Common use of General Disclaimer Clause in Contracts

General Disclaimer. The Franchisee accepts that the Services will be provided as per Service Levels agreed with the Franchisor. The Franchisor disclaims all warranties, whether statutory, express, implied, oral or written, including all warranties of merchantability, non-infringement or fitness for a particular purpose unless the same are explicitly confirmed by the Franchisor in writing. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE FRANCHISOR NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA, LOSS OF PROFIT, LOSS OF USE, LOSS OF BUSINESS, LOSS OF CUSTOMERS), ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN THE EVENT OF SERVICE LEVEL FAILURES, RECOVERY OF SERVICE CREDITS SHALL BE THE SOLE REMEDY AVAILABLE TO THE FRANCHISEE.

General Disclaimer. The Franchisee accepts that the Services will be provided as per Service Levels agreed with the Franchisor. Franchisor and as set out in Annexure C. The Franchisor disclaims all warranties, whether statutory, express, implied, oral or written, including all warranties of merchantability, non-infringement or fitness for a particular purpose unless the same are explicitly confirmed by the Franchisor in writing. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE FRANCHISOR NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA, LOSS OF PROFIT, LOSS OF USE, LOSS OF BUSINESS, LOSS OF CUSTOMERS), ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN THE EVENT OF SERVICE LEVEL FAILURES, RECOVERY OF SERVICE CREDITS SHALL BE THE SOLE REMEDY AVAILABLE TO THE FRANCHISEE.

General Disclaimer. The Franchisee accepts that the Services will be provided as per Service Levels agreed with the Franchisor. The Franchisor disclaims all warrantiesEXCEPT AS EXPRESSLY SET FORTH IN SECTION 6(b), whether statutory, express, implied, oral or written, including all warranties of merchantability, non-infringement or fitness for a particular purpose unless the same are explicitly confirmed by the Franchisor in writing. THE CLOUD SERVICES ARE PROVIDED “AS IS” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAWS (i) DRUVA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, NEITHER THE FRANCHISOR NOR ANYONE ELSE INVOLVED IN CREATINGWHETHER EXPRESS, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY INDIRECTIMPLIED, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA, LOSS OF PROFIT, LOSS OF USE, LOSS OF BUSINESS, LOSS OF CUSTOMERS), ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY STATUTORY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE; AND (ii) DRUVA DOES NOT WARRANT THAT THE POSSIBILITY CLOUD SERVICES OR ANY PART THEREOF, OR USE THEREOF WILL BE UNINTERRUPTED, ERROR-FREE, UNBREACHABLE OR VIRUS-FREE, OR WILL MEET PARTNER’S OR CUSTOMER’S QUALITY AND PERFORMANCE REQUIREMENTS. PARTNER AND CUSTOMER ASSUME THE ENTIRE RISK OF SUCH CLAIM AND SHALL NOT HOLD DRUVA RESPONSIBLE FOR ANY ALTERATION, COMPROMISE, CORRUPTION OR DAMAGE. THE PROVISIONS LOSS OF THIS PARAGRAPH WILL SURVIVE CUSTOMER DATA, NOTWITHSTANDING ANY TERMINATION OF THIS AGREEMENT. IN THE EVENT OF SERVICE LEVEL FAILURES, RECOVERY OF SERVICE CREDITS SHALL SECURITY OR OTHER MEASURE THAT MAY BE THE SOLE REMEDY AVAILABLE TO THE FRANCHISEEPROVIDED BY DRUVA.

General Disclaimer. The Franchisee accepts that the Services will be provided as per Service Levels agreed with the Franchisor. The Franchisor disclaims all warrantiesTHE WEBSITE AND CONTENT AND ALL INFORMATION, whether statutoryCONTENT, expressSERVICES, impliedPRODUCTS AND ACTIVITIES OFFERED, oral or writtenCONTAINED IN OR ADVERTISED ON THE WEBSITE, including all warranties of merchantabilityINCLUDING WITHOUT LIMITATION TEXT, non-infringement or fitness for a particular purpose unless the same are explicitly confirmed by the Franchisor in writingVIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VELOCITYEHS AND ITS AFFILIATES, LICENSORS, VENDORS, SUPPLIERS AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, ACTIVITIES AND MATERIALS, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE FRANCHISOR NOR ANYONE ELSE INVOLVED IN CREATINGFOREGOING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, DOWNTIMEWARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, DAMAGE TO TITLE, NON-INFRINGEMENT, SUITABILITY, FREEDOM FROM COMPUTER VIRUS, ACCURACY, RELIABILITY, SAFETY, NON-INTERRUPTION, PERFORMANCE, COURSE OF DEALING OR REPLACEMENT COURSE OF PROGRAMS AND DATAPERFORMANCE, LOSS OF PROFIT, LOSS OF USE, LOSS OF BUSINESS, LOSS OF CUSTOMERS), ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED COMPLIANCE WITH APPLICABLE LAW. YOUR USE OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGEWEBSITE AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN THE EVENT OF SERVICE LEVEL FAILURESWithout limiting the foregoing, RECOVERY OF SERVICE CREDITS SHALL BE THE SOLE REMEDY AVAILABLE TO THE FRANCHISEEyou are responsible for taking all necessary precautions to ensure that any Content or access to the Website is free of viruses or other harmful code.

