Common use of Indemnification and Liability; No Representations or Warranties Clause in Contracts

Indemnification and Liability; No Representations or Warranties. 11.1. Program Participant understands that SCE makes no representations regarding manufacturers, dealers, contractors, materials or workmanship of the Charging Equipment or, if Program Participant chooses the “Customer-Install” option, the Customer-Side of the Meter Make Ready Infrastructure. Further, SCE makes no warranty, whether express or implied, including without limitation the implied warranties of merchantability and fitness for any particular purpose, use, or application of the products and services under the Program. Program Participant agrees that SCE has no liability whatsoever concerning (1) the quality, safety or installation of such products, including their fitness for any purpose, (2) the workmanship of any third parties, (3) the installation or use of the products. Program Participant hereby waives any and all claims against SCE, its parent companies, directors, officers, employees, or agents, arising out of activities conducted by or on behalf of SCE under the Program. Without limiting the generality of the foregoing, SCE shall not be liable hereunder for any indirect, incidental, consequential, exemplary, reliance, punitive, lost profits or other business interruption damages, or special damages, including damages for loss of use, by statute, in tort or contract or otherwise.