Common use of Limitations and Exclusions Clause in Contracts

Limitations and Exclusions. Notwithstanding anything to the contrary in this SONIFI Limited Warranty, SONIFI has no obligation to perform any work, warranty service, Update, support, repair, replacement or maintenance associated with Equipment (including Covered Equipment), Documentation and Licensed Software, to the extent that SONIFI determines that a problem or failure is caused by: (a) the acts or omissions of Company or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees, regardless of whether such acts or omissions are intentional, reckless, or negligent; (b) vandalism, theft or willful or negligent acts or omissions of Company, or any of its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees; (c) Company’s failure to perform its obligations hereunder, including but not limited to following the site specifications in the SOW; (d) Premises renovations; (e) acts or omissions of third parties (other than SONIFI contractors or sub-contractors performing work under the SONIFI SORA Agreement or the SONIFI STAYCAST Agreement (if applicable) on SONIFI’s behalf); (f) changes in Company vendors or other Company agents, including without limitation any and all changes to Company’s Internet service and/or Internet circuit provider(s); (g) equipment, components, parts or software, such as televisions or Internet routers, purchased or licensed from or installed by any person or entity other than SONIFI, SONIFI contractors, SONIFI sub-contractors or an Approved Third-Party Financing Company; (h) misuse; (i) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (j) limitations of technology; (k) modification, adjustment or alteration of any part of the Headend Equipment, the In-Room Equipment, the Documentation or the Licensed Software without SONIFI’s authorization; (l) unauthorized opening of or tampering with the Headend Equipment or the In-Room Equipment (including, by way of example and not limitation, any attempt to defeat a technical limitation or anti-piracy mechanism); (m) cosmetic damage to the Headend Equipment or the In-Room Equipment; (n) unreasonable or unapproved use or any use or installation inconsistent with Documentation and instruction; (o) use of parts or peripherals not recommended or approved by SONIFI; (p) damage caused by servicing not authorized by SONIFI; (q) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware, cancelbots or other malicious code not introduced directly by SONIFI employees, contractors or sub-contractors (excluding software and Updates authored, published, licensed, provided or made available by In-Room Equipment manufacturers and their suppliers and licensors for which SONIFI is not responsible or liable); (r) cable cuts caused by third parties (other than SONIFI employees, contractors or sub- contractors), the Company and/or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees;

Limitations and Exclusions. Notwithstanding anything to the contrary in this SONIFI STAYCAST Limited Warranty, SONIFI has no obligation to perform any work, warranty service, Update, support, repair, replacement or maintenance associated with Equipment (including Covered the VMC or In-Room Equipment), Documentation and Licensed Software, to the extent that SONIFI determines that a problem or failure is caused by: (a) the acts or omissions of Company or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees, regardless of whether such acts or omissions are intentional, reckless, or negligent; (b) vandalism, theft or willful or negligent acts or omissions of Company, or any of its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees; (c) Company’s failure to perform its obligations hereunder, including but not limited to following the site specifications in the SOW; (d) Premises renovations; (e) acts or omissions of third parties (other than SONIFI contractors or sub-contractors performing work under the SONIFI SORA Agreement or the SONIFI STAYCAST Agreement (if applicable) on SONIFI’s behalf); (f) changes in Company vendors or other Company agents, including without limitation any and all changes to Company’s Internet service and/or Internet circuit provider(s); ; (g) equipment, components, parts or software, such as televisions televisions, wireless access points or Internet routers, routers purchased or licensed from or installed by any person or entity other than SONIFI, SONIFI contractors, SONIFI sub-contractors or an Approved Third-Party Financing Company; (h) misuse; (i) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (j) limitations of technology; (k) modification, adjustment or alteration of any part of the Headend EquipmentVMC, the In-Room Equipment, the Documentation or the Licensed Software without SONIFI’s authorization; (l) unauthorized opening of or tampering with the Headend Equipment VMC or the In-Room Equipment (including, by way of example and not limitation, any attempt to defeat a technical limitation or anti-piracy mechanism); (m) cosmetic damage to the Headend Equipment VMC or the In-Room Equipment; ; (n) unreasonable or unapproved use or any use or installation inconsistent with Documentation and instruction; (o) use of parts or peripherals not recommended or approved by SONIFI; (p) damage caused by servicing not authorized by SONIFI; (q) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware, cancelbots or other malicious code not introduced directly by SONIFI employees, contractors or sub-contractors (excluding software and Updates authored, published, licensed, provided or made available by In-Room Equipment manufacturers and their suppliers and licensors for which SONIFI is not responsible or liable); (r) cable cuts caused by third parties (other than SONIFI employees, contractors or sub- sub-contractors), the Company and/or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees;; (s) single-room issues or problems with In-Room Equipment or Licensed Software; (t) changes in Company equipment at the Premises, such as televisions, wireless access points or the property management system; (u) any damage, problem or defect caused by Company’s movement or replacement of televisions, wireless access points or Internet routers; (v) firmware updates for Internet routers, wireless access points, and televisions; (w) any damage, problem, defect, STAYCAST Platform modification, STAYCAST Platform upgrade or hardware addition necessitated or caused by Company’s remodeling, reduction or addition of guest rooms; (x) repair and programming of remote-control devices, including without limitation, battery replacement; (y) changes to Company’s or the Premises’ name; (z) failure of Company owners, partners, members, directors, officers, employees, agents, contractors and/or subcontractors to communicate with and follow the instructions of TAC and SONIFI service personnel; (aa) verifying high-speed Internet access data transmission availability and data speed, and all labor and parts for high- speed Internet access hardware; (bb) any damage, problem, defect or modification to the STAYCAST Platform or any STAYCAST Platform upgrade or hardware addition, in any case, caused by Internet circuit conversions at the Premises; or (cc) a Force Majeure Event. If Company requests and SONIFI elects, in its sole discretion, to provide maintenance and/or support services required due to any of the aforementioned instances, Company shall promptly reimburse SONIFI for all labor and travel expenses at SONIFI’s rate(s) set forth in the most recent SONIFI Rate Card available from xxxxxxxxxxxxxxx@xxxxxx.xxx or as made available at xxx.xxxxxx.xxx, plus (i) the cost of equipment, components, parts and other materials, (ii) the trip charge specified on the Rate Card, (iii) meal expenses, travel and lodging costs, tolls and parking fees and (iv) applicable taxes and all shipping, handling and freight charges.

Limitations and Exclusions. Notwithstanding anything to the contrary in this SONIFI Limited Warranty, SONIFI has no obligation to perform any work, warranty service, Update, support, repair, replacement or maintenance associated with Equipment (including Covered Equipment), Documentation and Licensed Software, to the extent that SONIFI determines that a problem or failure is caused by: (a) the acts or omissions of Company or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees, regardless of whether such acts or omissions are intentional, reckless, or negligent; (b) vandalism, theft or willful or negligent acts or omissions of Company, or any of its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees; (c) Company’s failure to perform its obligations hereunder, including but not limited to following the site specifications in the SOW; (d) Premises renovations; (e) acts or omissions of third parties (other than SONIFI contractors or sub-contractors performing work under the SONIFI SORA Agreement or the SONIFI STAYCAST Agreement (if applicable) on SONIFI’s behalf); (f) changes in Company vendors or other Company agents, including without limitation any and all changes to Company’s Internet service and/or Internet circuit provider(s); (g) equipment, components, parts or software, such as televisions or Internet routers, purchased or licensed from or installed by any person or entity other than SONIFI, SONIFI contractors, SONIFI sub-contractors or an Approved Third-Party Financing Company; (h) misuse; (i) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (j) limitations of technology; (k) modification, adjustment or alteration of any part of the Headend Equipment, the In-Room Equipment, the Documentation or the Licensed Software without SONIFI’s authorization; (l) unauthorized opening of or tampering with the Headend Equipment or the In-Room Equipment (including, by way of example and not limitation, any attempt to defeat a technical limitation or anti-piracy mechanism); (m) cosmetic damage to the Headend Equipment or the In-Room Equipment; (n) unreasonable or unapproved use or any use or installation inconsistent with Documentation and instruction; (o) use of parts or peripherals not recommended or approved by SONIFI; (p) damage caused by servicing not authorized by SONIFI; (q) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware, cancelbots or other malicious code not directly introduced directly by SONIFI employees, contractors or sub-contractors (excluding software and Updates authored, published, licensed, provided or made available by In-Room Equipment manufacturers and their suppliers and licensors for which SONIFI is not responsible or liable); (r) cable cuts caused by third parties (other than SONIFI employees, contractors or sub- contractors), the Company and/or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees;

Limitations and Exclusions. Notwithstanding anything to the contrary in this SONIFI Limited Warranty, SONIFI has no obligation to perform any work, warranty service, Update, support, repair, replacement or maintenance associated with Equipment (including Covered STV Equipment), Documentation and Licensed Software, to the extent that SONIFI determines that a problem or failure is caused by: (a) the acts or omissions of Company Care Facility or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests patients or invitees, regardless of whether such acts or omissions are intentional, reckless, or negligent; (b) vandalism, theft or willful or negligent acts or omissions of CompanyCare Facility, or any of its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests patients or invitees; (c) CompanyCare Facility’s failure to perform its obligations hereunderunder the Agreement, including but not limited to following the site specifications in the SOW; (d) Premises renovations; (e) acts or omissions of third parties (other than SONIFI contractors or sub-sub- contractors performing work under the SONIFI SORA Agreement or the SONIFI STAYCAST Agreement (if applicable) on SONIFI’s behalf); (f) changes in Company Care Facility vendors or other Company Care Facility agents, including without limitation any and all changes to CompanyCare Facility’s Internet service and/or Internet circuit provider(s); (g) equipment, components, parts or software, such as televisions or Internet routers, purchased or licensed from or installed by any person or entity other than SONIFI, SONIFI contractors, SONIFI sub-contractors or an Approved Third-Party Financing CompanyCare Facility; (h) misuse; (i) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (j) limitations of technology; (k) modification, adjustment or alteration of any part of the Headend Equipment, the In-Room Equipment, the Documentation or the Licensed Software without SONIFI’s authorization; (l) unauthorized opening of or tampering with the Headend Equipment or the In-Room Equipment (including, by way of example and not limitation, any attempt to defeat a technical limitation or anti-piracy mechanism); (m) cosmetic damage to the Headend Equipment or the In-Room Equipment; (n) unreasonable or unapproved use or any use or installation inconsistent with Documentation and instruction; (o) use of parts or peripherals not recommended or approved by SONIFI; (p) damage caused by servicing not authorized by SONIFI; (q) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware, cancelbots or other malicious code not introduced directly by SONIFI employees, contractors or sub-contractors (excluding software and Updates authored, published, licensed, provided or made available by In-Room Equipment manufacturers and their suppliers and licensors for which SONIFI is not responsible or liable); (r) cable cuts caused by third parties (other than SONIFI employees, contractors or sub- contractors), the Company and/or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees;or

Limitations and Exclusions. Notwithstanding anything to the contrary in this SONIFI Limited Warranty, SONIFI has no obligation to perform any work, warranty service, Update, support, repair, replacement or maintenance associated with Equipment (including Covered FTG Equipment), Documentation and Licensed Software, to the extent that SONIFI determines that a problem or failure is caused by: (a) the acts or omissions of Company or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees, regardless of whether such acts or omissions are intentional, reckless, or negligent; (b) vandalism, theft or willful or negligent acts or omissions of Company, or any of its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees; (c) Company’s failure to perform its obligations hereunderunder the Agreement, including but not limited to following the site specifications in the SOW; (d) Premises renovations; (e) acts or omissions of third parties (other than SONIFI contractors or sub-contractors performing work under the SONIFI SORA Agreement or the SONIFI STAYCAST Agreement (if applicable) on SONIFI’s behalf); (f) changes in Company vendors or other Company agents, including without limitation any and all changes to Company’s Internet service and/or Internet circuit provider(s); (g) equipment, components, parts or software, such as televisions or Internet routers, purchased or licensed from or installed by any person or entity other than SONIFI, SONIFI contractors, SONIFI sub-contractors or an Approved Third-Party Financing Company; (h) misuse; (i) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (j) limitations of technology; (k) modification, adjustment or alteration of any part of the Headend Equipment, the In-Room Equipment, the Documentation or the Licensed Software without SONIFIXXXXXX’s authorization; (l) unauthorized opening of or tampering with the Headend Equipment or the In-Room Equipment (including, by way of example and not limitation, any attempt to defeat a technical limitation or anti-piracy mechanism); (m) cosmetic damage to the Headend Equipment or the In-Room Equipment; (n) unreasonable or unapproved use or any use or installation inconsistent with Documentation and instruction; (o) use of parts or peripherals not recommended or approved by SONIFI; (p) damage caused by servicing not authorized by SONIFI; (q) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware, cancelbots or other malicious code not introduced directly by SONIFI employees, contractors or sub-contractors (excluding software and Updates authored, published, licensed, provided or made available by In-Room Equipment manufacturers and their suppliers and licensors for which SONIFI is not responsible or liable); (r) cable cuts caused by third parties (other than SONIFI employees, contractors or sub- contractors), the Company and/or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees;installation

Limitations and Exclusions. Notwithstanding anything to the contrary in this SONIFI Limited Warranty, SONIFI has no obligation to perform any work, warranty service, Update, support, repair, replacement or maintenance associated with Equipment (including Covered STV Equipment), Documentation and Licensed Software, to the extent that SONIFI determines that a problem or failure is caused by: (a) the acts or omissions of Company Care Facility or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests patients, patient visitors, or invitees, regardless of whether such acts or omissions are intentional, reckless, or negligent; (b) vandalism, theft or willful or negligent acts or omissions of CompanyCare Facility, or any of its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests patients, patient visitors, or invitees; (c) CompanyCare Facility’s failure to perform its obligations hereunderunder the Agreement, including but not limited to following the site specifications in the SOW; (d) Premises renovations; (e) acts or omissions of third parties (other than SONIFI contractors or sub-contractors performing work under the SONIFI SORA Agreement or the SONIFI STAYCAST Agreement (if applicable) on SONIFI’s behalf); (f) changes in Company Care Facility vendors or other Company Care Facility agents, including without limitation any and all changes to CompanyCare Facility’s Internet service and/or Internet circuit provider(s); (g) equipment, components, parts or software, such as televisions or Internet routers, purchased or licensed from or installed by any person or entity other than SONIFI, SONIFI contractors, SONIFI sub-contractors or an Approved Third-Party Financing CompanyCare Facility; (h) misuse; (i) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (j) limitations of technology; (k) modification, adjustment or alteration of any part of the Headend Equipment, the In-Room Equipment, the Documentation or the Licensed Software without SONIFI’s authorization; (l) unauthorized opening of or tampering with the Headend Equipment or the In-Room Equipment (including, by way of example and not limitation, any attempt to defeat a technical limitation or anti-piracy mechanism); (m) cosmetic damage to the Headend Equipment or the In-Room Equipment; (n) unreasonable or unapproved use or any use or installation inconsistent with Documentation and instruction; (o) use of parts or peripherals not recommended or approved by SONIFI; (p) damage caused by servicing not authorized by SONIFI; (q) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware, cancelbots or other malicious code not introduced directly by SONIFI employees, contractors or sub-contractors (excluding contractors; provided, however, SONIFI is not responsible or liable for software and Updates authored, published, licensed, provided or made available by In-Room Equipment manufacturers and their suppliers and licensors for which SONIFI is not responsible or liable)licensors; (r) cable cuts caused by third parties (other than SONIFI employees, contractors or sub- sub-contractors), the Company Care Facility and/or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests patients, patient visitors, or invitees;; (s) single-room issues or problems with Headend Equipment, In-Room Equipment or Licensed Software; (t) changes in Care Facility equipment at the Premises, such as televisions or the property management system; (u) any damage, problem or defect caused by Care Facility’s movement or replacement of televisions or terminal devices; (v) firmware updates for Internet routers, wireless access points, televisions, and remote controls; (w) any damage, problem, defect, STV Equipment modification, STV Equipment upgrade or hardware addition necessitated or caused by Care Facility’s remodeling, reduction or addition of patient rooms; (x) STV Programming channel line-up management and changes, and questions or complaints regarding STV Programming rates; (y) repair and programming of remote-control devices, including without limitation, battery replacement; (z) changes to Care Facility’s or the Premises’ name; (aa) failure of Care Facility owners, partners, members, directors, officers, employees, agents, contractors and/or subcontractors to communicate with and follow the instructions of the TAC and SONIFI service personnel; (bb) public area televisions and related video programming and content; (cc) verifying high-speed Internet access data transmission availability and data speed, and all labor and parts for high-speed Internet access hardware; (dd) any damage, problem, defect or modification to STV Equipment or any STV Equipment upgrade or hardware addition, in any case, caused by Internet circuit conversions at the Premises; or (ee) a

Limitations and Exclusions. Notwithstanding anything to the contrary in this SONIFI Limited Warranty, SONIFI has no obligation to perform any work, warranty service, Update, support, repair, replacement or maintenance associated with Equipment (including Covered FTG Equipment), Documentation and Licensed Software, to the extent that SONIFI determines that a problem or failure is caused by: (a) the acts or omissions of Company or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees, regardless of whether such acts or omissions are intentional, reckless, or negligent; (b) vandalism, theft or willful or negligent acts or omissions of Company, or any of its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees; (c) Company’s failure to perform its obligations hereunderunder the Agreement, including but not limited to following the site specifications in the SOW; (d) Premises renovations; (e) acts or omissions of third parties (other than SONIFI contractors or sub-contractors performing work under the SONIFI SORA Agreement or the SONIFI STAYCAST Agreement (if applicable) on SONIFI’s behalf); (f) changes in Company vendors or other Company agents, including without limitation any and all changes to Company’s Internet service and/or Internet circuit provider(s); (g) equipment, components, parts or software, such as televisions or Internet routers, purchased or licensed from or installed by any person or entity other than SONIFI, SONIFI contractors, SONIFI sub-contractors or an Approved Third-Party Financing Company; (h) misuse; (i) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (j) limitations of technology; (k) modification, adjustment or alteration of any part of the Headend Equipment, the In-Room Equipment, the Documentation or the Licensed Software without SONIFIXXXXXX’s authorization; (l) unauthorized opening of or tampering with the Headend Equipment or the In-Room Equipment (including, by way of example and not limitation, any attempt to defeat a technical limitation or anti-piracy mechanism); (m) cosmetic damage to the Headend Equipment or the In-Room Equipment; (n) unreasonable or unapproved use or any use or installation inconsistent with Documentation and instruction; (o) use of parts or peripherals not recommended or approved by SONIFI; (p) damage caused by servicing not authorized by SONIFI; (q) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware, cancelbots or other malicious code not introduced directly by SONIFI employees, contractors or sub-contractors (excluding software and Updates authored, published, licensed, provided or made available by In-Room Equipment manufacturers and their suppliers and licensors for which SONIFI is not responsible or liable); (r) cable cuts caused by third parties (other than SONIFI employees, contractors or sub- contractors), the Company and/or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees;not

Limitations and Exclusions. Notwithstanding anything to the contrary in this SONIFI Limited Warranty, SONIFI has no obligation to perform any work, warranty service, Update, support, repair, replacement or maintenance associated with Equipment (including Covered Equipment), Documentation and Licensed Software, to the extent that SONIFI determines that a problem or failure is directly or indirectly caused by: (a) the acts or omissions of Company or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees, regardless of whether such acts or omissions are intentional, reckless, or negligent; (b) vandalism, theft or willful or negligent acts or omissions of Company, or any of its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees; (c) Company’s failure to perform its obligations hereunder, including but not limited to following the site specifications in the SOW; (d) Premises renovations; (e) acts or omissions of third parties (other than SONIFI contractors or sub-contractors performing work under the SONIFI SORA Agreement or the SONIFI STAYCAST Agreement (if applicable) on SONIFI’s behalf); (f) changes in Company vendors or other Company agents, including without limitation any and all changes to Company’s Internet service and/or Internet circuit provider(s); (g) equipment, components, parts or software, such as televisions or Internet routers, purchased or licensed from or installed by any person or entity other than SONIFI, SONIFI contractors, SONIFI sub-contractors or an Approved Third-Party Financing Company; (h) misuse; (i) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (j) limitations of technology; (k) modification, adjustment or alteration of any part of the Headend Equipment, the In-Room Equipment, the Documentation or the Licensed Software without SONIFI’s authorization; (l) unauthorized opening of or tampering with the Headend Equipment or the In-Room Equipment (including, by way of example and not limitation, any attempt to defeat a technical limitation or anti-piracy mechanism); (m) cosmetic damage to the Headend Equipment or the In-Room Equipment; (n) unreasonable or unapproved use or any use or installation inconsistent with Documentation and instruction; (o) use of parts or peripherals not recommended or approved by SONIFI; (p) damage caused by servicing not authorized by SONIFI; (q) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware, cancelbots or other malicious code not introduced directly by SONIFI employees, contractors or sub-contractors (excluding software and Updates authored, published, licensed, provided or made available by In-Room Equipment manufacturers and their suppliers and licensors for which SONIFI is not responsible or liable)code; (r) cable cuts caused by third parties (other than SONIFI employees, contractors or sub- contractors)parties, the Company and/or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees;; (s) single-room issues or problems with Equipment (including Covered Equipment) or Licensed Software; (t) changes in Company equipment at the Premises, such as televisions or the property management system; (u) any damage, problem or defect caused by Company’s movement or replacement of televisions or terminal devices; (v) firmware updates for Internet routers, wireless access points, televisions, and set-top boxes or set-back devices that are not In-Room Equipment; (w) any damage, problem, defect, Equipment modification, Equipment upgrade or hardware addition necessitated or caused by Company’s remodeling, reduction or addition of guest rooms; (x) FTG Programming channel line-up management and changes, and questions or complaints regarding FTG Programming rates; (y) repair and programming of remote-control devices, including without limitation, battery replacement; (z) changes to Company’s or the Premises’ name; (aa) failure of Company owners, partners, members, directors, officers, employees, agents, contractors and/or subcontractors to communicate with and follow the instructions of TAC and SONIFI service personnel; (bb) public area televisions and related video programming and content; (cc) verifying high-speed Internet access data transmission availability and data speed, and all labor and parts for high-speed Internet access hardware; (dd) any damage, problem, defect or modification to Equipment or any Equipment upgrade or hardware addition, in any case, caused by Internet circuit conversions at the Premises; or (ee) a Force Majeure Event. If Company requests and SONIFI elects, in its sole discretion, to provide maintenance and/or support services required due to any of the aforementioned instances, Company shall promptly reimburse SONIFI for all labor and travel expenses at SONIFI’s rate(s) set forth in the most recent SONIFI Rate Card available from xxxxxxxxxxxxxxx@xxxxxx.xxx or as made available at xxx.xxxxxx.xxx, plus all equipment, part and component costs, all travel and parking costs, and all applicable taxes, fees, freight, handling and shipping costs.

Limitations and Exclusions. Notwithstanding anything to the contrary in this SONIFI Limited Warranty, SONIFI has no obligation to perform any work, warranty service, Update, support, repair, replacement or maintenance associated with Equipment (including Covered Equipment), Documentation and Licensed Software, to the extent that SONIFI determines that a problem or failure is caused by: (a) the acts or omissions of Company or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees, regardless of whether such acts or omissions are intentional, reckless, or negligent; (b) vandalism, theft or willful or negligent acts or omissions of Company, or any of its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees; (c) Company’s failure to perform its obligations hereunder, including but not limited to following the site specifications in the SOW; (d) Premises renovations; (e) acts or omissions of third parties (other than SONIFI contractors or sub-contractors performing work under the SONIFI SORA Agreement or the SONIFI STAYCAST Agreement (if applicable) on SONIFI’s behalf); (f) changes in Company vendors or other Company agents, including without limitation any and all changes to Company’s Internet service and/or Internet circuit provider(s); (g) equipment, components, parts or software, such as televisions or Internet routers, purchased or licensed from or installed by any person or entity other than SONIFI, SONIFI contractors, SONIFI sub-contractors or an Approved Third-Party Financing Company; (h) misuse; (i) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (j) limitations of technology; (k) modification, adjustment or alteration of any part of the Headend Equipment, the In-Room Equipment, the Documentation or the Licensed Software without SONIFI’s authorization; (l) unauthorized opening of or tampering with the Headend Equipment or the In-In- Room Equipment (including, by way of example and not limitation, any attempt to defeat a technical limitation or anti-piracy mechanism); (m) cosmetic damage to the Headend Equipment or the In-Room Equipment; (n) unreasonable or unapproved use or any use or installation inconsistent with Documentation and SONIFI or manufacturer instruction; (o) use of parts or peripherals not recommended or approved by SONIFI; (p) damage caused by servicing not authorized by SONIFI; (q) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware, cancelbots or other malicious code not introduced directly by SONIFI employees, contractors or sub-contractors (excluding software and Updates authored, published, licensed, provided or made available by In-Room Equipment manufacturers and their suppliers and licensors for which SONIFI is not responsible or liableliable in any case); (r) cable cuts caused by third parties (other than SONIFI employees, contractors or sub- contractors), the Company and/or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees;; (s) single-room issues or problems with Equipment (including Covered Equipment) or Licensed Software; (t) changes in Company equipment at the Premises, such as televisions or the property management system; (u) any damage, problem or defect caused by Company’s movement or replacement of televisions or terminal devices; (v) firmware updates for Internet routers, wireless access points, televisions, and set-top boxes or set-back devices; (w) any damage, problem, defect, Equipment modification, Equipment upgrade or hardware addition necessitated or caused by Company’s remodeling, reduction or addition of guest rooms; (x) FTG Programming channel line-up management and changes, and questions or complaints regarding FTG Programming rates; (y) repair and programming of remote-control devices, including without limitation, battery replacement; (z) changes to Company’s or the Premises’ name; (aa) failure of Company owners, partners, members, directors, officers, employees, agents, contractors and/or subcontractors to communicate with and follow the instructions of TAC and SONIFI service personnel; (bb) public area televisions and related video programming and content; (cc) verifying high-speed Internet access data transmission availability and data speed, and all labor and parts for high-speed Internet access hardware; (dd) any damage, problem, defect or modification to Equipment or any Equipment upgrade or hardware addition, in any case, caused by Internet circuit conversions at the Premises; or (ee) a Force Majeure Event. If Company requests and SONIFI elects, in its sole discretion, to provide maintenance, repair and/or support services required due to any of the aforementioned instances, Company shall promptly reimburse SONIFI for all labor and travel expenses at SONIFI’s rate(s) set forth in the most recent SONIFI Rate Card available from xxxxxxxxxxxxxxx@xxxxxx.xxx or as made available at xxx.xxxxxx.xxx, plus (i) the cost of parts, components and other materials (if not covered under this SONIFI Limited Warranty), (ii) the trip charge specified on the Rate Card, (iii) lodging expenses, parking fees and tolls and (iv) applicable taxes, shipping, handling and freight.

Limitations and Exclusions. Notwithstanding anything to the contrary in this these SONIFI Limited WarrantyEquipment Maintenance Terms, SONIFI has no obligation to perform any work, warranty service, Update, support, repair, replacement or maintenance associated with Equipment (including Covered Headend Equipment), In- Room Equipment, Documentation and Licensed Software, at any time, to the extent that SONIFI determines that a problem or failure is caused by: : (a) the acts or omissions of Company or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees, regardless of whether such acts or omissions are intentional, reckless, or negligent; (b) vandalism, theft or willful or negligent acts or omissions of Company, or any of its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees; (c) Company’s failure to perform its obligations hereunderunder the Agreement, including but not limited to following the site specifications in the SOW; ; (d) Premises renovations; (e) acts or omissions of third parties (other than SONIFI contractors or sub-contractors performing work under the SONIFI SORA Agreement or the SONIFI STAYCAST Agreement (if applicable) on SONIFI’s behalf); (f) changes in Company vendors or other Company agents, including without limitation any and all changes to Company’s Internet service and/or Internet circuit provider(s); (g) equipment, components, parts or software, such as televisions or Internet routers, purchased or licensed from or installed by any person or entity other than SONIFI, SONIFI contractors, or SONIFI sub-contractors or an Approved Third-Party Financing Companycontractors; (h) misuse; (i) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (j) limitations of technology; (k) modification, adjustment or alteration of any part of the Headend Equipment, the In-Room Equipment, the Documentation or the Licensed Software without SONIFI’s authorization; (l) unauthorized opening of or tampering with the Headend Equipment or the In-Room Equipment (including, by way of example and not limitation, any attempt to defeat a technical limitation or anti-piracy mechanism); (m) cosmetic damage to the Headend Equipment or the In-Room Equipment; (n) unreasonable or unapproved use or any use or installation inconsistent with Documentation and instruction; (o) use of parts or peripherals not recommended or approved by SONIFI; (p) damage caused by servicing not authorized by SONIFI; (q) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware, cancelbots or other malicious code not introduced directly by SONIFI employees, contractors or sub-contractors (excluding contractors; provided, however, SONIFI is not responsible or liable for software and Updates authored, published, licensed, provided or made available by In-Room Equipment manufacturers and their suppliers and licensors for which SONIFI is not responsible or liable)licensors; (r) cable cuts caused by third parties (other than SONIFI employees, contractors or sub- contractors), the Company and/or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees; (s) changes in Company equipment at the Premises, such as televisions or the property management system; (t) any damage, problem or defect caused by Company’s movement or replacement of televisions or terminal devices; (u) firmware updates for Internet routers, wireless access points, televisions, and remote controls; (v) any damage, problem, defect, Headend Equipment or In-Room Equipment modification, Headend Equipment or In-Room Equipment upgrade or hardware addition necessitated or caused by Company’s remodeling, reduction or addition of guest rooms; (w) FTG Programming channel line-up management and changes, and questions or complaints regarding FTG Programming rates;

Limitations and Exclusions. Notwithstanding anything to the contrary in this SONIFI Limited Warranty, SONIFI has no obligation to perform any work, warranty service, Update, support, repair, replacement or maintenance associated with Equipment (including Covered FTG Equipment), Documentation and Licensed Software, to the extent that SONIFI determines that a problem or failure is caused by: (a) the acts or omissions of Company or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees, regardless of whether such acts or omissions are intentional, reckless, or negligent; (b) vandalism, theft or willful or negligent acts or omissions of Company, or any of its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees; (c) Company’s failure to perform its obligations hereunderunder the Agreement, including but not limited to following the site specifications in the SOW; (d) Premises renovations; (e) acts or omissions of third parties (other than SONIFI contractors or sub-contractors performing work under the SONIFI SORA Agreement or the SONIFI STAYCAST Agreement (if applicable) on SONIFI’s behalf); (f) changes in Company vendors or other Company agents, including without limitation any and all changes to Company’s Internet service and/or Internet circuit provider(s); (g) equipment, components, parts or software, such as televisions or Internet routers, purchased or licensed from or installed by any person or entity other than SONIFI, SONIFI contractors, SONIFI sub-contractors or an Approved Third-Party Financing Company; (h) misuse; (i) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (j) limitations of technology; (k) modification, adjustment or alteration of any part of the Headend Equipment, the In-Room Equipment, the Documentation or the Licensed Software without SONIFI’s authorization; (l) unauthorized opening of or tampering with the Headend Equipment or the In-Room Equipment (including, by way of example and not limitation, any attempt to defeat a technical limitation or anti-piracy mechanism); (m) cosmetic damage to the Headend Equipment or the In-Room Equipment; (n) unreasonable or unapproved use or any use or installation inconsistent with Documentation and instruction; (o) use of parts or peripherals not recommended or approved by SONIFI; (p) damage caused by servicing not authorized by SONIFI; (q) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware, cancelbots or other malicious code not introduced directly by SONIFI employees, contractors or sub-contractors (excluding software and Updates authored, published, licensed, provided or made available by In-Room Equipment manufacturers and their suppliers and licensors for which SONIFI is not responsible or liable); (r) cable cuts caused by third parties (other than SONIFI employees, contractors or sub- contractors), the Company and/or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees;

Limitations and Exclusions. Notwithstanding anything to the contrary in this SONIFI Limited Warranty, SONIFI has no obligation to perform any work, warranty service, Update, support, repair, replacement or maintenance associated with Equipment (including Covered Equipment), Documentation and Licensed Software, to the extent that SONIFI determines that a problem or failure is directly or indirectly caused by: (a) the acts or omissions of Company or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees, regardless of whether such acts or omissions are intentional, reckless, or negligent; (b) vandalism, theft or willful or negligent acts or omissions of Company, or any of its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees; (c) Company’s failure to perform its obligations hereunder, including but not limited to following the site specifications in the SOW; (d) Premises renovations; (e) acts or omissions of third parties (other than SONIFI contractors or sub-contractors performing work under the SONIFI SORA Agreement or the SONIFI STAYCAST Agreement (if applicable) on SONIFI’s behalf); (f) changes in Company vendors or other Company agents, including without limitation any and all changes to Company’s Internet service and/or Internet circuit provider(s); (g) equipment, components, parts or software, such as televisions or Internet routers, purchased or licensed from or installed by any person or entity other than SONIFI, SONIFI contractors, SONIFI sub-contractors or an Approved Third-Party Financing Company; (h) misuse; (i) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (j) limitations of technology; (k) modification, adjustment or alteration of any part of the Headend Equipment, the In-Room Equipment, the Documentation or the Licensed Software without SONIFI’s authorization; (l) unauthorized opening of or tampering with the Headend Equipment or the In-Room Equipment (including, by way of example and not limitation, any attempt to defeat a technical limitation or anti-piracy mechanism); (m) cosmetic damage to the Headend Equipment or the In-Room Equipment; (n) unreasonable or unapproved use or any use or installation inconsistent with Documentation and instruction; (o) use of parts or peripherals not recommended or approved by SONIFI; (p) damage caused by servicing not authorized by SONIFI; (q) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware, cancelbots or other malicious code not introduced directly by SONIFI employees, contractors or sub-contractors (excluding software and Updates authored, published, licensed, provided or made available by In-Room Equipment manufacturers and their suppliers and licensors for which SONIFI is not responsible or liable)code; (r) cable cuts caused by third parties (other than SONIFI employees, contractors or sub- contractors)parties, the Company and/or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees;; (s) single-room issues or problems with Equipment (including Covered Equipment) or Licensed Software; (t) changes in Company equipment at the Premises, such as televisions or the property management system; (u) any damage, problem or defect caused by Company’s movement or replacement of televisions or terminal devices; (v) firmware updates for Internet routers, wireless access points, televisions, and set-top boxes or set-back devices that are not In-Room Equipment; (w) any damage, problem, defect, Equipment modification, Equipment upgrade or hardware addition necessitated or caused by Company’s remodeling, reduction or addition of guest rooms; (x) repair and programming of remote-control devices, including without limitation, battery replacement; (y) changes to Company’s or the Premises’ name; (z) failure of Company owners, partners, members, directors, officers, employees, agents, contractors and/or subcontractors to communicate with and follow the instructions of TAC and SONIFI service personnel; (aa) public area televisions and related video programming and content; (bb) verifying high-speed Internet access data transmission availability and data speed, and all labor and parts for high-speed Internet access hardware; (cc) any damage, problem, defect or modification to Equipment or any Equipment upgrade or hardware addition, in any case, caused by Internet circuit conversions at the Premises; or (dd) a Force Majeure Event. If Company requests and SONIFI elects, in its sole discretion, to provide maintenance and/or support services required due to any of the aforementioned instances, Company shall promptly reimburse SONIFI for all labor and travel expenses at SONIFI’s rate(s) set forth in the most recent SONIFI Rate Card available from xxxxxxxxxxxxxxx@xxxxxx.xxx or as made available at xxx.xxxxxx.xxx, plus all equipment, part and component costs, all travel and parking costs, and all applicable taxes, fees, freight, handling and shipping costs.