General Disclaimer. The Franchisee accepts that the Services will be provided as per Service Levels agreed with the FranchisorALL DELIVERABLES, MATERIALS, SERVICES, TANGIBLE AND INTANGIBLE INFORMATION SUPPLIED BY LICENSOR TO LICENSEE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. The Franchisor disclaims all warrantiesLICENSOR MAKES NO REPRESENTATIONS, whether statutoryEXTENDS NO WARRANTIES OF ANY KIND, expressEITHER EXPRESS OR IMPLIED, implied, oral or written, including all warranties of merchantability, non-infringement or fitness for a particular purpose unless the same are explicitly confirmed by the Franchisor in writing. NOR ASSUMES ANY REPOSNIBILITIES WHATEVER WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED COMMERCIAL SUCCESS, USE, SALE LEASE, OR OTHER DISPOSITION BY APPLICABLE LAWOR FOR LICENSEE OR ITS VENDORS OR TRANSFEREES OF LICENSED TECHNOLOGY, NEITHER PATENTS, KNOWHOW OR PRODUCTS. LICENSEE ACKNOWLEDGES THAT THE FRANCHISOR DELIVERABLES, SERVICES, INFORMATION AND MATERIALS PROVIDED IN THE SERVICE PROVIDED ARE EXPERIMENTAL IN NATURE, AND THAT THE RESULTS CANNOT BE PREDICTED WITH ANY DEGREE OF CERTAINTY. THUS LICENSOR ALSO MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING ASSUMES ANY RESPONSIBILITIES WHATEVER WITH RESPECT TO THE SERVICES SHALL BE LIABLE RESULTS AND DELIVERABLES. LICENSOR HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA, LOSS OF PROFIT, LOSS OF USE, LOSS OF BUSINESS, LOSS OF CUSTOMERS), ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN THE EVENT OF SERVICE LEVEL FAILURES, RECOVERY OF SERVICE CREDITS SHALL BE THE SOLE REMEDY AVAILABLE TO THE FRANCHISEEPARITUCLAR PURPOSE.

General Disclaimer. The Franchisee accepts that the Services will be provided as per Service Levels agreed with the Franchisor. The Franchisor disclaims all warrantiesEXCEPT FOR THIS EXPRESS WARRANTY, whether statutoryALL EXPRESS, expressIMPLIED OR STATUTORY TERMS, impliedCONDITIONS, oral or writtenREPRESENTATIONS, including all warranties of merchantabilityAND WARRANTIES (INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, non-infringement or fitness for a particular purpose unless the same are explicitly confirmed by the Franchisor in writing. QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. VOCERA’S SOLE OBLIGATION REGARDING THE IMPLIED WARRANTY OF NONINFRINGEMENT SHALL BE AS SET FORTH IN THE DEFENSE OF CERTAIN CLAIMS SECTION OF THE VOCERA SUPPLEMENTAL TERMS AND CONDITIONS OR TERMS AND CONDITIONS OF QUOTATION, AS APPLICABLE. VOCERA’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF VOCERA OR TO MODIFY, IN ANY RESPECT, THIS LIMITED WARRANTY, ANY OF ITS PROVISIONS OR ANY RIGHTS HEREUNDER. ANY STATUTORY PROTECTION IMPOSED BY LAW IN RELATION TO THE SUPPLY OF SERVICES WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT IS BREACHED THEN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE FRANCHISOR NOR ANYONE ELSE INVOLVED END USER'S REMEDY IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA, LOSS OF PROFIT, LOSS OF USE, LOSS OF BUSINESS, LOSS OF CUSTOMERS), ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY RESPECT OF SUCH CLAIM OR DAMAGE. STATUTORY PROVISIONS IS LIMITED, AT VOCERA'S OPTION, TO THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. SOLE AND EXCLUSIVE REMEDY STATED IN THE EVENT OF SERVICE LEVEL FAILURES, RECOVERY OF SERVICE CREDITS SHALL BE THE SOLE REMEDY AVAILABLE TO THE FRANCHISEELIMITED SERVICES WARRANTY CLAUSE ABOVE.

