Common use of Limited Warranty; Limitation of Liability Clause in Contracts

Limited Warranty; Limitation of Liability. REVVITY OMICS, INC., VIACORD, LLC, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, INCLUDING THE ORDERING PROVIDER AND ITS CONTRACTORS, SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REVVITY’S OR VIACORD’S, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONS.

Limited Warranty; Limitation of Liability. REVVITY OMICSVSI represents that it will use reasonable care in providing Services to Corner Store, INC.and such Services shall be provided by VSI in accordance with all applicable laws, VIACORDrules, LLCand regulations. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, ALL SERVICES AND PRODUCTS ARE RENDERED AND PROVIDED TO CORNER STORE AS IS, WHERE IS, WITH ALL FAULTS, AND THEIR RESPECTIVE AFFILIATESVSI MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING PROVIDER WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR CORNER STORE. FURTHERMORE, CORNER STORE MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO VSI BY ANY PARTY (INCLUDING, AN AFFILIATE OF VSI) PERFORMING SERVICES ON BEHALF OF VSI HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO CORNER STORE. IT IS EXPRESSLY UNDERSTOOD BY CORNER STORE THAT VSI AND ITS CONTRACTORSAFFILIATES SHALL HAVE NO LIABILITY FOR THE FAILURE TO PERFORM ANY SERVICES HEREUNDER AND FURTHER THAT VSI AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY THIRD PARTY, UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER THAT CONSTITUTES GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF VSI OR ITS AFFILIATES. CORNER STORE AGREES THAT THE REMUNERATION PAID TO VSI HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL NOT VSI BE LIABLE TO CORNER STORE OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARYPUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF GOODWILL, OR PUNITIVE DAMAGES WHETHER ARISING OUT LOST OPPORTUNITIES, RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISETHIS AGREEMENT, REGARDLESS OF THE FAULT OF VSI, ANY VSI AFFILIATE, OR ANY THIRD PARTY PROVIDER OR WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER VSI, ANY VSI AFFILIATE, OR NOT REVVITY THE THIRD PARTY PROVIDER ARE CONCURRENTLY, PARTIALLY, OR VIACORD HAVE BEEN ADVISED OF SOLELY NEGLIGENT. TO THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF EXTENT ANY AGREED THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO VSI OR ITS AFFILIATE FOR SERVICES UNDER AN OUTSOURCING OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REVVITY’S OR VIACORD’SAGREEMENT, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED CORNER STORE AGREES TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY FOR ANY PRODUCT OR SERVICE PROVIDED TO DEATH CORNER STORE BY SUCH THIRD PARTY PROVIDER UNDER VSI’S OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORDSUCH AFFILIATE’S AGREEMENT. EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS , VSI’S AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR ITS AFFILIATES’ COLLECTIVE MAXIMUM LIABILITY TO CORNER STORE WITH RESPECT TO ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING AGGREGATE TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS AMOUNT PAYABLE HEREUNDER BY CORNER STORE (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(SEXCLUDING DIRECT CHARGES)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONS.

Limited Warranty; Limitation of Liability. REVVITY OMICSAs stated in the Dell Customer Master Services Agreement (CMSA): Limited Warranty. DELL WARRANTS THAT SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. EXCEPT AS EXPRESSLY STATED IN THE PRECEDING SENTENCE, INC., VIACORD, LLC, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSDELL MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY RELATING TO THIRD PARTY PRODUCTS OR THIRD PARTY SERVICES; ANY WARRANTY WITH RESPECT TO THE ORDERING PROVIDER AND ITS CONTRACTORSPERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN CONDUCTING SERVICES; ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES OR THE RESULTS OF ANY RECOMMENDATION DELL MAY MAKE; AND,ANY IMPLIED WARRANTIES CONCERNING THE PERFORMANCE, SHALL NOT MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE DELIVERABLES OR OF ANY SYSTEM THAT MAY RESULT FROM THE IMPLEMENTATION OF ANY RECOMMENDATION DELL MAY PROVIDE. Limitation of Liability. NEITHER CUSTOMER, DELL NOR DELL’S SUBCONTRACTORS WILL BE LIABLE FOR ANY CONSEQUENTIALINCIDENTAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, SPECIAL OR PUNITIVE CONSEQUENTIAL DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE IN CONNECTION WITH THE SERVICES PROVIDED BY DELL EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DELL SHALL NOT HAVE LIABILITY FOR (I) LOSS OF INCOME, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REVVITY’S OR VIACORD’SPROFIT, OR THEIR RESPECTIVE AFFILIATES’SAVINGS, DIRECTORS’WHETHER DIRECT OR INDIRECT, EMPLOYEES’(II) LOST OR CORRUPTED DATA OR SOFTWARE, AGENTS’ OR SERVICE PROVIDERS’(III) PRODUCTS NOT BEING AVAILABLE FOR USE. EXCEPT FOR CLAIMS THAT THE SERVICES (EXCLUDING THIRD PARTY PRODUCTS) CAUSED BODILY INJURY (INCLUDING DEATH) DUE TO DELL’S NEGLIGENCE OR WILLFUL MISCONDUCT, INCLUDING THE ORDERING PROVIDERDELL’S AND ITS CONTRACTORS’ AGGREGATE TOTAL LIABILITY ARISING OUT OF OF, OR RELATED TO THE IN CONNECTION WITH, ANY SERVICES PROVIDED PURCHASED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID BY CUSTOMER PURSUANT FOR THE SPECIFIC SERVICE(S) GIVING RISE TO THIS SERVICE AGREEMENTSUCH CLAIM DURING THE PRIOR TWELVE MONTH PERIOD. High Risk Application Disclaimer. Dell has not tested or certified its products, Services or deliverables for use in high risk applications including medical life support, medical device, direct physical patient contact, water treatment, nuclear facilities, weapon systems, mass and air transportation control, flammable environments, or any other potentially life critical uses. Customer understands and agrees that Dell makes no assurances that the products, Services or deliverables are suitable for any high-risk uses. Maintenance by Customer. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL CONTRACTED COVERAGE OUTLINED IN THIS AGREEMENT DOES NOT APPLY TO DEATH OR PERSONAL INJURY COVER DEFECTS RESULTING FROM REVVITY IMPROPER OR VIACORD’S GROSS NEGLIGENCE INADEQUATE MAINTENANCE BY CUSTOMER; UNAUTHORIZED MODIFICATION; IMPROPER USE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVEOPERATION OUTSIDE OF SPECIFICATIONS OR SUPPORTED CONFIGURATIONS FOR THE PRODUCT; ABUSE, NOW OR IN THE FUTURENEGLIGENCE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITYACCIDENT, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION DAMAGE IN TRANSIT; IMPROPER SITE PREPARATION; OR UNAUTHORIZED MAINTENANCE OR REPAIR. DELL DOES NOT WARRANT THAT THE OPERATION OF SAMPLE(S)) IN THIS PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. DELL IS NOT RESPONSIBLE FOR DAMAGE THAT OCCURS AS A RESULT OF YOUR FAILURE TO FOLLOW THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSINSTRUCTIONS INTENDED FOR THE DELL EQUALLOGIC HARDWARE PRODUCT.

Limited Warranty; Limitation of Liability. REVVITY OMICSUltramar represents that it will use reasonable care in providing Services to Corner Store, INC.and such Services shall be provided by Ultramar in accordance with all applicable laws, VIACORDrules, LLCand regulations. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, ALL SERVICES AND PRODUCTS ARE RENDERED AND PROVIDED TO CORNER STORE AS IS, WHERE IS, WITH ALL FAULTS, AND THEIR RESPECTIVE AFFILIATESULTRAMAR MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING PROVIDER WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR CORNER STORE. FURTHERMORE, CORNER STORE MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO ULTRAMAR BY ANY PARTY (INCLUDING, AN AFFILIATE OF ULTRAMAR) PERFORMING SERVICES ON BEHALF OF ULTRAMAR HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO CORNER STORE. IT IS EXPRESSLY UNDERSTOOD BY CORNER STORE THAT ULTRAMAR AND ITS CONTRACTORSAFFILIATES SHALL HAVE NO LIABILITY FOR THE FAILURE TO PERFORM ANY SERVICES HEREUNDER AND FURTHER THAT ULTRAMAR AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY THIRD PARTY, UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER THAT CONSTITUTES GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF ULTRAMAR OR ITS AFFILIATES. CORNER STORE AGREES THAT THE REMUNERATION PAID TO ULTRAMAR HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL NOT ULTRAMAR BE LIABLE TO CORNER STORE OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARYPUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF GOODWILL, OR PUNITIVE DAMAGES WHETHER ARISING OUT LOST OPPORTUNITIES, RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISETHIS AGREEMENT, REGARDLESS OF THE FAULT OF ULTRAMAR, ANY ULTRAMAR AFFILIATE, OR ANY THIRD PARTY PROVIDER OR WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER ULTRAMAR, ANY ULTRAMAR AFFILIATE, OR NOT REVVITY THE THIRD PARTY PROVIDER ARE CONCURRENTLY, PARTIALLY, OR VIACORD HAVE BEEN ADVISED OF SOLELY NEGLIGENT. TO THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF EXTENT ANY AGREED THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO ULTRAMAR OR ITS AFFILIATE FOR SERVICES UNDER AN OUTSOURCING OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REVVITY’S OR VIACORD’SAGREEMENT, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED CORNER STORE AGREES TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY FOR ANY PRODUCT OR SERVICE PROVIDED TO DEATH CORNER STORE BY SUCH THIRD PARTY PROVIDER UNDER ULTRAMAR’S OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORDSUCH AFFILIATE’S AGREEMENT. EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS , ULTRAMAR’S AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR ITS AFFILIATES’ COLLECTIVE MAXIMUM LIABILITY TO CORNER STORE WITH RESPECT TO ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING AGGREGATE TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS AMOUNT PAYABLE HEREUNDER BY CORNER STORE (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(SEXCLUDING DIRECT CHARGES)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONS.

Limited Warranty; Limitation of Liability. REVVITY OMICSDSRMC represents that it will provide or cause the Administrative Services to be provided to the Partnership Parties with reasonable care and in accordance with all applicable laws, INC.rules, VIACORDand regulations, LLCincluding without limitation those of the Federal Energy Regulatory Commission. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE AND IN SECTION 1.1 (d), ALL PRODUCTS OBTAINED FOR THE PARTNERSHIP PARTIES ARE AS IS, WHERE IS, WITH ALL FAULTS AND THEIR RESPECTIVE AFFILIATESDSRMC MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR THE PARTNERSHIP PARTIES. FURTHERMORE, THE PARTNERSHIP PARTIES MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO DSRMC BY ANY PARTY (INCLUDING, AN AFFILIATE OF DSRMC) PERFORMING SERVICES ON BEHALF OF DSRMC HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO XXXXXX XX OR THE PARTNERSHIP PARTIES. HOWEVER, IN THE CASE OF SERVICES PROVIDED BY A THIRD PARTY FOR THE PARTNERSHIP PARTIES, IF THE THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO ANY OF THE PARTNERSHIP PARTIES, THE PARTNERSHIP PARTIES ARE ENTITLED TO CAUSE DSRMC TO RELY ON AND TO ENFORCE SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY THE PARTNERSHIP PARTIES THAT DSRMC AND ITS CONTRACTORS, AFFILIATES SHALL NOT BE LIABLE HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT DSRMC AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE OR OTHER REMEDY INTENTIONAL MISCONDUCT ON THE PART OF DSRMC OR ITS ESSENTIAL PURPOSEAFFILIATES BUT DSRMC SHALL, ON BEHALF OF THE PARTNERSHIP PARTIES, PURSUE ALL RIGHTS AND REMEDIES UNDER ANY SUCH THIRD PARTY CONTRACT. THE PARTNERSHIP PARTIES AGREE THAT THE REMUNERATION PAID TO DSRMC HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITY’S DSRMC BE LIABLE TO THE PARTNERSHIP PARTIES OR VIACORD’SANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR THEIR RESPECTIVE AFFILIATES’CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, DIRECTORS’REGARDLESS OF THE FAULT OF DSRMC, EMPLOYEES’ANY DSRMC AFFILIATE, AGENTS’ OR SERVICE PROVIDERS’ANY THIRD PARTY PROVIDER OR WHETHER DSRMC, INCLUDING ANY DSRMC AFFILIATE, OR THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF THIRD PARTY PROVIDER ARE WHOLLY, CONCURRENTLY, PARTIALLY, OR RELATED SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO DSRMC OR ITS AFFILIATE FOR SERVICES PROVIDED PURSUANT UNDER AN OUTSOURCING OR OTHER AGREEMENT, THE PARTNERSHIP PARTIES AGREE TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING PRODUCT OR SERVICE PROVIDED TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE PARTNERSHIP PARTIES BY SUCH THIRD PARTY PROVIDER UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS DSRMC’S OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSSUCH AFFILIATE’S AGREEMENT.

