Common use of Indemnity and Limitation of Liability Clause in Contracts

Indemnity and Limitation of Liability. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE TO INDEMNIFY AND HOLD SPINTOUCH AND ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND RESELLERS HARMLESS AS TO ALL CLAIMS AND/OR DEMANDS ARISING FROM YOUR USAGE OF RAPIDSCREEN. YOU EXPRESSLY AGREE THAT SPINTOUCH, RESELLER AND THEIR THIRD-PARTY SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM USE OF RAPIDSCREEN. THE MAXIMUM LIABILITY OF EITHER SPINTOUCH AND/OR RESELLER UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE CUMULATIVE AMOUNT PAID BY CUSTOMER TO SPINTOUCH OR RESELLER FOR THE PURCHASE OF DEVICES AND THE PAYMENT OF SERVICE FEES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO ANY CLAIM OR CAUSE OF ACTION. CUSTOMER ACKNOWLEDGES THAT PROCESSING AND ACCEPTANCE OF A RETURN BY SPINTOUCH WITH RESPECT TO A SINGLE DEVICE (OR AN ACCOMODATION WHEREIN SPINTOUCH AGREES TO PROCESS AND RETURN MULTIPLE DEVICES), AND THE FURNISHING BY SPINTOUCH OF THE PURCHASE PRICE PAID BY CUSTOMER LESS ANY RESTOCKING FEES AND/OR COSTS, OR ANY OTHER COMPENSATION, RELEASES SPINTOUCH OF ANY FURTHER OBLIGATION WITH RESPECT TO THE SAME. CUSTOMER AGREES AND ACCEPTS THE COMPENSATION OFFERED BY SPINTOUCH WITH RESPECT TO A DEVICE OR ACCOMODATION IS FINAL AND BINDING.

Indemnity and Limitation of Liability. BY AGREEING TO THESE TERMS AND CONDITIONSThe Vendor agrees to indemnify and hold harmless and defend TIPS, YOU AGREE TO INDEMNIFY AND HOLD SPINTOUCH AND ITS OFFICERSTIPS Member(s), DIRECTORSofficers and employees from and against all claims and suits by third parties for physical injuries to persons (including death), AGENTStangible personal property damages, REPRESENTATIVESlosses, EMPLOYEESand expenses including court costs and reasonable attorney’s fees resulting from the negligence or willful misconduct of the Vendor, its officers, employees, agents, subcontractors, licensees during performance under this Agreement.. Per Texas Education Code §44.032(f), reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation. UNDER NO CIRCUMSTANCES, AND RESELLERS HARMLESS AS TO ALL CLAIMS AND/NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL EITHER PARTY, ITS AFFILIATES OR DEMANDS ARISING FROM YOUR USAGE OF RAPIDSCREEN. YOU EXPRESSLY AGREE THAT SPINTOUCH, RESELLER AND ITS OR THEIR THIRD-PARTY SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT SUBCONTRACTORS OR AGENTS BE LIABLE TO YOU FOR FOR: ANY DIRECTINCIDENTAL, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILLBUSINESS, USEREVENUES OR SAVINGS, AND LOSS, DAMAGE OR CORRUPTION OF DATA OR SOFTWARE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, AND WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER INTANGIBLE LOSSES RESULTING FROM USE THEORY OF RAPIDSCREENLIABILITY. EXCEPT AS OTHERWISE AGREED BELOW, IN THE MAXIMUM EVENT OF ANY LIABILITY INCURRED BY EITHER PARTY OR ANY OF ITS AFFILIATES HEREUNDER, THE ENTIRE LIABILITY OF EITHER SPINTOUCH AND/OR RESELLER UNDER THESE TERMS THE PARTY AND CONDITIONS IS LIMITED TO ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE CUMULATIVE DOLLAR AMOUNT PAID BY CUSTOMER TO SPINTOUCH OR RESELLER THE TIPS MEMBER FOR THE PURCHASE OF DEVICES AND THE PAYMENT OF SERVICE FEES DURING THE SIX (6SPECIFIC PURCHASED ITEM(S) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE XXXXX.XX THE EVENT OF ANY CLAIM CLAIMS FOR DAMAGE TO TANGIBLE PERSONAL PROPERTY OR CAUSE OF ACTION. CUSTOMER ACKNOWLEDGES THAT PROCESSING AND ACCEPTANCE OF A RETURN BY SPINTOUCH WITH RESPECT TO A SINGLE DEVICE PHYSICAL INJURY (OR AN ACCOMODATION WHEREIN SPINTOUCH AGREES TO PROCESS AND RETURN MULTIPLE DEVICESINCLUDING DEATH), AND THE FURNISHING BY SPINTOUCH OF THE PURCHASE PRICE PAID BY CUSTOMER LESS ANY RESTOCKING FEES AND/OR COSTSVENDOR’S TOTAL AGGREGATE LIABILITY FOR SUCH CLAIMS SHALL NOT EXCEED $5,000,000. Multiple Vendor Awards TIPS reserves the right to award multiple vendor Agreements for categories when deemed in the best interest of the TIPS Membership. Bidders scoring the solicitation’s specified minimum score or above will be considered for an award. Categories are established at the discretion of TIPS. State of Texas Franchise Tax By signature hereon, OR ANY OTHER COMPENSATIONthe bidder hereby certifies that heƒshe is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, RELEASES SPINTOUCH OF ANY FURTHER OBLIGATION WITH RESPECT TO THE SAME. CUSTOMER AGREES AND ACCEPTS THE COMPENSATION OFFERED BY SPINTOUCH WITH RESPECT TO A DEVICE OR ACCOMODATION IS FINAL AND BINDINGTax Code.

Indemnity and Limitation of Liability. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE TO WILL INDEMNIFY AND HOLD SPINTOUCH YOUR SERVICE PROVIDER AND ITS OFFICERSAFFILIATES, DIRECTORSSUPPLIERS AND AGENTS HARM- LESS FROM AND AGAINST ANY LOSS OR DAMAGE TO ANY PERSON, AGENTS, REPRESENTATIVES, EMPLOYEES, AND RESELLERS HARMLESS AS TO ALL CLAIMS EQUIPMENT AND/OR DEMANDS ARISING PROPERTY ON WHICH THE EQUIPMENT IS LOCATED OR WHICH IT MAY BE CONNECTED TO OR INTEGRATED WITH AND FROM ALL CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES, COSTS OR OTHER AMOUNTS RELATED TO OR IN CONNECTION WITH THESE TERMS OF SALE AND ANY DOCUMENT FORMING PART THEREOF, INCLUDING WITHOUT LIMITATION THE USE, MAINTE- XXXXX OR CONDITION OF THE EQUIPMENT, TRANSFER OF EQUIPMENT TO YOU OR YOUR TERMINATION OF OR DEFAULT UNDER, OR BREACH OF ANY OF, THESE TERMS OF SALE, WHETHER OR NOT YOU RECEIVE THE SERVICE UNDER THE SERVICE AGREEMENT. IN THE EVENT OF ANY BREACH, INCLUDING WITHOUT LIMITATION A BREACH OF ANY FUNDAMENTAL TERM, BY YOUR SERVICE PROVIDER OR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS OF THESE TERMS OF SALE OR IN THE EVENT OF ANY NEGLIGENCE, YOUR EXCLUSIVE REMEDY UNDER THESE TERMS OF SALE WILL BE TO RECEIVE FROM YOUR USAGE SERVICE PROVIDER THE TOTAL COLLECTIVE PAYMENT FOR ACTUAL AND DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF RAPIDSCREENTHE PURCHASE PRICE ACTUALLY PAID BY YOU TO YOUR SERVICE PROVIDER FOR THE EQUIPMENT. YOU EXPRESSLY AGREE THAT SPINTOUCHTO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHER- WISE SET OUT IN THIS SECTION, RESELLER YOUR SERVICE PROVIDER OR ITS AFFILIATES, SUPPLIERS AND THEIR THIRD-PARTY SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND EVEN IF YOUR SERVICE PROVIDER, OR ANY OF its affiliates, SUPPLIERS OR agents, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR EXEMPLARY DAMAGESINCIDENTAL DAM- AGES OF ANY KIND OR FOR ANY REASON WHATSOEVER, INCLUDINGINCLUDING WITHOUT LIMITATION LOST TIME, BUT NOT LIMITED TOLOSS OF USE OF THE EQUIPMENT, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM USE LOSS OF RAPIDSCREEN. THE MAXIMUM LIABILITY OF EITHER SPINTOUCH AND/OR RESELLER UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE CUMULATIVE AMOUNT PAID BY CUSTOMER TO SPINTOUCH OR RESELLER FOR THE PURCHASE OF DEVICES AND THE PAYMENT OF SERVICE FEES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO ANY CLAIM OR CAUSE OF ACTION. CUSTOMER ACKNOWLEDGES THAT PROCESSING AND ACCEPTANCE OF A RETURN BY SPINTOUCH WITH RESPECT TO A SINGLE DEVICE (OR AN ACCOMODATION WHEREIN SPINTOUCH AGREES TO PROCESS AND RETURN MULTIPLE DEVICES), AND THE FURNISHING BY SPINTOUCH OF THE PURCHASE PRICE PAID BY CUSTOMER LESS ANY RESTOCKING FEES AND/OR COSTS, BUSINESS OPPORTUNITY OR ANY OTHER COMPENSATIONDAMAGES RESULTING FROM THE BREAKDOWN OR FAILURE OF EQUIPMENT, RELEASES SPINTOUCH DELAYS IN EQUIPMENT SERVICING OR INABILITY TO ACCESS THE NETWORK OR SIGNAL AND PROVIDE THE SERVICE, or any such damages that arise in connection with or result in any way from any claim, allegation or action relating to PERSONAL INJURY, PROPERTY DAMAGE or DEATH, OR (II) ANY LOSSES, expenses (including WITHOUT LIMITATION legal fees) OR OTHER AMOUNTS arising out of, or in connection with THESE TERMS OF ANY FURTHER OBLIGATION WITH RESPECT TO THE SAME. CUSTOMER AGREES AND ACCEPTS THE COMPENSATION OFFERED BY SPINTOUCH WITH RESPECT TO A DEVICE OR ACCOMODATION IS FINAL AND BINDINGSALE, INCLUDING, WITHOUT LIMITATION, any allegation, claim, suit or other proceeding based upon a contention that the use of EQUIPMENT by you or a third party through your SERVICE Account infringes the intellectual property rights or contractual rights of any third party.

Indemnity and Limitation of Liability. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE TO WILL INDEMNIFY AND HOLD SPINTOUCH YOUR SERVICE PROVIDER AND ITS OFFICERSAFFILIATES, DIRECTORSSUPPLIERS, AGENTSAUTHORIZED CONTRACTORS AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS OR DAMAGE TO ANY PERSON, REPRESENTATIVES, EMPLOYEES, AND RESELLERS HARMLESS AS TO ALL CLAIMS EQUIPMENT AND/OR DEMANDS ARISING PROPERTY ON WHICH ANY OF THE BELL MODEM KIT CONTENTS ARE LOCATED OR TO WHICH THEY MAY BE CONNECTED TO OR INTEGRATED WITH AND FROM ALL CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES, COSTS OR OTHER AMOUNTS RELATED TO OR IN CONNECTION WITH THESE TERMS OF SALE AND ANY DOCUMENT FORMING PART THEREOF, INCLUDING WITHOUT LIMITATION THE USE, MAINTENANCE OR CONDITION OF THE BELL MODEM KIT, TRANSFER TO YOU OR INSTALLATION OF THE BELL MODEM KIT OR YOUR TERMINATION OF OR DEFAULT UNDER, OR BREACH OF ANY OF, THESE TERMS OF SALE, WHETHER OR NOT YOU RECEIVE THE SERVICE UNDER THE SERVICE AGREEMENT. IN THE EVENT OF ANY BREACH, INCLUDING WITHOUT LIMITATION A BREACH OF ANY FUNDAMENTAL TERM, BY YOUR SERVICE PROVIDER OR ANY OF ITS AFFILIATES, SUPPLIERS, AUTHORIZED CONTRACTORS OR AGENTS OF THESE TERMS OF SALE OR IN THE EVENT OF ANY NEGLIGENCE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR EXCLUSIVE REMEDY UNDER THESE TERMS OF SALE WILL BE TO RECEIVE FROM YOUR USAGE SERVICE PROVIDER THE TOTAL COLLECTIVE PAYMENT FOR ACTUAL AND DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF RAPIDSCREENTHE PURCHASE PRICE ACTUALLY PAID BY YOU TO YOUR SERVICE PROVIDER FOR THE BELL MODEM KIT. YOU EXPRESSLY AGREE THAT SPINTOUCHTO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SET OUT IN THIS SECTION, RESELLER AND THEIR THIRD-PARTY YOUR SERVICE PROVIDER OR ITS AFFILIATES, SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AUTHORIZED CONTRACTORS AND LICENSORS SHALL AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND EVEN IF YOUR SERVICE PROVIDER, OR ANY OF ITS AFFILIATES, SUPPLIERS, AUTHORIZED CONTRACTORS OR AGENTS, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR EXEMPLARY DAMAGESINCIDENTAL DAMAGES OF ANY KIND OR FOR ANY REASON WHATSOEVER, INCLUDINGINCLUDING WITHOUT LIMITATION LOST TIME, BUT NOT LIMITED TOLOSS OF USE OF THE BELL MODEM KIT, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS OF BUSINESS OPPORTUNITY OR ANY OTHER INTANGIBLE LOSSES DAMAGES RESULTING FROM USE THE BREAKDOWN OR FAILURE OF RAPIDSCREEN. THE MAXIMUM LIABILITY OF EITHER SPINTOUCH BELL MODEM KIT, DELAYS IN SERVICING OR INABILITY TO ACCESS THE NETWORK OR SIGNAL AND PROVIDE THE SERVICE, OR ANY SUCH DAMAGES THAT ARISE IN CONNECTION WITH OR RESULT IN ANY WAY FROM ANY CLAIM, ALLEGATION OR ACTION RELATING TO PERSONAL INJURY, PROPERTY DAMAGE OR DEATH, AND/OR RESELLER UNDER (II) ANY LOSSES, EXPENSES (INCLUDING WITHOUT LIMITATION LEGAL FEES) OR OTHER AMOUNTS ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IS LIMITED TO OF SALE, INCLUDING, WITHOUT LIMITATION, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE CUMULATIVE AMOUNT PAID BY CUSTOMER TO SPINTOUCH OR RESELLER FOR THE PURCHASE OF DEVICES AND THE PAYMENT OF SERVICE FEES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO ANY CLAIM OR CAUSE OF ACTION. CUSTOMER ACKNOWLEDGES THAT PROCESSING AND ACCEPTANCE OF A RETURN BY SPINTOUCH WITH RESPECT TO A SINGLE DEVICE (OR AN ACCOMODATION WHEREIN SPINTOUCH AGREES TO PROCESS AND RETURN MULTIPLE DEVICES), AND THE FURNISHING BY SPINTOUCH USE OF THE PURCHASE PRICE PAID BELL MODEM KIT BY CUSTOMER LESS ANY RESTOCKING FEES AND/YOU OR COSTS, A THIRD PARTY THROUGH YOUR SERVICE ACCOUNT INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER COMPENSATION, RELEASES SPINTOUCH CONTRACTUAL RIGHTS OF ANY FURTHER OBLIGATION WITH RESPECT TO THE SAME. CUSTOMER AGREES AND ACCEPTS THE COMPENSATION OFFERED BY SPINTOUCH WITH RESPECT TO A DEVICE OR ACCOMODATION IS FINAL AND BINDINGTHIRD PARTY.

Indemnity and Limitation of Liability. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE TO WILL INDEMNIFY AND HOLD SPINTOUCH YOUR SERVICE PROVIDER AND ITS OFFICERSAFFILIATES, DIRECTORSSUPPLIERS, AGENTSAUTHORIZED CONTRACTORS AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS OR DAMAGE TO ANY PERSON, REPRESENTATIVES, EMPLOYEES, AND RESELLERS HARMLESS AS TO ALL CLAIMS EQUIPMENT AND/OR DEMANDS ARISING PROPERTY ON WHICH ANY OF THE BELL MODEM KIT CONTENTS ARE LOCATED OR TO WHICH THEY MAY BE CONNECTED TO OR INTEGRATED WITH AND FROM ALL CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES, COSTS OR OTHER AMOUNTS RELATED TO OR IN CONNECTION WITH THESE TERMS OF SALE AND ANY DOCUMENT FORMING PART THEREOF, INCLUDING WITHOUT LIMITATION THE USE, MAINTENANCE OR CONDITION OF THE BELL MODEM KIT, TRANSFER OF THE BELL MODEM KIT TO YOU OR YOUR TERMINATION OF OR DEFAULT UNDER, OR BREACH OF ANY OF, THESE TERMS OF SALE, WHETHER OR NOT YOU RECEIVE THE SERVICE UNDER THE SERVICE AGREEMENT. IN THE EVENT OF ANY BREACH, INCLUDING WITHOUT LIMITATION A BREACH OF ANY FUNDAMENTAL TERM, BY YOUR SERVICE PROVIDER OR ANY OF ITS AFFILIATES, SUPPLIERS, AUTHORIZED CONTRACTORS OR AGENTS OF THESE TERMS OF SALE OR IN THE EVENT OF ANY NEGLIGENCE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR EXCLUSIVE REMEDY UNDER THESE TERMS OF SALE WILL BE TO RECEIVE FROM YOUR USAGE SERVICE PROVIDER THE TOTAL COLLECTIVE PAYMENT FOR ACTUAL AND DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF RAPIDSCREENTHE PURCHASE PRICE ACTUALLY PAID BY YOU TO YOUR SERVICE PROVIDER FOR THE BELL MODEM KIT. YOU EXPRESSLY AGREE THAT SPINTOUCHTO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SET OUT IN THIS SECTION, RESELLER AND THEIR THIRD-PARTY YOUR SERVICE PROVIDER OR ITS AFFILIATES, SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AUTHORIZED CONTRACTORS AND LICENSORS SHALL AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND EVEN IF YOUR SERVICE PROVIDER, OR ANY OF ITS AFFILIATES, SUPPLIERS, AUTHORIZED CONTRACTORS OR AGENTS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR EXEMPLARY DAMAGESINCIDENTAL DAMAGES OF ANY KIND OR FOR ANY REASON WHATSOEVER, INCLUDINGINCLUDING WITHOUT LIMITATION LOST TIME, BUT NOT LIMITED TOLOSS OF USE OF THE BELL MODEM KIT, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS OF BUSINESS OPPORTUNITY OR ANY OTHER INTANGIBLE LOSSES DAMAGES RESULTING FROM USE THE BREAKDOWN OR FAILURE OF RAPIDSCREEN. THE MAXIMUM LIABILITY OF EITHER SPINTOUCH BELL MODEM KIT, DELAYS IN SERVICING OR INABILITY TO ACCESS THE NETWORK OR SIGNAL AND PROVIDE THE SERVICE, OR ANY SUCH DAMAGES THAT ARISE IN CONNECTION WITH OR RESULT IN ANY WAY FROM ANY CLAIM, ALLEGATION OR ACTION RELATING TO PERSONAL INJURY, PROPERTY DAMAGE OR DEATH, AND/OR RESELLER UNDER (II) ANY LOSSES, EXPENSES (INCLUDING WITHOUT LIMITATION LEGAL FEES) OR OTHER AMOUNTS ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IS LIMITED TO OF SALE, INCLUDING, WITHOUT LIMITATION, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE CUMULATIVE AMOUNT PAID BY CUSTOMER TO SPINTOUCH OR RESELLER FOR THE PURCHASE OF DEVICES AND THE PAYMENT OF SERVICE FEES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO ANY CLAIM OR CAUSE OF ACTION. CUSTOMER ACKNOWLEDGES THAT PROCESSING AND ACCEPTANCE OF A RETURN BY SPINTOUCH WITH RESPECT TO A SINGLE DEVICE (OR AN ACCOMODATION WHEREIN SPINTOUCH AGREES TO PROCESS AND RETURN MULTIPLE DEVICES), AND THE FURNISHING BY SPINTOUCH USE OF THE PURCHASE PRICE PAID BELL MODEM KIT BY CUSTOMER LESS ANY RESTOCKING FEES AND/YOU OR COSTS, A THIRD PARTY THROUGH YOUR SERVICE ACCOUNT INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER COMPENSATION, RELEASES SPINTOUCH CONTRACTUAL RIGHTS OF ANY FURTHER OBLIGATION WITH RESPECT TO THE SAME. CUSTOMER AGREES AND ACCEPTS THE COMPENSATION OFFERED BY SPINTOUCH WITH RESPECT TO A DEVICE OR ACCOMODATION IS FINAL AND BINDINGTHIRD PARTY.

Indemnity and Limitation of Liability. (A) TO THE EXTENT PERMITTED BY AGREEING TO THESE TERMS AND CONDITIONSAPPLICABLE LAW, (a) YOU AGREE TO SHALL INDEMNIFY AND HOLD SPINTOUCH XXXX TV HARMLESS FROM AND ITS OFFICERSAGAINST ANY LOSS OR DAMAGE TO ANY PERSON, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND RESELLERS HARMLESS AS TO ALL CLAIMS EQUIPMENT AND/OR DEMANDS ARISING PROPERTY ON WHICH EQUIPMENT IS LOCATED AND FROM ALL CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES AND COSTS RELATED TO THE INSTALLATION, REMOVAL, USE, MAINTENANCE OR CONDITION OF THE EQUIPMENT, TRANSFER OF EQUIPMENT TO YOU OR YOUR USAGE TERMINATION OF RAPIDSCREENOR DEFAULT UNDER THIS AGREEMENT, THE RCA, THE RENTAL WARRANTY OR ANY OTHER AGREEMENT BETWEEN YOU AND XXXX TV; (b) NONE OF XXXX TV, NOR ANY OF ITS SUPPLIERS (INCLUDING TELESAT CANADA), WILL BE LIABLE FOR ANY INTERRUPTIONS IN PROGRAMMING OR LIABLE FOR ANY DELAY OR FAILURE TO PERFORM, IF SUCH DELAY OR NON-PERFORMANCE ARISES IN CONNECTION WITH ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER FAILURE, SATELLITE FAILURE OR MALFUNCTION, FAILURE TO REPLACE EXISTING TECHNOLOGY, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL. XXXX TV MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING THE PROGRAMMING PROVIDED TO YOU AND ALL SUCH WARRANTIES ARE EXPRESSLY AGREE THAT SPINTOUCH, RESELLER AND THEIR THIRD-PARTY SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL EXCLUDED; (c) XXXX TV WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR EXEMPLARY DAMAGES, INCLUDING, BUT INCIDENTAL DAMAGES OF ANY KIND OR FOR ANY REASON WHATSOEVER; and (d) XXXX TV’S LIABILITY TO YOU WILL NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM USE OF RAPIDSCREEN. EXCEED THE MAXIMUM LIABILITY OF EITHER SPINTOUCH AND/OR RESELLER UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE CUMULATIVE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER YOU TO SPINTOUCH OR RESELLER XXXX TV FOR THE PURCHASE OF DEVICES AND THE PAYMENT OF SERVICE FEES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO ANY CLAIM OR CAUSE OF ACTION. CUSTOMER ACKNOWLEDGES THAT PROCESSING AND ACCEPTANCE OF A RETURN BY SPINTOUCH WITH RESPECT TO A SINGLE DEVICE (OR AN ACCOMODATION WHEREIN SPINTOUCH AGREES TO PROCESS AND RETURN MULTIPLE DEVICES), AND THE FURNISHING BY SPINTOUCH RENTAL OF THE PURCHASE PRICE PAID BY CUSTOMER LESS ANY RESTOCKING FEES AND/OR COSTS, OR ANY OTHER COMPENSATION, RELEASES SPINTOUCH OF ANY FURTHER OBLIGATION WITH RESPECT TO THE SAME. CUSTOMER AGREES AND ACCEPTS THE COMPENSATION OFFERED BY SPINTOUCH WITH RESPECT TO A DEVICE OR ACCOMODATION IS FINAL AND BINDINGEQUIPMENT.

Indemnity and Limitation of Liability. (A) TO THE EXTENT PERMITTED BY AGREEING TO THESE TERMS AND CONDITIONSAPPLICABLE LAW, (a) YOU AGREE TO SHALL INDEMNIFY AND HOLD SPINTOUCH BELL TV HARMLESS FROM AND ITS OFFICERSAGAINST ANY LOSS OR DAMAGE TO ANY PERSON, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND RESELLERS HARMLESS AS TO ALL CLAIMS EQUIPMENT AND/OR DEMANDS ARISING PROPERTY ON WHICH EQUIPMENT IS LOCATED AND FROM ALL CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES AND COSTS RELATED TO THE INSTALLATION, REMOVAL, USE, MAINTENANCE OR CONDITION OF THE EQUIPMENT, TRANSFER OF EQUIPMENT TO YOU OR YOUR USAGE TERMINATION OF RAPIDSCREENOR DEFAULT UNDER THIS AGREEMENT, THE RCA, THE RENTAL WARRANTY OR ANY OTHER AGREEMENT BETWEEN YOU AND BELL TV; (b) NONE OF BELL TV, NOR ANY OF ITS SUPPLIERS (INCLUDING TELESAT CANADA), WILL BE LIABLE FOR ANY INTERRUPTIONS IN PROGRAMMING OR LIABLE FOR ANY DELAY OR FAILURE TO PERFORM, IF SUCH DELAY OR NON-PERFORMANCE ARISES IN CONNECTION WITH ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER FAILURE, SATELLITE FAILURE OR MALFUNCTION, FAILURE TO REPLACE EXISTING TECHNOLOGY, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL. BELL TV MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING THE PROGRAMMING PROVIDED TO YOU AND ALL SUCH WARRANTIES ARE EXPRESSLY AGREE THAT SPINTOUCH, RESELLER AND THEIR THIRD-PARTY SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL EXCLUDED; (c) BELL TV WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR EXEMPLARY DAMAGES, INCLUDING, BUT INCIDENTAL DAMAGES OF ANY KIND OR FOR ANY REASON WHATSOEVER; and (d) BELL TV’S LIABILITY TO YOU WILL NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM USE OF RAPIDSCREEN. EXCEED THE MAXIMUM LIABILITY OF EITHER SPINTOUCH AND/OR RESELLER UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE CUMULATIVE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER YOU TO SPINTOUCH OR RESELLER BELL TV FOR THE PURCHASE OF DEVICES AND THE PAYMENT OF SERVICE FEES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO ANY CLAIM OR CAUSE OF ACTION. CUSTOMER ACKNOWLEDGES THAT PROCESSING AND ACCEPTANCE OF A RETURN BY SPINTOUCH WITH RESPECT TO A SINGLE DEVICE (OR AN ACCOMODATION WHEREIN SPINTOUCH AGREES TO PROCESS AND RETURN MULTIPLE DEVICES), AND THE FURNISHING BY SPINTOUCH RENTAL OF THE PURCHASE PRICE PAID BY CUSTOMER LESS ANY RESTOCKING FEES AND/OR COSTS, OR ANY OTHER COMPENSATION, RELEASES SPINTOUCH OF ANY FURTHER OBLIGATION WITH RESPECT TO THE SAME. CUSTOMER AGREES AND ACCEPTS THE COMPENSATION OFFERED BY SPINTOUCH WITH RESPECT TO A DEVICE OR ACCOMODATION IS FINAL AND BINDINGEQUIPMENT.

Indemnity and Limitation of Liability. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE TO WILL INDEMNIFY AND HOLD SPINTOUCH YOUR SERVICE PROVIDER AND ITS OFFICERSAFFILIATES, DIRECTORSSUPPLIERS, AGENTSAUTHORIZED CONTRACTORS AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS OR DAMAGE TO ANY PERSON, REPRESENTATIVES, EMPLOYEES, AND RESELLERS HARMLESS AS TO ALL CLAIMS EQUIPMENT AND/OR DEMANDS ARISING PROPERTY ON WHICH ANY OF THE BELL MODEM KIT CONTENTS ARE LOCATED OR TO WHICH THEY MAY BE CONNECTED TO OR INTEGRATED WITH AND FROM ALL CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES, COSTS OR OTHER AMOUNTS RELATED TO OR IN CONNECTION WITH THESE TERMS OF SALE AND ANY DOCUMENT FORMING PART THEREOF, INCLUDING WITHOUT LIMITATION THE USE, MAINTENANCE OR CONDITION OF THE BELL MODEM KIT, TRANSFER OF THE BELL MODEM KIT TO YOU OR YOUR TERMINATION OF OR DEFAULT UNDER, OR BREACH OF ANY OF, THESE TERMS OF SALE, WHETHER OR NOT YOU RECEIVE THE SERVICE UNDER THE SERVICE AGREEMENT. IN THE EVENT OF ANY BREACH, INCLUDING WITHOUT LIMITATION A BREACH OF ANY FUNDAMENTAL TERM, BY YOUR SERVICE PROVIDER OR ANY OF ITS AFFILIATES, SUPPLIERS, AUTHORIZED CONTRACTORS OR AGENTS OF THESE TERMS OF SALE OR IN THE EVENT OF ANY NEGLIGENCE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR EXCLUSIVE REMEDY UNDER THESE TERMS OF SALE WILL BE TO RECEIVE FROM YOUR USAGE SERVICE PROVIDER THE TOTAL COLLECTIVE PAYMENT FOR ACTUAL AND DIRECT DAMAGES SHALL BE THE GREATER OF RAPIDSCREENFIFTY ($50) DOLLARS OR THE AMOUNT OF THE PURCHASE PRICE ACTUALLY PAID BY YOU TO YOUR SERVICE PROVIDER FOR THE BELL MODEM KIT. YOU EXPRESSLY AGREE THAT SPINTOUCHTO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SET OUT IN THIS SECTION, RESELLER AND THEIR THIRD-PARTY YOUR SERVICE PROVIDER OR ITS AFFILIATES, SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AUTHORIZED CONTRACTORS AND LICENSORS SHALL AGENTS WILL NOT BE LIABLE TO YOU FOR OR ANY DIRECTTHIRD PARTY, INDIRECTWHETHER IN CONTRACT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TORT OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM USE OF RAPIDSCREEN. THE MAXIMUM LIABILITY OF EITHER SPINTOUCH AND/OR RESELLER UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE CUMULATIVE AMOUNT PAID BY CUSTOMER TO SPINTOUCH OR RESELLER FOR THE PURCHASE OF DEVICES AND THE PAYMENT OF SERVICE FEES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO ANY CLAIM OR CAUSE OF ACTION. CUSTOMER ACKNOWLEDGES THAT PROCESSING AND ACCEPTANCE OF A RETURN BY SPINTOUCH WITH RESPECT TO A SINGLE DEVICE (OR AN ACCOMODATION WHEREIN SPINTOUCH AGREES TO PROCESS AND RETURN MULTIPLE DEVICES)OTHERWISE, AND THE FURNISHING BY SPINTOUCH OF THE PURCHASE PRICE PAID BY CUSTOMER LESS ANY RESTOCKING FEES AND/OR COSTSEVEN IF YOUR SERVICE PROVIDER, OR ANY OTHER COMPENSATIONOF ITS AFFILIATES, RELEASES SPINTOUCH SUPPLIERS, AUTHORIZED CONTRACTORS OR AGENTS, HAS BEEN ADVISED OF ANY FURTHER OBLIGATION WITH RESPECT TO THE SAME. CUSTOMER AGREES AND ACCEPTS THE COMPENSATION OFFERED BY SPINTOUCH WITH RESPECT TO A DEVICE OR ACCOMODATION IS FINAL AND BINDING.POSSIBILITY OF SUCH LIABILITY, FOR

Indemnity and Limitation of Liability. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE TO INDEMNIFY AND HOLD SPINTOUCH THE CITY AND ITS OFFICERSPAST, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, PRESENT AND RESELLERS HARMLESS AS TO ALL CLAIMS AND/OR DEMANDS ARISING FROM YOUR USAGE OF RAPIDSCREEN. YOU EXPRESSLY AGREE THAT SPINTOUCH, RESELLER AND THEIR THIRD-PARTY SUPPLIERS, FUTURE OFFICERS, EMPLOYEES, AGENTSOFFICIALS, PARTNERS CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, CONSULTANTS, BOARD MEMBERS AND LICENSORS AGENTS (COLLECTIVELY “PROTECTED PERSONS”) ANY THEREOF SHALL NOT BE LIABLE TO YOU FOR ANY DIRECTINJURY TO PERSONS OR PROPERTY OCCASIONED BY REASON OF THE ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS AGREEMENT OR CONSTRUCTION OF, OR IMPROVEMENTS ON THE PROPERTY AS CONTEMPLATED UNDER THIS AGREEMENT. DEVELOPER FURTHER AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS THE PROTECTED PERSONS AGAINST THIRD PARTY CLAIMS IN THE PERFORMANCE OF THIS AGREEMENT OR CONSTRUCTION OF, OR IMPROVEMENTS ON THE PROPERTY AS CONTEMPLATED UNDER THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER, BASED ON CONTRACT, FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA ) (EXCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS) ARISING FROM OR OTHER INTANGIBLE LOSSES RESULTING FROM USE OF RAPIDSCREENUNDER THIS AGREEMENT. THE MAXIMUM TOTAL, CUMULATIVE LIABILITY OF EITHER SPINTOUCH AND/EACH PARTY ARISING OUT OF OR RESELLER UNDER THESE TERMS AND CONDITIONS IS RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, BASED ON CONTRACT, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE CUMULATIVE AMOUNT PAID BY CUSTOMER TO SPINTOUCH OR RESELLER FOR THE PURCHASE OF DEVICES AND THE PAYMENT OF SERVICE FEES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO ANY CLAIM OR CAUSE OF ACTION. CUSTOMER ACKNOWLEDGES THAT PROCESSING AND ACCEPTANCE OF A RETURN BY SPINTOUCH WITH RESPECT TO A SINGLE DEVICE (OR AN ACCOMODATION WHEREIN SPINTOUCH AGREES TO PROCESS AND RETURN MULTIPLE DEVICES), AND THE FURNISHING BY SPINTOUCH OF THE PURCHASE PRICE PAID AND ANY COST OF ABATEMENT PERFORMED BY CUSTOMER LESS CITY ON THE PROPERTY (EXCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS). EXCEPT FOR CITY’S OBLIGATIONS AS SET FORTH IN THIS AGREEMENT THE PROTECTED PERSONS ASSUME NO RESPONSIBILITIES OR LIABILITIES TO DEVELOPER, OR ANY RESTOCKING FEES THIRD PARTIES IN CONNECTION WITH THE PROJECT, AND/OR COSTSTHE PROPERTY, AND DEVELOPER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST THE PROTECTED PERSONS FOR ANY INJURY TO PERSONS OR ANY OTHER COMPENSATIONDAMAGE TO PROPERTY IN CONNECTION THEREWITH. DEVELOPER ACKNOWLEDGES AND AGREES THAT THERE SHALL BE NO PERSONAL RECOURSE TO THE PROTECTED PERSONS, RELEASES SPINTOUCH WHO SHALL INCUR OR ASSUME NO LIABILITY IN RESPECT OF ANY FURTHER OBLIGATION CLAIMS BASED UPON OR RELATING TO THIS AGREEMENT. IT IS UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT DEVELOPER, IN SATISFYING THE CONDITIONS OF THIS AGREEMENT, HAS ACTED INDEPENDENTLY, AND THE PROTECTED PERSONS ASSUME NO RESPONSIBILITIES OR LIABILITIES TO THIRD PARTIES IN CONNECTION WITH RESPECT TO THESE ACTIONS. THE SAME. CUSTOMER AGREES AND ACCEPTS THE COMPENSATION OFFERED BY SPINTOUCH WITH RESPECT TO A DEVICE OR ACCOMODATION IS FINAL AND BINDINGPROVISIONS OF THIS SECTION 6.00 SHALL SURVIVE TERMINATION.