Common use of Exclusion of Other Warranties Clause in Contracts

Exclusion of Other Warranties. EXCEPT FOR THE LIMITED ----------------------------- WARRANTIES PROVIDED IN SECTIONS 6.1.1, 6.1.2 AND 6.1.3 ABOVE, THERASENSE GRANTS NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY STATUTE, IN ANY COMMUNICATION WITH NIPRO OR ITS CUSTOMERS, OR OTHERWISE, REGARDING THE FREESTYLE PRODUCTS, AND THERASENSE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT. EXCEPT AS PROVIDED EXPRESSLY IN THIS AGREEMENT AND/OR THERASENSE'S WARRANTY, THERASENSE DOES NOT WARRANT THAT OPERATION OF THE FREESTYLE PRODUCTS WILL BE UNINTERRUPTED OR ERROR- FREE. THERASENSE NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF ANY FREESTYLE PRODUCT. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF THERASENSE, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON THERASENSE OR ITS THIRD PARTY SUPPLIERS.

Exclusion of Other Warranties. EXCEPT FOR THE LIMITED ----------------------------- WARRANTIES PROVIDED WHERE OTHERWISE SET FORTH IN THIS AGREEMENT, SECTIONS 6.1.1, 6.1.2 7.1,7.2,7.3,7.4 AND 6.1.3 ABOVE, THERASENSE GRANTS NO OTHER WARRANTIES OR 7.5 ARE IN LIEU OF ALL CONDITIONS, EXPRESS WARRANTIES AND STATEMENTS IN RESPECT OF PRODUCT AND THE SERVICES PROVIDED HEREUNDER, WHETHER EXPRESSED OR IMPLIED, IMPLIED BY STATUTE, IN ANY COMMUNICATION WITH NIPRO OR ITS CUSTOMERS, CUSTOM OF THE TRADE OR OTHERWISE, REGARDING INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE FREESTYLE PRODUCTSDESCRIPTION OR QUALITY OF PRODUCT, AND THERASENSE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYPURPOSE OR USE UNDER ANY CONDITIONS, AND NONINFRINGEMENTANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED EXPRESSLY IN THIS AGREEMENT AND/ARTICLE 9 WITH RESPECT TO THIRD PARTY CLAIMS, REPLACEMENT OR THERASENSE'S WARRANTY, THERASENSE DOES NOT WARRANT THAT OPERATION OF THE FREESTYLE PRODUCTS WILL BE UNINTERRUPTED OR ERROR- FREE. THERASENSE NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE REFUND OF ANY FREESTYLE PRODUCT. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF THERASENSE, THAT ARE INCONSISTENT HEREWITH NONCONFORMING PRODUCT AND REASONABLE DOCUMENTED OUT-OF-POCKET EXPENSES SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON THERASENSE OR ITS THIRD PARTY SUPPLIERSPURCHASER’S SOLE REMEDY FOR BREACH OF ANY PROVISION OF THIS AGREEMENT. Except for each party’s indemnification obligations pursuant to Sections 9.1 and 9.2 for Third Party Claims and injunctive relief permitted under Section 8.4, in no event shall Aventis or Purchaser and/or their respective Affiliates, be liable under or with respect to this Agreement, whether due to breach of warranty, tort, or repudiation of any term or condition or otherwise, for any indirect, incidental, consequential, special or punitive damages of any kind, including, but not limited to, loss of profits, provided however, in the event of Aventis’ failure to supply Product in accordance with the terms of this Agreement as a result of its gross negligence or intentional breach of this Agreement, Purchaser shall be entitled to seek loss of profits as its damages for such intentional breach or gross negligence. [*] Confidential treatment requested.

Exclusion of Other Warranties. EXCEPT FOR THE LIMITED ----------------------------- WARRANTIES PROVIDED IN SECTIONS 6.1.1, 6.1.2 AND 6.1.3 ABOVE, THERASENSE GRANTS PLANAR PROVIDES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY STATUTEEXCEPT THOSE EXPRESSLY PROVIDED IN THIS DOCUMENT. PLANAR EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES AND CONDITIONS, IN ANY COMMUNICATION WITH NIPRO OR ITS CUSTOMERS, OR OTHERWISE, REGARDING THE FREESTYLE PRODUCTS, AND THERASENSE SPECIFICALLY DISCLAIMS INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT. EXCEPT AS PROVIDED EXPRESSLY PLANAR WILL NOT BE LIABLE FOR ANY VERBAL OR WRITTEN WARRANTIES OR ASSURANCES MADE BY A PLANAR EMPLOYEE OR AUTHORIZED PLANAR DEALER/DISTRIBUTOR THAT CONFLICTS WITH OR ENHANCES THE WRITTEN WARRANTY IN THIS AGREEMENT AND/OR THERASENSEDOCUMENT. PLANAR'S WARRANTY, THERASENSE DOES NOT WARRANT THAT OPERATION MAXIMUM AGGREGATE LIABILITY UNDER THIS WARRANTY IS LIMITED TO ONE OF THE FREESTYLE PRODUCTS FOLLOWING REMEDIES: (1) REPLACEMENT WITH A SIMILAR NEW OR REFURBISHED PRODUCT, OR (2) REFUND OF A PRORATED SHARE OF THE PRICE PLANAR SOLD THE PRODUCT IF REPLACEMENT OF THE PRODUCT IS NOT COMMERCIALLY FEASIBLE IN PLANAR’S SOLE OPINION. PLANAR WILL NOT BE UNINTERRUPTED LIABLE FOR DAMAGE TO OTHER PROPERTY OR ERROR- FREEFOR DAMAGES BASED UPON INCONVENIENCE, LOSS OF USE OF THE PRODUCT, LOSS OF TIME, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, ANY LOSS, CORRUPTION OR MISUSE OF DATA OR OTHER INFORMATION, INTERFERENCE WITH BUSINESS RELATIONSHIPS, OR OTHER COMMERCIAL OR FINANCIAL LOSS, EVEN IF PLANAR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. THERASENSE NEITHER ASSUMES NOR AUTHORIZES PLANAR WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR ANY OTHER PERSON TO ASSUME TYPE OF DAMAGES, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LIABILITIES ARISING OUT OF LEGAL OR IN CONNECTION WITH EQUITABLE THEORY. XXXXXX WILL NOT BE LIABLE FOR ANY CLAIM AGAINST THE SALE OR USE OF ANY FREESTYLE PRODUCT. CUSTOMER BY ANY OTHER REPRESENTATIONS PARTY. NOTHING IN THIS WARRANTY LIMITS OR WARRANTIES MADE BY EXCLUDES ANY PERSON LIABILITY THAT CANNOT BE LIMITED OR ENTITYEXCLUDED UNDER APPLICABLE LAW. This limited warranty gives you specific legal rights, INCLUDING EMPLOYEES OR REPRESENTATIVES OF THERASENSEand you may have other rights that vary from locality to locality. Some localities do not allow limitations on implied warranties or do not allow the exclusion of incidental or consequential damages, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON THERASENSE OR ITS THIRD PARTY SUPPLIERSso the above limitations and exclusions may not apply to you. This LED Standard Limited Warranty applies only to Products purchased on or after the effective date of this Warranty. Planar reserves the right to change the terms of this Warranty. Such changes will apply to Products purchased on or after the effective date of the revised warranty. Additional Coverage: Covered Products include the following LED video walls purchased and installed in North America. All accessories, Field Replaceable Units (FRUs) and components (including but not limited to cables, power supplies and boards) purchased AT THE TIME of the initial Product purchase are covered. For items purchased AFTER the initial Product purchase, standard warranty period for Accessories apply. Planar® CarbonLight™ CLI Series Planar® CarbonLight CLI Flex Series Planar® CarbonLight™ CLA Series Planar® CarbonLight™ CLF Series Planar® CarbonLight™ CLM Series Planar® CarbonLight™ CLO Series 2 Years Includes Additional Coverage defined above. Planar® TVF Series (Outside North America) Planar® TVF Complete (Outside North America) Planar® VS Series Planar® VVR Series Planar® TVH Series Planar® FX Series Planar® HRO Series Planar® HRO Complete LED Video Walls Planar® VersaLight™ Series Planar® TW Series Planar® NVH Series Planar® uEV Series Planar® uLV Series 2 Years Includes Additional Coverage defined above. Advanced Replacement is applicable (excluding LED modules).

