Common use of Limits of Liability Clause in Contracts

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX JINKO MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX JINKO BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX JINKO SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.LIMITED

Limits of Liability. NOTWITHSTANDING ANYTHING Not applicable in Québec: In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Device Protection Lite Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY IN CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION LITE PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION LITE PLAN CONTRACT). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION LITE PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION LITE PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED WARRANTYTO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREINSTATED IN CONTRACT, XXXXX MAKES NO WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION LITE PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH COURSE OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYPERFORMANCE.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES GOODS AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULESPRODUCTS. THE REMEDIES FOR BREACH OF THIS LIMITED WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS LIMITED WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LIMITED WARRANTY, IT IS CLARIFIED THAT THE BENEFITS TO THE CUSTOMER (WHO MATCHES THE DEFINITION OF A CONSUMER/CUSTOMER UNDER AUSTRALIAN CONSUMER LAWS OR NEW ZEALAND CONSUMER LAW AS APPLICABLE) UNDER THIS LIMITED WARRANTY SHALL BE IN ADDITION TO THE RIGHTS AND REMEDIES TO THE CUSTOMER UNDER A LAW IN RELATION TO THE GOODS TO WHICH THIS LIMITED WARRANTY RELATES. FURTHER, SAVE AND EXCEPT AS EXPRESSLY PROVIDED HEREINHEREIN ABOVE, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S CUSTOMERS SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY. FURTHER, NOTWITHSTANDING THE ABOVE, THE BELOW STATEMENT APPLIES TO CUSTOMERS WHO MATCHES THE DEFINITION OF CUSTOMERS UNDER THE AUSTRALIAN CONSUMER LAW: “OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.” STATUTORY RIGHTS IN NEW ZEALAND: JINKO PRODUCTS COME WITH CONSUMER GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE NZ CONSUMER GUARANTEE ACT (CGA) 1993. WHERE THE CUSTOMER IS DEFINED AS A CONSUMER UNDER THE ACT, THE CUSTOMER HAS A RIGHT OF REDRESS AGAINST JINKO IN ACCORDANCE WITH NZ CGA 1993 IN RESPECT OF THE FAILURE OF A PRODUCT TO COMPLY WITH A GUARANTEE, THE CONSUMER MAY EXERCISE THE FOLLOWING REMEDIES: (I) WHERE THE FAILURE CANNOT BE REMEDIED OR IS OF A SUBSTANTIAL CHARACTER WITHIN THE MEANING OF SECTION 21 OF NZ CGA 1993, THE CONSUMER MAY REJECT THE PRODUCT (EXCEPT IN THE SCENARIO AS PROVIDED IN SECTION 20 OF THE CONSUMER GUARANTEES ACT, 1993) AND CHOOSE TO EITHER GET A REFUND OF ANY MONEY PAID IS RESPECT OF THE REJECTED GOODS OR GOODS OF THE SAME TYPE AND OF SIMILAR VALUE TO REPLACE THE REJECTED GOODS (WHERE SUCH GOODS ARE REASONABLY AVAILABLE TO JINKO AS A PART OF ITS STOCK) FOR THE DEFECTIVE PRODUCT OR OBTAIN FROM JINKO DAMAGES IN COMPENSATION FOR ANY REDUCTION IN VALUE OF THE PRODUCT BELOW THE PRICE PAID OR PAYABLE BY THE CONSUMER FOR THE DEFECTIVE PRODUCT. (II) WHERE XXXXX DOES NOT REMEDY THE FAILURE WITHIN A REASONABLE TIME, THE CONSUMER MIGHT HAVE THE FAILURE REMEDIED ELSEWHERE AND OBTAIN FROM JINKO ALL REASONABLE COSTS INCURRED IN HAVING THE FAILURE REMEDIED OR MIGHT REJECT THE (EXCEPT IN THE SCENARIO AS PROVIDED IN SECTION 20 OF THE CONSUMER GUARANTEES ACT, 1993) DEFECTIVE PRODUCT AND CHOOSE TO EITHER GET A REFUND OF ANY MONEY PAID IS RESPECT OF THE REJECTED GOODS OR GOODS OF THE SAME TYPE AND OF SIMILAR VALUE TO REPLACE THE REJECTED GOODS (WHERE SUCH GOODS ARE REASONABLY AVAILABLE TO JINKO AS A PART OF ITS STOCK) FOR THE DEFECTIVE PRODUCT. (III) IN ADDITION TO THE REMEDIES SET OUT ABOVE, THE CONSUMER MAY OBTAIN FROM JINKO DAMAGES FOR ANY LOSS OR DAMAGE TO THE CONSUMER RESULTING FROM THE FAILURE (OTHER THAN LOSS OR DAMAGE THROUGH REDUCTION IN VALUE OF THE DEFECTIVE PRODUCT) WHICH WAS REASONABLY FORESEEABLE AS LIABLE TO RESULT FROM THE FAILURE. TO THE EXTEND THE PRODUCT IS ACQUIRED FOR BUSINESS NEEDS, JINKO LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE STANDARD TERMS OF THE WARRANTY ANY WARRANTY GIVEN TO THE CUSTOMER IN RELATION TO JINKO PRODUCTS BY A NZ DEALER OR NZ ONSELLER (OTHER THAN THE WARRANTY PROVIDED IN THIS WARRANTY POLICY) IS NOT XXXXX XXXXXXXX AND IS FULL RESPONSIBILITY OF THE PROVIDER. JINKO WILL NOT ACCEPT CLAIMS UNDER ANY SUCH WARRANTY AND WILL NOT BE LIABLE TO THE PURCHASER OR ANY THIRD PARTY WITH RESPECT TO ANY SUCH WARRANTY.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LIMITED WARRANTY, IT IS CLARIFIED THAT THE BENEFITS TO THE CUSTOMER (WHO MATCHES THE DEFINITION OF A CONSUMER/CUSTOMER UNDER AUSTRALIAN CONSUMER LAWS OR NEW ZEALAND CONSUMER LAW AS APPLICABLE) UNDER THIS LIMITED WARRANTY SHALL BE IN ADDITION TO THE RIGHTS AND REMEDIES TO THE CUSTOMER UNDER A LAW IN RELATION TO THE GOODS TO WHICH THIS LIMITED WARRANTY RELATES. FURTHER, SAVE AND EXCEPT AS EXPRESSLY PROVIDED HEREINHEREIN ABOVE, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S CUSTOMERS SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY. FURTHER, NOTWITHSTANDING THE ABOVE, THE BELOW STATEMENT APPLIES TO CUSTOMERS WHO MATCHES THE DEFINITION OF CUSTOMERS UNDER THE AUSTRALIAN CONSUMER LAW: “OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.” STATUTORY RIGHTS IN NEW ZEALAND: JINKO PRODUCTS COME WITH CONSUMER GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE NZ CONSUMER GUARANTEE ACT (CGA) 1993. WHERE THE CUSTOMER IS DEFINED AS A CONSUMER UNDER THE ACT, THE CUSTOMER HAS A RIGHT OF REDRESS AGAINST XXXXX IN ACCORDANCE WITH NZ CGA 1993 IN RESPECT OF THE FAILURE OF A PRODUCT TO COMPLY WITH A GUARANTEE, THE CONSUMER MAY EXERCISE THE FOLLOWING REMEDIES: (I) WHERE THE FAILURE CANNOT BE REMEDIED OR IS OF A SUBSTANTIAL CHARACTER WITHIN THE MEANING OF SECTION 21 OF NZ CGA 1993, THE CONSUMER MAY REJECT THE PRODUCT (EXCEPT IN THE SCENARIO AS PROVIDED IN SECTION 20 OF THE CONSUMER GUARANTEES ACT, 1993) AND CHOOSE TO EITHER GET A REFUND OF ANY MONEY PAID IS RESPECT OF THE REJECTED GOODS OR GOODS OF THE SAME TYPE AND OF SIMILAR VALUE TO REPLACE THE REJECTED GOODS (WHERE SUCH GOODS ARE REASONABLY AVAILABLE TO JINKO AS A PART OF ITS STOCK) FOR THE DEFECTIVE PRODUCT OR OBTAIN FROM JINKO DAMAGES IN COMPENSATION FOR ANY REDUCTION IN VALUE OF THE PRODUCT BELOW THE PRICE PAID OR PAYABLE BY THE CONSUMER FOR THE DEFECTIVE PRODUCT. (II) WHERE XXXXX DOES NOT REMEDY THE FAILURE WITHIN A REASONABLE TIME, THE CONSUMER MIGHT HAVE THE FAILURE REMEDIED ELSEWHERE AND OBTAIN FROM JINKO ALL REASONABLE COSTS INCURRED IN HAVING THE FAILURE REMEDIED OR MIGHT REJECT THE (EXCEPT IN THE SCENARIO AS PROVIDED IN SECTION 20 OF THE CONSUMER GUARANTEES ACT, 1993) DEFECTIVE PRODUCT AND CHOOSE TO EITHER GET A REFUND OF ANY MONEY PAID IS RESPECT OF THE REJECTED GOODS OR GOODS OF THE SAME TYPE AND OF SIMILAR VALUE TO REPLACE THE REJECTED GOODS (WHERE SUCH GOODS ARE REASONABLY AVAILABLE TO JINKO AS A PART OF ITS STOCK) FOR THE DEFECTIVE PRODUCT. (III) IN ADDITION TO THE REMEDIES SET OUT ABOVE, THE CONSUMER MAY OBTAIN FROM JINKO DAMAGES FOR ANY LOSS OR DAMAGE TO THE CONSUMER RESULTING FROM THE FAILURE (OTHER THAN LOSS OR DAMAGE THROUGH REDUCTION IN VALUE OF THE DEFECTIVE PRODUCT) WHICH WAS REASONABLY FORESEEABLE AS LIABLE TO RESULT FROM THE FAILURE. TO THE EXTEND THE PRODUCT IS ACQUIRED FOR BUSINESS NEEDS, JINKO LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE STANDARD TERMS OF THE WARRANTY ANY WARRANTY GIVEN TO THE CUSTOMER IN RELATION TO JINKO PRODUCTS BY A NZ DEALER OR NZ ONSELLER (OTHER THAN THE WARRANTY PROVIDED IN THIS WARRANTY POLICY) IS NOT XXXXX XXXXXXXX AND IS FULL RESPONSIBILITY OF THE PROVIDER. XXXXX WILL NOT ACCEPT CLAIMS UNDER ANY SUCH WARRANTY AND WILL NOT BE LIABLE TO THE PURCHASER OR ANY THIRD PARTY WITH RESPECT TO ANY SUCH WARRANTY.

Limits of Liability. 11.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OTHER PROVISION OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM AGREEMENT, OTHER THAN IN CONNECTION WITH A PARTY'S OBLIGATIONS UNDER SECTION 6 "CONFIDENTIALITY", OR RELATING TO ANY BREACH IN INSTANCES OF THE WARRANTIES. A PARTY'S FRAUD, WILLFUL MISCONDUCT, IN NO EVENT SHALL XXXXX EITHER PARTY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY THE OTHER PARTY FOR (A) ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVESPECIAL, EXEMPLARY CONSEQUENTIAL, EXEMPLARY, OR CONSEQUENTIAL PUNITIVE DAMAGES, OR OTHER SIMILAR TYPE OF DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, BASED UPON LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITYBUSINESS, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS LIMITED WARRANTYAGREEMENT, THE PERFORMANCE HEREOF, THE USE OF THE SERVICES OR DELIVERABLES PROVIDED HEREUNDER, AND/OR SUCH PARTY’S ALLEGED BREACH OF THIS AGREEMENT, WHETHER OR NOT SUCH PARTY IS INFORMED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; or (B) DIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE PERFORMANCE HEREOF, THE SERVICES AND DELIVERABLES PROVIDED HEREUNDER, AND/OR SUCH PARTY’S ALLEGED BREACH OF THIS AGREEMENT IN ANY AMOUNT OF MONEY BEYOND THE 11.2. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL TERMS OF THIS AGREEMENT AND THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THEIR INCLUSION.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO XXXXX DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.

Limits of Liability. 11.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OTHER PROVISION OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM AGREEMENT, OTHER THAN IN CONNECTION WITH A PARTY'S OBLIGATIONS UNDER SECTION 6 "CONFIDENTIALITY", OR RELATING TO ANY BREACH IN INSTANCES OF A PARTY'S FRAUD, WILLFUL MISCONDUCT, OR INFRINGEMENT OR MISAPPROPRIATION OF THE WARRANTIES. OTHER PARTY’S INTELLECTUAL PROPERTY IN NO EVENT SHALL XXXXX EITHER PARTY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY THE OTHER PARTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVESPECIAL, CONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES, OR OTHER SIMILAR TYPE OF DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, BASED UPON LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITYBUSINESS, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS LIMITED WARRANTYAGREEMENT, THE PERFORMANCE HEREOF, THE USE OF THE SERVICES OR DELIVERABLES PROVIDED HEREUNDER, AND/OR 11.2. OTHER THAN IN CONNECTION WITH A PARTY'S OBLIGATIONS UNDER SECTION 6 "CONFIDENTIALITY" , OR IN INSTANCES OF A PARTY'S FRAUD, WILLFUL MISCONDUCT, OR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS UNDER NO CIRCUMSTANCES WHATSOEVER SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR DIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE PERFORMANCE HEREOF, THE SERVICES AND DELIVERABLES PROVIDED HEREUNDER, AND/OR SUCH PARTY’S ALLEGED BREACH OF THIS AGREEMENT IN ANY AMOUNT OF MONEY WHICH SHALL EXCEED THE AMOUNT OF THE FEES ACTUALLY PAID OR PAYABLE BY CUSTOMER TO SYNOPSYS UNDER THIS AGREEMENT.

Limits of Liability. NOTWITHSTANDING ANYTHING Applicable in Québec: Except in the case of damages resulting from Our own act or of Our agents or service providers with respect to the Device Protection Lite Plan or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION LITE PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION LITE PLAN CONTRACT). IN SUCH CIRCUMSTANCES WE OR OUR AGENTS OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION LITE PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION LITE PLAN, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION LITE PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES OF PERFORMANCEWARRANTY Force Majeure. We have no responsibility for delays or failures due to acts of God, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGEfire, ARISING FROM OR RELATING TO THE MODULESflood, explosion, war, revolution, acts of public enemy or terrorist, labour difficulties, including without limitation strikes, slowdowns, picketing or boycotts, civil commotion, embargo, acts of government in, military authority, or the elements, or other causes beyond our reasonable control, and in such event We may cancel this Contract and the Device Protection Lite Plan Contract immediately. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESProhibitions on Transfer and Abuse of the Device Protection Lite Plan Contract. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISThis Device Protection Lite Plan is for Your use only. It is only transferable by FIDO to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Device Protection Lite Plan by You, INSPECTIONincluding but not limited to seeking replacement of a wireless device not belonging to You, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. NOTWITHSTANDING ANYTHING UNLESS EXPRESSLY PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW, OR UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, OUR LIABILITY IS LIMITED AS FOLLOWS: WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR (I) YOUR ACTS OR OMISSIONS OR THOSE OF ANY THIRD PARTY, (II) THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO ANY CLEARING HOUSE ASSOCIATION, TRANSACTION PROCESSING NETWORK, LICENSOR OR PROCESSOR, ANY FEDERAL RESERVE BANK, ANY OTHER FINANCIAL INSTITUTION OR ANY SUPPLIER, ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILITY, ANY TIME-SHARING SUPPLIER OR ANY MAIL OR COURIER SERVICE, AND NO SUCH PERSON OR ENTITY WILL BE DEEMED OUR AGENT, (III) FOR ANY OF OUR ACTIONS OR FAILURE TO ACT UNDER OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT TO THE CONTRARY EXTENT SUCH CONDUCT CONSTITUTES WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR (IV) FOR ANY FAILURE OR DELAY IN PERFORMING ANY OF OUR OBLIGATIONS UNDER THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES AGREEMENT IF SUCH FAILURE OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED DELAY IS CAUSED BY LAWCIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING IMPLIED WARRANTIES ANY NATURAL DISASTER (SUCH AS EARTHQUAKES OR FLOODS), EMERGENCY CONDITIONS (SUCH AS WAR, RIOT, FIRE, THEFT OR LABOR DISPUTE OR DIFFICULTIES), LEGAL CONSTRAINT OR GOVERNMENTAL ACTION OR INACTION, BREAKDOWN OR FAILURE OF PERFORMANCEOUR COMPUTER, MERCHANTABILITY TRANSMISSION OR FITNESS FOR COMMUNICATIONS FACILITIES AND EQUIPMENT OR OF THIRD PARTIES, BREAKDOWN OF ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILITIES, ANY TIME-SHARING SUPPLIER AND ANY MAIL OR COURIER SERVICE, OR YOUR ACT, OMISSION, NEGLIGENCE OR FAULT. IF A PARTICULAR PURPOSE AND IMPLIED WARRANTIES COURT FINDS THAT WE ARE LIABLE TO YOU BECAUSE OF CUSTOM OUR ACTS OR USAGEOMISSIONS IN CONNECTION WITH THIS AGREEMENT, ARISING YOU MAY RECOVER FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESUS ONLY YOUR ACTUAL DAMAGES. IN NO EVENT SHALL XXXXX WILL YOU BE RESPONSIBLE PURSUANT ABLE TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, RECOVER FROM US INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF ANY NATURE WHATSOEVERTHE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL NOT APPLY WHERE EXPRESSLY PROHIBITED BY THE LAWS GOVERNING YOUR ACCOUNT. Except to the extent that the Bank fails to exercise ordinary care or breaches this Agreement, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEyou agree to indemnify and hold the Bank and its directors, LOSS OF PROFITS OR REVENUEofficers, INTEREST CHARGES employees, and agents harmless from all claims, demands, losses, liabilities, judgments, and expenses (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNERincluding their attorneys’ fees and legal expenses) arising out of or in any way connected with the Bank’s performance under this Agreement. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYYou agree that this indemnification will survive the closing of your account and the termination of any service.

Limits of Liability. NOTWITHSTANDING ANYTHING TO a. THE CONTRARY IN THIS LIMITED WARRANTYSERVICE, EXCEPT CINCH HOME SERVICES, AND EACH OF THEIR PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM AND ASSUME NO LIABILITY AS EXPRESSLY PROVIDED HEREINA SELLER OF ANY PROUCTS INCLUDING, XXXXX MAKES NO WARRANTIESWITHOUT LIMITATION, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWLIABILITY FOR ANY DEFECTIVE PRODUCTS, INCLUDING IMPLIED WARRANTIES WITH RESPECT TO ANY PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY SUCH DEFECTIVE PRODUCTS, DELAY IN DELIVERY OF PERFORMANCEPRODUCTS FOR ANY REASON WHATSOEVER, MERCHANTABILITY DELIVERY OF THE WRONG PRODUCT, NEGLIGENCE IN CONNECTION WITH THE DELIVERY AND/OR FITNESS INSTALLATION OF A PRODUCT, AND NEGLIGENCE OF A PARTICIPATING MERCHANT, AND YOU AGREE TO WAIVE ANY AND ALL SUCH CLAIMS AS AGAINST THE SERVICE, CINCH HOME SERVICES AND EACH OF THEIR PARENTS, SUBSIDIARIES AND AFFILIATES. b. THE SERVICE, CINCH HOME SERVICES AND EACH OF THEIR PARENTS, SUBSIDIARIES AND AFFILIATES FURTHER EXPRESSLY DISCLAIM AND ASSUME NO LIABILITY FOR A PARTICULAR PURPOSE SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING YOU AGREE TO THE MODULESWAIVE ANY AND ALL CLAIMS FOR SUCH DAMAGES. THE REMEDIES FOR BREACH SERVICE, CINCH HOME SERVICES AND EACH OF THIS WARRANTY ARE CUSTOMER’S SOLE THEIR PARENTS, SUBSIDIARIES AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING AFFILIATES LIABILITY TO ANY BREACH OF THE WARRANTIES. YOU SHALL IN NO EVENT EXCEED THE AMOUNT OF THE FEE PAID BY YOU FOR THE SERVICE. APPLIANCE BUYLINE® DISCOUNT BUYING SERVICE TERMS AND CONDITIONS Page 2 of 2 c. THE SERVICE, CINCH HOME SERVICES AND THEIR PARENTS, SUBSIDIARIES AND AFFILIATES SHALL XXXXX NOT BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY ERRORS OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR OMISSIONS CONTAINED IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTYWEBSITE, XXXXX SHALL HAVE NO RESPONSIBILITY PUBLICATION OR LIABILITY WHATSOEVER FOR DAMAGE GUIDE PRODUCED AND PROVIDED TO YOU BY THE SERVICE, CINCH HOME SERVICES OR INJURY TO PERSONS THEIR PARENTS, SUBSIDIARIES OR PROPERTY, AFFILIATES OR FOR OTHER LOSS ANY ERRORS OR INJURY RESULTING FROM OMISSIONS CONTAINED IN ANY CAUSE WHATSOEVER ARISING OUT OF PARTICIPATING MERCHANT’S WEBSITE, PUBLICATIONS OR RELATED GUIDES. INFORMATION IN ANY SUCH PUBLICATIONS, GUIDES AND/OR WEBSITES REGARDING PRODUCT MANUFACTURERS, MODEL NUMBERS, PRICES, ACCESS NUMBERS AND PROCEDURES ARE SUBJECT TO THIS LIMITED WARRANTYCHANGE WITHOUT NOTICE.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.ANY

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.. Notwithstanding the above, the

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX LICENSOR MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES, EXPRESS OR RELATING TO IMPLIED, THAT MIGHT OTHERWISE ARISE INCLUDING THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR (1) MERCHANTABILITY; AND (2) FITNESS FOR A PARTICULAR PURPOSE PURPOSE; AND IMPLIED (3) THAT THE LICENSED USES AND/OR EACH LICENSEE’S USE OF THE MARKS ARE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADEMARKS, OR PROPRIETARY RIGHTS OF THIRD PARTIES. NO REPRESENTATIONS OR WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING HAVE BEEN MADE TO THE MODULESLICENSEES AS TO THEIR EARNINGS, SUCCESS, REVENUES, PROFITS OR LOSSES PURSUANT TO THIS AGREEMENT AND LICENSOR HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO ANY EARNINGS, SUCCESS, REVENUES, PROFIT, LOSS, OR FAILURE OF THE LICENSEES HEREUNDER. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMERLICENSOR’S ENTIRE LIABILITY AND EACH LICENSEE’S SOLE AND EXCLUSIVE REMEDIES ARISING REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER, WHETHER SOUNDING IN CONTRACT, TORT, UNDER STATUTE, OR RELATING OTHERWISE (INCLUDING WITHOUT LIMITATION ANY NONPERFORMANCE OR MISREPRESENTATION) SHALL BE LIMITED TO ANY BREACH THE AGGREGATE SUM OF THE WARRANTIESU.S. $10,000. IN NO EVENT SHALL XXXXX WILL LICENSOR BE RESPONSIBLE PURSUANT TO THIS WARRANTY LIABLE FOR (i) ANY PERFORMANCE ANALYSISDAMAGES CAUSED, INSPECTIONIN WHOLE OR PART, DIAGNOSISBY LICENSEE, REMOVALOR FOR (ii) ANY LOST REVENUES, CUSTOMSLOST PROFITS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, LOST SAVINGS OR OTHER INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED BY ANY PERSON EVEN IF LICENSOR HAS BEEN ADVISED OF ANY NATURE WHATSOEVER, INCLUDING LOSSES THE POSSIBILITY OF SUCH DAMAGES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYCLAIMS.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LIMITED WARRANTY, IT IS CLARIFIED THAT THE BENEFITS TO THE CUSTOMER (WHO MATCHES THE DEFINITION OF A CONSUMER/CUSTOMER UNDER AUSTRALIAN CONSUMER LAWS OR NEW ZEALAND CONSUMER LAW AS APPLICABLE) UNDER THIS LIMITED WARRANTY SHALL BE IN ADDITION TO THE RIGHTS AND REMEDIES TO THE CUSTOMER UNDER A LAW IN RELATION TO THE GOODS TO WHICH THIS LIMITED WARRANTY RELATES. FURTHER, SAVE AND EXCEPT AS EXPRESSLY PROVIDED HEREINHEREIN ABOVE, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S CUSTOMERS SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY. FURTHER, NOTWITHSTANDING THE ABOVE, THE BELOW STATEMENT APPLIES TO CUSTOMERS WHO MATCHES THE DEFINITION OF CUSTOMERS UNDER THE AUSTRALIAN CONSUMER LAW: “OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.” STATUTORY RIGHTS IN NEW ZEALAND: JINKO PRODUCTS COME WITH CONSUMER GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE NZ CONSUMER GUARANTEE ACT (CGA) 1993. WHERE THE CUSTOMER IS DEFINED AS A CONSUMER UNDER THE ACT, THE CUSTOMER HAS A RIGHT OF REDRESS AGAINST XXXXX IN ACCORDANCE WITH NZ CGA 1993 IN RESPECT OF THE FAILURE OF A PRODUCT TO COMPLY WITH A GUARANTEE, THE CONSUMER MAY EXERCISE THE FOLLOWING REMEDIES: (I) WHERE THE FAILURE CANNOT BE REMEDIED OR IS OF A SUBSTANTIAL CHARACTER WITHIN THE MEANING OF SECTION 21 OF NZ CGA 1993, THE CONSUMER MAY REJECT THE PRODUCT (EXCEPT IN THE SCENARIO AS PROVIDED IN SECTION 20 OF THE CONSUMER GUARANTEES ACT, 1993) AND CHOOSE TO EITHER GET A REFUND OF ANY MONEY PAID IS RESPECT OF THE REJECTED GOODS OR GOODS OF THE SAME TYPE AND OF SIMILAR VALUE TO REPLACE THE REJECTED GOODS (WHERE SUCH GOODS ARE REASONABLY AVAILABLE TO JINKO AS A PART OF ITS STOCK) FOR THE DEFECTIVE PRODUCT OR OBTAIN FROM JINKO DAMAGES IN COMPENSATION FOR ANY REDUCTION IN VALUE OF THE PRODUCT BELOW THE PRICE PAID OR PAYABLE BY THE CONSUMER FOR THE DEFECTIVE PRODUCT. (II) WHERE XXXXX DOES NOT REMEDY THE FAILURE WITHIN A REASONABLE TIME, THE CONSUMER MIGHT HAVE THE FAILURE REMEDIED ELSEWHERE AND OBTAIN FROM JINKO ALL REASONABLE COSTS INCURRED IN HAVING THE FAILURE REMEDIED OR MIGHT REJECT THE (EXCEPT IN THE SCENARIO AS PROVIDED IN SECTION 20 OF THE CONSUMER GUARANTEES ACT, 1993) DEFECTIVE PRODUCT AND CHOOSE TO EITHER GET A REFUND OF ANY MONEY PAID IS RESPECT OF THE REJECTED GOODS OR GOODS OF THE SAME TYPE AND OF SIMILAR VALUE TO REPLACE THE REJECTED GOODS (WHERE SUCH GOODS ARE REASONABLY AVAILABLE TO JINKO AS A PART OF ITS STOCK) FOR THE DEFECTIVE PRODUCT. (III) IN ADDITION TO THE REMEDIES SET OUT ABOVE, THE CONSUMER MAY OBTAIN FROM JINKO DAMAGES FOR ANY LOSS OR DAMAGE TO THE CONSUMER RESULTING FROM THE FAILURE (OTHER THAN LOSS OR DAMAGE THROUGH REDUCTION IN VALUE OF THE DEFECTIVE PRODUCT) WHICH WAS REASONABLY FORESEEABLE AS LIABLE TO RESULT FROM THE FAILURE. TO THE EXTEND THE PRODUCT IS ACQUIRED FOR BUSINESS NEEDS, JINKO LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE STANDARD TERMS OF THE WARRANTY ANY WARRANTY GIVEN TO THE CUSTOMER IN RELATION TO JINKO PRODUCTS BY A NZ DEALER OR NZ ONSELLER (OTHER THAN THE WARRANTY PROVIDED IN THIS WARRANTY POLICY) IS NOT XXXXX XXXXXXXX AND IS FULL RESPONSIBILITY OF THE PROVIDER. JINKO WILL NOT ACCEPT CLAIMS UNDER ANY SUCH WARRANTY AND WILL NOT BE LIABLE TO THE PURCHASER OR ANY THIRD PARTY WITH RESPECT TO ANY SUCH WARRANTY.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.TO

