Common use of No Other Warranty Clause in Contracts

No Other Warranty. NEITHER AMPERITY NOR ANY AMPERITY SUBCONTRACTORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED IN THIS SECTION 8 ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATA. THERE ARE NO OTHER WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAW, AMPERITY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILITY, TITLE, ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATA, WHETHER ARISING BY THE COURSE OF DEALING, USAGE OR TRADE PRACTICE OR COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES, OR ANY ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, IN ITS PURCHASE OF THE SERVICES.

No Other Warranty. NEITHER AMPERITY NOR ANY AMPERITY SUBCONTRACTORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR THAT EXCEPT FOR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY FOREGOING REPRESENTATIONS AND WARRANTIES, ACCENTURE MAKES NO WARRANTY REGARDING THE FEATURES REPRESENTATIONS OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED IN THIS SECTION 8 ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATA. THERE ARE NO OTHER WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAW, AMPERITY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONSWARRANTIES, EXPRESS OR IMPLIED, STATUTORY WITH RESPECT TO THE DOCUMENTS OR OTHERWISETHE LOAN DOCUMENT PACKAGES, INCLUDING WITHOUT LIMITATIONINCLUDING, THOSE BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN CONTEMPLATED BY THE LICENSE AGREEMENT. ORIGINATING LENDER UNERSTANDS AND ACKNOWLEDGES THAT ACCENTURE DOES NOT ENGAGE IN THE PRACTICE LAW AND THUS MAY NOT RENDER LEGAL ADVICE. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THE LICENSE AGREEMENT, ACCENTURE PROVIDES THE APPLICATION SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ORIGINATING LENDER’S USE OF THE APPLICATION SERVICES IS AT ITS OWN RISK. ACCENTURE DOES NOT MAKE, AND HEARBY DISCLAIMS ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILITY, NON INFRINGEMENT AND TITLE, ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATA, WHETHER AND ANY WARRANTIES ARISING BY THE FROM A COURSE OF DEALING, USAGE USAGE, OR TRADE PRACTICE PRACTICE. ACCENTURE DOES NOT WARRANT THAT THE OPERATION OF THE APPLICATION SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THIRD PARTY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LICENSEE’S USE OF SUCH THIRD PARTY SERVICE IS AT ITS OWN RISK. ACCENTURE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES AND LIABILITIES WITH RESPECT TO THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURESDEALING, USAGE, OR ANY ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, IN ITS PURCHASE OF THE SERVICESTRADE PRACTICE.

No Other Warranty. Alert Logic takes no responsibility for and makes no warranty as regards any technology or service provided to Customer by AWS. The Service warranty in Section 1.1 does not apply to the extent a failure to meet the warranty is caused by: (i) the interoperability of specific Customer applications or equipment with the Services unless such use is authorized by Alert Logic or specified in the Documentation; (ii) a Force Majeure Event; or (iii) service provided by any third-party engaged by Customer or outside of Alert Logic’s control. EXCEPT AS SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALERT LOGIC AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, TERMS, UNDERTAKINGS AND GUARANTIES, WHETHER THEY ARE EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALERT LOGIC’S LIABILITY UNDER ANY WARRANTY, CONDITION, TERM, REPRESENTATION, UNDERTAKING OR GUARANTY IS LIMITED IN RESPECT OF THE SERVICES TO SUPPLYING THE SERVICES AGAIN OR, SUBJECT TO SECTION 8.2, WHERE RESUPPLY IS IMPOSSIBLE, PAYING THE COST OF SUPPLYING THE SERVICES AGAIN. ALERT LOGIC AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SECURITY, TIMELINESS, OR AVAILABILITY OF THE SERVICES OR ALERT LOGIC TECHNOLOGY. NEITHER AMPERITY ALERT LOGIC NOR ANY AMPERITY SUBCONTRACTORS ITS THIRD-PARTY LICENSORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR WARRANT THAT THE SERVICES OR ALERT LOGIC TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTSOR THE SERVER(S) THAT HOST THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMPERITY ALERT LOGIC AND ITS THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OF SERVICES, DELAYS OR ERRORS CAUSED BY ANY TRANSMISSION OR DELIVERY OF THE SERVICES, DATA OR ANY OTHER INFORMATION OR CAUSED BY ANY INTERNET OR COMMUNICATIONS SERVICE PROVIDER. DEPLOYMENT OF THE SERVICES DOES NOT ACHIEVE THE IMPOSSIBLE GOAL OF RISK ELIMINATION AND THEREFORE ALERT LOGIC MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED IN THIS SECTION 8 ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATA. THERE ARE NO OTHER WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAWGUARANTEE THAT INTRUSIONS, AMPERITY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILITY, TITLE, ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATA, WHETHER ARISING BY THE COURSE OF DEALING, USAGE OR TRADE PRACTICE OR COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURESCOMPROMISES, OR ANY ORAL OTHER UNAUTHORIZED ACTIVITY WILL NOT OCCUR ON AN END-USER NETWORK. THIS SECTION 6 SHALL SURVIVE TERMINATION OR WRITTEN PUBLIC COMMENTS OR ADVERTISING EXPIRATION OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, IN ITS PURCHASE OF THE SERVICESTHIS AGREEMENT.

No Other Warranty. NEITHER AMPERITY NOR ANY AMPERITY SUBCONTRACTORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED SET FORTH IN SECTIONS 12(a) AND 12(c) OF THIS SECTION 8 AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMERPURCHASER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE BASIS FOR ANY CLAIM OR LIABILITY ARISING FROM ANY DEFECTS OUT OF OR PERFORMANCE IN CONNECTION WITH THIS SECTION 12, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATAOTHERWISE. THERE ARE OTHER THAN AS EXPRESSLY SET FORTH IN SECTIONS 12(a) AND 12(c), NO OTHER WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAWWARRANTY, AMPERITY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONSWHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITYOR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AVAILABILITYAPPLIES UNDER THIS AGREEMENT. IF A PERFORMANCE GUARANTY IS BEING 2 This limitation reflects the requirements to qualify for the Federal Energy Tax Credit under §48 of the Internal Revenue Code. Individual states or localities may have further restrictions on the use of electricity from the System. Purchasers and Sellers are encouraged to consult local law to ensure that no such restrictions are being violated. PROVIDED PURSUANT TO SECTION 4(d) OF EXHIBIT 1, TITLETHE PERFORMANCE GUARANTY WILL REPRESENT A SEPARATE CONTRACT BETWEEN PURCHASER AND THE ISSUER OF THE PERFORMANCE GUARANTY. IF THE ISSUER OF THE PERFORMANCE GUARANTY (OR ANY SUBSEQUENT ASSIGNEE) AND THE SELLER ARE NOT THE SAME PERSON, ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE NO RIGHTS PROVIDED TO THE SERVICES OR AMPERITY DATA, WHETHER ARISING PURCHASER BY THE COURSE OF DEALINGPERFORMANCE GUARANTY MAY BE ASSERTED UNDER THIS AGREEMENT, USAGE OR TRADE PRACTICE OR COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES, OR ANY ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, IN ITS PURCHASE OF AND NO CLAIM UNDER THE SERVICESPERFORMANCE GUARANTY WILL AFFECT PURCHASER’S OBLIGATIONS UNDER THIS AGREEMENT.

No Other Warranty. EXCEPT AS SET FORTH IN THIS SECTION 8, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) ALERT LOGIC AND ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, TERMS, UNDERTAKINGS AND GUARANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ALERT LOGIC AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SECURITY, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE SERVICES OR ALERT LOGIC TECHNOLOGY AND (B) NEITHER AMPERITY ALERT LOGIC NOR ANY AMPERITY SUBCONTRACTORS OF ITS AFFILIATES OR THIRD-PARTY LICENSORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR WARRANT THAT THE SERVICES OR ALERT LOGIC TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTSOR THE SERVER(S) THAT HOST THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMPERITY ALERT LOGIC AND ITS THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OF SERVICES, DELAYS OR ERRORS CAUSED BY ANY TRANSMISSION OR DELIVERY OF THE SERVICES, DATA OR ANY OTHER INFORMATION OR CAUSED BY ANY INTERNET SERVICE PROVIDER OR COMMUNICATIONS SERVICE PROVIDERS. NO WRITTEN OR ORAL REPRESENTATION MADE BY ALERT LOGIC PERSONNEL OR OTHERWISE WHICH IS NOT CONTAINED IN THIS AGREEMENT SHALL BE EEMED TO BE A WARRANTY BY ALERT LOGIC OR GIVE RISE TO ANY LIABILITY OF ALERT LOGIC WHATSOEVER. DEPLOYMENT OF ALERT LOGIC SERVICES IN A CUSTOMER NETWORK DOES NOT ACHIEVE THE IMPOSSIBLE GOAL OF RISK ELIMINATION, AND THEREFORE, ALERT LOGIC MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED IN THIS SECTION 8 ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATA. THERE ARE NO OTHER WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAWGUARANTEE THAT INTRUSIONS, AMPERITY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILITY, TITLE, ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATA, WHETHER ARISING BY THE COURSE OF DEALING, USAGE OR TRADE PRACTICE OR COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURESCOMPROMISES, OR ANY ORAL OTHER UNAUTHORIZED ACTIVITY WILL NOT OCCUR ON A CUSTOMER NETWORK. Alert Logic disclaims any liability for: (a) any failure to meet the Services warranty in Section 8.1 caused by interoperability of specific Customer applications or equipment with the Services or a Force Majeure Event; (b) Customer’s transmission, downloading or receipt of data over the Internet from or to the Services; (c) loss of data that is not due to a breach of this Agreement by Alert Logic; (d) the inability of Customer to access or interact with any other service provider through the Internet, other networks or users that comprise the Internet or the informational or computing resources available through the internet; or (e) service provided by other service providers. THIS SECTION SHALL SURVIVE TERMINATION OR WRITTEN PUBLIC COMMENTS OR ADVERTISING EXPIRATION AND NON-RENEWAL OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, IN ITS PURCHASE OF THE SERVICESTHIS AGREEMENT.

No Other Warranty. NEITHER AMPERITY NOR ANY AMPERITY SUBCONTRACTORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR THAT EXCEPT FOR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE EXPRESS WARRANTIES STATED SET FORTH IN THIS SECTION 8 ARE THE SOLE 7 (“RAGINGWIRE’S WARRANTIES AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH SERVICES LEVEL GOALS”), THE SERVICES OR AMPERITY DATAARE PROVIDED ON AN “AS IS” BASIS, AND CLIENT’S USE OF THE SERVICES IS AT CLIENT’S OWN RISK. THERE ARE NO OTHER WARRANTIES RAGINGWIRE DOES NOT MAKE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, AMPERITY HEREBY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILITY, AND TITLE, ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATA, WHETHER AND ANY WARRANTIES ARISING BY THE FROM A COURSE OF DEALING, USAGE USAGE, OR TRADE PRACTICE PRACTICE. RAGINGWIRE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR COURSE THAT ALL ERRORS WILL BE CORRECTED. SOME STATES DO NOT ALLOW THE EXCLUSION OF PERFORMANCEIMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT. CUSTOMER AGREES IN THAT IT IS NOT RELYING ON EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 45 DAYS FROM THE INITIAL DELIVERY OF THE APPLICABLE SERVICES. RAGINGWIRE DISCLAIMS ANY FUTURE FUNCTIONALITY REPRESENTATIONS OR FEATURESWARRANTIES THAT CLIENT’S USE OF THE SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY ORAL APPLICABLE LAWS OR WRITTEN PUBLIC COMMENTS REGULATIONS INCLUDING THE U.S. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE U.S. XXXXX-XXXXX-XXXXXX ACT OF 1999, U.S. THE XXXXXXXX-XXXXX ACT OF 2002, OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OTHER GOVERNMENT MANDATES, STATUTES, OR FEATURES, IN ITS PURCHASE REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICESSERVICES IS IN ACCORDANCE WITH APPLICABLE LAW AND REGULATIONS, INCLUDING GOVERNMENT CONTROLS.

No Other Warranty. NEITHER AMPERITY NOR EXCEPT FOR THE WARRANTIES MADE BY XXX IN SECTION 8.1 ABOVE, WHICH ARE LIMITED WARRANTIES AND THE ONLY WARRANTIES PROVIDED TO CLIENT, THE SERVICES AND DELIVERABLES ARE PROVIDED STRICTLY “AS-IS.” XXX MAKES NO OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR DELIVERABLES PROVIDED HEREUNDER, OR ANY AMPERITY SUBCONTRACTORS REPRESENT MATTER WHATSOEVER. IN PARTICULAR, THERE IS NO WARRANTY THAT AMPERITY ALL SECURITY THREATS AND VULNERABILITIES IN A SUPPORTED PRODUCT, SUPPORTED SYSTEM OR NETWORK WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS DETECTED OR THAT THE SERVICES WILL BE RENDER THEM SAFE FROM SECURITY BREACHES. XXX DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF CLIENT OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTSANY THIRD-PARTY. AMPERITY MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED IN THIS SECTION 8 ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATA. THERE ARE NO OTHER WARRANTIES AND TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMPERITY XXX DISCLAIMS ALL OTHER IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT OR SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILITY, TITLE, ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO TITLE AND NON-INFRINGEMENT. XXX DOES NOT WARRANT THAT THE SERVICES OR AMPERITY DATA, WHETHER ARISING BY THE COURSE OF DEALING, USAGE OR TRADE PRACTICE OR COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS ANY DELIVERABLES WILL MEET ANY CLIENT REQUIREMENTS NOT RELYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURESSET FORTH HEREIN, OR THAT ANY ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, DELIVERABLES WILL OPERATE IN ITS PURCHASE OF THE SERVICESCOMBINATIONS THAT CLIENT MAY SELECT FOR USE.

No Other Warranty. NEITHER AMPERITY NOR ANY AMPERITY SUBCONTRACTORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED IN THIS SECTION 8 ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATA. THERE ARE NO OTHER WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAW, AMPERITY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILITY, TITLE, ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATA, WHETHER ARISING BY THE COURSE OF DEALING, USAGE OR TRADE PRACTICE OR COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS NOT RELYING RE LYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES, OR ANY ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, IN ITS PURCHASE OF THE SERVICES.

No Other Warranty. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE SERVICES AND ALERT LOGIC TECHNOLOGY ARE PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO ACCURACY, FUNCTIONALITY, PERFORMANCE, MERCHANTABILITY OR NON-INFRINGEMENT. ALERT LOGIC AND ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT AND ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ALERT LOGIC AND ITS THIRD PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE SERVICES OR ALERT LOGIC TECHNOLOGY. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ALERT LOGIC OR ANY THIRD PARTY ARE AUTHORIZED TO MAKE ANY REPRESENTATION, WARRANTY OR COVENANT ON BEHALF OF ALERT LOGIC OR ANY OF ITS THIRD PARTY LICENSORS. ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. NEITHER AMPERITY ALERT LOGIC NOR ANY AMPERITY SUBCONTRACTORS OF ITS AFFILIATES OR THIRD PARTY LICENSORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR WARRANT THAT THE SERVICES OR ALERT LOGIC TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE. CUSTOMER EXPRESSLY AGREES THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED IN THIS SECTION 8 ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH USE OF THE SERVICES OR AMPERITY DATA. THERE ARE NO OTHER WARRANTIES ALERT LOGIC TECHNOLOGY IS AT CUSTOMER'S SOLE RISK AND TO THE FULLEST EXTENT PERMITTED THAT ALERT LOGIC AND ITS THIRD PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OF SERVICES, DELAYS OR ERRORS CAUSED BY LAW, AMPERITY DISCLAIMS ALL OTHER WARRANTIES ANY TRANSMISSION OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILITY, TITLE, ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATA, WHETHER ARISING BY THE COURSE OF DEALING, USAGE OR TRADE PRACTICE OR COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF THE SERVICES, DATA OR ANY FUTURE FUNCTIONALITY OTHER INFORMATION OR FEATURESCAUSED BY ANY COMMUNICATIONS SERVICE PROVIDERS. DEPLOYMENT OF ALERT LOGIC SERVICES IN A CUSTOMER NETWORK DOES NOT ACHIEVE THE IMPOSSIBLE GOAL OF RISK ELIMINATION, AND THEREFORE, ALERT LOGIC MAKES NO GUARANTEE THAT INTRUSIONS, COMPROMISES, OR ANY ORAL OTHER UNAUTHORIZED ACTIVITY WILL NOT OCCUR ON A CUSTOMER NETWORK. THIS SECTION SHALL SURVIVE TERMINATION OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, IN ITS PURCHASE EXPIRATION AND NON-RENEWAL OF THE SERVICESSA.

No Other Warranty. NEITHER AMPERITY NOR ANY AMPERITY SUBCONTRACTORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR THAT EXCEPT FOR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY FOREGOING REPRESENTATIONS AND WARRANTIES, ACCENTURE MAKES NO WARRANTY REGARDING THE FEATURES REPRESENTATIONS OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED IN THIS SECTION 8 ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATA. THERE ARE NO OTHER WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAW, AMPERITY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONSWARRANTIES, EXPRESS OR IMPLIED, STATUTORY WITH RESPECT TO THE DOCUMENTS OR OTHERWISETHE LOAN DOCUMENT PACKAGES, INCLUDING WITHOUT LIMITATIONINCLUDING, THOSE BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN CONTEMPLATED BY THE LICENSE AGREEMENT. ORIGINATING LENDER UNERSTANDS AND ACKNOWLEDGES THAT ACCENTURE DOES NOT ENGAGE IN THE PRACTICE LAW AND THUS MAY NOT RENDER LEGAL ADVICE. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THE LICENSE AGREEMENT, ACCENTURE PROVIDES THE APPLICATION SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ORIGINATING LENDER’S USE OF THE APPLICATION SERVICES IS AT ITS OWN RISK. ACCENTURE DOES NOT MAKE, AND XXXXXX DISCLAIMS ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILITY, NON INFRINGEMENT AND TITLE, ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATA, WHETHER AND ANY WARRANTIES ARISING BY THE FROM A COURSE OF DEALING, USAGE USAGE, OR TRADE PRACTICE PRACTICE. ACCENTURE DOES NOT WARRANT THAT THE OPERATION OF THE APPLICATION SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THIRD PARTY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LICENSEE’S USE OF SUCH THIRD PARTY SERVICE IS AT ITS OWN RISK. ACCENTURE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES AND LIABILITIES WITH RESPECT TO THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURESDEALING, USAGE, OR ANY ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, IN ITS PURCHASE OF THE SERVICESTRADE PRACTICE.

No Other Warranty. NEITHER AMPERITY NOR OTHER THAN TRINITY/PROVIDER’S OBLIGATION FOR ANY AMPERITY SUBCONTRACTORS REPRESENT THAT AMPERITY FUNDS RECEIVED FROM INDIVIDUALS, IN NO EVENT SHALL TRINITY/PROVIDER’S AGGREGATE LIABILITY IN TOTAL FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS ADDENDUM EXCEED THE AMOUNT OF SERVICE FEES PAID TO TRINITY/PROVIDER FOR THE TRANSACTIONS RELATING TO THE CLAIM. THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF THE ACTION EMPLOYED, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE. IN NO EVENT WILL TRINITY/PROVIDER BE ABLE TO CORRECT ALL REPORTED DEFECTS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR ERRORS CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST INCOME OR THAT LOST REVENUE WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY. THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES ARE PROVIDED BY THIRD PARTIES. THE WARRANTIES “AS IS.” EXCEPT AS EXPRESSLY STATED IN THIS SECTION 8 ARE THE SOLE ADDENDUM, NEITHER PARTY MAKES, AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM EACH PARTY EXPRESSLY DISCLAIMS, ANY DEFECTS REPRESENTATIONS OR PERFORMANCE OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATA. THERE ARE NO OTHER WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAW, AMPERITY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONSWARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, QUALITYNON-INFRINGEMENT OF THIRD PARTY RIGHTS, AVAILABILITY, TITLE, ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATA, WHETHER IMPLIED WARRANTIES ARISING BY FROM THE COURSE OF DEALING, USAGE OR TRADE PRACTICE DEALING OR COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURESMarketing. Trinity/Provider and Client agree to work together on marketing initiatives to support the Services. Materials representing, OR ANY ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURESpromoting or referring to the Services will not be utilized or distributed until approved in writing by both Parties, IN ITS PURCHASE OF THE SERVICESnot to be unreasonably withheld. Customer Support/Complaints. Trinity/Provider agrees to provide customer service related to the Services offered through the website or other customer interfaces provided by Trinity/Provider and responding and resolving claims, inquiries or complaints arising out of the acceptance and settlement of Transactions. Client agrees to provide customer service related to the underlying obligation to the Client, inmate trust account status, and/or payments received by Client, and responding to and resolving all claims, inquiries or complaints arising out of the crediting of the Transaction amount to the Client’s inmate trust account or obligations owed by inmates. The Parties agree to cooperate with each other in resolving complaints, with each Party to bear its own costs. Error/Fraud Prevention and Investigations. Trinity/Provider may utilize various tools to ensure the accuracy of the information transmitted and the validity of the transactions through the Services to reduce errors or fraud, including any changes to user interfaces or systems it deems necessary. Client agrees to cooperate in good faith with investigations by Trinity/Provider into errors or fraud or other suspicious transactions.

No Other Warranty. ALERT LOGIC AND ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT AND ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ALERT LOGIC AND ITS THIRD PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE SERVICES OR ALERT LOGIC TECHNOLOGY. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ALERT LOGIC OR ANY THIRD PARTY ARE AUTHORIZED TO MAKE ANY REPRESENTATION, WARRANTY OR COVENANT ON BEHALF OF ALERT LOGIC OR ANY OF ITS THIRD PARTY LICENSORS. ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS XXXX. NEITHER AMPERITY ALERT LOGIC NOR ANY AMPERITY SUBCONTRACTORS OF ITS AFFILIATES OR THIRD PARTY LICENSORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR WARRANT THAT THE SERVICES OR ALERT LOGIC TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE FREE. ALERT LOGIC AND ITS THIRD PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OF SERVICES, DELAYS OR THAT ERRORS CAUSED BY ANY TRANSMISSION OR DELIVERY OF THE SERVICES, DATA OR ANY OTHER INFORMATION OR CAUSED BY ANY COMMUNICATIONS SERVICE PROVIDERS. DEPLOYMENT OF ALERT LOGIC SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY IN AN END USER NETWORK DOES NOT ACHIEVE THE IMPOSSIBLE GOAL OF RISK ELIMINATION, AND THEREFORE, ALERT LOGIC MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED IN THIS SECTION 8 ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATA. THERE ARE NO OTHER WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAWGUARANTEE THAT INTRUSIONS, AMPERITY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILITY, TITLE, ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATA, WHETHER ARISING BY THE COURSE OF DEALING, USAGE OR TRADE PRACTICE OR COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURESCOMPROMISES, OR ANY ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, IN ITS PURCHASE OF THE SERVICESOTHER UNAUTHORIZED ACTIVITY WILL NOT OCCUR ON AN END USER NETWORK.

No Other Warranty. NEITHER AMPERITY NOR ANY AMPERITY SUBCONTRACTORS MENDIX DOES NOT REPRESENT THAT AMPERITY THE MENDIX PLATFORM AND EXPERT SERVICES WILL BE ERROR-FREE, OR THAT IT WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS IN THE MENDIX PLATFORM AND EXPERT SERVICES, OR THAT THE SERVICES OVERALL SYSTEM THAT MAKES THE MENDIX PLATFORM AVAILABLE (INCLUDING BUT NOT LIMITED TO THE INTERNET, OTHER TRANSMISSION NETWORKS, AND CUSTOMER’S LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED FREE OF VIRUSES OR ERROR-FREE OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES USE OF THE MENDIX PLATFORM WILL MEET CUSTOMER’S REQUIREMENTSBE UNINTERREUPTED OR ERROR FREE. AMPERITY MENDIX MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED IN THIS SECTION 8 5 (WARRANTIES) ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATA. MENDIX, THERE ARE NO OTHER WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAW, AMPERITY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITYMERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILITY, TITLE, ACCURACY, COMPLETENESS PURPOSE OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATA, WHETHER ARISING BY THE COURSE NON- INFRINGEMENT OF DEALING, USAGE OR TRADE PRACTICE OR COURSE OF PERFORMANCETHIRD-PARTY RIGHTS. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MENDIX PLATFORM AND EXPERT SERVICES ARE ACCURATE OR FEATURESSUFFICIENT FOR CUSTOMER’S PURPOSES, OR ANY ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, IN ITS PURCHASE AS WELL AS THE SELECTION OF THE SERVICESMENDIX PLATFORM AND DOCUMENTATION NECESSARY TO ACHIEVE CUSTOMER’S INTENDED RESULTS, AND FOR THE USE AND RESULTS OF THE MENDIX PLATFORM AND/OR APPLICATION MODEL.

No Other Warranty. NEITHER AMPERITY NOR EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN ARTICLE 5, DATABANK DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AMPERITY SUBCONTRACTORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED IN THIS SECTION 8 ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATA. THERE ARE NO OTHER WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAW, AMPERITY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIEDIMPLIED WARRANTIES, STATUTORY OR OTHERWISEINCLUDING, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, THOSE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILITY, TITLE, ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATA, WHETHER AND ANY WARRANTIES ARISING BY THE FROM A COURSE OF DEALING, USAGE USAGE, OR TRADE PRACTICE OR COURSE OF PERFORMANCEPRACTICE. CUSTOMER AGREES DATABANK DOES NOT WARRANT THAT IT IS NOT RELYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURESTHE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR ANY ORAL COMPLETELY SECURE. 5.7 Disclaimer of Actions Caused by or Under the Control of Third Parties. DATABANK DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, IN ITS PURCHASE FROM DATABANK’S NETWORK AND OTHER PORTIONS OF THE SERVICES.INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES WHO ARE NOT AGENTS OR CONTRACTORS OF DATABANK AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH DATABANK WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, DATABANK CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, EXCEPT FOR THE OBLIGATIONS TO TAKE EFFORTS TO AVOID OR LESSEN THE EFFECTS OF OR REMEDY SUCH EVENTS, DATABANK DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. ARTICLE 6 — CUSTOMER REPRESENTATIONS, WARRANTIES AND OBLIGATIONS 6.1 Representations and Warranties of Customer. (a)

No Other Warranty. NEITHER AMPERITY NOR ANY AMPERITY SUBCONTRACTORS REPRESENT YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED IN THIS SECTION 8 ARE THE APP IS AT YOUR SOLE AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATARISK. THERE ARE NO OTHER WARRANTIES AND TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMPERITY THE APP AND ANY EXTERNAL SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED "AS TS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONSAND CONDITIONS WITH RESPECT TO THE APP AND ANY AND ALL EXTERNAL SERVICES, EXPRESS OR EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISESTATUTORY, INCLUDING WITHOUT LIMITATIONINCLUDING, THOSE BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR OF SATISFACTORY QUALJTY, OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILITY, TITLE, OF ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATAOF QUIET ENJOYMENT, WHETHER ARISING BY THE COURSE AND OF DEALING, USAGE OR TRADE PRACTICE OR COURSE NON-INFRINGEMENT OF PERFORMANCETHIRD-PARTY RJGHTS. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES, OR ANY NO ORAL OR WRITTEN PUBLIC COMMENTS INFORMATION OR ADVERTISING ADVICE GJVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE MUST CREATE A WARRANTY. SHOULD THE APP OR EXTERNAL SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF AMPERITY REGARDING FUTURE FUNCTIONALITY ALL NECESSARY SERVICING, REPAIR, OR FEATURESCORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF JMPLJED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, IN ITS PURCHASE OF SO THE SERVICESABOVE EXCLUSION AND LIMITATlONS MAY NOT APPLY TO YOU.

No Other Warranty. EXCEPT AS SET FORTH IN SECTION 6 OF THIS XXXX, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALERT LOGIC AND ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, TERMS, UNDERTAKINGS AND GUARANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALERT LOGIC’S LIABILITY UNDER ANY IMPLIED OR STATUTORY WARRANTY, CONDITION, TERM, REPRESENTATION, UNDERTAKING OR GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE SERVICES TO SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF SUPPLYING THE SERVICES AGAIN. ALERT LOGIC AND ITS THIRD PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SECURITY, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE SERVICES OR ALERT LOGIC TECHNOLOGY. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ALERT LOGIC OR ANY THIRD PARTY ARE AUTHORIZED TO MAKE ANY REPRESENTATION, WARRANTY OR COVENANT ON BEHALF OF ALERT LOGIC OR ANY OF ITS THIRD PARTY LICENSORS. ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS XXXX. NEITHER AMPERITY ALERT LOGIC NOR ANY AMPERITY SUBCONTRACTORS OF ITS AFFILIATES OR THIRD PARTY LICENSORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR WARRANT THAT THE SERVICES OR ALERT LOGIC TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTSOR THE SERVER(S) THAT HOST THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMPERITY ALERT LOGIC AND ITS THIRD PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OF SERVICES, DELAYS OR ERRORS CAUSED BY ANY TRANSMISSION OR DELIVERY OF THE SERVICES, DATA OR ANY OTHER INFORMATION OR CAUSED BY ANY INTERNET SERVICE PROVIDER OR COMMUNICATIONS SERVICE PROVIDERS. DEPLOYMENT OF ALERT LOGIC SERVICES IN AN END USER NETWORK DOES NOT ACHIEVE THE IMPOSSIBLE GOAL OF RISK ELIMINATION, AND THEREFORE, ALERT LOGIC MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED IN THIS SECTION 8 ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATA. THERE ARE NO OTHER WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAWGUARANTEE THAT INTRUSIONS, AMPERITY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILITY, TITLE, ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATA, WHETHER ARISING BY THE COURSE OF DEALING, USAGE OR TRADE PRACTICE OR COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURESCOMPROMISES, OR ANY ORAL OTHER UNAUTHORIZED ACTIVITY WILL NOT OCCUR ON AN END USER NETWORK. Alert Logic will not be responsible for: (a) any failure to meet any Services Level warranties caused by acts within the control of End User or any User or interoperability of specific End User applications or equipment with the Services or a Force Majeure Event; (b) End User’s transmission, downloading or receipt of data over the Internet from or to the Services; (c) loss of data that is not due to a breach of this XXXX by Alert Logic; (d) the inability of End User to access or interact with any other service provider through the Internet, other networks or users that comprise the Internet or the informational or computing resources available through the internet; or (e) service provided by other service providers. THIS SECTION SHALL SURVIVE TERMINATION OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, IN ITS PURCHASE EXPIRATION AND NON-RENEWAL OF THE SERVICESXXXX.

No Other Warranty. NEITHER AMPERITY NOR THE WARRANTIES DESCRIBED IN SECTION 7.1 ARE THE ONLY WARRANTIES OF ANY AMPERITY SUBCONTRACTORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES KIND PROVIDED BY THIRD PARTIES. NOF, AND THE WARRANTIES STATED DESCRIBED IN THIS SECTION 8 7.2 ARE THE SOLE AND EXCLUSIVE ONLY WARRANTIES OFFERED OF ANY KIND PROVIDED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATAONCORUS. THERE ARE NO OTHER WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAW, AMPERITY DISCLAIMS BOTH PARTIES DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISEWARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7.1, QUALITYNOF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, AVAILABILITYWHETHER WRITTEN, TITLEORAL, ACCURACYEXPRESS, COMPLETENESS IMPLIED OR CURRENCY APPLICABLE OTHERWISE, CONCERNING THE VALIDITY, ENFORCEABILITY AND SCOPE OF THE LICENSED CLAIMS, AND NON-INFRINGEMENT OF THIRD PARTY PATENT RIGHTS. WITHOUT LIMITATION TO THE SERVICES FOREGOING, AND EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7.1 OR AMPERITY DATASECTION 10.4, WHETHER ARISING BY THE COURSE OF DEALING, USAGE NOF SHALL HAVE NO LIABILITY WHATSOEVER TO ONCORUS OR TRADE PRACTICE ANY OTHER PERSON FOR OR COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY ACCOUNT OF ANY FUTURE FUNCTIONALITY INJURY, LOSS OR FEATURESDAMAGE OF ANY KIND OR NATURE SUSTAINED BY, OR ANY ORAL DAMAGE ASSESSED OR WRITTEN PUBLIC COMMENTS ASSERTED AGAINST, OR ADVERTISING ANY OTHER LIABILITY INCURRED BY OR IMPOSED ON ONCORUS ARISING OUT OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURESIN CONNECTION WITH OR RESULTING FROM (A) THE DEVELOPMENT, IN ITS PURCHASE MANUFACTURE, USE, OFFER FOR SALE, SALE, IMPORTATION, EXPORTATION OR COMMERCIALIZATION OF AN ONCORUS PRODUCT, OR THE PRACTICE OF THE SERVICESLICENSED CLAIMS; (B) THE USE OF OR ANY ERRORS OR OMISSIONS IN ANY KNOW-HOW, TECHNICAL INFORMATION, TECHNIQUES OR PRACTICES DISCLOSED BY NOF; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES CONCERNING ANY OF THE FOREGOING. [***].

No Other Warranty. NEITHER AMPERITY NOR ANY AMPERITY SUBCONTRACTORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8 ARE AGREEMENT, ----------------- BUYER ACKNOWLEDGES THAT SELLER IS SELLING THE SOLE PROPERTY "AS IS" AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE LIABILITY ARISING FROM THAT NEITHER SELLER NOR ITS AGENTS HAVE MADE ANY DEFECTS OR PERFORMANCE OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATA. THERE ARE NO OTHER WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAW, AMPERITY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONSREPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY ORAL OR OTHERWISEWRITTEN, INCLUDING WITHOUT LIMITATIONREGARDING ANY MATTER PERTAINING TO THE PROPERTY OR ITS USE INCLUDING: (I) THE PHYSICAL CONDITION, THOSE ZONING, USE, VALUE, INTENDED USE, OR OTHER CONDITION OF THE PROPERTY; (II) ITS MERCHANTABILITY, NON-INFRINGEMENT OR ; (III) ITS FITNESS FOR A PARTICULAR PURPOSE; (IV) THE PHYSICAL CONDITION, QUALITYZONING, AVAILABILITYUSE, TITLEVALUE, ACCURACYINTENDED USE, COMPLETENESS OR CURRENCY APPLICABLE OTHER CONDITION OF ANY NEIGHBORING PROPERTY; OR (V) THE CLASSIFICATION OF THE PROPERTY FOR DETERMINING THE ASSESSED VALUE OF THE PROPERTY FOR AD VALOREM TAX PURPOSES. BUYER HAS HAD AMPLE OPPORTUNITY TO INSPECT THE SERVICES OR AMPERITY DATA, WHETHER ARISING BY THE COURSE PROPERTY AND HAS AGREED TO PURCHASE IT IN ITS CONDITION AS OF DEALING, USAGE OR TRADE PRACTICE OR COURSE OF PERFORMANCECLOSING. CUSTOMER BUYER AGREES THAT IT WILL NOT ATTEMPT TO ASSERT ANY CLAIM OR LIABILITY AGAINST SELLER FOR FURNISHING THE PROPERTY MATERIALS OR FOR ANY MATTER CONTAINED IN THE PROPERTY MATERIALS. BUYER WAIVES, AND RELEASES SELLER FROM, PRIVATE RIGHTS OF ACTION UNDER FEDERAL, STATE, LOCAL AND COMMON LAW, INCLUDING THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT, WHICH BUYER MAY HAVE AGAINST SELLER ARISING OUT OF THE PRESENCE OF HAZARDOUS WASTE ON THE PROPERTY WHICH IS NOT RELYING ON DELIVERY SPECIFICALLY DISCLOSED BY THE PHASE 1 ENVIRONMENTAL REPORT WHICH BUYER WILL HAVE PREPARED PRIOR TO THE CLOSING OR ARISING OUT OF ANY FUTURE FUNCTIONALITY OR FEATURES, THE PHYSICAL CONDITION OF THE PROPERTY OR ANY ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURESADJACENT PROPERTY WHICH IS SPECIFICALLY DISCLOSED BY THE PHASE 1 ENVIRONMENTAL REPORT WHICH BUYER WILL HAVE PREPARED PRIOR TO THE CLOSING. "SELLER TRAILMONT MHP, IN ITS PURCHASE OF THE SERVICESLTD., a California limited partnership /s/ Xxxxxxx X. Xxxxx --------------------------------------------------------- By: U.S. Park Financial, a California General Partnership As: General Partner By: Xxxxxxx X. Xxxxx, General Partner Address: 0000 X. 00xx Xxxxxx, Xxxxx 0 Xxxxxxx, XX 00000 Phone: (000) 000-0000 Fax: (000) 000-0000 TRAILMONT MHP, LTD., a California limited partnership /s/ Xxx Xxxxxxxx ---------------------------------------------------------- By: U.S. Park Financial, a California General Partnership As: General Partner By: Xxx Xxxxxxxx, General Partner Address: 0000 Xxxxxxxxx Xxxx Escondido, CA 92027 Fax: (000) 000-0000 Phone: (000) 000-0000 "BUYER" WINDSOR PARK PROPERTIES 3, A California Limited Partnership /s/ Xxxxxx Xxxx ---------------------------------------------------------- By: The Windsor Corporation, a California Corporation As: General Partner By: Xxxxxx Xxxx, General Counsel WINDSOR PARK PROPERTIES 4, A California Limited Partnership /s/ Xxxxxx Xxxx ---------------------------------------------------------- By: The Windsor Corporation, a California Corporation As: General Partner By: Xxxxxx Xxxx, General Counsel

No Other Warranty. NEITHER AMPERITY NOR ANY AMPERITY SUBCONTRACTORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY MAKES NO WARRANTY REGARDING THE FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED SET FORTH IN SECTIONS 12(a) AND 12(c) OF THIS SECTION 8 AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY AMPERITY AND ARE CUSTOMERPURCHASER’S SOLE AND EXCLUSIVE REMEDIES AND AMPERITY’S SOLE AND EXCLUSIVE BASIS FOR ANY CLAIM OR LIABILITY ARISING FROM ANY DEFECTS OUT OF OR PERFORMANCE IN CONNECTION WITH THIS SECTION 12, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR QUALITY ISSUES WITH THE SERVICES OR AMPERITY DATAOTHERWISE. THERE ARE OTHER THAN AS EXPRESSLY SET FORTH IN SECTIONS 12(a) AND 12(c), NO OTHER WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAWWARRANTY, AMPERITY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONSWHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITYOR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AVAILABILITYAPPLIES UNDER THIS AGREEMENT. IF A PERFORMANCE GUARANTY IS BEING PROVIDED PURSUANT TO SECTION 4(d) OF EXHIBIT 1, TITLETHE PERFORMANCE GUARANTY WILL REPRESENT A SEPARATE CONTRACT BETWEEN PURCHASER AND THE ISSUER OF THE PERFORMANCE GUARANTY. IF THE ISSUER OF THE PERFORMANCE GUARANTY (OR ANY SUBSEQUENT ASSIGNEE) AND THE SELLER ARE NOT THE SAME PERSON, ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE NO RIGHTS PROVIDED TO THE SERVICES OR AMPERITY DATA, WHETHER ARISING PURCHASER BY THE COURSE OF DEALINGPERFORMANCE GUARANTY MAY BE ASSERTED UNDER THIS AGREEMENT, USAGE OR TRADE PRACTICE OR COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES, OR ANY ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, IN ITS PURCHASE OF AND NO CLAIM UNDER THE SERVICESPERFORMANCE GUARANTY WILL AFFECT PURCHASER’S OBLIGATIONS UNDER THIS AGREEMENT.