Common use of No Aquantia Defect Clause in Contracts

No Aquantia Defect. Aquantia shall not be liable under the warranties set forth in Section 8.B.(iv) or (v) if its testing and examination clearly establish that the alleged defect in the item does not exist or was caused by Buyer’s, end users’ or any third person’s misuse, negligence, improper installation or improper testing, attempts to repair by accident, fire, lightning or other cause beyond Aquantia’s control and such was the cause of the breach of such express warranty. Aquantia shall not be liable under the warranties set forth in Section 8.B(iv) or (v) if it can clearly establish such any defect or non-conformance is caused by an intellectual property provided by Buyer.