Exclusion of Other Warranties. EXCEPT FOR THE LIMITED ----------------------------- WARRANTIES AS PROVIDED IN SECTIONS 6.1.1SECTION 6.1 OF THIS PROFESSIONAL SERVICES AGREEMENT, 6.1.2 THE PROJECTS ARE PROVIDED ON AN “AS IS” AND 6.1.3 ABOVE“AS AVAILABLE” BASIS AND CLIENT AGREES THAT CLIENT’S USE OF THE PROJECTS SHALL BE AT CLIENT’S SOLE DISCRETION AND RISK. THE WARRANTY SET FORTH IN SECTION 6.1 OF THIS PROFESSIONAL SERVICES AGREEMENT IS IN LIEU OF ALL OTHER REPRESENTATIONS, THERASENSE GRANTS NO OTHER WARRANTIES OR CONDITIONS. EXCEPT AS PROVIDED IN SECTION 6.1 OF THIS PROFESSIONAL SERVICES AGREEMENT, COLLIGO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, BY STATUTEIMPLIED OR STATUTORY, IN CONNECTION WITH ANY COMMUNICATION WITH NIPRO OR ITS CUSTOMERSPROJECTS AND CLIENT’S USE THEREOF, OR OTHERWISE, REGARDING THE FREESTYLE PRODUCTS, AND THERASENSE SPECIFICALLY DISCLAIMS INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYACCURACY, COMPLETENESS, PERFORMANCE, HARDWARE COMPATIBILITY, QUIET ENJOYMENT, TITLE AND NONINFRINGEMENTNON-INFRINGEMENT. EXCEPT AS PROVIDED NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY CLIENT FROM COLLIGO OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT AND/OR THERASENSE'S WARRANTY, THERASENSE AGREEMENT. FURTHERMORE COLLIGO DOES NOT WARRANT THAT OPERATION OF THE FREESTYLE PRODUCTS WILL BE UNINTERRUPTED OR ERROR- FREE. THERASENSE NEITHER ASSUMES NOR AUTHORIZES MAKE ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF ANY FREESTYLE PRODUCT. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY OF ANY PERSON KIND TO CLIENT WITH RESPECT TO ANY HARDWARE OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF THERASENSE, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON THERASENSE OR ITS THIRD PARTY SUPPLIERSSOFTWARE.

Exclusion of Other Warranties. EXCEPT FOR TO THE LIMITED ----------------------------- EXTENT PERMITTED BY LAW, THE REPRESENTATIONS AND WARRANTIES PROVIDED SET FORTH IN SECTIONS 6.1.1THIS AGREEMENT (INCLUDING IN ANY WORK ORDERS) ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY RIVIAN WITH RESPECT TO THE PRODUCTS, 6.1.2 DEVELOPMENT DELIVERABLES, AND 6.1.3 ABOVE, THERASENSE GRANTS NO SERVICES AND ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY STATUTE, IN ANY COMMUNICATION WITH NIPRO OR ITS CUSTOMERS, OR OTHERWISE, REGARDING THE FREESTYLE PRODUCTS, AND THERASENSE SPECIFICALLY DISCLAIMS ANY IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE; ALL OF WHICH ARE EXPRESSLY DISCLAIMED. FOR CLARITY, AS BETWEEN AMAZON AND RIVIAN, THE DIRECTED COMPONENTS ARE PROVIDED BY RIVIAN ON AN “AS IS WHERE IS” BASIS WITH ALL FAULTS AND RIVIAN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND FOR THE DIRECTED COMPONENTS OR THE DIRECTED SUPPLIERS, WHETHER EXPRESS OR IMPLIED BY STATUTE, CUSTOM OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGMENT, OR OTHERWISE, ALL OF WHICH ARE DISCLAIMED. TO THE EXTENT RIVIAN SOURCES DIRECTED COMPONENT(S), (A) RIVIAN’S