTABILITY, DESIGN OR FITNESS FOR ANY SPECIFIC PURPOSE OR FOR A PARTICULAR PURPOSE, OR GOOD OR WORKMANLIKE CONSTRUCTION, (h) THE NATURE, MANNER, CONSTRUCTION, CONDITION, STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE BUILDINGS, STRUCTURES OR IMPROVEMENTS, ON THE SURFACE OR SUBSURFACE THEREOF WHETHER OR NOT OBVIOUS, VISIBLE OR APPARENT, (i) THE NATURE OR QUALITY OF CONSTRUCTION, STRUCTURAL DESIGN OR ENGINEERING OF THE PROPERTY, (j) THE SOIL CONDITIONS, DRAINAGE, FLOODING CHARACTERISTICS, UTILITIES OR OTHER CONDITIONS EXISTING IN, ON OR UNDER THE PROPERTY AND (k) THE PRESENCE OR EXISTENCE OF MOLD OR OTHER ORGANISMS, LEAD BASED PAINT OR WATER PENETRATION IN OR ABOUT THE BUILDINGS, STRUCTURES OR IMPROVEMENTS (HEREIN COLLECTIVELY CALLED THE “DISCLAIMED MATTERS”).

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASER IT IS PURCHASING THE PROPERTY "AS IS" UNDERSTOOD AND "WHERE IS," AGREED THAT CONTRIBUTORS ARE NOT MAKING AND WITH ALL FAULTS. COUNTY IS MAKING NO HAVE NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYCONTRIBUTORS TO CORNERSTONE, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY IS CORNERSTONE ACKNOWLEDGES AND AGREES THAT UPON CLOSING CONTRIBUTORS SHALL CONVEY TO OPERATING PARTNERSHIP AND OPERATING PARTNERSHIP SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS", EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. CORNERSTONE HAS NOT RELIED AND WILL NOT RELY ON, AND CONTRIBUTORS ARE NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY CONTRIBUTORS, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYCONTRIBUTORS, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. CORNERSTONE REPRESENTS TO CONTRIBUTORS THAT CORNERSTONE 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 AND CORNERSTONE DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF CONTRIBUTORS OR THEIR AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF CONTRIBUTORS AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. PURCHASER UPON CLOSING, THE OPERATING PARTNERSHIP SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY CORNERSTONE'S INVESTIGATIONS, AND CORNERSTONE AND OPERATING PARTNERSHIP, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED CONTRIBUTORS (AND CONTRIBUTORS' PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH CORNERSTONE OR OPERATING PARTNERSHIP MIGHT HAVE ASSERTED OR ALLEGED AGAINST CONTRIBUTORS (AND CONTRIBUTORS' PARTNERS AND THEIR RESPECTIVE 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 BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. CORNERSTONE AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES). OTHER ENVIRONMENTAL CONDITIONS ON THE PROVISIONS PROPERTY BE REQUIRED AFTER THE DATE OF THIS PARAGRAPH CLOSING, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL SURVIVE BE THE CLOSING RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSOLE COST AND EXPENSE OF OPERATING PARTNERSHIP.

Disclaimers. NOTWITHSTANDING ANYTHING A. HCC HEREBY ACKNOWLEDGES THAT THE OIL AND GAS BUSINESS INCLUDES SUBSTANTIAL RISKS AND THAT THERE IS NO GUARANTEE THAT ANY WELL DRILLED PURSUANT TO THE CONTRARY HEREINTHIS AGREEMENT WILL BE SUCCESSFUL. HCC FURTHER REPRESENTS AND WARRANTS THAT IT HAS OR WILL CONSULT WITH ITS OWN INDEPENDENT ADVISORS, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, INCLUDING WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ITS LEGAL AND TAX ADVISORS AND THAT NO LEGAL OR TAX ADVICE IS BEING GIVEN TO HCC BY ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY OTHER PARTY TO THIS AGREEMENT. B. EREHWON HEREBY ACKNOWLEDGES THAT THE OIL AND GAS BUSINESS INCLUDES SUBSTANTIAL RISKS AND THAT THERE IS NO GUARANTEE THAT ANY WELL DRILLED PURSUANT TO THIS AGREEMENT WILL BE SUCCESSFUL. EXXXXXX FURTHER REPRESENTS AND WARRANTS THAT IT HAS OR WILL CONSULT WITH ITS OWN INDEPENDENT ADVISORS, INCLUDING WITHOUT LIMITATION, ITS LEGAL AND TAX ADVISORS AND THAT NO LEGAL OR TAX ADVICE IS BEING GIVEN TO HCC BY ANY OTHER PARTY TO THIS AGREEMENT. C. EACH OF THE INVESTORS HEREBY ACKNOWLEDGES THAT THE OIL AND GAS BUSINESS INCLUDES SUBSTANTIAL RISKS AND THAT THERE IS NO GUARANTEE THAT ANY WELL DRILLED PURSUANT TO THIS AGREEMENT WILL BE SUCCESSFUL. INVESTORS FURTHER REPRESENTS AND WARRANTS THAT THEY HAVE CONSULTED WITH THEIR OWN INDEPENDENT ADVISORS, INCLUDING WITHOUT LIMITATION, LEGAL AND TAX ADVISORS AND THAT NO LEGAL OR TAX ADVICE IS BEING GIVEN TO INVESTORS BY ANY OTHER PARTY TO THIS AGREEMENT.

Disclaimers. NOTWITHSTANDING ANYTHING a. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE SOCIAL TABLES PLATFORM IS PROVIDED “AS IS,” AND NEITHER SOCIAL TABLES NOR ANY OF ITS PROVIDERS, LICENSORS, OFFICERS, EMPLOYEES, OR AGENTS MAKES ANY WARRANTY, CONDITION OR GUARANTEE WITH RESPECT TO THE CONTRARY HEREINSOCIAL TABLES PLATFORM OR AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SOCIAL TABLES PLATFORM, PURCHASER UNDER THIS AGREEMENT OR OTHERWISE. THE PURCHASE OF ACCESS TO AND USE OF THE SOCIAL TABLES PLATFORM IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND MADE WITH KNOWLEDGE OF THIS WARRANTY LIMITATION. SOCIAL TABLES EXPRESSLY DISCLAIMS ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR OTHER WARRANTIES, WHETHER CONDITIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF LAW OR OTHERWISEMERCHANTABILITY, WITH RESPECT TO THE NONINFRINGEMENT, SATISFACTORY QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS SOCIAL TABLES DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR UNAUTHORIZED USE OR MISUSE OF THE SOCIAL TABLES PLATFORM. b. WITHOUT PREJUDICE TO OR LIMITING OF SOCIAL TABLES’ RIGHT TO RECEIVE PAYMENT FOR ACCESS TO AND USE OF THE SOCIAL TABLES PLATFORM, SOCIAL TABLES’ ENTIRE LIABILITY FOR ALL CLAIMS OF WHATEVER NATURE (INCLUDING CLAIMS BASED ON NEGLIGENCE) ARISING OUT OF THIS AGREEMENT AND ALL OTHERS BETWEEN CUSTOMER AND SOCIAL TABLES, AND THE PROVISION BY SOCIAL TABLES OF FACILITIES, TRANSMISSION, DATA, SOCIAL TABLES PLATFORM OR EQUIPMENT INCLUDING, BUT NOT LIABLE OR BOUND BY ANY GUARANTEESLIMITED TO, PROMISESDAMAGE TO REAL/PERSONAL PROPERTY, STATEMENTSSHALL NOT EXCEED, REPRESENTATIONSIN THE AGGREGATE, THE LESSER OF (i) TEN THOUSAND DOLLARS ($10,000.00), OR INFORMATION PERTAINING (ii) THE FEES PAID TO SOCIAL TABLES HEREUNDER IN THE PROPERTY MADE TWELVE MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR FURNISHED BY DEMAND IS FIRST ASSERTED; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATIONS SHALL NOT APPLY TO ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTLIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. c. CUSTOMER RECOGNIZES THAT THE INTERNET CONSISTS OF MULTIPLE PARTICIPATING NETWORKS THAT ARE SEPARATELY OWNED AND NOT SUBJECT TO SOCIAL TABLES’ CONTROL. CUSTOMER AGREES THAT SOCIAL TABLES SHALL NOT BE LIABLE FOR DAMAGES INCURRED OR SUMS PAID WHEN THE SOCIAL TABLES PLATFORM IS TEMPORARILY OR PERMANENTLY UNAVAILABLE DUE TO MALFUNCTION OF, OR OTHER PERSON REPRESENTING CESSATION OF, INTERNET SERVICES BY