General Disclaimer. The Franchisee accepts that the Services will be provided as per Service Levels agreed with the FranchisorANY AND ALL LICENSED PATENT RIGHTS MADE AVAILABLE BY lDT TO GBS AND ITS AFFILIATES ARE LICENSED OR MADE AVAILABLE “AS IS.” IDT MAKES NO REPRESENTATIONS, WARRANTIES, OR COVENANTS TO GBS OR ITS AFFILIATES CONCERNING THE LICENSED PATENT RIGHTS, INCLUDING WITHOUT LIMITATION THEIR VALIDITY, OR THAT THEY WILL ISSUE, WHETHER IN THEIR PRESENT FORM OR WITH SUBSTANTIAL MODIFICATION, OR CONCERNING THE NEED FOR GBS AND ITS AFFILIATES TO OBTAIN ADDITIONAL LICENSES FROM THIRD PARTIES TO USE LICENSED PRODUCTS IN THE LICENSED FIELD. The Franchisor disclaims all warrantiesIDT DISCLAIMS ALL WARRANTIES, whether statutoryEXPRESS, expressSTATUTORILY OR IMPLIED, impliedINCLUDING ANY IMPLIED WARRANTIES OF QUALITY, oral or writtenMERCHANTABILITY, including all warranties of merchantabilityFITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, non-infringement or fitness for a particular purpose unless the same are explicitly confirmed by the Franchisor in writing. AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED MANUFACTURE, USE, SALE, OR OTHER DISPOSITION BY APPLICABLE LAW, NEITHER THE FRANCHISOR NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING GBS OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY ITS AFFILIATES OR CONSEQUENTIAL DAMAGES ARISING OUT OTHER TRANSFEREES OF PRODUCTS OR PROCESSES INCORPORATING OR MADE BY USE OF THE SERVICES OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA, LOSS OF PROFIT, LOSS OF USE, LOSS OF BUSINESS, LOSS OF CUSTOMERS), ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF INVENTIONS LICENSED UNDER THIS AGREEMENT. IN THE EVENT OF SERVICE LEVEL FAILURES, RECOVERY OF SERVICE CREDITS SHALL BE THE SOLE REMEDY AVAILABLE TO THE FRANCHISEE.

General Disclaimer. The Franchisee accepts that the Services will be provided as per Service Levels agreed with the FranchisorFranchisee. The Franchisor disclaims all warranties, whether statutory, express, implied, oral or written, including all warranties of merchantability, non-infringement or fitness for a particular purpose unless the same are explicitly confirmed by the Franchisor in writing. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE FRANCHISOR NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA, LOSS OF PROFIT, LOSS OF USE, LOSS OF BUSINESS, LOSS OF CUSTOMERS), ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN THE EVENT OF SERVICE LEVEL FAILURES, RECOVERY OF SERVICE CREDITS SHALL BE THE SOLE REMEDY AVAILABLE TO THE FRANCHISEE.

General Disclaimer. The Franchisee accepts that the Services will be provided as per Service Levels agreed with the Franchisor. The Franchisor disclaims all warrantiesNEITHER PARTY MAKES ANY REPRESENTATIONS, whether statutoryEXTENDS ANY WARRANTIES OF ANY KIND, expressASSUMES ANY RESPONSIBILITY OR OBLIGATIONS WHATSOEVER, impliedOR CONFERS ANY RIGHT BY IMPLICATION, oral or writtenESTOPPEL, including all warranties of merchantability, non-infringement or fitness for a particular purpose unless the same are explicitly confirmed by the Franchisor in writing. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE FRANCHISOR NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA, LOSS OF PROFIT, LOSS OF USE, LOSS OF BUSINESS, LOSS OF CUSTOMERS), ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH OTHER THAN AS EXPRESSLY SET FORTH HEREIN. WITHOUT LIMITING THE FORGOING (A) EACH PARTY HAS BEEN ADVISED EXPRESSLY DISCLAIMS ANY WARRANTIES OF THE POSSIBILITY MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, OTHER THAN AS EXPRESSLY SET FORTH HEREIN, AND (B) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR OTHERWISE, SORRENTO MAKES NO, AND HEREBY DISCLAIMS, ALL REPRESENTATIONS AND WARRANTIES OF SUCH CLAIM ANY KIND, EXPRESS OR DAMAGE. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN THE EVENT OF SERVICE LEVEL FAILURESIMPLIED, RECOVERY OF SERVICE CREDITS SHALL BE THE SOLE REMEDY AVAILABLE WITH RESPECT TO THE FRANCHISEEOTHER PATENTS, THE LICENSED MATERIALS, AND THE LICENSED KNOW-HOW, WHICH ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”, AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ACCURACY, SUFFICIENCY, PERFORMANCE, COMPLETENESS, MERCHANTABILITY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE LICENSED MATERIALS AND LICENSED KNOW-HOW.