AGREEMENT WITH THE DIRECTED SUPPLIER WILL STATE THAT ANY WARRANTY FOR SUCH DIRECTED COMPONENT(S) FROM THE DIRECTED SUPPLIER(S) WILL BE PROVIDED TO AMAZON, AND NONINFRINGEMENT(B) RIVIAN WILL NAME AMAZON AS A THIRD-PARTY BENEFICIARY OF XXXXXX’S AGREEMENT WITH THE DIRECTED SUPPLIER SUCH THAT AMAZON CAN ENFORCE RIVIAN’S RIGHTS UNDER SUCH AGREEMENT AGAINST THE DIRECTED SUPPLIER. EXCEPT AS PROVIDED EXPRESSLY RIVIAN SHALL ONLY BE REQUIRED TO RECOVER THE SUMS DUE FROM THE DIRECTED SUPPLIER OF EACH APPLICABLE DIRECTED COMPONENT THAT RIVIAN CAN SETOFF OR DEBIT AGAINST RIVIAN’S THEN EXISTING OR FUTURE ACCOUNT PAYABLES TO SUCH SUPPLIER FOR THE DIRECTED COMPONENT OR ANY ADDITIONAL AMOUNTS THAT RIVIAN IS ABLE TO RECOVER WITH COMMERCIALLY REASONABLE EFFORT AT NO ADDITIONAL COST TO RIVIAN, WHICH, FOR THE AVOIDANCE OF DOUBT, SHALL NOT REQUIRE ANY FORM OF DISPUTE RESOLUTION INCLUDING, WITHOUT LIMITATION, LITIGATION, ARBITRATION, MEDIATION, OR OTHERWISE. IN THIS AGREEMENT AND/OR THERASENSE'S THE EVENT THAT AMAZON IS DISSATISFIED (IN AMAZON’S SOLE DISCRETION) WITH XXXXXX’S HANDLING OF ANY WARRANTY, THERASENSE DOES NOT WARRANT THAT OPERATION SETTLEMENT, OR COLLECTION ACTIVITIES AT ANY POINT IN THE RECOVERY PROCESS WITH SUCH A DIRECTED SUPPLIER, OR WITH THE AMOUNT OF SUCH RECOVERY RELATED TO THE FREESTYLE PRODUCTS WILL BE UNINTERRUPTED OR ERROR- FREE. THERASENSE NEITHER ASSUMES NOR AUTHORIZES DIRECTED COMPONENT(S), RIVIAN SHALL ASSIGN ITS RIGHTS AND OBLIGATIONS WITH RESPECT TO SUCH ACTIVITIES TO AMAZON WITHOUT ANY OTHER PERSON FURTHER LIABILITY AND IN SATISFACTION OF ANY OBLIGATION TO ASSUME ANY OTHER LIABILITIES AMAZON ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF ANY FREESTYLE PRODUCT. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF THERASENSE, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON THERASENSE OR ITS THIRD PARTY SUPPLIERSSUCH CLAIMS. 2.23 Section 12.1 of the Framework Agreement is hereby amended by deleting the words of such Section and substituting in lieu thereof the words

Exclusion of Other Warranties. EXCEPT FOR THE LIMITED WARRANTY ----------------------------- WARRANTIES PROVIDED IN SECTIONS 6.1.1, 6.1.2 7.2 AND 6.1.3 7.3 ABOVE, THERASENSE FMT GRANTS NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY STATUTE, IN ANY COMMUNICATION WITH NIPRO DISTRIBUTOR OR ITS CUSTOMERSTHE CUSTOMER, OR OTHERWISE, REGARDING THE FREESTYLE PRODUCTSPRODUCT OR THE PRODUCT'S QUALITY, AND THERASENSE FMT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT. EXCEPT AS PROVIDED EXPRESSLY IN THIS AGREEMENT AND/OR THERASENSE'S WARRANTY, THERASENSE FMT DOES NOT WARRANT THAT OPERATION OF THE FREESTYLE PRODUCTS WILL BE UNINTERRUPTED OR ERROR- FREE. THERASENSE FMT NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF ANY FREESTYLE FMT PRODUCT. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF THERASENSEFMT, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON THERASENSE FMT OR ITS THIRD PARTY SUPPLIERS.

Exclusion of Other Warranties. EXCEPT FOR THE LIMITED ----------------------------- WARRANTIES PROVIDED IN SECTIONS 6.1.1, 6.1.2 AND 6.1.3 ABOVE, THERASENSE GRANTS PLANAR PROVIDES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY STATUTEEXCEPT THOSE EXPRESSLY PROVIDED IN THIS DOCUMENT. PLANAR EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES AND CONDITIONS, IN ANY COMMUNICATION WITH NIPRO OR ITS CUSTOMERS, OR OTHERWISE, REGARDING THE FREESTYLE PRODUCTS, AND THERASENSE SPECIFICALLY DISCLAIMS INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT. EXCEPT AS PROVIDED EXPRESSLY PLANAR WILL NOT BE LIABLE FOR ANY VERBAL OR WRITTEN WARRANTIES OR ASSURANCES MADE BY A PLANAR EMPLOYEE OR AUTHORIZED PLANAR DEALER/DISTRIBUTOR THAT CONFLICTS WITH OR ENHANCES THE WRITTEN WARRANTY IN THIS AGREEMENT AND/OR THERASENSEDOCUMENT. PLANAR'S WARRANTY, THERASENSE DOES NOT WARRANT THAT OPERATION MAXIMUM AGGREGATE LIABILITY UNDER THIS WARRANTY IS LIMITED TO ONE OF THE FREESTYLE PRODUCTS FOLLOWING REMEDIES: (1) REPLACEMENT WITH A SIMILAR NEW OR REFURBISHED PRODUCT, OR (2) REFUND OF A PRORATED SHARE OF THE PRICE PLANAR SOLD THE PRODUCT IF REPLACEMENT OF THE PRODUCT IS NOT COMMERCIALLY FEASIBLE IN PLANAR’S SOLE OPINION. PLANAR WILL NOT BE UNINTERRUPTED LIABLE FOR DAMAGE TO OTHER PROPERTY OR ERROR- FREEFOR DAMAGES BASED UPON INCONVENIENCE, LOSS OF USE OF THE PRODUCT, LOSS OF TIME, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, ANY LOSS, CORRUPTION OR MISUSE OF DATA OR OTHER INFORMATION, INTERFERENCE WITH BUSINESS RELATIONSHIPS, OR OTHER COMMERCIAL OR FINANCIAL LOSS, EVEN IF PLANAR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. THERASENSE NEITHER ASSUMES NOR AUTHORIZES PLANAR WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR ANY OTHER PERSON TO ASSUME TYPE OF DAMAGES, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LIABILITIES ARISING OUT OF LEGAL OR IN CONNECTION WITH EQUITABLE THEORY. XXXXXX WILL NOT BE LIABLE FOR ANY CLAIM AGAINST THE SALE OR USE OF ANY FREESTYLE PRODUCT. CUSTOMER BY ANY OTHER REPRESENTATIONS PARTY. NOTHING IN THIS WARRANTY LIMITS OR WARRANTIES MADE BY EXCLUDES ANY PERSON LIABILITY THAT CANNOT BE LIMITED OR ENTITYEXCLUDED UNDER APPLICABLE LAW. This limited warranty gives you specific legal rights, INCLUDING EMPLOYEES OR REPRESENTATIVES OF THERASENSEand you may have other rights that vary from locality to locality. Some localities do not allow limitations on implied warranties or do not allow the exclusion of incidental or consequential damages, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON THERASENSE OR ITS THIRD PARTY SUPPLIERSso the above limitations and exclusions may not apply to you. This LCD Video Walls & Displays Limited Warranty applies only to Products purchased on or after the effective date of this Warranty. Planar reserves the right to change the terms of this Warranty. Such changes will apply to Products purchased on or after the effective date of the revised warranty. Planar® Simplicity™ Series 2 Years Accessory standard warranty applies to accessories. Planar® PS Series Planar® QE Series Planar® EP Series Planar® EPX Series Planar® HB Series Huddle Board Planar® UltraRes™ Series 3 Years LCD Video Walls Clarity® Matrix® G3 LCD Video Wall System Clarity® Matrix® G2 LCD Video Wall System Planar® Mosaic® LCD Video Walls 3 Years Includes Additional Coverage defined below. Due to the unique way that Clarity Matrix G3 ERO and 3D displays are manufactured an end user should expect to see minor fluctuations in bezel dimensions along the perimeter of a display. Planar® VM Series 3 Years Accessory standard warranty applies to accessories.

Exclusion of Other Warranties. UNLESS OTHERWISE EXPLICITLY SET OUT IN APPENDIX 1 ATTACHED TO THIS SUPPORT AND MAINTENANCE AGREEMENT: (a) THE WARRANTY SET FORTH IN SECTION 8.1 OF THIS SUPPORT AND MAINTENANCE AGREEMENT IS IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS; (b) EXCEPT FOR THE LIMITED ----------------------------- WARRANTIES AS PROVIDED IN SECTIONS 6.1.1SECTION 8.1 OF THIS SUPPORT AND MAINTENANCE AGREEMENT, 6.1.2 THE MAINTENANCE IS PROVIDED ON AN “AS IS” AND 6.1.3 ABOVE“AS AVAILABLE” BASIS AND CLIENT AGREES THAT THE MAINTENANCE SHALL BE AT CLIENT’S SOLE DISCRETION AND RISK; (c) EXCEPT AS PROVIDED IN SECTION 8.1 OF THIS SUPPORT AND MAINTENANCE AGREEMENT, THERASENSE GRANTS NO OTHER WARRANTIES OR COLLIGO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, BY STATUTEIMPLIED OR STATUTORY, IN CONNECTION WITH ANY COMMUNICATION WITH NIPRO OR ITS CUSTOMERSMAINTENANCE, OR OTHERWISE, REGARDING THE FREESTYLE PRODUCTS, AND THERASENSE SPECIFICALLY DISCLAIMS INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYACCURACY, COMPLETENESS, PERFORMANCE, HARDWARE COMPATIBILITY, QUIET ENJOYMENT AND NONINFRINGEMENT. EXCEPT AS PROVIDED NON-INFRINGEMENT. (d) NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY CLIENT FROM COLLIGO OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT AGREEMENT; AND/OR THERASENSE'S WARRANTY, THERASENSE (e) COLLIGO DOES NOT WARRANT THAT OPERATION OF THE FREESTYLE PRODUCTS WILL BE UNINTERRUPTED OR ERROR- FREE. THERASENSE NEITHER ASSUMES NOR AUTHORIZES MAKE ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF ANY FREESTYLE PRODUCT. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY OF ANY PERSON KIND TO CLIENT WITH RESPECT TO ANY HARDWARE OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF THERASENSE, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON THERASENSE OR ITS THIRD PARTY SUPPLIERSSOFTWARE.

Exclusion of Other Warranties. EXCEPT FOR THE LIMITED ----------------------------- WARRANTIES PROVIDED IN SECTIONS 6.1.1, 6.1.2 AND 6.1.3 ABOVE, THERASENSE GRANTS PLANAR PROVIDES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY STATUTEEXCEPT THOSE EXPRESSLY PROVIDED IN THIS DOCUMENT. PLANAR EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES AND CONDITIONS, IN ANY COMMUNICATION WITH NIPRO OR ITS CUSTOMERS, OR OTHERWISE, REGARDING THE FREESTYLE PRODUCTS, AND THERASENSE SPECIFICALLY DISCLAIMS INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT. EXCEPT AS PROVIDED EXPRESSLY PLANAR WILL NOT BE LIABLE FOR ANY VERBAL OR WRITTEN WARRANTIES OR ASSURANCES MADE BY A PLANAR EMPLOYEE OR AUTHORIZED PLANAR DEALER/DISTRIBUTOR THAT CONFLICTS WITH OR ENHANCES THE WRITTEN WARRANTY IN THIS AGREEMENT AND/OR THERASENSEDOCUMENT. PLANAR'S WARRANTY, THERASENSE DOES NOT WARRANT THAT OPERATION MAXIMUM AGGREGATE LIABILITY UNDER THIS WARRANTY IS LIMITED TO ONE OF THE FREESTYLE PRODUCTS FOLLOWING REMEDIES: (1) REPLACEMENT WITH A SIMILAR NEW OR REFURBISHED PRODUCT, OR (2) REFUND OF A PRORATED SHARE OF THE PRICE PLANAR SOLD THE PRODUCT IF REPLACEMENT OF THE PRODUCT IS NOT COMMERCIALLY FEASIBLE IN PLANAR’S SOLE OPINION. PLANAR WILL NOT BE UNINTERRUPTED LIABLE FOR DAMAGE TO OTHER PROPERTY OR ERROR- FREEFOR DAMAGES BASED UPON INCONVENIENCE, LOSS OF USE OF THE PRODUCT, LOSS OF TIME, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, ANY LOSS, CORRUPTION OR MISUSE OF DATA OR OTHER INFORMATION, INTERFERENCE WITH BUSINESS RELATIONSHIPS, OR OTHER COMMERCIAL OR FINANCIAL LOSS, EVEN IF PLANAR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. THERASENSE NEITHER ASSUMES NOR AUTHORIZES PLANAR WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR ANY OTHER PERSON TO ASSUME TYPE OF DAMAGES, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LIABILITIES ARISING OUT OF LEGAL OR IN CONNECTION WITH EQUITABLE THEORY. XXXXXX WILL NOT BE LIABLE FOR ANY CLAIM AGAINST THE SALE OR USE OF ANY FREESTYLE PRODUCT. CUSTOMER BY ANY OTHER REPRESENTATIONS PARTY. NOTHING IN THIS WARRANTY LIMITS OR WARRANTIES MADE BY EXCLUDES ANY PERSON LIABILITY THAT CANNOT BE LIMITED OR ENTITYEXCLUDED UNDER APPLICABLE LAW. This limited warranty gives you specific legal rights, INCLUDING EMPLOYEES OR REPRESENTATIVES OF THERASENSEand you may have other rights that vary from locality to locality. Some localities do not allow limitations on implied warranties or do not allow the exclusion of incidental or consequential damages, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON THERASENSE OR ITS THIRD PARTY SUPPLIERS.so the above limitations and exclusions may not apply to you. This Lifetime Limited Warranty applies only to Products purchased on or after the effective date of this Warranty. Planar reserves the right to change the terms of this Warranty. Such changes will apply to Products purchased on or after the effective date of the revised warranty. COVERED PRODUCTS ADDITIONAL WARRANTY SPECIFICATIONS Planar TVF Series (North America) Covered Products include the following TVF Series and TVF Complete video wall models purchased and installed in North America: Planar TVF0.9; Planar TVF1.2; Planar TVF1.5; Planar TVF1.8; Planar TVF2.5; Planar TVF Complete HD 109; Planar TVF Complete HD 137; Planar TVF Complete HD 164; Planar TVF Complete UHD 164; Planar TVF Complete DHD 198; Planar TVF Complete HD 219; and Planar TVF Complete UHD 219. All accessories, Field Replaceable Units (FRUs) and components (including but not limited to cables, power supplies and boards) purchased AT THE TIME of the initial Product purchase are covered. For items purchased AFTER the initial Product purchase, standard warranty period for Accessories apply. All Planar TVF Series and TVF Complete Products that are purchased with the addition of ERO-LED Gloss will have no warranty coverage for pixel failure. TVF Products purchased with the addition of ERO-LED Matte are covered for pixel failure. Planar TVF Complete (North America)

Exclusion of Other Warranties. EXCEPT FOR THE LIMITED ----------------------------- WARRANTIES PROVIDED IN SECTIONS 6.1.1, 6.1.2 AND 6.1.3 ABOVE, THERASENSE GRANTS PLANAR PROVIDES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY STATUTEEXCEPT THOSE EXPRESSLY PROVIDED IN THIS DOCUMENT. PLANAR EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES AND CONDITIONS, IN ANY COMMUNICATION WITH NIPRO OR ITS CUSTOMERS, OR OTHERWISE, REGARDING THE FREESTYLE PRODUCTS, AND THERASENSE SPECIFICALLY DISCLAIMS INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT. EXCEPT AS PROVIDED EXPRESSLY PLANAR WILL NOT BE LIABLE FOR ANY VERBAL OR WRITTEN WARRANTIES OR ASSURANCES MADE BY A PLANAR EMPLOYEE OR AUTHORIZED PLANAR DEALER/DISTRIBUTOR THAT CONFLICTS WITH OR ENHANCES THE WRITTEN WARRANTY IN THIS AGREEMENT AND/OR THERASENSEDOCUMENT. PLANAR'S WARRANTY, THERASENSE DOES NOT WARRANT THAT OPERATION MAXIMUM AGGREGATE LIABILITY UNDER THIS WARRANTY IS LIMITED TO ONE OF THE FREESTYLE PRODUCTS FOLLOWING REMEDIES: (1) REPLACEMENT WITH A SIMILAR NEW OR REFURBISHED PRODUCT, OR (2) REFUND OF A PRORATED SHARE OF THE PRICE PLANAR SOLD THE PRODUCT IF REPLACEMENT OF THE PRODUCT IS NOT COMMERCIALLY FEASIBLE IN PLANAR’S SOLE OPINION. PLANAR WILL NOT BE UNINTERRUPTED LIABLE FOR DAMAGE TO OTHER PROPERTY OR ERROR- FREEFOR DAMAGES BASED UPON INCONVENIENCE, LOSS OF USE OF THE PRODUCT, LOSS OF TIME, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, ANY LOSS, CORRUPTION OR MISUSE OF DATA OR OTHER INFORMATION, INTERFERENCE WITH BUSINESS RELATIONSHIPS, OR OTHER COMMERCIAL OR FINANCIAL LOSS, EVEN IF PLANAR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. THERASENSE NEITHER ASSUMES NOR AUTHORIZES PLANAR WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR ANY OTHER PERSON TO ASSUME TYPE OF DAMAGES, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LIABILITIES ARISING OUT OF LEGAL OR IN CONNECTION WITH EQUITABLE THEORY. XXXXXX WILL NOT BE LIABLE FOR ANY CLAIM AGAINST THE SALE OR USE OF ANY FREESTYLE PRODUCT. CUSTOMER BY ANY OTHER REPRESENTATIONS PARTY. NOTHING IN THIS WARRANTY LIMITS OR WARRANTIES MADE BY EXCLUDES ANY PERSON LIABILITY THAT CANNOT BE LIMITED OR ENTITYEXCLUDED UNDER APPLICABLE LAW. This limited warranty gives you specific legal rights, INCLUDING EMPLOYEES OR REPRESENTATIVES OF THERASENSEand you may have other rights that vary from locality to locality. Some localities do not allow limitations on implied warranties or do not allow the exclusion of incidental or consequential damages, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON THERASENSE OR ITS THIRD PARTY SUPPLIERSso the above limitations and exclusions may not apply to you. This LCD Video Walls & Displays Limited Warranty applies only to Products purchased on or after the effective date of this Warranty. Planar reserves the right to change the terms of this Warranty. Such changes will apply to Products purchased on or after the effective date of the revised warranty. Planar® Simplicity™ Series Planar® Simplicity™ Series 4K Planar® Simplicity™ M Series 2 Years Accessory standard warranty applies to accessories. Planar® PS Series Planar® QE Series Planar® EP Series Planar® EPX Series Planar® HB Series Huddle Board Planar® UltraRes™ Series Planar® UltraRes™ X Series Planar® UltraRes™ P Series 3 Years LCD Video Walls Clarity® Matrix® G3 LCD Video Wall System Clarity® Matrix® G2 LCD Video Wall System Planar® Mosaic® LCD Video Walls 3 Years Includes Additional Coverage defined below. Due to the unique way that Clarity Matrix G3 ERO and 3D displays are manufactured an end user should expect to see minor fluctuations in bezel dimensions along the perimeter of a display. Planar® VM Series 3 Years Accessory standard warranty applies to accessories.

Exclusion of Other Warranties. (a) EXCEPT FOR AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE LIMITED ----------------------------- EXPRESS WARRANTIES PROVIDED IN SECTIONS 6.1.16.1, 6.1.2 6.2, 6.3 AND 6.1.3 ABOVE6.4 ARE IN LIEU OF, THERASENSE GRANTS NO OTHER WARRANTIES OR AND HMRI HEREBY DISCLAIMS, ALL CONDITIONS, WARRANTIES AND STATEMENTS IN RESPECT OF LOPROX LOTION AND IN RESPECT OF THE MANUFACTURING SERVICES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, BY STATUTE, IN CUSTOM OF THE TRADE OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY COMMUNICATION WITH NIPRO SUCH CONDITION, WARRANTY OR ITS CUSTOMERSSTATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF LOPROX LOTION, THEIR MERCHANTABILITY OR OTHERWISE, REGARDING THE FREESTYLE PRODUCTS, AND THERASENSE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF THEIR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE UNDER ANY CONDITIONS) AND ANY SUCH CONDITION, MERCHANTABILITY, AND NONINFRINGEMENT. WARRANTY OR STATEMENT IS HEREBY EXCLUDED. (b) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 2.10(c) HEREOF AND IN ADDITION TO THEIR RESPECTIVE REMEDIES UNDER ARTICLE VII AND ANY REMEDY PROVIDED EXPRESSLY HEREIN, AT LAW OR IN EQUITY FOR BREACH OF THIS AGREEMENT AND/OR THERASENSE'S WARRANTYAS LIMITED BY SECTION 6.5(a), THERASENSE DOES NOT WARRANT THAT OPERATION OF THE FREESTYLE PRODUCTS WILL MEDICIS AND HMRI SHALL BE UNINTERRUPTED OR ERROR- FREE. THERASENSE NEITHER ASSUMES NOR AUTHORIZES ENTITLED TO ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES ARISING OUT OF AND ALL RIGHTS AND REMEDIES AVAILABLE AT LAW OR IN CONNECTION EQUITY OR UNDER THE TRANSACTION DOCUMENTS WITH RESPECT TO RIGHTS AND OBLIGATIONS ARISING THEREUNDER; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL HMRI OR MEDICIS BE LIABLE TO THE SALE OTHER PARTY UNDER OR USE WITH RESPECT TO THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY FREESTYLE PRODUCT. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITYKIND, INCLUDING EMPLOYEES OR REPRESENTATIVES LOSS OF THERASENSE, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON THERASENSE OR ITS THIRD PARTY SUPPLIERSPROFITS.