Limited Warranty; Limitation of Liability. REVVITY OMICSEach Party represents, INC.on behalf of itself and each other member of such Party’s Service Provider Group, VIACORDthat each Service Provider will use reasonable care in providing Services to the members of the Service Recipient Group, LLCand such Services shall be provided by the applicable Service Provider in accordance with all applicable Laws, rules, and regulations. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE AND IN SECTION 2.1(B), ALL SERVICES AND PRODUCTS ARE RENDERED AND PROVIDED TO THE SERVICE RECIPIENTS AS IS, WHERE IS, WITH ALL FAULTS, AND THEIR RESPECTIVE AFFILIATESTHE SERVICE PROVIDERS MAKE NO (AND HEREBY DISCLAIM AND NEGATE ANY AND ALL) REPRESENTATIONS AND WARRANTIES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR THE SERVICE RECIPIENTS. FURTHERMORE, THE SERVICE RECIPIENTS MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO THE SERVICE RECIPIENTS BY ANY PARTY (INCLUDING AN AFFILIATE OF THE SERVICE PROVIDER GROUP) PERFORMING SERVICES ON BEHALF OF THE SERVICE PROVIDER GROUP HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO A SERVICE RECIPIENT. IT IS EXPRESSLY UNDERSTOOD BY EACH PARTY, ON BEHALF OF ITSELF AND EACH OTHER MEMBER OF THE SERVICE RECIPIENT GROUP, THAT THE SERVICE PROVIDER GROUP SHALL HAVE NO LIABILITY FOR ANY SERVICES PROVIDED HEREUNDER AND FURTHER THAT THE SERVICE PROVIDER GROUP SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY THIRD PARTY, UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER THAT CONSTITUTES FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF THE SERVICE PROVIDER OR ITS CONTRACTORSAFFILIATES. EACH PARTY AGREES THAT THE REMUNERATION PAID TO THE SERVICE PROVIDER GROUP HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECTS THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NEITHER THE SERVICE PROVIDER GROUP NOR ITS AFFILIATES, ON THE ONE HAND, NOR THE SERVICE RECIPIENT GROUP NOR ITS AFFILIATES, ON THE OTHER HAND, SHALL NOT BE LIABLE UNDER THIS AGREEMENT TO THE OTHER FOR ANY CONSEQUENTIALSPECIAL, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, EXEMPLARY, REMOTE, SPECULATIVE OR PUNITIVE SIMILAR DAMAGES WHETHER IN EXCESS OF COMPENSATORY DAMAGES. OF THE OTHER ARISING OUT OF IN CONNECTION WITH ANY BREACH OF CONTRACTTHIS AGREEMENT OR, TORT IN THE CASE OF THE SERVICE PROVIDER GROUP AND ITS AFFILIATES, THE PERFORMANCE OF THE SERVICES CONTEMPLATED HEREBY (INCLUDING NEGLIGENCE) OR OTHERWISEOTHER THAN ANY SUCH LIABILITY WITH RESPECT TO A THIRD-PARTY CLAIM), REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED THE FAULT OF THE POSSIBILITY OF SUCH DAMAGESSERVICE PROVIDER GROUP, AND NOTWITHSTANDING OR ANY THIRD-PARTY PROVIDER, OR WHETHER THE FAILURE OF SERVICE PROVIDER GROUP, OR THE THIRD-PARTY PROVIDER, ARE CONCURRENTLY, PARTIALLY, OR SOLELY NEGLIGENT. TO THE EXTENT ANY AGREED THIRD-PARTY PROVIDER HAS LIMITED ITS LIABILITY TO THE SERVICE PROVIDER GROUP FOR SERVICES UNDER AN OUTSOURCING OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REVVITY’S OR VIACORD’SAGREEMENT, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR THE APPLICABLE SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED RECIPIENT AGREES TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY FOR ANY PRODUCT OR SERVICE PROVIDED TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORDTHE SERVICE RECIPIENT BY SUCH THIRD-PARTY PROVIDER UNDER THE APPLICABLE SERVICE PROVIDER’S AGREEMENT. EXCEPT IN CASES OF FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR THE SERVICE PROVIDER GROUP’S COLLECTIVE MAXIMUM LIABILITY TO THE SERVICE RECIPIENT GROUP WITH RESPECT TO ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING AGGREGATE TO THE SEQUENCING SERVICESAMOUNT PAYABLE HEREUNDER BY THE SERVICE RECIPIENT GROUP (EXCLUDING DIRECT CHARGES). The Service Recipient Group shall assume all liability and shall further release, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBITindemnify and hold each member of the Service Provider Group and their respective employees, IF ANYofficers, directors and agents free and harmless from and against all losses resulting from, arising out of or related to (A) the performance of the Services, however arising and whether or not caused by the negligence of any member of the Service Provider Group or any third-party provider, other than losses caused by the fraud, gross negligence or willful misconduct of any member of the Service Provider Group or any third-party provider or the material breach of this Agreement by any member of the Service Provider Group or any third-party provider, (B) any material breach of this Agreement by the Service Recipient Group or (C) the fraud, gross negligence or willful misconduct of the Service Recipient Group. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS The Service Provider Group shall assume all liability and shall further release, indemnify and hold each member of the Service Recipient Group and their respective employees, officers, directors and agents free and harmless from and against all losses resulting from, arising out of or related to (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)A) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDEthe fraud, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NONgross negligence or willful misconduct of the Service Provider Group or any third-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSparty provider in the performance of or failure to perform the Services or (B) any material breach of this Agreement by the Service Provider Group or any third-party provider.

Limited Warranty; Limitation of Liability. REVVITY OMICS(a) NRC Health warrants that the Services provided pursuant to this Agreement (the “Services”), INCwill be performed in a good and workmanlike manner. NRC Health’s sole obligation under this warranty is to correct and adjust the Services within a reasonable amount of time from notification by member that such Services do not substantially conform to this warranty. (b) NRC HEALTH’S LIABILITY AND MEMBER'S EXCLUSIVE REMEDY FOR DEFECTIVE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT SHALL BE LIMITED TO CORRECTION AND ADJUSTMENT OF THE SERVICES WHICH DO NOT COMPLY WITH THIS WARRANTY, VIACORDPROVIDED THAT MEMBER AFFORDS NRC HEALTH A REASONABLE OPPORTUNITY TO PROVIDE SUCH CORRECTIONS AND REASONABLY ASSISTS NRC HEALTH IN IDENTIFYING SUCH ERRORS OR OMISSIONS. (c) THE LIMITED WARRANTY PROVIDED IN SUB-PARAGRAPHS (a) AND (b) HEREOF IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COURSE OF DEALING OR USAGE OF TRADE, LLC, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, INCLUDING THE ORDERING PROVIDER AND ITS CONTRACTORS, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED BY NRC HEALTH. (d) IN NO EVENT SHALL NOT NRC HEALTH BE OBLIGATED OR LIABLE TO MEMBER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OR IN CONNECTION WITH THE SERVICES PROVIDED BY NRC HEALTH TO MEMBER HEREUNDER, INCLUDING BUT NOT LIMITED TO LOSS OF CONTRACTREVENUE OR PROFIT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE EVEN IF NRC HEALTH HAS BEEN ADVISED OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REVVITY’S OR VIACORD’S, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSLOSS.

Limited Warranty; Limitation of Liability. REVVITY OMICSUltramar represents that it will use reasonable care in providing Services to CST, INC.and such Services shall be provided by Ultramar in accordance with all applicable laws, VIACORDrules, LLCand regulations. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, ALL SERVICES AND PRODUCTS ARE RENDERED AND PROVIDED TO CST AS IS, WHERE IS, WITH ALL FAULTS, AND THEIR RESPECTIVE AFFILIATESULTRAMAR MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING PROVIDER WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR CST. FURTHERMORE, CST MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO ULTRAMAR BY ANY PARTY (INCLUDING, AN AFFILIATE OF ULTRAMAR) PERFORMING SERVICES ON BEHALF OF ULTRAMAR HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO CST. IT IS EXPRESSLY UNDERSTOOD BY CST THAT ULTRAMAR AND ITS CONTRACTORSAFFILIATES SHALL HAVE NO LIABILITY FOR THE FAILURE TO PERFORM ANY SERVICES HEREUNDER AND FURTHER THAT ULTRAMAR AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY THIRD PARTY, UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER THAT CONSTITUTES GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF ULTRAMAR OR ITS AFFILIATES. CST AGREES THAT THE REMUNERATION PAID TO ULTRAMAR HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL NOT ULTRAMAR BE LIABLE TO CST OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARYPUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF GOODWILL, OR PUNITIVE DAMAGES WHETHER ARISING OUT LOST OPPORTUNITIES, RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISETHIS AGREEMENT, REGARDLESS OF THE FAULT OF ULTRAMAR, ANY ULTRAMAR AFFILIATE, OR ANY THIRD PARTY PROVIDER OR WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER ULTRAMAR, ANY ULTRAMAR AFFILIATE, OR NOT REVVITY THE THIRD PARTY PROVIDER ARE CONCURRENTLY, PARTIALLY, OR VIACORD HAVE BEEN ADVISED OF SOLELY NEGLIGENT. TO THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF EXTENT ANY AGREED THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO ULTRAMAR OR ITS AFFILIATE FOR SERVICES UNDER AN OUTSOURCING OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REVVITY’S OR VIACORD’SAGREEMENT, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED CST AGREES TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY FOR ANY PRODUCT OR SERVICE PROVIDED TO DEATH CST BY SUCH THIRD PARTY PROVIDER UNDER ULTRAMAR’S OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORDSUCH AFFILIATE’S AGREEMENT. EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS , ULTRAMAR’S AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR ITS AFFILIATES’ COLLECTIVE MAXIMUM LIABILITY TO CST WITH RESPECT TO ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING AGGREGATE TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS AMOUNT PAYABLE HEREUNDER BY CST (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(SEXCLUDING DIRECT CHARGES)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONS.

Limited Warranty; Limitation of Liability. REVVITY OMICSThe Service Provider represents that it will use reasonable care in providing Services to the Service Recipient, INC.and such Services shall be provided by the Service Provider in accordance with all applicable laws, VIACORDrules, LLCand regulations. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE AND IN SECTION 2.1(B), ALL SERVICES AND PRODUCTS ARE RENDERED AND PROVIDED TO THE SERVICE RECIPIENT AS IS, WHERE IS, WITH ALL FAULTS, AND THEIR RESPECTIVE AFFILIATESTHE SERVICE PROVIDER MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR THE SERVICE RECIPIENT. FURTHERMORE, THE SERVICE RECIPIENT MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO THE SERVICE PROVIDER BY ANY PARTY (INCLUDING, AN AFFILIATE OF THE SERVICE PROVIDER) PERFORMING SERVICES ON BEHALF OF THE SERVICE PROVIDER HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO THE SERVICE RECIPIENT. IT IS EXPRESSLY UNDERSTOOD BY THE SERVICE RECIPIENT THAT THE SERVICE PROVIDER GROUP SHALL HAVE NO LIABILITY FOR ANY SERVICES PROVIDED HEREUNDER AND FURTHER THAT THE SERVICE PROVIDER GROUP SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY THIRD PARTY, UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER THAT CONSTITUTES GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF THE SERVICE PROVIDER OR ITS CONTRACTORS, AFFILIATES. THE SERVICE RECIPIENT AGREES THAT THE REMUNERATION PAID TO THE SERVICE PROVIDER HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL NOT THE SERVICE PROVIDER BE LIABLE TO THE SERVICE RECIPIENT OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARYPUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF GOODWILL, OR PUNITIVE DAMAGES WHETHER ARISING OUT LOST OPPORTUNITIES, RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISETHIS AGREEMENT, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED THE FAULT OF THE POSSIBILITY OF SUCH DAMAGESSERVICE PROVIDER GROUP, AND NOTWITHSTANDING OR ANY THIRD PARTY PROVIDER OR WHETHER THE FAILURE OF SERVICE PROVIDER GROUP, OR THE THIRD PARTY PROVIDER ARE CONCURRENTLY, PARTIALLY, OR SOLELY NEGLIGENT. TO THE EXTENT ANY AGREED THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO THE SERVICE PROVIDER OR ITS AFFILIATE FOR SERVICES UNDER AN OUTSOURCING OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REVVITY’S OR VIACORD’SAGREEMENT, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR THE SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED RECIPIENT AGREES TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY FOR ANY PRODUCT OR SERVICE PROVIDED TO DEATH THE SERVICE RECIPIENT BY SUCH THIRD PARTY PROVIDER UNDER THE SERVICE PROVIDER’S OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORDSUCH AFFILIATE’S AGREEMENT. EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR THE SERVICE PROVIDER GROUP’S COLLECTIVE MAXIMUM LIABILITY TO THE SERVICE RECIPIENT WITH RESPECT TO ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING AGGREGATE TO THE SEQUENCING SERVICES, OTHER THAN AMOUNT PAYABLE HEREUNDER BY THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS SERVICE RECIPIENT (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(SEXCLUDING DIRECT CHARGES)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONS.

Limited Warranty; Limitation of Liability. REVVITY OMICSVxxxxx XX represents that it will provide or cause the services to be provided to Holdings with reasonable care and in accordance with all applicable laws, INC.rules, VIACORDand regulations, LLCincluding without limitation those of the Federal Energy Regulatory Commission. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE AND IN SECTION 2.1 (d), ALL PRODUCTS OBTAINED FOR HOLDINGS ARE AS IS, WHERE IS, WITH ALL FAULTS AND THEIR RESPECTIVE AFFILIATESVXXXXX XX MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR HOLDINGS. FURTHERMORE, HOLDINGS MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO VXXXXX XX BY ANY PARTY (INCLUDING, AN AFFILIATE OR DESIGNEE OF VXXXXX XX) PERFORMING SERVICES ON BEHALF OF VXXXXX XX HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO HOLDINGS. HOWEVER, IN THE CASE OF SERVICES PROVIDED BY A THIRD PARTY FOR HOLDINGS, IF THE THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO HOLDINGS, HOLDINGS IS ENTITLED TO CAUSE VXXXXX XX TO RELY ON AND TO ENFORCE SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY HOLDINGS THAT VXXXXX XX AND ITS CONTRACTORS, AFFILIATES AND DESIGNEES SHALL NOT BE LIABLE HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT VXXXXX XX AND ITS AFFILIATES AND DESIGNEES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE OR OTHER REMEDY INTENTIONAL MISCONDUCT ON THE PART OF VXXXXX XX OR ITS ESSENTIAL PURPOSEAFFILIATES OR DESIGNEES BUT VXXXXX XX SHALL, ON BEHALF OF HOLDINGS, PURSUE ALL RIGHTS AND REMEDIES UNDER ANY SUCH THIRD PARTY CONTRACT. HOLDINGS AGREES THAT THE REMUNERATION PAID TO VXXXXX XX HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITY’S VXXXXX XX BE LIABLE TO HOLDINGS OR VIACORD’SANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR THEIR RESPECTIVE AFFILIATES’CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, DIRECTORS’REGARDLESS OF THE FAULT OF VXXXXX XX, EMPLOYEES’ANY VXXXXX XX AFFILIATE OR DESIGNEE, AGENTS’ OR SERVICE PROVIDERS’ANY THIRD PARTY PROVIDER OR WHETHER VXXXXX XX, INCLUDING ANY VXXXXX XX AFFILIATE OR DESIGNEE, OR THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF THIRD PARTY PROVIDER ARE WHOLLY, CONCURRENTLY, PARTIALLY, OR RELATED SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO VXXXXX XX OR ITS AFFILIATE OR DESIGNEE FOR SERVICES PROVIDED PURSUANT UNDER AN OUTSOURCING OR OTHER AGREEMENT, HOLDINGS AGREES TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING PRODUCT OR SERVICE PROVIDED TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE HOLDINGS BY SUCH THIRD PARTY PROVIDER UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS VALERO GP’S OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSSUCH AFFILIATE’S OR DESIGNEE’S AGREEMENT.

Limited Warranty; Limitation of Liability. REVVITY OMICSGP, INC.LLC represents that it will provide or cause the services to be provided to NuStar Energy with reasonable care and in accordance with all applicable laws, VIACORDrules, LLCand regulations, including without limitation those of the Federal Energy Regulatory Commission. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, ALL PRODUCTS OBTAINED FOR NUSTAR ENERGY AND THEIR RESPECTIVE AFFILIATESITS AFFILIATES ARE AS IS, DIRECTORSWHERE IS, EMPLOYEESWITH ALL FAULTS AND GP, AGENTS LLC MAKES NO (AND SERVICE PROVIDERSHEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE ORDERING PROVIDER WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR NUSTAR ENERGY AND ITS CONTRACTORSAFFILIATES. FURTHERMORE, SHALL NUSTAR ENERGY AND ITS AFFILIATES MAY NOT BE LIABLE RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO GP, LLC BY ANY CONSEQUENTIALPARTY PERFORMING SERVICES ON BEHALF OF GP, INDIRECTLLC HEREUNDER, INCIDENTALUNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO NUSTAR ENERGY AND ITS AFFILIATES. HOWEVER, SPECIALIN THE CASE OF SERVICES PROVIDED BY A THIRD PARTY FOR NUSTAR ENERGY AND ITS AFFILIATES, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF IF THE POSSIBILITY THIRD PARTY PROVIDER OF SUCH DAMAGESSERVICES MAKES AN EXPRESS WARRANTY TO NUSTAR ENERGY AND ITS AFFILIATES, NUSTAR ENERGY AND NOTWITHSTANDING ITS AFFILIATES ARE ENTITLED TO CAUSE GP, LLC TO RELY ON AND TO ENFORCE SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY NUSTAR ENERGY AND ITS AFFILIATES THAT GP, LLC SHALL HAVE NO LIABILITY FOR THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT GP, LLC SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE OR OTHER REMEDY INTENTIONAL MISCONDUCT ON THE PART OF GP, LLC BUT GP, LLC SHALL, ON BEHALF OF NUSTAR ENERGY AND ITS ESSENTIAL PURPOSEAFFILIATES, PURSUE ALL RIGHTS AND REMEDIES UNDER ANY SUCH THIRD PARTY CONTRACT. NUSTAR ENERGY AND ITS AFFILIATES AGREES THAT THE REMUNERATION PAID TO GP, LLC HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITY’S GP, LLC BE LIABLE TO NUSTAR ENERGY, ITS AFFILIATES OR VIACORD’SANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR THEIR RESPECTIVE AFFILIATES’CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, DIRECTORS’REGARDLESS OF THE FAULT OF GP, EMPLOYEES’LLC OR ANY THIRD PARTY PROVIDER OR WHETHER GP, AGENTS’ LLC OR SERVICE PROVIDERS’THE THIRD PARTY PROVIDER ARE WHOLLY, INCLUDING CONCURRENTLY, PARTIALLY, OR SOLELY NEGLIGENT. TO THE ORDERING PROVIDER’S EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO GP, LLC FOR SERVICES UNDER AN OUTSOURCING OR OTHER AGREEMENT, NUSTAR ENERGY AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED AFFILIATES AGREE TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING PRODUCT OR SERVICE PROVIDED TO THE SEQUENCING SERVICESNUSTAR ENERGY AND ITS AFFILIATES BY SUCH THIRD PARTY PROVIDER UNDER GP, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSLLC’S AGREEMENT.

Limited Warranty; Limitation of Liability. REVVITY OMICSVxxxxx XX represents that it will provide or cause the services to be provided to Holdings with reasonable care and in accordance with all applicable laws, INC.rules, VIACORDand regulations, LLCincluding without limitation those of the Federal Energy Regulatory Commission. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE AND IN SECTION 2.1 (d), ALL PRODUCTS OBTAINED FOR HOLDINGS ARE AS IS, WHERE IS, WITH ALL FAULTS AND THEIR RESPECTIVE AFFILIATESVXXXXX XX MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR HOLDINGS. FURTHERMORE, HOLDINGS MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO VXXXXX XX BY ANY PARTY (INCLUDING, AN AFFILIATE OR DESIGNEE OF VXXXXX XX) PERFORMING SERVICES ON BEHALF OF VXXXXX XX HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO HOLDINGS. HOWEVER, IN THE CASE OF SERVICES PROVIDED BY A THIRD PARTY FOR HOLDINGS, IF THE THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO HOLDINGS, HOLDINGS IS ENTITLED TO CAUSE VXXXXX XX TO RELY ON AND TO ENFORCE SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY HOLDINGS THAT VXXXXX XX AND ITS CONTRACTORS, AFFILIATES AND DESIGNEES SHALL NOT BE LIABLE HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT VXXXXX XX AND ITS AFFILIATES AND DESIGNEES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE OR OTHER REMEDY INTENTIONAL MISCONDUCT ON THE PART OF VXXXXX XX OR ITS ESSENTIAL PURPOSEAFFILIATES OR DESIGNEES BUT VXXXXX XX SHALL, ON BEHALF OF HOLDINGS, PURSUE ALL RIGHTS AND REMEDIES UNDER ANY SUCH THIRD PARTY CONTRACT. HOLDINGS AGREES THAT THE REMUNERATION PAID TO ALERO GP HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITY’S VXXXXX XX BE LIABLE TO HOLDINGS OR VIACORD’SANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR THEIR RESPECTIVE AFFILIATES’CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, DIRECTORS’REGARDLESS OF THE FAULT OF VXXXXX XX, EMPLOYEES’ANY VXXXXX XX AFFILIATE OR DESIGNEE, AGENTS’ OR SERVICE PROVIDERS’ANY THIRD PARTY PROVIDER OR WHETHER VXXXXX XX, INCLUDING ANY VXXXXX XX AFFILIATE OR DESIGNEE, OR THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF THIRD PARTY PROVIDER ARE WHOLLY, CONCURRENTLY, PARTIALLY, OR RELATED SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO VXXXXX XX OR ITS AFFILIATE OR DESIGNEE FOR SERVICES PROVIDED PURSUANT UNDER AN OUTSOURCING OR OTHER AGREEMENT, HOLDINGS AGREES TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING PRODUCT OR SERVICE PROVIDED TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE HOLDINGS BY SUCH THIRD PARTY PROVIDER UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS VALERO GP’S OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSSUCH AFFILIATE’S OR DESIGNEE’S AGREEMENT.

Limited Warranty; Limitation of Liability. REVVITY OMICSBASIS REPRESENTS THAT IT WILL PROVIDE OR CAUSE THE SERVICES TO BE PROVIDED TO THE GENERAL PARTNER AND THE PARTNERSHIP ENTITIES WITH REASONABLE DILIGENCE. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, INC.ALL PRODUCTS OBTAINED FOR THE GENERAL PARTNER OR THE PARTNERSHIP ENTITIES ARE AS IS, VIACORDWHERE IS, LLCWITH ALL FAULTS. BASIS AND ITS AFFILIATES MAKE NO (AND HEREBY DISCLAIM AND NEGATE ANY AND ALL) REPRESENTATIONS AND WARRANTIES, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR THE GENERAL PARTNER OR THE PARTNERSHIP ENTITIES. FURTHERMORE, NONE OF THE GENERAL PARTNER OR THE PARTNERSHIP ENTITIES MAY RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO BASIS OR ITS AFFILIATES BY ANY PARTY (INCLUDING, AN AFFILIATE OF BASIS) PERFORMING SERVICES ON BEHALF ON BASIS OR ITS AFFILIATES HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO THE GENERAL PARTNER, GENESIS MLP OR GENESIS OLP. HOWEVER, IN THE CASE OF OUTSOURCED SERVICES PROVIDED SOLELY FOR THE PARTNERSHIP ENTITIES, IF THE THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO BASIS, THE GENERAL PARTNER AND THE PARTNERSHIP ENTITIES ARE ALSO ENTITLED TO CAUSE BASIS TO RELY ON SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY GENESIS MLP AND GENESIS OLP AND GENESIS MLP AND GENESIS OLP AGREE THAT BASIS AND ITS CONTRACTORS, AFFILIATES SHALL NOT BE LIABLE HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT BASIS AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY THEM UNLESS SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE ON THE PART OF BASIS OR OTHER REMEDY ITS AFFILIATES OR WILLFUL OR INTENTIONAL MISCONDUCT. GENESIS MLP AND GENESIS OLP AGREE THAT THE REMUNERATION PAID TO BASIS OR AN AFFILIATE HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF ITS ESSENTIAL PURPOSELIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITY’S BASIS OR VIACORD’SITS AFFILIATES BE LIABLE TO THE GENERAL PARTNER, THE PARTNERSHIP ENTITIES OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, REGARDLESS OF THE FAULT OF BASIS, ANY BASIS AFFILIATE OR ANY THIRD PARTY PROVIDER OR WHETHER BASIS, ANY BASIS AFFILIATE OR THE THIRD PARTY PROVIDER ARE WHOLLY, CONCURRENTLY, PARTIALLY, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO BASIS OR ITS AFFILIATE FOR SERVICES PROVIDED PURSUANT UNDER AN OUTSOURCING OR OTHER AGREEMENT, GENESIS MLP AND GENESIS OLP AGREE TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING PRODUCT OR SERVICE PROVIDED TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE GENERAL PARTNER OR ANY PARTNERSHIP ENTITY BY SUCH THIRD PARTY PROVIDER UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS BASIS'S OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSSUCH AFFILIATE'S AGREEMENT.

Limited Warranty; Limitation of Liability. REVVITY OMICSVCSC represents that it will provide or cause the services to be provided to the Partnership Parties with reasonable care and in accordance with all applicable laws, INC.rules, VIACORDand regulations, LLCincluding without limitation those of the Federal Energy Regulatory Commission. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE AND IN SECTION 2.1 (c), ALL PRODUCTS OBTAINED FOR THE PARTNERSHIP PARTIES ARE AS IS, WHERE IS, WITH ALL FAULTS, AND THEIR RESPECTIVE AFFILIATESVCSC MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR THE PARTNERSHIP PARTIES. FURTHERMORE, THE PARTNERSHIP PARTIES MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO VCSC BY ANY PARTY (INCLUDING, AN AFFILIATE OF VCSC) PERFORMING SERVICES ON BEHALF OF VCSC HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO XXXXXX XX OR THE PARTNERSHIP PARTIES. HOWEVER, IN THE CASE OF SERVICES PROVIDED BY A THIRD PARTY FOR THE PARTNERSHIP PARTIES, IF THE THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO ANY OF THE PARTNERSHIP PARTIES, THE PARTNERSHIP PARTIES ARE ENTITLED TO CAUSE VCSC TO RELY ON AND TO ENFORCE SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY THE PARTNERSHIP PARTIES THAT VCSC AND ITS CONTRACTORS, AFFILIATES SHALL NOT BE LIABLE HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT VCSC AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE OR OTHER REMEDY INTENTIONAL MISCONDUCT ON THE PART OF VCSC OR ITS ESSENTIAL PURPOSEAFFILIATES BUT VCSC SHALL, ON BEHALF OF THE PARTNERSHIP PARTIES, PURSUE ALL RIGHTS AND REMEDIES UNDER ANY SUCH THIRD PARTY CONTRACT. THE PARTNERSHIP PARTIES AGREE THAT THE REMUNERATION PAID TO VCSC HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITY’S VCSC BE LIABLE TO THE PARTNERSHIP PARTIES OR VIACORD’SANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR THEIR RESPECTIVE AFFILIATES’CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, DIRECTORS’REGARDLESS OF THE FAULT OF VCSC, EMPLOYEES’ANY VCSC AFFILIATE, AGENTS’ OR SERVICE PROVIDERS’ANY THIRD PARTY PROVIDER OR WHETHER VCSC, INCLUDING ANY VCSC AFFILIATE, OR THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF THIRD PARTY PROVIDER ARE WHOLLY, CONCURRENTLY, PARTIALLY, OR RELATED SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO VCSC OR ITS AFFILIATE FOR SERVICES PROVIDED PURSUANT UNDER AN OUTSOURCING OR OTHER AGREEMENT, THE PARTNERSHIP PARTIES AGREE TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING PRODUCT OR SERVICE PROVIDED TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE PARTNERSHIP PARTIES BY SUCH THIRD PARTY PROVIDER UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS VCSC’S OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSSUCH AFFILIATE’S AGREEMENT.

Limited Warranty; Limitation of Liability. REVVITY OMICSChobani represents and warrants to Customer that (a) Chobani has the right to convey good title to Products, INC.and (b) upon original shipment by Chobani, VIACORDthe Products shall be free from defects in materials and workmanship. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, LLCCHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING PROVIDER AND ITS CONTRACTORSWITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL NOT CHOBANI BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARYPUNITIVE OR EXEMPLARY DAMAGES, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) , FAILURE TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE EVEN IF CHOBANI HAS BEEN ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, AND NOTWITHSTANDING DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE FAILURE OF ANY AGREED USE OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REVVITY’S OR VIACORD’S, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL SUBSEQUENT SALE OF THE AMOUNTS PAID BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVEPRODUCTS, NOW EITHER ALONE OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR COMBINATION WITH OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSPRODUCTS.

Limited Warranty; Limitation of Liability. REVVITY OMICSNS Services represents that it will provide or cause the Services to be provided to NuStar Energy and Holdings with reasonable care and in accordance with all applicable laws, INC.rules, VIACORDand regulations, LLCincluding without limitation those of the Federal Energy Regulatory Commission. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, ALL PRODUCTS OBTAINED FOR A SERVICE RECIPIENT AND THEIR RESPECTIVE AFFILIATESITS AFFILIATES ARE AS IS, DIRECTORSWHERE IS, EMPLOYEESWITH ALL FAULTS AND NS SERVICES MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING PROVIDER WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR A SERVICE RECIPIENT AND ITS CONTRACTORSAFFILIATES. FURTHERMORE, SHALL A SERVICE RECIPIENT AND ITS AFFILIATES MAY NOT BE LIABLE RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO NS SERVICES BY ANY CONSEQUENTIALPARTY PERFORMING SERVICES ON BEHALF OF NS SERVICES HEREUNDER, INDIRECTUNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO SUCH SERVICE RECIPIENT AND ITS AFFILIATES. HOWEVER, INCIDENTALIN THE CASE OF SERVICES PROVIDED BY A THIRD PARTY FOR A SERVICE RECIPIENT AND ITS AFFILIATES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF IF THE POSSIBILITY THIRD PARTY PROVIDER OF SUCH DAMAGESSERVICES MAKES AN EXPRESS WARRANTY TO SUCH SERVICE RECIPIENT AND ITS AFFILIATES, SUCH SERVICE RECIPIENT AND NOTWITHSTANDING ITS AFFILIATES ARE ENTITLED TO CAUSE NS SERVICES TO RELY ON AND TO ENFORCE SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY EACH SERVICE RECIPIENT AND ITS AFFILIATES THAT NS SERVICES SHALL HAVE NO LIABILITY FOR THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT NS SERVICES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE OR OTHER REMEDY INTENTIONAL MISCONDUCT ON THE PART OF NS SERVICES, BUT NS SERVICES SHALL, ON BEHALF OF EACH SERVICE RECIPIENT AND ITS ESSENTIAL PURPOSEAFFILIATES, PURSUE ALL RIGHTS AND REMEDIES UNDER ANY SUCH THIRD PARTY CONTRACT. EACH SERVICE RECIPIENT AND ITS AFFILIATES AGREES THAT THE REMUNERATION PAID TO NS SERVICES HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITY’S NS SERVICES BE LIABLE TO A SERVICE RECIPIENT, ITS AFFILIATES OR VIACORD’SANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR THEIR RESPECTIVE AFFILIATES’CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, DIRECTORS’REGARDLESS OF THE FAULT OF NS SERVICES OR ANY THIRD PARTY PROVIDER OR WHETHER NS SERVICES OR THE THIRD PARTY PROVIDER ARE WHOLLY, EMPLOYEES’CONCURRENTLY, AGENTS’ PARTIALLY, OR SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO NS SERVICES FOR SERVICES UNDER AN OUTSOURCING OR OTHER AGREEMENT, EACH SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S RECIPIENT AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED AFFILIATES AGREE TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING PRODUCT OR SERVICE PROVIDED TO THE SEQUENCING SUCH SERVICE RECIPIENT AND ITS AFFILIATES BY SUCH THIRD PARTY PROVIDER UNDER NS SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONS’ AGREEMENT.

Limited Warranty; Limitation of Liability. REVVITY OMICSTHE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INC.THE LICENSORS FURTHER DISCLAIM ALL WARRANTIES, VIACORDEITHER EXPRESS OR IMPLIED, LLCINCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THEIR RESPECTIVE AFFILIATESNONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, INCLUDING IN NO EVENT SHALL THE ORDERING PROVIDER AND ITS CONTRACTORS, SHALL NOT LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARYPUNITIVE,OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,LOSS OF BUSINESS INFORMATION,LOSS OF DATA OR PUNITIVE DAMAGES WHETHER ARISING OTHER PECUNIARY LOSS)ARISING OUT OF BREACH THIS ELA OR THE USE OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD INABILITY TO USE THE SOFTWARE,EVEN IF THE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND . NOTWITHSTANDING THE FAILURE FOREGOING, TO THE EXTENT THAT NVIDIA MAY BE HELD LEGALLY LIABLE TO YOU BY A COURT OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REVVITY’S OR VIACORD’SCOMPETENT JURISDICTION UNDER CONTRACT, TORT, OR THEIR RESPECTIVE AFFILIATES’ANY OTHER LEGAL THEORY, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, LICENSORS SHALL NOT EXCEED THE TOTAL APPLICABLE PURCHASE PRICE OF THE AMOUNTS PAID BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENTSOFTWARE OR ONE THOUSAND DOLLARS (US$1,000), WHICHEVER IS GREATER. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCTNVIDIA has no obligation to support or provide any updates of the Software. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSYou agree that You are solely responsible for maintaining appropriate data backups and system restore points for Target Systems.

Limited Warranty; Limitation of Liability. REVVITY OMICSVCSC represents that it will provide or cause the services to be provided to the Partnership Parties with reasonable care and in accordance with all applicable laws, INC.rules, VIACORDand regulations, LLCincluding without limitation those of the Federal Energy Regulatory Commission. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE AND IN SECTION 1.1 (d), ALL PRODUCTS OBTAINED FOR THE PARTNERSHIP PARTIES ARE AS IS, WHERE IS, WITH ALL FAULTS AND THEIR RESPECTIVE AFFILIATESVCSC MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR THE PARTNERSHIP PARTIES. FURTHERMORE, THE PARTNERSHIP PARTIES MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO VCSC BY ANY PARTY (INCLUDING, AN AFFILIATE OF VCSC) PERFORMING SERVICES ON BEHALF OF VCSC HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO XXXXXX XX OR THE PARTNERSHIP PARTIES. HOWEVER, IN THE CASE OF SERVICES PROVIDED BY A THIRD PARTY FOR THE PARTNERSHIP PARTIES, IF THE THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO ANY OF THE PARTNERSHIP PARTIES, THE PARTNERSHIP PARTIES ARE ENTITLED TO CAUSE VCSC TO RELY ON AND TO ENFORCE SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY THE PARTNERSHIP PARTIES THAT VCSC AND ITS CONTRACTORS, AFFILIATES SHALL NOT BE LIABLE HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT VCSC AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE OR OTHER REMEDY INTENTIONAL MISCONDUCT ON THE PART OF VCSC OR ITS ESSENTIAL PURPOSEAFFILIATES BUT VCSC SHALL, ON BEHALF OF THE PARTNERSHIP PARTIES, PURSUE ALL RIGHTS AND REMEDIES UNDER ANY SUCH THIRD PARTY CONTRACT. THE PARTNERSHIP PARTIES AGREE THAT THE REMUNERATION PAID TO VCSC HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITY’S VCSC BE LIABLE TO THE PARTNERSHIP PARTIES OR VIACORD’SANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR THEIR RESPECTIVE AFFILIATES’CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, DIRECTORS’REGARDLESS OF THE FAULT OF VCSC, EMPLOYEES’ANY VCSC AFFILIATE, AGENTS’ OR SERVICE PROVIDERS’ANY THIRD PARTY PROVIDER OR WHETHER VCSC, INCLUDING ANY VCSC AFFILIATE, OR THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF THIRD PARTY PROVIDER ARE WHOLLY, CONCURRENTLY, PARTIALLY, OR RELATED SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO VCSC OR ITS AFFILIATE FOR SERVICES PROVIDED PURSUANT UNDER AN OUTSOURCING OR OTHER AGREEMENT, THE PARTNERSHIP PARTIES AGREE TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING PRODUCT OR SERVICE PROVIDED TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE PARTNERSHIP PARTIES BY SUCH THIRD PARTY PROVIDER UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS VCSC’S OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSSUCH AFFILIATE’S AGREEMENT.

Limited Warranty; Limitation of Liability. REVVITY OMICS14.1. Bermad will endeavor to have the Service operate properly. However, INCas a service that relies on back-end software, infrastructure, servers, third party networks and continuous internet connectivity, it cannot guarantee that the Service will operate in an uninterrupted or error-free manner, or that it will always be available, free from errors, omissions or malfunctions. If Bermad becomes aware of any failure or malfunction, it shall attempt to regain the Service’s availability as soon as practicable. However, such incidents will not be considered a breach of this Agreement. 14.2. BERMAD WARRANTS THAT IT WILL USE SKILL AND EFFORTS SO THE SERVICE WILL OPERATE AND FUNCTION SUBSTANTIALLY IN CONFORMANCE TO THE DESCRIPTIONS PROVIDED IN THE SERVICE’S TECHNICAL DOCUMENTATION THAT BERMAD MAKES AVAILABLE TO THE CUSTOMER, VIACORDPROVIDED HOWEVER THAT BERMAD DO NOT GUARANTEE, LLCMAKE NO REPRESENTATION, AND THEIR RESPECTIVE AFFILIATESPROVIDE NO WARRANTY ABOUT THE RELIABILITY, EFFECTIVENESS, ACCURACY OR COMPLETENESS OF THE SERVICE OR THE OUTPUT DATA, OR ANY OTHER OPERATIONAL OR BUSINESS BENEFITS FROM UTILIZING THE SERVICE OR THE OUTPUT DATA. CUSTOMER’S SOLE REMEDY, AND BERMAD’S SOLE LIABILITY, IN THE EVENT OF A BREACH OF THE AFOREMENTIONED WARRANTY IS BERMAD’S REPAIR OF THE SERVICE TO MAKE IT SUBSTANTIALY CONFORM TO THE TECHNICAL DOCUMENTATION. BERMAD HEREBY DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND THE OUTPUT DATA, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, NON-INFRINGEMENT, TITLE, SECURITY, COMPATIBILITY OR PERFORMANCE, OR BUSINESS OR AGRICULTURAL RESULTS OR BENEFITS. 14.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT IN THE EVENT OF INTENTIONAL MISCONDUCT OR BREACH OF BERMAD’S CONFIDENTIALITY OBLIGATIONS, BERMAD, INCLUDING ITS EMPLOYEES, DIRECTORS, EMPLOYEESOFFICERS, AGENTS SHAREHOLDERS, ADVISORS, AND SERVICE PROVIDERSANYONE ACTING ON ITS BEHALF, INCLUDING THE ORDERING PROVIDER AND ITS CONTRACTORS, SHALL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARYSTATUTORY OR PUNITIVE DAMAGES, LOSSES (INCLUDING LOSS OF PROFIT, LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR PUNITIVE DAMAGES WHETHER ARISING OUT IN ANY OTHER FORM OR THEORY OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE) ), ARISING FROM, OR OTHERWISEIN CONNECTION, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER WITH THIS AGREEMENT, ANY USE OF, OR NOT REVVITY THE INABILITY TO USE THE SERVICE, THE OUTPUT DATA, ANY RELIANCE UPON THE OUTPUT DATA OR VIACORD HAVE BEEN ADVISED ANY ERROR, INCOMPLETENESS, INCORRECTNESS OR INACCURACY OF THE POSSIBILITY SERVICE OR THE OUTPUT DATA. 14.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT IN THE EVENT OF SUCH DAMAGESINTENTIONAL MISCONDUCT, OR BREACH OF CONFIDENTIALITY OBLIGATIONS, THE TOTAL AND AGGREGATE LIABILITY OF BERMAD (INCLUDING ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, ADVISORS, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ANYONE ACTING ON ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REVVITY’S OR VIACORD’SBEHALF), OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES PROVIDED PURSUANT SERVICE OR THE OUTPUT DATA, SHALL BE LIMITED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS FEES ACTUALLY PAID BY CUSTOMER PURSUANT TO THIS BERMAD FOR THE SERVICE AGREEMENT. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING PRECEDING 12 MONTHS PRIOR TO THE SEQUENCING SERVICES, OTHER THAN EVENT PURPORTEDLY GIVING RISE TO THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSCLAIM OCCURRED.

Limited Warranty; Limitation of Liability. REVVITY OMICSVxxxxx XX represents that it will provide or cause the services to be provided to Holdings with reasonable care and in accordance with all applicable laws, INC.rules, VIACORDand regulations, LLCincluding without limitation those of the Federal Energy Regulatory Commission. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE AND IN SECTION 2.1(d), ALL PRODUCTS OBTAINED FOR HOLDINGS ARE AS IS, WHERE IS, WITH ALL FAULTS AND THEIR RESPECTIVE AFFILIATESVXXXXX XX MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR HOLDINGS. FURTHERMORE, HOLDINGS MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO VXXXXX XX BY ANY PARTY (INCLUDING, AN AFFILIATE OR DESIGNEE OF VXXXXX XX) PERFORMING SERVICES ON BEHALF OF VXXXXX XX HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO HOLDINGS. HOWEVER, IN THE CASE OF SERVICES PROVIDED BY A THIRD PARTY FOR HOLDINGS, IF THE THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO HOLDINGS, HOLDINGS IS ENTITLED TO CAUSE VXXXXX XX TO RELY ON AND TO ENFORCE SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY HOLDINGS THAT VXXXXX XX AND ITS CONTRACTORS, AFFILIATES AND DESIGNEES SHALL NOT BE LIABLE HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT VXXXXX XX AND ITS AFFILIATES AND DESIGNEES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE OR OTHER REMEDY INTENTIONAL MISCONDUCT ON THE PART OF VXXXXX XX OR ITS ESSENTIAL PURPOSEAFFILIATES OR DESIGNEES BUT VXXXXX XX SHALL, ON BEHALF OF HOLDINGS, PURSUE ALL RIGHTS AND REMEDIES UNDER ANY SUCH THIRD PARTY CONTRACT. HOLDINGS AGREES THAT THE REMUNERATION PAID TO VXXXXX XX HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITY’S VXXXXX XX BE LIABLE TO HOLDINGS OR VIACORD’SANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR THEIR RESPECTIVE AFFILIATES’CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, DIRECTORS’REGARDLESS OF THE FAULT OF VXXXXX XX, EMPLOYEES’ANY VXXXXX XX AFFILIATE OR DESIGNEE, AGENTS’ OR SERVICE PROVIDERS’ANY THIRD PARTY PROVIDER OR WHETHER VXXXXX XX, INCLUDING ANY VXXXXX XX AFFILIATE OR DESIGNEE, OR THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF THIRD PARTY PROVIDER ARE WHOLLY, CONCURRENTLY, PARTIALLY, OR RELATED SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO VXXXXX XX OR ITS AFFILIATE OR DESIGNEE FOR SERVICES PROVIDED PURSUANT UNDER AN OUTSOURCING OR OTHER AGREEMENT, HOLDINGS AGREES TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING PRODUCT OR SERVICE PROVIDED TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE HOLDINGS BY SUCH THIRD PARTY PROVIDER UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS VALERO GP’S OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSSUCH AFFILIATE’S OR DESIGNEE’S AGREEMENT.

Limited Warranty; Limitation of Liability. REVVITY OMICSXxxxxx XX represents that it will provide or cause the services to be provided to Holdings with reasonable care and in accordance with all applicable laws, INC.rules, VIACORDand regulations, LLCincluding without limitation those of the Federal Energy Regulatory Commission. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE AND IN SECTION 2.1 (d), ALL PRODUCTS OBTAINED FOR HOLDINGS ARE AS IS, WHERE IS, WITH ALL FAULTS AND THEIR RESPECTIVE AFFILIATESXXXXXX XX MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR HOLDINGS. FURTHERMORE, HOLDINGS MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO XXXXXX XX BY ANY PARTY (INCLUDING, AN AFFILIATE OR DESIGNEE OF XXXXXX XX) PERFORMING SERVICES ON BEHALF OF XXXXXX XX HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO HOLDINGS. HOWEVER, IN THE CASE OF SERVICES PROVIDED BY A THIRD PARTY FOR HOLDINGS, IF THE THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO HOLDINGS, HOLDINGS IS ENTITLED TO CAUSE XXXXXX XX TO RELY ON AND TO ENFORCE SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY HOLDINGS THAT XXXXXX XX AND ITS CONTRACTORS, AFFILIATES AND DESIGNEES SHALL NOT BE LIABLE HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT XXXXXX XX AND ITS AFFILIATES AND DESIGNEES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE OR OTHER REMEDY INTENTIONAL MISCONDUCT ON THE PART OF XXXXXX XX OR ITS ESSENTIAL PURPOSEAFFILIATES OR DESIGNEES BUT XXXXXX XX SHALL, ON BEHALF OF HOLDINGS, PURSUE ALL RIGHTS AND REMEDIES UNDER ANY SUCH THIRD PARTY CONTRACT. HOLDINGS AGREES THAT THE REMUNERATION PAID TO XXXXXX XX HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITY’S XXXXXX XX BE LIABLE TO HOLDINGS OR VIACORD’SANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR THEIR RESPECTIVE AFFILIATES’CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, DIRECTORS’REGARDLESS OF THE FAULT OF XXXXXX XX, EMPLOYEES’ANY XXXXXX XX AFFILIATE OR DESIGNEE, AGENTS’ OR SERVICE PROVIDERS’ANY THIRD PARTY PROVIDER OR WHETHER XXXXXX XX, INCLUDING ANY XXXXXX XX AFFILIATE OR DESIGNEE, OR THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF THIRD PARTY PROVIDER ARE WHOLLY, CONCURRENTLY, PARTIALLY, OR RELATED SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO XXXXXX XX OR ITS AFFILIATE OR DESIGNEE FOR SERVICES PROVIDED PURSUANT UNDER AN OUTSOURCING OR OTHER AGREEMENT, HOLDINGS AGREES TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING PRODUCT OR SERVICE PROVIDED TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE HOLDINGS BY SUCH THIRD PARTY PROVIDER UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS VALERO GP’S OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSSUCH AFFILIATE’S OR DESIGNEE’S AGREEMENT.

Limited Warranty; Limitation of Liability. REVVITY OMICSVCSC represents that it will provide or cause the services to be provided to the Partnership Parties with reasonable care and in accordance with all applicable laws, INC.rules, VIACORDand regulations, LLCincluding without limitation those of the Federal Energy Regulatory Commission. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE AND IN SECTION 1.1(d), ALL PRODUCTS OBTAINED FOR THE PARTNERSHIP PARTIES ARE AS IS, WHERE IS, WITH ALL FAULTS AND THEIR RESPECTIVE AFFILIATESVCSC MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR THE PARTNERSHIP PARTIES. FURTHERMORE, THE PARTNERSHIP PARTIES MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO VCSC BY ANY PARTY (INCLUDING, AN AFFILIATE OF VCSC) PERFORMING SERVICES ON BEHALF OF VCSC HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO VXXXXX XX OR THE PARTNERSHIP PARTIES. HOWEVER, IN THE CASE OF SERVICES PROVIDED BY A THIRD PARTY FOR THE PARTNERSHIP PARTIES, IF THE THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO ANY OF THE PARTNERSHIP PARTIES, THE PARTNERSHIP PARTIES ARE ENTITLED TO CAUSE VCSC TO RELY ON AND TO ENFORCE SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY THE PARTNERSHIP PARTIES THAT VCSC AND ITS CONTRACTORS, AFFILIATES SHALL NOT BE LIABLE HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT VCSC AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE OR OTHER REMEDY INTENTIONAL MISCONDUCT ON THE PART OF VCSC OR ITS ESSENTIAL PURPOSEAFFILIATES BUT VCSC SHALL, ON BEHALF OF THE PARTNERSHIP PARTIES, PURSUE ALL RIGHTS AND REMEDIES UNDER ANY SUCH THIRD PARTY CONTRACT. THE PARTNERSHIP PARTIES AGREE THAT THE REMUNERATION PAID TO VCSC HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITY’S VCSC BE LIABLE TO THE PARTNERSHIP PARTIES OR VIACORD’SANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR THEIR RESPECTIVE AFFILIATES’CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, DIRECTORS’REGARDLESS OF THE FAULT OF VCSC, EMPLOYEES’ANY VCSC AFFILIATE, AGENTS’ OR SERVICE PROVIDERS’ANY THIRD PARTY PROVIDER OR WHETHER VCSC, INCLUDING ANY VCSC AFFILIATE, OR THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF THIRD PARTY PROVIDER ARE WHOLLY, CONCURRENTLY, PARTIALLY, OR RELATED SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO VCSC OR ITS AFFILIATE FOR SERVICES PROVIDED PURSUANT UNDER AN OUTSOURCING OR OTHER AGREEMENT, THE PARTNERSHIP PARTIES AGREE TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING PRODUCT OR SERVICE PROVIDED TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE PARTNERSHIP PARTIES BY SUCH THIRD PARTY PROVIDER UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS VCSC’S OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSSUCH AFFILIATE’S AGREEMENT.

Limited Warranty; Limitation of Liability. REVVITY OMICS(a) MTL Supplier warrants the Products in accordance with the terms of the MTL Group’s Limited Warranty in the form attached herewith and/or any other specific warranty pertaining to a specific product and/or group of products as issued and/or published by the MTL Group (“Warranty”). The MTL Group reserves the right to amend, INCchange or otherwise modify, from time to time, the terms and conditions of the Warranty at its sole discretion from time to time. Customer shall ensure that all Products it sells, directly or through dealers, are provided with the Warranty. It is hereby clarified that Customer shall have no authority to amend, change or otherwise modify the Warranty in any way. (b) THE MTL GROUP EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND, VIACORDEXPRESS OR IMPLIED, LLCINCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS OF PURPOSE. THE MTL GROUP (INCLUDING ITS AFFILIATES AND THEIR RESPECTIVE AFFILIATESOFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, INCLUDING THE ORDERING PROVIDER AND ITS CONTRACTORS, REPRESENTATIVES) SHALL NOT IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIALSPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER OR FOR LOSS, DAMAGE OR EXPENSE, INCURRED BY CUSTOMER AND/OR DEALERS AND/OR END-USER CUSTOMERS FOR ANY REASON WHATSOEVER INCLUDING LOSS OF USE, PROFITS, REVENUE, OR GOODWILL, DIRECTLY OR INDIRECTLY ARISING OUT FROM USE OR INABILITY TO SELL OR USE THE PRODUCTS, OR FOR LOSS OR DESTRUCTION OF BREACH OF CONTRACTOTHER PROPERTY OR FROM ANY OTHER CAUSE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE EVEN IF THE MTL GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. MTL GROUP'S LIABILITY SHALL IN NO EVENT SHALL REVVITY’S OR VIACORD’S, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED EXCEED AN AMOUNT EQUIVALENT TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PURCHASE PRICE PAID BY THE CUSTOMER PURSUANT TO THIS SERVICE AGREEMENTFOR A PRODUCT. (c) The Customer shall be solely responsible for the quality of any installation and/or after-sales service that it provides, directly or through dealers. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVEThe Customer shall hold the MTL Group (including its affiliates and their respective officers, NOW OR IN THE FUTUREdirectors, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITYemployees, VIACORDagents and representatives) harmless and to indemnify them for any and all claims, THE ORDERING PROVIDERliability, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORSloss, EMPLOYEESdamage and expense, CONTRACTORSincluding reasonable attorney's fees, OR AGENTS FOR ANY REASON RELATING TO THE SEQUENCING SERVICESarising from or related to the installation and or any after sales service performed by it or its dealers in connection with the Products, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSor for the provision of any other service.

Limited Warranty; Limitation of Liability. REVVITY OMICS(a) VCSC represents that it will provide or cause the Administrative Services to be provided to the Partnership Parties with reasonable care and in accordance with all applicable laws, INC.rules, VIACORDand regulations, LLCincluding without limitation those of the Federal Energy Regulatory Commission. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE AND IN SECTION 1.1 (d), ALL PRODUCTS OBTAINED FOR THE PARTNERSHIP PARTIES ARE AS IS, WHERE IS, WITH ALL FAULTS AND THEIR RESPECTIVE AFFILIATESVCSC MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR THE PARTNERSHIP PARTIES. FURTHERMORE, THE PARTNERSHIP PARTIES MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO VCSC BY ANY PARTY (INCLUDING, AN AFFILIATE OF VCSC) PERFORMING SERVICES ON BEHALF OF VCSC HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO XXXXXX XX OR THE PARTNERSHIP PARTIES. HOWEVER, IN THE CASE OF SERVICES PROVIDED BY A THIRD PARTY FOR THE PARTNERSHIP PARTIES, IF THE THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO ANY OF THE PARTNERSHIP PARTIES, THE PARTNERSHIP PARTIES ARE ENTITLED TO CAUSE VCSC TO RELY ON AND TO ENFORCE SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY THE PARTNERSHIP PARTIES THAT VCSC AND ITS CONTRACTORS, AFFILIATES SHALL NOT BE LIABLE HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT VCSC AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE OR OTHER REMEDY INTENTIONAL MISCONDUCT ON THE PART OF VCSC OR ITS ESSENTIAL PURPOSEAFFILIATES BUT VCSC SHALL, ON BEHALF OF THE PARTNERSHIP PARTIES, PURSUE ALL RIGHTS AND REMEDIES UNDER ANY SUCH THIRD PARTY CONTRACT. THE PARTNERSHIP PARTIES AGREE THAT THE REMUNERATION PAID TO VCSC HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITYVCSC BE LIABLE TO THE PARTNERSHIP PARTIES OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, REGARDLESS OF THE FAULT OF VCSC, ANY VCSC AFFILIATE, OR ANY THIRD PARTY PROVIDER OR WHETHER VCSC, ANY VCSC AFFILIATE, OR THE THIRD PARTY PROVIDER ARE WHOLLY, CONCURRENTLY, PARTIALLY, OR SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO VCSC OR ITS AFFILIATE FOR SERVICES UNDER AN OUTSOURCING OR OTHER AGREEMENT, THE PARTNERSHIP PARTIES AGREE TO BE BOUND BY SUCH LIMITATION OF LIABILITY FOR ANY PRODUCT OR SERVICE PROVIDED TO THE PARTNERSHIP PARTIES BY SUCH THIRD PARTY PROVIDER UNDER VCSC’S OR VIACORD’SSUCH AFFILIATE’S AGREEMENT. (b) The Partnership Parties represent that they will provide or cause the Operational Services to be provided to VCSC and its Affiliates with reasonable care and in accordance with all applicable laws, rules, and regulations, including without limitation those of the Federal Energy Regulatory Commission. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE AND IN SECTION 1.3 (a), ALL PRODUCTS OBTAINED FOR VCSC AND ITS AFFILIATES ARE AS IS, WHERE IS, WITH ALL FAULTS AND THE PARTNERSHIP PARTIES MAKE NO (AND HEREBY DISCLAIM AND NEGATE ANY AND ALL) REPRESENTATIONS AND WARRANTIES, EXPRESS OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’IMPLIED, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT WARRANTIES OF MERCHANTABILITY OR RELATED FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PROVIDED PURSUANT RENDERED OR PRODUCTS OBTAINED FOR VCSC AND ITS AFFILIATES. FURTHERMORE, NEITHER VCSC NOR ITS AFFILIATES MAY RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL PARTNERSHIP PARTIES BY ANY PARTY PERFORMING SERVICES ON BEHALF OF THE AMOUNTS PAID BY CUSTOMER PURSUANT PARTNERSHIP PARTIES HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO THIS SERVICE AGREEMENTVCSC OR ITS AFFILIATES. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVEHOWEVER, NOW OR IN THE FUTURE, TO SUE CASE OF SERVICES PROVIDED BY A THIRD PARTY FORVCSC OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBITITS AFFILIATES, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO ANY OF VCSC OR THE PARTNERSHIP PARTIES, VCSC IS ENTITLED TO CAUSE THE PARTNERSHIP PARTIES TO RELY ON AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSTO ENFORCE SUCH WARRANTY.

Limited Warranty; Limitation of Liability. REVVITY OMICSThe Managing General Partner represents that it will provide or cause the Services to be provided to NSSI with reasonable diligence. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, INC.ALL PRODUCTS OBTAINED FOR NSSI ARE TO BE OBTAINED AS IS, VIACORDWHERE IS, LLCWITH ALL FAULTS. THE MANAGING GENERAL PARTNER MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING PROVIDER AND ITS CONTRACTORSWARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR NSSI. FURTHERMORE, SHALL NSSI MAY NOT BE LIABLE RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO THE MANAGING GENERAL PARTNER BY ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED PARTY PERFORMING SERVICES ON BEHALF OF THE POSSIBILITY OF MANAGING GENERAL PARTNER OR ITS AFFILIATES HEREUNDER, UNLESS SUCH DAMAGES, PARTY MAKES AN EXPRESS WARRANTY TO NSSI. IT IS EXPRESSLY UNDERSTOOD BY NSSI AND NOTWITHSTANDING NSSI AGREES THAT THE MANAGING GENERAL PARTNER SHALL HAVE NO LIABILITY FOR THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT THE MANAGING GENERAL PARTNER SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY THEM UNLESS SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE ON THE PART OF THE MANAGING GENERAL PARTNER OR OTHER REMEDY INTENTIONAL MISCONDUCT. NSSI AGREES THAT THE REMUNERATION PAID TO THE MANAGING GENERAL PARTNER HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF ITS ESSENTIAL PURPOSELIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITY’S THE MANAGING GENERAL PARTNER BE LIABLE TO NSSI OR VIACORD’SANY OTHER PERSON FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, REGARDLESS OF THE FAULT OF THE MANAGING GENERAL PARTNER, OR THEIR RESPECTIVE AFFILIATES’ANY THIRD PARTY PROVIDER OR WHETHER THE MANAGING GENERAL PARTNER OR THE THIRD PARTY PROVIDER ARE WHOLLY, DIRECTORS’CONCURRENTLY, EMPLOYEES’PARTIALLY, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO THE MANAGING GENERAL PARTNER FOR SERVICES PROVIDED PURSUANT UNDER AN OUTSOURCING OR OTHER AGREEMENT, NSSI AGREES TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING PRODUCT OR SERVICE PROVIDED TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE NSSI BY SUCH THIRD PARTY PROVIDER UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSMANAGING GENERAL PARTNER'S AGREEMENT.

Limited Warranty; Limitation of Liability. REVVITY OMICSKhaos Technology warrants only to You that the Software shall perform substantially in accordance with accompanying documentation under normal use for a period of thirty (30) days from the purchase date. The entire and exclusive liability and remedy for breach of this Limited Warranty shall be, INC.at Khaos Technology's option, VIACORDeither (i) return of the list price of the Software, LLCor (ii) replacement of defective Software and/or documentation provided the Software and/or documentation is returned to Khaos Technology with a copy of your purchase confirmation. EXCEPT FOR THE LIMITED EXPRESS WARRANTY PROVIDED ABOVE, NEITHER KHAOS TECHNOLOGY NOR ANY OF ITS SUPPLIERS OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, INCLUDING THE ORDERING PROVIDER KHAOS TECHNOLOGY AND ITS CONTRACTORS, SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REVVITY’S OR VIACORD’S, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WARTITLE, NON-TEMPORARY POWER FAILURESINFRINGEMENT, EPIDEMICMERCHANTABILITY, PANDEMICFITNESS FOR A PARTICULAR PURPOSE, TERRORIST ATTACKSSYSTEM INTEGRATION, AND GOVERNMENT REGULATIONSDATA ACCURACY. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORISED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. No action for the above Limited Warranty may be commenced after one (1) year following the expiration date of the warranty.

Limited Warranty; Limitation of Liability. REVVITY OMICSDiamond represents that it will provide or cause the Services to be provided to the Entities with reasonable care and in accordance with all applicable laws, INC.rules, VIACORDand regulations, LLCincluding without limitation those of the Federal Energy Regulatory Commission. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE AND IN SECTION 3, ALL PRODUCTS OBTAINED FOR THE ENTITIES ARE AS IS, WHERE IS, WITH ALL FAULTS. DIAMOND MAKES NO (AND THEIR RESPECTIVE AFFILIATESHEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR THE ENTITIES. FURTHERMORE, THE ENTITIES MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO DIAMOND BY ANY PARTY (INCLUDING, AN AFFILIATE OF DIAMOND) PERFORMING SERVICES ON BEHALF ON DIAMOND HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO THE GENERAL PARTNER OR THE PARTNERSHIP ENTITIES. HOWEVER, IN THE CASE OF OUTSOURCED SERVICES PROVIDED SOLELY FOR THE ENTITIES, IF THE THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY, THE ENTITIES ARE ENTITLED TO CAUSE DIAMOND TO RELY ON SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY THE ENTITIES THAT DIAMOND AND ITS CONTRACTORS, AFFILIATES SHALL NOT BE LIABLE HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT DIAMOND AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY UNLESS SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE OR OTHER REMEDY INTENTIONAL MISCONDUCT ON THE PART OF DSRMC OR ITS ESSENTIAL PURPOSEAFFILIATES. THE ENTITIES AGREE THAT THE REMUNERATION PAID TO DIAMOND HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITY’S DIAMOND BE LIABLE TO THE ENTITIES OR VIACORD’SANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR THEIR RESPECTIVE AFFILIATES’CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, DIRECTORS’REGARDLESS OF THE FAULT OF DIAMOND, EMPLOYEES’ANY DIAMOND AFFILIATE, AGENTS’ OR SERVICE PROVIDERS’ANY THIRD PARTY PROVIDER OR WHETHER DIAMOND, INCLUDING ANY DIAMOND AFFILIATE, OR THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF THIRD PARTY PROVIDER ARE WHOLLY, CONCURRENTLY, PARTIALLY, OR RELATED SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO DIAMOND OR ITS AFFILIATE FOR SERVICES PROVIDED PURSUANT UNDER AN OUTSOURCING OR OTHER AGREEMENT, THE ENTITIES AGREE TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING PRODUCT OR SERVICE PROVIDED TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE ENTITIES BY SUCH THIRD PARTY PROVIDER UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS DIAMOND'S OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSSUCH AFFILIATE'S AGREEMENT.

Limited Warranty; Limitation of Liability. REVVITY OMICSBASIS REPRESENTS THAT IT WILL PROVIDE OR CAUSE THE SERVICES TO BE PROVIDED TO THE GENERAL PARTNER AND THE PARTNERSHIP ENTITIES WITH REASONABLE DILIGENCE. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, INC.ALL PRODUCTS OBTAINED FOR THE GENERAL PARTNER OR THE PARTNERSHIP ENTITIES ARE AS IS, VIACORDWHERE IS, LLCWITH ALL FAULTS. BASIS AND ITS AFFILIATES MAKE NO (AND HEREBY DISCLAIM AND NEGATE ANY AND ALL) REPRESENTATIONS AND WARRANTIES, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR THE GENERAL PARTNER OR THE PARTNERSHIP ENTITIES. FURTHERMORE, NONE OF THE GENERAL PARTNER OR THE PARTNERSHIP ENTITIES MAY RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO BASIS OR ITS AFFILIATES BY ANY PARTY (INCLUDING, AN AFFILIATE OF BASIS) PERFORMING SERVICES ON BEHALF ON BASIS OR ITS AFFILIATES HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO THE GENERAL PARTNER, GENESIS MLP OR GENESIS OLP. HOWEVER, IN THE CASE OF OUTSOURCED SERVICES PROVIDED SOLELY FOR THE PARTNERSHIP ENTITIES, IF THE THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO BASIS, THE GENERAL PARTNER AND THE PARTNERSHIP ENTITIES ARE ALSO ENTITLED TO RELY ON SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY GENESIS MLP AND GENESIS OLP AND GENESIS MLP AND GENESIS OLP AGREE THAT BASIS AND ITS CONTRACTORS, AFFILIATES SHALL NOT BE LIABLE HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT BASIS AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY THEM UNLESS SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE ON THE PART OF BASIS OR OTHER REMEDY ITS AFFILIATES OR WILLFUL OR INTENTIONAL MISCONDUCT. GENESIS MLP AND GENESIS OLP AGREE THAT THE REMUNERATION PAID TO BASIS OR AN AFFILIATE HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF ITS ESSENTIAL PURPOSELIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITY’S BASIS OR VIACORD’SITS AFFILIATES BE LIABLE TO THE GENERAL PARTNER, THE PARTNERSHIP ENTITIES OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, REGARDLESS OF THE FAULT OF BASIS, ANY BASIS AFFILIATE OR ANY THIRD PARTY PROVIDER OR WHETHER BASIS, ANY BASIS AFFILIATE OR THE THIRD PARTY PROVIDER ARE WHOLLY, CONCURRENTLY, PARTIALLY, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO BASIS OR ITS AFFILIATE FOR SERVICES PROVIDED PURSUANT UNDER AN OUTSOURCING OR OTHER AGREEMENT, GENESIS MLP AND GENESIS OLP AGREE TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BE BOUND BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED SUCH LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING PRODUCT OR SERVICE PROVIDED TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE GENERAL PARTNER OR ANY PARTNERSHIP ENTITY BY SUCH THIRD PARTY PROVIDER UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS BASIS'S OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSSUCH AFFILIATE'S AGREEMENT.

Limited Warranty; Limitation of Liability. REVVITY OMICS(a) For Services. CF INDUSTRIES REPRESENTS THAT THE SERVICES PROVIDED HEREUNDER SHALL BE PROVIDED WITH REASONABLE DILIGENCE. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, INC.CF INDUSTRIES MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTIONS AND WARRANTIES, VIACORD, LLC, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING PROVIDER AND ITS CONTRACTORSWARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED HEREUNDER. FURTHERMORE, SHALL NOT BE LIABLE FOR NO PARTY HERETO MAY RELY UPON ANY CONSEQUENTIALREPRESENTATION OR WARRANTY, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, EXPRESS OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REVVITY’S OR VIACORD’S, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’IMPLIED, INCLUDING THE ORDERING PROVIDER’S WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO CF INDUSTRIES BY ANY PARTY PERFORMING SERVICES ON BEHALF OF CF INDUSTRIES OR ITS AFFILIATES HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WRITTEN WARRANTY TO THE GENERAL PARTNER. THE GENERAL PARTNER AGREES THAT THE REMUNERATION TO BE PAID TO CF INDUSTRIES AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO AFFILIATES HEREUNDER FOR THE SERVICES PROVIDED PURSUANT TO THESE TERMS BE PERFORMED REFLECT THIS DISCLAIMER OF WARRANTIES AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED LIMITATION OF LIABILITY SET FORTH BELOW. (b) For Products. THE PARTNERSHIP REPRESENTS THAT THE PRODUCT PROVIDED HEREUNDER SHALL NOT APPLY (I) CONFORM TO DEATH SUPPLIER’S PRODUCT SPECIFICATION SHEETS IN EFFECT AT THE TIME OF SALE, (II) BE DELIVERED FREE AND CLEAR OF ALL LIENS, CLAIMS, SECURITY INTERESTS, ENCUMBRANCES OR PERSONAL INJURY RESULTING FROM REVVITY OTHER AGREEMENTS THAT CREATE AN INTEREST IN OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCTENCUMBRANCE ON THE PRODUCT BY ANY THIRD PARTY AND (III) COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND ORDINANCES APPLICABLE TO THE MANUFACTURE, SALE AND TRANSPORTATION OF PRODUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR EXCEPT AS SET FORTH IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORDIMMEDIATELY PRECEDING SENTENCE, THE ORDERING PROVIDERPARTNERHIP MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTIONS AND WARRANTIES, EXPRESS OR THEIR AFFILIATES IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FITNESS FOR ANY REASON RELATING A PARTICULAR PURPOSE WITH RESPECT TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSPRODUCTS SOLD HEREUNDER.

Limited Warranty; Limitation of Liability. REVVITY OMICS, INC., VIACORD, LLC, SUBSCRIBER AGREES AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS ACKNOWLEDGES THAT THERE IS NO WARRANTY WITH REGARD TO ANY INFORMATION OBTAINED BY Criminal 411 FROM THE ORIGINAL INFORMATION SOURCES AND SERVICE PROVIDERS, INCLUDING THAT Criminal 411’S ONLY OBLIGATION RELATED TO THE ORDERING PROVIDER SERVICES IS THAT ANY INFORMATION OBTAINED FROM SUCH ORIGINAL SOURCES WILL BE ACCURATELY REPORTED TO SUBSCRIBER. IT IS AGREED AND ITS CONTRACTORS, UNDERSTOOD BY THE PARTIES THAT Criminal 411 SHALL NOT BE LIABLE TO SUBSCRIBER WITH RESPECT TO THE SERVICES AND/OR INFORMATION PROVIDED TO SUBSCRIBER PURSUANT TO SUCH SERVICE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY INCLUDING CLAIMS BROUGHT PURSUANT TO THE FCRA. ADDITIONALLY, CRIMINAL 411’S INDIVIDUAL OFFICERS, EMPLOYEES, AGENTS, AND/OR CONTRACTORS SHALL NOT BE HELD INDIVIDUALLY LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF ACTION REGARDING THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSESERVICES PROVIDED BY CRIMINAL 411. IN NO EVENT SHALL REVVITYANY EVENT, IT IS AGREED THAT SUBSCRIBER’S OR VIACORD’S, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF REMEDY WITH REGARD TO ANY CLAIM BASED UPON THIS AGREEMENT OR RELATED TO THE PROVISION OF SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONSSUBSCRIBER SHALL BE LIMITED TO THE AMOUNT PAID TO Criminal 411 FOR SUCH SERVICES BY SUBSCRIBER. EXCEPT AS SET FORTH HEREIN, NO OTHER WARRANTIES, WHETHER ARISING OUT EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF OR RELATED TO BREACH MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE ARE MADE BY Criminal 411. SUBSCRIBER FURTHER AGREES THAT IT WILL PROMPTLY NOTIFY CRIMINAL 411 OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED ANY CONSUMER DISPUTE THAT ARISES IN CONNECTION WITH THE TOTAL USE OF THE AMOUNTS PAID BY CUSTOMER PURSUANT TO THIS SERVICE SERVICES IN A MANNER CONSISTENT WITH THE AGREEMENT. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONS.

Limited Warranty; Limitation of Liability. REVVITY OMICSALL PRODUCTS OBTAINED FOR THE COMPANY ARE AS IS, INC.WHERE IS, VIACORDWITH ALL FAULTS. SUBJECT TO THE MANAGER'S AND ITS AFFILIATES RESPONSIBILITIES SET FORTH IN SECTION 2.4 HEREOF, LLCTHE MANAGER AND ITS AFFILIATES MAKE NO (AND HEREBY DISCLAIM AND NEGATE ANY AND ALL) REPRESENTATIONS AND WARRANTIES, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING PROVIDER WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED TO OR PRODUCTS OBTAINED FOR THE COMPANY. FURTHERMORE, THE COMPANY MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO THE MANAGER OR ITS AFFILIATES BY ANY PARTY (INCLUDING AN AFFILIATE OF THE MANAGER) PERFORMING SERVICES ON BEHALF OF THE MANAGER OR ITS AFFILIATES HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WRITTEN WARRANTY TO THE COMPANY. IT IS EXPRESSLY UNDERSTOOD BY THE COMPANY AND THE COMPANY AGREES THAT THE MANAGER AND ITS CONTRACTORS, AFFILIATES SHALL NOT BE LIABLE HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THIRD- PARTY PROVIDERS TO PERFORM ANY AGREED SERVICES HEREUNDER AND FURTHER THAT THE MANAGER AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY SUCH THIRD-PARTY PROVIDERS UNLESS SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE ON THE PART OF THE MANAGER OR OTHER REMEDY ITS AFFILIATES OR INTENTIONAL MISCONDUCT. THE COMPANY AGREES THAT THE REMUNERATION TO BE PAID TO THE MANAGER OR AN AFFILIATE HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECTS THIS LIMITATION OF ITS ESSENTIAL PURPOSELIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL REVVITY’S THE MANAGER OR VIACORD’S, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED AFFILIATES BE LIABLE TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONSCOMPANY OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, WHETHER ARISING OUT OF SPECIAL OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CONSEQUENTIAL DAMAGES RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONS.ERROR

Limited Warranty; Limitation of Liability. REVVITY OMICSa) CODE2ACTION, INC.. PROVIDES THE SERVICES AND SOFTWARE "AS IS "AND MAKES NO REPRESENTATIONS OR WARRANTIES, VIACORDEXPRESS, LLCORAL, IMPLIED OR STATUTORY AND THEIR RESPECTIVE AFFILIATESSPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY, DIRECTORSINCLUDING, EMPLOYEESBUT NOT LIMITED TO, AGENTS AND SERVICE PROVIDERSTHE QUALITY, INCLUDING THE ORDERING PROVIDER AND ITS CONTRACTORSCOMPLETENESS, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. b) CODE2ACTION, INC. SHALL NOT BE LIABLE TO VENDOR OR ANY OTHER PARTY FOR INJURY TO ANY PERSON OR PROPERTY WHATSOEVER RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SOFTWARE OR FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, EXEMPLARY, OR PUNITIVE OTHER DAMAGES WHETHER OR EXPENSES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF BREACH OF CONTRACTOR RELATING TO THE SERVICE FOR SOFTWARE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. SPECIFICALLY, AND NOTWITHSTANDING CODE2ACTION, INC. SHALL NOT BE RESPONSIBLE FOR ANY LOST PROFITS OR REVENUE, OR COSTS, INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOSS OF USE OF THE FAILURE SERVICES OR SOFTWARE, LOSS OF ANY AGREED DATA, BUSINESS INTERRUPTION. COST OF RECOVERING SOFTWARE OR DATA, COST OF SUBSTITUTE SOFTWARE OR DATA. OR OTHER REMEDY OF ITS ESSENTIAL PURPOSESIMILAR COSTS. IN NO EVENT SHALL REVVITY’S CODE2ACTION, INC.'S TOTAL LIABILITY OF ANY KIND, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR VIACORD’S, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISEEQUITABLE ACTION MAY BE BROUGHT, EXCEED THE TOTAL OF AMOUNT PAID TO CODE2ACTION, INC. UNDER THIS AGREEMENT DURING THE AMOUNTS PAID BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING TWELVE (12) MONTH PERIOD PRIOR TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSCLAIM.

Limited Warranty; Limitation of Liability. REVVITY OMICSSanta Fe represents that it will provide or cause the Services to be provided to the Company with reasonable diligence. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, INC., VIACORD, LLCALL PRODUCTS OBTAINED FOR, AND THEIR RESPECTIVE AFFILIATESSERVICES PROVIDED TO, DIRECTORSTHE COMPANY ARE AS IS, EMPLOYEESWHERE IS, AGENTS WITH ALL FAULTS. SANTA FE MAKES NO (AND SERVICE PROVIDERSHEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE ORDERING PROVIDER WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PROVIDED TO OR PRODUCTS OBTAINED FOR THE COMPANY. FURTHERMORE, THE COMPANY MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO SANTA FE BY ANY PARTY (INCLUDING AN AFFILIATE OF SANTA FE) PERFORMING SERVICES ON BEHALF OF SANTA FE HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO THE COMPANY. IT IS EXPRESSLY UNDERSTOOD BY THE COMPANY AND ITS CONTRACTORS, THE COMPANY AGREES THAT SANTA FE SHALL NOT BE LIABLE HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH THE PERFORMANCE OR NON-PERFORMANCE OF CONTRACT, TORT (INCLUDING NEGLIGENCE) ANY SERVICES PROVIDED HEREUNDER BY SANTA FE OR OTHERWISE, REGARDLESS OF WHETHER ANY THIRD PARTY PROVIDER UNLESS IN EACH CASE SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED ARISE OUT OF THE POSSIBILITY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT ON THE PART OF SUCH DAMAGES, SANTA FE. THE COMPANY AGREES THAT THE REMUNERATION PAID TO SANTA FE HEREUNDER FOR THE SERVICES -7- TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND NOTWITHSTANDING THE FAILURE DISCLAIMER OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSEWARRANTIES. IN NO EVENT SHALL REVVITY’S SANTA FE BE LIABLE TO THE COMPANY OR VIACORD’SANY OTHER PERSON FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, REGARDLESS OF THE FAULT OF SANTA FE, OR THEIR RESPECTIVE AFFILIATES’ANY THIRD PARTY PROVIDER OR WHETHER SANTA FE, DIRECTORS’OR ANY THIRD PARTY PROVIDER OR WHETHER SANTA FE OR THE THIRD PARTY PROVIDER ARE WHOLLY, EMPLOYEES’CONCURRENTLY, AGENTS’ PARTIALLY, OR SERVICE PROVIDERS’SOLELY NEGLIGENT, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING UNLESS IN EACH CASE SUCH DAMAGES ARISE OUT OF OR RELATED TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCTMISCONDUCT OF SANTA FE OR SUCH THIRD PARTY PROVIDER. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN TO THE FUTURE, EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO SUE OR OTHERWISE SEEK MONETARY DAMAGES SANTA FE FOR SERVICES UNDER AN OUTSOURCING OR OTHER RELIEF AGAINST REVVITY, VIACORDAGREEMENT, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS COMPANY AGREES TO BE BOUND BY SUCH LIMITATION OF LIABILITY FOR ANY REASON RELATING PRODUCT OR SERVICE PROVIDED TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE COMPANY BY SUCH THIRD PARTY PROVIDER UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSSANTA FE'S AGREEMENT.

Limited Warranty; Limitation of Liability. REVVITY OMICSTERRA REPRESENTS THAT THE SERVICES PROVIDED HEREUNDER SHALL BE PROVIDED WITH REASONABLE DILIGENCE. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, INC.TERRA MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTIONS AND WARRANTIES, VIACORD, LLC, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERSEXPRESS OR IMPLIED, INCLUDING THE ORDERING PROVIDER WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED TO OR PRODUCTS OBTAINED HEREUNDER. FURTHERMORE, NO PARTY HERETO MAY RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO TERRA BY ANY PARTY PERFORMING SERVICES ON BEHALF OF TERRA OR ITS AFFILIATES HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WRITTEN WARRANTY TO THE GENERAL PARTNER. THE GENERAL PARTNER AGREES THAT THE REMUNERATION TO BE PAID TO TERRA AND ITS CONTRACTORS, SHALL NOT AFFILIATES HEREUNDER FOR THE SERVICES TO BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT PERFORMED REFLECT THIS LIMITATION OF BREACH LIABILITY AND DISCLAIMER OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSEWARRANTIES. IN NO EVENT SHALL REVVITY’S OR VIACORD’STERRA, ITS AFFILAITES, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ ANY OTHER PERSON OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT ENTITY BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS ANY INDIRECT, SPECIAL OR DESTRUCTION OF SAMPLE(S)) CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE EVENT PERFORMANCE OF A FORCE MAJEURE WHICH MAY INCLUDESERVICES OR FROM THE BREACH OF THIS AGREEMENT, WITHOUT LIMITATIONREGARDLESS OF THE FAULT OF TERRA OR ITS AFFILIATES, NATURAL DISASTERSOR WHETHER WHOLLY, STRIKESCONCURRENTLY, ACTS OF GODPARTIALLY, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONSOR SOLELY NEGLIGENT.