General Disclaimer. The Franchisee accepts that the Services will be provided as per Service Levels agreed with the FranchisorTHE CB HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. The Franchisor disclaims all warranties, whether statutory, express, implied, oral or written, including all warranties Limitation of merchantability, non-infringement or fitness for a particular purpose unless the same are explicitly confirmed by the Franchisor in writing. Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER IN NO EVENT WILL THE FRANCHISOR NOR ANYONE ELSE INVOLVED TOTAL LIABILITY, IN CREATINGTHE AGGREGATE, PRODUCING OR DELIVERING OF THE SERVICES SHALL BE LIABLE CB AND ITS AFFILIATES FOR ANY INDIRECTAND ALL CLAIMS, INCIDENTALLOSSES, SPECIAL, EXEMPLARY COSTS OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF USE OF OF, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SERVICES WORK PERFORMED BY THE CB PURSUANT TO THIS AGREEMENT FROM ANY CAUSE OR INABILITY TO USE THE SERVICES (INCLUDINGCAUSES, INCLUDED BUT NOT LIMITED TOTO THE NEGLIGENCE, DOWNTIME, DAMAGE TO PROFESSIONAL ERRORS OR REPLACEMENT OF PROGRAMS AND DATA, LOSS OF PROFIT, LOSS OF USE, LOSS OF BUSINESS, LOSS OF CUSTOMERS), ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE)OMISSIONS, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED BREACH OF CONTRACT OR WARRANTY EXPRESS OR IMPLIED OF THE POSSIBILITY OF SUCH CLAIM CB OR DAMAGE. ITS AFFILIATES, SHALL NOT EXCEED THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN THE EVENT OF SERVICE LEVEL FAILURES, RECOVERY OF SERVICE CREDITS SHALL BE THE SOLE REMEDY AVAILABLE ACTUAL AMOUNT PAID TO THE FRANCHISEE.CB UNDER THIS AGREEMENT FOR THE SPECIFIC DELIVERABLE SUBJECT TO THE DAMAGES CLAIM. Intellectual Property Ownership: You agree and acknowledge that all intellectual property created by CB and provided to You, including, but not limited to, any CB modules, publications, reports, all components of surveys and assessments such as survey and assessment questions, documents, including all copies thereof, all data and any parts thereof, all copyrights, trademarks, trade secrets, patents, and other similar proprietary rights are the sole and

General Disclaimer. The Franchisee accepts that the Services will be provided as per Service Levels agreed with the Franchisor. The Franchisor disclaims all warrantiesNEITHER PARTY MAKES ANY REPRESENTATIONS, whether statutoryEXTENDS ANY WARRANTIES OF ANY KIND, expressASSUMES ANY RESPONSIBILITY OR OBLIGATIONS WHATSOEVER, impliedOR CONFERS ANY RIGHT BY IMPLICATION, oral or writtenESTOPPEL, including all warranties of merchantability, non-infringement or fitness for a particular purpose unless the same are explicitly confirmed by the Franchisor in writing. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE FRANCHISOR NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA, LOSS OF PROFIT, LOSS OF USE, LOSS OF BUSINESS, LOSS OF CUSTOMERS), ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH OTHER THAN AS EXPRESSLY SET FORTH HEREIN. WITHOUT LIMITING THE FORGOING (A) EACH PARTY HAS BEEN ADVISED EXPRESSLY DISCLAIMS ANY WARRANTIES OF THE POSSIBILITY MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, OTHER THAN AS EXPRESSLY SET FORTH HEREIN, AND (B) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR OTHERWISE, TNK AND SORRENTO MAKE NO, AND HEREBY DISCLAIM, ALL REPRESENTATIONS AND WARRANTIES OF SUCH CLAIM ANY KIND, EXPRESS OR DAMAGE. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN THE EVENT OF SERVICE LEVEL FAILURESIMPLIED, RECOVERY OF SERVICE CREDITS SHALL BE THE SOLE REMEDY AVAILABLE WITH RESPECT TO THE FRANCHISEEOTHER PATENTS, THE LICENSED TNK MATERIALS, AND THE LICENSED KNOW-HOW, WHICH ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”, AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ACCURACY, SUFFICIENCY, PERFORMANCE, COMPLETENESS, MERCHANTABILITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE LICENSED TNK MATERIALS AND LICENSED KNOW-HOW.