NETWORK(S) OR PURPORTING INTERNET SERVICE PROVIDERS NOT SUBJECT TO REPRESENT COUNTYSOCIAL TABLES’ CONTROL, EXCEPT OR FOR TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF CUSTOMER INFORMATION CARRIED ON SUCH NETWORKS OR INTERNET SERVICE PROVIDERS OR AS A RESULT OF THE DISCONNECTION FROM OR UNAVAILABILITY OF ANY NETWORK. d. CUSTOMER ACKNOWLEDGES THAT THE SOCIAL TABLES PLATFORM RELIES ON BLUEPRINTS THAT ARE PROVIDED BY CUSTOMER OR THAT MAY BE CREATED BY SOCIAL TABLES, AND TO THAT THE EXTENT EXPRESSLY SET FORTH HEREINSOCIAL TABLES PLATFORM MATHEMATICALLY EXTRAPOLATES DATA DETERMINED FROM SUCH BLUEPRINTS, AND UNDERSTANDS THAT SUCH BLUEPRINTS AND DATA MAY CONTAIN ERRORS OR INACCURACIES, AND THAT SUCH DATA WHEN USED BY THE SOCIAL TABLES PLATFORM MAY PERMIT CONFIGURATIONS THAT VIOLATE THE LAWS, RULES OR REGULATIONS OF THE JURISDICTION IN WHICH THE FACILITY REPRESENTED IN SUCH BLUEPRINT IS LOCATED (WHETHER BY OVERRIDE BY CUSTOMER OR BY FUNCTION OF THE SOCIAL TABLES PLATFORM). PURCHASER SHALL ASSUME RESPONSIBILITY CONSEQUENTLY, CUSTOMER AGREES THAT IT IS SOLELY RESPONSIBLE FOR ALL COSTS ENSURING THAT THE PLANS GENERATED BY THE SOCIAL TABLES PLATFORM ARE SUITABLE FOR THE CONTEMPLATED EVENT AND EXPENSES REQUIRED TO CAUSE WILL IN PRACTICE ACTUALLY PERMIT THE PROPERTY TO COMPLY USE OF THE SPACE CONTEMPLATED IN SUCH PLAN AND THAT SUCH PLAN COMPLIES WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, RULES AND REGULATIONS APPLICABLE IN THE LOCAL JURISDICTION FOR WHICH THE PLAN HAS BEEN CREATED. e. NEITHER SOCIAL TABLES NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING (INCLUDING SUSPENDING OR DISCONTINUING SOCIAL TABLES PLATFORM) OR SUPPORTING THE SOCIAL TABLES PLATFORM SHALL BE LIABLE TO CUSTOMER, ANY REPRESENTATIVE, OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SOCIAL TABLES PLATFORM OR INABILITY TO USE THE SOCIAL TABLES PLATFORM, INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODESLOST REVENUE, MUNICIPAL ORDINANCESLOST PROFITS, LAWSLOSS OF TECHNOLOGY OR OTHER RIGHTS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING EVEN IF ADVISED OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPOSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE).

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER IS PURCHASING EXCEPT FOR THE PROPERTY "WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION, THE SOFTWARE, MOBILEIRON HARDWARE, AND/OR ALL SERVICES ARE PROVIDED “AS IS" ”, AND "WHERE IS," MOBILEIRON AND WITH ALL FAULTS. COUNTY IS MAKING ITS SUPPLIERS PROVIDE NO REPRESENTATIONS OR WARRANTIESOTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, IMPLIED WITH RESPECT REGARD TO THE QUALITYSAME. EXCEPT AS EXPRESSLY SPECIFIED IN THIS SECTION, PHYSICAL CONDITIONMOBILEIRON AND ITS SUPPLIERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR VALUE CONDITION OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING THAT THE SOFTWARE IS BUG/ERROR FREE, THAT ITS USE WILL BE UNINTERRUPTED, OR THAT IT IS FREE OF VULNERABILITY TO INTRUSION OR ATTACK. MOBILEIRON DOES NOT WARRANT THAT ANY SERVICES CONNECTING TO THE PROPERTY MADE SOFTWARE PROVIDED BY THIRD PARTIES OR FURNISHED ANY DATA PROVIDED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, SUCH THIRD PARTIES WILL BE FREE FROM ERRORS OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREININTERRUPTIONS OF SERVICE. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESTHIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTRIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, A. WITH RESPECT TO THE QUALITYINFORMATION, PHYSICAL CONDITIONDATA, OR VALUE MATERIALS TO BE FURNISHED TO PROSPECTIVE STUDENTS PURSUANT TO THIS AGREEMENT, OSCA AND CLPCCD OTC, AND EACH OF THE PROPERTYTHEM, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES MAKE NO WARRANTY AS TO THE ACCURACY OF HABITABILITYDATA OR MATERIALS FURNISHED HEREUNDER, SUITABILITYNOR AS TO RESULTS TO BE OBTAINED FROM USING SUCH DATA OR MATERIALS FOR AN INTENDED PURPOSE OR FOR ANY PURPOSE, MERCHANTABILITYAND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, OR INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES. B. WITH RESPECT TO INFORMATION, PROMISES, STATEMENTS, REPRESENTATIONSDATA, OR INFORMATION PERTAINING MATERIALS TO BE FURNISHED BY CLPCCD OTC TO OSCA TO BE USED TO PROVIDE INSTRUCTION TO OTHER PERSONS PURSUANT TO THIS AGREEMENT, OSCA WILL BE RELYING UPON INFORMATION, DATA, AND MATERIALS FURNISHED TO OSCA BY CLPCCD OTC, AND OSCA ACCEPTS NO LIABILITY THEREFOR, AND MAKES NO REPRESENTATION OR WARRANTY AS TO THE PROPERTY MADE ACCURACY OF SUCH DATA OR FURNISHED BY MATERIALS. SO FURNISHED, NOR AS TO RESULTS TO BE OBTAINED FROM USING SUCH DATA OR MATERIALS FOR AN INTENDED PURPOSE OR FOR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESPURPOSE, AND OTHER LAWSTHERE ARE NO EXPRESS OR IMPLIED WARRANTIES, RULESINCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTFITNESS FOR A PARTICULAR PURPOSE.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT AS EXPRESSLY STATED IN THESE MSA TERMS, THE CONTRARY HEREINSERVICES, PURCHASER IS PURCHASING INCLUDING THE PROPERTY "EQUIPMENT SPACE, ARE DELIVERED BY SH DATA TECHNOLOGIES AND ACCEPTED BY CUSTOMER “AS IS" ” AND "WHERE IS," “AS AVAILABLE”, AND WITH SH DATA TECHNOLOGIES DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL FAULTS. COUNTY IS MAKING NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW LAW, STATUTORY OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE INCLUDING WITHOUT LIMITATION WARRANTIES OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEUSE, WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. COUNTY IS NOT LIABLE CUSTOMER ACKNOWLEDGES THERE ARE INHERENT RISKS IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER PRIVACY AND PROPERTY, INCLUDING CONFIDENTIAL INFORMATION. SH DATA TECHNOLOGIES ASSUMES NO LIABILITY FOR ANY DAMAGE, THEFT OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING LOSS TO THE CUSTOMER’S PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, CUSTOMER EQUIPMENT AND CUSTOMER DATA) RESULTING FROM THE AMERICANS WITH DISABILITIES ACT AND ACTS OR OMISSIONS OF ANY CODESTHIRD PARTY, MUNICIPAL ORDINANCESINCLUDING, LAWSWITHOUT LIMITATION, RULES, ANY UNAUTHORIZED PHYSICAL OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURESNON-PHYSICAL ACCESS (SUCH AS HACKING). ANY SUCH DAMAGE OR LOSS WILL BE THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING EXCLUSIVE RESPONSIBILITY OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTTHIRD PARTY WHO CAUSED SUCH LOSS OR DAMAGE. SH DATA TECHNOLOGIES EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES ANY CLAIM AGAINST SH DATA TECHNOLOGIES WITH RESPECT TO, ANY LIABLITY FOR LOSS OF CUSTOMER DATA OR DAMAGE TO CUSTOMER EQUIPMENT WHERE CUSTOMER HAS REQUESTED THAT SH DATA TECHNOLOGIES PACK, SHIP, RECEIVE AND/OR STORE SUCH CUSTOMER EQUIPMENT OR WHERE CUSTOMER HAS FAILED TO REMOVE SUCH CUSTOMER DATA FOLLOWING THE END OF A SERVICE TERM.

Disclaimers. NOTWITHSTANDING ANYTHING (a) EACH USER REPRESENTS THAT IT IS ENTERING INTO THE AGREEMENT WITHOUT RELYING UPON ANY PROVIDER REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. TO THE CONTRARY HEREINMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER IS PURCHASING THE PROPERTY "AS IS" PROVIDER DISCLAIMS ANY AND "WHERE IS," ALL PROMISES, REPRESENTATIONS AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, BY OPERATION INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, SYSTEM RELIABILITY, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, AND ALL WARRANTIES THAT MAY OTHERWISE BE IMPLIED. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEESNO WARRANTIES ARE MADE ON THE BASIS OF TRADE USAGE, PROMISES, STATEMENTS, REPRESENTATIONSCOURSE OF DEALING, OR INFORMATION PERTAINING COURSE OF PERFORMANCE. (b) EACH USER ASSUMES COMPLETE RESPONSIBILITY, WITHOUT ANY RECOURSE AGAINST PROVIDER, FOR THE SELECTION OF THE SAAS TO ACHIEVE ITS INTENDED RESULTS AND FOR ITS USE OF THE SAAS, THE PROVIDER CONTENT, AND THE RESULTS OBTAINED FROM THE SAAS IN ITS BUSINESS; IT ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM ITS USE OF THE SAAS, INCLUDING THE COMPLETENESS, ACCURACY, CURRENCY, AND CONTENT OF SUCH RESULTS. PROVIDER DOES NOT WARRANT THAT THE SAAS OR THE PROVIDER CONTENT WILL MEET THE REQUIREMENTS OF ANY USER, THAT THE OPERATION OF THE SAAS WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT ERRORS WILL BE CORRECTED. (c) THE SAAS AND THE PROVIDER CONTENT ARE NOT DESIGNED OR PERMITTED TO BE USED IN OR FOR HIGH-RISK OR HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE- SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE SAAS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). PROVIDER EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS OF THE SAAS OR PROVIDER CONTENT FOR HIGH RISK ACTIVITIES. (d) THE SAAS MAY CONTAIN LINKS TO THIRD PARTY WEB SITES OR SERVICES THAT ARE NOT OWNED OR CONTROLLED BY PROVIDER. PROVIDER EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES, AND BUSINESS PRACTICES OF ANY SUCH THIRD PARTY WEB SITES OR SERVICES. PROVIDER DOES NOT MAKE ANY REPRESENATION OR WARRANTY OF ANY KIND AS TO THE PROPERTY MADE OFFERINGS OF ANY THIRD PARTY WEB SITES OR FURNISHED BY SERVICES. EACH USER ASSUMES COMPLETE RESPONSIBILITY, WITHOUT ANY REAL ESTATE AGENTRECOURSE AGAINST PROVIDER, BROKERFOR ANY DAMAGE OR LOSS CAUSED, EMPLOYEEDIRECTLY OR INDIRECTLY, SERVANTBY, OR OTHER PERSON REPRESENTING ARISING IN CONNECTION WITH, ITS USE OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND RELIANCE ON ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, SUCH THIRD PARTY WEB SITE OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSERVICE.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, A. WITH RESPECT TO THE QUALITYINFORMATION, PHYSICAL CONDITIONDATA, OR VALUE MATERIALS TO BE FURNISHED TO PROSPECTIVE STUDENTS PURSUANT TO THIS AGREEMENT, CAL MARITIME AND CLPCCD, AND EACH OF THE PROPERTYTHEM, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES MAKE NO WARRANTY AS TO THE ACCURACY OF HABITABILITYDATA OR MATERIALS FURNISHED HEREUNDER, SUITABILITYNOR AS TO RESULTS TO BE OBTAINED FROM USING SUCH DATA OR MATERIALS FOR AN INTENDED PURPOSE OR FOR ANY PURPOSE, MERCHANTABILITYAND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, OR INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES. B. WITH RESPECT TO INFORMATION, PROMISES, STATEMENTS, REPRESENTATIONSDATA, OR INFORMATION PERTAINING MATERIALS TO BE FURNISHED BY CLPCCD TO CAL MARITIME TO BE USED TO PROVIDE INSTRUCTION TO OTHER PERSONS PURSUANT TO THIS AGREEMENT, CAL MARITIME WILL BE RELYING UPON INFORMATION, DATA, AND MATERIALS FURNISHED TO CAL MARITIME BY CLPCCD, AND CAL MARITIME ACCEPTS NO LIABILITY THEREFOR, AND MAKES NO REPRESENTATION OR WARRANTY AS TO THE PROPERTY MADE ACCURACY OF SUCH DATA OR FURNISHED BY MATERIALS. SO FURNISHED, NOR AS TO RESULTS TO BE OBTAINED FROM USING SUCH DATA OR MATERIALS FOR AN INTENDED PURPOSE OR FOR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESPURPOSE, AND OTHER LAWSTHERE ARE NO EXPRESS OR IMPLIED WARRANTIES, RULESINCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTFITNESS FOR A PARTICULAR PURPOSE.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT FOR THE CONTRARY HEREINEXPRESS REPRESENTATIONS AND WARRANTIES OF POST SET FORTH IN SECTION 6.1 HEREOF, PURCHASER JUPITER UNDERSTANDS AND AGREES THAT POST IS PURCHASING THE PROPERTY "AS IS" NOT MAKING AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR WARRANTIESCHARACTER, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN POST'S LIMITED OR SPECIAL WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE ABSENCE OR FIRE CODES PRESENCE OF HAZARDOUS MATERIALS OR OTHER LAWS TOXIC SUBSTANCES (INCLUDING WITHOUT LIMITATION MOLD OR REGULATIONS. WITHOUT LIMITING ANY MOLD CONDITION), COMPLIANCE WITH ENVIRONMENTAL LAWS, THE FOREGOINGTRUTH, COUNTY MAKES NO WARRANTY ACCURACY OR COMPLETENESS OF HABITABILITY, SUITABILITY, MERCHANTABILITYTHE PROPERTY DOCUMENTS OR ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF POST TO JUPITER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY JUPITER ACKNOWLEDGES AND AGREES THAT UPON CLOSING POST SHALL TRANSFER AND CONVEY TO JUPITER AND JUPITER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS", EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. JUPITER HAS NOT RELIED AND WILL NOT RELY ON, AND POST IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY POST, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYPOST, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. JUPITER REPRESENTS TO POST THAT JUPITER 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 AND JUPITER DEEMS NECESSARY 50 TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS MATERIALS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY (INCLUDING WITHOUT LIMITATION ANY MOLD OR MOLD CONDITION), AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF POST OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF POST AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. PURCHASER UPON CLOSING, JUPITER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY JUPITER'S INVESTIGATIONS, AND, SUBJECT TO SECTION 10.3, JUPITER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED POST (AND POST'S AND ITS PARTNERS' RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT OR UNDER ANY ENVIRONMENTAL LAW), LOSSES, DAMAGES, LIABILITIES (WHETHER BASED ON STRICT LIABILITY OR OTHERWISE), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH JUPITER MIGHT HAVE ASSERTED OR ALLEGED AGAINST POST (AND POST'S AND ITS PARTNERS' RESPECTIVE 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 BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULES, CIRCUMSTANCES OR REGULATIONS MATTERS REGARDING RETROFITTING OR PLUMBING FIXTURES)THE PROPERTY. THE PROVISIONS FOREGOING SHALL NOT BE INTERPRETED TO WAIVE ANY CLAIM OF JUPITER WITH RESPECT TO ANY BREACH BY POST OF ANY EXPRESS REPRESENTATIONS AND WARRANTIES MADE BY POST IN SECTION 6.1 THAT EXPRESSLY SURVIVE CLOSING PURSUANT TO SECTION 6.3 . SUBJECT TO SECTION 10.3, JUPITER AGREES THAT SHOULD ANY INVESTIGATION, CLEANUP, REMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS (INCLUDING WITHOUT LIMITATION ANY MOLD OR MOLD CONDITION) ON OR RELATED TO THE PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, POST SHALL HAVE NO LIABILITY TO JUPITER TO PERFORM OR PAY FOR SUCH INVESTIGATION, CLEAN-UP, REMOVAL OR REMEDIATION, AND JUPITER EXPRESSLY WAIVES AND RELEASES ANY CLAIM TO THE CONTRARY. THE FOREGOING SHALL NOT BE INTERPRETED TO WAIVE ANY CLAIM OF JUPITER WITH RESPECT TO ANY BREACH BY POST OF ANY EXPRESS REPRESENTATIONS AND WARRANTIES MADE BY POST IN SECTION 6.1 THAT EXPRESSLY SURVIVE CLOSING PURSUANT TO SECTION 6.3 . JUPITER REPRESENTS AND WARRANTS THAT THE TERMS OF THE RELEASE CONTAINED HEREIN AND ITS CONSEQUENCES HAVE BEEN COMPLETELY READ AND UNDERSTOOD BY JUPITER, AND JUPITER HAS HAD THE OPPORTUNITY TO CONSULT WITH, AND HAS CONSULTED WITH, LEGAL COUNSEL OF JUPITER'S CHOICE WITH REGARD TO THE TERMS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING RELEASE. JUPITER ACKNOWLEDGES AND WARRANTS THAT JUPITER'S EXECUTION OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTRELEASE IS FREE AND VOLUNTARY.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY (A) EXCEPT AS EXPRESSLY SET FORTH HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO NEITHER PARTY HAS MADE ANY PROMISES, COVENANTS, GUARANTEES, REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY NATURE, WHETHER EXPRESS DIRECTLY OR INDIRECTLY, EXPRESS, STATUTORY OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, INCLUDING MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISESSUITABILITY, STATEMENTSDURABILITY, REPRESENTATIONSCONDITION, QUALITY, OR ANY OTHER CHARACTERISTIC OF THE LICENSED PRODUCT, KNOW-HOW, MATERIALS OR PATENT RIGHTS. (B) KNOW-HOW, MATERIALS, CONFIDENTIAL INFORMATION PERTAINING AND PATENT RIGHTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “WITH ALL DEFECTS,” AND ESDC EXPRESSLY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST Mayo FOR MISREPRESENTATION OR FOR BREACH OF PROMISE, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE PROPERTY MADE LICENSED PRODUCTS, KNOW-HOW, MATERIALS, CONFIDENTIAL INFORMATION OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYPATENT RIGHTS, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESMayo EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESUSAGE, OR REGULATIONS REGARDING RETROFITTING TRADE PRACTICE, WITH RESPECT TO: THE SCOPE, VALIDITY OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING ENFORCEABILITY OF THE TRANSACTION CONTEMPLATED PATENT RIGHTS, KNOW-HOW, OR MATERIALS; THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION; OR THAT THE MANUFACTURE, USE, SALE, OFFER FOR SALE OR IMPORTATION OF THE LICENSED PRODUCTS WILL NOT INFRINGE OTHER INTELLECTUAL PROPERTY RIGHTS. NOTHING IN THIS AGREEMENT WILL BE CONSTRUED AS AN OBLIGATION FOR Mayo TO BRING, PROSECUTE OR DEFEND ACTIONS REGARDING THE PATENT RIGHTS, KNOW-HOW OR MATERIALS. (C) ESDC AGREES THAT Mayo AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING OUT OF ANY RIGHTS GRANTED OR PERFORMANCE MADE UNDER THIS AGREEMENT, WHETHER TO OR BY ESDC, A SUBLICENSEE OR A THIRD PARTY. IN NO EVENT WILL MAYO’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, EVEN IF Mayo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR EXCEED THE TOTAL AMOUNT OF ROYALTIES WHICH HAVE ACTUALLY BEEN PAID TO Mayo BY ESDC AS OF THE DATE OF FILING AN ACTION AGAINST Mayo WHICH RESULTS IN THE SETTLEMENT OR AWARD OF DAMAGES TO ESDC.

Disclaimers. NOTWITHSTANDING ANYTHING EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE INTERESTS ARE BEING CONVEYED AND ASSIGNED TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY AND ACCEPTED BY BUYER IN THEIR "AS IS" AND ", WHERE IS," CONDITION AND STATE OF REPAIR, AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS FAULTS AND DEFECTS, WITHOUT ANY REPRESENTATION, WARRANTY OR WARRANTIESCOVENANT OF ANY KIND OR NATURE, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, BY OPERATION INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF LAW OR OTHERWISEMARKETABILITY, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITYCONFORMITY TO SAMPLES, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY SELLER AND WAIVED BY BUYER. COUNTY THE INTERESTS HAVE BEEN USED FOR GAS PIPELINE, TRANSPORTATION, TREATING, STORAGE AND RELATED OPERATIONS. PHYSICAL CHANGES IN THE INTERESTS AND IN THE LANDS BURDENED THEREBY MAY HAVE OCCURRED AS A RESULT OF SUCH USES. THE INTERESTS MAY ALSO INCLUDE BURIED PIPELINES AND OTHER EQUIPMENT, THE LOCATIONS OF WHICH MAY NOT BE KNOWN BY SELLER OR READILY APPARENT BY A PHYSICAL INSPECTION OF THE INTERESTS. IT IS UNDERSTOOD AND AGREED THAT BUYER SHALL HAVE INSPECTED PRIOR TO CLOSING (OR SHALL BE DEEMED TO HAVE WAIVED ITS RIGHT TO INSPECT) THE INTERESTS AND THE ASSOCIATED PREMISES, AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, AND THAT BUYER SHALL ACCEPT ALL OF THE SAME IN THEIR "AS IS, WHERE IS" CONDITION AND STATE OF REPAIR, AND WITH ALL FAULTS AND DEFECTS, INCLUDING, BUT NOT LIABLE LIMITED TO, THE PRESENCE OF MAN-MADE MATERIAL FIBERS (MMMF) AND THE PRESENCE, RELEASE OR BOUND BY ANY GUARANTEESDISPOSAL OF HAZARDOUS SUBSTANCES. IN ADDITION, PROMISESSELLER MAKES NO REPRESENTATION, STATEMENTSCOVENANT OR WARRANTY, REPRESENTATIONSEXPRESS, IMPLIED OR INFORMATION PERTAINING STATUTORY, AS TO THE PROPERTY MADE ACCURACY OR FURNISHED BY COMPLETENESS OF ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, DATA OR OTHER PERSON REPRESENTING OR PURPORTING RECORDS DELIVERED TO REPRESENT COUNTY, EXCEPT AS AND BUYER WITH RESPECT TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESINTERESTS, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING DESCRIPTION OF THE TRANSACTION CONTEMPLATED BY INTERESTS, PRICING ASSUMPTIONS OR QUALITY OR QUANTITY OF THE INTERESTS. ANY RELIANCE ON OR USE OF SUCH INFORMATION SHALL BE AT BUYER'S SOLE RISK. THIS SECTION SHALL NOT OPERATE TO WAIVE OR RELEASE, AND IS EXPRESSLY SUBJECT TO, ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS OF SELLER CONTAINED IN THIS AGREEMENT. THIS SECTION SHALL NOT OPERATE TO WAIVE OR RELEASE ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS OF SELLER CONTAINED IN THE TRANSACTION AGREEMENTS.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING (A) THE PROPERTY "IS BEING SOLD “AS IS" ”. SELLER HEREBY EXCLUDES AND "WHERE IS," DISCLAIMS ANY AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BY OPERATION WAY OF LAW ILLUSTRATION AND NOT LIMITATION, WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, HABITABILITY AND MERCHANTABILITY. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR SELLER ANY LIABILITY IN CONNECTION WITH THE SALE OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE USE OF THE PROPERTY, THE INCOME AND THERE ARE NO AGREEMENTS OR EXPENSES FROM WARRANTIES, EITHER ORAL OR WRITTEN, COLLATERAL TO OR AFFECTING THIS CONTRACT, THE PROPERTY, OR . BUYER ACKNOWLEDGES THAT NO WARRANTY CLAIMS FOR ANY MATTERS RELATING TO THE COMPLIANCE CONDITION OF THE PROPERTY WITH MAY BE MADE AGAINST SELLER. BUYER FURTHER ACKNOWLEDGES THAT BUYER’S ACCEPTANCE OF SELLER’S DISCLAIMER OF WARRANTIES, INCLUDING THE DISCLAIMER OF ANY APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO IMPLIED WARRANTY OF HABITABILITY, SUITABILITYIS AN ESSENTIAL PART OF THE AGREEMENT REACHED BETWEEN BUYER AND SELLER. (B) EXCEPT FOR ANY WARRANTY ARISING UNDER THE DEED, MERCHANTABILITYSELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE REPRESENTATION, ORAL OR BOUND BY ANY GUARANTEESWRITTEN, PROMISESPAST, STATEMENTS, REPRESENTATIONSPRESENT, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTFUTURE OF, BROKER, EMPLOYEE, SERVANTAS TO, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTYCONCERNING THE NATURE AND CONDITION OF THE PROPERTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT WATER, SOIL, AND GEOLOGY, AND THE SUITABILITY THEREOF AND OF THE PROPERTY FOR ANY CODESAND ALL ACTIVITIES AND USES WHICH BUYER MAY ELECT TO CONDUCT THEREON. (C) EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, MUNICIPAL ORDINANCESSELLER HAS NOT MADE AND IS NOT MAKING ANY REPRESENTATION OR WARRANTY REGARDING MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, LAWSENVIRONMENTAL CONDITIONS, RULESZONING OR THE AVAILABILITY OF UTILITIES OR PERMITS. (D) BUYER ACKNOWLEDGES THAT HAVING BEEN GIVEN A SUFFICIENT OPPORTUNITY TO INSPECT THE PROPERTY, AND TO REVIEW OTHER MATERIAL GIVEN TO BUYER, BUYER IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY IN ARRIVING AT ITS DECISION TO PURCHASE THE PROPERTY AND HAS NOT RELIED UPON ANY PLANS SELLING BROCHURES, ADVERTISEMENTS, REPRESENTATIONS WARRANTES, STATEMENTS OR ESTIMATES OF ANY NATURE WRITTEN OR ORAL BY SELLER OR SELLER’S AGENT IN DECIDING TO PURCHASE THE PROPERTY AT THE STATED PRICE. (E) BUYER IS PURCHASING THE PROPERTY IN ITS PRESENT CONDITION, “AS IS, WHERE IS”, AND SELLER HAS NO OBLIGATION TO CONSTRUCT ANY IMPROVEMENTS THEREON, OR REGULATIONS TO PERFORM ANY OTHER ACT REGARDING RETROFITTING THE PROPERTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. (F) ANY FACTUAL INFORMATION SUCH AS PROPERTY DIMENSIONS, SQUARE FOOTAGE, OR PLUMBING FIXTURES)SKETCHES SHOWN TO BUYER OR SET FORTH HEREIN ARE OR MAY BE APPROXIMATE AND BUYER REPRESENTS TO SELLER THAT THEY HAVE INSPECTED AND VERIFIED THE FACTS AND INFORMATION PRIOR TO THE EXECUTION OF THIS AGREEMENT. NO LIABILITY FOR ANY INACCURACIES, ERRORS OR OMISSIONS IS ASSUMED BY THE SELLER, THE BROKER OR OTHER AGENTS. (G) THE REAL ESTATE SALESPERSONS AND BROKERS IN THIS TRANSACTION HAVE NO EXPERTISE WITH RESPECT TO ENVIRONMENTAL MATTERS. PROPER INSPECTIONS OF THE PROPERTY BY QUALIFIED EXPERTS ARE ENCOURAGED TO DETERMINE WHETHER OR NOT THERE ARE ANY CURRENT OR POTENTIAL ENVIRONMENTAL CONCERNS RELATING TO THE PROPERTY. THE PROVISIONS REAL ESTATE SALESPERSONS AND BROKERS IN THIS TRANSACTION HAVE NOT MADE, NOR WILL THEY MAKE, ANY REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, REGARDING THE EXISTENCE OR NON-EXISTENCE OF ANY SUCH ENVIRONMENTAL CONCERNS IN OR ON THE PROPERTY. (H) FURTHER AND WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISION OF THIS PARAGRAPH AGREEMENT, SELLER MAKES NO WARRANTY WITH RESPECT TO THE PRESENCE ON OR BENEATH THE LAND (OR ANY PARCEL IN PROXIMITY THERETO) OF HAZARDOUS MATERIALS. BY ACCEPTANCE OF THIS AGREEMENT AND THE DEED, BUYER ACKNOWLEDGES THAT BUYER'S OPPORTUNITY FOR INSPECTION AND INVESTIGATION OF SUCH LAND (AND OTHER PARCELS IN PROXIMITY THERETO) HAS BEEN ADEQUATE TO ENABLE BUYER TO MAKE BUYER'S OWN DETERMINATION WITH RESPECT TO THE PRESENCE ON OR BENEATH THE LAND (AND OTHER PARCELS IN PROXIMITY THERETO) OF SUCH HAZARDOUS MATERIALS. FURTHERMORE, BUYER'S CLOSING HEREUNDER SHALL SURVIVE THE CLOSING BE DEEMED TO CONSTITUTE AN EXPRESS WAIVER OF BUYER'S AND ITS SUCCESSORS’ AND ASSIGNS’ RIGHTS TO XXX ANY OF THE TRANSACTION CONTEMPLATED BY SELLER GROUP AND OF BUYER'S RIGHT TO CAUSE ANY OF THE SELLER GROUP TO BE JOINED IN AN ACTION BROUGHT UNDER ANY FEDERAL, STATE OR LOCAL LAW, RULE, ACT, OR REGULATION NOW EXISTING OR HEREAFTER ENACTED OR AMENDED WHICH PROHIBITS OR REGULATES THE USE, HANDLING, STORAGE, TRANSPORTATION OR DISPOSAL OF HAZARDOUS MATERIALS OR WHICH REQUIRES REMOVAL OR REMEDIAL ACTION WITH RESPECT TO SUCH HAZARDOUS MATERIALS, SPECIFICALLY INCLUDING BUT NOT LIMITED TO FEDERAL “CERCLA”, “RCRA”, AND “XXXX” ACTS. (I) [BUYER HAS BEEN MADE AWARE OF ANY DEED RESTRICTIONS THAT ARE ATTACHED TO THIS AGREEMENTPROPERTY AND IS BUYING SUBJECT TO THOSE DEED RESTRICTIONS. THE SPECIFIC DEED RESTRICTIONS ARE ATTACHED AS EXHIBIT “C”.2] (J) Buyer acknowledges and understands that if a dispute arises with Seller and the dispute results in a lawsuit, Buyer will not be able to rely on the Implied Warranty of Habitability described above, as a basis for suing Seller or as the basis of a defense if Seller sues Buyer. (K) Neither the Seller nor any past, present, and future officers, directors, shareholders, agents, representatives, heirs, successors, assigns and attorneys and their respective heirs, successors, and assigns (collectively, the “Seller Group”) shall be responsible for any incidental or consequential damages. (L) The provisions of this Paragraph shall survive delivery of the Deed and Closing.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY PROVIDED IN THIS USA, PURCHASER IS PURCHASING THE PROPERTY "ALL SERVICES AND DOCUMENTATION ARE PROVIDED ON AN “AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES” “AS AVAILABLE” BASIS, WHETHER WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY OPERATION INCLUDING WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, AND AS BETWEEN THE PARTIES, CLIENT BEARS THE SOLE RISK OF OPERATION AND USE OF THE SERVICES, AND THE QUALITY AND PERFORMANCE THEREOF. COUNTY IS KOR DOES NOT LIABLE GUARANTEE THAT THE SERVICES OR BOUND BY ANY GUARANTEESDOCUMENTATION, PROMISESINCLUDING ANY INFORMATION OR DATA PROCESSED OR GENERATED THEREBY, STATEMENTSWILL BE ACCESSIBLE, REPRESENTATIONSAVAILABLE, CURRENT, COMPLETE, UNINTERRUPTED, USEFUL, RELIABLE, SECURE, OR INFORMATION PERTAINING FREE OF ERRORS, DEFECTS OR MALICIOUS CODE. KOR SHALL NOT BE RESPONSIBLE FOR ANY ADVERSE CONSEQUENCES RESULTING FROM ANY USE OF, INABILITY TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTUSE, OR RELIANCE UPON, ANY SERVICES OR DOCUMENTATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL KOR BE RESPONSIBLE FOR ANY CLIENT DATA OR OTHER PERSON REPRESENTING CLIENT PROPERTY. CLIENT EXPRESSLY ACKNOWLEDGES THAT (i) USE OF THE SERVICES COULD RESULT IN THE LOSS, UNAUTHORIZED DISCLOSURE, DISTORTION, MODIFICATION, AND/OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS CORRUPTION OF CLIENT DATA AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCESOTHER CLIENT PROPERTY, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, ii) NONE OF THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESSERVICES OR DOCUMENTATION CONSTITUTE, OR REGULATIONS REGARDING RETROFITTING ARE INTENDED TO CONSTITUTE OR PLUMBING FIXTURES). THE PROVISIONS BE A SUBSTITUTE FOR, ANY FINANCIAL, TAX, TRADING, INVESTMENT, ACCOUNTING, LEGAL, REGULATORY, COMPLIANCE OR OTHER PROFESSIONAL ADVICE OR OTHER PROFESSIONAL SERVICES, OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTANY KIND.

Disclaimers. NOTWITHSTANDING ANYTHING TO EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE CONTRARY HEREINCLOSING DOCUMENTS: IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, EQUITY INTERESTS OR VALUE OF THE PROPERTY, THE INCOME INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR EXPENSES FROM THE PROPERTYREPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT, PATENT, PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF ANY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE EQUITY INTERESTS, THE COMPANY, THE SUBSIDIARY OR THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE EQUITY INTERESTS AND THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR THE CLOSING DOCUMENTS. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESS OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE EQUITY INTERESTS OR THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE EQUITY INTERESTS AND/OR PROPERTY) MADE OR FURNISHED BY ANY REAL ESTATE AGENTSELLER, BROKER, EMPLOYEE, SERVANTTHE MANAGER OF THE PROPERTY, OR OTHER PERSON ANY AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, EXCEPT TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE EQUITY INTERESTS AND PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS AND PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE EXTENT CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH HEREININ THIS AGREEMENT. UPON CLOSING, SUBJECT TO THE CLOSING DOCUMENTS, PURCHASER SHALL ASSUME RESPONSIBILITY FOR THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, 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 ALL OTHER SELLER PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS LAWS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, ENVIRONMENTAL LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). SUBJECT TO THE PROVISIONS PRECEDING SENTENCE, PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REMOVAL OF THIS PARAGRAPH SHALL SURVIVE HAZARDOUS MATERIALS OR OTHER ENVIRONMENTAL CONDITIONS ON THE CLOSING PROPERTY BE REQUIRED AFTER THE DATE OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTCLOSING, PURCHASER HEREBY WAIVES ANY RIGHT TO PURSUE ANY ACTION AGAINST SELLER WITH RESPECT TO SUCH CLEAN-UP, REMOVAL OR REMEDIATION. By initialing below, Purchaser acknowledges that (a) this Section 8.2 has been read and fully understood, (b) Purchaser has had the chance to ask questions of its counsel about its meaning and significance, and (c) Purchaser has accepted and agreed to the terms set forth in this Section 8.2.

Disclaimers. NOTWITHSTANDING ANYTHING THE SITE AND CONTENT ARE PROVIDED TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "YOU STRICTLY ON AN “AS IS" ” AND "WHERE IS," “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, AND THE XXXX.XX ENTITIES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESTHE SITE, CONTENT, AND THESE TERMS, WHETHER EXPRESS OR EXPRESS, IMPLIED, BY OPERATION OF LAW STATUTORY, OR OTHERWISE, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE QUALITYANY IMPLIED WARRANTIES OF MERCHANTABILITY, PHYSICAL CONDITIONFITNESS FOR A PARTICULAR PURPOSE, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSAND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITYTHE XXXX.XX ENTITIES DO NOT MAKE ANY REPRESENTATIONS, SUITABILITYWARRANTIES OR GUARANTEES WITH RESPECT TO THE COMPLETENESS, MERCHANTABILITYSECURITY, RELIABILITY, QUALITY, ACCURACY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE AVAILABILITY OF THE SITE OR BOUND BY CONTENT, NOR DO THE XXXX.XX ENTITIES REPRESENT, WARRANT OR GUARANTEE THAT ANY GUARANTEESDEFECTS, PROMISESERRORS OR MALFUNCTIONS IN OR CONNECTED WITH THE SITE OR CONTENT WILL BE CORRECTED, STATEMENTSTHAT THE SITE, REPRESENTATIONSCONTENT, OR INFORMATION PERTAINING TO THE PROPERTY MADE SERVERS THAT MAKES ANY OF THEM AVAILABLE, ARE FREE OF VIRUSES, TRAPS OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTOTHER HARMFUL CODE OR COMPONENTS, OR OTHER PERSON REPRESENTING THAT THE SITE OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREINCONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATIONACCORDINGLY, THE AMERICANS XXXX.XX ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM OR IN CONNECTION WITH DISABILITIES ACT AND ANY CODESTHE SITE OR CONTENT, MUNICIPAL ORDINANCESFOR EXAMPLE, LAWSFROM THE SITE OR CONTENT INOPERABILITY, RULESUNAVAILABILITY, OR REGULATIONS REGARDING RETROFITTING SECURITY VULNERABILITIES OR PLUMBING FIXTURES). FROM YOUR RELIANCE ON THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING QUALITY, ACCURACY, OR RELIABILITY OF THE TRANSACTION CONTEMPLATED BY SITE OR CONTENT, OR ANY INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE IN OR THROUGH THE SITE OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE EXCLUSIONS AND/OR LIMITATIONS IN THIS AGREEMENTSECTION 10 MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR CONTENT FOR ANY REASON, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO DISCONTINUE ALL YOUR ACCESS TO AND USE OF THE SITE AND CONTENT.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT: IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITYPROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR VALUE OF THE PROPERTYPROJECTIONS, THE INCOME OR EXPENSES FROM THE PROPERTYVALUATION, OR GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING GOVERNMENTAL LAWS, THE TRUTH, ACCURACY OR FIRE CODES COMPLETENESS OF THE PROPERTY DOCUMENTS OR ANY OTHER LAWS INFORMATION PROVIDED BY OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY ON BEHALF OF HABITABILITY, SUITABILITY, MERCHANTABILITYSELLER TO PURCHASER, OR FITNESS FOR A PARTICULAR PURPOSEANY OTHER MATTER OR THING REGARDING THE PROPERTY. COUNTY PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY BY, ANY GUARANTEESEXPRESSED OR IMPLIED WARRANTIES, PROMISESGUARANTIES, STATEMENTS, REPRESENTATIONS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY AND ANY ACTUAL OR PROPOSED BUDGETS FOR THE REAL PROPERTY) MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, BROKER OR OTHER PERSON AGENT REPRESENTING OR PURPORTING TO REPRESENT COUNTYSELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. PURCHASER REPRESENTS TO SELLER THAT PURCHASER IS A SOPHISTICATED INSTITUTIONAL INVESTOR WITH SUBSTANTIAL EXPERIENCE AND EXPERTISE WITH INVESTMENT PROPERTIES AND 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 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 HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE DOCUMENTS DELIVERED AT CLOSING. UPON CLOSING AND SUBJECT TO THE REPRESENTATIONS AND WARRANTIES OF SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE DOCUMENTS DELIVERED AT CLOSING, PURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER PROVIDED OTHERWISE IN THIS AGREEMENT, SHALL ASSUME RESPONSIBILITY FOR 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 ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES REQUIRED (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR 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 RELATING TO CAUSE THE CONDITION OF THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT ANY ENVIRONMENTAL LAWS) AND ANY CODESAND ALL OTHER ACTS, MUNICIPAL ORDINANCESOMISSIONS, LAWSEVENTS, RULESCIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY EXCEPT FOR FRAUD AND OBLIGATIONS OF SELLER UNDER THIS AGREEMENT OR ANY AGREEMENTS EXECUTED AND DELIVERED BY SELLER AT CLOSING. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REGULATIONS REGARDING RETROFITTING REMOVAL OF HAZARDOUS SUBSTANCES OR PLUMBING FIXTURES). OTHER ENVIRONMENTAL CONDITIONS ON THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE PROPERTY BE REQUIRED AFTER THE CLOSING DATE, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTSOLE COST AND EXPENSE OF PURCHASER. The waivers and releases set forth in Sections 5.7(a) and (b) and in the immediately preceding paragraph include claims of which Purchaser is presently unaware or which Purchaser does not presently suspect to exist which, if known by Purchaser, would materially affect Purchaser’s waiver or release of Seller and the other parties referenced in this Section.

Disclaimers. NOTWITHSTANDING ANYTHING ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR PROVIDED PURSUANT TO THE CONTRARY HEREINTHIS AGREEMENT (INCLUDING ANY STUDENT WORK PRODUCT), PURCHASER IS PURCHASING THE PROPERTY ARE GRANTED AND/OR PROVIDED ON AN "AS IS" AND "WHERE IS," AND WITH ALL FAULTSBASIS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESPARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, REGARDING ANY MATERIALS PROVIDED BY OPERATION IT, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. COUNTY IS NOT LIABLE WITHOUT LIMITING THE GENERAL NATURE OF THE PRIOR SENTENCE, NEITHER CARNEGIE MELLON NOR ANY STUDENT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING FREEDOM FROM THEFT OF TRADE SECRETS WITH RESPECT TO THE STUDENT WORK PRODUCT. COURSE SPONSOR IS PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF CARNEGIE MELLON OR ANY STUDENT RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING PROPERTY OR PURPORTING RIGHTS GRANTED AND/OR PROVIDED TO REPRESENT COUNTYIT PURSUANT TO THIS AGREEMENT. NEITHER CARNEGIE MELLON NOR ANY STUDENT SHALL BE LIABLE TO EDUCATIONAL PROJECT SPONSOR OR ANY THIRD PARTY FOR LOSS OF PROFITS OR FOR INCIDENTAL, EXCEPT AS AND INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOVER ARISING OUT OF OR RELATING TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND INCLUDING ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS BREACH OF THIS PARAGRAPH SHALL SURVIVE AGREEMENT), EVEN IF CARNEGIE MELLON OR THE CLOSING STUDENT HAS BEEN ADVISED OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTPOSSIBILITY OF SUCH DAMAGES OR HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN(a) MAYO HAS NOT MADE AND DOES NOT MAKE ANY PROMISES, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO COVENANTS, GUARANTEES, REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY NATURE, WHETHER EXPRESS DIRECTLY OR INDIRECTLY, EXPRESS, STATUTORY OR IMPLIED, BY OPERATION OF LAW OR OTHERWISEINCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE , SUITABILITY, DURABILITY, CONDITION, QUALITY OR BOUND BY ANY GUARANTEESOTHER CHARACTERISTIC OF THE PATENT RIGHTS, PROMISES, STATEMENTS, REPRESENTATIONSKNOW-HOW, OR CONFIDENTIAL INFORMATION. (b) PATENT RIGHTS, KNOW-HOW, AND CONFIDENTIAL INFORMATION PERTAINING ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “WITH ALL DEFECTS,” AND COMPANY EXPRESSLY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST MAYO FOR MISREPRESENTATION OR FOR BREACH OF PROMISE, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTPATENT RIGHTS, BROKER, EMPLOYEE, SERVANTKNOW-HOW, OR OTHER PERSON REPRESENTING CONFIDENTIAL INFORMATION. MAYO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR PURPORTING TO REPRESENT COUNTYTRADE PRACTICE, EXCEPT AS AND TO WITH RESPECT TO: THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE SCOPE, VALIDITY OR ENFORCEABILITY OF THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESPATENT RIGHTS, MUNICIPAL ORDINANCESKNOW-HOW, AND OTHER LAWSCONFIDENTIAL INFORMATION; THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION; OR THAT THE USE, RULESSALE, AND REGULATIONS (INCLUDINGOFFER FOR SALE OR IMPORTATION OF THE LICENSED PRODUCT, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESPATENT RIGHTS, OR REGULATIONS KNOW- HOW WILL NOT INFRINGE OTHER INTELLECTUAL PROPERTY RIGHTS. NOTHING IN THIS AGREEMENT WILL BE CONSTRUED AS AN OBLIGATION FOR MAYO TO BRING, PROSECUTE OR DEFEND ACTIONS REGARDING RETROFITTING THE PATENT RIGHTS, OR PLUMBING FIXTURES)KNOW-HOW AND CONFIDENTIAL INFORMATION. (c) COMPANY AGREES THAT MAYO AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING OUT OF ANY RIGHTS GRANTED OR PERFORMANCE MADE UNDER THIS AGREEMENT, WHETHER TO OR BY COMPANY, SUBLICENSEE OR A THIRD PARTY. THE PROVISIONS IN NO EVENT WILL MAYO’S LIABILITY OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, EVEN IF MAYO HAS BEEN ADVISED OF THE TRANSACTION CONTEMPLATED POSSIBILITY OF SUCH DAMAGES, OR EXCEED THE TOTAL AMOUNT OF ROYALTIES THAT HAVE ACTUALLY BEEN PAID TO MAYO BY THIS AGREEMENTCOMPANY AS OF THE DATE OF FILING AN ACTION AGAINST MAYO THAT RESULTS IN THE SETTLEMENT OR AWARD OF DAMAGES TO COMPANY.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY (a) EXCEPT AS EXPLICITLY STATED HEREIN, PURCHASER IS PURCHASING NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY INCYTE THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION WITHIN THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTSINCYTE PATENT RIGHTS, THAT ANY PATENT WITHIN THE INCYTE PATENT RIGHTS THAT HAS ISSUED OR ISSUES WILL BE VALID, OR THAT THE USE OF ANY LICENSE GRANTED HEREUNDER OR THAT THE USE OF ANY INCYTE PATENT RIGHTS WILL NOT INFRINGE THE PATENT OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. COUNTY IS MAKING INCYTE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SENOMYX's USE OF THE INFORMATION TO BE PROVIDED TO IT HEREUNDER. EXCEPT AS EXPLICITLY STATED HEREIN, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING WARRANTIES OF LAW MERCHANTABILITY, NOVELTY OR OTHERWISEFITNESS OF GENE PRODUCTS OR DATABASE INFORMATION FOR ANY PARTICULAR PURPOSE, ARE EXCLUDED. INCYTE MAKES NO WARRANTY THAT THE DATABASE INFORMATION DOES NOT CONTAIN ERRORS. LIKEWISE, SENOMYX MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE QUALITYINFORMATION PROVIDED BY SENOMYX HEREUNDER EXCEPT AS EXPLICITLY STATED HEREIN, PHYSICAL CONDITIONALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NOVELTY OR FITNESS OF SENOMYX SEQUENCES, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS COLLABORATIVE GENE PRODUCTS FOR A ANY PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, ARE EXCLUDED. (b) EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY EXPLICITLY STATED HEREIN NEITHER PARTY WILL BE LIABLE FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY NATURE ARISING FROM SUCH PARTY'S ACTIVITIES UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT THIS LIMITATION SHALL NOT LIMIT THE INDEMNIFICATION OBLIGATION OF SUCH PARTY UNDER SECTION 9.2 BELOW FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES RECOVERED BY A THIRD PARTY.

Disclaimers. NOTWITHSTANDING ANYTHING (a) IF A FACILITY IS OPENED OR MODIFIED BY BUYER OR ANY BUYER PERSON (EXCLUDING CUSTOMERS AND EMERGENCY RESPONDERS) FOR ANY REASON OTHER THAN IN RESPONSE TO AN EMERGENCY POSING IMMINANT RISK TO PERSONS OR PROPERTY OR IN RESPONSE TO AN INJUCTION OR OTHER LEGALLY COMPELLED OR MANDATED ACTION (IN WHICH CASE BUYER SHALL PROVIDE IMMEDIATE NOTICE TO CONTRACTOR OF THE EXISTENCE OF SUCH ACTION), THEN, AS OF THE DATE SUCH FACILITY WAS OPENED OR MODIFIED, THE GENERAL PRODUCT WARRANTY AND THE INFRINGEMENT WARRANTY FOR ALL PROJECTS SHALL BE NULL AND VOID. (b) EXCEPT AS STATED IN SECTION 2 OF THE ASSIGNMENT AGREEMENT, THE GENERAL PRODUCT WARRANTY AND THE INFRINGEMENT WARRANTY (I) EACH PROJECT AND ITS ASSOCIATED FACILITY IS TRANSFERRED “AS IS, WHERE IS” AND CONTRACTOR EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE CONTRARY HEREININSTALLATION, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR WARRANTIESDESIGN, WHETHER EXPRESS OR IMPLIEDDESCRIPTION, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEESUSE, PROMISESCOMPLETENESS, STATEMENTS, REPRESENTATIONSUSEFUL LIFE, OR INFORMATION PERTAINING TO FUTURE ECONOMIC VIABILITY OF THE PROPERTY MADE PROJECT OR FURNISHED BY ANY REAL ESTATE AGENTITS ASSOCIATED FACILITY, BROKER, EMPLOYEE, SERVANTTHE WORK, OR ANY OTHER SERVICE PROVIDED HEREUNDER. NO PERSON REPRESENTING OTHER THAN CONTRACTOR IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR PURPORTING TO REPRESENT COUNTYREPRESENTATION CONCERNING ANY PROJECT, EXCEPT ANY FACILITY OR THE WORK. (c) THE SOFTWARE IS PROVIDED “AS IS” AND TO THE EXTENT WITHOUT ANY WARRANTY OF ANY KIND. CONTRACTOR EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR DISCLAIMS ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODESWARRANTIES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, EXPRESS OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTIMPLIED.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN13.6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING FATE MAKES NO REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, BY OPERATION INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE , WITH RESPECT TO ANY FATE CONFIDENTIAL INFORMATION OR BOUND ANY LICENSE GRANTED BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONSFATE UNDER ITS INTELLECTUAL PROPERTY RIGHTS HEREUNDER, OR INFORMATION PERTAINING WITH RESPECT TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENTANTIGEN BINDING DOMAIN, BROKER, EMPLOYEE, SERVANTCOLLABORATION CANDIDATE. LICENSED COLLABORATION CANDIDATE, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, LICENSED PRODUCT. 13.6.2 EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY IN THIS AGREEMENT, XXXXXXX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ALL COSTS AND EXPENSES REQUIRED A PARTICULAR PURPOSE, WITH RESPECT TO CAUSE THE ANY XXXXXXX CONFIDENTIAL INFORMATION OR ANY LICENSE GRANTED BY XXXXXXX UNDER ITS INTELLECTUAL PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULESRIGHTS HEREUNDER, OR REGULATIONS REGARDING RETROFITTING WITH RESPECT TO ANY ANTIGEN BINDING DOMAIN, COLLABORATION CANDIDATE, LICENSED COLLABORATION CANDIDATE, OR PLUMBING FIXTURES)LICENSED PRODUCT. 13.7 LIMITATION OF LIABILITY. EXCEPT FOR CLAIMS OF A THIRD PARTY THAT ARE SUBJECT TO INDEMNIFICATION UNDER ARTICLE 14, NEITHER PARTY SHALL BE LIABLE TO THE PROVISIONS OTHER WITH RESPECT TO ANY SUBJECT MATTER OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING AGREEMENT, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, MULTIPLE, OR CONSEQUENTIAL DAMAGES, (INCLUDING LOST PROFITS, LOSS OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTUSE, DAMAGE TO GOODWILL, LOSS OF OPPORTUNITIES, OR LOSS OF BUSINESS).

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. COUNTY IS MAKING (a) NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION WARRANTIES OF LAW OR OTHERWISE, ANY KIND ARE MADE WITH RESPECT TO THE QUALITYPROPERTY, PHYSICAL CONDITIONINCLUDING, WITHOUT LIMITATION, ITS CONDITION OR ANY USE TO WHICH IT MAY BE PUT. BUYER ACKNOWLEDGES THAT THE PROPERTY IS BEING SOLD ON AN “AS IS,” “WHERE IS,” “WITH ALL DEFECTS” BASIS. ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR VALUE OF THE PROPERTYOTHERWISE, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT COUNTY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WARRANTIES OF HABITABILITY, MERCHANTABILITY, MARKETABILITY, AND FITNESS FOR ANY PURPOSE, SHALL BE AND HEREBY ARE DISCLAIMED. (b) NO REPRESENTATION OR WARRANTY IS MADE AS TO THE PROPERTY’S COMPLIANCE WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, REGULATIONS, OR REGULATIONS ORDINANCES, INCLUDING, WITHOUT LIMITATION, ANY OF THE SAME PERTAINING TO ZONING, ENVIRONMENTAL LAW, OR HAZARDOUS WASTE. (c) SELLER AND ITS OFFICERS, EMPLOYEES, AGENTS, AND ATTORNEYS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR LOSS OF ASSETS, LOSS OF INCOME, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, AND/OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR INJURY. (d) BUYER ACKNOWLEDGES THAT BUYER HAS HAD A FULL AND UNRESTRICTED OPPORTUNITY TO INSPECT THE PROPERTY, FREE OF ANY COERCION FROM AND WITHOUT RELYING UPON ANY REPRESENTATIONS BY SELLER. (e) BUYER ACKNOWLEDGES ITS FULL AND UNCONDITIONAL ACCEPTANCE OF THE PHYSICAL CONDITION OF THE PROPERTY AND THAT SELLER HAS MADE NO REPRESENTATION, PROMISE, OR WARRANTY OF ANY KIND ON WHICH BUYER HAS RELIED RELATING TO THE PHYSICAL CONDITION OF THE PROPERTY. (f) BUYER IS NOT ENTITLED TO RELY ON ANY REPRESENTATIONS OR WARRANTIES REGARDING RETROFITTING THE PROPERTY AND ANY SUCH REPRESENTATIONS OR PLUMBING FIXTURES)WARRANTIES HAVE NOT BEEN AUTHORIZED BY SELLER OR ITS OFFICERS, EMPLOYEES, AGENTS, OR ATTORNEYS. SELLER TAKES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE AS A RESULT OF SUCH REPRESENTATIONS OR WARRANTIES. (g) THE PROVISIONS OF IN THIS PARAGRAPH SECTION THE AGREEMENT SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTCLOSING.

Disclaimers. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREINFULLEST EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER YOU EXPRESSLY UNDERSTAND AND AGREE THATYOUR ACCESS TO AND USE OF THE DIRECT PAYMENTS SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE DIRECT PAYMENTS SERVICE ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DIRECT PAYMENTS SERVICE IS PURCHASING THE PROPERTY "PROVIDED ON AN “AS IS" ” AND "WHERE IS," “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WITH WE EXPRESSLY DISCLAIM ANY AND ALL FAULTS. COUNTY IS MAKING NO REPRESENTATIONS OR CONDITIONS, REPRESENTATIONS, WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW STATUTORY, OR OTHERWISE, WITH RESPECT TO THE QUALITYINCLUDING, PHYSICAL CONDITIONWITHOUT LIMITATION, OR VALUE ANY IMPLIED WARRANTY OF THE PROPERTYTITLE, THE INCOME OR EXPENSES FROM THE PROPERTYMERCHANTABILITY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONSFITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COUNTY MAKES WE MAKE NO WARRANTY OF HABITABILITYTHAT (A) THE DIRECT PAYMENTS SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE DIRECT PAYMENTS SERVICE WILL BE UNINTERRUPTED, SUITABILITYTIMELY, MERCHANTABILITYSECURE, OR FITNESS FOR A PARTICULAR PURPOSE. COUNTY IS NOT LIABLE ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIRECT PAYMENTS SERVICE WILL BE ACCURATE OR BOUND BY RELIABLE; (D) THE QUALITY OF ANY GUARANTEESPRODUCTS, PROMISESSERVICES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANTINFORMATION, OR OTHER PERSON REPRESENTING MATERIAL PURCHASED OR PURPORTING OBTAINED BY YOU THROUGH THE DIRECT PAYMENTS SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE DIRECT PAYMENTS SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO REPRESENT COUNTYYOU. HOWEVER, EXCEPT AS AND ANY LIMITATION WILL BE CONSTRUED TO THE MAXIMUM EXTENT EXPRESSLY SET FORTH HEREIN. PURCHASER SHALL ASSUME RESPONSIBILITY FOR ALL COSTS AND EXPENSES REQUIRED TO CAUSE THE PROPERTY TO COMPLY WITH ALL PERMITTED UNDER APPLICABLE BUILDING AND FIRE CODES, MUNICIPAL ORDINANCES, AND OTHER LAWS, RULES, AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT AND ANY CODES, MUNICIPAL ORDINANCES, LAWS, RULES, OR REGULATIONS REGARDING RETROFITTING OR PLUMBING FIXTURES). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTLAW.