Common use of LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES Clause in Contracts

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, NEITHER PARTY SHALL IN ANY EVENT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 CONTERRA’S LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE LESSER OF: (I) AMOUNTS ACTUALLY PAID BY CUSTOMER FOR MRCs DURING THE PERIOD IN WHICH THE DAMAGE OCCURS AND 8.02 TO THE CONTRARY(II), NEITHER PARTY SHALL IN ANY EVENT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISEIF SERVICE IS INTERRUPTED, TO A PRO-RATA CREDIT FOR THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIESPERIOD OF INTERRUPTION, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE SUBJECT TO SECTION 9. CUSTOMER AGREES THAT THE PRICING OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY SERVICES REFLECTS THE INTENT OF THE TERMS PARITES TO LIMIT CONTERRA’S LIABILITY AS PROVIDED HEREIN. EXCEPT FOR CUSTOMER’S OBLIGATIONS TO PAY FEES AND PROVISIONS OF THIS AGREEMENT OR OTHERWISECHARGES FOR SERVICES PROVIDED AS REQUIRED HEREIN, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR EITHER PARTY BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENTOTHER, TO ITS EMPLOYEES, SUBCONTRACTORS, AND/OR AGENTS, OR ANY THIRD-PARTY, FOR ANY INDIRECT, INCIDENTIAL, SPECIAL CONSEQUENTIAL, PUNITIVE DAMAGES, OR LOST PROFITS. THE EXTENT QUALITY OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTSSERVICE PROVIDED HEREUNDER SHALL BE CONSISTENT WITH INDUSTRY STANDARDS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR CONTERRA MAKES NO WARRANTIESOTHER WARRANTIES HEREUNDER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY STATUTORY OR OTHERWISE INCLUDING, AND CONTERRA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, WARNINGS 6.1 NEITHER PARTY SHALL IN ANY EVENT WILL BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR PUNITIVE DAMAGES (SUCH ASNOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TOTO ANY LOSS REVENUE, LOSS OF PROFITS USE, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY LOSS OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISEPROFIT, INCLUDING, WITHOUT LIMITATION, ANY WHETHER SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. ALLEGED LIABILITY ARISES IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES CONTRACT OR 6.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMCAST DOES NOT WARRANT THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. 6.3 COMCAST MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE FOR USE BY THIRD PARTIES. 6.4 IN NO EVENT SHALL COMCAST, OR ITS ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED, TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER, ITS USERS OR THIRD PARTIES; (iii) INTEROPERABILITY, INTERACTION OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; OR (iv) LOSS OR DESTRUCTION OF ANY CUSTOMER HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE IT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, NEITHER PARTY SHALL 10.1 IN ANY NO EVENT WILL YOUNOW BE LIABLE IN CONTRACTTO APP DEVELOPER, TORT, STRICT LIABILITY APP DEVELOPER USERS OR OTHERWISE, ANY OTHER THIRD PARTY WITH RESPECT TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS THIS AGREEMENT FOR ANY TYPE OF SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, REGARDLESS OF WHETHER YOUNOW WAS ADVISED OF THE POSSIBILITY OF ANY TERM OF THE FOREGOING). NOTWITHSTANDING THE FOREGOING OR PROVISION ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NOTHING CONTAINED IN THIS AGREEMENT SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THIS AGREEMENT. COMPANY ACKNOWLEDGES YOUNOW’S COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND AGREES THAT DISTRIBUTOR THE RULES AND REGULATIONS THEREUNDER, NOR SHALL IT CONSTITUTE A WAIVER BY THE APP DEVELOPER OF ANY OF THE APP DEVELOPER’S LEGAL RIGHTS UNDER APPLICABLE U.S. FEDERAL SECURITIES LAWS OR ANY OTHER LAWS WHOSE APPLICABILITY IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR PERMITTED TO BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. CONTRACTUALLY WAIVED. 10.2 EXCEPT AS EXPLICITLY EXPRESSLY PROVIDED IN THIS AGREEMENTSECTION 4.1, DISTRIBUTOR MAKES NO YOUNOW DISCLAIMS ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APP PROPS TOKENS, USER PROPS TOKENS, AND PROPS NETWORK, INCLUDING WITHOUT LIMITATION ANY WARRANTY AND ALL WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, ACCURACY OF DATA, AND WARRANTIES ARISING FROM A COURSE OF DEALING. 10.3 IN NO EVENT WILL APP DEVELOPER BE LIABLE TO YOUNOW OR ANY OTHER THIRD PARTY WITH RESPECT TO THIS AGREEMENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION REGARDLESS OF WHETHER APP DEVELOPER WAS ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING), AND, IN NO EVENT, WILL APP DEVELOPER’S TOTAL COLLECTIVE LIABILITY FOR ALL ACTIONS UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED $150,000.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, WARNINGS 6.1 NEITHER PARTY SHALL IN ANY EVENT WILL BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY COMCAST OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF COMCAST AND ITS RESPECTIVE SUBSIDIARIESOFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, FRANCHISEES AGENTS, SUPPLIERS OR OTHER OPERATORS CONTRACTORS (“ASSOCIATED PARTIES”) FOR ANY TYPE LOSS, DAMAGES AND CLAIMS ARISING OUT OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH ASTHE DELIVERY OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS DELAY IN THE INSTALLATION OF PROFITS SERVICES OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S THE PERFORMANCE OR FAILURE TO PERFORM UNDER ANY NONPERFORMANCE OF THE TERMS AND PROVISIONS OF SERVICES OR THE COMCAST EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE ARE EXCLUSIVE AND LIMITED TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES . 6.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMCAST DOES NOT WARRANT THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. 6.3 COMCAST MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE FOR USE BY THIRD PARTIES. 6.4 IN NO EVENT SHALL COMCAST, OR ITS ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED,

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, NEITHER PARTY RELEASEES SHALL IN ANY EVENT NOT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM: A. ANY AND ALL DEMANDS, RIGHTS, AND CAUSES OF ACTION OF WHATEVER KIND OR PUNITIVE DAMAGES (SUCH ASNATURE, ARISING OUT OF ALL KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, BODILY AND PERSONAL INJURIES, DAMAGE TO PROPERTY, AND THE CONSEQUENCES THEREOF, INCLUDING ANY INJURY, DAMAGE, DEATH OR DISABILITY RESULTING FROM PARTICIPATION BY THE PARTICIPANT IN THE PROGRAM, INCLUDING AS A RESULT OF THE NEGLIGENCE OF THE RELEASEES OR THE COST OF PROCUREMENT OF GOODS AND SERVICES IN CONNECTION WITH THE PROGRAM; B. THE USE OR THE INABILITY TO USE THE WEBSITE; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF MY TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, TO DAMAGES FOR LOSS OF PROFITS PROFITS, USE, DATA OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OTHER INTANGIBLE. I EXPRESSLY AGREE THAT PARTICIPATION IN THE PROGRAM OR FAILURE TO PERFORM UNDER ANY USE OF THE TERMS WEBSITE IS AT THE PARTICIPANT’S OR MY, AS APPLICABLE, SOLE RISK. THE PROGRAM AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENTTHE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, RELEASEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT. The Releasees make no warranty that the Website’s services will be uninterrupted, secure or error free. The Releasees do not guarantee the accuracy or completeness of any information in, or provided in connection with, the Website. The Releasees are not responsible for any errors or omissions, or for the results obtained from the use of such information. I understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Website is at my own discretion and risk and that I will be solely responsible for any damage to my own computer system or loss of data that results from the download of such material and/or data.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, NEITHER PARTY RELEASEES SHALL IN ANY EVENT NOT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM: 1. ANY AND ALL DEMANDS, RIGHTS, AND CAUSES OF ACTION OF WHATEVER KIND OR PUNITIVE DAMAGES (SUCH ASNATURE, ARISING OUT OF ALL KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, BODILY AND PERSONAL INJURIES, DAMAGE TO PROPERTY, AND THE CONSEQUENCES THEREOF, INCLUDING ANY INJURY, DAMAGE, DEATH OR DISABILITY RESULTING FROM PARTICIPATION BY THE PARTICIPANT IN THE PROGRAM, INCLUDING AS A RESULT OF THE NEGLIGENCE OF THE RELEASEES OR THE COST OF PROCUREMENT OF GOODS AND SERVICES IN CONNECTION WITH THE PROGRAM; 2. THE USE OR THE INABILITY TO USE THE WEBSITE; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF MY TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, TO DAMAGES FOR LOSS OF PROFITS PROFITS, USE, DATA OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OTHER INTANGIBLE I EXPRESSLY AGREE THAT PARTICIPATION IN THE PROGRAM OR FAILURE TO PERFORM UNDER ANY USE OF THE TERMS WEBSITE IS AT THE PARTICIPANT'S OR MY, AS APPLICABLE, SOLE RISK. THE PROGRAM AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENTTHE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, RELEASEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT. The Releasees make no warranty that the Website's services will be uninterrupted, secure or error free. The Releasees do not guarantee the accuracy or completeness of any information in, or provided in connection with, the Website. The Releasees are not responsible for any errors or omissions, or for the results obtained from the use of such information. I understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Website is at my own discretion and risk and that I will be solely responsible for any damage to my own computer system or loss of data that results from the download of such material and/or data.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 11.1 These limitations of liability provisions apply to Users, you, anyone using or occupying your Vehicle or the InControl Services, anyone making a claim on your behalf, and claims made by others arising out of or relating to the provision of InControl Services. 11.2 TO THE CONTRARYEXTENT ALLOWED BY LAW, NEITHER PARTY SHALL IN OUR LIABILITY FOR MONETARY DAMAGES FOR ANY EVENT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY TYPE OF INCIDENTAL, CONSEQUENTIAL CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR PUNITIVE SPECIAL DAMAGES (SUCH ASOF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH THE InControl PACKAGE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PROFITS BUSINESS, OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE COST OF REPLACEMENT PRODUCTS AND SERVICES. 11.3 YOU AGREE THAT NEITHER WE NOR ANY SERVICE PROVIDER WHO PROVIDES INFORMATION VIA THE InControl PACKAGE IS LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR FAILURE MISTAKES IN THAT DATA OR INFORMATION. 11.4 NEITHER WE NOR OUR SERVICE PARTNERS WARRANT OR GUARANTEE THAT SERVICE WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR AT OR TO PERFORM UNDER ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICE WILL BE PROVIDED WITHOUT INTERRUPTION, DELAY OR ERROR. NEITHER WE NOR ANY OF OUR SERVICE PARTNERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED ABOUT (1) THE TERMS AND PROVISIONS OF EQUIPMENT OR ANY OTHER HARDWARE OR SOFTWARE USED WITH THE InControl PACKAGE; (2) THE InControl PACKAGE; (3) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE InControl PACKAGE. THIS AGREEMENT OR OTHERWISE, INCLUDINGINCLUDES, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH WARRANTIES OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONSTITLE, DEFECTSNON-INFRINGEMENT, DEFICIENCIESCONTENT, DANGERSQUALITY, FAULTS OR FAILURESACCURACY, OF ANY KINDTIMELINESS, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPTCOMPLETENESS, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENTCORRECTNESS, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENTRELIABILITY, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS. WE EXPRESSLY DISCLAIM ANY PARTICULAR PURPOSEAND ALL EXPRESS AND IMPLIED WARRANTIES (TO THE EXTENT PERMITTED BY LAW), NOR DO WE PERMIT OR AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF. 11.5 You agree that neither we nor our subsidiaries, affiliates, parent companies, service providers, suppliers, or licensors are responsible for any damages resulting from: (a) a third parties act or omission; (b) providing or failing to provide InControl Services, including, but not limited to, deficiencies or problems with InControl equipment or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our InControl Services; (d) Data Content or information accessed while using our InControl Services; (e) an interruption or failure in accessing or attempting to access emergency services, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g) information or communication that is blocked by a spam filter; or (h) damage to your InControl equipment or any computer or equipment connected to your InControl equipment, or damage to or loss of any information stored on your InControl equipment, computer, or mobile device caused by your use of the InControl Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio. You should implement appropriate safeguards to secure your InControl equipment, computer, and mobile device and to back-up your information as appropriate. 11.6 You agree that neither we nor our subsidiaries, affiliates, parent companies, service providers, suppliers, or licensors are responsible for any damages resulting from the inability to contact service providers, including emergency service providers. For the purposes of this Section 11 only, Jaguar Land Rover North America, LLC’s parents, subsidiaries and affiliates including, without limitation, Tata Motors Ltd., Jaguar Land Rover Ltd., and Jaguar Land Rover Canada ULC (collectively referred to in this Section 11 as the “JLR Companies”) shall be third-party beneficiaries under the terms and protections in this Section 11. The disclaimers of warranties and limitations of liability set forth in this Section 11 shall extend to all JLR Companies. 11.7 For the purpose of this Section 11, an “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, regulatory, governmental or other legally- compelled changes to telecommunications systems necessary or germane to the operation of the InControl Package or acts or omissions of any law enforcement authority or the emergency services. 11.8 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that occurs due to an Event Outside our Control. 11.9 If an Event Outside our Control takes place that affects the performance of our obligations under these Terms: (a) We will contact you as soon as reasonably possible to notify you; and (b) Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control. Where the Event Outside our Control affects our performance of InControl Services to you, we will restart the InControl Services as soon as reasonably possible after the Event Outside our Control is over.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. 12.1. VIKINGCLOUD’S AGGREGATE LIABILITY TO CLIENT, REGARDLESS OF THEORY OF LIABILITY, FOR ALL CLAIMS, DAMAGES, COSTS, LOSSES, EXPENSES AND OTHER AMOUNTS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE FEES PAID TO VIKINGCLOUD BY CLIENT IN THE TWELVE MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARYFORGOING, NEITHER ANY LIABILITY IN RESPECT OF FRAUD, FRAUDULENT MISREPRESENTATION, PERSONAL INJURY OR DEATH CAUSED BY VIKINGCLOUD’S GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT SHALL NOT BE LIMITED OR EXCLUDED. NO ACTION ARISING OUT OF THIS AGREEMENT, REGARDLESS OF FORM, MAY BE BROUGHT BY EITHER PARTY SHALL MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. 12.2. IN ANY NO EVENT WILL VIKINGCLOUD BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH ASDAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, OF ANY KIND WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH FURNISHING, PERFORMANCE OR USE OF THE SERVICES PERFORMED HEREUNDER, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PROFITS REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OR DAMAGE TO GOODWILL, LOSS OF DATA, LOSS OF USE OF SYSTEM(S) OR NETWORK OR THE RECOVERY OF SUCH, BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE INTERRUPTION OR FAILURE TO PERFORM UNDER ANY DOWNTIME, EVEN IF VIKINGCLOUD HAS BEEN ADVISED OF THE TERMS AND PROVISIONS POSSIBILITY OF THIS AGREEMENT SUCH DAMAGES OR LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. FURTHER, VIKINGCLOUD SHALL NOT BE LIABLE FOR ANY DAMAGES DUE TO THE DELAY IN PERFORMING THE SERVICES. 12.3. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6.1, VIKINGCLOUD DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO WARRANTIES REGARDING QUALITY, MERCHANTABILITY, FITNESS FOR A BREACH PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OF ANY TERM SERVICES OR PROVISION OF GOODS PROVIDED UNDER THIS AGREEMENT. COMPANY ACKNOWLEDGES THERE IS NO WARRANTY THAT THE SERVICES OR TECHNOLOGY EMPLOYED TO FURNISH THE SERVICES ARE ERROR OR DEFECT FREE, TIMELY, OR THAT THEY WILL OPERATE UNINTERRUPTED. CLIENT UNDERSTANDS AND AGREES THAT DISTRIBUTOR IS (1) RECEIVING THE SERVICES DOES NOT THE MANUFACTURER GUARANTEE THAT CLIENT’S SYSTEMS WILL BE PROTECTED, SECURE OR PRODUCER INVULNERABLE AND (2) VIKINGCLOUD DOES NOT GUARANTEE OR WARRANT THAT IT WILL UNCOVER OR FIND ALL OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONSCLIENT’S SYSTEM EXPOSURES INCLUDING BUT NOT LIMITED TO, DEFECTSVULNERABILITIES, DEFICIENCIESUNAUTHORIZED ACCESS, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSEMALWARE.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, WARNINGS 6.1 NEITHER PARTY SHALL IN ANY EVENT WILL BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR PUNITIVE DAMAGES (SUCH ASNOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TOTO ANY LOSS REVENUE, LOSS OF PROFITS USE, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY LOSS OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISEPROFIT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES WHETHER 6.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMCAST DOES NOT WARRANT THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. 6.3 COMCAST MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE FOR USE BY THIRD PARTIES. 6.4 IN NO EVENT SHALL COMCAST, OR ITS ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED, TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER, ITS USERS OR THIRD PARTIES; (iii) INTEROPERABILITY, INTERACTION OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; OR (iv) LOSS OR DESTRUCTION OF ANY CUSTOMER HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE IT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 To the maximum extent permitted by law, except to the extent of gross negligence, fraud or willful misconduct by Cboe, or a claim arising out of Cboe indemnification or confidentiality obligations set forth herein, Cboe Indemnified Parties shall not be liable to Data Recipient or its Affiliates, or to any other Person, for Claims and Losses related to the Data, including for any inaccurate or incomplete Data received from Cboe or from a Redistributor, any delays, interruptions, errors, or omissions in the furnishing thereof, or any direct, indirect or consequential damages arising from or occasioned by said inaccuracies, delays, interruptions, errors, or omissions. DATA RECIPIENT EXPRESSLY ACKNOWLEDGES THAT DATA AND 8.02 ANY AND ALL MATERIAL RELATED TO DATA, INCLUDING BUT NOT LIMITED TO THE CONTRARYCBOE SYSTEMS AND CBOE SPECIFICATIONS, NEITHER PARTY ARE BEING PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN SECTION 13, DATA RECIPIENT ACKNOWLEDGES THAT CBOE INDEMNIFIED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO DATA, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT TO THE EXTENT OF GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT BY CBOE, CBOE INDEMNIFIED PARTIES SHALL IN ANY EVENT NOT BE LIABLE IN CONTRACTTO DATA RECIPIENT, TORTOR TO ANY OTHER PERSON, STRICT LIABILITY OR OTHERWISEFOR INDIRECT, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIESCONSEQUENTIAL, AFFILIATESEXEMPLARY, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTALSPECIAL, CONSEQUENTIAL INCIDENTAL OR PUNITIVE DAMAGES (SUCH ASOF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO DATA, LOSS OF BUSINESS OPPORTUNITY) OR LOST PROFITS, ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY CAUSE WHATSOEVER, EVEN IF CBOE HAS BEEN ADVISED OF THE TERMS AND PROVISIONS POSSIBILITY OF THIS AGREEMENT SUCH DAMAGES. ABSENT GROSS NEGLIGENCE, FRAUD, OR OTHERWISEWILLFUL MISCONDUCT BY DATA RECIPIENT, INCLUDINGOR A CLAIM ARISING OUT OF DATA RECIPIENT’S INDEMNIFICATION OR CONFIDENTIALITY OBLIGATIONS SET FORTH HEREIN, WITHOUT LIMITATIONDATA RECIPIENT INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, ANY SUCH CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF DATA RECIPIENT HAS BEEN ADVISED OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING POSSIBILITY OF SUCH PRODUCTSDAMAGES. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENTData Recipient hereby acknowledges and agrees that it shall bring any claim arising under or relating to this Agreement within twelve (12) months from the date of the claim arising, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSEand failure to do so shall result in any such claim automatically and irrevocably expiring.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. a. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, NEITHER PARTY THE CUMULATIVE AGGREGATE LIABILITY OF COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND AFFILIATES FOR ANY LOSSES, CLAIMS, SUITS, CONTROVERSIES, BREACHES, OR DAMAGES ARISING OUT OF RELATED TO THIS AGREEMENT FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES SUFFERED BY MERCHANT AND, IN ANY EVENT, SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000). b. IN NO EVENT SHALL EITHER PARTY, THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS BE LIABLE IN CONTRACTFOR LOST PROFITS, TORTLOST BUSINESS OPPORTUNITIES, STRICT LIABILITY LOST REVENUES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR OTHERWISECONSEQUENTIAL DAMAGES, TO EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE OTHER PARTIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER EITHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY ENTITY HAS BEEN ADVISED OF THE TERMS AND PROVISIONS POSSIBILITY OF SUCH DAMAGES. c. THIS AGREEMENT IS A SERVICE AGREEMENT, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, COMPANY DISCLAIMS ALL OTHER REPRESENTATIONS OR OTHERWISEWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONSWARRANTIES REGARDING QUALITY, DEFECTSSUITABILITY, DEFICIENCIESMERCHANTABILITY, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT (IRRESPECTIVE OF ANY PARTICULAR PURPOSECOURSE OF DEALING, CUSTOM OR USAGE OF TRADE) OF ANY SERVICES OR ANY GOODS PROVIDED INCIDENTAL TO THE SERVICES PROVIDED UNDER THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY ACT OR OMISSION OF YOU OR YOUR AGENT (WHETHER AUTHORIZED OR UNATHORIZED) (a) ANY LOSS OF REGISTRATION OF ANY TLD NAME, (b) THE USE OF YOUR TLD NAME OR PASSWORD, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND 8.02 US; (e) EVENTS BEYOND OUR CONTROL; (f) THE PROCESSING OF ANY TLD NAME REGISTRATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE CONTRARYRECORD ASSOCIATED WITH YOUR TLD NAME, NEITHER PARTY SHALL IN (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY EVENT FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORTTORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY EVEN IF WE HAVE BEEN ADVISED OF THE TERMS AND PROVISIONS POSSIBILITY OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTORDAMAGES. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, US FOR REGISTRATION OF ANY KIND, THE TLD NAME IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO CONTROVERSY DURING THE LIMITATIONS STATED IN THIS AGREEMENT, PRIOR ONE (1) YEAR PERIOD. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENTLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSEOUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, WARNINGS 6.1 NEITHER PARTY SHALL IN ANY EVENT WILL BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY COMCAST OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF COMCAST AND ITS RESPECTIVE SUBSIDIARIESOFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, FRANCHISEES AGENTS, SUPPLIERS OR OTHER OPERATORS CONTRACTORS (“ASSOCIATED PARTIES”) FOR ANY TYPE LOSS, DAMAGES AND CLAIMS ARISING OUT OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH ASTHE DELIVERY OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS DELAY IN THE INSTALLATION OF PROFITS SERVICES OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S THE PERFORMANCE OR FAILURE TO PERFORM UNDER ANY NONPERFORMANCE OF THE TERMS AND PROVISIONS OF SERVICES OR THE COMCAST EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE ARE EXCLUSIVE AND LIMITED TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES . 6.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMCAST DOES NOT WARRANT THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. 6.3 COMCAST MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE FOR USE BY THIRD PARTIES. 6.4 IN NO EVENT SHALL COMCAST, OR ITS ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, WARNINGS 6.1 NEITHER PARTY SHALL IN ANY EVENT WILL BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR PUNITIVE DAMAGES (SUCH ASNOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TOTO ANY LOSS REVENUE, LOSS OF PROFITS USE, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTYLOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF LIABILITY FOR AMOUNTS OWED FOR THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISESERVICES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES FOR ANY 6.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMCAST DOES NOT WARRANT THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. 6.3 COMCAST MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE FOR USE BY THIRD PARTIES. 6.4 IN NO EVENT SHALL COMCAST, OR ITS ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED, TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER, ITS USERS OR THIRD PARTIES; (iii) INTEROPERABILITY, INTERACTION OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; OR (iv) LOSS OR DESTRUCTION OF ANY CUSTOMER HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE IT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, 11.1 NEITHER PARTY SHALL IN ANY EVENT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER OR PUNITIVE NOT SUCH DAMAGES (WERE FORESEEABLE OR A PARTY WAS NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH ASDAMAGES. 11.2 LESSEE ACKNOWLEDGES THAT, BUT NOT LIMITED TOEXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, LOSS QWEST MAKES NO WARRANTY REPRESENTATION OR INDEMNITY WITH RESPECT TO THE LEASED FIBERS, THE QWEST NETWORK, THE ASSOCIATED PROPERTY AND SERVICES, THE FACILITIES, OR ANY WORK PERFORMED UNDER THIS AGREEMENT, INCLUDING ANY AND ALL WARRANTIES, IMPLIED OR EXPRESS, OF PROFITS DESIGN, MERCHANTABILITY, NONINFRINGEMENT OF A THIRD PARTY'S RIGHTS, OR BUSINESS OPPORTUNITY) FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A PARTY’S PERFORMANCE COURSE OF DEALING, USAGE OR FAILURE TO PERFORM UNDER ANY OF TRADE, AND CUSTOMER HEREBY EXPRESSLY WAIVES AND DISCLAIMS ALL SUCH WARRANTIES, [*] Indicates confidential treatment requested. EXECUTION COPY REPRESENTATIONS AND INDEMNITIES. THE TERMS AND PROVISIONS OF WARRANTIES SET FORTH IN THIS AGREEMENT CONSTITUTE THE ONLY WARRANTIES MADE BY QWEST TO CUSTOMER WITH RESPECT TO THIS AGREEMENT AND ARE MADE IN LIEU OF ALL OTHER WARRANTIES MADE BY QWEST TO CUSTOMER WITH RESPECT TO THIS AGREEMENT AND ARE MADE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR OTHERWISEORAL, INCLUDINGSTATUTORY, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM EXPRESS OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IMPLIED. 11.3 IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO EITHER PARTY'S THE LIMITATIONS STATED IN CUMULATIVE LIABILITY UNDER THIS AGREEMENT, AGREEMENT EXCEED [*] TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSEALLOWED BY LAW.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, WARNINGS 6.1 NEITHER PARTY SHALL IN ANY EVENT WILL BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR PUNITIVE DAMAGES (SUCH ASNOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TOTO ANY LOSS REVENUE, LOSS OF PROFITS USE, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTYLOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES LIABILITY FOR 6.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMCAST DOES NOT WARRANT THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. 6.3 COMCAST MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE FOR USE BY THIRD PARTIES. 6.4 IN NO EVENT SHALL COMCAST, OR ITS ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED, TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER, ITS USERS OR THIRD PARTIES; (iii) INTEROPERABILITY, INTERACTION OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; OR (iv) LOSS OR DESTRUCTION OF ANY CUSTOMER HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE IT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 CONTERRA’S LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE LESSER OF: (I) AMOUNTS ACTUALLY PAID BY CUSTOMER FOR MRCS DURING THE PERIOD IN WHICH THE DAMAGE OCCURS, OR (II) CUSTOMER’S MRCS MULTIPLIED BY SIX (6), PROVIDED THAT CUSTOMER HAS ACTUALLY PAID SUCH AMOUNTS. IF CUSTOMER'S SERVICE IS INTERRUPTED, CONTERRA’S LIABILITY WILL BE LIMITED TO A PRO- RATA CREDIT FOR THE PERIOD OF INTERRUPTION, SUBJECT TO SECTION 10. CUSTOMER AGREES THAT THE PRICING OF SERVICES REFLECTS THE INTENT OF THE PARTIES TO LIMIT CONTERRA’S LIABILITY AS PROVIDED HEREIN. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE CONTRARYOTHER, NEITHER PARTY SHALL IN ITS EMPLOYEES, SUBCONTRACTORS, AND/OR AGENTS, OR ANY EVENT BE LIABLE IN CONTRACTTHIRD PARTY, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR PUNITIVE DAMAGES (SUCH ASLOST PROFITS. THE QUALITY OF SERVICE PROVIDED HEREUNDER SHALL BE CONSISTENT WITH INDUSTRY STANDARDS. CONTERRA MAKES NO OTHER WARRANTIES HEREUNDER, BUT NOT LIMITED TOEXPRESSED OR IMPLIED, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONAND CONTERRA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, NEITHER PARTY SHALL IN ANY EVENT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY NOBLE MAKES NO REPRESENTATIONS OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, WARRANTIES OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR ANY A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED MATERIALS, LICENSED INTELLECTUAL PROPERTY OR LICENSED PRODUCTS DO NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY. NOBLE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. NO STATEMENTS OR RECOMMENDATIONS CONTAINED HEREIN ARE TO BE CONSTRUED AS INDUCEMENTS TO INFRINGE ANY RELEVANT PATENT, NOW OR HEREAFTER IN EXISTENCE. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES FROM ALLEGED NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, TORT, CONTRACT OR ANY OTHER LEGAL THEORY, ARISING OUT OF THE USE OR HANDLING OF THE LICENSED MATERIALS OR LICENSED PRODUCTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, EXCEPT FOR (A) A BREACH OF SECTIONS 3, 5 OR 6, OR (B) CLAIMS OF A THIRD PARTY THAT ARE SUBJECT TO INDEMNIFICATION UNDER SECTION 9, EACH PARTY’S LIABILITY FOR ANY CLAIMS RELATED TO OR ARISING FROM THE AGREEMENT SHALL BE LIMITED TO THE PURCHASE PRICE OF THE LICENSED MATERIAL SUPPLIED BY NOBLE WHICH IS THE SUBJECT OF THE CLAIM OR THE AMOUNT ACTUALLY PAID FOR SUCH LICENSED MATERIAL, WHICHEVER IS LESS. NOBLE SHALL NOT BE LIABLE FOR ANY CLAIMS RELATED TO OR ARISING FROM ANY LICENSED MATERIAL SUPPLIED BY ANY PARTY OR ENTITY OTHER THAN NOBLE. ANY TECHNICAL ADVICE, WHETHER ORAL OR WRITTEN, PROVIDED BY NOBLE TO LICENSEE SHALL NOT CONSTITUTE A REPRESENTATION OR WARRANTY BY NOBLE, AND LICENSEE’S ACCEPTANCE AND USE OF SUCH ADVICE IS AT COMPANY’S SOLE RISK.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, WARNINGS 6.1 NEITHER PARTY SHALL IN ANY EVENT WILL BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY TeleSpeak OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF TeleSpeak AND ITS RESPECTIVE SUBSIDIARIESOFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, FRANCHISEES AGENTS, SUPPLIERS OR OTHER OPERATORS CONTRACTORS (“ASSOCIATED PARTIES”) FOR ANY TYPE LOSS, DAMAGES AND CLAIMS ARISING OUT OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH ASTHE DELIVERY OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS DELAY IN THE INSTALLATION OF PROFITS SERVICES OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S THE PERFORMANCE OR FAILURE TO PERFORM UNDER ANY NONPERFORMANCE OF THE TERMS AND PROVISIONS OF THIS AGREEMENT SERVICES OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE THE TeleSpeak EQUIPMENT SHALL BE LIMITED TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT SUM EQUIVALENT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTSAPPLICABLE OUT-OF-SERVICE CREDIT. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES REMEDIES UNDER THIS 6.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT WITH RESPECT TO THE SERVICES, TeleSpeak EQUIPMENT, OR LICENSED SOFTWARE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TeleSpeak DOES NOT WARRANT THAT THE SERVICES, TeleSpeak EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, TeleSpeak EQUIPMENT, OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, TeleSpeak EQUIPMENT, OR LICENSED SOFTWARE WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. 6.3 TeleSpeak MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, TeleSpeak EQUIPMENT, OR LICENSED SOFTWARE FOR USE BY THIRD PARTIES. 6.4 IN NO EVENT SHALL TeleSpeak, OR ITS ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED, TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER, ITS USERS OR THIRD PARTIES; (iii) INTEROPERABILITY, INTERACTION OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; OR (iv) LOSS OR DESTRUCTION OF ANY CUSTOMER HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE IT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, WARNINGS 6.1 NEITHER PARTY SHALL IN ANY EVENT WILL BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR PUNITIVE DAMAGES (SUCH ASNOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TOTO ANY LOSS REVENUE, LOSS OF PROFITS USE, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTYLOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S PERFORMANCE LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR FAILURE TO PERFORM UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT SOFTWARE PROVIDED BY COMCAST OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTSFOR EARLY TERMINATION CHARGES. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES AS 6.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMCAST DOES NOT WARRANT THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. 6.3 COMCAST MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE FOR USE BY THIRD PARTIES. 6.4 IN NO EVENT SHALL COMCAST, OR ITS ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED, TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER, ITS USERS OR THIRD PARTIES; (iii) INTEROPERABILITY, INTERACTION OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; OR (iv) LOSS OR DESTRUCTION OF ANY CUSTOMER HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE IT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY IS PROVIDED, SUCH EXPRESS REMEDY WILL BE THE SOLE AND 8.02 TO THE CONTRARYEXCLUSIVE REMEDY. IF NO EXPRESS REMEDY IS PROVIDED, NEITHER PARTY SHALL IN ANY EVENT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE LIABILITY WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. NEITHER PARTY WILL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR FAILURE TO PERFORM INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT INDEMNITY PROVISION OR OTHERWISE, INCLUDING, . THE PARTIES INTEND THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE REGARD TO A BREACH THE CAUSES RELATED THERETO INCLUDING THE NEGLIGENCE OF ANY TERM PARTY, WHETHER SUCH NEGLIGENCE IS SOLE, JOINT OR PROVISION OF THIS AGREEMENTCONCURRENT, OR ACTIVE OR PASSIVE. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE CHARACTERIZED OR DEEMED TO BE LIQUIDATED DAMAGES, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTSTHE HARM OR LOSS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENTFOR ANY REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, DISTRIBUTOR CURRENT EXPRESSLY DISCLAIMS AND MAKES NO WARRANTIES, EXPRESS WHETHER WRITTEN OR IMPLIEDORAL, WITH RESPECT TO THE ELECTRICITY SUPPLIED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY A PARTICULAR PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THIS AGREEMENT. FURTHER, IT IS UNDERSTOOD CURRENT SHALL NOT BE LIABLE FOR MATTERS WITHIN THE CONTROL OF THE EDC OR THE ISO, WHICH MAY RESULT FROM THE MAINTENANCE OR OPERATION OF ELECTRIC LINES AND SYSTEMS.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. a. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, AND EXCEPT FOR ANY CONFIDENTIALITY OR INDEMNIFICATION OBLIGATION HEREIN, NEITHER PARTY SHALL IN ANY EVENT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS AFFILIATES FOR ANY TYPE OF SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL COSTS, LIABILITIES, OR PUNITIVE DAMAGES (SUCH ASDAMAGES, BUT NOT LIMITED TOWHETHER FORESEEABLE OR NOT, LOSS OF PROFITS ARISING OUT OF, OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S IN CONNECTION WITH, THE PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH NON- PERFORMANCE OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN OBLIGATIONS UNDER THIS AGREEMENT, EACH SERVICE ORDER FORM, OR OTHERWISE RELATED TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR . b. SUMMIT BROADBAND MAKES NO WARRANTIESWARRANTY, REPRESENTATION, OR INDEMNITY, EXPRESS OR IMPLIED, WITH RESPECT TO THE DELIVERY OR PERFORMANCE OF ANY SERVICE, OR ANY WORK PERFORMED UNDER THIS AGREEMENT INCLUDING WITHOUT LIMITATION ANY WARRANTY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR USE OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. c. UNLESS OTHERWISE STATED HEREIN, THE TOTAL LIABILITY OF SUMMIT BROADBAND IN CONNECTION WITH THIS AGREEMENT (AND ANY PARTICULAR PURPOSERELATED SERVICE ORDER) SHALL IN NO EVENT EXCEED SUMS ACTUALLY PAID BY CUSTOMER TO SUMMIT BROADBAND FOR THE SERVICES PROVIDED AND WHICH GIVES RISE TO THE CLAIM, EXCEPT IF SUCH LIABILITY ARISES FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. d. The Parties expressly agree that no claim for losses or damages whatsoever in connection with this Agreement, including indemnification under the provisions of Section 9, shall be made more than two (2) years after the date that the event giving rise to such claim is known or reasonably should have been known to the Party making such claim. e. Notwithstanding the foregoing provisions of this Section 10, to the extent Summit Broadband is required under the terms and provisions of any easement, right-of-way, lease, indefeasible right of use agreement or other agreement relating to the provisioning of any Service hereunder (“Use Agreement”), to indemnify the grantor or provider thereof from and against any and all claims, demands, suits, judgments, liabilities, losses, or expenses arising out of or related to such Use Agreements, regardless of the cause, Customer hereby releases, and waives any claims against such grantor or provider from the same.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 Except to the extent of gross negligence, fraud or willful misconduct by CDS, or a claim arising out of CDS’ indemnification or confidentiality obligations set forth herein, CDS Indemnified Parties shall not be liable to Data Recipient or its affiliatesAffiliates, or to any other Person, for Claims and Losses related to the Exchange Data, including for any inaccurate or incomplete Exchange Data received from CDS or from a Redistributor, any delays, interruptions, errors, or omissions in the furnishing thereof, or any direct, indirect or consequential damages arising from or occasioned by said inaccuracies, delays, interruptions, errors, or omissions. DATA RECIPIENT EXPRESSLY ACKNOWLEDGES THAT EXCHANGE DATA AND 8.02 ANY AND ALL MATERIAL RELATED TO EXCHANGE DATA, INCLUDING BUT NOT LIMITED TO THE CONTRARYSYSTEM AND CDS SPECIFICATIONS, NEITHER PARTY ARE BEING PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN SECTION 13, DATA RECIPIENT ACKNOWLEDGES THAT CDS INDEMNIFIED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EXCHANGE DATA, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT TO THE EXTENT OF GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT BY CDS, CDS INDEMNIFIED PARTIES SHALL IN ANY EVENT NOT BE LIABLE IN CONTRACTTO DATA RECIPIENT, TORTOR TO ANY OTHER PERSON, STRICT LIABILITY OR OTHERWISEFOR INDIRECT, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIESCONSEQUENTIAL, AFFILIATESEXEMPLARY, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTALSPECIAL, CONSEQUENTIAL INCIDENTAL OR PUNITIVE DAMAGES (SUCH ASOF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO DATA, LOSS OF BUSINESS OPPORTUNITY) OR LOST PROFITS, ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY CAUSE WHATSOEVER, EVEN IF CDS HAS BEEN ADVISED OF THE TERMS AND PROVISIONS POSSIBILITY OF THIS AGREEMENT SUCH DAMAGES. ABSENT GROSS NEGLIGENCE, FRAUD, OR OTHERWISEWILLFUL MISCONDUCT BY DATA RECIPIENT, INCLUDINGOR A CLAIM ARISING OUT OF DATA RECIPIENT’S INDEMNIFICATION OR CONFIDENTIALITY OBLIGATIONS SET FORTH HEREIN, WITHOUT LIMITATIONDATA RECIPIENT INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, ANY SUCH CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF DATA RECIPIENT HAS BEEN ADVISED OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING POSSIBILITY OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSEDAMAGES.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 Except to the extent of gross negligence, fraud or willful misconduct by CDS, or a claim arising out of CDS indemnification or confidentiality obligations set forth herein, CDS Indemnified Parties shall not be liable to Data Recipient or its Affiliates, or to any other Person, for Claims and Losses related to the Data, including for any inaccurate or incomplete Data received from CDS or from a Redistributor, any delays, interruptions, errors, or omissions in the furnishing thereof, or any direct, indirect or consequential damages arising from or occasioned by said inaccuracies, delays, interruptions, errors, or omissions. DATA RECIPIENT EXPRESSLY ACKNOWLEDGES THAT DATA AND 8.02 ANY AND ALL MATERIAL RELATED TO DATA, INCLUDING BUT NOT LIMITED TO THE CONTRARYSYSTEM AND CDS SPECIFICATIONS, NEITHER PARTY ARE BEING PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN SECTION 13, DATA RECIPIENT ACKNOWLEDGES THAT CDS INDEMNIFIED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EXCHANGE DATA, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT TO THE EXTENT OF GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT BY CDS, CDS INDEMNIFIED PARTIES SHALL IN ANY EVENT NOT BE LIABLE IN CONTRACTTO DATA RECIPIENT, TORTOR TO ANY OTHER PERSON, STRICT LIABILITY OR OTHERWISEFOR INDIRECT, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIESCONSEQUENTIAL, AFFILIATESEXEMPLARY, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTALSPECIAL, CONSEQUENTIAL INCIDENTAL OR PUNITIVE DAMAGES (SUCH ASOF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO DATA, LOSS OF BUSINESS OPPORTUNITY) OR LOST PROFITS, ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY CAUSE WHATSOEVER, EVEN IF CDS HAS BEEN ADVISED OF THE TERMS AND PROVISIONS POSSIBILITY OF THIS AGREEMENT SUCH DAMAGES. ABSENT GROSS NEGLIGENCE, FRAUD, OR OTHERWISEWILLFUL MISCONDUCT BY DATA RECIPIENT, INCLUDINGOR A CLAIM ARISING OUT OF DATA RECIPIENT’S INDEMNIFICATION OR CONFIDENTIALITY OBLIGATIONS SET FORTH HEREIN, WITHOUT LIMITATIONDATA RECIPIENT INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, ANY SUCH CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF DATA RECIPIENT HAS BEEN ADVISED OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING POSSIBILITY OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSEDAMAGES.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 APM SHALL HAVE NO LIABILITY TO PURCHASER FOR ANY CLAIM, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY, INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY THE CONTRARYEQUIPMENT, NEITHER PARTY SHALL BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN, BY ANY INCIDENT WHATSOEVER IN ANY EVENT BE LIABLE CONNECTION THEREWITH, ARISING IN CONTRACTSTRICT LIABILITY, TORT, STRICT LIABILITY NEGLIGENCE OR OTHERWISE. EXCEPT AS CONTAINED HEREIN, TO THE OTHER PARTY APM MAKES NO EXPRESS OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, IMPLIED WARRANTIES OF ANY KIND, IN INCLUDING THOSE OF MERCHANT ABILTITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT USE WITH THE RESPECT TO THE LIMITATIONS STATED IN THIS AGREEMENTEQUIPMENT, OR PATENT, TRADEMARK, AND COPYRIGHT INFRINGEMENT AND EXPRESSLY DISCLAIMS THE SAME. IF ANY EQUIPMENT OR ANY PART THEREOF IS NEW EQUIPMENT, PURCHASER ACKNOWLEDGES RECEIPT OF PRODUCT WARRANTY INFORMATION PROVIDED BY THE MANUFACTURER. PURCHASER FURTHER ACKNOWLEDGES THAT ITS SOLE REMEDY FOR THE BREACH OF ANY SUCH WARRANTY SHALL BE AGAINST THE MANUFACTURER AND NOT AGAINST APM AND THAT ANY SUCH BREACH SHALL NOT AFFECT THE OBLIGATIONS OF THE PURCHASER TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTSAPM HEREUNDER. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENTACCEPTED BY APM: ACCEPTED BY PURCHASER: APM eCONNECT By: /s/ Xxxxxxx Xxxx By: /s/ Xxxxxx X. Xxxxxx Xxxxxxx Xxxx, DISTRIBUTOR MAKES NO WARRANTIESPresident Xxxxxx X. Xxxxxx, EXPRESS OR IMPLIEDPresident APPENDIX "A" All Research, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSEDevelopment and Design is paid for by eConnect, Inc. A working prototype to be finalized in mid February 2000. Procurement of the build components and production can start immediately after final visual and written approval from eConnect.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY7.1 UNLESS EXPRESSLY PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW, NEITHER PARTY SHALL IN ANY EVENT BANK’S LIABILITY IS LIMITED AS FOLLOWS: BANK WILL NOT BE LIABLE TO CUSTOMER FOR PERFORMING OR FAILING TO PERFORM THE SERVICE UNDER OR IN CONTRACTCONNECTION WITH THIS AGREEMENT UNLESS BANK HAS ACTED IN BAD FAITH OR WITH GROSS NEGLIGENCE. WITHOUT LIMITING THE FOREGOING, TORTBANK WILL NOT BE LIABLE FOR DELAYS OR MISTAKES WHICH HAPPEN BECAUSE OF REASONS BEYOND BANK’S CONTROL, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH ASINCLUDING, BUT NOT LIMITED TO, LOSS ACTS OF PROFITS BANKING AUTHORITIES, NATIONAL EMERGENCIES, ACTS OF GOD, FAILURE OF TRANSPORTATION, COMMUNICATION OR BUSINESS OPPORTUNITY) ARISING FROM POWER SUPPLY, OR MALFUNCTION OF OR UNAVOIDABLE DIFFICULTIES WITH BANK’S EQUIPMENT. SHOULD A PARTYCOURT ESTABLISH BANK’S PERFORMANCE LIABILITY TO CUSTOMER PURSUANT TO WHAT WAS DONE OR FAILURE TO PERFORM NOT DONE UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR, CUSTOMER MAY RECOVER FROM BANK ONLY CUSTOMER’S ACTUAL DAMAGES. IN NO EVENT SHALL DISTRIBUTOR WILL CUSTOMER BE LIABLE WITH RESPECT ABLE TO RECOVER FROM BANK ANY CONDITIONSINDIRECT, DEFECTSSPECIAL, DEFICIENCIESCONSEQUENTIAL, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN EXEMPLARY DAMAGES OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. LOST PROFITS WHETHER OR NOT BANK HAS NOTICE THEREOF. 7.2 EXCEPT AS EXPLICITLY OTHERWISE PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK, AND THE SERVICE IS PROVIDED “AS IS,” AND BANK AND ITS SERVICE PROVIDERS AND AGENTS DO NOT MAKE AND EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, WITHOUT BREACHES OF SECURITY OR WITHOUT DELAYS. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE LIABILITY OF BANK AND ITS SERVICE PROVIDERS AND AGENTS IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, (a) NEITHER PARTY SHALL IN ANY EVENT BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, COVER-TYPE, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, TORTWARRANTY, STRICT LIABILITY OR OTHERWISENEGLIGENCE, TO EVEN IF THE OTHER PARTY HAS BEEN ADVISED, KNEW OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY SHOULD HAVE KNOWN OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING POSSIBILITY OF SUCH PRODUCTSDAMAGES. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVISIONED HEREUNDER. SELLER SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NOTWITHSTANDING THE FOREGOING, SELLER’S TOTAL LIABILITY HEREUNDER SHALL IN NO EVENT EXCEED THE LESSER OF: BUYER’S PROVEN DIRECT DAMAGES OR AMOUNTS PAID TO SELLER IN CONNECTION WITH THE PROJECT. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 Except to the extent of fraud or willful misconduct by MEMX, or a claim arising out of MEMX’s indemnification or confidentiality obligations set forth herein, MEMX Indemnified Parties shall not be liable to Data Recipient or its affiliates, or to any other Person, for Claims and Losses related to the Exchange Data, including for any inaccurate or incomplete Exchange Data received from MEMX or from a Redistributor, any delays, interruptions, errors, or omissions in the furnishing thereof, or any direct, indirect or consequential damages arising from or occasioned by said inaccuracies, delays, interruptions, errors or omissions. DATA RECIPIENT EXPRESSLY ACKNOWLEDGES THAT EXCHANGE DATA AND 8.02 ANY AND ALL MATERIAL RELATED TO EXCHANGE DATA, INCLUDING BUT NOT LIMITED TO THE CONTRARYSYSTEM AND MEMX SPECIFICATIONS, NEITHER PARTY ARE BEING PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN SECTION 13, DATA RECIPIENT ACKNOWLEDGES THAT MEMX INDEMNIFIED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EXCHANGE DATA, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT TO THE EXTENT OF FRAUD OR WILLFUL MISCONDUCT BY MEMX, MEMX INDEMNIFIED PARTIES SHALL IN ANY EVENT NOT BE LIABLE IN CONTRACTTO DATA RECIPIENT, TORTOR TO ANY OTHER PERSON, STRICT LIABILITY OR OTHERWISEFOR INDIRECT, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIESCONSEQUENTIAL, AFFILIATESEXEMPLARY, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTALSPECIAL, CONSEQUENTIAL INCIDENTAL OR PUNITIVE DAMAGES (SUCH ASOF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO DATA, LOSS OF BUSINESS OPPORTUNITY) OR LOST PROFITS, ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY CAUSE WHATSOEVER, EVEN IF MEMX HAS BEEN ADVISED OF THE TERMS AND PROVISIONS POSSIBILITY OF THIS AGREEMENT SUCH DAMAGES. ABSENT FRAUD OR OTHERWISEWILLFUL MISCONDUCT BY DATA RECIPIENT, INCLUDINGOR A CLAIM ARISING OUT OF DATA RECIPIENT’S INDEMNIFICATION OR CONFIDENTIALITY OBLIGATIONS SET FORTH HEREIN, WITHOUT LIMITATIONDATA RECIPIENT INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, ANY SUCH CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF DATA RECIPIENT HAS BEEN ADVISED OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING POSSIBILITY OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSEDAMAGES.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 EXCEPT AS OTHERWISE PROVIDED HEREIN AND 8.02 SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL IDAHO CENTRAL CREDIT UNION, ITS OWNERS, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE EBRANCH SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE CONTRARYSERVICES DESCRIBED OR PROVIDED, NEITHER PARTY SHALL IN EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE EBRANCH SERVICE OR WITH THE TERMS OF THIS EBRANCH AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EBRANCH SERVICE. EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO EBRANCH. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY EVENT BE LIABLE IN CONTRACTKIND, TORTEXPRESS, STRICT LIABILITY IMPLIED, STATUTORY, OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH ASINCLUDING, BUT NOT LIMITED TO, LOSS IMPLIED WARRANTIES OF PROFITS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE PROVIDED. WE DO NOT WARRANT THAT THE EBRANCH SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FAILURE TO PERFORM UNDER ANY ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF THE TERMS AND PROVISIONS OF THIS AGREEMENT LIABILITY FOR CONSEQUENTIAL OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONINCIDENTAL DAMAGES MAY NOT APPLY, ANY SUCH DAMAGES ATTRIBUTABLE LIABILITY OF IDAHO CENTRAL CREDIT UNION, ITS OWNERS, DIRECTORS, OFFICERS, AND AGENTS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED GREATEST EXTENT PERMITTED BY DISTRIBUTOR. LAW, BUT SHALL, IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONSEVENT, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSEEXCEED ONE HUNDRED DOLLARS ($100.00).

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, NEITHER PARTY RELEASEES SHALL IN ANY EVENT NOT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF DIRECT, INDIRECT, INCIDENTAL, SPECIALOR CONSEQUENTIAL DAMAGES RESULTING FROM: (i) ANY AND ALL DEMANDS, RIGHTS, AND CAUSES OF ACTION OF WHATEVER KIND OR PUNITIVE DAMAGES NATURE, ARISING OUT OF ALL KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, BODILY AND PERSONAL INJURIES, DAMAGE TO PROPERTY, AND THE CONSEQUENCES THEREOF, INCLUDING DEATH, RESULTING FROM PARTICIPATION BY THE PARTICIPANT IN THE PROGRAM; (SUCH ASii) THE COST OF PROCUREMENT OF GOODS AND SERVICES IN CONNECTION WITH THE PROGRAM; (iii) ANY GOODS OR SERVICES PURCHASED OR OBTAINED IN CONNECTION WITH THE PROGRAM; OR (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF MY TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, TO DAMAGES FOR LOSS OF PROFITS PROFITS, USE, DATA OR BUSINESS OPPORTUNITY) ARISING FROM A PARTYOTHERINTANGIBLE. I EXPRESSLY AGREE THAT PARTICIPATION IN THE PROGRAM IS AT THE PARTICIPANT’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF MY, AS APPLICABLE, SOLE RISK. THE TERMS PROGRAM IS PROVIDED ON AN “AS IS” AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT“AS AVAILABLE” BASIS. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, RELEASEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 DEALER'S SOLE AND 8.02 TO EXCLUSIVE REMEDY FOR ANY DAMAGE OR LOSS ARISING IN CONNECTION WITH THE CONTRARYAPPLICATION OR INTERSECTION TECHNOLOGIES’ PERFORMANCE HEREUNDER SHALL BE RETURN OF A PRORATED PORTION OF THE FEES PAID BY DEALER, NEITHER PARTY WHICH DEALER HEREBY AGREES IS A FAIR AND EQUITABLE REMEDY. UNDER NO CIRCUMSTANCES SHALL IN ANY EVENT INTERSECTION TECHNOLOGIES BE LIABLE IN CONTRACTTO DEALER OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF USE, TORTREVENUE OR PROFIT, STRICT LIABILITY LOST OR OTHERWISEDAMAGED DATA, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS COMMERCIAL OR ECONOMIC LOSS, OR FOR ANY TYPE OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO DEALER’S USE OR PUNITIVE DAMAGES (SUCH ASRELIANCE UPON THE APPLICATION, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY EVEN IF ADVISED OF THE TERMS AND PROVISIONS POSSIBILITY OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF ANY TERM THE FUNDAMENTAL OR PROVISION MATERIAL TERMS OF THIS AGREEMENT. COMPANY ACKNOWLEDGES THE APPLICATION IS MADE AVAILABLE ON AN “AS IS” BASIS ONLY AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR INTERSECTION TECHNOLOGIES MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, OR REPRESENTATIONS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTERS, INCLUDING WITHOUT LIMITATION ANY WARRANTY LIMITATATION NON-INFRINGEMENT OF MERCHANTABILITY THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. DEALER REMAINS SOLELY RESPONSIBLE FOR OPERATING DEALER’S BUSINESS RESPONSIBLY.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AbsentExcept to the extent of fraud or willful misconduct by CDS, or a claim arising out of CDS’ indemnification or confidentiality obligations set forth herein, CDS, its officers, directors, shareholders, employees, agents and consultants Indemnified Parties shall not be liable to Data Recipient or its affiliates, or to any other Person, for Claims and Losses related to the Exchange Data User or its affiliates, including for any inaccurate or incomplete Exchange Data received from CDS or from a Redistributor, any delays, interruptions, errors, or omissions in the furnishing thereof, or any direct, indirect or consequential damages arising from or occasioned by said inaccuracies, delays, interruptions, errors or omissions. DATA RECIPIENT EXPRESSLY ACKNOWLEDGES THAT EXCHANGE DATA AND 8.02 ANY AND ALL MATERIAL RELATED TO EXCHANGE DATA, INCLUDING BUT NOT LIMITED TO THE CONTRARYSYSTEM AND CDS SPECIFICATIONS, NEITHER PARTY ARE BEING PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN SECTION 13, DATA RECIPIENT EXPRESSLY ACKNOWLEDGES THAT CDS DOESINDEMNIFIED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EXCHANGE DATA, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ABSENTEXCEPT TO THE EXTENT OF FRAUD OR WILLFUL MISCONDUCT BY CDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONSULTANTSCDS INDEMNIFIED PARTIES SHALL IN ANY EVENT NOT BE LIABLE IN CONTRACTTO DATA RECIPIENT, TORTOR TO ANY RECIPIENT OF EXCHANGE DATA REDISTRIBUTED BY DATA RECIPIENTOTHER PERSON, STRICT LIABILITY OR OTHERWISEFOR INDIRECT, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIESCONSEQUENTIAL, AFFILIATESEXEMPLARY, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTALSPECIAL, CONSEQUENTIAL INCIDENTAL OR PUNITIVE DAMAGES (SUCH ASOF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO DATA, LOSS OF BUSINESS OPPORTUNITY) OR LOST PROFITS, ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY CAUSE WHATSOEVER, EVEN IF CDS HAS BEEN ADVISED OF THE TERMS POSSIBILITY OF SUCH DAMAGES. ABSENT FRAUD OR WILLFUL MISCONDUCT BY DATA RECIPIENT, OR A CLAIM ARISING OUT OF DATA RECIPIENT’S INDEMNIFICATION OR CONFIDENTIALITY OBLIGATIONS SET FORTH HEREIN, DATA RECIPIENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PROVISIONS OF THIS AGREEMENT CONSULTANTS INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH PUNITIVE DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF DATA RECIPIENT HAS BEEN ADVISED OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING POSSIBILITY OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSEDAMAGES.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 DEALER’S SOLE AND 8.02 TO EXCLUSIVE REMEDY FOR ANY DAMAGE OR LOSS ARISING IN CONNECTION WITH THE CONTRARYAPPLICATION OR Dealertrack F&I Aftermarket Network’ PERFORMANCE HEREUNDER SHALL BE RETURN OF A PRORATED PORTION OF THE FEES PAID BY DEALER, NEITHER PARTY WHICH DEALER HEREBY AGREES IS A FAIR AND EQUITABLE REMEDY. UNDER NO CIRCUMSTANCES SHALL IN ANY EVENT Dealertrack F&I Aftermarket Network BE LIABLE IN CONTRACTTO DEALER OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF USE, TORTREVENUE OR PROFIT, STRICT LIABILITY LOST OR OTHERWISEDAMAGED DATA, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS COMMERCIAL OR ECONOMIC LOSS, OR FOR ANY TYPE OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO DEALER’S USE OR PUNITIVE DAMAGES (SUCH ASRELIANCE UPON THE APPLICATION, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY EVEN IF ADVISED OF THE TERMS AND PROVISIONS POSSIBILITY OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF ANY TERM THE FUNDAMENTAL OR PROVISION MATERIAL TERMS OF THIS AGREEMENT. COMPANY ACKNOWLEDGES THE APPLICATION IS MADE AVAILABLE ON AN “AS IS” BASIS ONLY AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR Dealertrack F&I Aftermarket Network MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, OR REPRESENTATIONS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTERS, INCLUDING WITHOUT LIMITATION ANY WARRANTY LIMITATATION NON-INFRINGEMENT OF MERCHANTABILITY THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. DEALER REMAINS SOLELY RESPONSIBLE FOR OPERATING DEALER’S BUSINESS RESPONSIBLY.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, NEITHER PARTY RELEASEES SHALL IN ANY EVENT NOT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM: PROGRAM PARTICIPATION. (i) ANY AND ALL DEMANDS, RIGHTS, AND CAUSES OF ACTION OF WHATEVER KIND OR PUNITIVE DAMAGES NATURE, ARISING OUT OF ALL KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, BODILY AND PERSONAL INJURIES, DAMAGE TO PROPERTY, AND THE CONSEQUENCES THEREOF, INCLUDING DEATH, RESULTING FROM PARTICIPATION BY THE PARTICIPANT IN THE PROGRAM; (SUCH ASii) THE COST OF PROCUREMENT OF GOODS AND SERVICES IN CONNECTION WITH THE PROGRAM; (iii) ANY GOODS OR SERVICES PURCHASED OR OBTAINED IN CONNECTION WITH THE PROGRAM; OR (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF MY TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, TO DAMAGES FOR LOSS OF PROFITS PROFITS, USE, DATA OR BUSINESS OPPORTUNITY) ARISING FROM A PARTYOTHER INTANGIBLE. I EXPRESSLY AGREE THAT PARTICIPATION IN THE PROGRAM IS AT THE PARTICIPANT’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF MY, AS APPLICABLE, SOLE RISK. THE TERMS PROGRAM IS PROVIDED ON AN “AS IS” AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT“AS AVAILABLE” BASIS. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, RELEASEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 EXCEPT TO THE CONTRARYEXTENT OF IEX’S FRAUD OR WILLFUL MISCONDUCT, NEITHER PARTY THE IEX INDEMNIFIED PARTIES SHALL IN HAVE NO LIABILITY WHATSOEVER TO ANY EVENT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY DATA SUBSCRIBER OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES ANY DATA USER, OR TO ANY OTHER OPERATORS PERSON FOR ANY TYPE OF INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE (SUCH AS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS BUSINESS, LOSS OF PROFITS, LOSS OF REVENUES OR ANTICIPATED PROFITS, BUSINESS OPPORTUNITY) INTERRUPTION, LOSS OF OR DAMAGE TO DATA, TRADING LOSSES, REPUTATIONAL DAMAGES, LOST SAVINGS OR OTHER SIMILAR PECUNIARY OR INDIRECT LOSS), RESULTING FROM, IN CONNECTION WITH, OR ARISING FROM A PARTY’S PERFORMANCE OUT OF THIS AGREEMENT, THE ADDITIONAL DOCUMENATION, OR FAILURE TO PERFORM UNDER ANY USE OF THE TERMS IEX MARKET DATA, INCLUDING BUT NOT LIMITED TO, FOR ANY INACCURATE OR INCOMPLETE IEX MARKET DATA RECEIVED FROM IEX OR FROM ANY OTHER PARTY, ANY DELAYS, INTERRUPTIONS, ERRORS, UNAVAILABILITY, OR OMISSIONS IN THE FURNISHING THEREOF, OR BY REASON OF SUSPENSION IN OPERATION, EVEN IF THE IEX INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE MAXIMUM EXTENT PERMITTED BY LAW. IEX DOES NOT REPRESENT OR WARRANT THAT THE IEX MARKET DATA WILL MEET ANY OR ALL OF DATA SUBSCRIBER’S PARTICULAR REQUIREMENTS, THAT THE IEX MARKET DATA WILL BE COMPLETELY SECURE OR THAT ANY ERRORS IN THE IEX MARKET DATA CAN BE FOUND IN ORDER TO BE CORRECTED. ABSENT FRAUD, WILLFUL MISCONDUCT, OR NEGLIGENCE BY DATA SUBSCRIBER, ITS AFFILIATES OR ITS DATA USERS, AND PROVISIONS SUBJECT TO DATA SUBSCRIBER’S INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS SET FORTH HEREIN, THE DATA SUBSCRIBER INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE RESULTING FROM, IN CONNECTION WITH, OR ARISING OUT OF ANY CAUSE WHATSOEVER, EVEN IF DATA SUBSCRIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY PAYMENT OBLIGATIONS BY DATA SUBSCRIBER UNDER THIS AGREEMENT OR OTHERWISETHE ADDITIONAL DOCUMENTATION ARE NOT SUBJECT TO THIS CLAUSE. IEX WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO OFFER IEX MARKET DATA AND MATERIAL RELATED TO ACCESSING IEX MARKET DATA, INCLUDINGINCLUDING BUT NOT LIMITED TO, WITHOUT LIMITATIONTHE IEX SYSTEM, IEX SPECIFICATIONS AND IEX MARKET DATA POLICIES. NOTWITHSTANDING THE FOREGOING, DATA SUBSCRIBER ACKNOWLEDGES THAT ALL IEX MARKET DATA AND ANY SUCH DAMAGES ATTRIBUTABLE AND ALL MATERIAL RELATED TO A BREACH OF ACCESSING IEX MARKET DATA, INCLUDING BUT NOT LIMITED TO, THE IEX SYSTEM AND IEX SPECIFICATIONS AND IEX MARKET DATA POLICIES, ARE BEING PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE.” DATA SUBSCRIBER ACKNOWLEDGES THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE IEX INDEMNIFIED PARTIES DO NOT MAKE ANY TERM REPRESENTATIONS OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO IEX MARKET DATA, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TIMELINESS, TRUTHFULNESS, SEQUENCE, COMPLETENESS, RESULTS, QUALITY, PERFORMANCE, SPEED OF DELIVERY, FUNCTIONALITY, RELIABILITY, ACCURACY, FREEDOM FROM INTERRUPTION, ANY IMPLIED WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR RELATING ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE ARISING OUT OF OR RELATED TO (I) THIS AGREEMENT OR THE ADDITIONAL DOCUMENTATION; (II) THE IEX MARKET DATA AND ALL MATERIAL RELATED TO ACCESSING IEX MARKET DATA, INCLUDING BUT NOT LIMITED TO, THE IEX SYSTEM, IEX SPECIFICATIONS AND IEX MARKET DATA POLICIES; AND/OR (III) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION OR IEX MARKET DATA TO OR FROM IEX. DATA SUBSCRIBER AGREES THAT THE IEX MARKET DATA IS NOT INVESTMENT ADVICE NOR DOES IT CONSTITUTE OPINIONS OR BELIEFS OF IEX, OR ANY PRODUCTS SUPPLIED OF ITS RESPECTIVE AFFILIATES OR ANY OF ITS RESPECTIVE EMPLOYEES. IEX EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY DISTRIBUTOR EXCEPTNEGLIGENCE OR ANY OTHER ERROR MADE BY HUMAN OR MACHINE CONCERNING THE PRODUCTION, SUBJECT TO COMPILATION, OR DISTRIBUTION OF IEX MARKET DATA. DATA SUBSCRIBER EXPRESSLY ASSUMES THE LIMITATIONS STATED IN THIS AGREEMENTENTIRE RISK FOR THE RECEIPT, USE, RESULTS AND PERFORMANCE OF IEX MARKET DATA. EXCEPT TO THE EXTENT OF DISTRIBUTORIEX’S ACTUAL NEGLIGENCE IN ITS HANDLING FRAUD OR WILLFUL MISCONDUCT, THE AGGREGATE LIABILITY OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN IEX ARISING UNDER OR RELATED TO THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIESTHE ADDITIONAL DOCUMENTATION, EXPRESS OR IMPLIEDTHE SUBJECT MATTER HEREOF FOR ALL CLAIMS, INCLUDING WITHOUT LIMITATION COSTS, LOSSES AND DAMAGES IS LIMITED TO THE AMOUNT OF DATA SUBSCRIBER’S DIRECT DAMAGES THAT ARE ACTUALLY INCURRED IN REASONABLE RELIANCE, AND WHICH SHALL NOT EXCEED THE FEES ACTUALLY PAID TO IEX BY DATA SUBSCRIBER OVER THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE ALLEGED INJURY OR DAMAGE THAT GAVE RISE TO THE LIABILITY. IEX AND ITS AFFILIATES SHALL NOT BE LIABLE TO DATA SUBSCRIBER OR TO ANY WARRANTY OTHER PERSON FOR THE INACCURACIES, DELAYS, INTERRUPTIONS, ERRORS, UNAVAILABILITY, OR OMISSIONS OF MERCHANTABILITY IEX MARKET DATA FROM IEX’S THIRD-PARTY INFORMATION PROVIDERS OR FITNESS FOR FROM ANY PARTICULAR PURPOSEIEX MARKET DATA RECEIVED FROM A DATA SUBSCRIBER.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 A. THE AGGREGATE LIABILITY OF MULTIGIG NETWORKS AND 8.02 TO THE CONTRARYITS AGENTS, NEITHER PARTY SHALL IN ANY EVENT BE LIABLE IN CONTRACTSUPPLIERS, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS AND LICENSORS FOR ANY TYPE AND ALL LOSSES, DAMAGES, AND CAUSES OF INCIDENTALACTION ARISING OUT OF THE AGREEMENT, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH ASINCLUDING, BUT NOT LIMITED TO, LOSS THE PERFORMANCE OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF THE TERMS SERVICE, AND PROVISIONS OF THIS AGREEMENT NOT OTHERWISE LIMITED HEREUNDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH SHALL NOT EXCEED DIRECT DAMAGES ATTRIBUTABLE EQUAL TO A BREACH THE SUM TOTAL OF ANY TERM PAYMENTS MADE BY CUSTOMER TO MULTIGIG NETWORKS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT FOR WHICH DAMAGES ARE CLAIMED. THIS LIMITATION SHALL NOT APPLY TO MULTIGIG NETWORKSINDEMNIFICATION OBLIGATIONS AND CLAIMS FOR DAMAGE TO PROPERTY AND/OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER PERSONAL INJURIES (INCLUDING DEATH) ARISING OUT OF THE PRODUCTS SUPPLIED BY DISTRIBUTORGROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF MULTIGIG NETWORKS WHILE ON THE CUSTOMER SERVICE LOCATION. B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT, IN NO EVENT SHALL DISTRIBUTOR THE AGGREGATE LIABILITY OF MULTIGIG NETWORKS AND ITS AGENTS, SUPPLIERS, AND LICENSORS UNDER THIS AGREEMENT FOR ALL INDEMNIFICATION OF INTELLECTUAL PROPERTY CLAIMS UNDER SECTION 6(i) OF THESE GENERAL TERMS AND CONDITIONS EXCEED THE GREATER OF (I) ONE (1) MILLION DOLLARS ($1,000,000) AND (II) THE SUM TOTAL OF PAYMENTS MADE BY CUSTOMER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE INTELLECTUAL PROPERTY CLAIM FIRST AROSE. C. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT, IN NO EVENT SHALL MULTIGIG NETWORKS AND ITS AGENTS, SUPPLIERS, AND LICENSORS BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.LOSS, DAMAGE, OR CLAIM ARISING OUT OF OR RELATED TO: (1) CONTENT OR DATA RECEIVED OR DISTRIBUTED BY CUSTOMER OR ITS USERS THROUGH THE SERVICES; (2) ANY ACT OR OMISSION OF CUSTOMER, ITS USERS, OR THIRD PARTIES NOT UNDER THE CONTROL OF MULTIGIG NETWORKS; (3) INTEROPERABILITY, INTERACTION, OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES NOT UNDER THE CONTROL OF MULTIGIG NETWORKS; OR

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO 9.1 EXCEPT FOR LIABILITY ARISING OUT OF A BREACH OF THE CONTRARYCONFIDENTIALITY OBLIGATIONS, NEITHER IN NO EVENT SHALL EITHER PARTY SHALL IN ANY EVENT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIESANY OTHER PERSON OR ENTITIY FOR THE COST OF SUBSITUTE GOODS OR SERVICES, AFFILIATESANY SPECIAL, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED, ARISING OUT OF OR RESULTING FROM THIS AGREEMENT OR THE USE OF THE PRODUCTS, REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE (INCLUDING WITHOUT LIMITATION DAMAGES (BASED ON LOSS OF PROFITS, DATA, FILES, OR BUSINESS INTERRUPTION OR OPPORTUNITY), AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH ASDAMAGES. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 9.2 TO THE EXTENT ALLOWABLE BY LAW, NO WARRANTY OF THE PRODUCT IS PROVIDED EXCEPT AS STIPULATED HEREIN. THE PRODUCT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, LOSS THE IMPLIED WARRANTIES OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM MERCHANTABILITY AND FITNESS FOR A PARTY’S PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF THE TERMS PRODUCT IS ASSUMED BY THE LICENSEE, SUBLICENSEE OR SUB-SUBLICENSEE, AS APPLICABLE, INCLUDING THE RISK THAT THE PRODUCTS MAY CONTAIN INGREDIENTS, INCLUDING BUT NOT LIMITED TO "SPF", WHICH HAVE BEEN DETERMINED OR MAY BE DETERMINED IN THE FUTURE BY THE APPROPRIATE GOVERNMENTAL AGENCY TO BE A CONTROLLED SUBSTANCE REQUIRING REGISTRATION. SHOULD THE PRODUCT PROVE DEFECTIVE OR REQUIRE REGISTRATION WITH THE APPLICABLE GOVERNMENTAL AGENCY, THE SUBLICENSEE (AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER SUBLICENSOR) SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, CORRECTION OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSEREGISTRATION.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, WARNINGS 6.1 NEITHER PARTY SHALL IN ANY EVENT WILL BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR PUNITIVE DAMAGES (SUCH ASNOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TOTO ANY LOSS REVENUE, LOSS OF PROFITS USE, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTYLOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S PERFORMANCE LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR FAILURE TO PERFORM UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT SOFTWARE PROVIDED BY COMCAST OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTSFOR EARLY TERMINATION CHARGES. EXCEPT AS EXPLICITLY OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES THE ENTIRE LIABILITY OF COMCAST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS (“ASSOCIATED PARTIES”) FOR LOSS, DAMAGES AND 6.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMCAST DOES NOT WARRANT THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. 6.3 COMCAST MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE FOR USE BY THIRD PARTIES. 6.4 IN NO EVENT SHALL COMCAST, OR ITS ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED, TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER, ITS USERS OR THIRD PARTIES; (iii) INTEROPERABILITY, INTERACTION OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; OR (iv) LOSS OR DESTRUCTION OF ANY CUSTOMER HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE IT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY IS PROVIDED, SUCH EXPRESS REMEDY WILL BE THE SOLE AND 8.02 TO THE CONTRARYEXCLUSIVE REMEDY. IF NO EXPRESS REMEDY IS PROVIDED, NEITHER PARTY SHALL IN ANY EVENT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE LIABILITY WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. NEITHER PARTY WILL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR FAILURE TO PERFORM INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT INDEMNITY PROVISION OR OTHERWISE, INCLUDING, . THE PARTIES INTEND THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE REGARD TO A BREACH THE CAUSES RELATED THERETO INCLUDING THE NEGLIGENCE OF ANY TERM PARTY, WHETHER SUCH NEGLIGENCE IS SOLE, JOINT OR PROVISION OF THIS AGREEMENTCONCURRENT, OR ACTIVE OR PASSIVE. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE CHARACTERIZED OR DEEMED TO BE LIQUIDATED DAMAGES, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTSTHE HARM OR LOSS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENTFOR ANY REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, DISTRIBUTOR CHAMPION EXPRESSLY DISCLAIMS AND MAKES NO WARRANTIES, EXPRESS WHETHER WRITTEN OR IMPLIEDORAL, WITH RESPECT TO THE ELECTRICITY SUPPLIED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY A PARTICULAR PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THIS AGREEMENT. FURTHER, IT IS UNDERSTOOD CHAMPION SHALL NOT BE LIABLE FOR MATTERS WITHIN THE CONTROL OF THE TDU OR ERCOT, WHICH MAY RESULT FROM THE MAINTENANCE OR OPERATION OF ELECTRIC LINES AND SYSTEMS.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. 10.1 NOTWITHSTANDING SECTIONS 8.01 AND 8.02 ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, NEITHER NO PARTY SHALL IN ANY EVENT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE ANY OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL COSTS, LIABILITIES OR PUNITIVE DAMAGES (DAMAGES, WHETHER FORESEEABLE OR NOT, ARISING OUT OF, OR IN CONNECTION WITH, SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S 'S PERFORMANCE OR FAILURE TO PERFORM NON- * CONFIDENTIAL TREATMENT REQUEST - Confidential portion has been omitted and filed separately with the Commission. 21 PERFORMANCE OF ITS OBLIGATIONS UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE OTHERWISE RELATED TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED . 10.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR 360AMERICAS MAKES NO WARRANTIESWARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CAPACITY, OR ANY SERVICES PERFORMED UNDER THIS AGREEMENT AND 360AMERICAS HEREBY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR USE. THE WARRANTIES SET FORTH IN THIS AGREEMENT, IF ANY, CONSTITUTE THE ONLY WARRANTIES MADE BY 360AMERICAS TO CUSTOMER WITH RESPECT TO THIS AGREEMENT OR THE CAPACITY AND ARE MADE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED. 10.3 The Parties expressly agree that no claim for losses or damages whatsoever in connection with this Agreement or a claim for indemnity under the provisions of Article 9 shall be made more than two (2) years after the date that the event giving rise to such claim is known or reasonably should have been known to the Party making such claim. 10.4 360americas will provide the Capacity purchased under this Agreement subject to the provisions of the service level agreement attached hereto in Exhibit F (the "Service Level Agreement"). [ ]* 10.5 NOTWITHSTANDING ANY PARTICULAR PURPOSEPROVISION OF THIS AGREEMENT TO THE CONTRARY, THE MAXIMUM LIABILITY (IF ANY) OF ANY PARTY TO THE OTHER PARTY IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED, IN THE AGGREGATE, TO $[ ]*, PROVIDED, HOWEVER, THAT THIS LIMITATION SHALL NOT LIMIT IN ANY WAY CUSTOMER'S OBLIGATION TO PAY 360AMERICAS ANY FEES DUE UNDER THIS AGREEMENT AND SHALL NOT RESTRICT EITHER PARTY'S RIGHT TO PROCEED FOR INJUNCTIVE RELIEF. 10.6 360americas represents that it has entered into the Supply Contract to obtain plant, equipment and services necessary to allow the Capacity to be placed into operation by the Target RFCS Dates. Neither 360americas nor any of its Affiliates warrants or guarantees that the RFCS Date for any Segment of the 360americas System will occur and 360america and its Affiliates will have no obligation under this Agreement or otherwise unless and until the applicable RFCS date occurs. Notwithstanding any other provision of this Agreement, Customer acknowledges and agrees that 360americas and its Affiliates shall not be liable for any failure to perform on the part of Alcatel and its successors as contractors under the Supply Contract.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, WARNINGS 6.1 NEITHER PARTY SHALL IN ANY EVENT WILL BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR PUNITIVE DAMAGES (SUCH ASNOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TOTO ANY LOSS REVENUE, LOSS OF PROFITS USE, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTYLOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S PERFORMANCE LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR FAILURE TO PERFORM UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT SOFTWARE PROVIDED BY COMCAST OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTSFOR EARLY TERMINATION CHARGES. EXCEPT AS EXPLICITLY OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES THE ENTIRE LIABILITY OF COMCAST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS FOR LOSS, DAMAGES AND CLAIMS ARISING OUT OF THE DELIVERY OF THE SERVICES INCLUDING, BUT 6.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMCAST DOES NOT WARRANT THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. 6.3 COMCAST MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE FOR USE BY THIRD PARTIES. 6.4 IN NO EVENT SHALL COMCAST, OR ITS ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED, TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER, ITS USERS OR THIRD PARTIES; (iii) INTEROPERABILITY, INTERACTION OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; OR (iv) LOSS OR DESTRUCTION OF ANY CUSTOMER HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE IT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. 12.1. VIKING CLOUD’S AGGREGATE LIABILITY TO CLIENT, REGARDLESS OF THEORY OF LIABILITY, FOR ALL CLAIMS, DAMAGES, COSTS, LOSSES, EXPENSES AND OTHER AMOUNTS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE FEES PAID TO VIKING CLOUD BY CLIENT IN THE TWELVE MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARYFORGOING, NEITHER ANY LIABILITY IN RESPECT OF FRAUD, FRAUDULENT MISREPRESENTATION, PERSONAL INJURY OR DEATH CAUSED BY VIKING CLOUD’S GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT SHALL NOT BE LIMITED OR EXCLUDED. NO ACTION ARISING OUT OF THIS AGREEMENT, REGARDLESS OF FORM, MAY BE BROUGHT BY EITHER PARTY SHALL MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. 12.2. IN ANY NO EVENT WILL VIKING CLOUD BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH ASDAMAGES, WHETHER FORSEEABLE OR UNFORSEEABLE, OF ANY KIND WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH FURNISHING, PERFORMANCE OR USE OF THE SERVICES PERFORMED HEREUNDER, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PROFITS REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OR DAMAGE TO GOODWILL, LOSS OF DATA, LOSS OF USE OF SYSTEM(S) OR NETWORK OR THE RECOVERY OF SUCH, BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE INTERRUPTION OR FAILURE TO PERFORM UNDER ANY DOWNTIME, EVEN IF VIKING CLOUD HAS BEEN ADVISED OF THE TERMS AND PROVISIONS POSSIBILITY OF THIS AGREEMENT SUCH DAMAGES OR LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. FURTHER, VIKING CLOUD SHALL NOT BE LIABLE FOR ANY DAMAGES DUE TO THE DELAY IN PERFORMING THE SERVICES. 12.3. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6.1, VIKING CLOUD DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO WARRANTIES REGARDING QUALITY, MERCHANTABILITY, FITNESS FOR A BREACH PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, OF ANY TERM SERVICES OR PROVISION OF GOODS PROVIDED UNDER THIS AGREEMENT. COMPANY ACKNOWLEDGES THERE IS NO WARRANTY THAT THE SERVICES OR TECHNOLOGY EMPLOYED TO FURNISH THE SERVICES ARE ERROR OR DEFECT FREE, TIMELY, OR THAT THEY WILL OPERATE UNINTERRUPRTED. CLIENT UNDERSTANDS AND AGREES THAT DISTRIBUTOR IS (1) RECEIVING THE SERVICES DOES NOT THE MANUFACTURER GUARANTEE THAT CLIENT’S SYSTEMS WILL BE PROTECTED, SECURE OR PRODUCER INVULNERABLE AND (2) VIKING CLOUD DOES NOT GUARANTEE OR WARRANT THAT IT WILL UNCOVER OR FIND ALL OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONSCLIENT’S SYSTEM EXPOSURES INCLUDING BUT NOT LIMITED TO, DEFECTSVULNERABILITIES, DEFICIENCIESUNAUTHORIZED ACCESS, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSEMALWARE.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, NEITHER PARTY SHALL IN ANY EVENT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, WARNINGS 6.1 NEITHER PARTY SHALL IN ANY EVENT WILL BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY JOYTEL OR FOR EARLY TERMINATION CHARGES AND THOSE CHARGES REFERENCED IN SECTION 5.2 AND 5.2. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF JOYTEL AND ITS RESPECTIVE SUBSIDIARIESOFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, FRANCHISEES AGENTS, SUPPLIERS OR OTHER OPERATORS CONTRACTORS (“ASSOCIATED PARTIES”) FOR ANY TYPE LOSS, DAMAGES AND CLAIMS ARISING OUT OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH ASTHE DELIVERY OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS DELAY IN THE INSTALLATION OF PROFITS SERVICES OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S THE PERFORMANCE OR FAILURE TO PERFORM UNDER ANY NONPERFORMANCE OF THE TERMS AND PROVISIONS OF SERVICES OR THE JOYTEL EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE ARE EXCLUSIVE AND LIMITED TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES . 6.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT WITH RESPECT TO THE SERVICES, JOYTEL EQUIPMENT, OR LICENSED SOFTWARE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JOYTEL DOES NOT WARRANT THAT THE SERVICES, JOYTEL EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, JOYTEL EQUIPMENT, OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, JOYTEL EQUIPMENT, OR LICENSED SOFTWARE WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. 6.3 JOYTEL MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, JOYTEL EQUIPMENT, OR LICENSED SOFTWARE FOR USE BY THIRD PARTIES. 6.4 IN NO EVENT SHALL JOYTEL, OR ITS ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED, TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER,

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, WARNINGS 6.1 NEITHER PARTY SHALL IN ANY EVENT WILL BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, PROVIDED, HOWEVER, THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS OWED FOR THE SERVICES, FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY COMCAST OR FOR EARLY TERMINATION CHARGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE LIABILITY OF COMCAST AND ITS RESPECTIVE SUBSIDIARIESOFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, FRANCHISEES AGENTS, SUPPLIERS OR OTHER OPERATORS CONTRACTORS (“ASSOCIATED PARTIES”) FOR ANY TYPE LOSS, DAMAGES AND CLAIMS ARISING OUT OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH ASTHE DELIVERY OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS DELAY IN THE INSTALLATION OF PROFITS SERVICES OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S THE PERFORMANCE OR FAILURE TO PERFORM UNDER ANY NONPERFORMANCE OF THE TERMS AND PROVISIONS OF SERVICES OR THE COMCAST EQUIPMENT SHALL BE LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE ARE EXCLUSIVE AND LIMITED TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES . 6.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMCAST DOES NOT WARRANT THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. 6.3 COMCAST MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE FOR USE BY THIRD PARTIES. 6.4 IN NO EVENT SHALL COMCAST, OR ITS ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED, TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER, ITS USERS OR THIRD PARTIES; (iii) INTEROPERABILITY,

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 10.1 TO THE CONTRARYMAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL IN ANY EVENT TRUSTWAVE WILL NOT BE LIABLE TO CLIENT FOR (1) ANY ACTS OR OMISSIONS WHICH ARE NOT THE RESULT OF TRUSTWAVE’S GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT, (2) ANY AMOUNTS IN CONTRACTEXCESS OF ANY FEES PAID TO TRUSTWAVE BY CLIENT IN THE TWELVE MONTHS PRECEDING THE CLAIM, TORT(3) ANY OUTAGES OR SLOW DOWNS OF CLIENT'S COMPUTER SYSTEMS RESULTING FROM THE PERFORMANCE OF ANY SERVICES UNLESS SUCH ARE THE RESULT OF TRUSTWAVE’S GROSS NEGLIGENCE, STRICT LIABILITY RECKLESSNESS OR OTHERWISEWILLFUL MISCONDUCT, OR (4) ANY LOSSES, COSTS, DAMAGES OR EXPENSES INCURRED BY CLIENT RESULTING FROM THE PERFORMANCE OF ANY TEST, UNLESS SUCH ARE THE RESULT OF TRUSTWAVE’S GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT. 10.2 TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIESMAXIMUM EXTENT PERMITTED BY LAW, AFFILIATES, FRANCHISEES OR OTHER OPERATORS IN NO EVENT WILL TRUSTWAVE BE LIABLE FOR ANY TYPE LOSS OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TOPROFITS, LOSS OF PROFITS USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR BUSINESS OPPORTUNITY) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING FROM A PARTY’S OUT OF THE FURNISHING, PERFORMANCE OR FAILURE TO PERFORM UNDER ANY USE OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISESERVICES PERFORMED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO WHETHER ALLEGED AS A BREACH OF ANY TERM CONTRACT OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF TRUSTWAVE HAS BEEN ADVISED OF THE PRODUCTS SUPPLIED BY DISTRIBUTORPOSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DISTRIBUTOR ADDITION, TRUSTWAVE WILL NOT BE LIABLE WITH RESPECT TO FOR ANY CONDITIONSDAMAGES CAUSED BY DELAY IN DELIVERY OR FURNISHING THE SERVICES. 10.3 ANY REPRESENTATION, DEFECTSWARRANTY, DEFICIENCIESCONDITION OR UNDERTAKING THAT WOULD BE IMPLIED IN THIS AGREEMENT BY LEGISLATION, DANGERSCOMMON LAW, FAULTS EQUITY, TRADE, COURSE OF DEALING, CUSTOM OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT USAGE IS EXCLUDED TO THE LIMITATIONS STATED IN THIS AGREEMENTMAXIMUM EXTENT PERMITTED BY LAW. Trustwave does not warrant that the Equipment or Services are offered without defect or error, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTSor that the operation of the Equipment or availability of the Services will be uninterrupted or error-free. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENTFurthermore, DISTRIBUTOR MAKES NO WARRANTIESClient acknowledges and understands that: Receiving the Services or purchasing TPP does not guarantee that Client's information systems will be secure; 10.4 Client is responsible for managing and maintaining access rights and logical security, EXPRESS OR IMPLIEDsystem security, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSEdatabase security and other information security for its own networks, platforms, and systems; and 10.5 Client is responsible at all times for making its own assessments and judgments regarding the configuration and suitability of its chosen security solutions. 10.6 Client will be solely responsible for all costs associated with repairing or replacing any Equipment damaged by accident; unusual physical, electrical, or electromagnetic stress; neglect; misuse; failure of electric power, air conditioning or humidity control; causes other than ordinary use; or any damage resulting from a breach of Client’s obligations hereunder.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, WARNINGS 6.1 NEITHER PARTY SHALL IN ANY EVENT WILL BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR PUNITIVE DAMAGES (SUCH ASNOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TOTO ANY LOSS REVENUE, LOSS OF PROFITS USE, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY LOSS OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISEPROFIT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES WHETHER 6.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMCAST DOES NOT WARRANT THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE WILL PREVENT 6.3 COMCAST MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, COMCAST EQUIPMENT, OR LICENSED SOFTWARE FOR USE BY THIRD PARTIES. 6.4 IN NO EVENT SHALL COMCAST, OR ITS ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED, TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER, ITS USERS OR THIRD PARTIES; (iii) INTEROPERABILITY, INTERACTION OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; OR (iv) LOSS OR DESTRUCTION OF ANY CUSTOMER HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE IT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY AND 8.02 TO THE CONTRARYALL DAMAGES WHATSOEVER UNDER, NEITHER PARTY SHALL IN CONNECTION OR OTHERWISE PERTAINING IN ANY EVENT BE LIABLE IN CONTRACTWAY TO THIS AGREEMENT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY REGARDLESS OF THE TERMS AND PROVISIONS OF THIS AGREEMENT NATURE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER THEORY OF THE PRODUCTS SUPPLIED CLAIM DURING THE TERM, SHALL NOT EXCEED THE AMOUNT PAID BY DISTRIBUTORCLIENT DURING THE 12-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. IN NO EVENT SHALL DISTRIBUTOR EITHER PARTY BE LIABLE WITH RESPECT TO FOR ANY CONDITIONSINDIRECT, DEFECTSSPECIAL, DEFICIENCIESINCIDENTAL, DANGERSPROFITS, FAULTS LOST BUSINESS OR FAILURESLOST SAVINGS, ANTICIPATED OR OTHERWISE (EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING POSSIBILITY OF SUCH PRODUCTSLOSS OR DAMAGE). EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR 3CI MAKES NO WARRANTIES, EXPRESS OR IMPLIEDREPRESENTATIONS AND DISCLAIMS ALL WARRANTIES REGARDING 3CI SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. 3CI SHALL NOT BE LIABLE FOR LOSS DUE TO BILLING OR LEGAL LIMITATIONS AND SHALL NOT BE LIABLE FOR ANY PARTICULAR PURPOSEACT OR OMISSION OF ANY THIRD PARTY WITH WHICH 3CI CONDUCTS BUSINESS TO ACCOMPLISH THE PURPOSES HEREIN COMTEMPLATED. BY USING THE 3CI SERVICES YOU ACKNOWLEDGE THAT THE SERVICES ARE DELIVERED ON AN "AS IS" "AS AVAILABLE BASIS" AND THAT EACH CARRIER MAKES NO WARRANTY THAT ITS SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT MESSAGES WILL REACH THEIR INTENDED DESTINATION. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT.