Common use of No Other Warranty Clause in Contracts

No Other Warranty. EXCEPT FOR THE FOREGOING REPRESENTATIONS AND WARRANTIES, ACCENTURE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGES, INCLUDING, 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, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE 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 DEALING, USAGE, OR TRADE PRACTICE.

No Other Warranty. EXCEPT FOR NEITHER AMPERITY NOR ANY AMPERITY SUBCONTRACTORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR THAT THE FOREGOING REPRESENTATIONS AND WARRANTIES, ACCENTURE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY MAKES NO REPRESENTATIONS WARRANTY REGARDING THE FEATURES OR WARRANTIESSERVICES 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, WITH RESPECT TO THE DOCUMENTS STATUTORY OR THE LOAN DOCUMENT PACKAGESOTHERWISE, INCLUDINGINCLUDING WITHOUT LIMITATION, 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 THOSE OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND QUALITY, AVAILABILITY, TITLE, AND ANY WARRANTIES ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATA, WHETHER ARISING FROM A BY THE COURSE OF DEALING, USAGEUSAGE OR TRADE PRACTICE OR COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS NOT RELYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES, OR TRADE PRACTICE. ACCENTURE DOES NOT WARRANT THAT THE OPERATION ANY ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, IN ITS PURCHASE 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 DEALING, USAGE, OR TRADE PRACTICESERVICES.

No Other Warranty. EXCEPT FOR AS SET FORTH IN THIS SECTION 8, TO THE FOREGOING REPRESENTATIONS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) ALERT LOGIC AND ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, ACCENTURE MAKES NO REPRESENTATIONS CONDITIONS, REPRESENTATIONS, TERMS, UNDERTAKINGS AND GUARANTIES, EXPRESS, IMPLIED OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGESSTATUTORY, INCLUDING, 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 TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A TRADE USAGE, COURSE OF DEALINGDEALING OR COURSE OF PERFORMANCE. ALERT LOGIC AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, USAGEWARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SECURITY, SEQUENCE, TIMELINESS OR TRADE PRACTICE. ACCENTURE DOES NOT AVAILABILITY OF THE SERVICES OR ALERT LOGIC TECHNOLOGY AND (B) NEITHER ALERT LOGIC NOR ANY OF ITS AFFILIATES OR THIRD-PARTY LICENSORS REPRESENT OR WARRANT THAT THE OPERATION SERVICES OR ALERT LOGIC TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES OR THE SERVER(S) THAT HOST THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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 APPLICATION SERVICES, DATA OR ANY OTHER INFORMATION OR CAUSED BY ANY INTERNET SERVICE WILL 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 UNINTERRUPTED, ERROR FREE EEMED TO BE A WARRANTY BY ALERT LOGIC OR COMPLETELY SECUREGIVE RISE TO ANY LIABILITY OF ALERT LOGIC WHATSOEVER. THIRD PARTY DEPLOYMENT OF ALERT LOGIC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASISIN A CUSTOMER NETWORK DOES NOT ACHIEVE THE IMPOSSIBLE GOAL OF RISK ELIMINATION, AND LICENSEE’S USE OF SUCH THIRD PARTY SERVICE IS AT ITS OWN RISK. ACCENTURE DOES NOT MAKETHEREFORE, AND HEREBY DISCLAIMSALERT LOGIC MAKES NO GUARANTEE THAT INTRUSIONS, 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 DEALING, USAGECOMPROMISES, OR TRADE PRACTICEANY 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 EXPIRATION AND NON-RENEWAL OF THIS AGREEMENT.

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 FOR AS SET FORTH IN THIS AGREEMENT, TO THE FOREGOING REPRESENTATIONS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALERT LOGIC AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, ACCENTURE MAKES NO REPRESENTATIONS CONDITIONS, REPRESENTATIONS, TERMS, UNDERTAKINGS AND GUARANTIES, WHETHER THEY ARE EXPRESS, IMPLIED OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGESSTATUTORY, INCLUDING, 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 TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A TRADE USAGE, COURSE OF DEALINGDEALING OR COURSE OF PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USAGEALERT 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 TRADE PRACTICEAVAILABILITY OF THE SERVICES OR ALERT LOGIC TECHNOLOGY. ACCENTURE DOES NOT NEITHER ALERT LOGIC NOR ITS THIRD-PARTY LICENSORS REPRESENT OR WARRANT THAT THE OPERATION SERVICES OR ALERT LOGIC TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES OR THE SERVER(S) THAT HOST THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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 APPLICATION 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 GUARANTEE THAT INTRUSIONS, COMPROMISES, OR ANY OTHER UNAUTHORIZED ACTIVITY WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THIRD PARTY SERVICES ARE PROVIDED NOT OCCUR ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LICENSEE’S USE END-USER NETWORK. THIS SECTION 6 SHALL SURVIVE TERMINATION OR EXPIRATION 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 DEALING, USAGE, OR TRADE PRACTICETHIS AGREEMENT.

No Other Warranty. EXCEPT THE WARRANTIES SET FORTH IN SECTIONS 12(a) AND 12(c) OF THIS AGREEMENT ARE PURCHASER’S SOLE AND EXCLUSIVE BASIS FOR THE FOREGOING REPRESENTATIONS ANY CLAIM OR LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SECTION 12, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. OTHER THAN AS EXPRESSLY SET FORTH IN SECTIONS 12(a) AND WARRANTIES12(c), ACCENTURE MAKES NO REPRESENTATIONS OR WARRANTIESWARRANTY, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGES, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION 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, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY OR WARRANTIES ARISING FROM A COURSE OF DEALINGDEALING OR USAGE OF TRADE, USAGEAPPLIES 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, OR TRADE PRACTICE. ACCENTURE DOES NOT WARRANT THAT THE OPERATION PERFORMANCE GUARANTY WILL REPRESENT A SEPARATE CONTRACT BETWEEN PURCHASER AND THE ISSUER OF THE APPLICATION SERVICE WILL PERFORMANCE GUARANTY. IF THE ISSUER OF THE PERFORMANCE GUARANTY (OR ANY SUBSEQUENT ASSIGNEE) AND THE SELLER ARE NOT THE SAME PERSON, NO RIGHTS PROVIDED TO PURCHASER BY THE PERFORMANCE GUARANTY MAY BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THIRD PARTY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASISASSERTED UNDER THIS AGREEMENT, AND LICENSEENO CLAIM UNDER THE PERFORMANCE GUARANTY WILL AFFECT PURCHASER’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 DEALING, USAGE, OR TRADE PRACTICEOBLIGATIONS UNDER THIS AGREEMENT.

No Other Warranty. EXCEPT THE WARRANTIES SET FORTH IN SECTIONS 12(a) AND 12(c) OF THIS AGREEMENT ARE PURCHASER’S SOLE AND EXCLUSIVE BASIS FOR THE FOREGOING REPRESENTATIONS ANY CLAIM OR LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SECTION 12, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. OTHER THAN AS EXPRESSLY SET FORTH IN SECTIONS 12(a) AND WARRANTIES12(c), ACCENTURE MAKES NO REPRESENTATIONS OR WARRANTIESWARRANTY, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGES, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION 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, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY OR WARRANTIES ARISING FROM A COURSE OF DEALINGDEALING OR USAGE OF TRADE, USAGEAPPLIES UNDER THIS AGREEMENT. IF A PERFORMANCE GUARANTY IS BEING PROVIDED PURSUANT TO SECTION 4(d) OF EXHIBIT 1, OR TRADE PRACTICE. ACCENTURE DOES NOT WARRANT THAT THE OPERATION PERFORMANCE GUARANTY WILL REPRESENT A SEPARATE CONTRACT BETWEEN PURCHASER AND THE ISSUER OF THE APPLICATION SERVICE WILL PERFORMANCE GUARANTY. IF THE ISSUER OF THE PERFORMANCE GUARANTY (OR ANY SUBSEQUENT ASSIGNEE) AND THE SELLER ARE NOT THE SAME PERSON, NO RIGHTS PROVIDED TO PURCHASER BY THE PERFORMANCE GUARANTY MAY BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THIRD PARTY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASISASSERTED UNDER THIS AGREEMENT, AND LICENSEENO CLAIM UNDER THE PERFORMANCE GUARANTY WILL AFFECT PURCHASER’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 DEALING, USAGE, OR TRADE PRACTICEOBLIGATIONS UNDER THIS AGREEMENT.

No Other Warranty. EXCEPT FOR MENDIX DOES NOT REPRESENT THAT THE FOREGOING REPRESENTATIONS MENDIX PLATFORM AND WARRANTIESEXPERT SERVICES WILL BE ERROR-FREE, ACCENTURE 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 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 FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USE OF THE MENDIX PLATFORM WILL BE UNINTERREUPTED OR ERROR FREE. MENDIX MAKES NO REPRESENTATIONS WARRANTY REGARDING FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. THE WARRANTIES STATED IN SECTION 5 (WARRANTIES) ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY MENDIX, THERE ARE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS STATUTORY OR THE LOAN DOCUMENT PACKAGESOTHERWISE, INCLUDINGINCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TOTHOSE OF MERCHANTIBILITY, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN CONTEMPLATED BY OR NON- INFRINGEMENT OF THIRD-PARTY RIGHTS. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE LICENSE AGREEMENT. ORIGINATING LENDER UNERSTANDS MENDIX PLATFORM AND ACKNOWLEDGES THAT ACCENTURE DOES NOT ENGAGE IN EXPERT SERVICES ARE ACCURATE OR SUFFICIENT FOR CUSTOMER’S PURPOSES, AS WELL AS THE PRACTICE LAW SELECTION OF THE MENDIX PLATFORM AND THUS MAY NOT RENDER LEGAL ADVICE. EXCEPT DOCUMENTATION NECESSARY TO ACHIEVE CUSTOMER’S INTENDED RESULTS, AND FOR THE EXPRESS WARRANTIES SET FORTH IN THE LICENSE AGREEMENT, ACCENTURE PROVIDES THE APPLICATION SERVICES ON AN “AS IS” USE AND “AS AVAILABLE” BASIS, AND ORIGINATING LENDER’S USE RESULTS OF THE MENDIX PLATFORM AND/OR 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, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE 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 DEALING, USAGE, OR TRADE PRACTICEMODEL.

No Other Warranty. 6.4.1 NOTHING CONTAINED HEREIN SHALL BE DEEMED TO BE A WARRANTY BY HARPOON THAT HARPOON CAN OR SHALL BE ABLE TO OBTAIN PATENTS ON PATENT APPLICATIONS INCLUDED IN THE HARPOON LICENSED PATENTS, THE HARPOON DISCLOSING PATENTS OR HARPOON’S [**] PATENTS OR THAT WEREWOLF CAN OR SHALL BE ABLE TO OBTAIN PATENTS ON PATENT APPLICATIONS INCLUDED IN THE HARPOON ASSIGNED PATENTS, OR THAT ANY OF THE HARPOON LICENSED PATENTS, THE HARPOON DISCLOSING PATENTS, HARPOON’S [**] PATENTS OR THE HARPOON ASSIGNED PATENTS SHALL AFFORD ADEQUATE OR COMMERCIALLY WORTHWHILE PROTECTION. 6.4.2 NOTHING CONTAINED HEREIN SHALL BE DEEMED TO BE A WARRANTY BY WEREWOLF THAT WEREWOLF CAN OR SHALL BE ABLE TO OBTAIN PATENTS ON PATENT APPLICATIONS INCLUDED IN WEREWOLF’S [**] PATENTS OR THAT HARPOON CAN OR SHALL BE ABLE TO OBTAIN PATENTS ON PATENT APPLICATIONS INCLUDED IN THE WEREWOLF ASSIGNED PATENTS, OR THAT ANY OF WEREWOLF’S [**] PATENTS OR THE WEREWOLF ASSIGNED PATENTS SHALL AFFORD ADEQUATE OR COMMERCIALLY WORTHWHILE PROTECTION. 6.4.3 EXCEPT FOR THE FOREGOING REPRESENTATIONS AND WARRANTIESAS EXPRESSLY PROVIDED IN THIS ARTICLE 6, ACCENTURE NEITHER PARTY MAKES NO REPRESENTATIONS ANY REPRESENTATIONS, WARRANTIES OR WARRANTIESCONDITIONS (EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE DOCUMENTS HARPOON LICENSED PATENTS, THE HARPOON DISCLOSING PATENTS, THE [**] PATENTS, THE HARPOON ASSIGNED PATENTS, OR THE LOAN DOCUMENT PACKAGESWEREWOLF ASSIGNED PATENTS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR OTHERWISE WITH RESPECT TO THE SUBJECT MATTER 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 THIS 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 EACH PARTY SPECIFICALLY DISCLAIMS ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, VALIDITY OF ANY PATENTS AND ANY WARRANTIES ARISING FROM A COURSE NON-INFRINGEMENT OF DEALING, USAGE, OR TRADE 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 DEALING, USAGE, OR TRADE PRACTICEINTELLECTUAL PROPERTY RIGHTS.

No Other Warranty. EXCEPT FOR AS SET FORTH IN THIS AGREEMENT, THE FOREGOING REPRESENTATIONS 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, ACCENTURE MAKES NO REPRESENTATIONS EXPRESS, IMPLIED OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGESSTATUTORY, INCLUDING, 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 TOWITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON NON- INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A TRADE USAGE, COURSE OF DEALINGDEALING OR COURSE OF PERFORMANCE. ALERT LOGIC AND ITS THIRD PARTY LICENSORS MAKE NO REPRESENTATION, USAGEWARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR TRADE PRACTICEAVAILABILITY OF THE SERVICES OR ALERT LOGIC TECHNOLOGY. ACCENTURE DOES 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 ALERT LOGIC NOR ANY OF ITS AFFILIATES OR THIRD PARTY LICENSORS REPRESENT OR WARRANT THAT THE OPERATION SERVICES OR ALERT LOGIC TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE. CUSTOMER EXPRESSLY AGREES THAT USE OF THE APPLICATION SERVICE WILL BE UNINTERRUPTED, ERROR FREE SERVICES OR COMPLETELY SECURE. ALERT LOGIC TECHNOLOGY IS AT CUSTOMER'S SOLE RISK AND THAT 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 COMMUNICATIONS SERVICE PROVIDERS. DEPLOYMENT OF ALERT LOGIC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASISIN A CUSTOMER NETWORK DOES NOT ACHIEVE THE IMPOSSIBLE GOAL OF RISK ELIMINATION, AND LICENSEE’S USE OF SUCH THIRD PARTY SERVICE IS AT ITS OWN RISK. ACCENTURE DOES NOT MAKETHEREFORE, AND HEREBY DISCLAIMSALERT LOGIC MAKES NO GUARANTEE THAT INTRUSIONS, 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 DEALING, USAGECOMPROMISES, OR TRADE PRACTICEANY OTHER UNAUTHORIZED ACTIVITY WILL NOT OCCUR ON A CUSTOMER NETWORK. THIS SECTION SHALL SURVIVE TERMINATION OR EXPIRATION AND NON-RENEWAL OF THE SA.

No Other Warranty. EXCEPT FOR NEITHER AMPERITY NOR ANY AMPERITY SUBCONTRACTORS REPRESENT THAT AMPERITY WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS OR ERRORS OR THAT THE FOREGOING REPRESENTATIONS AND WARRANTIES, ACCENTURE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. AMPERITY MAKES NO REPRESENTATIONS WARRANTY REGARDING THE FEATURES OR WARRANTIESSERVICES 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, WITH RESPECT TO THE DOCUMENTS STATUTORY OR THE LOAN DOCUMENT PACKAGESOTHERWISE, INCLUDINGINCLUDING WITHOUT LIMITATION, 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 THOSE OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND QUALITY, AVAILABILITY, TITLE, AND ANY WARRANTIES ACCURACY, COMPLETENESS OR CURRENCY APPLICABLE TO THE SERVICES OR AMPERITY DATA, WHETHER ARISING FROM A BY THE COURSE OF DEALING, USAGEUSAGE OR TRADE PRACTICE OR COURSE OF PERFORMANCE. CUSTOMER AGREES THAT IT IS NOT RE LYING ON DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES, OR TRADE PRACTICE. ACCENTURE DOES NOT WARRANT THAT THE OPERATION ANY ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING OF AMPERITY REGARDING FUTURE FUNCTIONALITY OR FEATURES, IN ITS PURCHASE 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 DEALING, USAGE, OR TRADE PRACTICESERVICES.

No Other Warranty. EXCEPT FOR AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ----------------- BUYER ACKNOWLEDGES THAT SELLER IS SELLING THE FOREGOING REPRESENTATIONS PROPERTY "AS IS" AND WARRANTIES, ACCENTURE MAKES NO REPRESENTATIONS THAT NEITHER SELLER NOR ITS AGENTS HAVE MADE ANY WARRANTIES OR WARRANTIESREPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT ORAL OR WRITTEN, REGARDING ANY MATTER PERTAINING TO THE DOCUMENTS PROPERTY OR ITS USE INCLUDING: (I) THE LOAN DOCUMENT PACKAGESPHYSICAL CONDITION, INCLUDINGZONING, BUT NOT LIMITED TOUSE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE VALUE, INTENDED USE, OR 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 CONDITION OF THE APPLICATION SERVICES IS AT PROPERTY; (II) 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, ; (III) ITS FITNESS FOR A PARTICULAR PURPOSE; (IV) THE PHYSICAL CONDITION, NON INFRINGEMENT ZONING, USE, VALUE, INTENDED USE, OR 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 PROPERTY AND TITLEHAS AGREED TO PURCHASE IT IN ITS CONDITION AS OF CLOSING. 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 ANY WARRANTIES 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 FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ACCENTURE DOES NOT WARRANT THAT THE OPERATION OUT OF THE APPLICATION SERVICE PRESENCE OF HAZARDOUS WASTE ON THE PROPERTY WHICH IS SPECIFICALLY DISCLOSED BY THE PHASE 1 ENVIRONMENTAL REPORT WHICH BUYER WILL BE UNINTERRUPTEDHAVE PREPARED PRIOR TO THE CLOSING OR ARISING OUT OF THE PHYSICAL CONDITION OF THE PROPERTY OR ANY ADJACENT PROPERTY WHICH IS SPECIFICALLY DISCLOSED BY THE PHASE 1 ENVIRONMENTAL REPORT WHICH BUYER WILL HAVE PREPARED PRIOR TO THE CLOSING. "SELLER TRAILMONT MHP, ERROR FREE OR COMPLETELY SECURE. THIRD PARTY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASISLTD., AND LICENSEE’S USE OF SUCH THIRD PARTY SERVICE IS AT ITS OWN RISK. ACCENTURE DOES NOT MAKEa California limited partnership /s/ Xxxxxxx X. Xxxxx --------------------------------------------------------- By: U.S. Park Financial, AND HEREBY DISCLAIMSa California General Partnership As: General Partner By: Xxxxxxx X. Xxxxx, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES AND LIABILITIES WITH RESPECT TO THIRD PARTY SERVICES INCLUDINGGeneral Partner Address: 0000 X. 00xx Xxxxxx, BUT NOT LIMITED TOXxxxx 0 Xxxxxxx, WARRANTIES OF MERCHANTABILITYXX 00000 Phone: (000) 000-0000 Fax: (000) 000-0000 TRAILMONT MHP, FITNESS FOR 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 PARTICULAR PURPOSECalifornia Limited Partnership /s/ Xxxxxx Xxxx ---------------------------------------------------------- By: The Windsor Corporation, NON INFRINGEMENT AND TITLEa California Corporation As: General Partner By: Xxxxxx Xxxx, AND ANY WARRANTIES ARISING FROM General Counsel WINDSOR PARK PROPERTIES 4, A COURSE OF DEALINGCalifornia Limited Partnership /s/ Xxxxxx Xxxx ---------------------------------------------------------- By: The Windsor Corporation, USAGEa California Corporation As: General Partner By: Xxxxxx Xxxx, OR TRADE PRACTICE.General Counsel

No Other Warranty. 6.4.1 NOTHING CONTAINED HEREIN SHALL BE DEEMED TO BE A WARRANTY BY HARPOON THAT HARPOON CAN OR SHALL BE ABLE TO OBTAIN PATENTS ON PATENT APPLICATIONS INCLUDED IN THE HARPOON LICENSED PATENTS, THE HARPOON DISCLOSING PATENTS OR HARPOON’S [***] PATENTS OR THAT WEREWOLF CAN OR SHALL BE ABLE TO OBTAIN PATENTS ON PATENT APPLICATIONS INCLUDED IN THE HARPOON ASSIGNED PATENTS, OR THAT ANY OF THE HARPOON LICENSED PATENTS, THE HARPOON DISCLOSING PATENTS, HARPOON’S [***] PATENTS OR THE HARPOON ASSIGNED PATENTS SHALL AFFORD ADEQUATE OR COMMERCIALLY WORTHWHILE PROTECTION. 6.4.2 NOTHING CONTAINED HEREIN SHALL BE DEEMED TO BE A WARRANTY BY WEREWOLF THAT WEREWOLF CAN OR SHALL BE ABLE TO OBTAIN PATENTS ON PATENT APPLICATIONS INCLUDED IN WEREWOLF’S [***] PATENTS OR THAT HARPOON CAN OR SHALL BE ABLE TO OBTAIN PATENTS ON PATENT APPLICATIONS INCLUDED IN THE WEREWOLF ASSIGNED PATENTS, OR THAT ANY OF WEREWOLF’S [***] PATENTS OR THE WEREWOLF ASSIGNED PATENTS SHALL AFFORD ADEQUATE OR COMMERCIALLY WORTHWHILE PROTECTION. 6.4.3 EXCEPT FOR THE FOREGOING REPRESENTATIONS AND WARRANTIESAS EXPRESSLY PROVIDED IN THIS ARTICLE 6, ACCENTURE NEITHER PARTY MAKES NO REPRESENTATIONS ANY REPRESENTATIONS, WARRANTIES OR WARRANTIESCONDITIONS (EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE DOCUMENTS HARPOON LICENSED PATENTS, THE HARPOON DISCLOSING PATENTS, THE [***] PATENTS, THE HARPOON ASSIGNED PATENTS, OR THE LOAN DOCUMENT PACKAGESWEREWOLF ASSIGNED PATENTS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR OTHERWISE WITH RESPECT TO THE SUBJECT MATTER 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 THIS 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 EACH PARTY SPECIFICALLY DISCLAIMS ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, VALIDITY OF ANY PATENTS AND ANY WARRANTIES ARISING FROM A COURSE NON-INFRINGEMENT OF DEALING, USAGE, OR TRADE 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 DEALING, USAGE, OR TRADE PRACTICEINTELLECTUAL PROPERTY RIGHTS.

No Other Warranty. EXCEPT FOR THE FOREGOING REPRESENTATIONS ALERT LOGIC AND ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, ACCENTURE MAKES NO REPRESENTATIONS EXPRESS, IMPLIED OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGESSTATUTORY, INCLUDING, 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 TOWITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON NON- INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A TRADE USAGE, COURSE OF DEALINGDEALING OR COURSE OF PERFORMANCE. ALERT LOGIC AND ITS THIRD PARTY LICENSORS MAKE NO REPRESENTATION, USAGEWARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR TRADE PRACTICEAVAILABILITY OF THE SERVICES OR ALERT LOGIC TECHNOLOGY. ACCENTURE DOES 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 ALERT LOGIC NOR ANY OF ITS AFFILIATES OR THIRD PARTY LICENSORS REPRESENT OR WARRANT THAT THE OPERATION SERVICES OR ALERT LOGIC TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE. 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 APPLICATION SERVICES, DATA OR ANY OTHER INFORMATION OR CAUSED BY ANY 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 GUARANTEE THAT INTRUSIONS, COMPROMISES, OR ANY OTHER UNAUTHORIZED ACTIVITY WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THIRD PARTY SERVICES ARE PROVIDED NOT OCCUR 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 DEALING, USAGE, OR TRADE PRACTICEEND USER NETWORK.

No Other Warranty. EXCEPT FOR THE FOREGOING REPRESENTATIONS EXPRESS WARRANTIES SET FORTH HEREIN, OR AS SUPPLEMENTED IN ANY ORDER FORM, CUSTOMER EXPRESSLY AGREES THAT ITS USE OF THE SERVICES SHALL BE AT ITS OWN RISK. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED HEREIN, TDC, ITS SUPPLIERS AND SUBCONTRACTORS, IF ANY, DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, ACCENTURE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGES, INCLUDING, 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, FITNESS FOR A PARTICULAR PURPOSE, NON NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ACCENTURE TDC, ITS SUPPLIERS AND SUBCONTRACTORS, IF ANY, DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TDC DOES NOT WARRANT THAT THE OPERATION OF THE APPLICATION SERVICE WILL TDC TECHNOLOGY, ITS ENHANCEMENTS OR CORRECTIONS, SHALL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THIRD PARTY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LICENSEETHAT TDC’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 DEALING, USAGE, OR TRADE PRACTICESUPPORT/ADVICE SHALL MEET CUSTOMER’S REQUIREMENTS.

No Other Warranty. EXCEPT FOR AS SET FORTH IN SECTION 6 OF THIS XXXX, TO THE FOREGOING REPRESENTATIONS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALERT LOGIC AND ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, ACCENTURE MAKES NO REPRESENTATIONS CONDITIONS, REPRESENTATIONS, TERMS, UNDERTAKINGS AND GUARANTIES, EXPRESS, IMPLIED OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGESSTATUTORY, INCLUDING, 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 TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, NON- INFRINGEMENT AND ANY WARRANTIES ARISING FROM A TRADE USAGE, COURSE OF DEALINGDEALING OR COURSE OF PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USAGEALERT LOGIC’S LIABILITY UNDER ANY IMPLIED OR STATUTORY WARRANTY, CONDITION, TERM, REPRESENTATION, UNDERTAKING OR TRADE PRACTICEGUARANTY 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. ACCENTURE DOES 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 ALERT LOGIC NOR ANY OF ITS AFFILIATES OR THIRD PARTY LICENSORS REPRESENT OR WARRANT THAT THE OPERATION SERVICES OR ALERT LOGIC TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES OR THE SERVER(S) THAT HOST THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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 APPLICATION 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 GUARANTEE THAT INTRUSIONS, COMPROMISES, OR ANY OTHER UNAUTHORIZED ACTIVITY WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THIRD PARTY SERVICES ARE PROVIDED NOT OCCUR ON AN “AS IS” 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 EXPIRATION AND “AS AVAILABLE” BASIS, AND LICENSEE’S USE NON-RENEWAL 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 DEALING, USAGE, OR TRADE PRACTICETHE XXXX.

No Other Warranty. EXCEPT FOR THE FOREGOING REPRESENTATIONS EXPRESS WARRANTIES SET FORTH IN ARTICLE 5, DATABANK DOES NOT MAKE, AND WARRANTIESHEREBY DISCLAIMS, ACCENTURE MAKES NO REPRESENTATIONS OR WARRANTIES, ANY AND ALL OTHER EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGESIMPLIED WARRANTIES, INCLUDING, 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, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ACCENTURE DATABANK DOES NOT WARRANT THAT THE OPERATION OF THE APPLICATION SERVICE SERVICES WILL BE UNINTERRUPTED, ERROR FREE ERROR-FREE, OR 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 FROM DATABANK’S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTY SERVICES PARTIES WHO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASISNOT AGENTS OR CONTRACTORS OF DATABANK AT TIMES, AND LICENSEE’S USE ACTIONS OR INACTIONS OF SUCH THIRD PARTY SERVICE IS AT ITS OWN RISKPARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ACCENTURE DOES 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 MAKEOCCUR. ACCORDINGLY, AND HEREBY DISCLAIMSEXCEPT FOR THE OBLIGATIONS TO TAKE EFFORTS TO AVOID OR LESSEN THE EFFECTS OF OR REMEDY SUCH EVENTS, DATABANK DISCLAIMS ANY AND ALL OTHER EXPRESS AND IMPLIED LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. ARTICLE 6 — CUSTOMER REPRESENTATIONS, 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 DEALING, USAGE, OR TRADE PRACTICE.OBLIGATIONS 6.1 Representations and Warranties of Customer. (a)

No Other Warranty. EXCEPT FOR THE FOREGOING REPRESENTATIONS EXPRESS WARRANTIES SET FORTH IN THIS SECTION 7 (“RAGINGWIRE’S WARRANTIES AND SERVICES LEVEL GOALS”), THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND CLIENT’S USE OF THE SERVICES IS AT CLIENT’S OWN RISK. RAGINGWIRE DOES NOT MAKE, AND HEREBY DISCLAIMS WITHOUT LIMITATION, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, ACCENTURE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGES, INCLUDING, 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, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ACCENTURE RAGINGWIRE DOES NOT WARRANT THAT THE OPERATION OF THE APPLICATION SERVICE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR ERROR-FREE, COMPLETELY SECURE, OR THAT ALL ERRORS WILL BE CORRECTED. THIRD PARTY SERVICES SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LICENSEELIMITED IN DURATION TO 45 DAYS FROM THE INITIAL DELIVERY OF THE APPLICABLE SERVICES. RAGINGWIRE DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT CLIENT’S USE OF SUCH THIRD PARTY SERVICE IS AT ITS OWN RISK. ACCENTURE DOES NOT MAKE, AND HEREBY DISCLAIMS, THE SERVICES WILL SATISFY 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 DEALING, USAGESTATUTORY OR REGULATORY OBLIGATIONS, OR TRADE PRACTICEWILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR 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 OTHER GOVERNMENT MANDATES, STATUTES, OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW AND REGULATIONS, INCLUDING GOVERNMENT CONTROLS.

No Other Warranty. EXCEPT FOR AS SET FORTH IN SECTION 7, TO THE FOREGOING REPRESENTATIONS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) ALERT LOGIC AND ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, ACCENTURE MAKES NO REPRESENTATIONS CONDITIONS, REPRESENTATIONS, TERMS, UNDERTAKINGS AND GUARANTIES, EXPRESS, IMPLIED OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGESSTATUTORY, INCLUDING, 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 TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A TRADE USAGE, COURSE OF DEALINGDEALING OR COURSE OF PERFORMANCE. ALERT LOGIC AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, USAGEWARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SECURITY, SEQUENCE, TIMELINESS OR TRADE PRACTICE. ACCENTURE DOES NOT AVAILABILITY OF THE SERVICES OR ALERT LOGIC TECHNOLOGY AND (B) NEITHER ALERT LOGIC NOR ANY OF ITS AFFILIATES OR THIRD-PARTY LICENSORS REPRESENT OR WARRANT THAT THE OPERATION SERVICES OR ALERT LOGIC TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES OR THE SERVER(S) THAT HOST THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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 APPLICATION SERVICES, DATA OR ANY OTHER INFORMATION OR CAUSED BY ANY INTERNET SERVICE WILL 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 UNINTERRUPTED, ERROR FREE DEEMED TO BE A WARRANTY BY ALERT LOGIC OR COMPLETELY SECUREGIVE RISE TO ANY LIABILITY OF ALERT LOGIC WHATSOEVER. THIRD PARTY DEPLOYMENT OF ALERT LOGIC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASISIN A CUSTOMER NETWORK DOES NOT ACHIEVE THE IMPOSSIBLE GOAL OF RISK ELIMINATION, AND LICENSEE’S USE OF SUCH THIRD PARTY SERVICE IS AT ITS OWN RISK. ACCENTURE DOES NOT MAKETHEREFORE, AND HEREBY DISCLAIMSALERT LOGIC MAKES NO GUARANTEE THAT INTRUSIONS, 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 DEALING, USAGECOMPROMISES, OR TRADE PRACTICEANY OTHER UNAUTHORIZED ACTIVITY WILL NOT OCCUR ON A CUSTOMER NETWORK. Alert Logic will not be responsible for: (a) any failure to meet any Services Levels or Service 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 EXPIRATION AND NON-RENEWAL OF THE XXXX.

No Other Warranty. EXCEPT FOR THE FOREGOING REPRESENTATIONS AND WARRANTIES, ACCENTURE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGES, INCLUDING, 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 XXXXXX DISCLAIMS ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE 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 DEALING, USAGE, OR TRADE PRACTICE.

No Other Warranty. EXCEPT FOR THE FOREGOING REPRESENTATIONS EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5 AND ADDENDUM A, CIMS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, ACCENTURE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGES, INCLUDING, 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, FITNESS FOR A PARTICULAR PURPOSE, NON NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ACCENTURE CIMS DOES NOT WARRANT THAT THE OPERATION OF THE APPLICATION SERVICE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, DEFECT FREE OR COMPLETELY SECURE. THIRD PARTY SERVICES ARE PROVIDED ON AN “AS IS” THE SERVICE(S) AND “AS AVAILABLE” BASISTHE CIMS TECHNOLOGY MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, 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 DEALING, USAGEMANUFACTURED, OR TRADE PRACTICEINTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SERVICE(S) AND/OR CIMS TECHNOLOGY COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. CUSTOMER ACKNOWLEDGES THAT CUSTOMER IS RESPONSIBLE FOR MAINTAINING ADEQUATE BACKUP OR OTHER ARRANGEMENTS FOR PROVIDING CONTINUOUS MEDICAL COVERAGE DURING ANY FAILURE OF THE SERVICE(S) AND/OR CIMS TECHNOLOGY.

No Other Warranty. EXCEPT FOR YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE FOREGOING REPRESENTATIONS APP IS AT YOUR SOLE AND WARRANTIESEXCLUSIVE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCENTURE MAKES NO REPRESENTATIONS THE APP AND ANY EXTERNAL SERVICES PERFORMED OR WARRANTIESPROVIDED BY THE APP ARE PROVIDED "AS TS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY APP 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 WARRANTIESEXTERNAL SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALJTY, OF FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLEOF ACCURACY, OF QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM OF NON-INFRINGEMENT OF THIRD-PARTY RJGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GJVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE MUST CREATE A COURSE WARRANTY. SHOULD THE APP OR EXTERNAL SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF DEALINGALL NECESSARY SERVICING, USAGEREPAIR, OR TRADE PRACTICECORRECTION. ACCENTURE DOES SOME JURISDICTIONS DO NOT WARRANT THAT ALLOW THE OPERATION EXCLUSION OF JMPLJED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE APPLICATION SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THIRD PARTY SERVICES ARE PROVIDED ON AN “AS IS” ABOVE EXCLUSION AND “AS AVAILABLE” BASIS, AND LICENSEE’S USE OF SUCH THIRD PARTY SERVICE IS AT ITS OWN RISK. ACCENTURE DOES LIMITATlONS MAY NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES AND LIABILITIES WITH RESPECT APPLY 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 DEALING, USAGE, OR TRADE PRACTICEYOU.

No Other Warranty. EXCEPT FOR THE FOREGOING REPRESENTATIONS WARRANTIES MADE BY XXX IN SECTION 8.1 ABOVE, WHICH ARE LIMITED WARRANTIES AND WARRANTIESTHE ONLY WARRANTIES PROVIDED TO CLIENT, ACCENTURE THE SERVICES AND DELIVERABLES ARE PROVIDED STRICTLY “AS-IS.” XXX MAKES NO OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WARRANTIES WITH RESPECT TO THE DOCUMENTS SERVICES OR DELIVERABLES PROVIDED HEREUNDER, OR ANY MATTER WHATSOEVER. IN PARTICULAR, THERE IS NO WARRANTY THAT ALL SECURITY THREATS AND VULNERABILITIES IN A SUPPORTED PRODUCT, SUPPORTED SYSTEM OR NETWORK WILL BE DETECTED OR THAT THE LOAN DOCUMENT PACKAGES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN CONTEMPLATED BY THE LICENSE AGREEMENTSERVICES WILL RENDER THEM SAFE FROM SECURITY BREACHES. ORIGINATING LENDER UNERSTANDS AND ACKNOWLEDGES THAT ACCENTURE XXX DOES NOT ENGAGE IN WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF CLIENT OR ANY THIRD-PARTY. TO THE PRACTICE LAW AND THUS MAY NOT RENDER LEGAL ADVICE. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THE LICENSE AGREEMENTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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 XXX DISCLAIMS ANY AND ALL OTHER EXPRESS AND IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT TITLE AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICENON-INFRINGEMENT. ACCENTURE XXX DOES NOT WARRANT THAT THE OPERATION OF THE APPLICATION SERVICE SERVICES OR ANY DELIVERABLES 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 MEET ANY CLIENT REQUIREMENTS 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 DEALING, USAGESET FORTH HEREIN, OR TRADE PRACTICETHAT ANY DELIVERABLES WILL OPERATE IN THE COMBINATIONS THAT CLIENT MAY SELECT FOR USE.

No Other Warranty. EXCEPT FOR THE FOREGOING REPRESENTATIONS WARRANTIES DESCRIBED IN SECTION 7.1 ARE THE ONLY WARRANTIES OF ANY KIND PROVIDED BY NOF, AND THE WARRANTIES DESCRIBED IN SECTION 7.2 ARE THE ONLY WARRANTIES OF ANY KIND PROVIDED BY ONCORUS. BOTH PARTIES DISCLAIM ALL OTHER WARRANTIES, ACCENTURE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO INCLUDING THE DOCUMENTS OR THE LOAN DOCUMENT PACKAGES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7.1, NOF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR OTHERWISE, CONCERNING THE VALIDITY, ENFORCEABILITY AND SCOPE OF THE LICENSED CLAIMS, AND NON-INFRINGEMENT OF THIRD PARTY PATENT RIGHTS. WITHOUT LIMITATION TO THE FOREGOING, AND EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7.1 OR SECTION 10.4, NOF SHALL HAVE NO LIABILITY WHATSOEVER TO ONCORUS OR ANY OTHER THAN CONTEMPLATED PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS OR DAMAGE OF ANY KIND OR NATURE SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED ON ONCORUS ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (A) THE LICENSE AGREEMENT. ORIGINATING LENDER UNERSTANDS AND ACKNOWLEDGES THAT ACCENTURE DOES NOT ENGAGE IN DEVELOPMENT, MANUFACTURE, USE, OFFER FOR SALE, SALE, IMPORTATION, EXPORTATION OR COMMERCIALIZATION OF AN ONCORUS PRODUCT, OR THE PRACTICE LAW AND THUS MAY NOT RENDER LEGAL ADVICE. EXCEPT FOR OF THE EXPRESS WARRANTIES SET FORTH IN LICENSED CLAIMS; (B) 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 MAKEOR ANY ERRORS OR OMISSIONS IN ANY KNOW-HOW, AND HEARBY DISCLAIMS TECHNICAL INFORMATION, TECHNIQUES OR PRACTICES DISCLOSED BY NOF; OR (C) ANY AND ALL ADVERTISING OR OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND PROMOTIONAL ACTIVITIES CONCERNING ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ACCENTURE DOES NOT WARRANT THAT THE OPERATION OF THE APPLICATION SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECUREFOREGOING. 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 DEALING, USAGE, OR TRADE PRACTICE[***].