Limits of Liability. NOTWITHSTANDING ANYTHING PARK PLACE’S TOTAL LIABILITY FOR ANY CLAIM OF ANY TYPE WHATSOVEVER IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY PARK PLACE’S SOLE NEGLIGENCE. THE CONTRARY CUSTOMER’S EXCLUSIVE REMEDY FOR ANY CLAIM OF NEGLIGENCE WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF LIABILITY. PARK PLACE SHALL NOT BE LIABLE IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY CONTRACT LAW, INCLUDING IMPLIED WARRANTIES TORT, OR ANY OTHER THEORY OF PERFORMANCELAW, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISINDIRECT, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTSPUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVEEXEMPLARY, EXEMPLARY EXTRA-CONTRACTUAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES DAMAGE PERTAINING TO THE MAINTENANCE SERVICE OR DAMAGES CAUSED BY REASON OF EQUIPMENT OUTLINED IN THIS AGREEMENT. NOR WILL PARK PLACE BE LIABLE FOR LOSS OF USEPROFITS, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITYBUSINESS, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL CAPITAL, COST OF SUBSTITUTED FACILITIES OR CLAIMS EQUIPMENT, OR SERVICE DOWN-TIME COSTS. THIS LIMIT OF CUSTOMER DAMAGESLIABILITY SHALL ALSO EXTEND TO CUSTOMERS OF THE CUSTOMER, NO MATTER HOW SUCH DAMAGES OCCURRED, WHETHER LIABILITY ARISES AS A RESULT OR NOT BECAUSE OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTYFAULT, OR FOR OTHER LOSS DELAY OF PARK PLACE, OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF BREACH OR RELATED FAILURE TO PERFORM THIS LIMITED WARRANTYAGREEMENT.

Limits of Liability. NOTWITHSTANDING ANYTHING SELLER’S TOTAL LIABILITY FOR ANY CLAIM OF ANY TYPE WHATSOEVER IN CONNECTION WITH THESE T’S & C’S OR UNDER ANY PURCHASE ORDER OR AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY SELLER’S SOLE NEGLIGENCE. PURCHASER’S EXCLUSIVE REMEDY FOR ANY CLAIM OF NEGLIGENCE WILL NOT EXCEED THE AMOUNT OF IMPACTED FORGINGS ACTUALLY PAID BY PURCHASER UP TO THE CONTRARY ONE (1) YEAR PERIOD PRECEDING THE DATE OF LIABILITY. SELLER SHALL NOT BE LIABLE IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY CONTRACT LAW, INCLUDING IMPLIED WARRANTIES TORT, OR ANY OTHER THEORY OF PERFORMANCELAW, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISINDIRECT, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTSPUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVEEXEMPLARY, EXEMPLARY EXTRA-CONTRACTUAL, OR CONSEQUENTIAL DAMAGES DAMAGE PERTAINING TO THE PRODUCTS OR EQUIPMENT COVERED BY THESE T’s & C’s OR ANY APPLICABLE SERVICES AGREEMENT OR STATEMENT OF ANY NATURE WHATSOEVERWORK. NOR WILL SELLER BE LIABLE FOR LOSS OF PROFITS, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF USE, LOSS COST OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITYCAPITAL, COST OF CAPITAL SUBSTITUTED FACILITIES OR CLAIMS EQUIPMENT, OR SERVICE DOWN- TIME COSTS. THE LIMITATIONS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX PARAGRAPH 16 SHALL HAVE NO RESPONSIBILITY NOT APPLY TO THE WILLFUL MISCONDUCT OR LIABILITY WHATSOEVER FOR DAMAGE GROSS NEGLIGENCE OF SELLER OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYITS EMPLOYEES.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX JINKO BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.LIMITED

Limits of Liability. NOTWITHSTANDING ANYTHING Applicable in Québec: Except in the case of damages resulting from Our own act or of Our agents or service providers with respect to the Device Protection Lite Plan or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION LITE PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION LITE PLAN CONTRACT). IN SUCH CIRCUMSTANCES WE OR OUR AGENTS OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION LITE PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION LITE PLAN, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION LITE PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES OF PERFORMANCEWARRANTY Force Majeure. We have no responsibility for delays or failures due to acts of God, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGEfire, ARISING FROM OR RELATING TO THE MODULESflood, explosion, war, revolution, acts of public enemy or terrorist, labour difficulties, including without limitation strikes, slowdowns, picketing or boycotts, civil commotion, embargo, acts of government in, military authority, or the elements, or other causes beyond our reasonable control, and in such event We may cancel this Contract and the Device Protection Lite Plan Contract immediately. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESProhibitions on Transfer and Abuse of the Device Protection Lite Plan Contract. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISThis Device Protection Lite Plan is for Your use only. It is only transferable by ROGERS to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Device Protection Lite Plan by You, INSPECTIONincluding but not limited to seeking replacement of a wireless device not belonging to You, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE)Notwithstanding the above, STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNERthe following statement applies to Customers who matches the definition of “Consumers” under the Australian Consumer Law: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYYou are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT ONLY AS MAY BE EXPRESSLY PROVIDED SET FORTH HEREIN, XXXXX MAKES NO WARRANTIESCONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR USAGE, NON-INFRINGEMENT. EXCEPT TO THE EXTENT ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES MUNICIPALITY’S PAYMENT OBLIGATIONS FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. SERVICES, IN NO EVENT SHALL XXXXX CONSULTANT OR MUNICIPALITY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY ONE ANOTHER FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY RELIANCE, EXEMPLARY, OR CONSEQUENTIAL SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE FORM OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESACTION, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF IN CONTRACT, TORT LIABILITY (INCLUDING INDEMNITY, NEGLIGENCE), WARRANTY, STRICT LIABILITY, BY OPERATION OR TORT, EVEN IF ADVISED OF LAW OR IN THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY OTHER MANNERREMAINING REMEDY. EXCEPT AS SET OUT WITH RESPECT TO PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING OUT BY NEGLIGENCE, INTENTIONAL CONDUCT, OR OTHERWISE) EXCEED THE GREATER OF OR RELATED THE AMOUNT OF FEES PAID TO CONSULTANT PURSUANT TO THIS LIMITED WARRANTYAGREEMENT OR THE AVAILABLE LIMITS OF CONSULTANTS INSURANCE (SUCH LIMITS DEFINE MUNICIPAL MAXIMUM LIABILITY TO THE SAME EXTENT AS IF MUNICIPALITY HAD BEEN OBLIGATED TO PURCHASE THE POLICIES).

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT ONLY AS MAY BE EXPRESSLY PROVIDED SET FORTH HEREIN, XXXXX MAKES NO WARRANTIESCONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR USAGE, NON-INFRINGEMENT. EXCEPT TO THE EXTENT ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES MUNICIPALITY’S PAYMENT OBLIGATIONS FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. SERVICES, IN NO EVENT SHALL XXXXX CONSULTANT OR MUNICIPALITY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY ONE ANOTHER FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY RELIANCE, EXEMPLARY, OR CONSEQUENTIAL SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES. LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE FORM OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESACTION, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF IN CONTRACT, TORT LIABILITY (INCLUDING INDEMNITY, NEGLIGENCE), WARRANTY, STRICT LIABILITY, BY OPERATION OR TORT, EVEN IF ADVISED OF LAW OR IN THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY OTHER MANNERREMAINING REMEDY. EXCEPT AS SET OUT WITH RESPECT TO PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING OUT BY NEGLIGENCE, INTENTIONAL CONDUCT, OR OTHERWISE) EXCEED THE GREATER OF OR RELATED THE AMOUNT OF FEES PAID TO CONSULTANT PURSUANT TO THIS LIMITED WARRANTYAGREEMENT OR THE AVAILABLE LIMITS OF CONSULTANTS INSURANCE (SUCH LIMITS DEFINE MUNICIPAL MAXIMUM LIABILITY TO THE SAME EXTENT AS IF MUNICIPALITY HAD BEEN OBLIGATED TO PURCHASE THE POLICIES).

Limits of Liability. NOTWITHSTANDING ANYTHING In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Device Protection Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION PLAN CONTRACT). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITYand in such event We may cancel this Contract and the Device Protection Plan Contract immediately. Prohibitions on Transfer and Abuse of the Device Protection Plan Contract. This Device Protection Plan is for Your use only. It is only transferable by XXXXXX to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Device Protection Plan by You, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESincluding but not limited to seeking replacement of a wireless device not belonging to You, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT ONLY AS MAY BE EXPRESSLY PROVIDED SET FORTH HEREIN, XXXXX MAKES NO WARRANTIESCONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESINFRINGEMENT. IN NO EVENT SHALL XXXXX CONSULTANT OR MUNICIPALITY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY ONE ANOTHER FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY RELIANCE, EXEMPLARY, OR CONSEQUENTIAL SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES. LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE FORM OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESACTION, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF IN CONTRACT, TORT LIABILITY (INCLUDING INDEMNITY, NEGLIGENCE), WARRANTY, STRICT LIABILITY, BY OPERATION OR TORT, EVEN IF ADVISED OF LAW OR IN THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY OTHER MANNERTHAN WITH RESPECT TO PAYMENT OF OBLIGATIONS FOR SERVICES. EXCEPT AS SET OUT WITH RESPECT TO PAYMENT OBLIGATIONS, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING OUT BY NEGLIGENCE, INTENDED CONDUCT, OR OTHERWISE) EXCEED THE AMOUNT OF OR RELATED FEES PAID TO CONSULTANT PURSUANT TO THIS LIMITED WARRANTYAGREEMENT.

Limits of Liability. NOTWITHSTANDING ANYTHING In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Device Protection Lite Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY IN CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION LITE PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION LITE PLAN CONTRACT). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION LITE PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION LITE PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED WARRANTYTO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREINSTATED IN CONTRACT, XXXXX MAKES NO WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION LITE PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITYand in such event We may cancel this Contract and the Device Protection Lite Plan Contract immediately. Prohibitions on Transfer and Abuse of the Device Protection Lite Plan Contract. This Device Protection Lite Plan is for Your use only. It is only transferable by ROGERS to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Device Protection Lite Plan by You, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESincluding but not limited to seeking replacement of a wireless device not belonging to You, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. A. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY CONTRARY, UNDER NO CIRCUMSTANCES OR LEGAL THEORY, WHETHER ARISING IN THIS LIMITED CONTRACT, TORT, STRICT LIABILITY, WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREININFRINGEMENT OR OTHERWISE, XXXXX MAKES NO WARRANTIESSHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, GUARANTEES CONSEQUENTIAL, SECONDARY, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY OR CONDITIONSPUNITIVE DAMAGES, EXPRESS WHICH INCLUDES BUT IS NOT LIMITED TO: I) ANY PROPERTY DAMAGE (REAL, PERSONAL, TANGIBLE OR IMPLIED, INTANGIBLE) OR PERSONAL INJURY (INCLUDING MENTAL OR EMOTIONAL DISTRESS) ARISING FROM OR RELATING ALLEGED TO HAVE ARISEN UNDER THIS AGREEMENT; II) ANY CLAIMS OR CAUSES OF ACTION THAT ARISE OR ARE ALLEGED TO HAVE ARISEN AS A RESULT OF ANY REQUIRED SPACE VENTILATION NOT MADE KNOWN IN WRITING TO XCEL ENERGY OR XCEL ENERGY'S AUTHORIZED THIRD PARTY INDEPENDENT CONTRACTOR IN WRITING PRIOR TO ANY WORK; III) ANY DAMAGES ARISING OR ALLEGED TO HAVE ARISEN FROM ANY ELECTRICAL MALFUNCTION OR THE REPAIR OR REPLACEMENT OF SUCH MALFUNCTIONING ITEMS; OR IV) ANY ENVIRONMENTAL CLAIMS, DAMAGE OR CAUSES OF ACTION. B. UNDER NO CIRCUMSTANCES WILL XCEL ENERGY OR ANY XCEL ENERGY AUTHORIZED THIRD PARTY INDEPENDENT CONTRACTOR BE HELD LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR MATTERS INVOLVING THE PURCHASE, LEASE, USE, NON-USE, OR DEVALUATION OF ANY ELECTRIC VEHICLE, PLUG-IN HYBRID VEHICLE OR ANY VEHICLE OF ANY NATURE, ANY CHARGING EQUIPMENT OR ASSOCIATED EQUIPMENT INFRASTRUCTURE WHEN APPLICABLE CODES OR STANDARDS PROHIBIT THE INSTALLATION OR USE OF SUCH VEHICLE OR EQUIPMENT. XCEL ENERGY WILL NOT PAY FOR ANY COSTS INCURRED OR DAMAGES SUSTAINED BY CUSTOMER FOR PURCHASING ANY VEHICLE OR EQUIPMENT OR OTHERWISE IN RELIANCE UPON XCEL ENERGY BEING ABLE TO PROVIDE A CHARGER TO CUSTOMER. NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED CONTRARY, UNDER NO CIRCUMSTANCES SHALL XCEL ENERGY’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF THE CHARGING EQUIPMENT PLUS INSTALLATION COSTS MADE BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO XCEL ENERGY UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE MODULES. THE REMEDIES FOR BREACH TERMINATION OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESAGREEMENT. IN NO EVENT SHALL XXXXX WILL XCEL ENERGY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY CUSTOMER FOR ANY PERFORMANCE ANALYSISCLAIMS, INSPECTIONEXPENSES, DIAGNOSISLOSSES, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER LAWSUITS ARISING OUT OF ANY INTERRUPTIONS OR RELATED TO THIS LIMITED WARRANTYDISTURBANCES IN ELECTRIC SERVICE.

Limits of Liability. NOTWITHSTANDING ANYTHING In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Premium Device Protection Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE PREMIUM DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE PREMIUM DEVICE PROTECTION PLAN CONTRACT). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE PREMIUM DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE PREMIUM DEVICE PROTECTION PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE PREMIUM DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNERand in such event We may cancel this Contract and the Premium Device Protection Plan Contract immediately. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.Prohibitions on Transfer and Abuse of the Premium Device Protection Plan Contract. This Premium Device Protection Plan is for Your use only. It is only transferable by FIDO to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Premium

Limits of Liability. NOTWITHSTANDING ANYTHING In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Premium Device Protection Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE PREMIUM DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE PREMIUM DEVICE PROTECTION PLAN CONTRACT). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE PREMIUM DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE PREMIUM DEVICE PROTECTION PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO REGARDING THE MODULES PREMIUM DEVICE PROTECTION PLAN CONTRACT AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWForce Majeure. We have no responsibility for delays or failures due to acts of God, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEfire, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGEflood, ARISING FROM OR RELATING TO THE MODULESexplosion, war, revolution, acts of public enemy or terrorist, labour difficulties, including without limitation strikes, slowdowns, picketing or boycotts, civil commotion, embargo, acts of government in, military authority, or the elements, or other causes beyond our reasonable control, and in such event We may cancel this Contract and the Premium Device Protection Plan Contract immediately. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESProhibitions on Transfer and Abuse of the Premium Device Protection Plan Contract. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISThis Premium Device Protection Plan is for Your use only. It is only transferable by FIDO to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Premium Device Protection Plan by You, INSPECTIONincluding but not limited to seeking replacement of a wireless device not belonging to You, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LIMITED WARRANTY, IT IS CLARIFIED THAT THE BENEFITS TO THE CUSTOMER (WHO MATCHES THE DEFINITION OF A CONSUMER/CUSTOMER UNDER AUSTRIALIAN CONSUMER LAWS OR NEW ZEALAND CONSUMER LAW AS APPLICABLE) UNDER THIS LIMITED WARRANTY SHALL BE IN ADDITION TO THE RIGHTS AND REMEDIES TO THE CUSTOMER UNDER A LAW IN RELATION TO THE GOODS TO WHICH THIS LIMITED WARRANTY RELATES. FURTHER, SAVE AND EXCEPT AS EXPRESSLY PROVIDED HEREINHEREIN ABOVE, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S CUSTOMERS SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY. FURTHER, NOTWITHSTANDING THE ABOVE, THE BELOW STATEMENT APPLIES TO CUSTOMERS WHO MATCHES THE DEFINITION OF CUSTOMERS UNDER THE AUSTRALIAN CONSUMER LAW: “OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.” STATUTORY RIGHTS IN NEW ZEALAND: JINKO PRODUCTS COME WITH CONSUMER GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE NZ CONSUMER GUARANTEE ACT (CGA) 1993. WHERE THE CUSTOMER IS DEFINED AS A CONSUMER UNDER THE ACT, THE CUSTOMER HAS A RIGHT OF REDRESS AGAINST XXXXX IN ACCORDANCE WITH NZ CGA 1993 IN RESPECT OF THE FAILURE OF A PRODUCT TO COMPLY WITH A GUARANTEE, THE CONSUMER MAY EXERCISE THE FOLLOWING REMEDIES: (I) WHERE THE FAILURE CANNOT BE REMEDIED OR IS OF A SUBSTANTIAL CHARACTER WITHIN THE MEANING OF SECTION 21 OF NZ CGA 1993, THE CONSUMER MAY REJECT THE PRODUCT (EXCEPT IN THE SCENARIO AS PROVIDED IN SECTION 20 OF THE CONSUMER GUARANTEES ACT, 1993) AND CHOOSE TO EITHER GET A REFUND OF ANY MONEY PAID IS RESPECT OF THE REJECTED GOODS OR GOODS OF THE SAME TYPE AND OF SIMILAR VALUE TO REPLACE THE REJECTED GOODS (WHERE SUCH GOODS ARE REASONABLY AVAILABLE TO JINKO AS A PART OF ITS STOCK) FOR THE DEFECTIVE PRODUCT OR OBTAIN FROM JINKO DAMAGES IN COMPENSATION FOR ANY REDUCTION IN VALUE OF THE PRODUCT BELOW THE PRICE PAID OR PAYABLE BY THE CONSUMER FOR THE DEFECTIVE PRODUCT. (II) WHERE XXXXX DOES NOT REMEDY THE FAILURE WITHIN A REASONABLE TIME, THE CONSUMER MIGHT HAVE THE FAILURE REMEDIED ELSEWHERE AND OBTAIN FROM JINKO ALL REASONABLE COSTS INCURRED IN HAVING THE FAILURE REMEDIED OR MIGHT REJECT THE (EXCEPT IN THE SCENARIO AS PROVIDED IN SECTION 20 OF THE CONSUMER GUARANTEES ACT, 1993) DEFECTIVE PRODUCT AND CHOOSE TO EITHER GET A REFUND OF ANY MONEY PAID IS RESPECT OF THE REJECTED GOODS OR GOODS OF THE SAME TYPE AND OF SIMILAR VALUE TO REPLACE THE REJECTED GOODS (WHERE SUCH GOODS ARE REASONABLY AVAILABLE TO JINKO AS A PART OF ITS STOCK) FOR THE DEFECTIVE PRODUCT. (III) IN ADDITION TO THE REMEDIES SET OUT ABOVE, THE CONSUMER MAY OBTAIN FROM JINKO DAMAGES FOR ANY LOSS OR DAMAGE TO THE CONSUMER RESULTING FROM THE FAILURE (OTHER THAN LOSS OR DAMAGE THROUGH REDUCTION IN VALUE OF THE DEFECTIVE PRODUCT) WHICH WAS REASONABLY FORESEEABLE AS LIABLE TO RESULT FROM THE FAILURE. TO THE EXTEND THE PRODUCT IS ACQUIRED FOR BUSINESS NEEDS, JINKO LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE STANDARD TERMS OF THE WARRANTY ANY WARRANTY GIVEN TO THE CUSTOMER IN RELATION TO JINKO PRODUCTS BY A NZ DEALER OR NZ ONSELLER (OTHER THAN THE WARRANTY PROVIDED IN THIS WARRANTY POLICY) IS NOT XXXXX XXXXXXXX AND IS FULL RESPONSIBILITY OF THE PROVIDER. XXXXX WILL NOT ACCEPT CLAIMS UNDER ANY SUCH WARRANTY AND WILL NOT BE LIABLE TO THE PURCHASER OR ANY THIRD PARTY WITH RESPECT TO ANY SUCH WARRANTY.

Limits of Liability. NOTWITHSTANDING ANYTHING In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Device Protection Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION PLAN CONTRACT). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO REGARDING THE MODULES DEVICE PROTECTION PLAN CONTRACT AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWForce Majeure. We have no responsibility for delays or failures due to acts of God, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEfire, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGEflood, ARISING FROM OR RELATING TO THE MODULESexplosion, war, revolution, acts of public enemy or terrorist, labour difficulties, including without limitation strikes, slowdowns, picketing or boycotts, civil commotion, embargo, acts of government in, military authority, or the elements, or other causes beyond our reasonable control, and in such event We may cancel this Contract and the Device Protection Plan Contract immediately. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESProhibitions on Transfer and Abuse of the Device Protection Plan Contract. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISThis Device Protection Plan is for Your use only. It is only transferable by XXXXXX to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Device Protection Plan by You, INSPECTIONincluding but not limited to seeking replacement of a wireless device not belonging to You, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. NOTWITHSTANDING ANYTHING A. It is agreed by the parties that Honeywell is providing a notification service designed to facilitate the Customer’s communications with its members; that the payments provided are based solely on the value of the services described and are unrelated to the value of anything else; that Honeywell is not liable for losses, damages, or emotional distress which may occur in cases of malfunction or non function of service provided by Honeywell; that Honeywell is not liable for losses which may occur in the repairing, signal handling or any other aspect of the service, even if due to Honeywell’s negligence or failure of performance; that Honeywell is not liable for losses, damages, or emotional distress resulting from failures of telecommunication systems, network providers, or power providers to either the Customer Site or Honeywell’s service sites. B. IT IS AGREED THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE IN SITUATIONS WHERE THERE MAY BE A FAILURE OF THE SERVICE PROVIDED, DUE TO THE CONTRARY IN UNCERTAIN VALUE OF CUSTOMER’S SITUATION WHICH MAY BE AFFECTED BY OCCURRENCES WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DO, INABILITY OF HONEYWELL TO GUARANTEE ALERT RESPONSE TIME, AND ESTABLISHING A CAUSAL CONNECTION BETWEEN THE SYSTEM OR SERVICE PROBLEMS AND CUSTOMER’S POSSIBLE OUTCOMES. THEREFORE IF ARTICLE 4A IS JUDICIALLY DETERMINED TO BE INVALID OR UNENFORCEABLE AND ANY LIABILITY IS JUDICIALLY IMPOSED ON HONEYWELL, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, FOR PROPERTY DAMAGE OR PERSONAL INJURY, SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO ONE MONTH SERVICE CHARGE. THIS LIMITED WARRANTYSUM SHALL BE PAID AND RECEIVED EITHE R (I) AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, EXCEPT OR (ii) AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO A LIMITATION OF LIABILITY APPROVED AND AGREED UPON BY THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULESPARTIES. THE REMEDIES FOR BREACH PAYMENT OF THIS WARRANTY ARE CUSTOMERAMOUNT SHALL BE HONEYWELL’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM LIABILITY REGARDLESS OF WHETHER LOSS OR RELATING TO ANY BREACH DAMAGE IS CAUSED BY THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT OR BY NEGLIGENCE, ACTIVE OR OTHERWISE, OF HONEYWELL, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST HONEYWELL MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE WARRANTIESCAUSE OF ACTION THEREOF. C. Customer will be responsible for the consequences of any instructions to Honeywell, for Customer’s failure to use the Services in the manner prescribed by Honeywell, and any failure by Customer to supply accurate input information. Honeywell’s sole liability to Customer or any third party for claims of any type or character arising from errors or omissions in the service that Honeywell may have caused is to correct the affected Customer data. D. SINCE THE PARTIES AGREE THAT CUSTOMER RETAINS SOLE RESPONSIBILITY FOR COMMUNICATING WITH ITS MEMBERS, CUSTOMER AGREES TO INDEMNIFY AND SAVE HARMLESS HONEYWELL, ITS EMPLOYEES, ASSIGNS AND AGENTS, FROM AND AGAINST ALL CLAIMS, LAWSUITS AND LOSSES, BY PERSONS NOT A PARTY TO THIS AGREEMENT, ALLEGED TO BE CAUSED BY THE IMPROPER OPERATION OF THE SYSTEM, WHETHER DUE TO MALFUNCTIONING OR NONFUNCTIONING OF THE SYSTEM OR THE NEGLIGENT PERFORMANCE OR NONPERFORMANCE BY HONEYWELL OF THE INSTALLATION, MAINTENANCE, OR ANY ASPECTS OF THE SERVICE. E. IN NO EVENT SHALL XXXXX WILL HONEYWELL, ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISCONSEQUENTIAL, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY SPECIAL OR CONSEQUENTIAL INCIDENTAL DAMAGES OF ANY NATURE WHATSOEVER. HONEYWELL MAKES NO WARRANTIES CONCERNING ANY EQUIPMENT OR DEVICES ATTACHED TO CUSTOMER’S SYSTEM. F. Paragraphs A through E of the Article 4 shall apply to any other company or entity which, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEin addition to Honeywell, LOSS OF PROFITS OR REVENUEpromotes, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmarkets or endorses the installation or maintenance provided hereunder.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.,

Limits of Liability. NOTWITHSTANDING ANYTHING A. It is agreed by the parties that Honeywell is providing a notification service designed to facilitate the Customer’s communications with its members; that the payments provided are based solely on the value of the services described and are unrelated to the value of anything else; that Honeywell is not liable for losses, damages, or emotional distress which may occur in cases of malfunction or non function of service provided by Honeywell; that Honeywell is not liable for losses which may occur in the repairing, signal handling or any other aspect of the service, even if due to Honeywell’s negligence or failure of performance; that Honeywell is not liable for losses, damages, or emotional distress resulting from failures of telecommunication systems, network providers, or power providers to either the Customer Site or Honeywell’s service sites. B. IT IS AGREED THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE IN SITUATIONS WHERE THERE MAY BE A FAILURE OF THE SERVICE PROVIDED, DUE TO THE CONTRARY IN UNCERTAIN VALUE OF CUSTOMER’S SITUATION WHICH MAY BE AFFECTED BY OCCURRENCES WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DO, INABILITY OF HONEYWELL TO GUARANTEE ALERT RESPONSE TIME, AND ESTABLISHING A CAUSAL CONNECTION BETWEEN THE SYSTEM OR SERVICE PROBLEMS AND CUSTOMER’S POSSIBLE OUTCOMES. THEREFORE IF ARTICLE 4A IS JUDICIALLY DETERMINED TO BE INVALID OR UNENFORCEABLE AND ANY LIABILITY IS JUDICIALLY IMPOSED ON HONEYWELL, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, FOR PROPERTY DAMAGE OR PERSONAL INJURY, SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO ONE MONTH SERVICE CHARGE. THIS LIMITED WARRANTYSUM SHALL BE PAID AND RECEIVED EITHER (I) AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, EXCEPT OR (ii) AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO A LIMITATION OF LIABILITY APPROVED AND AGREED UPON BY THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULESPARTIES. THE REMEDIES FOR BREACH PAYMENT OF THIS WARRANTY ARE CUSTOMERAMOUNT SHALL BE HONEYWELL’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM LIABILITY REGARDLESS OF WHETHER LOSS OR RELATING TO ANY BREACH DAMAGE IS CAUSED BY THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT OR BY NEGLIGENCE, ACTIVE OR OTHERWISE, OF HONEYWELL, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST HONEYWELL MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE WARRANTIESCAUSE OF ACTION THEREOF. C. Customer will be responsible for the consequences of any instructions to Honeywell, for Customer’s failure to use the Services in the manner prescribed by Honeywell, and any failure by Customer to supply accurate input information. Honeywell’s sole liability to Customer or any third party for claims of any type or character arising from errors or omissions in the service that Honeywell may have caused is to correct the affected Customer data. D. SINCE THE PARTIES AGREE THAT CUSTOMER RETAINS SOLE RESPONSIBILITY FOR COMMUNICATING WITH ITS MEMBERS, CUSTOMER AGREES TO INDEMNIFY AND SAVE HARMLESS HONEYWELL, ITS EMPLOYEES, ASSIGNS AND AGENTS, FROM AND AGAINST ALL CLAIMS, LAWSUITS AND LOSSES, BY PERSONS NOT A PARTY TO THIS AGREEMENT, ALLEGED TO BE CAUSED BY THE IMPROPER OPERATION OF THE SYSTEM, WHETHER DUE TO MALFUNCTIONING OR NONFUNCTIONING OF THE SYSTEM OR THE NEGLIGENT PERFORMANCE OR NONPERFORMANCE BY HONEYWELL OF THE INSTALLATION, MAINTENANCE, OR ANY ASPECTS OF THE SERVICE. E. IN NO EVENT SHALL XXXXX WILL HONEYWELL, ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISCONSEQUENTIAL, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY SPECIAL OR CONSEQUENTIAL INCIDENTAL DAMAGES OF ANY NATURE WHATSOEVER. HONEYWELL MAKES NO WARRANTIES CONCERNING ANY EQUIPMENT OR DEVICES ATTACHED TO CUSTOMER’S SYSTEM. F. Paragraphs A through E of the Article 4 shall apply to any other company or entity which, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEin addition to Honeywell, LOSS OF PROFITS OR REVENUEpromotes, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmarkets or endorses the installation or maintenance provided hereunder.

Limits of Liability. NOTWITHSTANDING ANYTHING TAM’S TOTAL LIABILITY FOR ANY CLAIM OF ANY TYPE WHATSOVEVER IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY TAM’S SOLE NEGLIGENCE. THE CONTRARY CUSTOMER’S EXCLUSIVE REMEDY FOR ANY CLAIM OF NEGLIGENCE WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF LIABILITY. TAM SHALL NOT BE LIABLE IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY CONTRACT LAW, INCLUDING IMPLIED WARRANTIES TORT, OR ANY OTHER THEORY OF PERFORMANCELAW, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISINDIRECT, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTSPUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVEEXEMPLARY, EXEMPLARY EXTRACONTRACTUAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES DAMAGE PERTAINING TO THE MAINTENANCE SERVICE OR DAMAGES CAUSED BY REASON OF EQUIPMENT OUTLINED IN THIS AGREEMENT. NOR WILL TAM BE LIABLE FOR LOSS OF USEPROFITS, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITYBUSINESS, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL CAPITAL, COST OF SUBSTITUTED FACILITIES OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTYEQUIPMENT, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT SERVICE DOWN-TIME COSTS. THIS LIMIT OF OR RELATED LIABILITY SHALL ALSO EXTEND TO THIS LIMITED WARRANTY.CUSTOMERS OF THE CUSTOMER, NO

Limits of Liability. NOTWITHSTANDING ANYTHING EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS IN SECTION 14, OR EITHER PARTY’S BREACH OF CONFIDENTIALITY IN SECTION 10, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CLAIM FOR ANY INDIRECT, WILLFUL, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF GOODWILL, FOR LOSS OF BUSINESS PROFITS, OR DAMAGES FOR LOSS OF BUSINESS, OR LOSS OR INACCURACY OF DATA OF ANY KIND, OR OTHER INDIRECT ECONOMIC DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE AGGREGATE AMOUNT OF ANY AND ALL LIABILITY OF ONE PARTY TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, OTHER FOR ANY CLAIM(S) ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS AGREEMENT, SHALL NOT EXCEED, IN ANY WARRANTY OR GUARANTEE IMPLIED BY LAWEVENT, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH GREATER OF THE WARRANTIESTOTAL AMOUNT PAID OR PAYABLE BY PARTNER UNDER THIS AGREEMENT FOR THE PRECEDING TWELVE (12) MONTH PERIOD OR FIVE HUNDRED THOUSAND DOLLARS ($500,000). IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT LYFT’S LIABILITY EXCEED TWO MILLION DOLLARS ($2,000,000). THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO THIS WARRANTY OUTSTANDING AMOUNTS OWED BY COUNTY FOR ANY PERFORMANCE ANALYSISCHARGES INCURRED BY USERS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY LYFT’S COMMERCIAL AUTOMOBILE LIABILITY POLICY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED LYFT’S GENERAL LIABILITY POLICY. THE COUNTY’S LIMITS ON LIABILITY IS GOVERNED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNERMINN. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYSTAT. CH. 466.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTYFULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR EITHER PARTY’S BREACH OF CONFIDENTIALITY AND EXCEPT, AS EXPRESSLY PROVIDED HEREINAPPLICABLE, XXXXX MAKES SET FORTH IN EXHIBIT A, IN NO WARRANTIESEVENT SHALL EITHER PARTY BE LIABLE FOR ANY CLAIM FOR ANY INDIRECT, GUARANTEES PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONDITIONSCONSEQUENTIAL DAMAGES, EXPRESS FOR LOSS OF GOODWILL, FOR LOSS OF BUSINESS PROFITS, OR IMPLIEDDAMAGES FOR LOSS OF BUSINESS, OR LOSS OR INACCURACY OF DATA OF ANY KIND, OR OTHER INDIRECT ECONOMIC DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. EXCEPT FOR EITHER PARTY’S BREACH OF CONFIDENTIALITY, THE AGGREGATE AMOUNT OF ANY AND ALL LIABILITY OF ONE PARTY TO THE OTHER FOR ANY CLAIM(S) ARISING FROM OR RELATING TO THE MODULES AGREEMENT, SHALL BE LIMITED TO DIRECT PROVABLE DAMAGES AND JINKO DISCLAIMS SHALL NOT EXCEED, IN ANY WARRANTY OR GUARANTEE IMPLIED EVENT, FIVE HUNDRED THOUSAND DOLLARS ($5000,000). THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO OUTSTANDING AMOUNTS OWED BY LAWUNIVERSITY FOR CHARGES INCURRED BY RIDERS, INCLUDING IMPLIED WARRANTIES NOR SHALL IT LIMIT THE SCOPE OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULESLYFT’S COMMERCIAL AUTOMOBILE LIABILITY POLICY. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING NO LIMITATIONS SHALL APPLY TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES LIABLITY AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW A PARTY’S GROSS NEGLIGENCE OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYWILLFUL MISCONDUCT.

Limits of Liability. NOTWITHSTANDING ANYTHING (a) FOR ANY BREACH OR DEFAULT BY IAMTREKED OF ANY OF THE PROVISIONS OF THIS AGREEMENT, OR WITH RESPECT TO ANY CLAIM ARISING HEREFROM OR RELATED HERETO, IAMTREKED ENTIRE LIABILITY SHALL IN NO EVENT EXCEED THE CONTRARY LESSER OF THE FOLLOWING: (i) THE FEES PAID TO IAMTREKED BY CUSTOMER PURSUANT TO THIS AGREEMENT IN THE CALENDAR MONTH IMMEDIATELY PRECEDING THE CLAIM, OR (ii) IN THE AGGREGATE WITH RESPECT TO ALL CLAIMS MADE UNDER OR RELATED TO THIS LIMITED WARRANTYAGREEMENT, EXCEPT THE AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT. (b) IN NO EVENT WILL IAMTREKED BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF COVER, DAMAGES FOR DELAY, PUNITIVE OR EXEMPLARY DAMAGES, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR ANY CLAIM AGAINST CUSTOMER BY ANY OTHER PERSON, EVEN IF IAMTREKED HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. ANY DISCLAIMERS AND EXCLUSIONS OF LIABILITY IN THESE TERMS & CONDITIONS SHALL NOT APPLY TO ANY DAMAGES ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF PERFORMANCE IAMTREKED TRACKER SERCIVE, INC PRODUCTS OR ANY OF ITS EMPLOYEES OR AGENTS OR FRAUD. (c) IAMTREKED SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR SERVICES, INCLUDING THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. (d) IAMTREKED SHALL BE LIABLE TO CUSTOMER ONLY AS EXPRESSLY PROVIDED HEREININ THIS AGREEMENT BUT SHALL HAVE NO OTHER OBLIGATION, XXXXX MAKES NO WARRANTIESDUTY, GUARANTEES OR CONDITIONSLIABILITY WHATSOEVER IN CONTRACT, EXPRESS TORT (INCLUDING NEGLIGENCE) OR IMPLIEDOTHERWISE TO CUSTOMER. THE LIMITATIONS, ARISING FROM EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED ACTION BY LAWCUSTOMER, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE ADDITIONAL RIGHTS NOT STATED IN THIS DOCUMENT. (INCLUDING NEGLIGENCEe) Neither party shall be responsible or liable for any loss, damage nor costs suffered by the other or by any third person, to the extent that such loss, damage or cost is caused by the failure of the other party to comply with its obligations under this Agreement. (f) Neither party may bring an action, regardless of form, arising out of or related to this Agreement (other than to recover fees or expenses due to IamTreked) more than one year after the cause of action has arisen or the date of discovery of such cause, whichever is later. (g) Customer agrees to indemnify and hold IamTreked, its affiliates, employees, officers, directors and shareholders harmless from and against any claims, suits, actions or proceedings (Claims) brought and damages, costs (including attorneys fees) or judgments awarded against IamTreked that arise from or in connection with: (i) Claims by any person or entity to the extent that such Claims are based upon or arise out of Customers use of the Service or Customers actions; (ii) breach by Customer of this Agreement; or (iii) Customers failure to comply with all applicable laws. IamTreked shall give Customer prompt written notice of such Claims, permit Customer to defend (with counsel reasonably acceptable to IamTreked) and/or settle such Claims (upon terms reasonably acceptable to IamTreked), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYand give Customer all information and assistance reasonably requested by Customer in connection with such Claims.

Limits of Liability. NOTWITHSTANDING ANYTHING U.S. CELLULAR’S LIABILITY REGARDING YOUR USE OF THE SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CONTRARY IN CHARGES YOU INCUR FOR SERVICES OR EQUIPMENT DURING THE AFFECTED PERIOD. THIS LIMITED MEANS U.S. CELLULAR IS NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEYS’ FEES. U.S. CELLULAR MAKES NO WARRANTY REGARDING THE SERVICES, EQUIPMENT AND SOFTWARE AND DISCLAIMS ANY IMPLIED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULESEXTENT PERMITTED BY STATE LAW. THE REMEDIES U.S. CELLULAR IS NOT RESPONSIBLE FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERCIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING LOSSES WITHOUT LIMITATION, ACTS OR DAMAGES CAUSED BY REASON OMISSIONS OF LOSS OF USEOTHERS, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTYATMOSPHERIC CONDITIONS, OR FOR OTHER LOSS ACTS OF GOD. U.S. CELLULAR DOES NOT MANUFACTURE EQUIPMENT OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF SOFTWARE, AND YOUR ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR RELATED SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER UNLESS AND ONLY TO THIS LIMITED WARRANTYTHE EXTENT THAT APPLICABLE STATE LAW IMPOSES WARRANTY OBLIGATIONS ON U.S. CELLULAR.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT ONLY AS MAY BE EXPRESSLY PROVIDED SET FORTH HEREIN, XXXXX MAKES NO WARRANTIESCONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM PURPOSE, ERROR‐FREE OPERATION, PERFORMANCE, ACCURACY, OR USAGE, NON‐INFRINGEMENT. EXCEPT TO THE EXTENT ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES MUNICIPALITY’S PAYMENT OBLIGATIONS FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. SERVICES, IN NO EVENT SHALL XXXXX CONSULTANT OR MUNICIPALITY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY ONE ANOTHER FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERRELIANCE, INCLUDING LOSSES EXEMPLARY, OR DAMAGES CAUSED BY REASON INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES. LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF LOSS THE FORM OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESACTION, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF IN CONTRACT, TORT LIABILITY (INCLUDING INDEMNITY, NEGLIGENCE), WARRANTY, STRICT LIABILITY, BY OPERATION OR TORT, EVEN IF ADVISED OF LAW OR IN THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY OTHER MANNERREMAINING REMEDY. EXCEPT AS SET OUT WITH RESPECT TO PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING OUT BY NEGLIGENCE, INTENTIONAL CONDUCT, OR OTHERWISE) EXCEED THE GREATER OF OR RELATED THE AMOUNT OF FEES PAID TO CONSULTANT PURSUANT TO THIS LIMITED WARRANTYAGREEMENT OR THE AVAILABLE LIMITS OF CONSULTANTS INSURANCE (SUCH LIMITS DEFINE MUNICIPAL MAXIMUM LIABILITY TO THE SAME EXTENT AS IF MUNICIPALITY HAD BEEN OBLIGATED TO PURCHASE THE POLICIES).

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT ONLY AS MAY BE EXPRESSLY PROVIDED SET FORTH HEREIN, XXXXX MAKES NO WARRANTIESCONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR USAGE, NON-INFRINGEMENT. EXCEPT TO THE EXTENT ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES MUNICIPALITY’S PAYMENT OBLIGATIONS FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. SERVICES, IN NO EVENT SHALL XXXXX CONSULTANT OR MUNICIPALITY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY ONE ANOTHER FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY RELIANCE, EXEMPLARY, OR CONSEQUENTIAL SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE FORM OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESACTION, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF IN CONTRACT, TORT LIABILITY (INCLUDING INDEMNITY, NEGLIGENCE), WARRANTY, STRICT LIABILITY, BY OPERATION OR TORT, EVEN IF ADVISED OF LAW OR IN THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY OTHER MANNERREMAINING REMEDY. EXCEPT AS SET OUT WITH RESPECT TO PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING OUT BY NEGLIGENCE, INTENTIONAL CONDUCT, OR OTHERWISE) EXCEED THE GREATER OF OR RELATED THE AMOUNT OF FEES PAID TO CONSULTANT PURSUANT TO THIS LIMITED WARRANTYAGREEMENT OR THE AVAILABLE LIMITS OF CONSULTANTS INSURANCE (SUCH LIMITS DEFINE MUNICIPAL MAXIMUM LIABILITY TO THE SAME EXTENT AS IF MUNICIPALITY HAD BEEN OBLIGATED TO PURCHASE THE POLICIES). EXCEPT WITH RESPECT TO PAYMENT OBLIGATIONS, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY NEGLIGENCE, INTENDED CONDUCT, OR OTHERWISE) EXCEED $2,000,000.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY. Notwithstanding the above, the following statement applies to Customers, who matches the definition of “Consumers” under the Australian Consumer Law: “Our goods come with guaranties that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

Limits of Liability. NOTWITHSTANDING ANYTHING 1.29 UNLESS EXPRESSLY PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW, OR UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, OUR LIABILITY IS LIMITED AS FOLLOWS: WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR (I) YOUR ACTS OR OMISSIONS OR THOSE OF ANY THIRD PARTY, (II) THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO ANY CLEARING HOUSE ASSOCIATION, TRANSACTION PROCESSING NETWORK, LICENSOR OR PROCESSOR, ANY FEDERAL RESERVE BANK, ANY OTHER FINANCIAL INSTITUTION OR ANY SUPPLIER, ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILITY, ANY TIME- SHARING SUPPLIER OR ANY MAIL OR COURIER SERVICE, AND NO SUCH PERSON OR ENTITY WILL BE DEEMED OUR AGENT, (III) FOR ANY OF OUR ACTIONS OR FAILURE TO ACT UNDER OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT TO THE CONTRARY EXTENT SUCH CONDUCT CONSTITUTES WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR (IV) FOR ANY FAILURE OR DELAY IN PERFORMING ANY OF OUR OBLIGATIONS UNDER THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES AGREEMENT IF SUCH FAILURE OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED DELAY IS CAUSED BY LAWCIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING IMPLIED WARRANTIES ANY NATURAL DISASTER (SUCH AS EARTHQUAKES OR FLOODS), EMERGENCY CONDITIONS (SUCH AS WAR, RIOT, FIRE, THEFT OR LABOR DISPUTE OR DIFFICULTIES), LEGAL CONSTRAINT OR GOVERNMENTAL ACTION OR INACTION, BREAKDOWN OR FAILURE OF PERFORMANCEOUR COMPUTER, MERCHANTABILITY TRANSMISSION OR FITNESS FOR COMMUNICATIONS FACILITIES AND EQUIPMENT OR OF THIRD PARTIES, BREAKDOWN OF ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILTIES, ANY TIME- SHARING SUPPLIER AND ANY MAIL OR COURIER SERVICE, OR YOUR ACT, OMISSION, NEGLIGENCE OR FAULT. IF A PARTICULAR PURPOSE AND IMPLIED WARRANTIES COURT FINDS THAT WE ARE LIABLE TO YOU BECAUSE OF CUSTOM OUR ACTS OR USAGE, ARISING OMISSIONS IN CONNECTION WITH THIS AGREEMENT YOU MAY RECOVER FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESUS ONLY YOUR ACTUAL DAMAGES. IN NO EVENT SHALL XXXXX WILL YOU BE RESPONSIBLE PURSUANT ABLE TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, RECOVER FROM US INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE POSSIBILITY OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER SUCH DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE Z h^dKD Z͛^ ^K> E y >h^/s REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.

Limits of Liability. NOTWITHSTANDING ANYTHING UNLESS EXPRESSLY PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW, OR UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, OUR LIABILITY IS LIMITED AS FOLLOWS: WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR (I) YOUR ACTS OR OMISSIONS OR THOSE OF ANY THIRD PARTY, (II) THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO ANY CLEARING HOUSE ASSOCIATION, TRANSACTION PROCESSING NETWORK, LICENSOR OR PROCESSOR, ANY FEDERAL RESERVE BANK, ANY OTHER FINANCIAL INSTITUTION OR ANY SUPPLIER, ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILITY, ANY TIME- SHARING SUPPLIER OR ANY MAIL OR COURIER SERVICE, AND NO SUCH PERSON OR ENTITY WILL BE DEEMED OUR AGENT, (III) FOR ANY OF OUR ACTIONS OR FAILURE TO ACT UNDER OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT TO THE CONTRARY EXTENT SUCH CONDUCT CONSTITUTES WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR (IV) FOR ANY FAILURE OR DELAY IN PERFORMING ANY OF OUR OBLIGATIONS UNDER THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES AGREEMENT IF SUCH FAILURE OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED DELAY IS CAUSED BY LAWCIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING IMPLIED WARRANTIES ANY NATURAL DISASTER (SUCH AS EARTHQUAKES OR FLOODS), EMERGENCY CONDITIONS (SUCH AS WAR, RIOT, FIRE, THEFT OR LABOR DISPUTE OR DIFFICULTIES), LEGAL CONSTRAINT OR GOVERNMENTAL ACTION OR INACTION, BREAKDOWN OR FAILURE OF PERFORMANCEOUR COMPUTER, MERCHANTABILITY TRANSMISSION OR FITNESS FOR COMMUNICATIONS FACILITIES AND EQUIPMENT OR OF THIRD PARTIES, BREAKDOWN OF ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILTIES, ANY TIME-SHARING SUPPLIER AND ANY MAIL OR COURIER SERVICE, OR YOUR ACT, OMISSION, NEGLIGENCE OR FAULT. IF A PARTICULAR PURPOSE AND IMPLIED WARRANTIES COURT FINDS THAT WE ARE LIABLE TO YOU BECAUSE OF CUSTOM OUR ACTS OR USAGE, ARISING OMISSIONS IN CONNECTION WITH THIS AGREEMENT YOU MAY RECOVER FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESUS ONLY YOUR ACTUAL DAMAGES. IN NO EVENT SHALL XXXXX WILL YOU BE RESPONSIBLE PURSUANT ABLE TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, RECOVER FROM US INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE POSSIBILITY OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER SUCH DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT ONLY AS MAY BE EXPRESSLY PROVIDED SET FORTH HEREIN, XXXXX MAKES NO WARRANTIESCONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR USAGE, NON-INFRINGEMENT. EXCEPT TO THE EXTENT ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES DISTRICT’S PAYMENT OBLIGATIONS FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. SERVICES, IN NO EVENT SHALL XXXXX CONSULTANT OR DISTRICT BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY ONE ANOTHER FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY RELIANCE, EXEMPLARY, OR CONSEQUENTIAL SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE FORM OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESACTION, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF IN CONTRACT, TORT LIABILITY (INCLUDING INDEMNITY, NEGLIGENCE), WARRANTY, STRICT LIABILITY, BY OPERATION OR TORT, EVEN IF ADVISED OF LAW OR IN THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY OTHER MANNERREMAINING REMEDY. EXCEPT AS SET OUT WITH RESPECT TO PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL THE LIABILITY OF DISTRICT OR CONSULTANT UNDER THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING OUT BY NEGLIGENCE, INTENTIONAL CONDUCT, OR OTHERWISE) EXCEED THE AVAILABLE LIMITS OF CONSULTANTS REQUIRED INSURANCE SPECIFIED IN SECTION 15 (SUCH LIMITS DEFINE DISTRICT MAXIMUM LIABILITY TO THE SAME EXTENT AS IF DISTRICT HAD BEEN OBLIGATED TO PURCHASE THE POLICIES). THE FOREGOING SHALL NOT CONSTITUTE A WAIVER OR RELATED RELEASE OF ANY CLAIM THAT IS NOT COVERED BY INSURANCE, OR MODIFY, LIMIT OR WAIVE PROTECTIONS, IMMUNITY AND/OR LIMITATIONS AFFORDED TO THIS LIMITED WARRANTYDISTRICT BY THE GOVERNMENTAL IMMUNITY ACT OF UTAH (TITLE 63G, CHAPTER 7 OF THE UTAH CODE), BUT IT DOES OTHERWISE PLACE A LIMIT OF $1,000,000 PER OCCURRENCE AND $2,000,000 IN THE AGGREGATE FOR ANY SUCH CLAIM.

Limits of Liability. NOTWITHSTANDING ANYTHING In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Premium Device Protection Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE PREMIUM DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE PREMIUM DEVICE PROTECTION PLAN CONTRACT). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE PREMIUM DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE PREMIUM DEVICE PROTECTION PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE PREMIUM DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITYand in such event We may cancel this Contract and the Premium Device Protection Plan Contract immediately. Prohibitions on Transfer and Abuse of the Premium Device Protection Plan Contract. This Premium Device Protection Plan is for Your use only. It is only transferable by ROGERS to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Premium Device Protection Plan by You, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.including but not limited to seeking replacement

Limits of Liability. NOTWITHSTANDING ANYTHING Not applicable in Québec: In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Device Protection Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY IN CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION PLAN CONTRACT). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED WARRANTYTO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREINSTATED IN CONTRACT, XXXXX MAKES NO WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH COURSE OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYPERFORMANCE.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT ONLY AS MAY BE EXPRESSLY PROVIDED SET FORTH HEREIN, XXXXX MAKES NO WARRANTIESCONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESNON-INFRINGEMENT. IN NO EVENT SHALL XXXXX CONSULTANT OR MUNICIPALITY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY ONE ANOTHER FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY RELIANCE, EXEMPLARY, OR CONSEQUENTIAL SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE FORM OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESACTION, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF IN CONTRACT, TORT LIABILITY (INCLUDING INDEMNITY, NEGLIGENCE), WARRANTY, STRICT LIABILITY, BY OPERATION OR TORT, EVEN IF ADVISED OF LAW OR IN THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY OTHER MANNERREMAINING REMEDY. EXCEPT AS SET OUT WITH RESPECT TO PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING OUT BY NEGLIGENCE, INTENTIONAL CONDUCT, OR OTHERWISE) EXCEEDTHE GREATER OF OR RELATED THE AMOUNT OF FEES PAID TO CONSULTANT PURSUANT TO THIS LIMITED WARRANTYAGREEMENT OR THE AVAILABLE LIMITS OF CONSULTANTS INSURANCE (SUCH LIMITS DEFINE MUNICIPAL MAXIMUM LIABILITY TO THE SAME EXTENT AS IF MUNICIPALITY HAD BEEN OBLIGATED TO PURCHASE THE POLICIES).

Limits of Liability. NOTWITHSTANDING ANYTHING UNLESS EXPRESSLY PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW, OR UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, OUR LIABILITY IS LIMITED AS FOLLOWS: WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR (I) YOUR ACTS OR OMISSIONS OR THOSE OF ANY THIRD PARTY, (II) THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO ANY CLEARING HOUSE ASSOCIATION, TRANSACTION PROCESSING NETWORK, LICENSOR OR PROCESSOR, ANY FEDERAL RESERVE BANK, ANY OTHER FINANCIAL INSTITUTION OR ANY SUPPLIER, ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILITY, ANY TIME- SHARING SUPPLIER OR ANY MAIL OR COURIER SERVICE, AND NO SUCH PERSON OR ENTITY WILL BE DEEMED OUR AGENT, (III) FOR ANY OF OUR ACTIONS OR FAILURE TO ACT UNDER OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT TO THE CONTRARY EXTENT SUCH CONDUCT CONSTITUTES WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR (IV) FOR ANY FAILURE OR DELAY IN PERFORMING ANY OF OUR OBLIGATIONS UNDER THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES AGREEMENT IF SUCH FAILURE OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED DELAY IS CAUSED BY LAWCIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING IMPLIED WARRANTIES ANY NATURAL DISASTER (SUCH AS EARTHQUAKES OR FLOODS), EMERGENCY CONDITIONS (SUCH AS WAR, RIOT, FIRE, THEFT OR LABOR DISPUTE OR DIFFICULTIES), LEGAL CONSTRAINT OR GOVERNMENTAL ACTION OR INACTION, BREAKDOWN OR FAILURE OF PERFORMANCEOUR COMPUTER, MERCHANTABILITY TRANSMISSION OR FITNESS FOR COMMUNICATIONS FACILITIES AND EQUIPMENT OR OF THIRD PARTIES, BREAKDOWN OF ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILTIES, ANY TIME- SHARING SUPPLIER AND ANY MAIL OR COURIER SERVICE, OR YOUR ACT, OMISSION, NEGLIGENCE OR FAULT. IF A PARTICULAR PURPOSE AND IMPLIED WARRANTIES COURT FINDS THAT WE ARE LIABLE TO YOU BECAUSE OF CUSTOM OUR ACTS OR USAGE, ARISING OMISSIONS IN CONNECTION WITH THIS AGREEMENT YOU MAY RECOVER FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESUS ONLY YOUR ACTUAL DAMAGES. IN NO EVENT SHALL XXXXX WILL YOU BE RESPONSIBLE PURSUANT ABLE TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, RECOVER FROM US INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE POSSIBILITY OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER SUCH DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.

Limits of Liability. 12.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY ANY TERM OR PROVISION CONTAINED IN THIS LIMITED WARRANTYAGREEMENT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT WHATSOEVER SHALL XXXXX EITHER PARTY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY THE OTHER PARTY OR TO ANY OTHER PERSON, FIRM OR CORPORATION, FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVESPECIAL, CONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES, OR OTHER SIMILAR TYPE OF DAMAGES, INCLUDING YET NOT LIMITED TO DAMAGES BASED UPON LOSS OF PROFITS AND/OR LOSS OF BUSINESS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE PERFORMANCE THEREOF, THE USE OF THE PRODUCTS PROMISED OR SERVICES DELIVERED PURSUANT TO THIS AGREEMENT, AND/OR A PARTY'S ALLEGED BREACH OF THIS AGREEMENT, WHETHER OR NOT THE OTHER PARTY IS INFORMED, KNEW OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 12.2. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON, FIRM OR CORPORATION, FOR DAMAGES OF ANY NATURE WHATSOEVERKIND ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, INCLUDING LOSSES THE PERFORMANCE THEREOF, THE PRODUCTS OR DAMAGES CAUSED SERVICES DELIVERED PURSUANT TO THIS AGREEMENT, AND/OR A PARTY'S ALLEGED BREACH OF THIS AGREEMENT, IN ANY AMOUNT OF MONEY WHICH SHALL EXCEED THE AMOUNT OF THE FEE PAID BY REASON CLIENT TO iXL WITH RESPECT TO THE STATEMENT OF LOSS WORK UNDER WHICH THE CLAIM IS MADE. 12.3. THE LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO ALL CAUSES OF USEACTION, LOSS OF PROFITS OR REVENUEINCLUDING, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)YET NOT LIMITED TO, LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE)BREACH OF WARRANTY, STRICT LIABILITY, BY OPERATION NEGLIGENCE MISREPRESENTATION AND OTHER TORTS, AND LIABILITY BASED UPON THE PROVISIONS OF ANY PART OF THIS AGREEMENT AND ANY FEDERAL, STATE AND/OR LOCAL LAW AND/OR IN ANY OTHER MANNERORDINANCE. EXCEPT AS THE LIMITATIONS ON LIABILITY REPRESENT A FUNDAMENTAL TERM OF THIS AGREEMENT AND NEITHER PARTY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THEIR INCLUSION. THE LIMITATIONS ON LIABILITY SET OUT FORTH IN THIS LIMITED WARRANTY, XXXXX SECTION SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY APPLICABILITY TO PERSONS OR PROPERTYANY WARRANTY OF TITLE, OR FOR OTHER LOSS INDEMNITY AGAINST INFRINGEMENT, SET FORTH IN ANY STATEMENT OF WORK, OR INJURY RESULTING FROM TO ANY CAUSE WHATSOEVER ARISING OUT CLAIM OF OR RELATED TO THIS LIMITED WARRANTYBREACH OF ANY TERM OF SECTION 7 HEREOF.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT ONLY AS MAY BE EXPRESSLY PROVIDED SET FORTH HEREIN, XXXXX MAKES NO WARRANTIESCONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR ANY KIND, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESINFRINGEMENT. IN NO EVENT SHALL XXXXX CONSULTANT OR MUNICIPALITY BE RESPONSIBLE PURSUANT LIABLE TO THIS WARRANTY ONE ANOTHER FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY RELIANCE, EXEMPLARY, OR CONSEQUENTIAL SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES,. LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON THE FORM OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESACTION, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF IN CONTRACT, TORT LIABILITY (INCLUDING INDEMNITY, NEGLIGENCE), WARRANTY, STRICT LIABILITY, BY OPERATION OR TORT, EVEN IF ADVISED OF LAW OR IN THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY OTHER MANNERTHAN WITH RESPECT TO PAYMENT OF OBLIGATIONS FOR SERVICES. EXCEPT AS SET OUT WITH RESPECT TO PAYMENT OBLIGATIONS, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING OUT BY NEGLIGENCE, INTENDED CONDUCT, OR OTHERWISE) EXCEED THE AMOUNT OF OR RELATED FEES PAID TO CONSULTANT PURSUANT TO THIS LIMITED WARRANTYAGREEMENT.

Limits of Liability. NOTWITHSTANDING ANYTHING TAM’S TOTAL LIABILITY FOR ANY CLAIM OF ANY TYPE WHATSOVEVER IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY TAM’S SOLE NEGLIGENCE. THE CONTRARY CUSTOMER’S EXCLUSIVE REMEDY FOR ANY CLAIM OF NEGLIGENCE WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF LIABILITY. TAM SHALL NOT BE LIABLE IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY CONTRACT LAW, INCLUDING IMPLIED WARRANTIES TORT, OR ANY OTHER THEORY OF PERFORMANCELAW, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISINDIRECT, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTSPUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVEEXEMPLARY, EXEMPLARY EXTRACONTRACTUAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES DAMAGE PERTAINING TO THE MAINTENANCE SERVICE OR DAMAGES CAUSED BY REASON OF EQUIPMENT OUTLINED IN THIS AGREEMENT. NOR WILL TAM BE LIABLE FOR LOSS OF USEPROFITS, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITYBUSINESS, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL CAPITAL, COST OF SUBSTITUTED FACILITIES OR CLAIMS EQUIPMENT, OR SERVICE DOWN-TIME COSTS. THIS LIMIT OF CUSTOMER DAMAGESLIABILITY SHALL ALSO EXTEND TO CUSTOMERS OF THE CUSTOMER, NO MATTER HOW SUCH DAMAGES OCCURRED, WHETHER LIABILITY ARISES AS A RESULT OR NOT BECAUSE OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTYFAULT, OR FOR OTHER LOSS DELAY OF TAM, OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF BREACH OR RELATED FAILURE TO PERFORM THIS LIMITED WARRANTYAGREEMENT.

Limits of Liability. NOTWITHSTANDING ANYTHING U.S. CELLULAR'S LIABILITY REGARDING YOUR USE OF THE SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CONTRARY IN CHARGES YOU INCUR FOR SERVICES OR EQUIPMENT DURING THE AFFECTED PERIOD. THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY MEANS U.S. CELLULAR IS NOT LIABLE FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF (SUCH AS LOST PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREINLOST BUSINESS OPPORTUNITIES), LOSS OF BONDING CAPACITY, COST OF CAPITAL PUNITIVE OR CLAIMS OF CUSTOMER EXEMPLARY DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACTOR ATTORNEYS' FEES. USCC makes no warranty regarding the services, TORT LIABILITY equipment or software and disclaims any implied warranty, including any warranties of merchantability, infringement or fitness for a particular purpose. USCC is not responsible for circumstances beyond its control, including without limitation, acts or omissions of others, atmospheric conditions, or acts of God. USCC does not manufacture equipment or software, and customer's only warranties and representations with respect to equipment or software are those provided by the manufacturer (INCLUDING NEGLIGENCEwith respect to which USCC has no liability whatsoever), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX USCC SHALL HAVE NO RESPONSIBILITY LIABILITY TO CUSTOMER OR LIABILITY WHATSOEVER ANY END USER FOR DAMAGE ANY PORTION OF THE SERVICE PROVIDED BY RIM, ITSELF OR INJURY TO PERSONS THROUGH OR PROPERTYIN CONJUNCTION WITH USCC, OR FOR OTHER LOSS THE ACCURACY, TIMELINESS OR INJURY RESULTING FROM CONTINUED AVAILABILITY OF ANY CAUSE WHATSOEVER ARISING OUT SUCH SERVICE. USCC SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY END USER FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION WITH RESPECT TO ANY ELEMENT OF THE BLACKBERRY PORTION OF THE SERVICE PROVIDED BY ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, BY RIM, THROUGH OR RELATED TO THIS LIMITED WARRANTYIN CONJUNCTION WITH USCC. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USCC SPECIFICALLY DISCLAIMS THE SUITABILITY OF THE SERVICE FOR USE IN MISSION CRITICAL APPLICATIONS OR IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL AND LIFE SUPPORT OR WEAPONS SYSTEMS.

Limits of Liability. NOTWITHSTANDING ANYTHING U.S. CELLULAR’S LIABILITY REGARDING YOUR USE OF THE SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CONTRARY IN CHARGES YOU INCUR FOR SERVICES OR EQUIPMENT DURING THE AFFECTED PERIOD. THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY MEANS U.S. CELLULAR IS NOT LIABLE FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF (SUCH AS LOST PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREINLOST BUSINESS OPPORTUNITIES), LOSS OF BONDING CAPACITY, COST OF CAPITAL PUNITIVE OR CLAIMS OF CUSTOMER EXEMPLARY DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACTOR ATTORNEYS’ FEES. USCC makes no warranty regarding the services, TORT LIABILITY equipment or software and disclaims any implied warranty, including any warranties of merchantability, infringement or fitness for a particular purpose. USCC is not responsible for circumstances beyond its control, including without limitation, acts or omissions of others, atmospheric conditions, or acts of God. USCC does not manufacture equipment or software, and customer’s only warranties and representations with respect to equipment or software are those provided by the manufacturer (INCLUDING NEGLIGENCEwith respect to which USCC has no liability whatsoever), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX USCC SHALL HAVE NO RESPONSIBILITY LIABILITY TO CUSTOMER OR LIABILITY WHATSOEVER ANY END USER FOR DAMAGE ANY PORTION OF THE SERVICE PROVIDED BY RIM, ITSELF OR INJURY TO PERSONS THROUGH OR PROPERTYIN CONJUNCTION WITH USCC, OR FOR OTHER LOSS THE ACCURACY, TIMELINESS OR INJURY RESULTING FROM CONTINUED AVAILABILITY OF ANY CAUSE WHATSOEVER ARISING OUT SUCH SERVICE. USCC SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY END USER FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION WITH RESPECT TO ANY ELEMENT OF THE BLACKBERRY PORTION OF THE SERVICE PROVIDED BY ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, BY RIM, THROUGH OR RELATED TO THIS LIMITED WARRANTYIN CONJUNCTION WITH USCC. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USCC SPECIFICALLY DISCLAIMS THE SUITABILITY OF THE SERVICE FOR USE IN MISSION CRITICAL APPLICATIONS OR IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL AND LIFE SUPPORT OR WEAPONS SYSTEMS.

Limits of Liability. NOTWITHSTANDING ANYTHING Applicable in Québec: Except in the case of damages resulting from Our own act or of Our agents or service providers with respect to the Device Protection Plan or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION PLAN CONTRACT). IN SUCH CIRCUMSTANCES WE OR OUR AGENTS OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION PLAN, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPTAS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITYand in such event We may cancel this Contract and the Device Protection Plan Contract immediately. Prohibitions on Transfer and Abuse of the Device Protection Plan Contract. This Device Protection Plan is for Your use only. It is only transferable by ROGERS to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Device Protection Plan by You, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESincluding but not limited to seeking replacement of a wireless device not belonging to You, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.

Limits of Liability. NOTWITHSTANDING ANYTHING TO In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Phone Protection Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL NOT EXCEED THE CONTRARY IN CHARGES ACTUALLY PAID BY YOU UNDER THIS PHONE PROTECTION PLAN CONTRACT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEEDING SUCH ERROR, OMISSION OR FAILURE. THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE PHONE PROTECTION PLAN CONTRACT OR OUR OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THIS PHONE PROTECTION PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED WARRANTYTO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREINSTATED IN CONTRACT, XXXXX MAKES NO WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THIS PHONE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH COURSE OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYPERFORMANCE.

Limits of Liability. NOTWITHSTANDING ANYTHING SILVER CUBE’S TOTAL LIABILITY FOR ANY CLAIM OF ANY TYPE WHATSOVEVER IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY SILVER CUBE’S SOLE NEGLIGENCE. THE CONTRARY CUSTOMER’S EXCLUSIVE REMEDY FOR ANY CLAIM OF NEGLIGENCE WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF LIABILITY. SILVER CUBE SHALL NOT BE LIABLE IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY CONTRACT LAW, INCLUDING IMPLIED WARRANTIES TORT, OR ANY OTHER THEORY OF PERFORMANCELAW, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISINDIRECT, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTSPUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVEEXEMPLARY, EXEMPLARY EXTRA-CONTRACTUAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES DAMAGE PERTAINING TO THE MAINTENANCE SERVICE OR DAMAGES CAUSED BY REASON OF EQUIPMENT OUTLINED IN THIS AGREEMENT. NOR WILL SILVER CUBE BE LIABLE FOR LOSS OF USEPROFITS, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITYBUSINESS, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL CAPITAL, COST OF SUBSTITUTED FACILITIES OR CLAIMS EQUIPMENT, OR SERVICE DOWN-TIME COSTS. THIS LIMIT OF CUSTOMER DAMAGESLIABILITY SHALL ALSO EXTEND TO CUSTOMERS OF THE CUSTOMER, NO MATTER HOW SUCH DAMAGES OCCURRED, WHETHER LIABILITY ARISES AS A RESULT OR NOT BECAUSE OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTYFAULT, OR FOR OTHER LOSS DELAY OF SILVER CUBE, OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF BREACH OR RELATED FAILURE TO PERFORM THIS LIMITED WARRANTYAGREEMENT.

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. 9.1 IN NO EVENT SHALL XXXXX NWI BE RESPONSIBLE PURSUANT TO THIS WARRANTY LIABLE FOR ANY PERFORMANCE ANALYSISSPECIAL, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIALCOLLATERAL, INDIRECT, PUNITIVE, INCIDENTAL, PUNITIVECONSEQUENTIAL, OR EXEMPLARY DAMAGES IN CONNECTION WITH OR CONSEQUENTIAL ARISING OUT OF THIS CONTRACT OR THE USE OF THE SERVICES, GOODS OR SOFTWARE PROVIDED HEREUNDER, REGARDLESS OF WHETHER NWI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF ANY NATURE WHATSOEVERREMOVAL OR REINSTALLATION, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON RETESTING, OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF USE, LOSS OF PROFITS DATA, BUSINESS INTERRUPTION OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS PERSONAL INJURY ARISING FROM THE SALE OR SUBSEQUENT USE OF BONDING CAPACITY, A PRODUCT. IN NO EVENT WILL NWI BE LIABLE FOR COST OF CAPITAL PROCUREMENT OF SUBSTITUTE PRODUCTS OR CLAIMS SERVICES. NO CLAIM, SUIT OR ACTION SHALL BE BROUGHT AGAINST NWI MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF CUSTOMER DAMAGES, WHETHER ACTION HAS OCCURRED. 9.2 IN NO EVENT SHALL NWI'S AGGREGATE LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER CLAIM OR DAMAGES ARISING OUT OF OR RELATED IN CONNECTION WITH THIS CONTRACT, OR ANY USE OF ANY NWI PRODUCT OR SOFTWARE PROVIDED HEREUNDER, EXCEED THE TOTAL AMOUNT PAID BY BUYER TO NWI OVER THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, FOR THE PARTICULAR UNITS WHICH PERTAIN TO THE DAMAGES CLAIMED. THE EXISTENCE OF MORE THAN ONE CLAIM AGAINST THE PARTICULAR UNITS SOLD TO BUYER UNDER THIS LIMITED WARRANTYCONTRACT SHALL NOT EXPAND OR EXTEND THIS LIMIT. 9.3 BUYER UNDERSTANDS AND AGREES THAT THE FOREGOING LIABILITY LIMITATIONS ARE ESSENTIAL ELEMENTS OF THIS CONTRACT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS THE MATERIAL AND ECONOMIC TERMS OF THIS CONTRACT WOULD BE SUBSTANTIALLY DIFFERENT.

Limits of Liability. NOTWITHSTANDING ANYTHING U.S. CELLULAR’S LIABILITY REGARDING YOUR USE OF THE EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE EQUIPMENT, IS LIMITED TO THE CONTRARY IN CHARGES YOU INCUR FOR EQUIPMENT DURING THE AFFECTED PERIOD. THIS LIMITED MEANS U.S. CELLULAR IS NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEYS’ FEES. Disclaimer of Warranties: U.S. CELLULAR MAKES NO WARRANTY REGARDING THE EQUIPMENT AND SOFTWARE AND DISCLAIMS ANY IMPLIED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS INCLUDING ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULESEXTENT PERMITTED BY STATE LAW. THE REMEDIES U.S. CELLULAR IS NOT RESPONSIBLE FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERCIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING LOSSES WITHOUT LIMITATION, ACTS OR DAMAGES CAUSED BY REASON OMISSIONS OF LOSS OF USEOTHERS, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTYATMOSPHERIC CONDITIONS, OR FOR OTHER LOSS ACTS OF GOD. U.S. CELLULAR DOES NOT MANUFACTURE EQUIPMENT OR INJURY RESULTING FROM SOFTWARE, AND YOUR ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER UNLESS AND ONLY TO THE EXTENT THAT APPLICABLE STATE LAW IMPOSES WARRANTY OBLIGATIONS ON U.S. CELLULAR. Arbitration: ANY CAUSE WHATSOEVER CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED RELATING TO THIS LIMITED WARRANTYCONTRACT SHALL BE RESOLVED BY BINDING ARBITRATION AT THE REQUEST OF EITHER PARTY PURSUANT TO THE WIRELESS INDUSTRY ARBITRATION RULES AS MODIFIED BY THIS CONTRACT AND AS ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). WE SHALL BE FULLY RESPONSIBLE FOR FILING, ADMINISTRATION AND ARBITRATOR FEES AND WE WILL ADVANCE, OR REIMBURSE YOU FOR, ANY REASONABLE FILING, ADMINISTRATION AND ARBITRATOR FEES FOR ANY ARBITRATION INITIATED IN ACCORDANCE WITH THIS PARAGRAPH. WE WILL REIMBURSE YOU FOR YOUR REASONABLE ATTORNEYS’ FEES AND COSTS IF THE ARBITRATOR AWARDS YOU AN AMOUNT EQUAL TO OR GREATER THAN THE AMOUNT YOU HAVE DEMANDED IN SUCH ARBITRATION. THE AMERICAN ARBITRATION ASSOCIATION SHALL ADMINISTER THE ARBITRATION AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. BOTH PARTIES ACKNOWLEDGE THAT THIS CONTRACT IS A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND IS THEREFORE GOVERNED BY THE FEDERAL ARBITRATION ACT. BY AGREEING TO ARBITRATION, BOTH PARTIES ARE WAIVING THEIR RIGHT TO LITIGATE IN COURT INCLUDING ANY RIGHT TO A JURY TRIAL. UNLESS YOU AND WE OTHERWISE MUTUALLY AGREE, ALL HEARINGS UNDER SUCH ARBITRATION SHALL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. AT YOUR OPTION, YOU MAY BRING AN ACTION AGAINST US IN SMALL CLAIMS COURT, NOTWITHSTANDING THIS CONTRACT. THE PARTIES AGREE THAT ALL CLAIMS, WHETHER IN ARBITRATION OR IN SMALL CLAIMS COURT, SHALL BE TREATED INDIVIDUALLY AND THERE SHALL BE NO CONSOLIDATION OF CLAIMS, CLASS ACTIONS, REPRESENTATIVE ACTIONS OR PRIVATE ATTORNEY GENERAL ACTIONS. U.S. CELLULAR EXPRESSLY REJECTS AND DOES NOT CONSENT TO ANY CONSOLIDATION OF CLAIMS OR CLASS ACTION IN THE ARBITRATION. THIS ARBITRATION AGREEMENT SURVIVES THE TERMINATION OF THIS CONTRACT. FOR ADDITIONAL INFORMATION ON COMMENCING ARBITRATION AND HOW THE ARBITRATION PROCESS WORKS, YOU MAY CALL THE AMERICAN ARBITRATION ASSOCIATION AT 0-000-000-0000 OR VISIT ITS WEBSITE AT XXX.XXX.

Limits of Liability. NOTWITHSTANDING ANYTHING UNLESS EXPRESSLY PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW, OR UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, OUR LIABILITY IS LIMITED AS FOLLOWS: WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR (I) YOUR ACTS OR OMISSIONS OR THOSE OF ANY THIRD PARTY, (II) THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO ANY CLEARING HOUSE ASSOCIATION, TRANSACTION PROCESSING NETWORK, LICENSOR OR PROCESSOR, ANY FEDERAL RESERVE BANK, ANY OTHER FINANCIAL INSTITUTION OR ANY SUPPLIER, ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILITY, ANY TIME-SHARING SUPPLIER OR ANY MAIL OR COURIER SERVICE, AND NO SUCH PERSON OR ENTITY WILL BE DEEMED OUR AGENT, (III) FOR ANY OF OUR ACTIONS OR FAILURE TO ACT UNDER OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT TO THE CONTRARY EXTENT SUCH CONDUCT CONSTITUTES WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR (IV) FOR ANY FAILURE OR DELAY IN PERFORMING ANY OF OUR OBLIGA TIONS UNDER THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX MAKES NO WARRANTIES, GUARANTEES AGREEMENT IF SUCH FAILURE OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED DELAY IS CAUSED BY LAWCIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING IMPLIED WARRANTIES ANY NATURAL DISASTER (SUCH AS EARTHQUAKES OR FLOODS), EMERGENCY CONDITIONS (SUCH AS WAR, RIOT, FIRE, THEFT OR LABOR DISPUTE OR DIFFICUL TIES), LEGAL CONSTRAINT OR GOVERNMENTAL ACTION OR INACTION, BREAKDOWN OR FAILURE OF PERFORMANCEOUR COMPUTER, MERCHANTABILITY TRANSMISSION OR FITNESS FOR COMMUNICATIONS FACILITIES AND EQUIPMENT OR OF THIRD PARTIES, BREAKDOWN OF ANY PRIVATE OR COMMON CARRIER COMMUNICATION OR TRANSMISSION FACILITIES, ANY TIME-SHARING SUPPLIER AND ANY MAIL OR COURIER SERVICE, OR YOUR ACT, OMISSION, NEGLIGENCE OR FAULT. IF A PARTICULAR PURPOSE AND IMPLIED WARRANTIES COURT FINDS THAT WE ARE LIABLE TO YOU BECAUSE OF CUSTOM OUR ACTS OR USAGEOMISSIONS IN CONNECTION WITH THIS AGREEMENT, ARISING YOU MAY RECOVER FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESUS ONLY YOUR ACTUAL DAMAGES. IN NO EVENT SHALL XXXXX WILL YOU BE RESPONSIBLE PURSUANT ABLE TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, RECOVER FROM US INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF ANY NATURE WHATSOEVERTHE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL NOT APPLY WHERE EXPRESSLY PROHIBITED BY THE LAWS GOVERNING YOUR ACCOUNT. Except to the extent that the Bank fails to exercise ordinary care or breaches this Agreement, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEyou agree to indemnify and hold the Bank and its directors, LOSS OF PROFITS OR REVENUEof ficers, INTEREST CHARGES employees, and agents harmless from all claims, demands, losses, liabilities, judgments, and expenses (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNERincluding their attorneys’ fees and legal expenses) arising out of or in any way connected with the Bank’s performance under this Agreement. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYYou agree that this indemnification will survive the closing of your account and the termination of any service.

Limits of Liability. NOTWITHSTANDING ANYTHING In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Device Protection Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION PLAN CONTRACT). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITYand in such event We may cancel this Contract and the Device Protection Plan Contract immediately. Prohibitions on Transfer and Abuse of the Device Protection Plan Contract. This Device Protection Plan is for Your use only. It is only transferable by XXXXXX to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Device Protection Plan by You, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.including but not limited to seeking replacement

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX JINKO MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE MODULES. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIES. IN NO EVENT SHALL XXXXX JINKO BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY.NATURE

Limits of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN, XXXXX ROBINS DONUTS MAKES NO WARRANTIESREPRESENTATIONS, GUARANTEES WARRANTIES OR CONDITIONSCONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARISING FROM OR RELATING WITH RESPECT TO THE MODULES AND JINKO DISCLAIMS GIFT CARD, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR GUARANTEE IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF PERFORMANCEMERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME STATES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES, SO THIS MAY NOT BE APPLICABLE TO YOU. ROBINS DONUTS DOES NOT REPRESENT OR WARRANT THAT YOUR GIFT CARD WILL ALWAYS BE ACCEPTED OR THE GIFT CARD PROGRAM WILL ALWAYS BE ACCESSIBLE. IN THE EVENT THAT ROBINS DONUTS OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM OR RELATING DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFTCARD PRIOR TO THE MODULESTIME AT WHICH SUCH DAMAGES AROSE. THE REMEDIES ROBINS DONUTS AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR BREACH ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE, USE OR DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM AGREEMENT, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR RELATING TO ANY BREACH IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE WARRANTIESPOSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY ROBINS DONUTS OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A GIFT CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY PERFORMANCE ANALYSISTHIRD PARTY, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS, IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGES, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW ANY DELAY OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY MISTAKE RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT CIRCUMSTANCES BEYOND OUR CONTROL. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR RELATED CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THIS LIMITED WARRANTYYOU.

Limits of Liability. NOTWITHSTANDING ANYTHING Applicable in Québec: Except in the case of damages resulting from Our own act or of Our agents or service providers with respect to the Device Protection Plan or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CONTRARY CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION PLAN CONTRACT). IN SUCH CIRCUMSTANCES WE OR OUR AGENTS OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION PLAN, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LIMITED WARRANTYCONTRACT, EXCEPT AS EXPRESSLY PROVIDED HEREINWE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, XXXXX MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEES OR CONDITIONSSTATUTORY, EXPRESS OR IMPLIED, ARISING FROM REGARDING THE DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR RELATING TO THE MODULES AND JINKO DISCLAIMS ANY WARRANTY OR GUARANTEE IMPLIED BY LAWSERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF PERFORMANCETITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE, ARISING FROM COURSE OF DEALING OR RELATING TO THE MODULESCOURSE OF PERFORMANCE. THE REMEDIES FOR BREACH OF THIS WARRANTY ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ARISING FROM OR RELATING TO ANY BREACH OF THE WARRANTIESForce Majeure. IN NO EVENT SHALL XXXXX BE RESPONSIBLE PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE ANALYSISWe have no responsibility for delays or failures due to acts of God, INSPECTIONfire, DIAGNOSISflood, REMOVALexplosion, CUSTOMSwar, IMPORT DUTIESrevolution, EXPORT DUTIESacts of public enemy or terrorist, TAXESlabour difficulties, REINSTALLATION COSTSincluding without limitation strikes, SPECIALslowdowns, INDIRECTpicketing or boycotts, INCIDENTALcivil commotion, PUNITIVEembargo, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVERacts of government in, INCLUDING LOSSES OR DAMAGES CAUSED BY REASON OF LOSS OF USEmilitary authority, LOSS OF PROFITS OR REVENUEor the elements, INTEREST CHARGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN)or other causes beyond our reasonable control, LOSS OF BONDING CAPACITYand in such event We may cancel this Contract and the Device Protection Plan Contract immediately. Prohibitions on Transfer and Abuse of the Device Protection Plan Contract. This Device Protection Plan is for Your use only. It is only transferable by FIDO to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Device Protection Plan by You, COST OF CAPITAL OR CLAIMS OF CUSTOMER DAMAGESincluding but not limited to seeking replacement of a wireless device not belonging to You, WHETHER LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER MANNER. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY, XXXXX SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTYmay result in termination of this Contract upon notice.