Common use of Limitation of Liability; Indemnification Clause in Contracts

Limitation of Liability; Indemnification. IT IS UNDERSTOOD AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER OR IN CONNECTION WITH THE MANUFACTURE, RENTAL OR USE OF THE EQUIPMENT DESCRIBED HEREIN, HOWSOEVER ARISING, SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, AND HOLD THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOME.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS CONTRACT, AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER IRRESPECTIVE OF ANY FAULT, NEGLIGENCE OR GROSS NEGLIGENCE OF ANY KIND, IN CONNECTION NO EVENT SHALL EITHER PARTY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, 62 59 INCIDENTAL, INDIRECT, RELIANCE OR SPECIAL (INCLUDING PUNITIVE) DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR THE COSTS ASSOCIATED WITH THE MANUFACTURE, RENTAL OR USE OF RESTORATION FACILITIES RESULTING FROM ITS FAILURE TO PERFORM PURSUANT TO THE EQUIPMENT DESCRIBED HEREINTERMS AND CONDITIONS OF THIS CONTRACT. B. EXCEPT AS SET FORTH BELOW IN THE LAST TWO SENTENCES OF THIS SUB-ARTICLE 23(B), HOWSOEVER ARISINGTHE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS RELATING TO SYSTEM UPGRADES, SHALL NOT EXCEED THE AMOUNT ONE HUNDRED PERCENT (100%) OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR CONTRACT PRICE. THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL CLAIMS RELATING TO SYSTEM UPGRADES (IF CONTRACTOR CAN PROVE THAT THE SYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN AND THUS SUCH CLAIMS DO NOT BE LIMITEDARISE UNDER CLAUSE (ii) OF SUB-ARTICLE 10(B)) SHALL NOT EXCEED ONE HUNDRED PERCENT (100%) OF THE APPLICABLE UPGRADE PRICE. BOTH PARTIES THE FOREGOING LIMITATION SHALL INDEMNIFY, DEFEND, NOT APPLY TO CLAIMS UNDER SUB-ARTICLES 19(A) AND HOLD 23(C). IF CONTRACTOR CANNOT PROVE THAT THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELYSYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN FOR A SYSTEM UPGRADE, THE “INDEMNITEES”CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER CLAUSE (ii) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES SUB-ARTICLE 10(B) SHALL NOT EXCEED ONE HUNDRED PERCENT (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES100%) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES UPGRADEABILITY LIABILITY LIMIT. C. Contractor, at its expense, shall defend, indemnify and hold harmless Purchaser, its affiliates, agents, subcontractors and employees (INCLUDING DEATHcollectively, the "Indemnitees") OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTYagainst any and all claims, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWINGproceedings, demands, costs, expenses, liabilities (including without limitation, reasonable legal fees), and judgements for losses (collectively, "Liabilities") asserted against or incurred by any Indemnitee, arising out of, or in connection with (a) this Contract, and/or the performance thereof by Contractor or any of its subcontractors, or (b) the operation and maintenance of the System prior to the risk of loss passing to Purchaser, resulting from acts or omissions of Contractor or any Subcontractor, regardless of whether involving errors, negligence or willful misconduct or resulting from, strict liability or statutory liability, except to the extent that such Liabilities were caused by the negligent acts or willful misconduct of Purchaser. The defense, indemnification and save harmless obligation is specifically conditioned on the following: (Ai) THE FAULTPurchaser providing prompt notification in writing of any such Liability when it obtains Actual Knowledge thereof, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENTunless such failure shall not have materially impaired Contractor's ability to defend against such claim; (Bii) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCEContractor having control of the defense of any such action, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOMEclaim or demand and of all negotiations for its settlement or compromise; and (iii) Purchaser cooperating, at Contractor's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement. The Purchaser, at its option, shall be entitled to participate, at its own expense, in any proceeding, claim or demand involving an Indemnitee. D. Purchaser, at its expense, shall defend, indemnify and hold harmless Contractor, its agents, subcontractors and employees against any and all claims, demands, and judgments for losses due to any act or omission, arising out of, or in connection with this Contract or, after risk of loss passes to Purchaser, the operation or maintenance of the System, to the extent such losses 63 60 were caused by the negligence or willful misconduct of the Purchaser, its subcontractors, employees or agents (other than Contractor). The defense, indemnification and save harmless obligation is specifically conditioned on the following (i) Contractor providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, unless such failure shall not have materially impaired Purchaser's ability to defend against such claim; (Cii) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENTPurchaser having control of the defense of any such action, claim or demand and of all negotiations for its settlement or compromise; and (Diii) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOMEContractor cooperating, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEat Purchaser's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS CONTRACT, AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER IRRESPECTIVE OF ANY FAULT, NEGLIGENCE OR GROSS NEGLIGENCE OF ANY KIND, IN CONNECTION NO EVENT SHALL EITHER PARTY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, RELIANCE OR SPECIAL (INCLUDING PUNITIVE) DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR THE COSTS ASSOCIATED WITH THE MANUFACTURE, RENTAL OR USE OF RESTORATION FACILITIES RESULTING FROM ITS FAILURE TO PERFORM PURSUANT TO THE EQUIPMENT DESCRIBED HEREINTERMS AND CONDITIONS OF THIS CONTRACT. * MATERIAL OMITTED AND SEPARATELY FILED WITH THE COMMISSION UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. 53 49 B. EXCEPT AS SET FORTH BELOW IN THE LAST TWO SENTENCES OF THIS SUB-ARTICLE 23(B), HOWSOEVER ARISINGTHE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS RELATING TO SYSTEM UPGRADES, SHALL NOT EXCEED THE AMOUNT * OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR CONTRACT PRICE. THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL CLAIMS RELATING TO SYSTEM UPGRADES (IF CONTRACTOR CAN PROVE THAT THE SYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN AND THUS SUCH CLAIMS DO NOT BE LIMITEDARISE UNDER CLAUSE (ii) OF SUB-ARTICLE 10(B)) SHALL NOT EXCEED * OF THE APPLICABLE UPGRADE PRICE. BOTH PARTIES THE FOREGOING LIMITATION SHALL INDEMNIFY, DEFEND, NOT APPLY TO CLAIMS UNDER SUBARTICLES 19(A) AND HOLD 23(C). IF CONTRACTOR CANNOT PROVE THAT THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELYSYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN FOR A SYSTEM UPGRADE, THE “INDEMNITEES”CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER CLAUSE (ii) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIESOF SUB-ARTICLE 10(B) SHALL NOT EXCEED *. C. Contractor, OBLIGATIONSat its expense, DAMAGESshall defend, JUDGMENTSindemnify and hold harmless Purchaser, PENALTIESits agents, CAUSES OF ACTIONsubcontractors and employees against any and all claims, COSTS AND EXPENSES (INCLUDINGdemands, WITHOUT LIMITATIONand judgments for losses due to any act or omission, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTYarising out of, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWINGor in connection with this Contract or, prior to risk of loss passing to Purchaser, the operation and maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Contractor, its subcontractors, employees or agents. The defense, indemnification and save harmless obligation is specifically conditioned on the following: (Ai) THE FAULTPurchaser providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENTunless such failure shall not have materially impaired Contractor's ability to defend against such claim; (Bii) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCEContractor having control of the defense of any such action, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOMEclaim or demand and of all negotiations for its settlement or compromise; and (iii) Purchaser cooperating, at Contractor's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement. D. Purchaser, at its expense, shall defend, indemnify and hold harmless Contractor, its agents, subcontractors and employees against any and all claims, demands, and judgments for losses due to any act or omission, arising out of, or in connection with this Contract or, after risk of loss passes to Purchaser, the operation or maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Purchaser, its subcontractors, employees or agents (other than Contractor). The defense, indemnification and save harmless obligation is specifically conditioned on the following (i) Contractor providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, unless such failure shall not have materially impaired Purchaser's ability to defend against such claim; (Cii) COMBINING MAMMOTOME’S EQUIPMENT Purchaser having control of the defense of any such action, claim or demand and of all negotiations for its settlement or compromise; and (iii) Contractor cooperating, at Purchaser's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement. * MATERIAL OMITTED AND SEPARATELY FILED WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOME.THE COMMISSION UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. 54 50

Limitation of Liability; Indemnification. IT IS UNDERSTOOD AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER OR a. OTHER THAN IN CONNECTION WITH THE MANUFACTUREA BREACH OF LICENSEE’S PAYMENT OBLIGATIONS TO KALTURA HEREUNDER, RENTAL OR USE OF THE EQUIPMENT DESCRIBED HEREIN, HOWSOEVER ARISING, NEITHER PARTY SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, AND HOLD LIABLE TO THE OTHER PARTYPARTY FOR ANY INCIDENTAL, ITS EMPLOYEESINDIRECT, DIRECTORSCONSEQUENTIAL, OFFICERS AND AGENTS (COLLECTIVELYSPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS, WHETHER SUCH LIABILITY IS ASSERTED ON THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES BASIS OF ACTION, COSTS AND EXPENSES CONTRACT (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) THE BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT), TORT (“CLAIMS”) IMPOSED UPON INCLUDING NEGLIGENCE OR INCURRED BY STRICT LIABILITY), OR ASSERTED AGAINST ANY OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN WARNED IN ADVANCE OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS POSSIBILITY OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES LOSS OR DAMAGE. IN WHOLE NO EVENT SHALL EITHER PARTY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT (OTHER THAN IN CONNECTION WITH A BREACH OF LICENSEE’S PAYMENT OBLIGATIONS TO KALTURA HEREUNDER) EXCEED THE AMOUNTS ACTUALLY PAID BY LICENSEE TO KALTURA PURSUANT TO THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITATION OF LIABILITY SET FORTH IN THIS PARAGRAPH DOES NOT APPLY IN CASES OF WILLFUL MISCONDUCT, FRAUD, OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWING: (A) THE FAULT, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER IN CONNECTION WITH EITHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEINDEMNIFICATION OBLIGATIONS.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS CONTRACT, AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER IRRESPECTIVE OF ANY FAULT, NEGLIGENCE OR GROSS NEGLIGENCE OF ANY KIND, IN CONNECTION NO EVENT SHALL EITHER PARTY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, RELIANCE OR SPECIAL (INCLUDING PUNITIVE) DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR THE COSTS ASSOCIATED WITH THE MANUFACTURE, RENTAL OR USE OF RESTORATION FACILITIES RESULTING FROM ITS FAILURE TO PERFORM PURSUANT TO THE EQUIPMENT DESCRIBED HEREINTERMS AND CONDITIONS OF THIS CONTRACT. * MATERIAL OMITTED AND SEPARATELY FILED WITH THE COMMISSION UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. B. EXCEPT AS SET FORTH BELOW IN THE LAST TWO SENTENCES OF THIS SUB-ARTICLE 23(B), HOWSOEVER ARISINGTHE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS RELATING TO SYSTEM UPGRADES, SHALL NOT EXCEED THE AMOUNT * OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR CONTRACT PRICE. THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL CLAIMS RELATING TO SYSTEM UPGRADES (IF CONTRACTOR CAN PROVE THAT THE SYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN AND THUS SUCH CLAIMS DO NOT BE LIMITEDARISE UNDER CLAUSE (ii) OF SUB-ARTICLE 10(B)) SHALL NOT EXCEED * OF THE APPLICABLE UPGRADE PRICE. BOTH PARTIES THE FOREGOING LIMITATION SHALL INDEMNIFY, DEFEND, NOT APPLY TO CLAIMS UNDER SUB- ARTICLES 19(A) AND HOLD 23(C). IF CONTRACTOR CANNOT PROVE THAT THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELYSYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN FOR A SYSTEM UPGRADE, THE “INDEMNITEES”CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER CLAUSE (ii) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIESOF SUB-ARTICLE 10(B) SHALL NOT EXCEED *. C. Contractor, OBLIGATIONSat its expense, DAMAGESshall defend, JUDGMENTSindemnify and hold harmless Purchaser, PENALTIESits agents, CAUSES OF ACTIONsubcontractors and employees against any and all claims, COSTS AND EXPENSES (INCLUDINGdemands, WITHOUT LIMITATIONand judgments for losses due to any act or omission, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTYarising out of, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWINGor in connection with this Contract or, prior to risk of loss passing to Purchaser, the operation and maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Contractor, its subcontractors, employees or agents. The defense, indemnification and save harmless obligation is specifically conditioned on the following: (Ai) THE FAULTPurchaser providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENTunless such failure shall not have materially impaired Contractor's ability to defend against such claim; (Bii) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCEContractor having control of the defense of any such action, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOMEclaim or demand and of all negotiations for its settlement or compromise; and (iii) Purchaser cooperating, at Contractor's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement. D. Purchaser, at its expense, shall defend, indemnify and hold harmless Contractor, its agents, subcontractors and employees against any and all claims, demands, and judgments for losses due to any act or omission, arising out of, or in connection with this Contract or, after risk of loss passes to Purchaser, the operation or maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Purchaser, its subcontractors, employees or agents (other than Contractor). The defense, indemnification and save harmless obligation is specifically conditioned on the following (i) Contractor providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, unless such failure shall not have materially impaired Purchaser's ability to defend against such claim; (Cii) COMBINING MAMMOTOME’S EQUIPMENT Purchaser having control of the defense of any such action, claim or demand and of all negotiations for its settlement or compromise; and (iii) Contractor cooperating, at Purchaser's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement. * MATERIAL OMITTED AND SEPARATELY FILED WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOME.THE COMMISSION UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. 50

Limitation of Liability; Indemnification. 1. Disclaimer of Liability and Consequential Damages. CUSTODIAN SHALL NOT BE LIABLE FOR ANY ACTION TAKEN OR OMITTED BY IT IS UNDERSTOOD IN GOOD FAITH UNLESS AS A RESULT OF ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN EACH CASE AS DETERMINED BY A COURT OF COMPETENT JURISDICTION, AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER OR ITS SOLE RESPONSIBILITY SHALL BE FOR THE HOLDING AND DISBURSEMENT OF THE CUSTODIAL PROPERTY IN CONNECTION ACCORDANCE WITH THE MANUFACTURETERMS OF THIS AGREEMENT, RENTAL SHALL HAVE NO IMPLIED DUTIES OR USE OBLIGATIONS AND SHALL NOT BE CHARGED WITH KNOWLEDGE OR NOTICE OF ANY FACT OR CIRCUMSTANCE NOT SPECIFICALLY SET FORTH HEREIN, ACCOUNT HOLDER HEREBY ACKNOWLEDGES AND AGREES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, PRIME TRUST WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ACCOUNT HOLDER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO ANY INVESTMENT OR TRANSACTION OCCURRING UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF BUSINESS, EVEN IF PRIME TRUST HAS BEEN ADVISED OF THE EQUIPMENT DESCRIBED HEREINLIKELIHOOD OF SUCH LOSS OR DAMAGE AND REGARDLESS OF THE FORM OF ACTION. THIS INCLUDES ANY LOSSES OR PROBLEMS OF ANY TYPE RESULTING FROM INCIDENTS OUTSIDE OF OUR DIRECT CONTROL, HOWSOEVER ARISINGINCLUDING BUT NOT LIMITED TO ERRORS, SHALL HACKS, THEFT OR ACTIONS OF ISSUERS, TRANSFER AGENTS, SMART CONTRACTS, BLOCKCHAINS AND INTERMEDIARIES OF ALL TYPES. 2. Cap on Liability. ACCOUNT HOLDER HEREBY ACKNOWLEDGES AND AGREES UNDER NO CIRCUMSTANCES WILL PRIME TRUST’S TOTAL LIABILITY OF ANY AND ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID, IF ANY, BY ACCOUNT HOLDER TO PRIME TRUST UNDER THIS AGREEMENT DURING THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, AND HOLD MONTH PERIOD PRIOR TO THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OCCURRENCE OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES EVENT GIVING RISE TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMELIABILITY.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD AND AGREED THAT MAMMOTOME’S 8.1. THE TOTAL LIABILITY HEREUNDER OF EITHER PARTY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH AN ORDER FORM (EXCLUDING EARLY TERMINATION CHARGES (AS DEFINED IN THE MANUFACTURE, RENTAL OR USE OF RELATED SUPPLEMENT)) IS LIMITED TO AN AMOUNT EQUAL TO THE EQUIPMENT DESCRIBED HEREIN, HOWSOEVER ARISING, SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY RENTAL FEE PAID TOTAL CHARGES PAYABLE BY CUSTOMER FOR DURING THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENTTERM SET FORTH THEREIN. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR NEITHER PARTY WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, AND HOLD LIABLE TO THE OTHER PARTYPARTY FOR ANY SPECIAL, ITS EMPLOYEESINCIDENTAL, DIRECTORSINDIRECT, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) LOSS OF PROFITS, REVENUE OR LOST BUSINESS OPPORTUNITIES (“CLAIMS”) IMPOSED UPON WHETHER ARISING OUT OF TRANSMISSION INTERRUP- TIONS OR INCURRED PROBLEMS, ANY INTERRUPTION OR DEGRADATION OF SERVICE OR OTHERWISE), WHETHER FORESEEABLE OR NOT, EVEN IF A PARTY HAS BEEN ADVISED BY OR ASSERTED AGAINST ANY THE OTHER PARTY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE POSSIBILITY OF THE FOLLOWING: (A) DAMAGE AND EVEN IF A PARTY ASSERTS OR ESTABLISHES A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT. THE FAULTLIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO CLAIMS OF CUSTOMER, WHETHER OCCASIONED BY ANY CONSTRUCTION, INSTALLATIONS, RELOCATIONS, SERVICE, REPAIR OR MAINTENANCE PERFORMED BY, OR FAILED TO BE PERFORMED BY RACE, OR ANY OTHER CAUSE WHATSOEVER, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR WILLFUL MISCONDUCT STRICT LIABILITY. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOSS OF DATA OR OMISSIONSTECHNOLOGY. 8.2. Race agrees to indemnify, OF THE OTHER PARTYdefend and hold Customer, ITS EMPLOYEES OR AGENTSits officers, OR OTHERS ACTING ON ITS BEHALFdirectors, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; employees, agents and contractors harmless from and against all loss, damage, liability, cost and expense (Bincluding reasonable attorney’s fees and expenses) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCEby reason of any claims or actions by third parties against Customer for (i) bodily injury or death, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; and damage, loss or destruction of any real or tangible personal property, which third party claims arise out of or relate to Race’s gross negligence or willful misconduct or (Cii) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; infringement or misappropriation by Race of any intellectual property rights under this Agreement. 8.3. Customer agrees to indemnify, defend and hold Race, its officers, directors, employees, agents and contractors harmless from and against all loss, damage, liability, cost and expense (Dincluding reasonable attorney’s fees and expenses) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOMEby reason of any claims or actions by third parties against Race for (i) bodily injury or death or damage, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOME.loss or destruction of any real or tangible personal property, which third party claims arise out of or relate to Customer’s gross negligence or willful misconduct,

Limitation of Liability; Indemnification. IT IS UNDERSTOOD A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS CONTRACT, AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER IRRESPECTIVE OF ANY FAULT, NEGLIGENCE OR GROSS NEGLIGENCE OF ANY KIND, IN CONNECTION NO EVENT SHALL EITHER PARTY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, RELIANCE OR SPECIAL (INCLUDING PUNITIVE) DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR THE COSTS ASSOCIATED WITH THE MANUFACTURE, RENTAL OR USE OF RESTORATION FACILITIES RESULTING FROM ITS FAILURE TO PERFORM PURSUANT TO THE EQUIPMENT DESCRIBED HEREINTERMS AND CONDITIONS OF THIS CONTRACT. B. EXCEPT AS SET FORTH BELOW IN THE LAST TWO SENTENCES OF THIS SUB-ARTICLE 23(B), HOWSOEVER ARISINGTHE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS RELATING TO SYSTEM UPGRADES, SHALL NOT EXCEED THE AMOUNT * OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR CONTRACT PRICE. THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL CLAIMS RELATING TO SYSTEM UPGRADES (IF CONTRACTOR CAN PROVE THAT THE SYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN AND THUS SUCH CLAIMS DO NOT BE LIMITEDARISE UNDER CLAUSE (ii) OF SUB-ARTICLE 10(B)) SHALL NOT EXCEED * OF THE APPLICABLE UPGRADE PRICE. BOTH PARTIES THE FOREGOING LIMITATION SHALL INDEMNIFY, DEFEND, NOT APPLY TO CLAIMS UNDER SUB- ARTICLES 19(A) AND HOLD 23(C). IF CONTRACTOR CANNOT PROVE THAT THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELYSYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN FOR A SYSTEM UPGRADE, THE “INDEMNITEES”CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER CLAUSE (ii) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIESOF SUB-ARTICLE 10(B) SHALL NOT EXCEED *. C. Contractor, OBLIGATIONSat its expense, DAMAGESshall defend, JUDGMENTSindemnify and hold harmless Purchaser, PENALTIESits agents, CAUSES OF ACTIONsubcontractors and employees against any and all claims, COSTS AND EXPENSES (INCLUDINGdemands, WITHOUT LIMITATIONand judgments for losses due to any act or omission, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTYarising out of, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWINGor in connection with this Contract or, prior to risk of loss passing to Purchaser, the operation and maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Contractor, its subcontractors, employees or agents. The defense, indemnification and save harmless obligation is specifically conditioned on the following: (Ai) THE FAULTPurchaser providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENTunless such failure shall not have materially impaired Contractor's ability to defend against such claim; (Bii) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCEContractor having * Material omitted and separately filed with the Commission under an application for confidential treatment. control of the defense of any such action, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOMEclaim or demand and of all negotiations for its settlement or compromise; and (iii) Purchaser cooperating, at Contractor's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement. D. Purchaser, at its expense, shall defend, indemnify and hold harmless Contractor, its agents, subcontractors and employees against any and all claims, demands, and judgments for losses due to any act or omission, arising out of, or in connection with this Contract or, after risk of loss passes to Purchaser, the operation or maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Purchaser, its subcontractors, employees or agents (other than Contractor). The defense, indemnification and save harmless obligation is specifically conditioned on the following (i) Contractor providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, unless such failure shall not have materially impaired Purchaser's ability to defend against such claim; (Cii) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENTPurchaser having control of the defense of any such action, claim or demand and of all negotiations for its settlement or compromise; and (Diii) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOMEContractor cooperating, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEat Purchaser's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD AND AGREED THAT MAMMOTOME’S 8.1. THE TOTAL LIABILITY HEREUNDER OF EITHER PARTY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH AN ORDER FORM, EXCLUDING EARLY TERMINATION CHARGES, IS LIMITED TO AN AMOUNT EQUAL ONE POINT FIVE TIMES (1.5X) THE MANUFACTURE, RENTAL TOTAL CHARGES PAYABLE BY CUSTOMER DURING THE TERM SET FORTH THEREIN. THE TOTAL LIABILITY OF SG FOR DAMAGES ARISING OUT OF OR USE IN CONNECTION WITH AN ORDER FORM IS LIMITED TO AN AMOUNT EQUAL TO THE TOTAL CHARGES PAYABLE BY CUSTOMER DURING THE FIRST YEAR OF THE EQUIPMENT DESCRIBED HEREINTERM SET FORTH THEREIN. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, HOWSOEVER ARISING, SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR NEITHER PARTY WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, AND HOLD LIABLE TO THE OTHER PARTYPARTY FOR ANY SPECIAL, ITS EMPLOYEESINCIDENTAL, DIRECTORSINDIRECT, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) LOSS OF PROFITS, REVENUE OR LOST BUSINESS OPPORTUNITIES (“CLAIMS”) IMPOSED UPON WHETHER ARISING OUT OF TRANSMISSION INTERRUPTIONS OR INCURRED PROBLEMS, ANY INTERRUPTION OR DEGRADATION OF SERVICE OR OTHERWISE), WHETHER FORESEEABLE OR NOT, EVEN IF A PARTY HAS BEEN ADVISED BY OR ASSERTED AGAINST ANY THE OTHER PARTY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE POSSIBILITY OF THE FOLLOWING: (A) DAMAGE AND EVEN IF A PARTY ASSERTS OR ESTABLISHES A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT. THE FAULTLIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO CLAIMS OF CUSTOMER, WHETHER OCCASIONED BY ANY CONSTRUCTION, INSTALLATIONS, RELOCATIONS, SERVICE, REPAIR OR MAINTENANCE PERFORMED BY, OR FAILED TO BE PERFORMED BY SG, OR ANY OTHER CAUSE WHATSOEVER, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR WILLFUL MISCONDUCT STRICT LIABILITY. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOSS OF DATA OR OMISSIONSTECHNOLOGY. 8.2. SG agrees to indemnify, OF THE OTHER PARTYdefend and hold Customer, ITS EMPLOYEES OR AGENTSits officers, OR OTHERS ACTING ON ITS BEHALFdirectors, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; employees, agents and contractors harmless from and against all loss, damage, liability, cost and expense (Bincluding reasonable attorney’s fees and expenses) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCEby reason of any claims or actions by third parties for (i) bodily injury or death, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; and damage, loss or destruction of any real or tangible personal property, which third party claims arise out of or relate to SG’s gross negligence or willful misconduct or (Cii) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; infringement or misappropriation by SG of any intellectual property rights under this Agreement. 8.3. Customer agrees to indemnify, defend and hold SG, its officers, directors, employees, agents and contractors harmless from and against all loss, damage, liability, cost and expense (Dincluding reasonable attorney’s fees and expenses) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOMEby reason of any claims or actions by third parties, AND including those of customers of Customer, for (Ei) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEbodily injury or death or damage, loss or destruction of any real or personal property (including without limitation the property of SG), which third party claims arise out of or relate to Customer’s gross negligence or willful misconduct, (ii) infringement or misappropriation by Customer of any intellectual property rights under this Agreement, or (iii) Customer’s or its customer’s use of the Products or Services, including without limitation, defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, or spamming or any other tortious or illegal conduct, or (iv) any harm or claims arising out of acts of omission of any customers of Customer or any third parties using Customer’s equipment or service that is subject of this Agreement. 8.4. Customer agrees that SG is not responsible for loss or damage to equipment and property stored or installed in a SG site. Customer agrees to maintain insurance coverage on equipment and property stored or installed at each SG site which covers any type of loss and includes a waiver of subrogation clause. SG shall not be liable for damage to, or loss of any of Customer equipment resulting from any cause, other than SG’s negligence or willful misconduct and then only in an amount not to exceed the replacement value of the damaged equipment, not to exceed the limits set forth in Section 8.1. 8.5. Customer shall have no right or interest in any SG-supplied equipment other than the right to use such equipment during the specified term while payments are current. Customer shall be liable to SG for any damage to such equipment caused by Customer or Customer’s representatives, agents or employees.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD 3.1. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE CUMULATIVE AGGREGATE LIABILITY OF GENERAL DATATECH FOR ALL LOSSES, CLAIMS, SUITS, CONTROVERSIES, BREACHES, ATTORNEYS’ FEES, OR DAMAGES FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY RELEVANT AGREEMENT) AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER OR IN CONNECTION WITH THE MANUFACTURE, RENTAL OR USE REGARDLESS OF THE EQUIPMENT DESCRIBED HEREIN, HOWSOEVER ARISING, SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, AND HOLD THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES FORM OF ACTION, COSTS WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, UNDER ANY STATUTE, OR OTHERWISE, SHALL BE LIMITED TO THE REPAIR, REPLACEMENT OR CORRECTION OF THE SERVICES OR HARDWARE OR SOFTWARE OR, IF GENERAL DATATECH REASONABLY DETERMINES IN ITS SOLE DISCRETION THAT SUCH REMEDY IS NOT ECONOMICALLY OR TECHNICALLY FEASIBLE, TO THE LESSER OF (I) THE AMOUNT PAID BY CLIENT UNDER THE TERMS OF THIS AGREEMENT OR ANY INCORPORATED OR RELATED AGREEMENT FOR THE SERVICES OR HARDWARE AND EXPENSES SOFTWARE, IF ANY; OR (II) THE MAXIMUM LIMITS OF ANY OF GENERAL DATATECH’S APPLICABLE INSURANCE COVERAGE. 3.2. EXCEPT FOR DAMAGES ARISING FROM A BREACH OF CONFIDENTIALITY OBLIGATIONS, IF ANY, IN NO EVENT SHALL GENERAL DATATECH OR CLIENT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING FROM THE AGREEMENT GIVING RISE TO THE LIABILITY, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON LOST PROFITS OR INCURRED BY GOODWILL OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO LOST REVENUES OR LOSS OF REAL RECORDS OR TANGIBLE PERSONAL PROPERTYDATA, REGARDLESS OF WHETHER ARISING FROM BREACH OF CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF GENERAL DATATECH OR CLIENT HAS, OR SHOULD HAVE, ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR IF SUCH LOSS OR DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. 3.3. CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS GENERAL DATATECH, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM ANY LIABILITY, LOSS, ASSESSMENT OR DAMAGE THEY MAY SUFFER AS A RESULT OF CLAIMS, ACTIONS, DEMANDS, COSTS OR JUDGMENTS AGAINST THEM ARISING OUT OF THE ACTIVITIES TO BE CARRIED OUT PURSUANT TO THE EXTENT THAT OBLIGATIONS OF THIS AGREEMENT OR ANY SUCH CLAIM ARISES IN WHOLE INCORPORATED PROJECT PLAN, STATEMENT OF WORK, PURCHASE ORDER OR IN PART FROM ANY ONE OTHER PROPOSAL OR MORE OF THE FOLLOWING: AGREEMENT ASSOCIATED WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, (A) THE FAULT, NEGLIGENCEUSE BY CLIENT OF THE RESULTS OBTAINED FROM THE ACTIVITIES PERFORMED BY GENERAL DATATECH UNDER THIS AGREEMENT, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, PROPERTY TAX LIABILITY GENERAL DATATECH MIGHT INCUR OR HAVE ASSESSED AGAINST IT BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH TAXING AUTHORITY AS A RESULT OF GENERAL DATATECH OWNING OR HOLDING PROPERTY FOR OR ON BEHALF OF CLIENT OR THAT WILL BE TRANSFERRED TO CLIENT UNDER THIS AGREEMENT. CLIENT SHALL INDEMNIFY GENERAL DATATECH FOR ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE AND ALL SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOMEPROPERTY TAXES, AND (E) FAILURE RELATED INTEREST AND PENALTIES WHICH MAY BE ASSESSED. NOTWITHSTANDING THE FOREGOING, ANY LIABILITY, LOSS OR DAMAGE RESULTING FROM THE NEGLIGENCE OR WILLFUL MALFEASANCE OF ANY OFFICER, DIRECTOR, AGENT OR EMPLOYEE OF GENERAL DATATECH IS EXCLUDED FROM THIS AGREEMENT TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEINDEMNIFY AND HOLD HARMLESS.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD (a) OTHER THAN IN THE CASE OF INTENTIONAL FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND AGREED THAT MAMMOTOMEWITHOUT LIMITATION OF SECTION 9 OF THE NDA (AS DEFINED BELOW), THE SERVICER’S LIABILITY HEREUNDER UNDER THIS AGREEMENT OR IN CONNECTION WITH RESPECT TO THE MANUFACTURE, RENTAL OR USE PERFORMANCE OF THE EQUIPMENT DESCRIBED HEREIN, HOWSOEVER ARISING, TRANSITION SERVICES SHALL NOT EXCEED BE LIMITED TO THE AMOUNT OF THE MONTHLY RENTAL FEE PAID SERVICE FEES ACTUALLY RECEIVED BY CUSTOMER THE SERVICER HEREUNDER IN CONSIDERATION OF THE TRANSITION SERVICES THAT GAVE RISE TO OR RELATED TO THE INCURRENCE OF SUCH LIABILITY. THE SERVICER WILL HAVE NO LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO THE PERFORMANCE OF THE TRANSITION SERVICES TO ANY PERSON OTHER THAN THE BUYER. EXCEPT AS MAY BE AWARDED TO A THIRD PARTY IN CONNECTION WITH A CLAIM SUBJECT TO INDEMNIFICATION PURSUANT TO SECTION 8(c) OR SECTION 8(d) OR IN THE CASE OF INTENTIONAL FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NO PARTY WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, LOSS OF PROFIT OR LOSS OF OPPORTUNITY, LOSS OF REPUTATION, CONSEQUENTIAL LOSSES OR ANY OTHER INDIRECT DAMAGES THAT WERE NOT REASONABLY FORESEEABLE. (b) EXCEPT TO THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENTEXTENT EXPRESSLY PROVIDED HEREIN, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL THE SERVICER DOES NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFENDMAKE, AND HOLD THE OTHER PARTYHEREBY DISCLAIMS, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIESEXPRESS OR IMPLIED WARRANTIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTYDEALING, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCEUSAGE, OR WILLFUL MISCONDUCT OR OMISSIONSTRADE PRACTICE. (c) The Buyer shall, OF THE OTHER PARTYand shall cause its Subsidiaries to, ITS EMPLOYEES OR AGENTSindemnify, OR OTHERS ACTING ON ITS BEHALFdefend, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; hold harmless and reimburse the Servicer and the Servicer’s Affiliates (Bexcluding, for the avoidance of doubt, the Buyer and any of its controlled Affiliates) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCEand each of their respective directors, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; officers, employees, successors and permitted assigns, in their capacity as such (Ccollectively, the “Servicer Indemnified Parties”), for, from and against all Losses imposed on, incurred or suffered by any Servicer Indemnified Party arising out of or relating to the provision of any Transition Service pursuant to this Agreement, except to the extent that such Losses arise out of or relate to any Servicer Indemnified Party’s breach of this Agreement, intentional fraud, gross negligence or willful misconduct. For the avoidance of doubt, any acts or omissions of the HK Employees (as defined in the Service Exhibit) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; shall be considered those of Buyer or its controlled Affiliate, as applicable, and not those of the Servicer Indemnified Parties. Each Servicer Indemnified Party is an express third party beneficiary of, and entitled to enforce, this Section 8(c). (Dd) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOMEThe Servicer shall, AND and shall cause its Subsidiaries to, indemnify, defend, hold harmless and reimburse the Buyer and the Buyer’s Affiliates (Eexcluding, for the avoidance of doubt, the Servicer and any of its controlled Affiliates) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEand each of their respective directors, officers, employees, successors and permitted assigns, in their capacity as such (collectively, the “Buyer Indemnified Parties”), for, from and against all Losses imposed on, incurred or suffered by any Buyer Indemnified Party arising out of or relating to the Servicer’s or its Representative’s intentional fraud, gross negligence or willful misconduct in providing any Transition Service. Each Buyer Indemnified Party is an express third party beneficiary of, and entitled to enforce, this Section 8(d). (e) The indemnification procedures set forth in Section 14.5 (Claim Procedures) of the Business Combination Agreement shall apply to claims for indemnification under this Agreement and are hereby incorporated by reference mutatis mutandis.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER OR IN CONNECTION WITH THE MANUFACTURE, RENTAL OR USE OF THE EQUIPMENT DESCRIBED HEREIN, HOWSOEVER ARISING, SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR THE LAST TWELVE (12a) MONTHS FOR SUCH EQUIPMENT, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, AND HOLD THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR PROVIDED BY CMMI INSTITUTE TO YOU ARE GRANTED AND/OR PROVIDED ON AN "AS IS" BASIS. THE CMMI INSTITUTE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CMMI INSTITUTE DOES NOT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR- FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR FREEDOM FROM THEFT OF TRADE SECRETS. YOU ARE PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIESON BEHALF OF CMMI INSTITUTE RELATING TO ANY CMMI INSTITUTE PROGRAMS, OBLIGATIONSMATERIALS OR PRODUCTS. THE CMMI INSTITUTE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY REASON WHATSOVER ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY BREACH OF THIS AGREEMENT) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY EVEN IF CMMI INSTITUTE HAS BEEN ADVISED OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) POSSIBILITY OF SUCH DAMAGES OR DAMAGES TO HAS OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE GAINS KNOWLEDGE OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, EXISTENCE OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEDAMAGES.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS CONTRACT, AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER IRRESPECTIVE OF ANY FAULT, NEGLIGENCE OR GROSS NEGLIGENCE OF ANY KIND, IN CONNECTION NO EVENT SHALL EITHER PARTY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, RELIANCE OR SPECIAL (INCLUDING PUNITIVE) DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR THE COSTS ASSOCIATED WITH THE MANUFACTURE, RENTAL OR USE OF RESTORATION FACILITIES RESULTING FROM ITS FAILURE TO PERFORM PURSUANT TO THE EQUIPMENT DESCRIBED HEREINTERMS AND CONDITIONS OF THIS CONTRACT. B. EXCEPT AS SET FORTH BELOW IN THE LAST TWO SENTENCES OF THIS SUB- ARTICLE 23(B), HOWSOEVER ARISINGTHE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS RELATING TO SYSTEM UPGRADES, SHALL NOT EXCEED THE AMOUNT ONE HUNDRED PERCENT (100%) OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR CONTRACT PRICE. THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL CLAIMS RELATING TO SYSTEM UPGRADES (IF CONTRACTOR CAN PROVE THAT THE SYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN AND THUS SUCH CLAIMS DO NOT BE LIMITEDARISE UNDER CLAUSE (ii) OF SUB-ARTICLE 10(B)) SHALL NOT EXCEED ONE HUNDRED PERCENT (100%) OF THE APPLICABLE UPGRADE PRICE. BOTH PARTIES THE FOREGOING LIMITATION SHALL INDEMNIFY, DEFEND, NOT APPLY TO CLAIMS UNDER SUB-ARTICLES 19(A) AND HOLD 23(C). IF CONTRACTOR CANNOT PROVE THAT THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELYSYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN FOR A SYSTEM UPGRADE, THE “INDEMNITEES”CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER CLAUSE (ii) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES SUB-ARTICLE 10(B) SHALL NOT EXCEED ONE HUNDRED PERCENT (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES100%) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES UPGRADEABILITY LIABILITY LIMIT. C. Contractor, at its expense, shall defend, indemnify and hold harmless Purchaser, its affiliates, agents, subcontractors and employees (INCLUDING DEATHcollectively, the "Indemnitees") OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTYagainst any and all claims, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWINGproceedings, demands, costs, expenses, liabilities (including without limitation, reasonable legal fees), and judgements for losses (collectively, "Liabilities") asserted against or * Material omitted and separately filed with the Commission under an application for confidential treatment. incurred by any Indemnitee, arising out of, or in connection with (a) this Contract, and/or the performance thereof by Contractor or any of its subcontractors, or (b) the operation and maintenance of the System prior to the risk of loss passing to Purchaser, resulting from acts or omissions of Contractor or any Subcontractor, regardless of whether involving errors, negligence or willful misconduct or resulting from, strict liability or statutory liability, except to the extent that such Liabilities were caused by the negligent acts or willful misconduct of Purchaser. The defense, indemnification and save harmless obligation is specifically conditioned on the following: (Ai) THE FAULTPurchaser providing prompt notification in writing of any such Liability when it obtains Actual Knowledge thereof, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENTunless such failure shall not have materially impaired Contractor's ability to defend against such claim; (Bii) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCEContractor having control of the defense of any such action, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOMEclaim or demand and of all negotiations for its settlement or compromise; and (iii) Purchaser cooperating, at Contractor's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement. The Purchaser, at its option, shall be entitled to participate, at its own expense, in any proceeding, claim or demand involving an Indemnitee. D. Purchaser, at its expense, shall defend, indemnify and hold harmless Contractor, its agents, subcontractors and employees against any and all claims, demands, and judgments for losses due to any act or omission, arising out of, or in connection with this Contract or, after risk of loss passes to Purchaser, the operation or maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Purchaser, its subcontractors, employees or agents (other than Contractor). The defense, indemnification and save harmless obligation is specifically conditioned on the following (i) Contractor providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, unless such failure shall not have materially impaired Purchaser's ability to defend against such claim; (Cii) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENTPurchaser having control of the defense of any such action, claim or demand and of all negotiations for its settlement or compromise; and (Diii) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOMEContractor cooperating, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEat Purchaser's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD 3.1. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE CUMULATIVE AGGREGATE LIABILITY OF GDT FOR ALL LOSSES, CLAIMS, SUITS, CONTROVERSIES, BREACHES, ATTORNEYS’ FEES, OR DAMAGES FOR ANY CAUSE WHATSOEVER AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER OR IN CONNECTION WITH THE MANUFACTURE, RENTAL OR USE REGARDLESS OF THE EQUIPMENT DESCRIBED HEREIN, HOWSOEVER ARISING, SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, AND HOLD THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES FORM OF ACTION, COSTS WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, UNDER ANY STATUTE, OR OTHERWISE, SHALL BE LIMITED TO THE REPAIR, REPLACEMENT OR CORRECTION OF THE SERVICES OR, IF GDT REASONABLY DETERMINES IN ITS SOLE DISCRETION THAT SUCH REMEDY IS NOT ECONOMICALLY OR TECHNICALLY FEASIBLE, THE AMOUNT PAID BY CLIENT FOR THE SERVICES. 3.2. EXCEPT FOR DAMAGES ARISING FROM A BREACH OF CONFIDENTIALITY OBLIGATIONS, IF ANY, IN NO EVENT SHALL GDT OR CLIENT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER, HOWEVER CAUSED AND EXPENSES (ON ANY THEORY OF LIABILITY ARISING FROM THE SERVICES GIVING RISE TO THE LIABILITY, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON LOST PROFITS OR INCURRED BY GOODWILL OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO LOST REVENUES OR LOSS OF REAL RECORDS OR TANGIBLE PERSONAL PROPERTYDATA, REGARDLESS OF WHETHER ARISING FROM BREACH OF CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF GDT OR CLIENT HAS, OR SHOULD HAVE, ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR IF SUCH LOSS OR DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. 3.3. CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS GDT, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM ANY LIABILITY, LOSS OR DAMAGE THEY MAY SUFFER AS A RESULT OF CLAIMS, ACTIONS, DEMANDS, COSTS OR JUDGMENTS AGAINST THEM ARISING OUT OF THE EXTENT ACTIVITIES TO BE CARRIED OUT BY CLIENT, INCLUDING, BUT NOT LIMITED TO, THE USE BY CLIENT OF THE RESULTS OBTAINED FROM THE ACTIVITIES PERFORMED BY GDT; PROVIDED, HOWEVER, THAT ANY SUCH CLAIM ARISES IN WHOLE LIABILITY, LOSS OR IN PART DAMAGE RESULTING FROM ANY ONE OR MORE OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCE, NEGLIGENCE OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM MALFEASANCE OF ANY PROVISION OFFICER, DIRECTOR, AGENT OR EMPLOYEE OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION GDT IS EXCLUDED FROM THIS AGREEMENT TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, INDEMNIFY AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEHOLD HARMLESS.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS CONTRACT, AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER IRRESPECTIVE OF ANY FAULT, NEGLIGENCE OR GROSS NEGLIGENCE OF ANY KIND, IN CONNECTION NO EVENT SHALL EITHER PARTY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, RELIANCE OR SPECIAL (INCLUDING PUNITIVE) DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR THE COSTS ASSOCIATED WITH THE MANUFACTURE, RENTAL OR USE OF RESTORATION FACILITIES RESULTING FROM ITS FAILURE TO PERFORM PURSUANT TO THE EQUIPMENT DESCRIBED HEREINTERMS AND CONDITIONS OF THIS CONTRACT. * MATERIAL OMITTED AND SEPARATELY FILED UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. B. EXCEPT AS SET FORTH BELOW IN THE LAST TWO SENTENCES OF THIS SUB- ARTICLE 23(B), HOWSOEVER ARISINGTHE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS RELATING TO SYSTEM UPGRADES, SHALL NOT EXCEED THE AMOUNT * OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR CONTRACT PRICE. THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL CLAIMS RELATING TO SYSTEM UPGRADES (IF CONTRACTOR CAN PROVE THAT THE SYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN AND THUS SUCH CLAIMS DO NOT BE LIMITEDARISE UNDER CLAUSE (ii) OF SUB-ARTICLE 10(B)) SHALL NOT EXCEED * OF THE APPLICABLE UPGRADE PRICE. BOTH PARTIES THE FOREGOING LIMITATION SHALL INDEMNIFY, DEFEND, NOT APPLY TO CLAIMS UNDER SUB- ARTICLES 19(A) AND HOLD 23(C). IF CONTRACTOR CANNOT PROVE THAT THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELYSYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN FOR A SYSTEM UPGRADE, THE “INDEMNITEES”CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER CLAUSE (ii) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIESOF SUB-ARTICLE 10(B) SHALL NOT EXCEED *. C. Contractor, OBLIGATIONSat its expense, DAMAGESshall defend, JUDGMENTSindemnify and hold harmless Purchaser, PENALTIESits agents, CAUSES OF ACTIONsubcontractors and employees against any and all claims, COSTS AND EXPENSES (INCLUDINGdemands, WITHOUT LIMITATIONand judgments for losses due to any act or omission, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTYarising out of, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWINGor in connection with this Contract or, prior to risk of loss passing to Purchaser, the operation and maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Contractor, its subcontractors, employees or agents. The defense, indemnification and save harmless obligation is specifically conditioned on the following: (Ai) THE FAULTPurchaser providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENTunless such failure shall not have materially impaired Contractor's ability to defend against such claim; (Bii) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCEContractor having control of the defense of any such action, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOMEclaim or demand and of all negotiations for its settlement or compromise; and (iii) Purchaser cooperating, at Contractor's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement. D. Purchaser, at its expense, shall defend, indemnify and hold harmless Contractor, its agents, subcontractors and employees against any and all claims, demands, and judgments for losses due to any act or omission, arising out of, or in connection with this Contract or, after risk of loss passes to Purchaser, the operation or maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Purchaser, its subcontractors, employees or agents (other than Contractor). The defense, indemnification and save harmless obligation is specifically conditioned on the following (i) Contractor providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, unless such failure shall not have materially impaired Purchaser's ability to defend against such claim; (Cii) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENTPurchaser having control of the defense of any such action, claim or demand and of all negotiations for its settlement or compromise; and (Diii) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOMEContractor cooperating, at Purchaser's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement. * MATERIAL OMITTED AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOME.SEPARATELY FILED UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. 50

Limitation of Liability; Indemnification. IT IS UNDERSTOOD A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS CONTRACT, AND AGREED IRRESPECTIVE OF ANY FAULT, NEGLIGENCE OR GROSS NEGLIGENCE OF ANY KIND, IN NO EVENT SHALL EITHER PARTY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, RELIANCE OR SPECIAL (INCLUDING PUNITIVE) DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR THE COSTS ASSOCIATED WITH THE USE OF RESTORATION FACILITIES RESULTING FROM ITS FAILURE TO PERFORM, PURSUANT TO THE TERMS AND CONDITIONS OF THIS CONTRACT, PROVIDED THAT MAMMOTOME’S LIABILITY HEREUNDER OR THE CONTRACT PRICE LESS COSTS SAVED (AND IF ANY SYSTEM UPGRADE HAS BEEN SELECTED, THE UPGRADE PRICE LESS COSTS SAVED) AND ANY LIABILITIES INCURRED BY CONTRACTOR TO THIRD PARTIES IN CONNECTION WITH THIS CONTRACT SHALL BE DEEMED TO BE DIRECT DAMAGES. B. EXCEPT AS SET FORTH BELOW IN THE MANUFACTURELAST TWO SENTENCES OF THIS SUB- ARTICLE 23(B), RENTAL THE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY, WHETHER IN TORT, CONTRACT OR USE OTHERWISE, EXCEPT FOR CLAIMS RELATING TO SYSTEM UPGRADES, SHALL BE DIRECT DAMAGES PROVEN NOT TO EXCEED * OF THE EQUIPMENT DESCRIBED HEREIN, HOWSOEVER ARISING, CONTRACT PRICE. THE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR CLAIMS RELATING TO SYSTEM UPGRADES (IF CONTRACTOR CAN SHOW THAT THE SYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN AND THUS SUCH CLAIMS DO NOT ARISE UNDER CLAUSE (ii) OF SUB-ARTICLE 10(B)) SHALL BE DIRECT DAMAGES PROVEN NOT TO EXCEED * OF THE APPLICABLE UPGRADE PRICE. THE FOREGOING LIMITATION SHALL NOT APPLY TO CLAIMS UNDER SUB-ARTICLES 19(A) AND 23(C). IF CONTRACTOR CANNOT SHOW THAT THE SYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN FOR A SYSTEM UPGRADE, THE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER CLAUSE (ii) OF SUB-ARTICLE 10(B) SHALL BE DIRECT DAMAGES PROVEN NOT TO EXCEED THE AMOUNT * OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER APPLICABLE UPGRADEABILITY LIABILITY LIMIT. * MATERIAL OMITTED AND SEPARATELY FILED WITH THE COMMISSION UNDER AN APPLICATION FOR THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENTCONFIDENTIAL TREATMENT. C. Contractor, HOWEVERat its expense, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITEDshall defend, indemnify and hold harmless Purchaser, its agents, subcontractors and employees against any and all claims, demands, and judgments for losses due to any act or omission, arising out of, or in connection with this Contract or, prior to risk of loss passing to Purchaser, the operation and maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Contractor, its subcontractors, employees or agents. BOTH PARTIES SHALL INDEMNIFYThe defense, DEFEND, AND HOLD THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWINGindemnification and save harmless obligation is specifically conditioned on the following: (Ai) THE FAULTPurchaser providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENTunless such failure shall not have materially impaired Contractor's ability to defend against such claim; (Bii) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCEContractor having control of the defense of any such action, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOMEclaim or demand and of all negotiations for its settlement or compromise; and (iii) Purchaser cooperating, at Contractor's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement. D. Purchaser, at its expense, shall defend, indemnify and hold harmless Contractor, its agents, subcontractors and employees against any and all claims, demands, and judgments for losses due to any act or omission, arising out of, or in connection with this Contract or, after risk of loss passes to Purchaser, the operation or maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Purchaser, its subcontractors, employees or agents (other than AT&T Submarine Systems, Inc.). The defense, indemnification and save harmless obligation is specifically conditioned on the following (i) Contractor providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, unless such failure shall not have materially impaired Purchaser's ability to defend against such claim; (Cii) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENTPurchaser having control of the defense of any such action, claim or demand and of all negotiations for its settlement or compromise; and (Diii) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOMEContractor cooperating, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEat Purchaser's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS CONTRACT, AND AGREED IRRESPECTIVE OF ANY FAULT, NEGLIGENCE OR GROSS NEGLIGENCE OF ANY KIND, IN NO EVENT SHALL EITHER PARTY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, RELIANCE OR SPECIAL (INCLUDING PUNITIVE) DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR THE COSTS ASSOCIATED WITH THE USE OF RESTORATION FACILITIES RESULTING FROM ITS FAILURE TO PERFORM, PURSUANT TO THE TERMS AND CONDITIONS OF THIS CONTRACT, PROVIDED THAT MAMMOTOME’S LIABILITY HEREUNDER OR THE CONTRACT PRICE LESS COSTS SAVED (AND IF ANY SYSTEM UPGRADE HAS BEEN SELECTED, THE UPGRADE PRICE LESS COSTS SAVED) AND ANY LIABILITIES INCURRED BY CONTRACTOR TO THIRD PARTIES IN CONNECTION WITH THIS CONTRACT SHALL BE DEEMED TO BE DIRECT DAMAGES. B. EXCEPT AS SET FORTH BELOW IN THE MANUFACTURELAST TWO SENTENCES OF THIS SUB- ARTICLE 23(B), RENTAL THE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY, WHETHER IN TORT, CONTRACT OR USE OTHERWISE, EXCEPT FOR CLAIMS RELATING TO SYSTEM UPGRADES, SHALL BE DIRECT DAMAGES PROVEN NOT TO EXCEED * OF THE EQUIPMENT DESCRIBED HEREIN, HOWSOEVER ARISING, CONTRACT PRICE. THE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR CLAIMS RELATING TO SYSTEM UPGRADES (IF CONTRACTOR CAN SHOW THAT THE SYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN AND THUS SUCH CLAIMS DO NOT ARISE UNDER CLAUSE (ii) OF SUB-ARTICLE 10(B)) SHALL BE DIRECT DAMAGES PROVEN NOT TO EXCEED * OF THE APPLICABLE UPGRADE PRICE. THE FOREGOING LIMITATION SHALL NOT APPLY TO CLAIMS UNDER SUB-ARTICLES 19(A) AND 23(C). IF CONTRACTOR CANNOT SHOW THAT THE SYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN FOR A SYSTEM UPGRADE, THE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER CLAUSE (ii) OF SUB-ARTICLE 10(B) SHALL BE DIRECT DAMAGES PROVEN NOT TO EXCEED THE AMOUNT * OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER APPLICABLE UPGRADEABILITY LIABILITY LIMIT. * MATERIAL OMITTED AND SEPARATELY FILED UNDER AN APPLICATION FOR THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENTCONFIDENTIAL TREATMENT. C. Contractor, HOWEVERat its expense, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITEDshall defend, indemnify and hold harmless Purchaser, its agents, subcontractors and employees against any and all claims, demands, and judgments for losses due to any act or omission, arising out of, or in connection with this Contract or, prior to risk of loss passing to Purchaser, the operation and maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Contractor, its subcontractors, employees or agents. BOTH PARTIES SHALL INDEMNIFYThe defense, DEFEND, AND HOLD THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWINGindemnification and save harmless obligation is specifically conditioned on the following: (Ai) THE FAULTPurchaser providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENTunless such failure shall not have materially impaired Contractor's ability to defend against such claim; (Bii) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCEContractor having control of the defense of any such action, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOMEclaim or demand and of all negotiations for its settlement or compromise; and (iii) Purchaser cooperating, at Contractor's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement. D. Purchaser, at its expense, shall defend, indemnify and hold harmless Contractor, its agents, subcontractors and employees against any and all claims, demands, and judgments for losses due to any act or omission, arising out of, or in connection with this Contract or, after risk of loss passes to Purchaser, the operation or maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Purchaser, its subcontractors, employees or agents (other than AT&T Submarine Systems, Inc.). The defense, indemnification and save harmless obligation is specifically conditioned on the following (i) Contractor providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, unless such failure shall not have materially impaired Purchaser's ability to defend against such claim; (Cii) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENTPurchaser having control of the defense of any such action, claim or demand and of all negotiations for its settlement or compromise; and (Diii) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOMEContractor cooperating, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEat Purchaser's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD 6.1 ALL TERMS, CONDITIONS AND AGREED THAT MAMMOTOMEWARRANTIES (INCLUDING ANY WARRANTY AS TO MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) IMPLIED BY COMMON LAW OR STATUTE (“IMPLIED WARRANTIES”) AS TO THE MANNER, QUALITY AND TIMING OF THE TESTING SERVICE ARE EXCLUDED UNLESS THE EXCLUSION OF ANY SUCH IMPLIED WARRANTIES WOULD CONTRAVENE APPLICABLE LAW OR CAUSE ANY PART OF THESE TERMS OR CONDITIONS OR ANY OTHER AGREEMENTS TO BE VOID. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF LABSTAT HEREUNDER ARE EXCLUSIVE. 6.2 LABSTAT’S LIABILITY HEREUNDER OR IN CONNECTION WITH THE MANUFACTURE, RENTAL OR USE TO CLIENT FOR BREACH OF ANY OF THE EQUIPMENT DESCRIBED HEREINTERMS OR CONDITIONS OR ANY AGREEMENT OF ANY IMPLIED WARRANTIES, HOWSOEVER ARISINGOR FOR ANY NEGLIGENCE OR OTHER WRONGDOING IN THE PERFORMANCE OF TESTING SERVICES, SHALL NOT IN NO CIRCUMSTANCES EXCEED A TOTAL AGGREGATE SUM EQUAL TO THE AMOUNT OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR IN RESPECT OF THE LAST TWELVE (12) MONTHS FOR SPECIFIC SERVICE WHICH GIVES RISE TO SUCH EQUIPMENTCLAIM OR USD$25,000, HOWEVERWHICHEVER AMOUNT IS THE LESSER. 6.3 NOTWITHSTANDING SECTION 6.2 HEREOF, LABSTAT SHALL HAVE NO LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF INFORMATION SYSTEM, LOSS OF GOODWILL, OR COST OF PRODUCT RECALL. 6.4 CLIENT SHALL INDEMNIFY, DEFEND, HOLD HARMLESS AND HOLD THE OTHER PARTY, INDEMNIFY LABSTAT AND ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOME.OFFICERS,

Limitation of Liability; Indemnification. IT IS UNDERSTOOD 6.1 ALL TERMS, CONDITIONS AND AGREED THAT MAMMOTOMEWARRANTIES (INCLUDING ANY WARRANTY AS TO MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) IMPLIED BY COMMON LAW OR STATUTE (“IMPLIED WARRANTIES”) AS TO THE MANNER, QUALITY AND TIMING OF THE TESTING SERVICE ARE EXCLUDED UNLESS THE EXCLUSION OF ANY SUCH IMPLIED WARRANTIES WOULD CONTRAVENE APPLICABLE LAW OR CAUSE ANY PART OF THESE TERMS OR CONDITIONS OR ANY OTHER AGREEMENTS TO BE VOID. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF LABSTAT HEREUNDER ARE EXCLUSIVE. 6.2 LABSTAT’S LIABILITY HEREUNDER OR IN CONNECTION WITH THE MANUFACTURE, RENTAL OR USE TO CLIENT FOR BREACH OF ANY OF THE EQUIPMENT DESCRIBED HEREINTERMS OR CONDITIONS OR ANY AGREEMENT OF ANY IMPLIED WARRANTIES, OR FOR ANY NEGLIGENCE OR OTHER WRONGDOING IN THE PERFORMANCE OF TESTING SERVICES, SHALL IN NO CIRCUMSTANCES EXCEED A TOTAL AGGREGATE SUM EQUAL TO 10 TIMES THE AMOUNT OF THE FEE PAID IN RESPECT OF THE SPECIFIC SERVICE WHICH GIVES RISE TO SUCH CLAIM OR CAD$25,000 (OR ITS EQUIVALENT IN LOCAL CURRENCY), WHICHEVER AMOUNT IS THE LESSER. 6.3 NOTWITHSTANDING SECTION 6.2 HEREOF, LABSTAT SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF INFORMATION SYSTEM, LOSS OF GOODWILL, OR COST OF PRODUCT RECALL. 6.4 CLIENT SHALL HOLD HARMLESS AND INDEMNIFY LABSTAT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUBCONTRACTORS AGAINST ALL CLAIMS (ACTUAL OR THREATENED) BY ANY THIRD PARTY FOR LOSS, LIABILITY, DAMAGE OR EXPENSE OF WHATSOEVER NATURE INCLUDING ALL LEGAL EXPENSES AND RELATED COSTS, HOWSOEVER ARISING, SHALL NOT EXCEED THE AMOUNT RELATING TO ANY BREACH OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENTCLIENT’S REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFENDBREACH OF ANY TERM OF THESE TERMS AND CONDITIONS, AND HOLD THE OTHER PARTYUSE, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCEAPPLICATION, OR WILLFUL MISCONDUCT OR OMISSIONSUNAUTHORIZED DISCLOSURE OF ANY REPORTS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTSRESULTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH OTHER DOCUMENTATION PROVIDED BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMELABSTAT.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD 6.1 ALL TERMS, CONDITIONS AND AGREED THAT MAMMOTOMEWARRANTIES (INCLUDING ANY WARRANTY AS TO MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) IMPLIED BY COMMON LAW OR STATUTE (“IMPLIED WARRANTIES”) AS TO THE MANNER, QUALITY AND TIMING OF THE TESTING SERVICE ARE EXCLUDED UNLESS THE EXCLUSION OF ANY SUCH IMPLIED WARRANTIES WOULD CONTRAVENE APPLICABLE LAW OR CAUSE ANY PART OF THESE TERMS OR CONDITIONS OR ANY OTHER AGREEMENTS TO BE VOID. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF LABSTAT HEREUNDER ARE EXCLUSIVE. 6.2 LABSTAT’S LIABILITY HEREUNDER OR IN CONNECTION WITH THE MANUFACTURE, RENTAL OR USE TO CLIENT FOR BREACH OF ANY OF THE EQUIPMENT DESCRIBED HEREINTERMS OR CONDITIONS OR ANY AGREEMENT OF ANY IMPLIED WARRANTIES, HOWSOEVER ARISINGOR FOR ANY NEGLIGENCE OR OTHER WRONGDOING IN THE PERFORMANCE OF TESTING SERVICES, SHALL NOT IN NO CIRCUMSTANCES EXCEED A TOTAL AGGREGATE SUM EQUAL TO THE AMOUNT OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR IN RESPECT OF THE LAST TWELVE (12) MONTHS FOR SPECIFIC SERVICE WHICH GIVES RISE TO SUCH EQUIPMENTCLAIM OR CAD$25,000, HOWEVERWHICHEVER AMOUNT IS THE LESSER. 6.3 NOTWITHSTANDING SECTION 6.2 HEREOF, LABSTAT SHALL HAVE NO LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF INFORMATION SYSTEM, LOSS OF GOODWILL, OR COST OF PRODUCT RECALL. 6.4 CLIENT SHALL INDEMNIFY, DEFEND, HOLD HARMLESS AND HOLD THE OTHER PARTY, INDEMNIFY LABSTAT AND ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOME.OFFICERS,

Limitation of Liability; Indemnification. IT IS UNDERSTOOD AND AGREED THAT MAMMOTOME9.1. Exclusion of Consequential and Related Damages. EXCEPT FOR A PARTY’S LIABILITY HEREUNDER OR IN CONNECTION WITH INDEMNIFICATION OBLIGATIONS, PAYMENT OBLIGATIONS, DAMAGES ARISING FROM THE MANUFACTURE, RENTAL OR UNAUTHORIZED USE OF THE EQUIPMENT DESCRIBED HEREINOTHER’S INTELLECTUAL PROPERTY, HOWSOEVER ARISINGA BREACH OF CONFIDENTIALITY UNDER SECTION 7, SHALL NOT OR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF SUCH DAMAGES COULD HAVE BEEN FORESEEN OR IF A PARTY HAS BEEN APPRAISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARE ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF ANY STATUTORY DUTY OR OTHERWISE, IN NO EVENT WILL: (A) EITHER PARTY BE LIABLE FOR DAMAGES FOR LOSS OF PROFIT OR REVENUE, DATA THAT IS LOST OR CORRUPTED, LOSS OF GOODWILL, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND, (B) EACH PARTY’S TOTAL AND CUMULATIVE LIABILITY, FOR ALL CLAIMS OF ANY NATURE ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT OF THE MONTHLY RENTAL FEE TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR IN THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, AND HOLD IMMEDIATELY PROCEEDING THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OCCURRENCE OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES FIRST EVENT GIVING RISE TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH A CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE UNDER THIS AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOME.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD AND AGREED THAT MAMMOTOME’S 8.1. THE TOTAL LIABILITY HEREUNDER OF CUSTOMER FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH AN ORDER FORM, EXCLUDING EARLY TERMINATION CHARGES, IS LIMITED TO AN AMOUNT EQUAL TO THE MANUFACTURE, RENTAL TOTAL CHARGES PAYABLE BY CUSTOMER DURING THE TERM SET FORTH THEREIN. THE TOTAL LIABILITY OF SGN FOR DAMAGES ARISING OUT OF OR USE IN CONNECTION WITH AN ORDER FORM IS LIMITED TO AN AMOUNT EQUAL TO THE TOTAL CHARGES PAYABLE BY CUSTOMER DURING THE FIRST YEAR OF THE EQUIPMENT DESCRIBED HEREINTERM SET FORTH THEREIN. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, HOWSOEVER ARISING, SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR NEITHER PARTY WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, AND HOLD LIABLE TO THE OTHER PARTYPARTY FOR ANY SPECIAL, ITS EMPLOYEESINCIDENTAL, DIRECTORSINDIRECT, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) LOSS OF PROFITS, REVENUE OR LOST BUSINESS OPPORTUNITIES (“CLAIMS”) IMPOSED UPON WHETHER ARISING OUT OF TRANSMISSION INTERRUPTIONS OR INCURRED PROBLEMS, ANY INTERRUPTION OR DEGRADATION OF SERVICE OR OTHERWISE), WHETHER FORESEEABLE OR NOT, EVEN IF A PARTY HAS BEEN ADVISED BY OR ASSERTED AGAINST ANY THE OTHER PARTY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE POSSIBILITY OF THE FOLLOWING: (A) DAMAGE AND EVEN IF A PARTY ASSERTS OR ESTABLISHES A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT. THE FAULTLIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO CLAIMS OF CUSTOMER, WHETHER OCCASIONED BY ANY CONSTRUCTION, INSTALLATIONS, RELOCATIONS, SERVICE, REPAIR OR MAINTENANCE PERFORMED BY, OR FAILED TO BE PERFORMED BY SGN, OR ANY OTHER CAUSE WHATSOEVER, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR WILLFUL MISCONDUCT STRICT LIABILITY. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOSS OF DATA OR OMISSIONSTECHNOLOGY. 8.2. SGN agrees to indemnify, OF THE OTHER PARTYdefend and hold Customer, ITS EMPLOYEES OR AGENTSits officers, OR OTHERS ACTING ON ITS BEHALFdirectors, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; employees, agents and contractors harmless from and against all loss, damage, liability, cost and expense (Bincluding reasonable attorney’s fees and expenses) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCEby reason of any claims or actions by third parties for (i) bodily injury or death, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; and damage, loss or destruction of any real or tangible personal property, which third party claims arise out of or relate to SGN’s gross negligence or willful misconduct or (Cii) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; infringement or misappropriation by SGN of any intellectual property rights under this Agreement. 8.3. Customer agrees to indemnify, defend and hold SGN, its officers, directors, employees, agents and contractors harmless from and against all loss, damage, liability, cost and expense (Dincluding reasonable attorney’s fees and expenses) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOMEby reason of any claims or actions by third parties for (i) bodily injury or death or damage, AND loss or destruction of any real or personal property (Eincluding without limitation the property of SGN), which third party claims arise out of or relate to Customer’s gross negligence or willful misconduct, (ii) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEinfringement or misappropriation by Customer of any intellectual property rights under this Agreement, or (iii) Customer’s or its customer’s use of the Products or Services, including without limitation, defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, or spamming or any other tortuous or illegal conduct.

Limitation of Liability; Indemnification. IT 10.1. THE SOFTWARE (INCLUDING ANY VIRTUAL ITEM OR CURRENCY) IS UNDERSTOOD PROVIDED "AS IS" AND AGREED "AS AVAILABLE", "WITH ALL DEFECTS" AND WITHOUT ANY WARRANTS, GUARANTEES, DUTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. 10.2. THE COMPANY DOES NOT WARRANTS TO YOU THE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF LIGHTNITE OR YOUR ACCOUNT AND YOU AGREE THAT MAMMOTOME’S LIABILITY HEREUNDER ANY WE WILL NOT BE LIABLE FOR ANY DAMAGE OR IN CONNECTION WITH LOSS THAT WAS NOT INTENTIONAL OR CAUSED DUE TO GROSS NEGLIGENCE BY THE MANUFACTURECOMPANY. SOME COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, RENTAL AND THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE TO YOU. THESE WARRANTIES MAY GIVE YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. 10.3. YOU EXPRESSLY ACCEPT THAT THE USE OF THE EQUIPMENT DESCRIBED HEREIN, HOWSOEVER ARISING, SHALL NOT EXCEED SOFTWARE IS AT YOUR OWN RISK AND YOU HEREBY AGREE TO HOLD THE AMOUNT COMPANY HARMLESS AND YOU WILL INDEMNIFY IT FOR ANY IMPROPER USE YOU MAY MAKE OF THE MONTHLY RENTAL FEE PAID SOFTWARE OR OF RELATED SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY CUSTOMER LAW, LIGHTNITE DISCLAIMS ALL WARRANTIES, EXPLICIT OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. 10.4. TO THE LAST TWELVE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT THE COMPANY (12INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE ISSUES RELATED TO THIRD PARTY LICENSORS) MONTHS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH EQUIPMENTLOSSES ARE QUALIFIED), HOWEVERARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFYWHETHER BASED ON CONTRACT, DEFENDTORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10.5. YOU AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS THE OTHER PARTYCOMPANY, ITS AFFILIATES AND LICENSEES, AND THEIR RESPECTIVE OFFICIALS, ADMINISTRATORS, EMPLOYEES, DIRECTORSCONTRACTORS, OFFICERS AGENTS, LICENSEES AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS SUPPLIERS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED CLAIMS, LIABILITIES, OBLIGATIONS, ANY KIND OF DAMAGES, JUDGMENTS, PENALTIESARBITRAL AWARDS, CAUSES OF ACTIONLOSSES, COSTS AND EXPENSES COSTS, FEES OR CHARGES (INCLUDING, WITHOUT LIMITATION, INCLUDING REASONABLE ATTORNEYS’ LEGAL FEES) (“CLAIMS”) IMPOSED UPON ARISING DIRECTLY OR INCURRED BY INDIRECTLY OUT FROM ANY UNAUTHORIZED OR ASSERTED AGAINST ANY ILLEGAL USE YOU MAKE OF THE INDEMNITEES SOFTWARE, THE WEBSITE, THE UGC, THE VIRTUAL ITEMS, ANY OTHER SERVICE PROVIDED BY THE COMPANY OR FROM VIOLATING THESE XXXX. 10.6. THE COMPANY IS NOT RESPONSIBLE FOR BODILY INJURIES LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE BITCOIN OR THE LIGHTNING NETWORK OR ANY DIGITAL WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN, INCLUDING DEATH) FORKS, TECHNICAL NODE ISSUES, OR DAMAGES ANY OTHER ISSUES HAVING FUND LOSSES OR CAUSING DAMAES AS A RESULTS. SHOULD THE COMPANY BE FOUND LIABLE TOWARDS YOU, YOU AGREE THAT THE OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR LOSS USE OF REAL (OR TANGIBLE PERSONAL PROPERTYYOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE GAME, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE GREATER OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCEAMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEUSD $50. 10.7. Limitations and exclusions of warranties and remedies in this XXXX may not fully apply to you because your jurisdiction may not allow them in your particular circumstance.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD 6.1 ALL TERMS, CONDITIONS AND AGREED THAT MAMMOTOMEWARRANTIES (INCLUDING ANY WARRANTY AS TO MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) IMPLIED BY COMMON LAW OR STATUTE (“IMPLIED WARRANTIES”) AS TO THE MANNER, QUALITY AND TIMING OF THE TESTING SERVICE ARE EXCLUDED UNLESS THE EXCLUSION OF ANY SUCH IMPLIED WARRANTIES WOULD CONTRAVENE APPLICABLE LAW OR CAUSE ANY PART OF THESE TERMS OR CONDITIONS OR ANY OTHER AGREEMENTS TO BE VOID. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF LABSTAT HEREUNDER ARE EXCLUSIVE. 6.2 LABSTAT’S LIABILITY HEREUNDER OR IN CONNECTION WITH THE MANUFACTURE, RENTAL OR USE TO CLIENT FOR BREACH OF ANY OF THE EQUIPMENT DESCRIBED HEREINTERMS OR CONDITIONS OR ANY AGREEMENT OF ANY IMPLIED WARRANTIES, OR FOR ANY NEGLIGENCE OR OTHER WRONGDOING IN THE PERFORMANCE OF TESTING SERVICES, SHALL IN NO CIRCUMSTANCES EXCEED A TOTAL AGGREGATE SUM EQUAL TO THE AMOUNT OF THE FEE PAID IN RESPECT OF THE SPECIFIC SERVICE WHICH GIVES RISE TO SUCH CLAIM OR USD$25,000, WHICHEVER AMOUNT IS THE LESSER. 6.3 NOTWITHSTANDING SECTION 6.2 HEREOF, LABSTAT SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF INFORMATION SYSTEM, LOSS OF GOODWILL, OR COST OF PRODUCT RECALL. 6.4 CLIENT SHALL HOLD HARMLESS AND INDEMNIFY LABSTAT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUBCONTRACTORS AGAINST ALL CLAIMS (ACTUAL OR THREATENED) BY ANY THIRD PARTY FOR LOSS, LIABILITY, DAMAGE OR EXPENSE OF WHATSOEVER NATURE INCLUDING ALL LEGAL EXPENSES AND RELATED COSTS, HOWSOEVER ARISING, SHALL NOT EXCEED THE AMOUNT RELATING TO ANY BREACH OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENTCLIENT’S REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFENDBREACH OF ANY TERM OF THESE TERMS AND CONDITIONS, AND HOLD THE OTHER PARTYUSE, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCEAPPLICATION, OR WILLFUL MISCONDUCT OR OMISSIONSUNAUTHORIZED DISCLOSURE OF ANY REPORTS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTSRESULTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH OTHER DOCUMENTATION PROVIDED BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMELABSTAT.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS CONTRACT, AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER IRRESPECTIVE OF ANY FAULT, NEGLIGENCE OR GROSS NEGLIGENCE OF ANY KIND, IN CONNECTION NO EVENT SHALL EITHER PARTY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, RELIANCE OR SPECIAL (INCLUDING PUNITIVE) DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR THE COSTS ASSOCIATED WITH THE MANUFACTURE, RENTAL OR USE OF RESTORATION FACILITIES RESULTING FROM ITS FAILURE TO PERFORM PURSUANT TO THE EQUIPMENT DESCRIBED HEREINTERMS AND CONDITIONS OF THIS CONTRACT. B. EXCEPT AS SET FORTH BELOW IN THE LAST TWO SENTENCES OF THIS SUB- ARTICLE 23(B), HOWSOEVER ARISINGTHE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR * MATERIAL OMITTED AND SEPARATELY FILED UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. CLAIMS RELATING TO SYSTEM UPGRADES, SHALL NOT EXCEED THE AMOUNT * OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR CONTRACT PRICE. THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL CLAIMS RELATING TO SYSTEM UPGRADES (IF CONTRACTOR CAN PROVE THAT THE SYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN AND THUS SUCH CLAIMS DO NOT BE LIMITEDARISE UNDER CLAUSE (ii) OF SUB- ARTICLE 10(B)) SHALL NOT EXCEED * OF THE APPLICABLE UPGRADE PRICE. BOTH PARTIES THE FOREGOING LIMITATION SHALL INDEMNIFY, DEFEND, NOT APPLY TO CLAIMS UNDER SUB-ARTICLES 19(A) AND HOLD 23(C). IF CONTRACTOR CANNOT PROVE THAT THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELYSYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN FOR A SYSTEM UPGRADE, THE “INDEMNITEES”CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER CLAUSE (ii) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIESOF SUB-ARTICLE 10(B) SHALL NOT EXCEED *. C. Contractor, OBLIGATIONSat its expense, DAMAGESshall defend, JUDGMENTSindemnify and hold harmless Purchaser, PENALTIESits agents, CAUSES OF ACTIONsubcontractors and employees against any and all claims, COSTS AND EXPENSES (INCLUDINGdemands, WITHOUT LIMITATIONand judgments for losses due to any act or omission, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTYarising out of, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWINGor in connection with this Contract or, prior to risk of loss passing to Purchaser, the operation and maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Contractor, its subcontractors, employees or agents. The defense, indemnification and save harmless obligation is specifically conditioned on the following: (Ai) THE FAULTPurchaser providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENTunless such failure shall not have materially impaired Contractor's ability to defend against such claim; (Bii) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCEContractor having control of the defense of any such action, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOMEclaim or demand and of all negotiations for its settlement or compromise; and (iii) Purchaser cooperating, at Contractor's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement. D. Purchaser, at its expense, shall defend, indemnify and hold harmless Contractor, its agents, subcontractors and employees against any and all claims, demands, and judgments for losses due to any act or omission, arising out of, or in connection with this Contract or, after risk of loss passes to Purchaser, the operation or maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Purchaser, its subcontractors, employees or agents (other than Contractor). The defense, indemnification and save harmless obligation is specifically conditioned on the following (i) Contractor providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, unless such failure shall not have materially impaired Purchaser's ability to defend against such claim; (Cii) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENTPurchaser having control of the defense of any such action, claim or demand and of all negotiations for its settlement or compromise; and (Diii) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOMEContractor cooperating, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEat Purchaser's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD AND AGREED THAT MAMMOTOME9.1. E xclusion of Consequential and Related D amages. EXCEPT FOR A PARTY’S LIABILITY HEREUNDER OR IN CONNECTION WITH INDEMNIFICATION OBLIGATIONS, PAYMENT OBLIGATIONS, DAMAGES ARISING FROM THE MANUFACTURE, RENTAL OR UNAUTHORIZED USE OF THE EQUIPMENT DESCRIBED HEREINOTHER’S INTELLECTUAL PROPERTY, HOWSOEVER ARISINGA BREACH OF CONFIDENTIALITY UNDER SECTION 7, SHALL NOT OR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF SUCH DAMAGES COULD HAVE BEEN FORESEEN OR IF A PARTY HAS BEEN APPRAISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARE ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF ANY STATUTORY DUTY OR OTHERWISE, IN NO EVENT WILL: (A) EITHER PARTY BE LIABLE FOR DAMAGES FOR LOSS OF PROFIT OR REVENUE, DATA THAT IS LOST OR CORRUPTED, LOSS OF GOODWILL, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND, (B) EACH PARTY’S TOTAL AND CUMULATIVE LIABILITY, FOR ALL CLAIMS OF ANY NATURE ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT OF THE MONTHLY RENTAL FEE TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR IN THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, AND HOLD IMMEDIATELY PROCEEDING THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OCCURRENCE OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES FIRST EVENT GIVING RISE TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH A CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE UNDER THIS AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOME.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD AND AGREED THAT MAMMOTOME’S 8.1. THE TOTAL LIABILITY HEREUNDER OF EITHER PARTY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH AN ORDER FORM, EXCLUDING EARLY TERMINATION CHARGES, IS LIMITED TO AN AMOUNT EQUAL ONE POINT FIVE TIMES (1.5X) THE MANUFACTURE, RENTAL TOTAL CHARGES PAYABLE BY CUSTOMER DURING THE TERM SET FORTH THEREIN. THE TOTAL LIABILITY OF RN FOR DAMAGES ARISING OUT OF OR USE IN CONNECTION WITH AN ORDER FORM IS LIMITED TO AN AMOUNT EQUAL TO THE TOTAL CHARGES PAYABLE BY CUSTOMER DURING THE FIRST YEAR OF THE EQUIPMENT DESCRIBED HEREINTERM SET FORTH THEREIN. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, HOWSOEVER ARISING, SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR NEITHER PARTY WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, AND HOLD LIABLE TO THE OTHER PARTYPARTY FOR ANY SPECIAL, ITS EMPLOYEESINCIDENTAL, DIRECTORSINDIRECT, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) LOSS OF PROFITS, REVENUE OR LOST BUSINESS OPPORTUNITIES (“CLAIMS”) IMPOSED UPON WHETHER ARISING OUT OF TRANSMISSION INTERRUPTIONS OR INCURRED PROBLEMS, ANY INTERRUPTION OR DEGRADATION OF SERVICE OR OTHERWISE), WHETHER FORESEEABLE OR NOT, EVEN IF A PARTY HAS BEEN ADVISED BY OR ASSERTED AGAINST ANY THE OTHER PARTY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE POSSIBILITY OF THE FOLLOWING: (A) DAMAGE AND EVEN IF A PARTY ASSERTS OR ESTABLISHES A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT. THE FAULTLIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO CLAIMS OF CUSTOMER, WHETHER OCCASIONED BY ANY CONSTRUCTION, INSTALLATIONS, RELOCATIONS, SERVICE, REPAIR OR MAINTENANCE PERFORMED BY, OR FAILED TO BE PERFORMED BY RN, OR ANY OTHER CAUSE WHATSOEVER, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX STRICT LIABILITY. IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOME.NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY

Limitation of Liability; Indemnification. IT IS UNDERSTOOD (a) IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT FOR ANY PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF FUTURE REVENUE OR INCOME, LOSS OF BUSINESS REPUTATION OR OPPORTUNITY RELATING TO THE BREACH OR ALLEGED BREACH OF THIS AGREEMENT, OR DIMINUTION OF VALUE, OR ANY DAMAGES BASED ON ANY TYPE OF MULTIPLE, WHETHER BASED ON STATUTE, CONTRACT, TORT OR OTHERWISE, AND AGREED THAT MAMMOTOME’S WHETHER OR NOT ARISING FROM THE OTHER PARTY'S SOLE, JOINT, OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CRIMINAL LIABILITY HEREUNDER OR OTHER FAULT. (b) SUBJECT TO THE LIMITATIONS SET FORTH IN CONNECTION WITH SECTION 18(a), THE MANUFACTURESERVICE PROVIDER (WHICH EXPRESSLY INCLUDES, RENTAL OR USE OF THE EQUIPMENT DESCRIBED HEREINBOTH JOINTLY AND SEVERALLY, HOWSOEVER ARISING, SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR THE LAST TWELVE (12BLH AND LICENSEE) MONTHS FOR SUCH EQUIPMENT, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, DEFEND AND HOLD HARMLESS THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS CORPORATION INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY LOSSES OF THE INDEMNITEES FOR BODILY INJURIES CORPORATION INDEMNIFIED PARTIES RELATING TO, ARISING OUT OF OR RESULTING FROM: (INCLUDING DEATHX) A BREACH OF ANY REPRESENTATION, WARRANTY OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE COVENANT OF THE FOLLOWING: CORPORATION SET OUT IN THIS AGREEMENT; (AY) THE FAULT, NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WILFUL MISCONDUCT; OR OMISSIONS(Z) BREACH OF APPLICABLE LAW (OTHER THAN ANY FEDERAL LAW OF THE UNITED STATES OF AMERICA RELATED TO CANNABIS), OF THE OTHER PARTYSERVICE PROVIDER, ITS EMPLOYEES AFFILIATES AND/OR AGENTSANYONE FOR WHOM IT IS RESPONSIBLE AT LAW IN CONNECTION WITH THIS AGREEMENT. (c) SUBJECT TO THE LIMITATIONS SET FORTH IN SECTION 18(a), THE CORPORATION SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE SERVICE PROVIDER INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LOSSES OF THE SERVICE PROVIDER INDEMNIFIED PARTIES RELATING TO, ARISING OUT OF OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE RESULTING FROM: (X) A BREACH BY ANY OF THEM OF ANY PROVISION REPRESENTATION, WARRANTY OR COVENANT OF THE SERVICE PROVIDER SET OUT IN THIS AGREEMENT; (BY) THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT; OR (Z) BREACH OF APPLICABLE LAW (OTHER THAN ANY ALTERATION FEDERAL LAW OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX UNITED STATES OF AMERICA RELATED TO CANNABIS), OF THE CORPORATION AND ITS AFFILIATES IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT CONNECTION WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMETHIS AGREEMENT.

Limitation of Liability; Indemnification. IT COGNILLO WARRANTS THAT ALL THE SOFTWARE IS UNDERSTOOD AS DESCRIBED IN ITS LITERATURE AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER OR IN CONNECTION WITH THE MANUFACTURETECHNICAL SPECIFICATIONS, RENTAL OR USE OF THE EQUIPMENT DESCRIBED HEREIN, HOWSOEVER ARISING, SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, AND HOLD THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST COGNILLO EXPRESSLY DISCLAIMS ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIESOTHER WARRANTIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS OTHER REPRESENTATIONS MADE TO ANY OF DISTRIBUTOR'S CUSTOMERS. COGNILLO OWNER DOES NOT AUTHORIZE DISTRIBUTOR TO CREATE ANY WARRANTY OR OBLIGATION EXCEPT AS EXPRESSLY AUTHORIZED HEREIN. SPECIFICALLY, BUT WITHOUT LIMITING THE INDEMNITEES GENERALITY OF THE FOREGOING, DISTRIBUTOR UNDERSTANDS THAT IT IS NOT AUTHORIZED TO MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF SOFTWARE OWNER'S PRODUCTS FOR BODILY INJURIES (INCLUDING DEATH) ANY PARTICULAR APPLICATION, AND THAT IF DISTRIBUTOR MAKES SUCH REPRESENTATIONS OR DAMAGES RECOMMENDATIONS, DISTRIBUTOR WILL BEAR FULL RESPONSIBILITY FOR THEM. COGNILLO’S ENTIRE RESPONSIBILITY IN THE EVENT OF THE BREACH OF ANY WARRANTY SHALL BE TO REFUND THE LICENSE FEE PAID FOR THE SOFTWARE, OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTYAT ITS OPTION, TO CORRECT THE EXTENT THAT ANY SUCH CLAIM ARISES DEFECT IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMESOFTWARE.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS CONTRACT, AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER IRRESPECTIVE OF ANY FAULT, NEGLIGENCE OR GROSS NEGLIGENCE OF ANY KIND, IN CONNECTION NO EVENT SHALL EITHER PARTY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, RELIANCE OR SPECIAL (INCLUDING PUNITIVE) DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR THE COSTS ASSOCIATED WITH THE MANUFACTURE, RENTAL OR USE OF RESTORATION FACILITIES RESULTING FROM ITS FAILURE TO PERFORM PURSUANT TO THE EQUIPMENT DESCRIBED HEREINTERMS AND CONDITIONS OF THIS CONTRACT. B. EXCEPT AS SET FORTH BELOW IN THE LAST TWO SENTENCES OF THIS SUB-ARTICLE 23(B), HOWSOEVER ARISINGTHE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS RELATING TO SYSTEM UPGRADES, SHALL NOT EXCEED THE AMOUNT * OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR CONTRACT PRICE. THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL NOT BE LIMITED. BOTH PARTIES SHALL INDEMNIFY, DEFEND, AND HOLD THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOME* Material omitted and separately filed with the Commission under an application for confidential treatment.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS CONTRACT, AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER IRRESPECTIVE OF ANY FAULT, NEGLIGENCE OR GROSS NEGLIGENCE OF ANY KIND, IN CONNECTION NO EVENT SHALL EITHER PARTY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, * Material omitted and separately filed with the Commission under an application for confidential treatment. 62 59 INCIDENTAL, INDIRECT, RELIANCE OR SPECIAL (INCLUDING PUNITIVE) DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR THE COSTS ASSOCIATED WITH THE MANUFACTURE, RENTAL OR USE OF RESTORATION FACILITIES RESULTING FROM ITS FAILURE TO PERFORM PURSUANT TO THE EQUIPMENT DESCRIBED HEREINTERMS AND CONDITIONS OF THIS CONTRACT. B. EXCEPT AS SET FORTH BELOW IN THE LAST TWO SENTENCES OF THIS SUB-ARTICLE 23(B), HOWSOEVER ARISINGTHE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR CLAIMS RELATING TO SYSTEM UPGRADES, SHALL NOT EXCEED THE AMOUNT ONE HUNDRED PERCENT (100%) OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR CONTRACT PRICE. THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL CLAIMS RELATING TO SYSTEM UPGRADES (IF CONTRACTOR CAN PROVE THAT THE SYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN AND THUS SUCH CLAIMS DO NOT BE LIMITEDARISE UNDER CLAUSE (ii) OF SUB-ARTICLE 10(B)) SHALL NOT EXCEED ONE HUNDRED PERCENT (100%) OF THE APPLICABLE UPGRADE PRICE. BOTH PARTIES THE FOREGOING LIMITATION SHALL INDEMNIFY, DEFEND, NOT APPLY TO CLAIMS UNDER SUB-ARTICLES 19(A) AND HOLD 23(C). IF CONTRACTOR CANNOT PROVE THAT THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELYSYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN FOR A SYSTEM UPGRADE, THE “INDEMNITEES”CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER CLAUSE (ii) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS AND EXPENSES SUB-ARTICLE 10(B) SHALL NOT EXCEED ONE HUNDRED PERCENT (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES100%) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES UPGRADEABILITY LIABILITY LIMIT. C. Contractor, at its expense, shall defend, indemnify and hold harmless Purchaser, its affiliates, agents, subcontractors and employees (INCLUDING DEATHcollectively, the "Indemnitees") OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTYagainst any and all claims, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWINGproceedings, demands, costs, expenses, liabilities (including without limitation, reasonable legal fees), and judgements for losses (collectively, "Liabilities") asserted against or incurred by any Indemnitee, arising out of, or in connection with (a) this Contract, and/or the performance thereof by Contractor or any of its subcontractors, or (b) the operation and maintenance of the System prior to the risk of loss passing to Purchaser, resulting from acts or omissions of Contractor or any Subcontractor, regardless of whether involving errors, negligence or willful misconduct or resulting from, strict liability or statutory liability, except to the extent that such Liabilities were caused by the negligent acts or willful misconduct of Purchaser. The defense, indemnification and save harmless obligation is specifically conditioned on the following: (Ai) THE FAULTPurchaser providing prompt notification in writing of any such Liability when it obtains Actual Knowledge thereof, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENTunless such failure shall not have materially impaired Contractor's ability to defend against such claim; (Bii) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCEContractor having control of the defense of any such action, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOMEclaim or demand and of all negotiations for its settlement or compromise; and (iii) Purchaser cooperating, at Contractor's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement. The Purchaser, at its option, shall be entitled to participate, at its own expense, in any proceeding, claim or demand involving an Indemnitee. D. Purchaser, at its expense, shall defend, indemnify and hold harmless Contractor, its agents, subcontractors and employees against any and all claims, demands, and judgments for losses due to any act or omission, arising out of, or in connection with this Contract or, after risk of loss passes to Purchaser, the operation or maintenance of the System, to the extent such losses 63 60 were caused by the negligence or willful misconduct of the Purchaser, its subcontractors, employees or agents (other than Contractor). The defense, indemnification and save harmless obligation is specifically conditioned on the following (i) Contractor providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, unless such failure shall not have materially impaired Purchaser's ability to defend against such claim; (Cii) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENTPurchaser having control of the defense of any such action, claim or demand and of all negotiations for its settlement or compromise; and (Diii) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOMEContractor cooperating, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEat Purchaser's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS CONTRACT, AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER IRRESPECTIVE OF ANY FAULT, NEGLIGENCE OR GROSS NEGLIGENCE OF ANY KIND, IN CONNECTION NO EVENT SHALL EITHER PARTY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, RELIANCE OR SPECIAL (INCLUDING PUNITIVE) DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR THE COSTS ASSOCIATED WITH THE MANUFACTURE, RENTAL OR USE OF RESTORATION FACILITIES RESULTING FROM ITS FAILURE TO PERFORM PURSUANT TO THE EQUIPMENT DESCRIBED HEREINTERMS AND CONDITIONS OF THIS CONTRACT. B. EXCEPT AS SET FORTH BELOW IN THE LAST TWO SENTENCES OF THIS SUB- ARTICLE 23(B), HOWSOEVER ARISINGTHE CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR * MATERIAL OMITTED AND SEPARATELY FILED WITH THE COMMISSION UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. CLAIMS RELATING TO SYSTEM UPGRADES, SHALL NOT EXCEED THE AMOUNT * OF THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR CONTRACT PRICE. THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL CLAIMS RELATING TO SYSTEM UPGRADES (IF CONTRACTOR CAN PROVE THAT THE SYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN AND THUS SUCH CLAIMS DO NOT BE LIMITEDARISE UNDER CLAUSE (ii) OF SUB- ARTICLE 10(B)) SHALL NOT EXCEED * OF THE APPLICABLE UPGRADE PRICE. BOTH PARTIES THE FOREGOING LIMITATION SHALL INDEMNIFY, DEFEND, NOT APPLY TO CLAIMS UNDER SUB-ARTICLES 19(A) AND HOLD 23(C). IF CONTRACTOR CANNOT PROVE THAT THE OTHER PARTY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELYSYSTEM WAS DESIGNED WITH SUFFICIENT TRANSMISSION MARGIN FOR A SYSTEM UPGRADE, THE “INDEMNITEES”CONTRACTOR'S MAXIMUM AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER CLAUSE (ii) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIESOF SUB-ARTICLE 10(B) SHALL NOT EXCEED *. C. Contractor, OBLIGATIONSat its expense, DAMAGESshall defend, JUDGMENTSindemnify and hold harmless Purchaser, PENALTIESits agents, CAUSES OF ACTIONsubcontractors and employees against any and all claims, COSTS AND EXPENSES (INCLUDINGdemands, WITHOUT LIMITATIONand judgments for losses due to any act or omission, REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTYarising out of, TO THE EXTENT THAT ANY SUCH CLAIM ARISES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWINGor in connection with this Contract or, prior to risk of loss passing to Purchaser, the operation and maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Contractor, its subcontractors, employees or agents. The defense, indemnification and save harmless obligation is specifically conditioned on the following: (Ai) THE FAULTPurchaser providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENTunless such failure shall not have materially impaired Contractor's ability to defend against such claim; (Bii) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCEContractor having control of the defense of any such action, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOMEclaim or demand and of all negotiations for its settlement or compromise; and (iii) Purchaser cooperating, at Contractor's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement. D. Purchaser, at its expense, shall defend, indemnify and hold harmless Contractor, its agents, subcontractors and employees against any and all claims, demands, and judgments for losses due to any act or omission, arising out of, or in connection with this Contract or, after risk of loss passes to Purchaser, the operation or maintenance of the System, to the extent such losses were caused by the negligence or willful misconduct of the Purchaser, its subcontractors, employees or agents (other than Contractor). The defense, indemnification and save harmless obligation is specifically conditioned on the following (i) Contractor providing prompt notification in writing of any such claim or demand when it obtains Actual Knowledge thereof, unless such failure shall not have materially impaired Purchaser's ability to defend against such claim; (Cii) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENTPurchaser having control of the defense of any such action, claim or demand and of all negotiations for its settlement or compromise; and (Diii) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOMEContractor cooperating, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMEat Purchaser's expense, in a reasonable way to facilitate the defense of such claim or demand or the negotiations for its settlement.

Limitation of Liability; Indemnification. IT IS UNDERSTOOD AND AGREED THAT MAMMOTOME’S LIABILITY HEREUNDER 1. 7.1 LIMITATION OF LIABILITY: IN NO EVENT SHALL SCFCU BE LIABLE FOR DELAYS WHICH HAPPEN FOR REASONS BEYOND ITS CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OF CIVIL, MILITARY, OR IN CONNECTION BANKING AUTHORITIES, NATIONAL EMERGENCIES, RIOTS, WEATHER, UNAVOIDABLE DIFFICULTIES WITH EQUIPMENT, THE UNAVAILABILTY WITH THE MANUFACTUREINTERNET, RENTAL ANY ERRORS IN INFORMATION PROVIDED, ANY DIFFICULTIES CAUSED BY AN INTERNET OR USE OF OTHER SERVICE PROVIDER OR ANY HARDWARE OR SOFTWARE FAILURE, WHETHER CAUSED BY A VIRUS OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE EQUIPMENT DESCRIBED CONTRARY HEREIN, HOWSOEVER ARISING, SHALL NOT IN NO EVENT WILL SCFCU BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND THAT EXCEED AN AMOUNT EQUAL TO THE AMOUNT OF ITEMS RECEIVED BY SCFCU FROM MEMBER FOR "DEPOSZIP" SERVICES DURING THE MONTHLY RENTAL FEE PAID BY CUSTOMER FOR MONTH PRECEDING THE LAST TWELVE (12) MONTHS FOR SUCH EQUIPMENT, HOWEVER, LIABILITY FOR INTENTIONAL MISBEHAVIOR WILL DATE ON WHICH THE CLAIM FIRST ACCRUED. SCFCU SHALL NOT BE LIMITEDLIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. BOTH PARTIES SHALL INDEMNIFYMEMBER AGREES THAT THE DOLLAR LIMITATION DESCRIBED IN THIS SECTION IS REASONALBE, DEFENDEVEN IF ITS ACTUAL DAMAGES EXCEED THIS LIMITATION. 2. 7.2 INDEMNIFICATION: IN ADDITION TO ITS INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, AND HOLD THE OTHER PARTYEXCEPT FOR LOSSES OR EXPENSES ATTRIBUTABLE TO SCFCU'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. MEMBER AGREES TO INDEMNIFY SCFCU FOR ANY LOSS OR EXPENSE SUSTAINED (INCLUDING INTEREST, ITS EMPLOYEESCOSTS, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ASSOCIATED LIABILITIES, OBLIGATIONS, DAMAGES, JUDGMENTS, PENALTIES, CAUSES OF ACTION, COSTS ATTORNEY'S FEES AND EXPENSES OF LITIGATION) RESULTING FROM (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEESi) MEMBER'S LACK OF AUTHORITY TO MAKE THE WARRANTY IN SUBSECTION 6.1(E): (“CLAIMS”ii) IMPOSED UPON ANY ACTION TAKEN OR INCURRED NOT TAKEN BY SCFCU WITHIN THE SCOPE OF ITS AUTHORITY IN HANDLING AN ITEM: (iii) ANY WARRANTY REQUIRED TO BE MADE BY SCFCU WITH RESPECT TO AN ITEM UNDER APPLICABLE LAW OR ASSERTED AGAINST ANY REGULATION: AND (iv) BREACH OF THE INDEMNITEES FOR BODILY INJURIES (INCLUDING DEATH) REPRESENTATIONS OR DAMAGES TO OR LOSS OF REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT THAT ANY SUCH CLAIM ARISES WARRANTIES IN WHOLE OR IN PART FROM ANY ONE OR MORE OF THE FOLLOWING: (A) THE FAULT, NEGLIGENCE, OR WILLFUL MISCONDUCT OR OMISSIONS, OF THE OTHER PARTY, ITS EMPLOYEES OR AGENTS, OR OTHERS ACTING ON ITS BEHALF, INCLUDING THE BREACH BY ANY OF THEM OF ANY PROVISION OF THE AGREEMENT; (B) ANY ALTERATION OF THE EQUIPMENT NOT AUTHORIZED BY XXXXXXXXX IN WRITING IN ADVANCE, OR BY A PERSON NOT AUTHORIZED BY MAMMOTOME; (C) COMBINING MAMMOTOME’S EQUIPMENT WITH ANY EQUIPMENT OR PRODUCT FURNISHED BY OTHERS WHERE SUCH COMBINATION CAUSES FAILURE OF OR DEGRADATION TO PERFORMANCE OF MAMMOTOME’S EQUIPMENT; (D) COMBINING INCOMPATIBLE PRODUCTS OF MAMMOTOME, AND (E) FAILURE TO COMPLY WITH ANY APPLICABLE WRITTEN INSTRUCTIONS OF MAMMOTOMESUBSECTIONS 6.1.