Common use of Limitation of Liability and Indemnification Clause in Contracts

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES (a) NOTWITHSTANDING ANY OTHER PROVISION OF ANY KINDTHIS AGREEMENT TO THE CONTRARY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ANY PARTY OR ANY OF ITS AFFILIATES OR PARENT CORPORATION, GROUP MEMBERS BE LIABLE UNDER ANY CIRCUMSTANCES OR LEGAL THEORY FOR DAMAGES RELATED TO INCONVENIENCE, DOWNTIME, INTEREST, COST OF CAPITAL, FRUSTRATION OF ECONOMIC OR BUSINESS EXPECTATIONS, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF USE, TIME, DATA, OR GOOD WILL, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, COLLATERAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH LOSSES ARE FORESEEABLE; PROVIDED, HOWEVER, THAT TO THE EXTENT AN INDEMNIFIED PARTY IS REQUIRED TO PAY ANY DAMAGES RELATED TO INCONVENIENCE, DOWNTIME, INTEREST, COST OF CAPITAL, FRUSTRATION OF ECONOMIC OR BUSINESS EXPECTATIONS, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF USE, TIME, DATA, OR GOODWILL, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, COLLATERAL OR CONSEQUENTIAL DAMAGES, TO A PERSON WHO IS NOT A MEMBER OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR GROUP IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY A THIRD PARTY SERVICES INCLUDINGCLAIM, BUT SUCH DAMAGES WILL CONSTITUTE DIRECT DAMAGES NOT LIMITED SUBJECT TO E911 SERVICE AND HOME SECURITY THE LIMITATION SET FORTH IN THIS SECTION 6.2. THIS SECTION SURVIVES THE TERMINATION OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART EXPIRATION OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementTHIS AGREEMENT.

Limitation of Liability and Indemnification. CUSTOMER USI shall not be liable to Student or any other person, including the co-residents and guests of Student, for any damage to their person or property from any defect, known or unknown, in the construction, condition, or maintenance of the said University Housing. Student hereby releases USI from all liability for any accident, damage or injury caused to the person or property of Student on or about the Housing. TO THE FULLEST EXTENT PERMITTED BY LAW, STUDENT AGREES THAT TO INDEMNIFY, PROTECT AND HOLD HARMLESS USI AND ITS TRUSTEES, ACTING IN THEIR CAPACITY AS TRUESTEES AND OTHERWISE, OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS OF AND FROM ANY AND ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES COSTS, EXPENSES (INCLUDING ATTORNEYS’ FEES), LIABILITIES, LOSSES, DAMAGES, SUITS, ACTIONS, FINES, PENALTIES, CLAIMS OR DEMANDS OF ANY KINDKIND ASSERTED BY OR ON BEHALF OF STUDENT OR ANY OTHER PERSON, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEENTITY, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTEDGOVERNMENTAL AUTHORITY, FOR PERSONAL INJURY, DEATH OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT PROPERTY DAMAGE OF ANY AND ALL USE PERSONS BY REASON OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK USE, OCCUPATION, AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS MAINTENANCE OF THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICEHOUSING, INCLUDING ANY DIRECTAND ALL PUBLIC LIABILITY TO GUESTS, INDIRECTEMPLOYEES, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGESAND OTHERS, WHETHER OR NOT THERE IT IS NEGLIGENCE ON ALLEGED THAT USI IN ANY WAY CONTRIBUTED TO THE PART OF COMPANY AND WHETHER ALLEGED WRONGDOING OR IS LIABLE DUE TO A NON-DELEGABLE DUTY. HOWEVER, STUDENT SHALL NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER BE OBLIGATED TO INDEMNIFY USI FOR THE BROADBAND SERVICESSOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF USI OR ITS AGENTS AND EMPLOYEES WHERE SUCH INDEMNIFICATION IS CONTRARY TO LAW. Customer agrees RIGHT OF INSPECTION USI and its agents and invitees shall have the right to defend, indemnify enter and hold harmless Company, its affiliates access to University Housing at all reasonable times to examine the condition of the Housing and Parent Corporation, from to confirm that the Student and against any co-residents or guests are in compliance with the terms of this Contract and all claims and expensesUSI’s written policies, including reasonable attorneys' feesbut not limited to USI’s Code of Student Behavior or USI’s Housing and Resident Handbook, arising out or to determine compliance with federal, state or local laws. USI reserves the right to remove any items discovered during such inspection that are not in conformity with the terms of this Contract and USI’s written policies. The Student acknowledges and agrees that any such entry, inspection or related in any way removal of property by USI may be made without prior notice to the use Student and shall not constitute an eviction, a termination of this Contract or a breach of Student’s quiet enjoyment of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementHousing.

Limitation of Liability and Indemnification. CUSTOMER AGREES EXCEPT AS STATED IN THIS ONLINE BANKING AGREEMENT OR TO THE EXTENT THE LAW MAY REQUIRE OTHERWISE, YOU AGREE THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES BANK WILL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY BECAUSE OF ACTS, OMISSIONS, OR POLICIES OF ANY KINDGOVERNMENTAL AGENCY, EITHER EXPRESS FINANCIAL INSTITUTION OR IMPLIEDOTHER PARTY THROUGH WHICH A FUNDS TRANSFER SUBJECT TO THE AGREEMENT IS EFFECTED (WHETHER OR NOT SELECTED BY US), INCLUDING BUT THE FAILURE OF ANY SUCH INSTITUTION, AGENCY OR PARTY TO ACCOUNT FOR OR PAY OVER THE FUNDS TRANSFERRED. BANK WILL NOT LIMITED BE LIABLE TO WARRANTIES YOU AND YOU AGREE TO INDEMNIFY AND HOLD BANK HARMLESS FROM ANY LIABILITY FOR BANK’S FAILURE TO COMPLY WITH THE TERMS OF TITLETHIS ONLINE BANKING AGREEMENT BECAUSE OF LEGAL CONSTRAINT, NON INFRINGEMENT INTERRUPTION OR IMPLIED WARRANTIES FAILURE OF MERCHANTABILITY TRANSMISSION AND/OR FITNESS FOR A PARTICULAR PURPOSECOMMUNICATIONS FACILITIES, WAR (DECLARED OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTEDNOT), EMERGENCIES, LABOR DISPUTES, FIRE, ACTS OF GOD, NATURAL DISASTERS OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURESANY OTHER CIRCUMSTANCES BEYOND BANK’S CONTROL. IN NO EVENT WILL COMPANYBANK BE LIABLE TO YOU FOR: (1) ANY LOST PROFITS, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OR LOSSES, EVEN IF BANK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT REQUIRED BY LAW; OR (2) ANY AMOUNTS EXCEEDING THE AMOUNTS PAID BY YOU FOR ONLINE BANKING AND/OR RELATED SERVICES. YOU ALSO AGREE TO INDEMNIFY AND HOLD BANK, ITS AFFILIATES OR PARENT CORPORATIONSUBSIDIARIES, BE LIABLE FOR DAMAGES AFFILIATES, OFFICERS, DIRECTORS AND ATTORNEYS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES (INCLUDING THE PAYMENTS OF ANY KIND, UNDER ANY LEGAL THEORY, REASONABLE ATTORNEY’S AND PARALEGAL FEES AND OTHER COSTS) ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATIONYOUR INSTRUCTIONS, REPAIRACCESS TO AND USE OF ONLINE BANKING, REPLACEMENTBREACH OF THIS ONLINE BANKING AGREEMENT, AND/OR VIOLATION OF ANY APPLICABLE LAW OR RIGHT OF A THIRD PARTY. ANY CLAIM RELATED TO ONLINE BANKING MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REMOVAL OF COMPANY'S EQUIPMENTREASONABLY SHOULD HAVE KNOWN, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY EXISTENCE OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementCLAIM AGAINST BANK.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES 5.01 THE DUTIES OF THE ADMINISTRATOR SHALL BE CONFINED TO THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND NO IMPLIED DUTIES ARE PROVIDED ASSUMED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR MAY BE ASSERTED AGAINST THE ADMINISTRATOR. TO THE EXTENT ARISING OUT OF ANY KINDTHE ADMINISTRATOR’S NEGLIGENCE WHEN PROVIDING THE SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT THE ADMINISTRATOR’S AGGREGATE LIABILITY TO THE FUND WILL BE LIMITED TO WARRANTIES MONETARY DAMAGES NOT TO EXCEED THE AMOUNT OF TITLEFEES PAID HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM TO OCCUR. TO THE EXTENT ARISING OUT OF THE ADMINISTRATOR’S FRAUD, NON INFRINGEMENT BAD FAITH OR IMPLIED WARRANTIES OF MERCHANTABILITY WILLFUL OR FITNESS FOR A PARTICULAR PURPOSECRIMINAL MISCONDUCT WHEN PROVIDING THE SERVICES, OR THAT SUCH SERVICES THE ADMINISTRATOR’S AGGREGATE LIABILITY TO THE FUND WILL BE ERROR FREEUNLIMITED. COMPANY MAKES NO WARRANTY THAT For the avoidance of doubt, the Administrator shall not be responsible for any breach in the performance of its obligations under this Agreement due to (i) the failure or delay of the Trust or its agents to perform its obligations under this Agreement or (ii) the Administrator’s reliance on the Trust Data. Each party shall have the duty to mitigate its damages for which another party may become responsible. As used in this Section 5, the term “Administrator” shall include the officers, directors, employees, affiliates and agents of the Administrator as well as that entity itself. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE BROADBAND SERVICES WILL BE UNINTERRUPTEDCONTRARY, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER NON-DIRECT DAMAGES OF ANY KINDKIND WHETHER SUCH LIABILITY IS PREDICATED ON CONTRACT, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENTSTRICT LIABILITY, OR REMOVAL ANY OTHER THEORY AND REGARDLESS OF COMPANY'S EQUIPMENT, WHETHER THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE FUND IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement.

Limitation of Liability and Indemnification. CUSTOMER AGREES YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY KINDDIRECT, EITHER EXPRESS INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR IMPLIEDEXEMPLARY DAMAGES, INCLUDING INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO WARRANTIES USE THE SERVICE; (ii) THE COST OF TITLEPROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, NON INFRINGEMENT DATA, INFORMATION OR IMPLIED WARRANTIES OF MERCHANTABILITY SERVICES OBTAINED OR FITNESS FOR A PARTICULAR PURPOSEMESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT AS A RESULT OF THE BROADBAND SERVICES WILL BE UNINTERRUPTED, SERVICE; (iii) UNAUTHORIZED ACCESS TO OR WILL SECURE CUSTOMER'S COMPUTER FROM ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY UNAUTHORIZED ACCESS ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR MONITORING(vi) ANY OTHER MATTER RELATING TO THE SERVICE. CUSTOMER AGREES THAT ALL USE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANYFULLEST EXTENT POSSIBLE BY LAW, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATIONSERVICE OR YOUR USE OF BOOT CAMP CONTENT, REPAIRREGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, REPLACEMENTTORT, BREACH OF WARRANTY, OR REMOVAL OF COMPANY'S EQUIPMENTOTHERWISE), THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT WILL NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGESEXCEED $100. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees You agree to defend, indemnify indemnify, and hold harmless Company, its affiliates and Parent Corporation, the Released Parties from and against any and all claims and expensesclaims, actions, or demands, including without limitation reasonable attorneys' legal and accounting fees, arising out of alleging or related in any way to the resulting from (i) your use of the Broadband Services by Customer Service or otherwise arising out reliance on any third-party content, (ii) your use of Customer's or reliance on any Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any term of the Agreementsuch claim, suit, or proceeding.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND 5.01 THE DUTIES OF THE ADMINISTRATOR SHALL BE CONFINED TO THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND NO IMPLIED DUTIES ARE ASSUMED BY OR MAY BE ASSERTED AGAINST THE ADMINISTRATOR. EXCEPT TO THE EXTENT ARISING OUT OF THE ADMINISTRATOR'S BAD FAITH, FRAUD, GROSS NEGLIGENCE (AS DEFINED HEREIN) WILFUL MISFEASANCE OR CRIMINAL MISCONDUCT IN THE PERFORMANCE OF THE SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDUNDER THIS AGREEMENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT THE ADMINISTRATOR'S AGGREGATE LIABILITY TO THE TRUST WILL BE LIMITED TO WARRANTIES MONETARY DAMAGES NOT TO EXCEED THE GREATER OF TITLE(i) THE AMOUNT OF FEES PAID HEREUNDER DURING THE TWENTY-FOUR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM TO OCCUR; AND ONE MILLION DOLLARS ($1,000,000). For the avoidance of doubt, NON INFRINGEMENT OR IMPLIED WARRANTIES the Administrator shall not be responsible for any breach in the performance of its obligations under this Agreement to the extent due to (i) the failure or delay of the Trust or its agents to perform its obligations under this Agreement or (ii) the Administrator's reliance on Trust Data. Each party shall have the duty to mitigate its damages for which another party may become responsible. As used in this Section 5, the term "Administrator" shall include the officers, directors, employees, affiliates and agents of the Administrator as well as that entity itself. NOTWITHSTANDING ANY OTHER PROVISION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSETHIS AGREEMENT TO THE CONTRARY, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER NON-DIRECT DAMAGES OF ANY KINDKIND ARISING FROM OR RELATING TO THIS AGREEMENT WHETHER SUCH LIABILITY IS PREDICATED ON CONTRACT, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENTSTRICT LIABILITY, OR REMOVAL ANY OTHER THEORY AND REGARDLESS OF COMPANY'S EQUIPMENT, WHETHER THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED TO THE MAXIMUM EXTENT PERMITTED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF LAW, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY KINDINDIRECT, EITHER EXPRESS INCIDENTAL, SPECIAL, NOMINAL, PUNITIVE, EXEMPLARY, OR IMPLIEDCONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLELOST PROFITS OR DAMAGES FOR DELAY, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS SELLER, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, TRUSTS, TRUSTEES, AND AGENTS (COLLECTIVELY, “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, INVESTIGATIONS, AND EXPENSES (INDIVIDUALLY, A “CLAIM”) RELATING TO (A) THE USE, HANDLING, STORAGE, LABELING, PREPARATION, PACKAGING, RETURN, SALE, OR RESALE OF THE PRODUCTS OR THEIR CONTAINERS, (B) BUYER’S OBLIGATIONS, LIABILITIES, AND RESPONSIBILITIES UNDER THESE T&Cs, (C) THE RISKS BUYER ASSUMES IN ACCORDANCE WITH THESE T&Cs, (D) BUYER’S NEGLIGENCE, BREACH OF THESE T&Cs OR OTHER AGREEMENT BETWEEN THE PARTIES, OR ANY OTHER WRONGFUL OR UNLAWFUL CONDUCT, AND (E) ISSUES WITH RAW MATERIALS OR THEIR SOURCES OR SUPPLIERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY'S LIABILITY SHALL INDEMNIFIED PARTIES’ LIABILITY—WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, COMMON LAW, INDEMNITY, OR OTHERWISE—EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER PURCHASE PRICE FOR THE BROADBAND SERVICESPRODUCTS AT ISSUE OR, IF NOT APPLICABLE, THE PURCHASE PRICE FOR THE PRODUCTS PURCHASED BY BUYER FROM SELLER DURING THE THREE (3) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM. Customer agrees to defendSELLER SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCT NOT USED IN ACCORDANCE WITH ITS INTENDED PURPOSE, indemnify and hold harmless CompanyTHE MANUFACTURER’S INSTRUCTIONS, its affiliates and Parent CorporationOR APPLICABLE LAW, from and against any and all claims and expensesINCLUDING THE REQUIREMENTS OF THE UNITED STATES FOOD, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementDRUGS AND COSMETIC ACT AND THE FOOD AND DRUGS ACT (CANADA).

Limitation of Liability and Indemnification. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, FLOW'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT, OR AT LAW WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED TO CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND(WHETHER NEGLIGENT OR OTHERWISE), EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT WILL BE LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE FIFTY PERCENT (50%) OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND TOTAL FEES PAID (LESS ANY REFUNDS OR CREDITS) BY CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS TO FLOW IN THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURESPRECEDING TWELVE (12) MONTHS. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, FLOW BE LIABLE FOR DAMAGES OF ANY KINDTO CUSTOMER UNDER, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENTWITH, OR REMOVAL OF COMPANY'S EQUIPMENTRELATED TO THIS AGREEMENT FOR ANY SPECIAL, THE USE INCIDENTAL, PUNITIVE, INDIRECT OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY OTHERWISE, AND WHETHER OR NOT COMPANY FLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE A CONDITION AND MATERIAL CONSIDERATION FOR THEIR ENTRY INTO THIS AGREEMENT. CUSTOMER SHALL INDEMNIFY FLOW AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, ETC., FROM ANY SUCH DAMAGESLOSS, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM ANY ACTIONS OR OMISSIONS OF CUSTOMER, INCLUDING, WITHOUT LIMITATION, CUSTOMER’S BREACH OF THIS AGREEMENT OR FAILURE TO FOLLOW THE INSTRUCTIONS OR WRITTEN INSTRUCTIONS/MANUALS OF FLOW RELATED TO THE PRODUCTS OR SERVICES, AS WELL AS ANY DAMAGES OR COSTS INCURRED BY FLOW RELATED TO ANY DEFECT IN THE PROPERTY WHERE SERVICES, IF ANY, ARE PROVIDED. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THIS INDEMNITY SHALL SURVIVE THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementTERMINATION OR EXPIRATION OF THIS AGREEMENT.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY VENDORS OR SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE PROVIDED BY COMPANY ON AN "AS IS" PROHIBITED IN THE JURISDICTION WHERE YOU ARE LOCATED SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. THE ENTIRE LIABILITY OF ALTIUM AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES ITS CONTRIBUTING COMPONENT MANUFACTURERS IN RESPECT TO ANY BREACH OF ALTIUM’S CONTRACTUAL OBLIGATIONS ARISING UNDER THIS XXXX AND ANY KINDREPRESENTATION, EITHER EXPRESS STATEMENT OR IMPLIEDTORTIOUS ACT OR OMISSION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT NEGLIGENCE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, INTENTIONAL CONDUCT ARISING UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL THIS XXXX (TOGETHER AN “EVENT OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT DEFAULT”) SHALL BE LIMITED TO E911 SERVICE AND HOME SECURITY DAMAGES IN AN AMOUNT EQUAL TO ALL FEES PAID BY YOU TO ALTIUM IN THE PRECEDING TWELVE (12) MONTHS FOR THE APPLICABLE LICENSED MATERIALS. NOTWITHSTANDING THE FOREGOING, ALTIUM WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY EVENT OF DEFAULT FOR LOSS OF DATA, PROFITS, GOODWILL OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECTTYPE OF SPECIAL, INDIRECT, INCIDENTAL SPECIAL EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OR PUNITIVE DAMAGES, WHETHER DAMAGE SUFFERED BY YOU AS A RESULT OF ANY ACTION BROUGHT BY A THIRD PARTY) EVEN IF SUCH DAMAGE WAS REASONABLY FORESEEABLE OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS ALTIUM HAD BEEN ADVISED OF THE POSSIBILITY OF YOUR INCURRING THE SAME, AND REGARDLESS OF WHETHER SUCH EVENT OF DEFAULT IS STYLED AS BEING BASED UPON CONTRACT, TORT, STATUTORY OR OTHER LAW. THIS LIMITATION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES HEREIN, TO THE EXTENT PERMITTED BY LAW. NOTHING IN THIS SECTION WILL CONFER ANY RIGHT OR REMEDY UPON YOU TO WHICH YOU WOULD NOT OTHERWISE BE LEGALLY ENTITLED. YOU ACKNOWLEDGE THAT EXCEPT AS SET FORTH HEREIN, NO PROMISE, REPRESENTATION, WARRANTY OR UNDERTAKING HAS BEEN MADE BY ALTIUM TO YOU OR TO ANY PERSON ON YOUR BEHALF AS TO THE PROFITABILITY OR ANY OTHER CONSEQUENCES OR BENEFITS TO BE OBTAINED FROM USE OF THE LICENSED MATERIALS. YOU HAVE RELIED SOLELY UPON YOUR OWN SKILL AND JUDGMENT IN ACQUIRING THE LICENSED MATERIALS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ALTIUM AND ITS CONTRIBUTING COMPONENT MANUFACTURERS HARMLESS IN THE EVENT YOUR USE OR APPLICATION OF ANY OF THE PRODUCTS LICENSED BY YOU RESULTS IN A LEGAL CLAIM BY ANY THIRD PARTY. IN THE EVENT OF ANY SUCH DAMAGESTHIRD PARTY CLAIM ALTIUM SHALL PROMPTLY NOTIFY YOU AND REASONABLY COOPERATE WITH YOU IN THE DEFENSE THEREOF AT YOUR EXPENSE. ALTIUM MAY ELECT, BUT IS NOT OBLIGATED, TO HIRE ITS OWN LEGAL COUNSEL IN NO THE EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICESOF SUCH THIRD PARTY CLAIM. Customer agrees Nothing in this XXXX is meant to defendexclude, indemnify and hold harmless Companyrestrict or modify any liability of Altium under any law under any jurisdiction in which the Licensed Materials are licensed, its affiliates and Parent Corporationwhich law prohibits, from and against restricts or modifies any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use portion of the Broadband Services by Customer limitation of liability set forth herein, such as the Competition and Consumer Xxx 0000, or otherwise arising out of Customer's breach of any term of the Agreementsimilar law.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES 5.01 THE DUTIES OF THE ADMINISTRATOR SHALL BE CONFINED TO THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND NO IMPLIED DUTIES ARE PROVIDED ASSUMED BY COMPANY ON AN "OR MAY BE ASSERTED AGAINST THE ADMINISTRATOR. EXCEPT TO THE EXTENT ARISING OUT OF THE ADMINISTRATOR'S GROSS NEGLIGENCE (AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDDEFINED HEREIN), EITHER EXPRESS WILLFUL MISCONDUCT, BAD FAITH, FRAUD OR IMPLIEDCRIMINAL MISCONDUCT WHEN PROVIDING THE SERVICES, INCLUDING BUT NOT THE ADMINISTRATOR'S AGGREGATE LIABILITY TO THE TRUST WILL BE LIMITED TO WARRANTIES MONETARY DAMAGES NOT TO EXCEED THE AMOUNT OF TITLEFEES PAID HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM TO OCCUR. For the avoidance of doubt, NON INFRINGEMENT OR IMPLIED WARRANTIES the Administrator shall not be responsible for any breach in the performance of its obligations under this Agreement due to (i) the failure or delay of the Trust or either of its respective agents to perform its obligations under this Agreement or (ii) the Administrator's reliance on Trust Data. Each party shall have the duty to mitigate its damages for which another party may become responsible. As used in this SECTION 5, the term "ADMINISTRATOR" shall include the officers, directors, employees, affiliates and agents of the Administrator as well as that entity itself. NOTWITHSTANDING ANY OTHER PROVISION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSETHIS AGREEMENT TO THE CONTRARY, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, SHALL THE ADMINISTRATOR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER NON- DIRECT DAMAGES OF ANY KINDKIND WHETHER SUCH LIABILITY IS PREDICATED ON CONTRACT, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENTSTRICT LIABILITY, OR REMOVAL ANY OTHER THEORY AND REGARDLESS OF COMPANY'S EQUIPMENT, WHETHER THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE TRUST IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" 7.1 CONSEQUENTIAL DAMAGES EXCLUSION. EXCEPT FOR EITHER PARTY’S INTELLECTUAL PROPERTY OBLIGATIONS (AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES IN THE CASE OF ANY KINDCUSTOMER, EITHER EXPRESS OR IMPLIEDITS OBLIGATIONS UNDER SECTION 2 (SCOPE OF USE), INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANYEITHER PARTY (AND IN THE CASE OF GENESYS, ITS AFFILIATES BUSINESS PARTNERS, LICENSORS OR PARENT CORPORATION, SERVICE PROVIDERS) BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KINDCHARACTER (INCLUDING DAMAGES FOR LOSS OF BUSINESS OR GOOD WILL, UNDER ANY WORK STOPPAGE, LOST OR CORRUPTED INFORMATION OR DATA, LOSS OF REVENUE OR PROFIT, COMPUTER FAILURE OR MALFUNCTION, AND TELECOMMUNICATIONS CHARGES FROM UNAUTHORIZED ACCESS), COVER DAMAGES, OR OTHER SIMILAR DAMAGES REGARDLESS OF THE LEGAL THEORYTHEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, THIS AGREEMENT OR REMOVAL ANY SERVICES OR OTHER MATERIALS OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICEKIND PROVIDED BY US, INCLUDING ANY DIRECTAND ALL THIRD PARTY PRODUCTS, INDIRECTDELIVERABLES, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGESCUSTOMIZATIONS, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED SERVICES, HARDWARE, PROFESSIONAL SERVICES, SUPPORT SERVICES, CLOUD SERVICES, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementDAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES 5.01 THE DUTIES OF THE ADMINISTRATOR SHALL BE CONFINED TO THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND NO IMPLIED DUTIES ARE PROVIDED ASSUMED BY COMPANY ON AN "OR MAY BE ASSERTED AGAINST THE ADMINISTRATOR. EXCEPT TO THE EXTENT ARISING OUT OF THE ADMINISTRATOR’S BAD FAITH, FRAUD, GROSS NEGLIGENCE (AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDDEFINED HEREIN), EITHER EXPRESS WILLFUL MISCONDUCT OR IMPLIEDCRIMINAL MISCONDUCT WHEN PROVIDING THE SERVICES, INCLUDING BUT NOT THE ADMINISTRATOR’S AGGREGATE LIABILITY TO THE FUNDS WILL BE LIMITED TO WARRANTIES THE AMOUNT OF TITLEFEES PAID HEREUNDER DURING THE THIRTY-SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM TO OCCUR (THE “LIABILITY CAP”). FOR PURPOSES OF THE FOREGOING, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS THE LIABILITY CAP SHALL BE CALCULATED BY MULTIPLYING THE AVERAGE MONTHLY FEE PAYABLE TO THE ADMINISTRATOR FOR A PARTICULAR PURPOSETHE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM TO OCCUR BY THIRTY-SIX, OR THAT SUCH SERVICES WILL BE ERROR FREEIF THE EVENT GIVING RISE TO THE FIRST CLAIM OCCURS DURING THE FIRST THREE MONTHS FROM THE LIVE DATE, MULTIPLYING THE FEE PAYABLE TO THE ADMINISTRATOR FOR THE MONTH IN WHICH THE CLAIM OCCURS BY THIRTY-SIX. COMPANY MAKES NO WARRANTY THAT For the avoidance of doubt, the Administrator shall not be responsible for any breach in the performance of its obligations under this Agreement due to (i) the failure or delay of any Fund or any of its respective agents to perform its obligations under this Agreement or (ii) the Administrator’s reliance on Fund Data. Each party shall have the duty to mitigate its damages for which another party may become responsible. As used in this Section 5, the term “Administrator” shall include the officers, directors, employees, affiliates and agents of the Administrator as well as that entity itself. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE BROADBAND SERVICES WILL BE UNINTERRUPTEDCONTRARY, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, SHALL ANY PARTY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER NON-DIRECT DAMAGES OF ANY KINDKIND ARISING OR RELATING TO THIS AGREEMENT WHETHER SUCH LIABILITY IS PREDICATED ON CONTRACT, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENTSTRICT LIABILITY, OR REMOVAL ANY OTHER THEORY AND REGARDLESS OF COMPANY'S EQUIPMENT, WHETHER THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD OTHER PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SEI – 296447 THIS DOCUMENT CONSTITUTES CONFIDENTIAL INFORMATION OF SEI INVESTMENTS GLOBAL FUNDS SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement

Limitation of Liability and Indemnification. UNLESS MANDATED BY APPLICABLE LAW, IN NO EVENT SHALL GRANTOR BE LIABLE IN LAW OR EQUITY TO A CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF FOR ANY KINDSPECIAL, EITHER EXPRESS OR IMPLIEDINDIRECT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEINCIDENTAL, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT CONSEQUENTIAL DAMAGES ARISING FROM THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES SOFTWARE OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED, AND REGARDLESS OF THE THEORY ON WHICH A CLAIM FOR SUCH DAMAGES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURESBASED, WHETHER UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY THEORY OF LIABILITY. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, GRANTOR’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO GRANTOR FOR THE BROADBAND SERVICESPREVIOUS THREE (3) YEARS PRECEEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION WILL APPLY EVEN IF GRANTOR OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES. CUSTOMER ACKNOWLEDGES THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. Customer agrees to defendindemnify, indemnify defend and hold harmless CompanyGrantor and its affiliates, its affiliates suppliers, and Parent Corporation, from and agents against any and all claims and expenses, expenses (including reasonable attorneys' attorney fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise ) arising out of Customer's ’s use of the Software or breach of any term of the Agreementthis XXXX.

Limitation of Liability and Indemnification. CUSTOMER USI shall not be liable to Student or any other person, including the co-residents and guests of Student, for any damage to their person or property from any defect, known or unknown, in the construction, condition, or maintenance of the said University Housing. Student hereby releases USI from all liability for any accident, damage or injury caused to the person or property of Student on or about the Housing. TO THE FULLEST EXTENT PERMITTED BY LAW, STUDENT AGREES THAT TO INDEMNIFY, PROTECT AND HOLD HARMLESS USI AND ITS TRUSTEES, ACTING IN THEIR CAPACITY AS TRUSTEES AND OTHERWISE, OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS OF AND FROM ANY AND ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES COSTS, EXPENSES (INCLUDING ATTORNEYS’ FEES), LIABILITIES, LOSSES, DAMAGES, SUITS, ACTIONS, FINES, PENALTIES, CLAIMS OR DEMANDS OF ANY KINDKIND ASSERTED BY OR ON BEHALF OF STUDENT OR ANY OTHER PERSON, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEENTITY, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTEDGOVERNMENTAL AUTHORITY, FOR PERSONAL INJURY, DEATH OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT PROPERTY DAMAGE OF ANY AND ALL USE PERSONS BY REASON OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK USE, OCCUPATION, AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS MAINTENANCE OF THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICEHOUSING, INCLUDING ANY DIRECTAND ALL PUBLIC LIABILITY TO GUESTS, INDIRECTEMPLOYEES, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGESAND OTHERS, WHETHER OR NOT THERE IT IS NEGLIGENCE ON ALLEGED THAT USI IN ANY WAY CONTRIBUTED TO THE PART OF COMPANY AND WHETHER ALLEGED WRONGDOING OR IS LIABLE DUE TO A NON-DELEGABLE DUTY. HOWEVER, STUDENT SHALL NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER BE OBLIGATED TO INDEMNIFY USI FOR THE BROADBAND SERVICESSOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF USI OR ITS AGENTS AND EMPLOYEES WHERE SUCH INDEMNIFICATION IS CONTRARY TO LAW. Customer agrees RIGHT OF INSPECTION USI and its agents and invitees shall have the right to defend, indemnify enter and hold harmless Company, its affiliates access to University Housing at all reasonable times to examine the condition of the Housing and Parent Corporation, from to confirm that the Student and against any co-residents or guests are in compliance with the terms of this Contract and all claims and expensesUSI’s written policies, including reasonable attorneys' feesbut not limited to USI’s Code of Student Behavior or USI’s Housing and Resident Handbook, arising out or to determine compliance with federal, state or local laws. USI reserves the right to remove any items discovered during such inspection that are not in conformity with the terms of this Contract and USI’s written policies. The Student acknowledges and agrees that any such entry, inspection or related in any way removal of property by USI may be made without prior notice to the use Student and shall not constitute an eviction, a termination of this Contract or a breach of Student’s quiet enjoyment of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementHousing.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" 7.1 CONSEQUENTIAL AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES RELATED DAMAGES EXCLUSION. EXCEPT FOR EITHER PARTY’S INTELLECTUAL PROPERTY OBLIGATIONS (AND IN THE CASE OF ANY KINDCUSTOMER, EITHER EXPRESS OR IMPLIEDITS OBLIGATIONS UNDER SECTION 2 (SCOPE OF USE), INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANYEITHER PARTY (AND IN THE CASE OF GENESYS, ITS AFFILIATES BUSINESS PARTNERS, LICENSORS OR PARENT CORPORATION, SERVICE PROVIDERS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KINDCHARACTER (INCLUDING DAMAGES FOR LOSS OF BUSINESS, UNDER ANY OPPORTUNITY OR GOOD WILL, WORK STOPPAGE, LOST OR CORRUPTED INFORMATION OR DATA, LOSS OF REVENUE OR PROFIT, COMPUTER FAILURE OR MALFUNCTION, AND TELECOMMUNICATIONS CHARGES FROM UNAUTHORIZED ACCESS), COVER DAMAGES, OR OTHER SIMILAR DAMAGES REGARDLESS OF THE LEGAL THEORYTHEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, THIS AGREEMENT OR REMOVAL ANY SERVICES OR OTHER MATERIALS OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICEKIND PROVIDED BY US, INCLUDING ANY DIRECTAND ALL THIRD PARTY PRODUCTS, INDIRECTDELIVERABLES, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGESCUSTOMIZATIONS, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED SERVICES, HARDWARE, PROFESSIONAL SERVICES, SUPPORT SERVICES, CLOUD SERVICES, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementDAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES 5.01 THE DUTIES OF THE ADMINISTRATOR SHALL BE CONFINED TO THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND NO IMPLIED DUTIES ARE PROVIDED ASSUMED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR MAY BE ASSERTED AGAINST THE ADMINISTRATOR. EXCEPT TO THE EXTENT ARISING OUT OF ANY KINDTHE ADMINISTRATOR’S GROSS NEGLIGENCE, EITHER EXPRESS BAD FAITH, FRAUD, WILLFUL MISCONDUCT OR IMPLIEDCRIMINAL MISCONDUCT WHEN PROVIDING THE SERVICES, INCLUDING BUT NOT THE ADMINISTRATOR’S LIABILITY TO A FUND FOR DIRECT DAMAGES WILL BE LIMITED TO WARRANTIES MONETARY DAMAGES NOT TO EXCEED THE LESSER OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES (1) THE AMOUNT OF MERCHANTABILITY OR FITNESS THE MONTHLY FEES PAYABLE PURSUANT TO THIS AGREEMENT FOR A PARTICULAR PURPOSETHE SIX MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR THAT IF SUCH SERVICES WILL BE ERROR FREEEVENT OCCURS DURING THE FIRST SIX MONTHS AFTER THE EFFECTIVE DATE, THE FEES PAID FOR THE MONTH IMMEDIATELY PRECEDING SUCH EVENT, MULTIPLIED BY SIX AND (2) $2,000,000. COMPANY MAKES NO WARRANTY THAT For the avoidance of doubt, the Administrator shall not be responsible for any breach in the performance of its obligations under this Agreement due to (i) the failure or delay of the Trust or its agents to perform its obligations under this Agreement or (ii) the Administrator’s reliance on the Trust Data. Each party shall have the duty to mitigate its damages for which another party may become responsible. As used in this Section 5, the term “Administrator” shall include the officers, directors, employees, affiliates and agents of the Administrator as well as that entity itself. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE BROADBAND SERVICES WILL BE UNINTERRUPTEDCONTRARY, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, SHALL THE ADMINISTRATOR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER NON-DIRECT DAMAGES OF ANY KINDKIND WHETHER SUCH LIABILITY IS PREDICATED ON CONTRACT, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENTSTRICT LIABILITY, OR REMOVAL ANY OTHER THEORY AND REGARDLESS OF COMPANY'S EQUIPMENT, WHETHER THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE FUND IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES 5.01 THE DUTIES OF THE ADMINISTRATOR SHALL BE CONFINED TO THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND NO IMPLIED DUTIES ARE PROVIDED ASSUMED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR MAY BE ASSERTED AGAINST THE ADMINISTRATOR. TO THE EXTENT ARISING OUT OF ANY KINDTHE ADMINISTRATOR'S NEGLIGENCE WHEN PROVIDING THE SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT THE ADMINISTRATOR'S AGGREGATE LIABILITY TO THE FUND WILL BE LIMITED TO WARRANTIES MONETARY DAMAGES NOT TO EXCEED THE AMOUNT OF TITLEFEES PAID HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM TO OCCUR. TO THE EXTENT ARISING OUT OF THE ADMINISTRATOR'S FRAUD, NON INFRINGEMENT BAD FAITH OR IMPLIED WARRANTIES OF MERCHANTABILITY WILLFUL OR FITNESS FOR A PARTICULAR PURPOSECRIMINAL MISCONDUCT WHEN PROVIDING THE SERVICES, OR THAT SUCH SERVICES THE ADMINISTRATOR'S AGGREGATE LIABILITY TO THE FUND WILL BE ERROR FREEUNLIMITED. COMPANY MAKES NO WARRANTY THAT For the avoidance of doubt, the Administrator shall not be responsible for any breach in the performance of its obligations under this Agreement due to (i) the failure or delay of the Trust or its agents to perform its obligations under this Agreement or (ii) the Administrator's reliance on the Trust Data. Each party shall have the duty to mitigate its damages for which another party may become responsible. As used in this Section 5, the term “Administrator” shall include the officers, directors, employees, affiliates and agents of the Administrator as well as that entity itself. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE BROADBAND SERVICES WILL BE UNINTERRUPTEDCONTRARY, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER NON-DIRECT DAMAGES OF ANY KINDKIND WHETHER SUCH LIABILITY IS PREDICATED ON CONTRACT, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENTSTRICT LIABILITY, OR REMOVAL ANY OTHER THEORY AND REGARDLESS OF COMPANY'S EQUIPMENT, WHETHER THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE FUND IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDTo the extent permitted by law, EITHER EXPRESS OR IMPLIEDyou agree to indemnify us and our affiliates, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLEofficers, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEagents, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTEDand employees, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold us and our affiliates, officers, agents, and employees harmless Company, its affiliates and Parent Corporation, from and against any and all claims claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, ’ fees and expenses arising out of or related in any way to the from use of Online Banking, Mobile Banking, or Xxxx Pay or the Broadband Services by Customer or otherwise arising out of Customer's breach of any term this Agreement. You understand and agree that this paragraph shall survive the termination of the this Agreement. YOU AGREE THAT WE WILL NOT BE LIABLE 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 LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ONLINE BANKING, MOBILE BANKING OR XXXX PAY REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW. YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE FOR ANY FAILURE TO COMPLY WITH THIS AGREEMENT DUE TO LEGAL RESTRAINT, INTERRUPTION OR FAILURE OF TRANSMISSION, WAR (DECLARED OR NOT), EMERGENCIES, LABOR DISPUTES, FIRE, NATURAL DISASTERS OR ANY OTHER CIRCUMSTANCES BEYOND OUR CONTROL. ANY CLAIM RELATED TO ONLINE BANKING, MOBILE BANKING, XXXX PAY OR THIS AGREEMENT MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH A CLAIM. Page 14 of 16 January 6, 2020

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S ’S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S ’S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S ’S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S ’S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify indemnify, and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' ’ fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's ’s breach of any term of the Agreement.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY COMPANY ON AN "IN THIS AGREEMENT, YOU ASSUME THE ENTIRE RISK AS IS" TO THE RESULTS AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES PERFORMANCE OF THE SOFTWARE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, SHALL TASKE OR ITS AGENTS, LICENSORS, SUPPLIERS OR RESELLERS HAVE ANY KINDLIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, EITHER EXPRESS INCIDENTAL, SPECIAL, EXEMPLARY OR IMPLIEDCONSEQUENTIAL DAMAGES , INCLUDING BUT NOT LIMITED TO WARRANTIES LOSS OF TITLEGOOD WILL, NON INFRINGEMENT LOSS OF DATA, LOSS OF SOFTWARE OR IMPLIED WARRANTIES HARDWARE, LOSS OF MERCHANTABILITY PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR FITNESS FOR A PARTICULAR PURPOSEMALFUNCTION, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTEDANY AND ALL OTHER COMMERCIAL OR ECONOMIC DAMAGES OR LOSSES, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY EVEN IF TASKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. THIS SECTION SHALL SURVIVE AND APPLY NOTWITHSTANDING ANY SUCH DAMAGESFUNDAMENTAL BREACH OR THE FAILURE OF ESSENTIAL PURPOSE OF THIS AGREEMENT. NOTHING IN NO EVENT WILL COMPANY'S THIS AGREEMENT SHALL RESTRICT TASKE’S LIABILITY IN A MANNER WHICH IS EXPRESSLY PROHIBITED BY APPLICABLE STATUTE OR REGULATION. EXCEPT AS SET FORTH IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT TASKE’S AND ITS AGENTS’, LICENSORS’, SUPPLIERS’ AND RESELLERS’ LIABILITY ARISING IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND IRRESPECTIVE OF FAULT OR NEGLIGENCE, SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE AGGREGATE AMOUNT ACTUALLY PAID OF PAYMENTS MADE TO TASKE BY CUSTOMER FOR THE BROADBAND SERVICESYOU UNDER THIS AGREEMENT. Customer agrees If notified promptly in writing by You of any action brought against You alleging that the provision of the Software under this Agreement by TASKE constitutes an infringement of any Canadian or United States patent, copyright, trade secret or any other intellectual property or property right of any person (“Infringement Claim”), TASKE shall, as its sole liability and Your sole remedy, defend or settle such action at TASKE's expense and will pay all costs and damages finally awarded up to defenda maximum of the amount paid for the Software. In addition to XXXXX’s obligation to indemnify You as set out in the previous sentence, indemnify TASKE may at its entire expense and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way option either (i) procure for You the right to continue using the Software that gave rise to the Infringement Claim; or (ii) modify or replace the Software affected by the Infringement Claim with non- infringing Software. TASKE shall have no liability in respect of any Infringement Claim to the extent that such Infringement Claim results from: (i) modification of the Software by a person other than TASKE and other than on TASKE's authority, direction, request or specification, to the extent such claim would have been avoided but for such modification; or (ii) use of Software in combination with other products or services where such use (1) was not recommended by TASKE and (2) does not reasonably constitute an intended or expected combination or use of such Software, to the Broadband Services by Customer extent such Infringement Claim would have been avoided but for such combination or otherwise arising out of Customer's breach of any term of the Agreementuse.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND DISH SERVICES ARE PROVIDED DELIVERED AND/OR DISTRIBUTED BY COMPANY ON AN "METRONET ON” AS IS" ” AND "“AS AVAILABLE" ” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO TO, WARRANTIES OF TITLE, NON INFRINGEMENT NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR ERROR-FREE. COMPANY METRONET MAKES NO WARRANTY THAT THE BROADBAND DISH SERVICES WILL BE UNINTERRUPTED, UNINTERRUPTED OR WILL SECURE CUSTOMER'S ’S COMPUTER FROM THIRD THIRD-PARTY UNAUTHORIZED ACCESS OR MONITORINGMONITORING VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH THE DISH SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND DISH SERVICES IS ARE AT CUSTOMER'S ’S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND DISH SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANYMETRONET, ITS AFFILIATES OR PARENT CORPORATIONCOMPANY, BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COSTS OF COVER OR REPLACEMENT OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF METRONET AND WHETHER OR NOT METRONET HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S METRONET’S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND DISH SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD THIRD-PARTY SERVICES INCLUDING, BUT NOT LIMITED TO TO, E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICEMONITORING, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S METRONET’S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICESDISH SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE DATE THE EVENT GIVING RISE TO THE LIABILITY OCCURS. Customer agrees to defendCUSTOMER AGREES TO DEFEND, indemnify and hold harmless CompanyINDEMNIFY AND HOLD HARMLESS METRONET, its affiliates and Parent CorporationITS AFFILIATES AND PARENT COMPANY, from and against any and all claims and expensesFROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, including reasonable attorneys' feesINCLUDING REASONABLE ATTORNEYS’ FEES, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementARISING OUT OF OR RELATED IN ANY WAY TO THE USE OF THE DISH SERVICES BY CUSTOMER OR OTHERWISE ARISING OUT OF CUSTOMER’S BREACH OF ANY MATERIAL TERM OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR PERSONAL INJURY OR DEATH, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, METRONET’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE EXCEPT AS PROVIDED BY COMPANY ON AN "AS IS" IN SECTIONS 16 AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDSECTION 13(e), EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANYSHALL KRONOS OR ADP OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO THE OTHER PARTY OR ITS SUBSIDIARIES, AFFILIATES OR PARENT CORPORATIONANY OF THEIR RESPECTIVE OFFICERS, BE LIABLE DIRECTORS, EMPLOYEES OR AGENTS FOR LOST DATA, LOST PROFITS OR LOST REVENUES OR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY KINDKIND WHATSOEVER ARISING FROM KRONOS' TECHNOLOGY, UNDER ANY LEGAL THEORY, ARISING OUT LICENSE OR SALE OF PRODUCTS OR SERVICES OR OTHERWISE IN CONNECTION WITH THE INSTALLATIONANY PREVIOUS AGREEMENT, REPAIR, REPLACEMENT, WITH THIS AGREEMENT OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE WITH ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGESACTIVITIES THEREUNDER OR HEREUNDER. EXCEPT FOR KRONOS' INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 16(a) AND 16(b), IN NO EVENT WHATSOEVER SHALL KRONOS' LIABILITY UNDER THIS AGREEMENT OR FROM ANY AND ALL CAUSES OR OTHERWISE EXCEED IN GENERAL MONEY DAMAGES A TOTAL CUMULATIVE MAXIMUM AMOUNT OF [**] OF THE AMOUNTS ACTUALLY PAID TO KRONOS UNDER THIS AGREEMENT. THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL COMPANYNOT ENLARGE OR EXTEND THESE LIMITS. THE LIMITATIONS IN THIS SECTION SHALL BE THE FULL EXTENT OF KRONOS' AND ADP'S LIABILITY EXCEED UNDER THIS AGREEMENT WHETHER THE AMOUNT ACTUALLY PAID ACTION OR ACTIONS AGAINST KRONOS OR ADP, AS APPLICABLE, ARE BROUGHT BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defendREASON OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY UNDER OR ANY OTHER BREACH THIS AGREEMENT OR BY REASON OF NEGLIGENCE, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementSTRICT LIABILITY OR ANY OTHER TORT OR CAUSE OF ACTION.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY VENDORS OR SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE PROVIDED BY COMPANY ON AN "AS IS" PROHIBITED IN THE JURISDICTION WHERE YOU ARE LOCATED SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. THE ENTIRE LIABILITY OF ALTIUM AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES ITS CONTRIBUTING COMPONENT MANUFACTURERS IN RESPECT TO ANY BREACH OF ALTIUM’S CONTRACTUAL OBLIGATIONS ARISING UNDER THIS XXXX AND ANY KINDREPRESENTATION, EITHER EXPRESS STATEMENT OR IMPLIEDTORTIOUS ACT OR OMISSION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT NEGLIGENCE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, INTENTIONAL CONDUCT ARISING UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL THIS XXXX (TOGETHER AN “EVENT OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT DEFAULT”) SHALL BE LIMITED TO E911 SERVICE AND HOME SECURITY DAMAGES IN AN AMOUNT EQUAL TO ALL FEES PAID BY YOU TO ALTIUM IN THE PRECEDING TWELVE (12) MONTHS FOR THE APPLICABLE LICENSED MATERIALS. NOTWITHSTANDING THE FOREGOING, ALTIUM WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY EVENT OF DEFAULT FOR LOSS OF DATA, PROFITS, GOODWILL OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECTTYPE OF SPECIAL, INDIRECT, INCIDENTAL SPECIAL EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OR PUNITIVE DAMAGES, WHETHER DAMAGE SUFFERED BY YOU AS A RESULT OF ANY ACTION BROUGHT BY A THIRD PARTY) EVEN IF SUCH DAMAGE WAS REASONABLY FORESEEABLE OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS ALTIUM HAD BEEN ADVISED OF THE POSSIBILITY OF YOUR INCURRING THE SAME, AND REGARDLESS OF WHETHER SUCH EVENT OF DEFAULT IS STYLED AS BEING BASED UPON CONTRACT, TORT, STATUTORY OR OTHER LAW. THIS LIMITATION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES HEREIN, TO THE EXTENT PERMITTED BY LAW. NOTHING IN THIS SECTION WILL CONFER ANY RIGHT OR REMEDY UPON YOU TO WHICH YOU WOULD NOT OTHERWISE BE LEGALLY ENTITLED. YOU ACKNOWLEDGE THAT EXCEPT AS SET FORTH HEREIN, NO PROMISE, REPRESENTATION, WARRANTY OR UNDERTAKING HAS BEEN MADE BY ALTIUM TO YOU OR TO ANY PERSON ON YOUR BEHALF AS TO THE PROFITABILITY OR ANY OTHER CONSEQUENCES OR BENEFITS TO BE OBTAINED FROM USE OF THE LICENSED MATERIALS. YOU HAVE RELIED SOLELY UPON YOUR OWN SKILL AND JUDGMENT IN ACQUIRING THE LICENSED MATERIALS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ALTIUM AND ITS CONTRIBUTING COMPONENT MANUFACTURERS HARMLESS IN THE EVENT YOUR USE OR APPLICATION OF ANY OF THE PRODUCTS LICENSED BY YOU RESULTS IN A LEGAL CLAIM BY ANY THIRD PARTY. IN THE EVENT OF ANY SUCH DAMAGESTHIRD PARTY CLAIM ALTIUM SHALL PROMPTLY NOTIFY YOU AND REASONABLY COOPERATE WITH YOU IN THE DEFENSE THEREOF AT YOUR EXPENSE. ALTIUM MAY ELECT, BUT IS NOT OBLIGATED, TO HIRE ITS OWN LEGAL COUNSEL IN NO THE EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICESOF SUCH THIRD-PARTY CLAIM. Customer agrees Nothing in this XXXX is meant to defendexclude, indemnify and hold harmless Companyrestrict or modify any liability of Altium under any law under any jurisdiction in which the Licensed Materials are licensed, its affiliates and Parent Corporationwhich law prohibits, from and against restricts or modifies any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use portion of the Broadband Services by Customer limitation of liability set forth herein, such as the Competition and Consumer Xxx 0000, or otherwise arising out of Customer's breach of any term of the Agreementsimilar law.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDTo the extent permitted by law, EITHER EXPRESS OR IMPLIEDyou agree to indemnify us and our affiliates, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLEofficers, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEagents, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTEDand employees, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold us and our affiliates, officers, agents, and employees harmless Company, its affiliates and Parent Corporation, from and against any and all claims claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, ’ fees and expenses arising out of or related in any way to the from use of Online Banking, Mobile Banking, or Xxxx Pay or the Broadband Services by Customer or otherwise arising out of Customer's breach of any term this Agreement. You understand and agree that this paragraph shall survive the termination of the this Agreement. YOU AGREE THAT WE WILL NOT BE LIABLE 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 LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ONLINE BANKING, MOBILE BANKING OR XXXX PAY REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW. YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE FOR ANY FAILURE TO COMPLY WITH THIS AGREEMENT DUE TO LEGAL RESTRAINT, INTERRUPTION OR FAILURE OF TRANSMISSION, WAR (DECLARED OR NOT), EMERGENCIES, LABOR DISPUTES, FIRE, NATURAL DISASTERS OR ANY OTHER CIRCUMSTANCES BEYOND OUR CONTROL. ANY CLAIM RELATED TO ONLINE BANKING, MOBILE BANKING, XXXX PAY OR THIS AGREEMENT MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH A CLAIM.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY COMPANY ON AN "IN THIS AGREEMENT, YOU ASSUME THE ENTIRE RISK AS IS" TO THE RESULTS AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES PERFORMANCE OF THE SOFTWARE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, SHALL TASKE OR ITS AGENTS, LICENSORS, SUPPLIERS OR RESELLERS HAVE ANY KINDLIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, EITHER EXPRESS INCIDENTAL, SPECIAL, EXEMPLARY OR IMPLIEDCONSEQUENTIAL DAMAGES , INCLUDING BUT NOT LIMITED TO WARRANTIES LOSS OF TITLEGOOD WILL, NON INFRINGEMENT LOSS OF DATA, LOSS OF SOFTWARE OR IMPLIED WARRANTIES HARDWARE, LOSS OF MERCHANTABILITY PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR FITNESS FOR A PARTICULAR PURPOSEMALFUNCTION, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTEDANY AND ALL OTHER COMMERCIAL OR ECONOMIC DAMAGES OR LOSSES, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY EVEN IF TASKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. THIS SECTION SHALL SURVIVE AND APPLY NOTWITHSTANDING ANY SUCH DAMAGESFUNDAMENTAL BREACH OR THE FAILURE OF ESSENTIAL PURPOSE OF THIS AGREEMENT. NOTHING IN NO EVENT WILL COMPANY'S THIS AGREEMENT SHALL RESTRICT TASKE’S LIABILITY IN A MANNER WHICH IS EXPRESSLY PROHIBITED BY APPLICABLE STATUTE OR REGULATION. EXCEPT AS SET FORTH IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT TASKE’S AND ITS AGENTS’, LICENSORS’, SUPPLIERS’ AND RESELLERS’ LIABILITY ARISING IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND IRRESPECTIVE OF FAULT OR NEGLIGENCE, SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE AGGREGATE AMOUNT ACTUALLY PAID OF PAYMENTS MADE TO TASKE BY CUSTOMER FOR THE BROADBAND SERVICESYOU UNDER THIS AGREEMENT. Customer agrees If notified promptly in writing by You of any action brought against You alleging that the provision of the Software under this Agreement by TASKE constitutes an infringement of any Canadian or United States patent, copyright, trade secret or any other intellectual property or property right of any person (“Infringement Claim”), TASKE shall, as its sole liability and Your sole remedy, defend or settle such action at TASKE's expense and will pay all costs and damages finally awarded up to defenda maximum of the amount paid for the Software. In addition to TASKE’s obligation to indemnify You as set out in the previous sentence, indemnify TASKE may at its entire expense and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way option either (i) procure for You the right to continue using the Software that gave rise to the Infringement Claim; or (ii) modify or replace the Software affected by the Infringement Claim with non- infringing Software. TASKE shall have no liability in respect of any Infringement Claim to the extent that such Infringement Claim results from: (i) modification of the Software by a person other than TASKE and other than on TASKE's authority, direction, request or specification, to the extent such claim would have been avoided but for such modification; or (ii) use of Software in combination with other products or services where such use (1) was not recommended by TASKE and (2) does not reasonably constitute an intended or expected combination or use of such Software, to the Broadband Services by Customer extent such Infringement Claim would have been avoided but for such combination or otherwise arising out of Customer's breach of any term of the Agreementuse.

Limitation of Liability and Indemnification. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREMENT, CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" XXXXXXXX XXXX AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES SHALL HAVE NO LIABILITY TO CUSTOMER FOR ANY DAMAGES WHATSOEVER RELATED TO THE PRODUCT OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICERESULTS GENERATED THEREBY, INCLUDING ANY DIRECTAMOUNTS REPRESENTING CONSEQUENTIAL DAMAGES, INDIRECTINDIRECT DAMAGES, INCIDENTAL SPECIAL CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, LOSS OF BUSINESS, EXEMPLARY DAMAGES, OR PUNITIVE DAMAGES, WHETHER INCLUDING COSTS OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY DAMAGES RELATED TO PRODUCT RECALLS, PROGRAM DEVELOPMENT/PRODUCTION DELAYS, WORK STOPPAGES, OR PRODUCT LIABILITY. CUSTOMER AGREES TO INDEMNIFY XXXXXXXX XXXX AND WHETHER ITS AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND DAMAGES INCURRED BY XXXXXXXX XXXX, INCLUDING ATTORNEYS’ FEES RELATED THERETO, THAT ARISE OR NOT COMPANY HAS BEEN ADVISED RESULT FROM AUTHORIZED OR UNAUTHORIZED USE, MISUSE OR OPERATION OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID PRODUCT BY CUSTOMER FOR OR BY ANYONE TO WHOM CUSTOMER PROVIDED THE BROADBAND SERVICESPRODUCT. Any claim by Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way with reference to the use Products sold pursuant to the Purchase Order shall be deemed waived by the Customer unless submitted in writing to Xxxxxxxx Xxxx within the earlier of (i) five (5) days following the date Customer discovered, or by reasonable inspection should have discovered, any claimed breach of the Broadband Services by Customer foregoing warranty, or otherwise arising out (ii) thirty (30) days following the date of Customer's shipment. Any cause of action for breach of any term of the Agreementforegoing warranty shall be brought within one (1) year from the date the alleged breach was discovered or should have been discovered, whichever occurs first.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES 5.01 THE DUTIES OF THE ADMINISTRATOR SHALL BE CONFINED TO THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND NO IMPLIED DUTIES ARE PROVIDED ASSUMED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR MAY BE ASSERTED AGAINST THE ADMINISTRATOR. EXCEPT TO THE EXTENT ARISING OUT OF ANY KINDTHE ADMINISTRATOR’S BAD FAITH, EITHER EXPRESS FRAUD, RECKLESSNESS, WILLFUL MISCONDUCT OR IMPLIEDCRIMINAL MISCONDUCT WHEN PROVIDING THE SERVICES, INCLUDING BUT NOT THE ADMINISTRATOR’S AGGREGATE LIABILITY TO THE FUND WILL BE LIMITED TO WARRANTIES MONETARY DAMAGES NOT TO EXCEED THE AMOUNT OF TITLEFEES PAID HEREUNDER DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM TO OCCUR. For the avoidance of doubt, NON INFRINGEMENT OR IMPLIED WARRANTIES the Administrator shall not be responsible for any breach in the performance of its obligations under this Agreement due to (i) the failure or delay of the Trust or its agents to perform its obligations under this Agreement or (ii) the Administrator’s reliance on the Trust Data. Each party shall have the duty to mitigate its damages for which another party may become responsible. As used in this Section 5, the term “Administrator” shall include the officers, directors, employees, affiliates and agents of the Administrator as well as that entity itself. NOTWITHSTANDING ANY OTHER PROVISION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSETHIS AGREEMENT TO THE CONTRARY, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, SHALL THE ADMINISTRATOR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER NON-DIRECT DAMAGES OF ANY KINDKIND WHETHER SUCH LIABILITY IS PREDICATED ON CONTRACT, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENTSTRICT LIABILITY, OR REMOVAL ANY OTHER THEORY AND REGARDLESS OF COMPANY'S EQUIPMENT, WHETHER THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE FUND IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement.

Limitation of Liability and Indemnification. AS AN EXPRESS CONDITION TO USING THE LICENSED SOFTWARE, CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS AGREES THAT, TO THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, LICENSOR OR ITS AFFILIATES OR PARENT CORPORATION, REPRESENTATIVES BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOST OR CORRUPTED DATA, LOSS OF PROFITS, PRIVACY, USE, BUSINESS, OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY OR PROPERTY DAMAGE, FOR FAILURE TO MEET ANY KINDDUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, UNDER FOR NEGLIGENCE, AND FOR ANY LEGAL THEORY, OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE RELATED TO CUSTOMER’S USE OR INABILITY TO USE THE BROADBAND LICENSED SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE LICENSED SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE LICENSED SOFTWARE, OR INABILITY TO USE OTHERWISE UNDER OR IN CONNECTION WITH ANY THIRD PARTY SERVICES INCLUDINGPROVISION OF THIS XXXX, BUT NOT LIMITED TO E911 SERVICE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATION OF LIABILITY, SO THAT LIMITATION MAY NOT FULLY APPLY. NOTWITHSTANDING ANY SUCH DAMAGESDAMAGES THAT CUSTOMER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING ALL DAMAGES REFERENCED IN THIS XXXX AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT, OR ANYTHING ELSE), THE ENTIRE LIABILITY OF LICENSOR AND ITS AFFILIATES AND REPRESENTATIVES UNDER ANY PROVISION OF THIS XXXX AND CUSTOMER’S EXCLUSIVE REMEDY UNDER THIS EULA WILL BE LIMITED TO THE PAYMENT OF THE GREATER OF THE DIRECT DAMAGES INCURRED IN REASONABLE RELIANCE ON THE LICENSED SOFTWARE UP TO THE ACTUAL LICENSE FEE PAID OR U.S. $5.00. IN NO EVENT WILL COMPANY'S THE TOTAL LIABILITY OF LICENSOR AND ITS AFFILIATES AND REPRESENTATIVES FOR ALL DAMAGES EXCEED THE AMOUNT ACTUALLY OF THE LICENSE FEE PAID TO USE THE LICENSED SOFTWARE. AS AN EXPRESS CONDITION TO USING THE LICENSED SOFTWARE, CUSTOMER AGREES TO INDEMNIFY LICENSOR AND ITS AFFILIATES AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND DAMAGES INCURRED BY LICENSOR, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO THE AUTHORIZED OR UNAUTHORIZED USE OR MISUSE OR OPERATION OF THE LICENSED SOFTWARE BY CUSTOMER FOR OR BY ANYONE TO WHOM CUSTOMER PROVIDED THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementLICENSED SOFTWARE.

Limitation of Liability and Indemnification. CUSTOMER AGREES We are not liable for anything that happens to you involving the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY KINDDIRECT, EITHER EXPRESS INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR IMPLIEDEXEMPLARY DAMAGES, INCLUDING INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO WARRANTIES USE THE SERVICE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICE; (II) THE COST OF TITLEPROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, NON INFRINGEMENT DATA, INFORMATION OR IMPLIED WARRANTIES OF MERCHANTABILITY SERVICES OBTAINED OR FITNESS FOR A PARTICULAR PURPOSEMESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT AS A RESULT OF THE BROADBAND SERVICES WILL BE UNINTERRUPTEDSERVICE; (III) UNAUTHORIZED ACCESS TO, CORRUPTION OF, INTERFERENCE WITH, OR WILL SECURE CUSTOMER'S COMPUTER FROM ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY UNAUTHORIZED ACCESS ON THE SERVICE; (V) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR MONITORING(VI) ANY OTHER MATTER RELATING TO THE SERVICE. CUSTOMER AGREES THAT ALL USE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANYFULLEST EXTENT POSSIBLE BY LAW, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, THE RELEASED PARTIES’ COLLECTIVE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATIONSERVICE OR YOUR USE OF ICON CONTENT, REPAIRREGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, REPLACEMENTTORT, BREACH OF WARRANTY, OR REMOVAL OF COMPANY'S EQUIPMENTOTHERWISE), THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT WILL NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGESEXCEED $100. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees You agree to defend, indemnify indemnify, and hold harmless Company, its affiliates and Parent Corporation, the Released Parties from and against any and all claims and expensesclaims, actions, or demands, including without limitation reasonable attorneys' legal and accounting fees, arising out alleging or resulting from (i) your use of or related in reliance on any way to the third-party content, (ii) your use of the Broadband Services by Customer or otherwise arising out of Customer's reliance on any ICON Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any term of the Agreementsuch claim, suit, or proceeding.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES 5.01 THE DUTIES OF THE ADMINISTRATOR SHALL BE CONFINED TO THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND NO IMPLIED DUTIES ARE PROVIDED ASSUMED BY COMPANY ON AN "OR MAY BE ASSERTED AGAINST THE ADMINISTRATOR. EXCEPT TO THE EXTENT ARISING OUT OF THE ADMINISTRATOR’S GROSS NEGLIGENCE (AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDDEFINED HEREIN, EITHER EXPRESS BAD FAITH, FRAUD, WILLFUL MISCONDUCT, OR IMPLIEDCRIMINAL MISCONDUCT WHEN PROVIDING THE SERVICES, INCLUDING BUT NOT THE ADMINISTRATOR’S AGGREGATE LIABILITY TO THE TRUST FOR DIRECT DAMAGES WILL BE LIMITED TO WARRANTIES MONETARY DAMAGES NOT TO EXCEED THE AMOUNT OF TITLEFEES PAID HEREUNDER DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM TO OCCUR OR IF SUCH EVENT OCCURS DURING THE FIRST SIX MONTHS AFTER THE EFFECTIVE DATE, NON INFRINGEMENT OR IMPLIED WARRANTIES THE FEES PAID FOR THE MONTH IMMEDIATELY PRECEDING SUCH EVENT, MULTIPLIED BY SIX. For the avoidance of doubt, the Administrator shall not be responsible for any breach in the performance of its obligations under this Agreement due to (i) the failure or delay of the Trust or its agents to perform its obligations under this Agreement or (ii) the Administrator’s reliance on the Trust Data. Each party shall have the duty to mitigate its damages for which another party may become responsible. As used in this Section 5 unless otherwise indicated, the term “Administrator” shall include the officers, directors, employees, affiliates and agents of the Administrator as well as that entity itself. NOTWITHSTANDING ANY OTHER PROVISION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSETHIS AGREEMENT TO THE CONTRARY, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, SHALL THE ADMINISTRATOR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER NON-DIRECT DAMAGES OF ANY KINDKIND WHETHER SUCH LIABILITY IS PREDICATED ON CONTRACT, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENTSTRICT LIABILITY, OR REMOVAL ANY OTHER THEORY AND REGARDLESS OF COMPANY'S EQUIPMENT, WHETHER THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE FUND IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SEI – 149777v5 THIS DOCUMENT CONSTITUTES CONFIDENTIAL INFORMATION OF SEI INVESTMENTS GLOBAL FUNDS SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDTo the extent permitted by law, EITHER EXPRESS OR IMPLIEDyou agree to indemnify us and our affiliates, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLEofficers, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEagents, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTEDand employees, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold us and our affiliates, officers, agents, and employees harmless Company, its affiliates and Parent Corporation, from and against any and all claims claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, ’ fees and expenses arising out of or related in any way to the from use of Online Banking, Mobile Banking, or Bill Pay or the Broadband Services by Customer or otherwise arising out of Customer's breach of any term this Agreement. You understand and agree that this paragraph shall survive the termination of the this Agreement. YOU AGREE THAT WE WILL NOT BE LIABLE 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 LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ONLINE BANKING, MOBILE BANKING OR BILL PAY REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW. YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE FOR ANY FAILURE TO COMPLY WITH THIS AGREEMENT DUE TO LEGAL RESTRAINT, INTERRUPTION OR FAILURE OF TRANSMISSION, WAR (DECLARED OR NOT), EMERGENCIES, LABOR DISPUTES, FIRE, NATURAL DISASTERS OR ANY OTHER CIRCUMSTANCES BEYOND OUR CONTROL. ANY CLAIM RELATED TO ONLINE BANKING, MOBILE BANKING, BILL PAY OR THIS AGREEMENT MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH A CLAIM. October 27, 2023 Page 14 of 16

Limitation of Liability and Indemnification. CUSTOMER AGREES EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY ONLY WITH RESPECT TO ANY SAA, AA OR SU IN THE STATE OF COLORADO, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY KINDINDIRECT, EITHER EXPRESS INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR IMPLIEDEXEMPLARY DAMAGES, INCLUDING INCLUDING, BUT NOT LIMITED TO WARRANTIES TO, COSTS OF TITLEPROCURING SUBSTITUTE PRODUCTS, NON INFRINGEMENT DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE BROADBAND POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE ANY OF THE SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS OR THE BROADBAND WEBSITE; (ii) YOUR RELIANCE ON CONTENT MADE AVAILABLE THROUGH THE SERVICES KNOWING THAT SUCH OR THE WEBSITE; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICES ARE SUBJECT OR THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURESYOU. IN NO EVENT WILL COMPANYTO THE FULLEST EXTENT PERMISSABLE BY LAW, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATIONSERVICES OR YOUR USE OF OUR CONTENT OR THE WEBSITE, REPAIRREGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, REPLACEMENTTORT, BREACH OF WARRANTY, OR REMOVAL OF COMPANY'S EQUIPMENTOTHERWISE), THE USE OR INABILITY TO USE THE BROADBAND SERVICESWILL NOT EXCEED $100. Except for any user who is an Organization affiliated with, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDINGor who is employed by, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICEthe State of Colorado or a municipality therein, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees you agree to defend, indemnify indemnify, and hold harmless Company, its affiliates and Parent Corporation, the Released Parties from and against any claims, actions, or demands, including, without limitation, reasonable legal and all claims accounting fees and expenses, including reasonable attorneys' fees, arising out alleging or resulting from (i) your use of or related in reliance on any way Services, the Websites or any Content or (ii) your violation of this EUA. We will provide notice to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach you promptly of any term such claim, suit, or proceeding of the Agreementwhich we become aware.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY VENDORS OR SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE PROVIDED BY COMPANY ON AN "AS IS" PROHIBITED IN THE JURISDICTION WHERE YOU ARE LOCATED SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. THE ENTIRE LIABILITY OF ALTIUM AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES ITS CONTRIBUTING COMPONENT MANUFACTURERS IN RESPECT TO ANY BREACH OF ALTIUM’S CONTRACTUAL OBLIGATIONS ARISING UNDER THIS XXXX AND ANY KINDREPRESENTATION, EITHER EXPRESS STATEMENT OR IMPLIEDTORTIOUS ACT OR OMISSION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT NEGLIGENCE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, INTENTIONAL CONDUCT ARISING UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL THIS XXXX (TOGETHER AN “EVENT OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT DEFAULT”) SHALL BE LIMITED TO E911 SERVICE AND HOME SECURITY DAMAGES IN AN AMOUNT EQUAL TO ALL FEES PAID BY YOU TO ALTIUM IN THE PRECEDING TWELVE (12) MONTHS FOR THE APPLICABLE LICENSED MATERIALS. NOTWITHSTANDING THE FOREGOING, ALTIUM WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY EVENT OF DEFAULT FOR LOSS OF DATA, PROFITS, GOODWILL OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECTTYPE OF SPECIAL, INDIRECT, INCIDENTAL SPECIAL EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OR PUNITIVE DAMAGES, WHETHER DAMAGE SUFFERED BY YOU AS A RESULT OF ANY ACTION BROUGHT BY A THIRD PARTY) EVEN IF SUCH DAMAGE WAS REASONABLY FORESEEABLE OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS ALTIUM HAD BEEN ADVISED OF THE POSSIBILITY OF YOUR INCURRING THE SAME, AND REGARDLESS OF WHETHER SUCH EVENT OF DEFAULT IS STYLED AS BEING BASED UPON CONTRACT, TORT, STATUTORY OR OTHER LAW. THIS LIMITATION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES HEREIN, TO THE EXTENT PERMITTED BY LAW. NOTHING IN THIS SECTION WILL CONFER ANY RIGHT OR REMEDY UPON YOU TO WHICH YOU WOULD NOT OTHERWISE BE LEGALLY ENTITLED. YOU ACKNOWLEDGE THAT EXCEPT AS SET FORTH HEREIN, NO PROMISE, REPRESENTATION, WARRANTY OR UNDERTAKING HAS BEEN MADE BY ALTIUM TO YOU OR TO ANY PERSON ON YOUR BEHALF AS TO THE PROFITABILITY OR ANY OTHER CONSEQUENCES OR BENEFITS TO BE OBTAINED FROM USE OF THE LICENSED MATERIALS. YOU HAVE RELIED SOLELY UPON YOUR OWN SKILL AND JUDGMENT IN ACQUIRING THE LICENSED MATERIALS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ALTIUM AND ITS CONTRIBUTING COMPONENT MANUFACTURERS HARMLESS IN THE EVENT YOUR USE OR APPLICATION OF ANY OF THE PRODUCTS LICENSED BY YOU RESULTS IN A LEGAL CLAIM BY ANY THIRD PARTY. IN THE EVENT OF ANY SUCH DAMAGESTHIRD PARTY CLAIM ALTIUM SHALL PROMPTLY NOTIFY YOU AND REASONABLY COOPERATE WITH YOU IN THE DEFENSE THEREOF AT YOUR EXPENSE. ALTIUM MAY ELECT, BUT IS NOT OBLIGATED, TO HIRE ITS OWN LEGAL COUNSEL IN NO THE EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICESOF SUCH THIRD-PARTY CLAIM. Customer agrees Nothing in this XXXX is meant to defendexclude, indemnify and hold harmless Companyrestrict or modify any liability of Altium under any law under any jurisdiction in which the Licensed Materials are licensed, its affiliates and Parent Corporationwhich law prohibits, from and against restricts or modifies any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use portion of the Broadband Services by Customer limitation of liability set forth herein, such as the Competition and Consumer Act 2010, or otherwise arising out of Customer's breach of any term of the Agreementsimilar law.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANYWELLIGENT, OR ITS AFFILIATES AFFILIATES, OR PARENT CORPORATIONANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE TELEHEALTH SERVICE; LOST REVENUES OR PROFITS; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY KINDCONSEQUENTIAL, UNDER ANY LEGAL THEORYINCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATIONTHIS XXXX, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE YOUR USE OR INABILITY TO USE THE BROADBAND SERVICESTELEHEALTH SERVICE, YOUR RELIANCE ON CONTENT MADE AVAILABLE ON OR THROUGH THE TELEHEALTH SERVICE, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDINGOTHERWISE, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY HAS BEEN WELLIGENT WAS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THIS PARAGRAPH MAY NOT APPLY TO YOU. THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICESLIMITATIONS SET FORTH IN THIS XXXX SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS XXXX FAIL OR THEIR ESSENTIAL PURPOSE. Customer agrees Any cause of action or claim you may have arising out of or relating to this XXXX or the Telehealth Service must be commenced within one (1) year after the cause of action accrues or otherwise such cause of action or claim is permanently barred. You agree to defend, indemnify indemnify, and hold harmless Company, the Welligent and its affiliates and Parent Corporationits and their respective officers, directors, employees, representatives and agents from and against any and all claims claims, actions, demands, suits, damages, fines, penalties, costs and expenses, including without limitation reasonable attorneys' legal fees, arising out accounting fees and expert fees, alleging or resulting from (i) your use of, or reliance on, the Telehealth Service or Documentation, (ii) your use of, or reliance on, any Welligent Content, or (iii) your breach of this XXXX. We are not responsible for any disputes or related disagreements between you and any user you interact with when using the Telehealth Service. You assume all risk associated in interacting with such third parties, and you release Welligent of all claims, demands, and damages in connection with such disputes. You also agree not to involve us in such disputes in any way to way. Use caution and common sense when using the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementTelehealth Service.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT TO THE EXTENT PERMITTED BY LAW, THIS SITE, SURVEYS AND ALL BROADBAND SERVICES OF THE INFORMATION THEY CONTAIN ARE PROVIDED BY COMPANY ON AN "" AS ISIS " AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLETO, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURESNON-INFRINGEMENT. IN NO EVENT EVENT, IN REGARD TO THIS SITE, SURVEYS OR ANY OTHER HYPERLINKED SITE, WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BOMBARDIER BE LIABLE TO ANY PARTY FOR ANY DAMAGES OR INJURY CAUSED BY (INCLUDING BUT NOT LIMITED TO) YOUR RELIANCE ON INFORMATION CONTAINED IN THIS SITE, SURVEYS, YOUR ACCESS TO, OR USE OF, THIS SITE OR SURVEYS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY KINDLOSS OF PROFITS, UNDER INCOME, GOODWILL, CONTRACTS, BUSINESS INTERRUPTION, LOSS OR DAMAGE OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, ANY LEGAL THEORYDETERIORATION OR INFECTION BY VIRUSES OR BY MALICIOUS CODES OR OTHERWISE, OR ANY OTHER LOSS, FINANCIAL OR NOT, OR DAMAGE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENTWITH, THE USE OF, ACCESS TO COMPUTER INSTRUSION, SECURITY FAILURE, OR THE INABILITY TO USE THE BROADBAND SERVICESTHIS SITE, SURVEYS OR THE USE INFORMATION CONTAINED THEREIN, EVEN IF BOMBARDIER (OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY POSTING INFORMATION) HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees By using the Site and by taking part in surveys at your own risk, you agree to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against BOMBARDIER for any and all claims claims, damages, losses, liabilities and causes of action (including legal expenses, including reasonable attorneys' fees, ) arising out of or related relating to your breach or alleged breach of this Agreement (including without limitation, claims made by third parties for violation of their rights), or for any information or data that is provided by you, or through a misuse of your User Name and Password. BOMBARDIER will inform you promptly, by registered letter or e-mail, of such claim, damage, or cause of action and you agree to cooperate as fully as reasonably required in the defense of any claim. BOMBARDIER reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. None of the subsidiaries of BOMBARDIER shall be liable or in any way to responsible for the use content of the Broadband Services by Customer or otherwise arising out this Site and of Customer's breach of any term of the Agreementsurveys.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES 5.01 THE DUTIES OF THE ADMINISTRATOR SHALL BE CONFINED TO THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND NO IMPLIED DUTIES ARE PROVIDED ASSUMED BY COMPANY ON AN "OR MAY BE ASSERTED AGAINST THE ADMINISTRATOR. EXCEPT TO THE EXTENT ARISING OUT OF THE ADMINISTRATOR’S BAD FAITH, FRAUD, GROSS NEGLIGENCE (AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDDEFINED HEREIN), EITHER EXPRESS WILLFUL MISCONDUCT OR IMPLIEDCRIMINAL MISCONDUCT WHEN PROVIDING THE SERVICES, INCLUDING BUT NOT THE ADMINISTRATOR’S AGGREGATE LIABILITY TO THE FUND WILL BE LIMITED TO WARRANTIES MONETARY DAMAGES MUTUALLY AGREED UPON FROM TIME TO TIME IN A SEPARATE WRITING EXECUTED BY THE PARTIES (THE “AGREEMENT TERMS SEI – 266168 THIS DOCUMENT CONSTITUTES CONFIDENTIAL INFORMATION OF TITLESEI INVESTMENTS GLOBAL FUNDS SERVICES LETTER”). For the avoidance of doubt, NON INFRINGEMENT OR IMPLIED WARRANTIES the Administrator shall not be responsible for any breach in the performance of its obligations under this Agreement due to (i) the failure or delay of the Trust or its agents to perform its obligations under this Agreement or (ii) the Administrator’s reliance on the Trust Data. Each party shall have the duty to mitigate its damages for which another party may become responsible. As used in this Section 5, the term “Administrator” shall include the officers, directors, employees, affiliates and agents of the Administrator as well as that entity itself. NOTWITHSTANDING ANY OTHER PROVISION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSETHIS AGREEMENT TO THE CONTRARY, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES SHALL THE ADMINISTRATOR OR PARENT CORPORATION, THE TRUST BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER NON-DIRECT DAMAGES OF ANY KINDKIND WHETHER SUCH LIABILITY IS PREDICATED ON CONTRACT, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENTSTRICT LIABILITY, OR REMOVAL ANY OTHER THEORY AND REGARDLESS OF COMPANY'S EQUIPMENT, WHETHER THE USE OR INABILITY TO USE THE BROADBAND SERVICES, FUND OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE ADMINISTRATOR IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED EXCEPT AS PROHIBITED BY LAW, I WILL HOLD COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY KINDINDIRECT, EITHER EXPRESS OR IMPLIEDPUNITIVE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLESPECIAL, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEINCIDENTAL, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTEDCONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS AT TRIAL OR MONITORING. CUSTOMER AGREES THAT ALL USE ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANYCONTRACT, ITS AFFILIATES NEGLIGENCE, OR PARENT CORPORATIONOTHER TORTIOUS ACTION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATIONTHIS AGREEMENT, REPAIRINCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, REPLACEMENTARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR REMOVAL OF COMPANY'S EQUIPMENTLOCAL LAWS, THE USE OR INABILITY TO USE THE BROADBAND SERVICESSTATUTES, RULES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDINGREGULATIONS, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED SOME STATES DO NOT ALLOW THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BROADBAND SERVICESPRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementTHIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

Limitation of Liability and Indemnification. CUSTOMER AGREES TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND UNDERSTAND THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" FORTIS' LIABILITY AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT CUSTOMER’S EXCLUSIVE REMEDY IS LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS THE INSTALLATION CHARGES FOR A PARTICULAR PURPOSE, OR THAT SUCH THE SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURESDEVICES PROVIDED HEREUNDER. IN NO EVENT WILL COMPANYSHALL FORTIS, ITS AFFILIATES SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR PARENT CORPORATION, UNDERLYING SERVICE PROVIDERS BE LIABLE FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF FORTIS' SERVICES INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND, UNDER ANY LEGAL THEORYKIND OR NATURE WHATSOEVER, ARISING OUT IN ANY MANNER FROM ANY CAUSE OF ACTION OR IN CONNECTION WITH CLAIM RELATING TO THIS AGREEMENT OR TO THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES PROVIDED BY FORTIS (INCLUDING, BUT NOT LIMITED TO, E911-TYPE DIALING AND/OR INABILITY OF YOU OR ANY USER OF YOUR WIRELESS BROADBAND SERVICE TO E911 BE ABLE TO DIAL E911, TO ACCESS EMERGENCY SERVICE AND HOME SECURITY PERSONNEL, TO ACCESS THE CORRECT PUBLIC SERVICE ANSWERING POINT ASSOCIATED WITH YOUR TELEPHONE NUMBER, OR MEDICAL MONITORING SERVICETO CORRECTLY ROUTE AN EMERGENCY CALL IF YOU MOVE YOUR ATA OUTSIDE OF YOUR SERVICE ADDRESS) UNLESS IT IS PROVEN THAT THE ACT OR OMISSION PROXIMATELY CAUSING THE CLAIM, INCLUDING ANY DIRECTDAMAGE, INDIRECTOR LOSS CONSTITUTES GROSS NEGLIGENCE, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE INTENTIONAL MISCONDUCT ON THE PART OF COMPANY FORTIS OR ITS UNDERLYING SERVICE PROVIDERS. YOU AGREE TO DEFEND, INDEMNIFY, AND WHETHER HOLD HARMLESS FORTIS, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ANY OTHER UNDERLYING SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR NOT COMPANY HAS BEEN ADVISED THE WIRELESS BROADBAND SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF YOUR WIRELESS BROADBAND SERVICE EXCEPT IF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED HARM IS CAUSED BY OR RELATED TO THE AMOUNT ACTUALLY PAID GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementFORTIS OR ITS UNDERLYING SERVICE PROVIDER.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED YOU AGREE TO INDEMNIFY AND HOLD AINVEST AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS (INCLUDING THE THIRD PARTY SERVICE PROVIDERS) HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS OR EXPENSE, INCLUDING ATTORNEYS' FEES, MADE BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES ANY PERSON ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGULATIONS, OR ANY KIND, EITHER EXPRESS OR IMPLIEDOTHER PERSON'S RIGHTS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KINDCOPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT. UNDER NO CIRCUMSTANCES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, INCLUDING BUT NOT LIMITED TO E911 A NEGLIGENT ACT, WILL AINVEST OR ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS (INCLUDING THIRD PARTY SERVICE AND HOME SECURITY PROVIDERS) BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR MEDICAL MONITORING THE INABILITY TO USE, ANY AINVEST SERVICE, INCLUDING EVEN IF ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL COMPANY'S AINVEST OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY EXCEED ARISING IN CONNECTION WITH THE AMOUNT ACTUALLY PAID USE OF A AINVEST SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY CUSTOMER AINVEST. AINVEST AND ITS THIRD PARTY SERVICE PROVIDERS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF AINVEST OR ITS THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE BROADBAND POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE AINVEST SERVICES; (ii) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (iii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE AINVEST SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE AINVEST SERVICES; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE AINVEST SERVICES. Customer agrees YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD AINVEST RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THIRD PARTY SERVICE PROVIDERS) IN CONNECTION WITH THE AINVEST SERVICES. Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to defendconsequential or incidental damages may not apply to you, indemnify and the respective liability of AINVEST and its Third Party Service Providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states. In the event that a court or arbitration panel, as the case may be, should hold harmless Companythat the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail, then you expressly agree that under no circumstances will the total, aggregate liability of AINVEST and its Third Party Service Providers, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever, exceed $500 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise. RESTRICTIONS ON USE Except as otherwise permitted by AINVEST, no materials from the AINVEST Services or any site owned, operated, licensed or controlled by AINVEST may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the AINVEST Services for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the AINVEST Services for public or commercial purposes, including any audio, video, text, or images, without AINVEST's written permission. COPYRIGHT AND TRADEMARKS AINVEST’ services are owned by AINVEST or its affiliates or agents (including the Third Party Service Providers) and Parent Corporationare protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to AINVEST or its affiliates, licensors or agents (including the Third Party Service Providers). Other third-party products and brand names may be trademarks or registered trademarks of their respective owners, and may not be affiliated with AINVEST. Nothing contained in the AINVEST Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the AINVEST Services without the written permission of AINVEST or such third party that may own the trademarks displayed on the AINVEST Services. Your use of the trademarks displayed on the AINVEST Services, or any other content in the AINVEST Services, except as provided herein, is strictly prohibited. Images displayed through the AINVEST’ services are either the property of, or used with permission by, AINVEST. You are prohibited from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of using or related in any way to authorizing the use of these images unless specifically permitted under the Broadband Services by Customer or otherwise arising out of Customer's breach of any term Agreement. Any unauthorized use of the Agreementimages may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, AINVEST has designated an agent to receive notifications of claimed infringement, as described within our Copyright Policy.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED TO THE MAXIMUM EXTENT PERMITTED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF LAW, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY KINDINDIRECT, EITHER EXPRESS INCIDENTAL, SPECIAL, NOMINAL, PUNITIVE, EXEMPLARY, OR IMPLIEDCONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLELOST PROFITS OR DAMAGES FOR DELAY, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS SELLER, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, TRUSTS, TRUSTEES, AND AGENTS (COLLECTIVELY, “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, INVESTIGATIONS, AND EXPENSES (INDIVIDUALLY, A “CLAIM”) RELATING TO (A) THE USE, HANDLING, OR STORAGE OF THE PRODUCTS OR THEIR CONTAINERS, WHEN NOT DONE IN ACCORDANCE WITH INSTRUCTIONS OR BEST PRACTICES, , (B)_THE SALE OR RESALE OF THE PRODUCTS OR THEIR CONTAINERS, (C) BUYER’S OBLIGATIONS, LIABILITIES, RISKS, AND RESPONSIBILITIES UNDER THESE T&Cs, AND (D) BUYER’S NEGLIGENCE, BREACH OF THESE T&Cs OR OTHER AGREEMENT BETWEEN THE PARTIES, OR ANY OTHER WRONGFUL OR UNLAWFUL CONDUCT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHEN SELLER IS BLENDING PRODUCTS FOR BUYER, BUYER SHALL ALSO DEFEND, INDEMNIFY, AND HOLD HARMLESS INDEMNIFIED PARTIES FROM ANY CLAIMS STEMMING FROM OR RELATED TO THE PRODUCTS, RAW MATERIALS, WARNINGS, INSTRUCTIONS, AND SUPPLIERS, INCLUDING BUT NOT LIMITED TO, PRODUCT LIABILITY AND STRICT LIABILITY CLAIMS . TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY'S LIABILITY SHALL INDEMNIFIED PARTIES’ LIABILITY—WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, COMMON LAW, INDEMNITY, OR OTHERWISE—EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER PURCHASE PRICE FOR THE BROADBAND SERVICESPRODUCTS AT ISSUE OR, IF NOT APPLICABLE, THE PURCHASE PRICE FOR THE PRODUCTS PURCHASED BY BUYER FROM SELLER DURING THE THREE (3) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM. Customer agrees to defendSELLER SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCT NOT USED IN ACCORDANCE WITH ITS INTENDED PURPOSE, indemnify and hold harmless CompanyTHE MANUFACTURER’S INSTRUCTIONS, its affiliates and Parent CorporationOR APPLICABLE LAW, from and against any and all claims and expensesINCLUDING THE REQUIREMENTS OF THE UNITED STATES FOOD, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementDRUGS AND COSMETIC ACT AND THE FOOD AND DRUGS ACT (CANADA).

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT (a) YOU EXPRESSLY ASSUME ANY AND ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY RISK FOR USE OF THE PLATFORM, THE ORGANIZATION ACCOUNT, AND THE REPORTS AND FOR ANY AND ALL ACTIONS YOU TAKE OR DO NOT TAKE OR RECOMMEND OR DO NOT RECOMMEND BASED ON AN "OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, THE ORGANIZATION ACCOUNT, OR THE REPORTS. THE ENTIRE RISK AS IS" TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES EFFORT OF THE PLATFORM, THE ORGANIZATION ACCOUNT AND THE REPORTS IS WITH YOU. RADIALOGICA HEREBY SPECIFICALLY DISCLAIMS ANY KINDWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLEMERCHANTABILITY, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF RADIALOGICA HAS BEEN INFORMED OF SUCH PURPOSE), VALIDITY, ENFORCEABILITY, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES THAT MAY ARISE DUE TO COURSE OF PERFORMANCE, COURSE OF DEALING OR THAT SUCH SERVICES WILL BE ERROR FREEUSAGE OF TRADE. COMPANY THE PLATFORM AND THE ORGANIZATION ACCOUNT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND RADIALOGICA MAKES NO REPRESENTATION OR WARRANTY THAT THE BROADBAND SERVICES PLATFORM, THE ORGANIZATION ACCOUNT, OR THE REPORTS WILL ACHIEVE A PARTICULAR RESULT, MEET YOUR REQUIREMENTS, OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, OR BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENTSECURE, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementERROR FREE.

Limitation of Liability and Indemnification. CUSTOMER AGREES We are not liable for anything that happens to you that somehow may be connected to your use of the Services. If you use the Services in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs. TO THE EXTENT NOT PROHIBITED BY LAW, YOU UNDERSTAND AND AGREE THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY KINDDIRECT, EITHER EXPRESS INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR IMPLIEDEXEMPLARY DAMAGES, INCLUDING INCLUDING, BUT NOT LIMITED TO WARRANTIES TO, DAMAGES FOR LOSS OF TITLEPROFITS, NON INFRINGEMENT GOODWILL, USE, DATA OR IMPLIED WARRANTIES OTHER INTANGIBLE LOSSES (EVEN IF VideoValidate HAS BEEN ADVISED OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSETHE POSSIBILITY OF SUCH DAMAGES), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR THAT SUCH OTHERWISE) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES WILL BE UNINTERRUPTEDOBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR WILL SECURE CUSTOMER'S COMPUTER FROM AS A RESULT OF THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY UNAUTHORIZED ACCESS ON THE SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; (vi) THE FAILURE OF WIRELESS SERVICE PROVIDERS IN PERFORMING SERVICES FOR VideoValidate; (vii) THE MISUSE OF ANY PART PURCHASED THROUGH THE SERVICES; OR MONITORING(viii) ANY OTHER MATTER RELATING TO THE SERVICES. CUSTOMER AGREES THAT ALL USE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR PERSONAL INJURY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANYFULLEST EXTENT POSSIBLE BY LAW, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATIONSERVICES OR YOUR USE OF VideoValidate CONTENT, REPAIRREGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, REPLACEMENTTORT, BREACH OF WARRANTY, OR REMOVAL OTHERWISE), WILL NOT EXCEED $50. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGESITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees You agree to defend, indemnify indemnify, and hold harmless Company, its affiliates and Parent Corporation, the Released Parties from and against any and all claims and expensesclaims, actions, or demands, including without limitation reasonable attorneys' legal and accounting fees, arising out alleging or resulting from (i) your use of or related in reliance on any way to the third-party content, (ii) your use of the Broadband Services by Customer or otherwise arising out of Customer's reliance on any VideoValidate Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any term such claim, suit, or proceeding. VideoValidate reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the Agreementprior written consent from VideoValidate. VideoValidate will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT 5.01 THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE DUTIES OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK ADMINISTRATOR SHALL BE CONFINED TO THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS NO IMPLIED DUTIES ARE ASSUMED BY OR MAY BE ASSERTED AGAINST THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT ADMINISTRATOR. EXCEPT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, THE EXTENT ARISING OUT OF THE ADMINISTRATOR'S FRAUD, GROSS NEGLIGENCE OR IN CONNECTION WITH CRIMINAL MISCONDUCT WHEN PROVIDING THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENTSERVICES, THE USE OR INABILITY ADMINISTRATOR'S AGGREGATE LIABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT COMPANY WILL BE LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR MONETARY DAMAGES NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY TO EXCEED THE AMOUNT ACTUALLY OF FEES PAID HEREUNDER DURING THE THIRTY-SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM TO OCCUR (THE "LIABILITY THIS DOCUMENT CONSTITUTES CONFIDENTIAL INFORMATION OF SEI INVESTMENTS GLOBAL FUNDS SERVICES [GRAPHIC OMITTED] CAP"). FOR PURPOSES OF THE FOREGOING, THE LIABILITY CAP SHALL BE CALCULATED BY CUSTOMER MULTIPLYING THE AVERAGE MONTHLY FEE PAYABLE TO THE ADMINISTRATOR FOR THE BROADBAND SERVICESTHREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM TO OCCUR BY THIRTY-SIX, OR IF THE EVENT GIVING RISE TO THE FIRST CLAIM OCCURS DURING THE FIRST THREE MONTHS FROM THE LIVE DATE, MULTIPLYING THE FEE PAYABLE TO THE ADMINISTRATOR FOR THE MONTH IN WHICH THE CLAIM OCCURS BY THIRTY-SIX For the avoidance of doubt, the Administrator shall not be responsible for any breach in the performance of its obligations under this Agreement due to (i) the failure or delay of the Company or either of its respective agents to perform its obligations under this Agreement or (ii) the Administrator's reliance on Company Data. Customer agrees Each party shall have the duty to defendmitigate its damages for which another party may become responsible. As used in this SECTION 5, indemnify and hold harmless Companythe term "ADMINISTRATOR" shall include the officers, its directors, employees, affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use agents of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementAdministrator as well as that entity itself.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF NOTWITHSTANDING ANY KINDOTHER PROVISION CONTAINED HEREIN, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANYWHATSOEVER SHALL THE COMPANY OR ANY OF ITS SHAREHOLDERS, ITS AFFILIATES DIRECTORS, EMPLOYEES OR PARENT CORPORATIONAFFILIATES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF TO THE PURCHASER OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDINGIN ANY WAY, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL SPECIAL OR CONSEQUENTIAL OR PUNITIVE LOSSES, DAMAGES, WHETHER EXPENSES AND COSTS ARISING OUT OF, OR NOT THERE IS NEGLIGENCE ON IN CONNECTION WITH, THIS AGREEMENT, ITS EXECUTION OR IMPLEMENTATION. WITHOUT DEROGATING FROM THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. FOREGOING, IN NO EVENT WILL SHALL THE COMPANY'S LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID COMMITMENT DESCRIBED IN THE ABOVE SECTION 5.2. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, THE PURCHASER HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THERE IS A REALISTIC POSSIBILITY THAT THE NAZARETHCROSS PROJECT, OR ANY PART THEREOF, WILL NOT BE BUILT. IN SUCH CIRCUMSTANCES, THE COMPANY'S SOLE LIABILITY SHALL BE ITS COMMITMENT DESCRIBED IN THE ABOVE SECTION 5.2, AND THE PURCHASER WAIVES IN ADVANCE ANY AND ALL CLAIMS IN CONNECTION WITH OR ARISING FROM THE NON-COMPLETION OF THE NAZARETHCROSS PROJECT, OR ANY PART THEREOF. THE PURCHASER AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AFFILIATES (COLLECTIVELY, THE "INDEMNIFIED ENTITIES") HARMLESS FROM ALL SUMS, COSTS AND EXPENSES WHICH THE INDEMNIFIED PERSONS MAY INCUR OR BE OBLIGATED TO PAY AS A RESULT OF ANY AND ALL LOSS, EXPENSE, DAMAGE, LIABILITY, CLAIMS, DEMANDS, EITHER AT LAW OR IN EQUITY, OF EVERY NATURE WHATSOEVER IN FAVOR OF ANY PERSON, RESULTING FROM ANY FALSE REPRESENTATIONS GIVEN BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementPURCHASER HEREUNDER OR RESULTING FROM ANY OTHER BREACH BY THE PURCHASER OF THIS AGREEMENT.

Limitation of Liability and Indemnification. CUSTOMER AGREES We are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL BROADBAND THE RELEASED PARTIES 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 TANGIBLE OR INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RELATING TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARE PROVIDED BY COMPANY ON AN "RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY KINDUSER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. VIA AND/OR ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, EITHER EXPRESS DAMAGE, OR IMPLIEDINJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLELOSS, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEDAMAGE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTEDINJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED ANY LOSS, DAMAGE, OR INJURY RESULTING FROM ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER. VIA MAY INTRODUCE YOU TO THIRD-PARTY TRANSPORTATION PROVIDERS TO PROVIDE YOU TRANSPORTATION, BUT VIA DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD- PARTY TRANSPORTATION PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD- PARTY TRANSPORTATION PROVIDER. YOU ACKNOWLEDGE THAT VIA DOES NOT MONITOR ANY THIRD- PARTY TRANSPORTATION PROVIDER’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND VIA WILL SECURE CUSTOMER'S COMPUTER NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY TRANSPORTATION PROVIDER’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. VIA WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING XXX’S SERVICES RESTS SOLELY WITH YOU. VIA WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTY UNAUTHORIZED ACCESS PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR MONITORING. CUSTOMER AGREES THAT ALL DAMAGES ARISING FROM YOUR USE OF THE BROADBAND SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE. THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO CONTENT THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE, OR OTHERWISE OBJECTIONABLE AND THAT YOU USE THE SERVICE AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURESYOU. IN NO EVENT WILL COMPANYTO THE FULLEST EXTENT POSSIBLE BY LAW, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATIONSERVICE OR YOUR USE OF COMPANY CONTENT, REPAIRREGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, REPLACEMENTTORT, BREACH OF WARRANTY, OR REMOVAL OF COMPANY'S EQUIPMENTOTHERWISE), THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT WILL NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGESEXCEED $100. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees You agree to defend, indemnify indemnify, and hold harmless Company, its affiliates and Parent Corporation, the Released Parties from and against any and all claims and expensesclaims, actions, or demands, including without limitation reasonable attorneys' legal and accounting fees, arising out alleging or resulting from (i) your use of or related in reliance on any way to the Third-Party Content, (ii) your use of or reliance on any Via Content, (iii) your violation of any rights of any third party, including transportation service providers booked through the Broadband Services by Customer Service; or otherwise arising out of Customer's (iv) your breach of these Terms. We shall provide notice to you promptly of any term of the Agreementsuch claim, suit, or proceeding.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT THIS SAMPLE AGREEMENT IS PROVIDED TO ASSIST YOUR ATTORNEY WITH DRAFTING AN AGREEMENT FOR SELLING AN EXPERIMENTAL AMATEUR BUILT AIRCRAFT. THE EXPERIMENTAL AIRCRAFT ASSOCIATION (EAA) AND ITS EMPLOYEES, AGENTS, OR ANY OF ITS AFFILIATED OR RELATED ORGANIZATIONS DISCLAIMS ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY ANY KIND OR NATURE WHATSOEVER OF ITS MERCHANTANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, . THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WHATSOEVER THAT SUCH SERVICES THE VERBIAGE OR INTENDED OR EXPECTED USE OF ANY PART OF THE SAMPLE AGREEMENT WILL BE ERROR FREEEFFECTIVE IN PROTECTING YOU FROM LEGAL LIABILITY. COMPANY MAKES NO WARRANTY THAT NEITHER THE BROADBAND SERVICES WILL BE UNINTERRUPTED, EAA NOR ANY OF ITS AFFILIATED OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, RELATED ORGANIZATIONS SHALL BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER DAMAGES AS A RESULT OF THE USE OF THE COPY OR NOT THERE IS NEGLIGENCE ON THE ANY PART OF COMPANY THE COPY PROVIDED THROUGH THIS MEDIUM OR ANY OTHER MEDIUM OR SERVICE. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, DEATH, INJURY OR FAILED EXPECTATION. YOU SPECIFICALLY AGREE, ON YOUR BEHALF AND WHETHER ON BEHALF OF YOUR HEIRS, EXECUTORS AND ASSIGNS, NOT TO BRING ANY LEGAL ACTION IN ANY FEDERAL OR NOT COMPANY HAS BEEN ADVISED STATE COURT OR OTHER COURT OF LAW OR EQUITY AGAINST THE POSSIBILITY EAA OR ANY OF ITS AFFILIATED OR RELATED ORGANIZATIONS UNDER ANY SUCH DAMAGESTHEORY OF LIABILITY AND FURTHER AGREE TO INDEMNIFY AND HOLD EAA AND ITS AFFILIATED OR RELATED ORGANIZATIONS HARMLESS FROM YOUR BREACH OF THESE TERMS. IN NO EVENT WILL COMPANY'S EXPERIMENTAL AMATEUR-BUILT AIRCRAFT PURCHASE AND SALE AGREEMENT WITH WAIVER AND RELEASE OF LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defendTHIS EXPERIMENTAL AMATEUR-BUILT AIRCRAFT SALE AGREEMENT (AGREEMENT) is made this ___ day of ________, indemnify 20__, between ______________________, (Seller), and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement_______________ (Purchaser).

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE EXCEPT AS PROVIDED BY COMPANY ON AN "AS IS" IN SECTIONS 16 AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDSECTION 13(e), EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANYSHALL KRONOS OR ADP OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO THE OTHER PARTY OR ITS SUBSIDIARIES, AFFILIATES OR PARENT CORPORATIONANY OF THEIR RESPECTIVE OFFICERS, BE LIABLE DIRECTORS, EMPLOYEES OR AGENTS FOR LOST DATA, LOST PROFITS OR LOST REVENUES OR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY KINDKIND WHATSOEVER ARISING FROM KRONOS' TECHNOLOGY, UNDER ANY LEGAL THEORY, ARISING OUT LICENSE OR SALE OF PRODUCTS OR SERVICES OR OTHERWISE IN CONNECTION WITH THE INSTALLATIONANY PREVIOUS AGREEMENT, REPAIR, REPLACEMENT, WITH THIS AGREEMENT OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE WITH ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGESACTIVITIES THEREUNDER OR HEREUNDER. EXCEPT FOR KRONOS' INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 16(a) AND 16(b), IN NO EVENT WHATSOEVER SHALL KRONOS' LIABILITY UNDER THIS AGREEMENT OR FROM ANY AND ALL CAUSES OR OTHERWISE EXCEED IN GENERAL MONEY DAMAGES A TOTAL CUMULATIVE MAXIMUM AMOUNT OF [**] OF THE AMOUNTS ACTUALLY PAID TO KRONOS UNDER THIS AGREEMENT. THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL COMPANYNOT ENLARGE OR EXTEND THESE LIMITS. THE LIMITATIONS IN THIS SECTION SHALL BE THE FULL EXTENT OF KRONOS' AND ADP'S LIABILITY EXCEED UNDER THIS AGREEMENT WHETHER THE AMOUNT ACTUALLY PAID ACTION OR ACTIONS AGAINST KRONOS OR ADP, AS APPLICABLE, ARE BROUGHT BY CUSTOMER FOR THE BROADBAND SERVICESREASON OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY UNDER OR ANY OTHER BREACH THIS AGREEMENT OR BY REASON OF NEGLIGENCE, STRICT LIABILITY OR ANY OTHER TORT OR CAUSE OF ACTION. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement<PAGE> 22.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDYou acknowledge and agree that NITCO will not be liable for any service outage, EITHER EXPRESS OR IMPLIEDinability to dial 911 using the service, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREEand/or inability to access emergency service personnel using the service. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees You agree to defend, indemnify and hold harmless CompanyNITCO and its affiliates, its affiliates and Parent Corporationemployees, suppliers or agents from and against any and all claims clams, losses, damages, costs, and expensesexpenses (including but not limited to, reasonable attorney’s fees) by, or on behalf of, You or any third party or user of services relating to the failure or outage of the services including those related to 911/E911. Directory Listings. IF WE MAKE AVAILABLE AN OPTION TO LIST YOUR NAME, ADDRESS, AND/OR TELEPHONE NUMBER IN A PUBLISHED DIRECTORY (WHETHER IN PRINT OR ONLINE) OR DIRECTORY ASSISTANCE DATABASE, AND ONE OR MORE OF THE FOLLOWING CONDITIONS OCCURS: (1) YOU REQUEST THAT YOUR NAME, ADDRESS AND/OR PHONE NUMBER BE OMITTED FROM A DIRECTORY OR DIRECTORY ASSISTANCE DATABASE, BUT THAT INFORMATION IS INCLUDED IN EITHER OR BOTH; (2) YOU REQUEST THAT YOUR NAME, ADDRESS AND/OR PHONE NUMBER BE INCLUDED IN A DIRECTORY OR DIRECTORY ASSISTANCE DATABASE, BUT THAT INFORMATION IS OMITTED FROM EITHER OR BOTH; OR (3) THE PUBLISHED OR LISTED INFORMATION FOR YOUR ACCOUNT CONTAINS MATERIAL ERRORS OR OMISSIONS, THEN THE AGGREGATE LIABILITY OF NITCO AND ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL NOT EXCEED THE MONTHLY CHARGES, IF ANY, WHICH YOU HAVE ACTUALLY PAID TO US TO LIST, PUBLISH, NOT LIST, OR NOT PUBLISH THE INFORMATION FOR THE AFFECTED PERIOD. YOU SHALL HOLD US HARMLESS AND ANY AFFILIATES, SUPPLIERS OR AGENTS AGAINST ANY AND ALL CLAIMS FOR DAMAGES CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE ERRORS AND OMISSIONS REFERENCED ABOVE. Port Freeze/Carrier Freeze. NITCO can prevent Your phone service from being switched without Your consent. By adding a port freeze/carrier freeze on Your account, any attempt made to change Your service from NITCO to a new carrier will be stopped. If You have added a port freeze/carrier freeze to Your account and You wish to change to a new phone service provider, the freeze can only be lifted by You either by written or oral authorization. The authorization required for the lifting of the port freeze/carrier freeze is in addition to the regular verification process required to change to a different telephone service provider. The written authorization must be signed and state Your intent to lift the freeze. It should also include Your billing name and address and each telephone number to be affected. The oral authorization can be initiated by You or can be a three-way conference call with You, the carrier to which You wish to switch, and one of Our service representatives. To comply with FCC regulations (47 CFR §64.1190), NITCO is required to obtain your authorization prior to placing this method of prevention on Your account. NITCO has or will, upon request, provide the necessary authorization forms if you would like to institute a port freeze/carrier freeze on one or more telephone numbers associated with your account. ADDITIONAL PROVISIONS APPLICABLE TO NITCO BROADBAND INTERNET AND DATA SERVICES Description of Services. Your first billing statement will show the particular Broadband Internet and Data Services selected by You and provided by Us. Service Pricing: Service pricing for any NITCO Broadband Internet and Data Services that You have selected for the applicable contract term or month-to-month term will appear on your billing statements. Service pricing will also be available online at xxx.XXXXX.xxx/... Service pricing is subject to change. Speed. If You have selected “Non-SLA Service” or non-guaranteed Internet Access Service, You agree that NITCO bandwidth is provided without a written service level agreement for bandwidth, latency, packet loss, jitter, Service availability and mean time to repair. Under “Non-SLA” or non-guaranteed Internet Access Service, You acknowledge that NITCO does not guarantee any particular speed or amount of bandwidth will be continuously available to You, and You agree and understand that Your actual speeds may vary depending on various factors including the number of simultaneous users connected to the network at any given point in time. If You have selected “SLA”, or guaranteed Internet Access Service, NITCO will provide a written guarantee for bandwidth, latency, packet performance and mean time to repair, subject to a NITCO Service Level Agreement which, together with this Agreement and any amendments and addenda shall, collectively, form the agreement between NITCO and You. NITCO reserves the right to modify the SLA from time to time. Acceptable Use Policy. The Acceptable Use Policy (“AUP”) governs use of NITCO Internet Services and is posted at xxx.XXXXX.xxx (or an alternative website if we so notify You). You agree Your use of the Service is conditioned upon adherence to the AUP and You agree to comply with its terms and conditions. You further agree NITCO may modify the AUP or other policies from time to time. Notwithstanding anything to the contrary in this Agreement, YOU ACKNOWLEDGE AND AGREE THAT THE TERMS OF THE AUP MAY BE REVISED FROM TIME TO TIME WITH OR WITHOUT NOTICE BY POSTING A NEW VERSION OF THE AUP OR POLICY AS SET FORTH ABOVE. Static IP Addresses. Any Static IP Addresses assigned to a Customer for the purpose of delivering Data Services under this Agreement, shall belong to us and may be reclaimed by us upon termination of Services. We will provide one or more static IP addresses to You for each separate Data Service that You subscribe to at an additional cost to You. ADDITIONAL PROVISIONS APPLICABLE TO NITCO TELEVISION SERVICES Description of Services. Your first billing statement will show the particular NITCO Television Services selected by You and provided by Us. Service Pricing. Service pricing for any NITCO Television Services that You have selected for the applicable contract term or month-to-month term will appear on your billing statements. Service pricing will also be available online at xxx.XXXXX.xxx/... Service pricing is subject to change. Because NITCO may offer Television Services through or in association with third-party service-providers, including reasonable attorneys' feesSkitter TVTM, arising out Skitter, Inc., Skitter Cable TV, Inc., and parent or subsidiary companies, Service pricing may change based upon the terms and conditions of agreements between NITCO and such third-parties. Third Party Terms and Conditions. NITCO provides Television Services in association with Skitter TVTM, Skitter, Inc., Skitter Cable TV, Inc., and parent or related in subsidiary companies. By accepting NITCO Television Services, You agree to adhere to any way to terms and conditions governing the use of Services provided by Skitter TVTM, Skitter, Inc., Skitter Cable TV, Inc., and parent or subsidiary companies, which terms are made available online at xxxxxxx.xx… ASSIGNABILITY This Agreement and the Broadband Services Service(s) furnished hereunder may not be assigned by Customer or otherwise arising out You, except that it may be assigned to a purchaser of Customer's breach Your business. You agree to notify us immediately of any term changes of ownership or occupancy of the Agreementpremises. We may assign our rights and obligations under this Agreement with or without notice to You. AGREEMENT SCOPE AND SEVERABILITY

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES 5.01 THE DUTIES OF THE ADMINISTRATOR SHALL BE CONFINED TO THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND NO IMPLIED DUTIES ARE PROVIDED ASSUMED BY COMPANY ON AN "AS IS" OR MAY BE ASSERTED AGAINST THE ADMINISTRATOR AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES NO LIABILITY OF ANY KINDKIND WILL BE ATTAINED OR INCURRED BY THE ADMINISTRATOR EXCEPT TO THE EXTENT ARISING OUT OF THE ADMINISTRATOR’S BAD FAITH, EITHER EXPRESS FRAUD, WILFUL MISFEASANCE, NEGLIGENCE, GROSS NEGLIGENCE OR IMPLIEDCRIMINAL MISCONDUCT. NOTWITHSTANDING THE ABOVE, INCLUDING BUT NOT EXCEPT TO THE EXTENT ARISING OUT OF THE ADMINISTRATOR’S BAD FAITH, FRAUD, WILFUL MISFEASANCE, GROSS NEGLIGENCE OR CRIMINAL MISCONDUCT IN THE PERFORMANCE (OR NON-PERFORMANCE) OF THE SERVICES HEREUNDER, THE ADMINISTRATOR’S AGGREGATE LIABILITY TO THE TRUST WILL BE LIMITED TO WARRANTIES MONETARY DAMAGES NOT TO EXCEED THE GREATER OF TITLE(I) THE AMOUNT OF FEES PAID HEREUNDER DURING THE THIRTY-SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM TO OCCUR; AND (II) FOUR MILLION DOLLARS ($4,000,000) (THE “LIABILITY CAP”). For the avoidance of doubt, NON INFRINGEMENT OR IMPLIED WARRANTIES except to the extent that damages to the Trust are caused by an act or omission of the Administrator in violation of the standards of care described herein, the Administrator shall not be responsible for any breach in the performance of its obligations under this Agreement due to (i) the failure or delay of the Trust or its agents to perform its obligations under this Agreement or (ii) the Administrator’s good faith reliance on Trust Data. Each party shall have the duty to mitigate its damages for which another party may become responsible. As used in this Section 5, the term “Administrator” shall include the officers, directors, employees and agents of the Administrator as well as that entity itself. NOTWITHSTANDING ANY OTHER PROVISION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSETHIS AGREEMENT TO THE CONTRARY, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, SHALL THE ADMINISTRATOR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER NON-DIRECT DAMAGES OF ANY KINDKIND WHETHER SUCH LIABILITY IS PREDICATED ON CONTRACT, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENTSTRICT LIABILITY, OR REMOVAL ANY OTHER THEORY AND REGARDLESS OF COMPANY'S EQUIPMENT, WHETHER THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE TRUST IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement.

Limitation of Liability and Indemnification. CUSTOMER USI shall not be liable to Student or any other person, including the co‐residents and guests of Student, for any damage to their person or property from any defect, known or unknown, in the construction, condition, or maintenance of the said University Housing. Student hereby releases USI from all liability for any accident, damage or injury caused to the person or property of Student on or about the Housing. TO THE FULLEST EXTENT PERMITTED BY LAW, STUDENT AGREES THAT TO INDEMNIFY, PROTECT AND HOLD HARMLESS USI AND ITS TRUSTEES, ACTING IN THEIR CAPACITY AS TRUSTEES AND OTHERWISE, OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS OF AND FROM ANY AND ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES COSTS, EXPENSES (INCLUDING ATTORNEYS’ FEES), LIABILITIES, LOSSES, DAMAGES, SUITS, ACTIONS, FINES, PENALTIES, CLAIMS OR DEMANDS OF ANY KINDKIND ASSERTED BY OR ON BEHALF OF STUDENT OR ANY OTHER PERSON, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEENTITY, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTEDGOVERNMENTAL AUTHORITY, FOR PERSONAL INJURY, DEATH OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT PROPERTY DAMAGE OF ANY AND ALL USE PERSONS BY REASON OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK USE, OCCUPATION, AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS MAINTENANCE OF THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICEHOUSING, INCLUDING ANY DIRECTAND ALL PUBLIC LIABILITY TO GUESTS, INDIRECTEMPLOYEES, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGESAND OTHERS, WHETHER OR NOT THERE IT IS NEGLIGENCE ON ALLEGED THAT USI IN ANY WAY CONTRIBUTED TO THE PART OF COMPANY AND WHETHER ALLEGED WRONGDOING OR IS LIABLE DUE TO A NON‐DELEGABLE DUTY. HOWEVER, STUDENT SHALL NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER BE OBLIGATED TO INDEMNIFY USI FOR THE BROADBAND SERVICESSOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF USI OR ITS AGENTS AND EMPLOYEES WHERE SUCH INDEMNIFICATION IS CONTRARY TO LAW. Customer agrees RIGHT OF INSPECTION USI and its agents and invitees shall have the right to defend, indemnify enter and hold harmless Company, its affiliates access to University Housing at all reasonable times to examine the condition of the Housing and Parent Corporation, from to confirm that the Student and against any co‐residents or guests are in compliance with the terms of this Contract and all claims and expensesUSI’s written policies, including reasonable attorneys' feesbut not limited to USI’s Code of Student Behavior or USI’s Housing and Resident Handbook, arising out or to determine compliance with federal, state or local laws. USI reserves the right to remove any items discovered during such inspection that are not in conformity with the terms of this Contract and USI’s written policies. The Student acknowledges and agrees that any such entry, inspection or related in any way removal of property by USI may be made without prior notice to the use Student and shall not constitute an eviction, a termination of this Contract or a breach of Student’s quiet enjoyment of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementHousing.

Limitation of Liability and Indemnification. CUSTOMER AGREES YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE), FOR ANY KINDDIRECT, EITHER EXPRESS INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR IMPLIEDEXEMPLARY DAMAGES, INCLUDING INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF XXXXXXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO WARRANTIES USE THE XXXXXXXXX WEBSITE; (ii) THE COST OF TITLEPROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, NON INFRINGEMENT DATA, INFORMATION OR IMPLIED WARRANTIES OF MERCHANTABILITY SERVICES OBTAINED OR FITNESS FOR A PARTICULAR PURPOSEMESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT AS A RESULT OF THE BROADBAND SERVICES WILL BE UNINTERRUPTED, XXXXXXXXX WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR WILL SECURE CUSTOMER'S COMPUTER FROM ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY UNAUTHORIZED ACCESS ON THE XXXXXXXXX WEBSITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR MONITORING(vi) ANY OTHER MATTER RELATING TO THE XXXXXXXXX WEBSITE. CUSTOMER AGREES THAT ALL USE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANYFULLEST EXTENT PERMITTED BY APPLICABLE LAW, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATIONXXXXXXXXX WEBSITE OR YOUR USE OF XXXXXXXXX CONTENT, REPAIRREGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, REPLACEMENTTORT, BREACH OF WARRANTY, OR REMOVAL OF COMPANY'S EQUIPMENTOTHERWISE), THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT WILL NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGESEXCEED $100. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICESIndemnification. Customer agrees You agree to defend, indemnify indemnify, and hold harmless Company, its affiliates and Parent Corporation, the Released Parties from and against any and all claims and claims, liabilities, damages, losses, costs, expenses, including reasonable attorneys' fees, arising out actions, or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) your use of or related reliance on any third-party content, (ii) your use of or reliance on any Xxxxxxxxx Content, (iii) your violation of any person’s intellectual property, privacy, publicity or other right, (iv) the violation of any applicable laws and/or these Terms by you and/or anyone using your login credentials to access and otherwise use the Xxxxxxxxx Website (in whole or in part), (v) the breach of any way of your warranties, representations, responsibilities or other obligations set forth in these Terms, or (vi) the willful misconduct of you or anyone accessing the Xxxxxxxxx Website using your login credentials. We shall provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementXxxxxxxxx Website.

Limitation of Liability and Indemnification. CUSTOMER AGREES BY USING THIS WEBSITE, YOU AGREE YOU ARE WAIVING AND RELEASING ANY CLAIMS THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEYOU MAY HAVE NOW, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT MAY ARISE IN THE BROADBAND SERVICES WILL BE UNINTERRUPTEDFUTURE, AGAINST FRCC, INCLUDING ANY EMPLOYEES, MEMBERS, AGENTS, OR WILL SECURE CUSTOMER'S COMPUTER FROM CONTRACTORS OF FRCC, FOR ANY LOSSES OR HARM OF ANY KIND RELATING TO USE OF THIS WEBSITE. FRCC ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY UNAUTHORIZED ACCESS FOR THE CONSEQUENCES OF ANY INACCURACY, ERROR, OR MONITORINGOMISSION, REGARDLESS OF CAUSE. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK FRCC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR, AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT YOU AGREE TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANYINDEMNIFY FRCC, ITS AFFILIATES DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AGENTS, AND REPRESENTATIVES FOR ANY CLAIMS, DAMAGES, OR PARENT CORPORATION, BE LIABLE FOR DAMAGES LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, KIND ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATIONRELATING TO USE OF THIS WEBSITE (INCLUDING ANY BREACH OF THIS AGREEMENT), REPAIRAND REGARDLESS OF WHETHER ANY CLAIMS, REPLACEMENTDAMAGES, OR REMOVAL OF COMPANY'S EQUIPMENTLOSSES WERE CAUSED BY YOU OR BY FRCC. ANY SUCH CLAIMS, THE USE OR INABILITY TO USE THE BROADBAND SERVICESDAMAGES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDINGLOSSES INCLUDE, BUT ARE NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICETO, INCLUDING ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL INCIDENTAL, DIRECT, INDIRECT, INCIDENTAL SPECIAL INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE EVEN IF FRCC IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE OR OF A CLAIM, OR POTENTIAL CLAIM, BY ANOTHER PARTY, INCLUDING A CLAIM FOR PUNITIVE DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement.

Limitation of Liability and Indemnification. CUSTOMER AGREES We are not liable for anything that happens to you that somehow may be connected to your use of the Abby Service. If you use the Abby Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY KINDDIRECT, EITHER EXPRESS INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR IMPLIEDEXEMPLARY DAMAGES, INCLUDING INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ABBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO WARRANTIES USE THE SITE; (ii) THE COST OF TITLEPROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, NON INFRINGEMENT DATA, INFORMATION OR IMPLIED WARRANTIES OF MERCHANTABILITY SERVICES OBTAINED OR FITNESS FOR A PARTICULAR PURPOSEMESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT AS A RESULT OF THE BROADBAND SERVICES WILL BE UNINTERRUPTED, SITE; (iii) UNAUTHORIZED ACCESS TO OR WILL SECURE CUSTOMER'S COMPUTER FROM ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY UNAUTHORIZED ACCESS ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR MONITORING(vi) ANY OTHER MATTER RELATING TO THE SITE. CUSTOMER AGREES THAT ALL USE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANYFULLEST EXTENT POSSIBLE BY LAW, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATIONSITE OR YOUR USE OF ABBY CONTENT, REPAIRREGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, REPLACEMENTTORT, BREACH OF WARRANTY, OR REMOVAL OF COMPANY'S EQUIPMENTOTHERWISE), THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT WILL NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGESEXCEED $100. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees You agree to defend, indemnify indemnify, and hold harmless Company, its affiliates and Parent Corporation, the Released Parties from and against any and all claims and expensesclaims, actions, or demands, including without limitation reasonable attorneys' legal and accounting fees, arising out alleging or resulting from (i) your use of or related in reliance on any way to the third-party content, (ii) your use of the Broadband Services by Customer or otherwise arising out of Customer's reliance on any Abby Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any term of the Agreementsuch claim, suit, or proceeding.

Limitation of Liability and Indemnification. AS AN EXPRESS CONDITION TO USING THE LICENSED SOFTWARE, CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS AGREES THAT, TO THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, LICENSOR OR ITS AFFILIATES OR PARENT CORPORATION, REPRESENTATIVES BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOST OR CORRUPTED DATA, LOSS OF PROFITS, PRIVACY, USE, BUSINESS, OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY OR PROPERTY DAMAGE, FOR FAILURE TO MEET ANY KINDDUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, UNDER FOR NEGLIGENCE, AND FOR ANY LEGAL THEORY, OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE RELATED TO CUSTOMER’S USE OR INABILITY TO USE THE BROADBAND LICENSED SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE LICENSED SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE LICENSED SOFTWARE, OR INABILITY TO USE OTHERWISE UNDER OR IN CONNECTION WITH ANY THIRD PARTY SERVICES INCLUDINGPROVISION OF THIS XXXX, BUT NOT LIMITED TO E911 SERVICE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATION OF LIABILITY, SO THAT LIMITATION MAY NOT FULLY APPLY. NOTWITHSTANDING ANY SUCH DAMAGESDAMAGES THAT CUSTOMER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING ALL DAMAGES REFERENCED IN THIS XXXX AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT, OR ANYTHING ELSE), THE ENTIRE LIABILITY OF LICENSOR AND ITS AFFILIATES AND REPRESENTATIVES UNDER ANY PROVISION OF THIS XXXX AND CUSTOMER’S EXCLUSIVE REMEDY UNDER THIS XXXX WILL BE LIMITED TO THE PAYMENT OF THE GREATER OF THE DIRECT DAMAGES INCURRED IN REASONABLE RELIANCE ON THE LICENSED SOFTWARE UP TO THE ACTUAL LICENSE FEE PAID OR U.S. $5.00. IN NO EVENT WILL COMPANY'S THE TOTAL LIABILITY OF LICENSOR AND ITS AFFILIATES AND REPRESENTATIVES FOR ALL DAMAGES EXCEED THE AMOUNT ACTUALLY OF THE LICENSE FEE PAID TO USE THE LICENSED SOFTWARE. AS AN EXPRESS CONDITION TO USING THE LICENSED SOFTWARE, CUSTOMER AGREES TO INDEMNIFY LICENSOR AND ITS AFFILIATES AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND DAMAGES INCURRED BY LICENSOR, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO THE AUTHORIZED OR UNAUTHORIZED USE OR MISUSE OR OPERATION OF THE LICENSED SOFTWARE BY CUSTOMER FOR OR BY ANYONE TO WHOM CUSTOMER PROVIDED THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementLICENSED SOFTWARE.

Limitation of Liability and Indemnification. CUSTOMER STUDENT EXPRESSLY UNDERSTANDS AND AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF THE RELEASED PARTIES SHALL NOT BE LIABLE TO STUDENT FOR ANY KINDDIRECT, EITHER EXPRESS INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR IMPLIEDEXEMPLARY DAMAGES, INCLUDING INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO WARRANTIES USE THE BOOTCAMP PROGRAM; (ii) THE COST OF TITLEPROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, NON INFRINGEMENT DATA, INFORMATION OR IMPLIED WARRANTIES OF MERCHANTABILITY SERVICES OBTAINED OR FITNESS FOR A PARTICULAR PURPOSEMESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT AS A RESULT OF THE BROADBAND SERVICES WILL BE UNINTERRUPTED, BOOTCAMP PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR WILL SECURE CUSTOMER'S COMPUTER FROM ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY UNAUTHORIZED ACCESS ON THE BOOTCAMP PROGRAM; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY GOHARNESS; OR MONITORING(vi) ANY OTHER MATTER RELATING TO THE BOOTCAMP PROGRAM. CUSTOMER AGREES THAT ALL USE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANYFULLEST EXTENT POSSIBLE BY LAW, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATIONBOOTCAMP PROGRAM OR YOUR USE OF BOOTCAMP PROGRAM CONTENT, REPAIRREGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, REPLACEMENTTORT, BREACH OF WARRANTY, OR REMOVAL OF COMPANY'S EQUIPMENTOTHERWISE), THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT WILL NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGESEXCEED . IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer Student agrees to defend, indemnify indemnify, and hold harmless Company, its affiliates and Parent Corporation, the Released Parties from and against any and all claims and expensesclaims, actions, or demands, including without limitation reasonable attorneys' legal and accounting fees, arising out alleging or resulting from (i) your use of or related in reliance on any way to the third-party content, (ii) your use of the Broadband Services by Customer or otherwise arising out of Customer's reliance on any Bootcamp Program content, or (iii) your breach of the terms and conditions contained herein. goHarness shall provide notice to any term Student promptly of the Agreementany such claim, suit, or proceeding.

Limitation of Liability and Indemnification. CUSTOMER AGREES We are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY KINDDIRECT, EITHER EXPRESS OR IMPLIEDINDIRECT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLEINCIDENTAL, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSESPECIAL, CONSEQUENTIAL, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTEDEXEMPLARY DAMAGES, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OTHER TANGIBLE OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. ), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RELATING TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the AgreementUS; OR

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDTo the extent permitted by law, EITHER EXPRESS OR IMPLIEDyou agree to indemnify us and our affiliates, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLEofficers, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEagents, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTEDand employees, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold us and our affiliates, officers, agents, and employees harmless Company, its affiliates and Parent Corporation, from and against any and all claims claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, ’ fees and expenses arising out of or related in any way to the from use of Online Banking, Mobile Banking, or Bill Pay or the Broadband Services by Customer or otherwise arising out of Customer's breach of any term this Agreement. You understand and agree that this paragraph shall survive the termination of the this Agreement. YOU AGREE THAT WE WILL NOT BE LIABLE 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 LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ONLINE BANKING, MOBILE BANKING OR BILL PAY REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW. YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE FOR ANY FAILURE TO COMPLY WITH THIS AGREEMENT DUE TO LEGAL RESTRAINT, INTERRUPTION OR FAILURE OF TRANSMISSION, WAR (DECLARED OR NOT), EMERGENCIES, LABOR DISPUTES, FIRE, NATURAL DISASTERS OR ANY OTHER CIRCUMSTANCES BEYOND OUR CONTROL. ANY CLAIM RELATED TO ONLINE BANKING, MOBILE BANKING, BILL PAY OR THIS AGREEMENT MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH A CLAIM.

Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL BROADBAND SERVICES 5.01 THE DUTIES OF THE ADMINISTRATOR SHALL BE CONFINED TO THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. AND NO IMPLIED DUTIES ARE PROVIDED ASSUMED BY COMPANY ON AN "OR MAY BE ASSERTED AGAINST THE ADMINISTRATOR. EXCEPT TO THE EXTENT ARISING OUT OF THE ADMINISTRATOR'S BAD FAITH, FRAUD, GROSS NEGLIGENCE (AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KINDDEFINED HEREIN), EITHER EXPRESS WILLFUL MISCONDUCT OR IMPLIEDCRIMINAL MISCONDUCT WHEN PROVIDING THE SERVICES, INCLUDING BUT NOT THE ADMINISTRATOR'S AGGREGATE LIABILITY TO THE TRUST WILL BE LIMITED TO WARRANTIES MONETARY DAMAGES MUTUALLY AGREED UPON FROM TIME TO TIME IN A SEPARATE WRITING EXECUTED BY THE PARTIES / NOT TO EXCEED THE AMOUNT OF TITLEFEES PAID HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM TO OCCUR. For the avoidance of doubt, NON INFRINGEMENT OR IMPLIED WARRANTIES the Administrator shall not be responsible for any breach in the performance of its obligations under this Agreement due to (i) the failure or delay of the Trust or either of its respective agents to perform its obligations under this Agreement or (ii) the Administrator's reliance on Trust Data. Each party shall have the duty to mitigate its damages for which another party may become responsible. As used in this Section 5, the term "Administrator" shall include the officers, directors, employees, affiliates and agents of the Administrator as well as that entity itself. NOTWITHSTANDING ANY OTHER PROVISION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSETHIS AGREEMENT TO THE CONTRARY, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, SHALL THE ADMINISTRATOR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER NON DIRECT DAMAGES OF ANY KINDKIND WHETHER SUCH LIABILITY IS PREDICATED ON CONTRACT, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENTSTRICT LIABILITY, OR REMOVAL ANY OTHER THEORY AND REGARDLESS OF COMPANY'S EQUIPMENT, WHETHER THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE TRUST IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES. Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement.