Common use of Limitation of Warranties Clause in Contracts

Limitation of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 14.3, DUKE MAKES NO WARRANTIES OF ANY KIND. IN PARTICULAR, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR IS THERE A WARRANTY THAT THE USE OF THE PATENTS AND/OR KNOW-HOW, OR USE, MANUFACTURE OR SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY OF ANY OF THE PATENTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATION, EXPRESS OR IMPLIED, TO SUPERVISE, MONITOR, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE PRODUCTION, USE, PRACTICE, LEASE, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY OF THE FOREGOING.

Limitation of Warranties. EXCEPT AS SET FORTH IN THE AGREEMENT, EACH PARTY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES TO EACH OTHER, EXCEPT AS EXPRESSLY CONTAINED IN THE AGREEMENT, AND ANY AND ALL PRIOR REPRESENTATIONS AND WARRANTIES MADE BY ANY PARTY OR ITS REPRESENTATIVES, WHETHER VERBALLY OR IN WRITING, ARE DEEMED TO HAVE BEEN MERGED INTO THE AGREEMENT, IT BEING INTENDED THAT NO SUCH PRIOR REPRESENTATIONS OR WARRANTIES SHALL SURVIVE THE EXECUTION AND DELIVERY OF THE AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 14.3HEREIN, DUKE NEITHER PARTY MAKES NO ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. IN PARTICULAR, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR IS THERE A WARRANTY THAT THE USE OF THE PATENTS AND/OR KNOW-HOW, OR USE, MANUFACTURE OR SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY OF ANY OF THE PATENTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATIONWHATSOEVER, EXPRESS OR IMPLIED, TO SUPERVISE, MONITOR, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROMRESPECT TO: (A) THE PRODUCTION, USE, PRACTICE, LEASEMARKETED PRODUCTS TECHNOLOGY OR UCYCLYD MANUFACTURING TECHNOLOGY, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE ISSUANCE, VALIDITY, SCOPE, UTILITY OR ENFORCEABILITY OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY OF THE FOREGOINGMARKETED PRODUCTS PATENTS OR UCYCLYD MANUFACTURING PATENTS.

Limitation of Warranties. EXCEPT a. THE EQUIPMENT IS LEASED AS EXPRESSLY SET FORTH IN ARTICLE 14.3IS. PROVIDED THAT LESSEE COMPLIES FULLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT, DUKE MAKES LESSOR WARRANTS THAT LESSEE SHALL HAVE QUIET POSSESSION OF THE EQUIPMENT. SAVE AS AFORESAID NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OF ANY KIND. KIND HAVE BEEN OR ARE GIVEN BY LESSOR IN PARTICULARRELATION TO THE EQUIPMENT, THERE ARE NO EXPRESS OR IMPLIED AND ALL REPRESENTATIONS_ AND WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR IS THERE A WARRANTY THAT THE USE OF THE PATENTS AND/OR KNOW-HOW, OR USE, MANUFACTURE OR SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY OF ANY OF THE PATENTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATION, WHETHER EXPRESS OR IMPLIED, WHETHER IN RELATION TO SUPERVISE, MONITOR, REVIEW THE FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSSCOUNTRY, OR DAMAGEWHETHER IN RELATION TO MERCHANTABILITY OR AS TO DESCRIPTION, OF ANY KIND OR NATURESTATE, SUSTAINED BYQUALITY, OR ANY DAMAGE ASSESSED CONDITION OF THE EQUIPMENT AT DELIVERY OR ASSERTED AGAINST, OR AT ANY OTHER LIABILITY INCURRED TIME ARE HEREBY WAIVED, EXCLUDED AND EXTINGUISHED. b. LESSEE’S OBLIGATIONS UNDER THIS AGREEMENT ARE ABSOLUTE AND SHALL NOT BE AFFECTED BY ANY CIRCUMSTANCE OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITYEVENT BEYOND LESSEE’S CONTROL OF WHATEVER NATURE. c. Lessee will not suffer to be created, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE PRODUCTIONnor permit to be continued, USEnor fail to discharge, PRACTICEany lien or encumbrance incurred by Lessee or its agents against the equipment covered hereunder, LEASE, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY OF THE FOREGOINGnor shall Lessee or its agents procure any document of title which might at any time encumber the owner’s title to or infringe upon Lessor’s possessory rights to the equipment at expiration or earlier termination of the leasing thereof to the Lessee.

Limitation of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 14.3, DUKE MAKES NO WARRANTIES OF ANY KIND. IN PARTICULAR, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR IS THERE A WARRANTY THAT THE USE OF THE PATENTS AND/OR KNOW-HOW, OR USE, MANUFACTURE OR SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY OF ANY OF THE PATENTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATION, EXPRESS OR IMPLIED, TO SUPERVISE, MONITOR, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE PRODUCTION, USE, PRACTICE, LEASE, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY OF THE FOREGOING.​ ​ ​

Limitation of Warranties. THE COMPANY ACKNOWLEDGES AND AGREES THAT EXCEPT AS EXPRESSLY SET FORTH FOR THE WARRANTIES SPECIFIED IN ARTICLE 14.3PARAGRAPH 8, DUKE MULTEX MAKES NO OTHER WARRANTIES WHATSOEVER, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF ANY KIND. IN PARTICULAR, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSEPURPOSE OR MERCHANTABILITY, NOR IS THERE A WARRANTY THAT CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT, THE MULTEX SOFTWARE, THIRD PARTY SOFTWARE OR THE DOCUMENTATION. MULTEX DOES NOT GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE RESEARCH AS DISPLAYED OR PROVIDED THROUGH THE SERVICES. MULTEX AND ITS THIRD PARTY LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS THE COMPANY MAY OBTAIN BY THE USE OF THE PATENTS AND/SOFTWARE OR KNOW-HOWSERVICES. MULTEX ACKNOWLEDGES AND AGREES THAT EXCEPT FOR THE WARRANTIES SPECIFIED IN PARAGRAPH 8. THE COMPANY MAKES NO OTHER WARRANTIES WHATSOEVER, WRITTEN OR USEORAL, MANUFACTURE EXPRESS, IMPLIED OR SALE STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF THE LICENSED PRODUCTS FITNESS FOR A PARTICULAR PURPOSE OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENTMERCHANTABILITY, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. IN ADDITION, NOTHING IN CONCERNING THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY OF ANY OF RESEARCH. THE PATENTS OR COMPANY DOES NOT GUARANTEE THE ACCURACY, SAFETY, EFFICACY, VALIDITY OR USEFULNESS, FOR ANY PURPOSE, COMPLETENESS OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS RESEARCH AS DISPLAYED OR LICENSED PROVIDED THROUGH THE SERVICES. DUKE HAS NO OBLIGATIONTHE COMPANY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS MULTEX, EXPRESS ITS SUBSCRIBERS, DATA PROVIDERS OR IMPLIED, TO SUPERVISE, MONITOR, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED THEIR CLIENTS MAY OBTAIN BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE PRODUCTION, USE, PRACTICE, LEASE, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY OF THE FOREGOINGRESEARCH.

Limitation of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 14.3PROVIDED HEREIN, DUKE EQUANT, NOT BEING THE MANUFACTURER AND/OR SUPPLIER OF THE EQUIPMENT, NOR THE MANUFACTURER'S AND/OR SUPPLIER'S AGENT, MAKES NO WARRANTIES OF ANY KIND. IN PARTICULARWARRANTY OR REPRESENTATION, THERE ARE NO EITHER EXPRESS OR IMPLIED WARRANTIES OF IMPLIED, AS TO THE QUALITY, DESIGN, CONDITION, CAPACITY, suitability, MERCHANTABILITY OR FITNESS PERFORMANCE OF THE PATENTS EQUIPMENT, OR KNOW-HOW FITNESS FOR A PARTICULAR PURPOSE, NOR IS THERE A WARRANTY THAT THE USE OR OF THE PATENTS AND/MATERIAL OR KNOW-HOWWORKMANSHIP OF THE EQUIPMENT, OR USE, MANUFACTURE OR SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY EXISTENCE OF ANY OF LATENT OR PATENT DEFECTS, AND EQUANT HEREBY DISCLAIMS ALL SUCH WARRANTIES, IT BEING AGREED THAT, AS BETWEEN EQUANT AND CUSTOMER, THE PATENTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOWEQUIPMENT IS SUPPLIED "AS-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATIONIS" AND THAT CUSTOMER SHALL HAVE ONLY SUCH WARRANTIES, EXPRESS OR IMPLIED, TO SUPERVISEIF ANY, MONITOR, REVIEW AS PROVIDED BY THE MANUFACTURER AND/OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSSEQUANT, OR DAMAGE, THIRD PARTY LICENSOR OF SUCH EQUIPMENT. EQUANT SHALL NOT HAVE ANY KIND RESPONSIBILITY OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH THE ENTRY OR RESULTING FROM: (A) THE PRODUCTION, USE, PRACTICEINCLUDING OUTPUT, LEASEOF CUSTOMER'S DATA. EQUANT DOES NOT WARRANT, GUARANTEE OR SALE BY LICENSEE OR ITS AFFILIATESMAKE ANY REPRESENTATIONS CONCERNING THE USE, DISTRIBUTORS, END-USERS OR SUBLICENSEES THE RESULTS OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERSEQUIPMENT, OR SUBLICENSEES; THE CORRECTNESS, ACCURACY, RELIABILITY, CAPACITY OR (C) ANY ADVERTISING LIMITATIONS RELATED TO THE EQUIPMENT. EQUANT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE EQUIPMENT WILL MEET CUSTOMER'S REQUIREMENTS OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE EXPECTATION OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY THAT THE OPERATION OF THE FOREGOINGEQUIPMENT WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER UNDERSTANDS THAT SUCH LIMITATIONS MAY RESTRICT OR LIMIT THE CAPABILITIES OR PERFORMANCE CHARACTERISTICS OF THE EQUIPMENT. CUSTOMER ACKNOWLEDGES THAT IT HAS SELECTED THE PRODUCTS ON THE BASIS OF ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE UPON ANY STATEMENTS MADE BY EQUANT. The Parties acknowledge that Equant is not a Hardware or Software manufacturer. Therefore, the Parties expressly stipulate and agree that Equant shall have no responsibility for either the date calculations and other processing for the years 2000 and beyond or for any problems relating to date changes. Equant shall have no obligation under this Agreement to correct any date change problems or Year 2000 problems. The Parties may conclude a separate arrangement to correct such problems on such terms and conditions as the Parties may mutually agree.

Limitation of Warranties. (a) Assignor does hereby bind itself, its successors and assigns, to warrant and forever defend all and singular Defensible Title to the Subject Interests, unto Assignee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Assignor, but not otherwise; subject, however, to the Permitted Encumbrances (b) EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN ARTICLE 14.3SECTION 4.1 OF THAT CERTAIN LEASE PURCHASE AGREEMENT DATED JANUARY __, DUKE MAKES NO WARRANTIES 2006, BY AND BETWEEN ASSIGNOR AND ASSIGNEE, AND THE SPECIAL WARRANTY OF TITLE TO THE SUBJECT INTERESTS CONTAINED IN THIS ASSIGNMENT, THE SUBJECT INTERESTS ARE CONVEYED AND ACCEPTED PURSUANT HERETO WITHOUT ANY KIND. OTHER COVENANT, REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO (A) THE QUANTITY, QUALITY, CONDITION, SIZE, WEIGHT, SERVICEABILITY, CONFORMITY TO SAMPLES OF MODELS, (B) ANY OTHER ASPECT OR CONDITION OF THE SUBJECT INTERESTS, ALL OF WHICH ARE CONVEYED BY ASSIGNOR TO ASSIGNEE AS IS, WHERE IS, AND WITH ALL FAULTS AND DEFECTS AND IN PARTICULARTHEIR PRESENT CONDITION AND STATE OF REPAIR AND WITHOUT ANY COVENANTS, THERE ARE NO EXPRESS REPRESENTATIONS OR IMPLIED WARRANTIES WARRANTIES, WHATSOEVER OF MERCHANTABILITY OR OF FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR IS THERE (C) THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO ASSIGNEE BY, ON BEHALF OF OR AT THE DIRECTION OF ASSIGNOR IN CONNECTION WITH THIS ASSIGNMENT INCLUDING, WITHOUT LIMITATION, THAT RELATIVE TO PRICING ASSUMPTIONS, QUALITY, QUANTITY OR VOLUMES OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE SUBJECT INTERESTS OR THE ABILITY OR POTENTIAL OF THE SUBJECT INTERESTS OR THE LANDS COVERED BY THE LEASES TO PRODUCE HYDROCARBONS, (D) THE PHYSICAL AND ENVIRONMENTAL CONDITION OF SAID LANDS, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS, IT BEING AGREED BY ASSIGNEE THAT ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS (WRITTEN OR ORAL) FURNISHED OR OTHERWISE MADE AVAILABLE OR DISCLOSED TO ASSIGNEE HAVE BEEN AND WILL BE PROVIDED TO ASSIGNEE AS A WARRANTY THAT THE CONVENIENCE AND SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF OR AGAINST ASSIGNOR AND ANY RELIANCE ON OR USE OF THE PATENTS AND/SAME SHALL BE AT ASSIGNEE'S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, (E) TITLE TO OR KNOW-HOW, THE OWNERSHIP OR USE, MANUFACTURE OR SALE OPERATION OF THE LICENSED PRODUCTS SUBJECT INTERESTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENTPART THEREOF AND (F) THE ACCURACY OR COMPLETENESS OF ANY REPORT, COPYRIGHT, TRADEMARK, ASSESSMENT OR OTHER RIGHTS. IN ADDITIONMATERIAL PURPORTING TO ASSESS OR ALLOCATE PRODUCTION, NOTHING IN THIS AGREEMENT MAY BE DEEMED RESERVES OR VALUE TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY OF ANY OF THE PATENTS SUBJECT INTERESTS OR THE ACCURACYLANDS SUBJECT TO THE LEASES. (c) To the extent transferable, SAFETYAssignee shall be and is hereby subrogated to all covenants and warranties of title by parties heretofore given or made to Assignor or its predecessors in title in respect of any of the Subject Interests. (d) Notwithstanding anything contained herein to the contrary, EFFICACYit is expressly understood and agreed that nothing contained herein is intended or shall operate to limit, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATION, EXPRESS OR IMPLIED, TO SUPERVISE, MONITOR, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: impair or release any of the respective rights or obligations of Assignee or Assignor under the Lease Purchase Agreement mentioned in paragraph (Ab) THE PRODUCTION, USE, PRACTICE, LEASE, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY OF THE FOREGOINGof this Article III.

Limitation of Warranties. THE EXPRESS REPRESENTATIONS OF THE SELLER ------------------------ CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF, AND THE SELLER EXPRESSLY DISCLAIMS AND NEGATES AND THE BUYER HEREBY WAIVES, ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE QUALITY, QUANTITY OR CONDITION OF THE ASSETS COMPRISING PBH'S OPAQUE LENS BUSINESS OR THE OWNERSHIP OR OPERATION OF PBH'S OPAQUE LENS BUSINESS OR ANY PART THEREOF, EXCEPT AS EXPRESSLY OTHERWISE SET FORTH IN ARTICLE 14.3HEREIN. THE SELLER DOES NOT MAKE OR PROVIDE, DUKE MAKES NO WARRANTIES OF AND THE BUYER HEREBY WAIVES, ANY KIND. IN PARTICULARWARRANTY OR REPRESENTATION, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR IMPLIED, AS TO THE QUALITY, MERCHANTABILITY, FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR IS THERE A WARRANTY THAT THE USE OF THE PATENTS AND/OR KNOW-HOWCONFORMITY TO SAMPLES, OR USE, MANUFACTURE OR SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY CONDITION OF ANY OF THE PATENTS ASSETS COMPRISING PBH'S OPAQUE LENS BUSINESS OR ANY PART THERETO, EXCEPT AS OTHERWISE SET FORTH HEREIN. THE ACCURACYSELLER DISCLAIMS AND NEGATES, SAFETYAND THE BUYER HEREBY WAIVES, EFFICACYALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR USEFULNESSSTATUTORY. THE ITEMS OF PERSONAL PROPERTY, FOR ANY PURPOSEEQUIPMENT, IMPROVEMENTS, FIXTURES AND APPURTENANCES CONVEYED AS PART OF THE PATENTSASSETS COMPRISING PBH'S OPAQUE LENS BUSINESS ARE SOLD, KNOW-HOWAND THE BUYER ACCEPTS SUCH ITEMS "AS IS, LICENSED PRODUCTS OR LICENSED SERVICESWITH ALL FAULTS", EXCEPT AS OTHERWISE SET FORTH HEREIN. DUKE HAS THERE ARE NO OBLIGATION, EXPRESS OR IMPLIED, TO SUPERVISE, MONITOR, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY FOR WARRANTIES THAT EXTEND BEYOND THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE FACE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE PRODUCTION, USE, PRACTICE, LEASE, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY OF THE FOREGOINGTHIS AGREEMENT.

Limitation of Warranties. PURCHASER AGREES THAT EXCEPT AS FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLE 14.3IV OF THIS AGREEMENT, DUKE EACH SELLER MAKES NO WARRANTIES OF ANY KIND. IN PARTICULARREPRESENTATION OR WARRANTY WHATSOEVER, THERE ARE NO WHETHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY IMPLIED, AT EQUITY, COMMON LAW, BY STATUTE OR OTHERWISE, WITH RESPECT TO (i) THE VALUE, CONDITION, MERCHANTABILITY, FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR IS THERE A WARRANTY THAT THE USE OF THE PATENTS AND/PURPOSE OR KNOW-HOW, OR USE, MANUFACTURE OR SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY SUITABILITY OF ANY OF THE PATENTS PROJECT, THE ASSETS, PROPERTIES, RIGHTS OR CLAIMS OF ANY SELLER, THE ACCURACYCOMPANY OR ITS BUSINESS AND (ii) THE ACCURACY OR COMPLETENESS OF THE INFORMATION, SAFETYRECORDS AND DATA NOW, EFFICACYHERETOFORE, OR USEFULNESSHEREAFTER MADE AVAILABLE TO PURCHASER IN CONNECTION WITH THIS AGREEMENT (INCLUDING THE RECORDS, FOR DUE DILIGENCE MATERIALS, CONFIDENTIAL INFORMATION MEMORANDUM, OR MANAGEMENT PRESENTATIONS MADE AVAILABLE TO PURCHASER OR ITS REPRESENTATIVES), ANY PURPOSE, DESCRIPTION OF THE PATENTSCOMPANY, KNOW-HOWTHE PROJECT, LICENSED PRODUCTS THE SITE AND OTHER ASSETS OF THE COMPANY, THE REAL PROPERTY, REVENUE, NATURAL RESOURCE, METEOROLOGICAL, GEOGRAPHIC, REGULATORY, ELECTRIC INTERCONNECTION, ELECTRIC TRANSMISSION, PRICE AND EXPENSE ASSUMPTIONS, ELECTRICITY DEMAND FORECASTS, FUTURE BUSINESS PERFORMANCE, OR LICENSED SERVICES. DUKE HAS NO OBLIGATIONPROJECTIONS OF THE COMPANY OR ANY OTHER INFORMATION FURNISHED TO PURCHASER BY OR FOR EITHER SELLER OR ANY AFFILIATE OR REPRESENTATIVE OF ANY SELLER); AND EACH SELLER EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, TO SUPERVISEAT EQUITY, MONITORCOMMON LAW, REVIEW BY STATUTE OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER RELATING TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE PRODUCTION, USE, PRACTICE, LEASE, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY EACH OF THE FOREGOING.

Limitation of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 14.3Anything in this Agreement to the contrary notwithstanding, DUKE MAKES NO WARRANTIES OF ANY KINDthe Subject Interests are being sold by Seller to Buyer without recourse, covenant, or warranty of any kind, express, implied, or statutory, with the sole exception that each Seller will warrant title to its respective ownership of the Subject Interests, subject to the Permitted Encumbrances, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under each Seller, but not otherwise. IN PARTICULAR, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS WITHOUT LIMITATION OF THE PATENTS GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, SELLER CONVEYS ALL PERSONAL PROPERTY, EQUIPMENT, IMPROVEMENTS, AND FIXTURES COMPRISING THE PROPERTIES AS-IS, WHERE-IS AND WITH ALL FAULTS AND EXPRESSLY DISCLAIMS AND NEGATES (a) ANY IMPLIED OR KNOW-HOW EXPRESS WARRANTY OF MERCHANTABILITY, (b) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NOR IS THERE A AND (c) ANY IMPLIED OR EXPRESS WARRANTY THAT OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS. SELLER ALSO EXPRESSLY DISCLAIMS AND NEGATES ANY IMPLIED OR EXPRESS WARRANTY AT COMMON LAW, BY STATUTE OR OTHERWISE RELATING TO THE USE OF THE PATENTS AND/OR KNOW-HOW, OR USE, MANUFACTURE OR SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY ACCURACY OF ANY OF THE PATENTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATION, EXPRESS OR IMPLIED, TO SUPERVISE, MONITOR, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE PRODUCTION, USE, PRACTICE, LEASE, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES INFORMATION FURNISHED WITH RESPECT TO THE EXISTENCE OR EXTENT OF RESERVES OR THE VALUE OF THE PROPERTIES BASED THEREON OR THE CONDITION OR STATE OF REPAIR OF ANY OF THE FOREGOINGPROPERTIES; THIS DISCLAIMER AND DENIAL OF WARRANTY ALSO EXTENDS TO THE EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY AS TO THE PRICES BUYER AND SELLER ARE OR WILL BE ENTITLED TO RECEIVE FROM PRODUCTION OF OIL, GAS OR OTHER SUBSTANCES FROM THE PROPERTIES, IT BEING UNDERSTOOD THAT ALL RESERVE, PRICE AND VALUE ESTIMATES UPON WHICH BUYER HAS RELIED OR IS RELYING HAVE BEEN DERIVED BY THE INDIVIDUAL EVALUATION OF BUYER.

Limitation of Warranties. APART FROM THE FOREGOING, AND EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 14.3, DUKE MAKES NO WARRANTIES OF FOR ANY KIND. IN PARTICULARLIABILITY THAT CANNOT BY LAW BE EXCLUDED OR LIMITED, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, MADE BY TVU REGARDING THE SDK OR THE API, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR IS THERE A WARRANTY AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT THE YOUR USE OF THE PATENTS AND/SDK AND THE API IS AT YOUR SOLE RISK AND THAT THE SDK AND API ARE PROVIDED ON AN "AS IS" BASIS. TVU DOES NOT WARRANT THAT THE SKI AND THE API ARE OR KNOWWILL REMAIN ERROR-HOWFREE, SECURE, OR USEFREE FROM MALWARE. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SDK OR THE API IS TO TERMINATE YOUR USE OF THEM. TVU WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY PUNITIVE, MANUFACTURE SPECIAL, INDIRECT, CONSEQUENTIAL, OR SALE INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, AND THE LIKE), LOSS OF DATA, OR YOUR USE OR INABILITY TO USE THE SDK OR THE API, REGARDLESS OF WHETHER THE CLAIM IS FOR BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AND WHETHER IN TORT, CONTRACT, BREACH OF STATUTORY DUTY, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF TVU IS ADVISED OF THE LICENSED PRODUCTS POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, LIMITATION OF IMPLIED WARRANTIES OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY OF ANY OF THE PATENTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATION, EXPRESS OR IMPLIED, TO SUPERVISE, MONITOR, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE PRODUCTION, USE, PRACTICE, LEASE, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY OF THE FOREGOINGLIABILITY.

Limitation of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 14.3, DUKE MAKES NO WARRANTIES OF ANY KIND. IN PARTICULAR, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR IS THERE A WARRANTY THAT THE USE OF THE PATENTS AND/OR KNOW-HOW, OR USE, MANUFACTURE OR SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY OF ANY OF THE PATENTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATION, EXPRESS OR IMPLIED, TO SUPERVISE, MONITOR, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE PRODUCTION, USE, PRACTICE, LEASE, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEESHOW; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY OF THE FOREGOING.

Limitation of Warranties. EXCEPT a. THIS EQUIPMENT IS LEASED AS EXPRESSLY SET FORTH IN ARTICLE 14.3IS. PROVIDED THAT LESSEE COMPLIES FULLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT, DUKE MAKES LESSOR WARRANTS THAT LESSEE SHALL HAVE QUIET POSSESSION OF THE EQUIPMENT, SAVE AS AFORESAID NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OF ANY KIND. KIND HAVE BEEN OR ARE GIVEN BY LESSOR IN PARTICULARRELATION TO THE EQUIPMENT, THERE ARE NO EXPRESS OR IMPLIED AND ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR IS THERE A WARRANTY THAT THE USE OF THE PATENTS AND/OR KNOW-HOW, OR USE, MANUFACTURE OR SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY OF ANY OF THE PATENTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATION, WHETHER EXPRESS OR IMPLIED, WHETHER IN RELATION TO SUPERVISE, MONITOR, REVIEW THE FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSSCOUNTRY, OR DAMAGEWHETHER IN RELATION TO MERCHANTABILITY OR AS TO DESCRIPTION, OF ANY KIND OR NATURESTATE, SUSTAINED BYQUALITY, OR ANY DAMAGE ASSESSED CONDITION OF THE EQUIPMENT AT DELIVERY OR ASSERTED AGAINST, OR AT ANY OTHER LIABILITY INCURRED TIME ARE HEREBY WAIVED, EXCLUDED AND EXTINGUISHED. b. LESSEE’S OBLIGATIONS UNDER THIS AGREEMENT ARE ABSOLUTE AND SHALL NOT BE AFFECTED BY ANY CIRCUMSTANCE OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITYEVENT BEYOND LESSEE’S CONTROL OF WHATEVER NATURE. c. Lessee will not suffer to be created, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE PRODUCTIONnor permit to be continued, USEnor fail to discharge, PRACTICEany lien or encumbrance incurred by Lessee or its agents against the equipment covered hereunder, LEASE, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY OF THE FOREGOINGnor shall Lessee or its agents procure any document of title which might at any time encumber the owner’s title to or infringe upon Lessor’s possessory rights to the equipment at expiration or earlier termination of the leasing thereof to the Lessee.

Limitation of Warranties. (a) Assignor does hereby bind itself, its successors and assigns, to warrant and forever defend all and singular the Subject Interest, unto Assignee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Assignor, but not otherwise; subject, however, to the matters set forth herein. (b) EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN ARTICLE 14.3SECTION 4.1 OF THAT CERTAIN LEASE PURCHASE AGREEMENT DATED _____________, DUKE MAKES NO WARRANTIES 2006, BY AND BETWEEN ASSIGNOR AND ASSIGNEE, AND THE SPECIAL WARRANTY OF TITLE TO THE SUBJECT INTEREST CONTAINED IN THIS ASSIGNMENT, THE SUBJECT INTEREST IS CONVEYED AND ACCEPTED PURSUANT HERETO WITHOUT ANY KIND. OTHER COVENANT, REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO (A) THE QUANTITY, QUALITY, CONDITION, SIZE, WEIGHT, SERVICEABILITY, CONFORMITY TO SAMPLES OF MODELS, (B) ANY OTHER ASPECT OR CONDITION OF THE SUBJECT INTEREST, ALL OF WHICH IS CONVEYED BY ASSIGNOR TO ASSIGNEE AS IS, WHERE IS, AND WITH ALL FAULTS AND DEFECTS AND IN PARTICULARITS PRESENT CONDITION AND STATE OF REPAIR AND WITHOUT ANY COVENANTS, THERE ARE NO EXPRESS REPRESENTATIONS OR IMPLIED WARRANTIES WARRANTIES, WHATSOEVER OF MERCHANTABILITY OR OF FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR IS THERE (C) THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR MATERIALS NOW, HERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO ASSIGNEE BY, ON BEHALF OF OR AT THE DIRECTION OF ASSIGNOR IN CONNECTION WITH THIS ASSIGNMENT INCLUDING, WITHOUT LIMITATION, THAT RELATIVE TO PRICING ASSUMPTIONS, QUALITY, QUANTITY OR VOLUMES OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE SUBJECT INTEREST OR THE ABILITY OR POTENTIAL OF THE SUBJECT INTEREST OR THE LANDS COVERED BY THE LEASE OPTION AGREEMENT TO PRODUCE HYDROCARBONS, (D) THE PHYSICAL AND ENVIRONMENTAL CONDITION OF SAID LANDS, BOTH SURFACE AND SUBSURFACE, INCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, SOLID WASTES, ASBESTOS AND OTHER MAN MADE FIBERS, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS, IT BEING AGREED BY ASSIGNEE THAT ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS (WRITTEN OR ORAL) FURNISHED OR OTHERWISE MADE AVAILABLE OR DISCLOSED TO ASSIGNEE HAVE BEEN AND WILL BE PROVIDED TO ASSIGNEE AS A WARRANTY THAT THE CONVENIENCE AND SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF OR AGAINST ASSIGNOR AND ANY RELIANCE ON OR USE OF THE PATENTS AND/SAME SHALL BE AT ASSIGNEE'S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, (E) TITLE TO OR KNOW-HOW, THE OWNERSHIP OR USE, MANUFACTURE OR SALE OPERATION OF THE LICENSED PRODUCTS SUBJECT INTEREST OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENTPART THEREOF AND (F) THE ACCURACY OR COMPLETENESS OF ANY REPORT, COPYRIGHT, TRADEMARK, ASSESSMENT OR OTHER RIGHTS. IN ADDITIONMATERIAL PURPORTING TO ASSESS OR ALLOCATE PRODUCTION, NOTHING IN THIS AGREEMENT MAY BE DEEMED RESERVES OR VALUE TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY OF ANY OF THE PATENTS SUBJECT INTEREST OR THE ACCURACYLANDS SUBJECT TO THE LEASE OPTION AGREEMENT. (c) To the extent transferable, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATION, EXPRESS OR IMPLIED, TO SUPERVISE, MONITOR, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE PRODUCTION, USE, PRACTICE, LEASE, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY OF THE FOREGOINGAssignee shall be and is hereby subrogated to all covenants and warranties of title by parties heretofore given or made to Assignor or its predecessors in title in respect of the Subject Interest.

Limitation of Warranties. PURCHASER AGREES THAT EXCEPT AS FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLE 14.3IV OF THIS AGREEMENT, DUKE EACH SELLER MAKES NO WARRANTIES OF ANY KIND. IN PARTICULARREPRESENTATION OR WARRANTY WHATSOEVER, THERE ARE NO WHETHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY IMPLIED, AT EQUITY, COMMON LAW, BY STATUTE OR OTHERWISE, WITH RESPECT TO (i) THE VALUE, CONDITION, MERCHANTABILITY, FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR IS THERE A WARRANTY THAT THE USE OF THE PATENTS AND/PURPOSE OR KNOW-HOW, OR USE, MANUFACTURE OR SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY SUITABILITY OF ANY OF THE PATENTS PROJECT, THE ASSETS, PROPERTIES, RIGHTS OR CLAIMS OF ANY SELLER, THE ACCURACYCOMPANY OR ITS BUSINESS AND (ii) THE ACCURACY OR COMPLETENESS OF THE INFORMATION, SAFETYRECORDS AND DATA NOW, EFFICACYHERETOFORE, OR USEFULNESSHEREAFTER MADE AVAILABLE TO PURCHASER IN CONNECTION WITH THIS AGREEMENT (INCLUDING THE RECORDS, FOR DUE DILIGENCE MATERIALS, CONFIDENTIAL INFORMATION MEMORANDUM, OR MANAGEMENT PRESENTATIONS MADE AVAILABLE TO PURCHASER OR ITS REPRESENTATIVES), ANY PURPOSE, DESCRIPTION OF THE PATENTSCOMPANY, KNOW-HOWTHE PROJECT, LICENSED PRODUCTS THE SITE AND OTHER ASSETS OF THE COMPANY, THE REAL PROPERTY, REVENUE, NATURAL RESOURCE, METEOROLOGICAL, GEOGRAPHIC, REGULATORY, ELECTRIC INTERCONNECTION, ELECTRIC TRANSMISSION, PRICE AND EXPENSE ASSUMPTIONS, ELECTRICITY DEMAND FORECASTS, FUTURE BUSINESS PERFORMANCE, OR LICENSED SERVICESPROJECTIONS OF THE COMPANY OR ANY OTHER INFORMATION FURNISHED TO PURCHASER BY OR FOR EITHER SELLER OR ANY AFFILIATE OR REPRESENTATIVE OF ANY SELLER); AND EACH SELLER EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATION OR WARRANTY, WHETHER CONFIDENTIAL TREATMENT REQUESTED FOR PORTIONS OF THIS DOCUMENT. DUKE PORTIONS FOR WHICH CONFIDENTIAL TREATMENT IS REQUESTED ARE DENOTED BY [CONFIDENTIAL TREATMENT REQUESTED]. MATERIAL OMITTED HAS NO OBLIGATION, BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. EXPRESS OR IMPLIED, TO SUPERVISEAT EQUITY, MONITORCOMMON LAW, REVIEW BY STATUTE OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER RELATING TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE PRODUCTION, USE, PRACTICE, LEASE, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY EACH OF THE FOREGOING.

Limitation of Warranties. (a) CORVIS AGREES THAT EXCEPT AS FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLE 14.3IV, DUKE (i) THE COMPANY MAKES NO WARRANTIES OF ANY KIND. IN PARTICULAR, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR IS THERE A WARRANTY THAT THE USE OF THE PATENTS AND/OR KNOW-HOW, OR USE, MANUFACTURE OR SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY OF ANY OF THE PATENTS OR THE ACCURACYWHATSOEVER, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATION, WHETHER EXPRESS OR IMPLIED, AT EQUITY, COMMON LAW, BY STATUTE OR OTHERWISE, (ii) THE COMPANY MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AT EQUITY, COMMON LAW, BY STATUTE OR OTHERWISE, WITH RESPECT TO SUPERVISETHE ACCURACY OR COMPLETENESS OF THE INFORMATION, MONITORRECORDS AND DATA NOW, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSSHERETOFORE, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR HEREAFTER MADE AVAILABLE TO CORVIS IN CONNECTION WITH THIS AGREEMENT (INCLUDING ANY INFORMATION FURNISHED TO CORVIS BY THE COMPANY OR RESULTING FROM: ANY AFFILIATE OF THE COMPANY OR ANY DIRECTOR, OFFICER, EMPLOYEE, COUNSEL, AGENT, OR ADVISOR THEREOF), AND (Aiii) THE PRODUCTIONCOMPANY EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATION OR WARRANTY, USEWHETHER EXPRESS OR IMPLIED, PRACTICEAT EQUITY, LEASECOMMON LAW, BY STATUTE OR OTHERWISE, RELATING TO THE CONDITION OF THE COMPANY AND ITS SUBSIDIARIES AND THEIR RESPECTIVE BUSINESSES, FACILITIES, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; OTHER ASSETS. (Bb) THE USE OF COMPANY AGREES THAT EXCEPT FOR THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLE V AND EXCEPT WITH RESPECT TO ANY THE REGISTRATION STATEMENTS AND APPLICABLE SECURITIES LAWS, (i) CORVIS MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AT EQUITY, COMMON LAW, BY STATUTE OR OTHERWISE, (ii) CORVIS MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AT EQUITY, COMMON LAW, BY STATUTE OR OTHERWISE, WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE FOREGOINGINFORMATION, RECORDS AND DATA NOW, HERETOFORE, OR HEREAFTER MADE AVAILABLE TO THE COMPANY IN CONNECTION WITH THIS AGREEMENT (INCLUDING ANY INFORMATION FURNISHED TO THE COMPANY BY CORVIS OR ANY AFFILIATE OF CORVIS OR ANY DIRECTOR, OFFICER, EMPLOYEE, COUNSEL, AGENT, OR ADVISOR THEREOF), AND (iii) CORVIS EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AT EQUITY, COMMON LAW, BY STATUTE OR OTHERWISE, RELATING TO THE CONDITION OF THE CORVIS AND ITS SUBSIDIARIES AND THEIR RESPECTIVE BUSINESSES, FACILITIES, OR OTHER ASSETS.

Limitation of Warranties. EXCEPT DUE TO THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY, Wesal Media CANNOT GUARANTEE THAT THERE WILL BE NO DOWNTIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE LINKS OR OUR SERVICES. WITHOUT LIMITING THE ABOVE, THE LINKS, ADVERTISER'S WEBSITES AND ANY OTHER MATERIALS PROVIDED TO PUBLISHER ARE PROVIDED "AS EXPRESSLY SET FORTH IN ARTICLE 14.3, DUKE MAKES NO WARRANTIES IS," WITHOUT ANY WARRANTY OF ANY KIND. IN PARTICULAR, THERE ARE AND Wesal Media MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR IS THERE A WARRANTY THAT THE USE OF THE PATENTS AND/OR KNOW-HOW, OR USE, MANUFACTURE OR SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY OF ANY OF THE PATENTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATIONWARRANTIES, EXPRESS OR IMPLIED, TO SUPERVISEBY OPERATION OF LAW OR OTHERWISE, MONITORAND EXPRESSLY DISCLAIMS ALL WARRANTIES, REVIEW EXPRESS, IMPLIED OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTIONSTATUTORY, MANUFACTUREINCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, TESTINGNONINFRINGEMENT, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROMAND: (A) THE PRODUCTION, USE, PRACTICE, LEASE, MERCHANTABILITY OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICEFITNESS FOR A PARTICULAR PURPOSE; (B) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS THEREIN; (C) THAT A PARTY'S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE USE FACE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATESALL ATTACKS; (D) REGARDING CORRECTNESS, DISTRIBUTORS, END-USERSACCURACY, OR SUBLICENSEESRELIABILITY OF ANY INFORMATION SET FORTH THEREIN OR THEREON; OR (CE) ANY ADVERTISING AGAINST INTERFERENCE WITH ENJOYMENT OF A PARTY'S "INFORMATION" (WEBSITE). ALL INFORMATION AND COMPUTER PROGRAMS PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK, AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. SOME STATES LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATESSOME PORTIONS OF IT MAY NOT APPLY TO YOU. Wesal Media makes no representations and warranties whatsoever, DISTRIBUTORSand disclaims any responsibility and liability, ENDregarding the content or nature of any Ad or Program made available on the Platform or to Publisher via email, or any product or service advertised in connection therewith. Wesal Media has no liability to Publisher for unapproved materials, including all copy, images, URL names, and search terms used by Publisher to promote the client partner. Wesal Media makes no representations whatsoever about any other website which Publisher may access through the service. When Publisher accesses a website that is not associated with and independent from Wesal Media, Publisher acknowledges that Wesal Media has no control over the content of that website. Furthermore, a link to a non-USERSWesal Media website does not mean that Wesal Media endorses or accepts any responsibility for the content or the use of such website. It is Publisher's sole responsibility to take precautions to ensure that websites, OR SUBLICENSEES WITH RESPECT TO ANY OF THE FOREGOINGdownloads, attachments, and other such files are free of such items as Trojan horses, worms, viruses, and other items of a destructive nature.

Limitation of Warranties. EXCEPT ENT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND OUR SERVICE PROVIDERS PROVIDE THIS SITE AND THE ELECTRONIC SERVICES AND RELATED DOCUMENTATION "AS EXPRESSLY SET FORTH IN ARTICLE 14.3, DUKE MAKES NO WARRANTIES IS" WITHOUT WARRANTY OF ANY KIND. IN PARTICULAR, THERE ARE NO EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, MERCHANTABILITY, FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR ELECTRONIC SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUT CONTROL. ENT IS THERE A WARRANTY THAT NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CASUED BY THE MOBILE PROVIDER, ANY RELATED SOFTWARE, OR YOUR USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE PATENTS AND/OR KNOW-HOWINSTALLATION, USE, OR USEMAINTENANCE OF YOUR PERSONAL MOBILE PHONE, MANUFACTURE OR SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARKSOFTWARE, OR OTHER RIGHTSEQUIPEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. IN ADDITIONSUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE SOME OF THE VALIDITY OF ANY OF THE PATENTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATION, EXPRESS OR IMPLIED, ABOVE LIMITATIONS MAY NOT APPLY TO SUPERVISE, MONITOR, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY FOR THE PRODUCTION, MANUFACTURE, TESTING, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE PRODUCTION, USE, PRACTICE, LEASE, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY OF THE FOREGOINGYOU.

Limitation of Warranties. EXCEPT AS OTHER THAN THE WARRANTIES EXPRESSLY SET FORTH IN ARTICLE 14.3THIS AGREEMENT, DUKE ATL MAKES NO WARRANTIES OF ANY KIND. IN PARTICULAR, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE PATENTS OR KNOW-HOW FOR A PARTICULAR PURPOSE, NOR IS THERE A WARRANTY THAT THE USE OF THE PATENTS AND/OR KNOW-HOW, OR USE, MANUFACTURE OR SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF THE VALIDITY OF ANY OF THE PATENTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATIONWARRANTIES, EXPRESS OR IMPLIED, AND THE LICENSED SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATL SPECIFICALLY DISCLAIMS, TO SUPERVISETHE FULLEST EXTENT ALLOWED BY LAW, MONITORALL IMPLIED WARRANTIES, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES UNDER THE PRODUCTIONUNIFORM COMPUTER INFORMATIONAL TRANSACTIONS ACT, MANUFACTUREAS MAY BE ADOPTED BY ANY JURISDICTION FROM TIME TO TIME. ALL SUCH WARRANTIES BEING EXPRESSLY EXCLUDED. WITHOUT LIMITING THE FOREGOING, TESTINGATL, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS ITS AFFILIATES, AND ITS THIRD-PARTY VENDORS MAKE NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, WARRANTY OF ANY KIND OR NATURE, SUSTAINED BYTHAT THE SOFTWARE, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINSTSERVICES INCLUDING THE ATLAS SERVICES AND PORT CONTROL SERVICES, OR RESULTS OF THE USE THEREOF, WILL MEET LICENSEE'S OR OTHER PERSONS' REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY OTHER LIABILITY INCURRED BY INTENDED RESULT, BE COMPATIBLE OR IMPOSED UPON LICENSEE OR WORK WITH ANY OTHER PERSON OR ENTITYSOFTWARE, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE PRODUCTION, USE, PRACTICE, LEASESYSTEMS, OR SALE BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS OR SUBLICENSEES OF ANY LICENSED PRODUCT OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERSOTHER SERVICES, OR SUBLICENSEES; BE DEFECT OR (C) ERROR FREE OR THAT SOFTWARE DEFECTS WILL BE CORRECTED. NO EMPLOYEE OR AGENT OF ATL IS AUTHORIZED TO MAKE ANY ADVERTISING STATEMENT THAT ADDS TO OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO AMENDS ANY OF THE FOREGOINGWARRANTIES OR LIMITATIONS CONTAINED IN THIS AGREEMENT.

Limitation of Warranties. EXCEPT AS THIS WARRANTY IS GIVEN EXPRESSLY SET FORTH AND IN ARTICLE 14.3PLACE OF ALL OTHER WARRANTIES, DUKE MAKES NO WARRANTIES OF ANY KIND. IN PARTICULAR, THERE ARE NO EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS, OR WARRANTIES NOT SPECIFIED HEREIN. DORMAKABA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SHELTER SYSTEM MAY NOT BE COMPROMISED, OR THAT THE SHELTER SYSTEM WILL IN ALL CASES BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED. LIMITATION OF LIABILITY THE SHELTER SYSTEM MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. DORMAKABA DOES NOT OPERATE OR CONTROL THE INTERNET AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH ANY OF THE PATENTS FOLLOWING: (A) VIRUSES, WORMS, TROJAN HORSES, OR KNOW-HOW OTHER UNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED USERS (E.G., HACKERS) OR ATTEMPTS TO OBTAIN ACCESS TO AND DAMAGE CUSTOMER’S DATA, WEBSITES, COMPUTERS, OR NETWORKS. DORMAKABA SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. CUSTOMERS ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF THEIR DATA AND SYSTEMS. THE SHELTER SYSTEM IS A PARTICULAR PURPOSEPRODUCT DESIGNED TO REDUCE THE RISK OF ENTRY INTO A LOCKED AREA. DORMAKABA SHALL NOT BE HELD LIABLE FOR LOSSES WHICH MAY OCCUR IN CASES OF MALFUNCTION OR NONFUNCTION OF ANY SHELTER PRODUCT, NOR LOSSES RESULTING FROM FAILURE TO WARN OR INADEQUATE TRAINING; EVEN IF DUE TO DORMAKABA’S NEGLIGENCE OR FAILURE OF PERFORMANCE DORMAKABA IS THERE A WARRANTY THAT THE USE OF THE PATENTS NOT AN INSURER. INSURANCE COVERING PERSONAL INJURY, PROPERTY LOSS, AND DAMAGE TO AND ON CUSTOMER'S PREMISES MUST BE OBTAINED AND/OR KNOWMAINTAINED BY CUSTOMER. CUSTOMER UNDERSTANDS THAT IT IS CUSTOMER’S DUTY TO PURCHASE SUCH INSURANCE. THE WARRANTY PROVIDED HEREIN SHALL CONFER NO RIGHTS ON THE PART OF ANY PERSON OR ENTITY THAT IS NOT A PARTY HERETO, WHETHER AS A THIRD-HOWPARTY BENEFICIARY OR OTHERWISE. IT IS AGREED THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE IN SITUATIONS WHERE THERE MAY BE A FAILURE OF THE SHELTER SYSTEM. THEREFORE, IF LIABILITY IS IMPOSED ON DORMAKABA, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, FOR PROPERTY DAMAGE OR PERSONAL INJURY, SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE PRODUCTS COVERED BY THIS WARRANTY OR $10,000 WHICHEVER IS LESS. THIS SUM SHALL BE PAID AND RECEIVED EITHER (I) AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, OR USE(II) AS A LIMITATION OF LIABILITY APPROVED AND AGREED UPON BY THE PARTIES. THE PAYMENT OF THIS AMOUNT SHALL BE DORMAKABA’S SOLE AND EXCLUSIVE LIABILITY REGARDLESS OF WHETHER LOSS OR DAMAGE IS CAUSED BY THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS OF DORMAKABA UNDER THIS WARRANTY OR BY NEGLIGENCE, MANUFACTURE ACTIVE OR OTHERWISE, OF DORMAKABA, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST DORMAKABA MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION ARISES. DORMAKABA SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES SUFFERED BY PURCHASER OR ANYONE CLAIMING BY, THROUGH OR UNDER PURCHASER, AS A RESULT OF THE CONDITION OF THIS PRODUCT, OR ANY PART OR PORTION THEREOF. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY IN YOUR STATE. THIS WARRANTY IS GOVERNED BY THE LAW OF THE STATE OF INDIANA WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES. DORMAKABA AND PURCHASER AGREE THAT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO SALE OF THE LICENSED PRODUCTS OR LICENSED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTSCOVERED BY THIS WARRANTY. IN ADDITION, NOTHING IN THIS AGREEMENT MAY BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY DUKE OF CUSTOMER RETAINS THE VALIDITY OF ANY OF THE PATENTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE PATENTS, KNOW-HOW, LICENSED PRODUCTS OR LICENSED SERVICES. DUKE HAS NO OBLIGATION, EXPRESS OR IMPLIED, TO SUPERVISE, MONITOR, REVIEW OR OTHERWISE ASSUME SOLE RESPONSIBILITY FOR THE PRODUCTIONLIFE AND SAFETY OF ALL PERSONS IN ITS PREMISES, MANUFACTUREAND FOR PROTECTING AGAINST LOSSES TO HIS/HER OWN PROPERTY OR THE PROPERTY OF OTHERS IN ITS PREMISES, TESTINGCUSTOMER AGREES TO INDEMNIFY AND SAVE HARMLESS DORMAKABA, MARKETING OR SALE OF ANY LICENSED PRODUCT OR LICENSED SERVICE. DUKE HAS NO LIABILITY WHATSOEVER TO LICENSEE OR ANY THIRD PARTIES FOR OR ON ACCOUNT OF ANY INJURYITS EMPLOYEES, LOSSAGENTS, OR DAMAGEREPRESENTATIVES FROM AND AGAINST ALL CLAIMS, OF ANY KIND OR NATURELAWSUITS, SUSTAINED BYDAMAGES AND LOSSES, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINSTWHETHER IN CONTRACT LAW, TORT LAW (INCLUDING NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY, OR ANY OTHER LIABILITY INCURRED BY THERY OF LAW), IN ANY WAY RELATING TO THIS WARRANTY OR IMPOSED UPON LICENSEE THE USE OR ANY OTHER PERSON OR ENTITY, ARISING OUT OWNERSHIP OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE PRODUCTION, USE, PRACTICE, LEASESHELTER SYSTEM, OR SALE THE IMPROPER OPERATION OF THE SHELTER SYSTEM, WHETHER DUE TO MALFUNCTIONING OR NONFUNCTIONING OF THE SHELTER SYSTEM OR THE NEGLIGENT PERFORMANCE OR NONPERFORMANCE BY LICENSEE DORMAKABA, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR ITS AFFILIATESPROPERTY DAMAGE. DORMAKABA SHALL NOT BE LIABLE FOR ANY FINE OR PENALTY ASSESSED BY ANY MUNICIPALITY, DISTRIBUTORSFIRE, END-USERS OR SUBLICENSEES POLICE DEPARTMENT AS A RESULT OF ANY LICENSED PRODUCT FALSE ALARM COMMUNICATED BY THE SHELTER SYSTEM. CUSTOMER SHALL BE RESPONSIBLE FOR CREDITING DORMAKABA THE FULL AMOUNT OF ANY SUCH FINE OR LICENSED SERVICE; (B) THE USE OF THE PATENTS AND/OR KNOW-HOW PENALTY THAT IS ASSESSED AGAINST DORMAKABA FOR SUCH FALSE ALARM ISSUED BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY LICENSEE OR ITS AFFILIATES, DISTRIBUTORS, END-USERS, OR SUBLICENSEES WITH RESPECT TO ANY OF THE FOREGOINGCUSTOMER.