Common use of No Warranties Clause in Contracts

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSOR.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT Subscriber acknowledges that the Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis. Except for the limited warranty contained in paragraph 1 (d) and the limited Services availability warranty contained in paragraph 5 (d) hereof, RICOH MAKES NO WARRANTIES OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY KIND AS THEY MAY RELATE TO THE MANUFACTURER OR LICENSOR RENDERING OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE SERVICES OR THE USE OF THE RICOH SITE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATUREAPPLICATION, DIRECTLY OR INDIRECTLY, WHETHER EXPRESS OR IMPLIED, AS TO THE SUITABILITYINCLUDING, DURABILITYWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INTENDED USE, MERCHANTABILITYCOURSE OF DEALING OR USAGE OF TRADE, CONDITIONNON-INFRINGEMENT AND/OR RESULTS OBTAINED. FURTHER, RICOH DOES NOT WARRANT THAT THE SERVICES OR QUALITY SITE SHALL BE OPERABLE OR AVAILABLE, SHALL PROPERLY STORE DATA, SHALL OPERATE UNINTERRUPTED OR ERROR FREE, SHALL BE VIRUS FREE, SHALL BE SECURE, SHALL KEEP DATA CONFIDENTIAL, SHALL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SHALL MEET SUBSCRIBER'S NEEDS. RICOH DOES NOT WARRANT THAT THE SERVICES OR THE SITE WILL MEET ANY SPECIFIC LEVELS OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER NETWORK RELATED PERFORMANCE RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORCOMPILATION, RETRIEVAL OR TRANSPORT OF DATA OR OTHERWISE.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT ALTHOUGH COSTAR MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE MANUFACTURER LICENSED PRODUCT AND ALL PARTS THEREOF ARE PROVIDED ‘AS IS’, ‘WITH ALL FAULTS’, AND ‘AS AVAILABLE’. THE COSTAR PARTIES MAKE NO WARRANTIES. THE COSTAR PARTIES DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR LICENSOR GUARANTEES OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS ANY KIND, WHETHER EXPRESS, IMPLIED OR WARRANTIES OF WHATSOEVER NATURESTATUTORY, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYINCLUDING WITHOUT LIMITATION (1) MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE LICENSED PRODUCT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THE LICENSED PRODUCT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COSTAR PARTY, AND (5) THAT ACCESS TO OR USE OF THE LICENSED PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. THE ANALYSIS AND COSTAR MARKET REPORTS CONTAINED IN THE LICENSED PRODUCT MAY INCLUDE, WITHOUT LIMITATION, STATEMENTS REGARDING COSTAR'S CURRENT OR FUTURE BELIEFS, EXPECTATIONS, INTENTIONS OR STRATEGIES REGARDING PARTICULAR COMMERCIAL REAL ESTATE MARKETS. THE ANALYSIS AND COSTAR MARKET REPORTS ARE SUBJECT TO MANY RISKS AND UNCERTAINTIES THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THE ANALYSIS AND COSTAR MARKET REPORTS. LICENSEE UNDERSTANDS THAT THE ANALYSIS AND COSTAR MARKET REPORTS CONTAINED IN THE LICENSED PRODUCT ARE BELIEVED TO BE STATE OF THE ART AND, BY REASON OF THEIR LIMITED PERIOD OF USE, MERCHANTABILITY, CONDITION, OR QUALITY THEIR DEGREE OF THE EQUIPMENT OR ANY UNIT THEREOFACCURACY IN REPORTING COMMERCIAL REAL ESTATE MARKET INFORMATION AND MAKING FORECASTS IS NOT PROVEN. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR LICENSEE SHALL NOT BE LIABLE TO LESSEE HOLD COSTAR OR ITS LICENSORS RESPONSIBLE FOR ANY LOSSERRORS IN REPORTING, DAMAGEEVALUATING, ANALYZING, SIMULATING OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROFFORECASTING COMMERCIAL REAL ESTATE MARKET INFORMATION, OR FOR ANY LOSS OF BUSINESS INFORMATION, ANALYSES OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO COSTAR MARKET REPORTS COMPRISING THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORLICENSED PRODUCT.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR THE ENTIRE AGREEMENT BETWEEN THE SELLER AND BUYER WITH RESPECT TO THE PROPERTY AND THE SALE THEREOF IS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE PARTIES ARE NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO BOUND BY ANY AGREEMENTS, UNDERSTANDINGS, PROVISIONS, CONDITIONS, REPRESENTATIONS OR WARRANTIES (WHETHER WRITTEN OR ORAL AND WHETHER MADE BY SELLER OR ANY AGENT, EMPLOYEE, MEMBER, OFFICER OR PRINCIPAL OF WHATSOEVER NATURESELLER OR ANY OTHER PARTY) OTHER THAN AS ARE EXPRESSLY SET FORTH AND STIPULATED IN THIS AGREEMENT. WITHOUT IN ANY MANNER LIMITING THE GENERALITY OF THE FOREGOING, DIRECTLY BUYER ACKNOWLEDGES THAT IT AND ITS REPRESENTATIVES HAVE FULLY INSPECTED THE PROPERTY OR INDIRECTLYWILL BE PROVIDED WITH AN ADEQUATE OPPORTUNITY TO DO SO, EXPRESS ARE OR IMPLIEDWILL BE FULLY FAMILIAR WITH THE FINANCIAL AND PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION THEREOF, AND THAT THE PROPERTY HAS BEEN PURCHASED BY BUYER IN AN "AS IS" AND "WHERE IS" CONDITION AND WITH ALL EXISTING DEFECTS (PATENT AND LATENT) AS A RESULT OF SUCH INSPECTIONS AND INVESTIGATIONS AND NOT IN RELIANCE ON ANY AGREEMENT, UNDERSTANDING, CONDITION, WARRANTY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) OR REPRESENTATION MADE BY SELLER OR ANY AGENT, EMPLOYEE, MEMBER, OFFICER OR PRINCIPAL OF SELLER OR ANY OTHER PARTY (EXCEPT AS OTHERWISE EXPRESSLY ELSEWHERE PROVIDED IN THIS AGREEMENT) AS TO THE FINANCIAL OR PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION OF THE PROPERTY OR THE AREAS SURROUNDING THE PROPERTY, OR AS TO ANY OTHER MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION AS TO ANY PERMITTED USE THEREOF, THE ZONING CLASSIFICATION THEREOF OR COMPLIANCE THEREOF WITH FEDERAL, STATE OR LOCAL LAWS, AS TO THE SUITABILITYINCOME OR EXPENSE IN CONNECTION THEREWITH, DURABILITYOR AS TO ANY OTHER MATTER IN CONNECTION THEREWITH. BUYER ACKNOWLEDGES THAT, FITNESS FOR USEEXCEPT AS OTHERWISE EXPRESSLY ELSEWHERE PROVIDED IN THIS AGREEMENT, MERCHANTABILITYNEITHER SELLER, NOR ANY AGENT, MEMBER, OFFICER, EMPLOYEE OR PRINCIPAL OF SELLER NOR ANY OTHER PARTY ACTING ON BEHALF OF SELLER HAS MADE OR SHALL BE DEEMED TO HAVE MADE ANY SUCH AGREEMENT, CONDITION, REPRESENTATION OR QUALITY WARRANTY EITHER EXPRESSED OR IMPLIED. THIS PARAGRAPH SHALL SURVIVE CLOSING AND DELIVERY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES DEED, AND SHALL BE DEEMED INCORPORATED BY REFERENCE AND MADE A PART OF ALL RIGHT DOCUMENTS DELIVERED BY SELLER TO MAKE CLAIM AGAINST LESSOR FOR BREACH BUYER IN CONNECTION WITH THE SALE OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORPROPERTY.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR ACCESS TO THE SERVICES AND THE INFORMATION CONTAINED ON THE SERVICES IS NOT THE MANUFACTURER OR LICENSOR PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE ANY KIND, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATUREWE DISCLAIM ALL WARRANTIES, DIRECTLY OR INDIRECTLY, EXPRESS EXPRESSED OR IMPLIED, AS STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE SUITABILITY, DURABILITYIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SERVICES OR THE INFORMATION IN THE SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, MERCHANTABILITYLOSS OF GOODWILL, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROFINFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. WE DISCLAIM ANY AND ALL LIABILITY FOR ANY ERRONEOUS TRANSMISSIONS AND LOSS OF BUSINESS SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORSERVICES.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT (a) THE MANUFACTURER LICENSED MATERIALS AND ALL SERVICES PROVIDED OR LICENSOR OF TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITH ALL FAULTS, AND CUSTOMER ASSUMES THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, ENTIRE RISK AS TO THE SUITABILITYQUALITY AND PERFORMANCE OF THE LICENSED MATERIALS AND SERVICES. COMPANY DISCLAIMS, DURABILITYANY AND ALL WARRANTIES, FITNESS FOR USECONDITIONS, OR REPRESENTATIONS (EXPRESS, IMPLIED, OR STATUTORY, ORAL OR WRITTEN) WITH RESPECT TO THE LICENSED MATERIALS OR ANY PART THEREOF OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CONDITIONQUALITY, OR QUALITY OF THE EQUIPMENT FITNESS OR SUITABILITY FOR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT PURPOSE (WHETHER OR NOT COMPANY KNOWS, HAS REASON TO MAKE CLAIM AGAINST LESSOR FOR BREACH KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY EQUIPMENT WARRANTY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSORCUSTOM OR USAGE IN THE TRADE, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGEBY COURSE OF DEALING, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR OTHERWISE. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OF A MANUFACTURER OR LICENSOR REPRESENTATION TO ANY PERSON OTHER THAN CUSTOMER. COMPANY DOES NOT WARRANT THAT THE SERVICES OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORLICENSED MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR ACCESS TO THE SYSTEM AND THE INFORMATION CONTAINED ON THE SYSTEM IS NOT THE MANUFACTURER OR LICENSOR PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATUREANY KIND, DIRECTLY OR INDIRECTLY, EXPRESS EXPRESSED OR IMPLIED, AS TO INCLUDING BUT NOT LIMITED TO, THE SUITABILITY, DURABILITYIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SYSTEM OR THE INFORMATION IN THE SYSTEM, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROFINFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. WE DISCLAIM ANY AND ALL LIABILITY FOR ANY ERRONEOUS TRANSMISSIONS AND LOSS OF BUSINESS SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORSYSTEM.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOTWITHSTANDING ANY OTHER TERMS OF THIS AGREEMENT TO THE CONTRARY, BLUECAT PROVIDES NO WARRANTY OR INDEMNITY REGARDING THE PRODUCTS OR THEIR PERFORMANCE, EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED TO AN END USER PURSUANT TO THE MASTER AGREEMENT. BLUECAT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INDEMNITIES, COVENANTS AND CONDITIONS, ORAL OR WRITTEN, EXPRESS, IMPLIED, WHETHER ARISING UNDER CUSTOM, COMMON LAW OR STATUTE, INCLUDING BUT NOT LIMITED TO THE MANUFACTURER OR LICENSOR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE EQUIPMENT. LESSEE AGREES FOREGOING, BLUECAT DOES NOT WARRANT THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS THE PRODUCTS WILL OPERATE WITHOUT ERROR OR WARRANTIES INTERRUPTION, THAT THEY WILL BE ABLE TO IDENTIFY OR FILTER OUT ALL KNOWN SPAM, SOFTWARE VIRUSES OR OTHER PROGRAMMING ROUTINES THAT MIGHT CAUSE DAMAGE TO RESELLER OR ITS END USERS, THAT THEY WILL SATISFY ALL OF WHATSOEVER NATURE, DIRECTLY THE NEEDS OF RESELLER OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITIONITS END USERS, OR QUALITY THAT THEY WILL OPERATE WITH ALL COMBINATIONS OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; HARDWARE AND SOFTWARE WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT WHICH THEY MAY BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORUSED.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DocuSign Envelope ID: 6DED73F5-BFF8-4F97-8769-3BDA849BBAEB DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSOR.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT EXCEPT AS SET FORTH IN SECTION 10.8, ACCESS TO THE MANUFACTURER OR LICENSOR HOSTED SYSTEM, USE OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE HOSTED APPLICATIONS AND MAKES NO REPRESENTATIONS OR WARRANTIES THE INFORMATION OBTAINED BY A PARTICIPANT PURSUANT TO THE USE OF WHATSOEVER NATURETHOSE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, DIRECTLY OR INDIRECTLY, EXPRESS EXPRESSED OR IMPLIED, AS TO INCLUDING BUT NOT LIMITED TO, THE SUITABILITY, DURABILITY, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PARTICIPANT IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE NDHIN OR THE HOSTED SYSTEM OR THE INFORMATION IN THE SYSTEM, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUES, LOSS OF USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROFINFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORIES OF LIABILITY, EVEN IF THE PARTY HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF THOSE DAMAGES OCCURRING. EACH PARTY DISCLAIMS ANY AND ALL LIABILITY FOR ANY ERRONEOUS TRANSMISSIONS AND LOSS OF BUSINESS SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORHOSTED SYSTEM.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT ACCESS TO THE MANUFACTURER OR LICENSOR HIE, USE OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE SERVICES, AND MAKES NO REPRESENTATIONS OR WARRANTIES THE INFORMATION OBTAINED BY A PARTICIPANT PURSUANT TO THE USE OF WHATSOEVER NATURETHOSE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, DIRECTLY OR INDIRECTLY, EXPRESS EXPRESSED OR IMPLIED, AS TO INCLUDING BUT NOT LIMITED TO, THE SUITABILITY, DURABILITYIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND, EXCEPT AS PROVIDED TO THE CONTRARY IN A VENDOR AGREEMENT, NON- INFRINGEMENT. THE PARTICIPANT SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE HIE OR THE INFORMATION IN THE HIE, INCLUDING BUT NOT LIMITED TO INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL HEALTHeCONNECTIONS OR ANY OTHER PARTICIPANT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, MERCHANTABILITYLOSS OF INFORMATION OR DATA, CONDITIONBODILY INJURY, OR QUALITY OTHER THIRD-PARTY LIABILITIES, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORIES OF LIABILITY, EVEN IF HEALTHeCONNECTIONS OR THE PARTICIPANT HAS BEEN APPRISED OF THE EQUIPMENT POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. HEALTHeCONNECTIONS AND EACH PARTICIPANT DISCLAIMS ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES AND ALL RIGHT TO MAKE CLAIM AGAINST LESSOR LIABILITY FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; ERRONEOUS TRANSMISSIONS AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORHIE.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR ADVICE OR INFORMATION GIVEN BY XXXXXXX, ITS REPRESENTATIVES OR ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS SHALL NOT CREATE A WARRANTY. USE OF VERIZON TECHNICAL SUPPORT (INCLUDING SUPPORT PROVIDED BY ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS) IS AT YOUR OWN RISK AND IS NOT WARRANTED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, VERIZON AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR IMPLIED WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYMERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND NONINFRINGEMENT. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS. IN ADDITION, MERCHANTABILITYVERIZON AND/OR ITS THIRD PARTY LICENSORS, CONDITIONPROVIDERS AND SUPPLIERS, AS APPLICABLE, DO NOT GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR QUALITY THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE. THE PROVISIONING AND PERFORMANCE (SPEED) OF THE EQUIPMENT SERVICE IS SUBJECT TO CIRCUIT OR ANY UNIT THEREOFOTHER NETWORK FACILITY AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES AND NETWORK/INTERNET CONGESTION, AMONG OTHER FACTORS. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL IN THE EVENT YOUR LINE IS NOT BE LIABLE TO LESSEE PROVISIONED FOR ANY LOSSREASON, DAMAGENEITHER YOU NOR VERIZON SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY VERIZON-PROVIDED EQUIPMENT). VERIZON DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY VERIZON WILL MEET YOUR NEEDS, PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDERWILL BE UNINTERRUPTED, ERROR-FREE, OR BY THE USE OR MAINTENANCE THEREOFSECURE, OR BY THE REPAIRSFREE OF VIRUSES, SERVICE WORMS, DISABLING CODE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOFCONDITIONS, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORLIKE.

No Warranties. LESSEE ACKNOWLEDGES SUBJECT TO ANY STATUTORY WARRANTIES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND CANNOT BE EXCLUDED, LENOVO MAKES NO REPRESENTATIONS WARRANTIES OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYCONDITIONS, EXPRESS OR IMPLIED, AS TO REGARDING THE SUITABILITYPROGRAM, DURABILITYINCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITYAND TITLE, CONDITIONAND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY LAW. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION 8 ALSO APPLY TO ANY OF LENOVO’S PROGRAM DEVELOPERS AND SUPPLIERS. MANUFACTURERS, SUPPLIERS, OR QUALITY PUBLISHERS OF THE EQUIPMENT OR ANY UNIT THEREOFNON-LENOVO PROGRAMS MAY PROVIDE THEIR OWN WARRANTIES. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH LENOVO DOES NOT PROVIDE SUPPORT OF ANY EQUIPMENT WARRANTY OF KIND, UNLESS LENOVO SPECIFIES OTHERWISE. IN SUCH EVENT, ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY SUPPORT PROVIDED BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING LENOVO IS SUBJECT TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORDISCLAIMERS AND EXCLUSIONS IN THIS SECTION 8.

No Warranties. LESSEE ACKNOWLEDGES EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, THE SOFTWARE, THE i2 SW SUBSCRIPTION AND SUPPORT PROGRAM, AND DOCUMENTATION ARE PROVIDED TO LICENSEE ON AN “AS-IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, AND LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS CONCERNING THE SOFTWARE, THE i2 SW SUBSCRIPTION AND SUPPORT PROGRAM, AND DOCUMENTATION AND THEIR RESPECTIVE USE, WHETHER EXPRESS OR IMPLIED OR STATUTORY OR OTHERWISE ARISING IN LAW (INCLUDING DURING THE COURSE OF DEALING, USAGE OR TRADE) AND WHETHER ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF: (A) DESIGN, (B) MERCHANTABILITY, (C) FITNESS FOR ANY PARTICULAR PURPOSE, (D) NON-INFRINGEMENT, (E) PERFORMANCE, INCLUDING THAT LESSOR THE SOFTWARE IS NOT ACCURATE, ERROR FREE, VIRUS FREE OR SECURE, OR THAT THE MANUFACTURER SOFTWARE WILL OPERATE UNINTERRUPTED, (F) ACHIEVING ANY INTENDED RESULT, (G) BEING COMPATIBLE OR LICENSOR WORKING WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, AND (H) COMPLIANCE WITH STANDARDS OR LAWS. LICENSEE CONFIRMS THAT IT HAS THE SOLE RESPONSIBILITY FOR ALL USE OF THE EQUIPMENTSOFTWARE, FOR ANY PRODUCTS OR SERVICES THAT USE THE SOFTWARE, AND FOR ALL DECISIONS TAKEN FROM SUCH USE. LESSEE AGREES LICENSEE ASSUMES ALL RISK FOR ALL DAMAGES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY MAY RESULT FROM LICENSEE’S USE OF THE EQUIPMENT SOFTWARE OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH FROM USE OF ANY EQUIPMENT WARRANTY THE SOFTWARE BY USERS OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORLICENSEE.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE XXXXXX AGREES THAT LESSOR XXXXXX HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEEXXXXXX’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSOR.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT ACCESS TO THE MANUFACTURER OR LICENSOR HIE, USE OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE SERVICES, AND MAKES NO REPRESENTATIONS OR WARRANTIES THE INFORMATION OBTAINED BY A PARTICIPANT PURSUANT TO THE USE OF WHATSOEVER NATURETHOSE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, DIRECTLY OR INDIRECTLY, EXPRESS EXPRESSED OR IMPLIED, AS TO INCLUDING BUT NOT LIMITED TO, THE SUITABILITY, DURABILITYIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND, EXCEPT AS PROVIDED IN A VENDOR AGREEMENT, NON-INFRINGEMENT. THE PARTICIPANT SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE HIE OR THE INFORMATION IN THE HIE, INCLUDING BUT NOT LIMITED TO INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL HEALTHeLINK OR ANY OTHER PARTICIPANT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, MERCHANTABILITYLOSS OF INFORMATION OR DATA, CONDITIONBODILY INJURY, OR QUALITY OTHER THIRD-PARTY LIABILITIES, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORIES OF LIABILITY, EVEN IF HEALTHeLINK OR THE PARTICIPANT HAS BEEN APPRISED OF THE EQUIPMENT POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. HEALTHeLINK AND EACH PARTICIPANT DISCLAIMS ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES AND ALL RIGHT TO MAKE CLAIM AGAINST LESSOR LIABILITY FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; ERRONEOUS TRANSMISSIONS AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORHIE.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT DREXEL represents and warrants to LICENSEE that: (i) DREXEL has sufficient legal and/or beneficial title under its interest in to the Patent Rights necessary to grant the License; and (ii) it has not granted any right to a third party under the Patent Rights. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE PATENT RIGHTS, TECHNICAL INFORMATION, LICENSED PRODUCTS AND ALL OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS, AND DREXEL MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYWARRANTIES, EXPRESS OR IMPLIED, AS TO THE SUITABILITYWITH RESPECT THERETO. BY WAY OF EXAMPLE BUT NOT OF LIMITATION, DURABILITY, DREXEL MAKES NO REPRESENTATIONS OR WARRANTIES: (a) OF COMMERCIAL UTILITY; (b) OF MERCHANTABILITY OR FITNESS FOR USE, MERCHANTABILITY, CONDITION, A PARTICULAR PURPOSE; OR QUALITY (c) THAT THE USE OF THE EQUIPMENT PATENT RIGHTS, TECHNICAL INFORMATION, LICENSED PRODUCTS OR ANY UNIT THEREOFTECHNOLOGY LICENSED UNDER THIS AGREEMENT WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK OR OTHER PROPRIETARY OR PROPERTY RIGHTS OF OTHERS. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR DREXEL SHALL NOT BE LIABLE TO LESSEE FOR LICENSEE, LICENSEE’S SUBLICENSEES OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS OR ANY LOSSTHIRD PARTY WITH RESPECT TO: ANY CLAIM ARISING FROM USE OF THE PATENT RIGHTS, DAMAGETECHNICAL INFORMATION, LICENSED PRODUCTS OR EXPENSE OF ANY KIND TECHNOLOGY LICENSED UNDER THIS AGREEMENT OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDERFROM THE MANUFACTURE, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO SALE OF LICENSED PRODUCTS; OR ANY DELAY CLAIM FOR LOSS OF PROFITS, LOSS OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROFBUSINESS, OR FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORKIND.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE XXXXXX AGREES THAT LESSOR XXXXXX HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE XXXXXX SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSORXXXXXX, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEEXXXXXX’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSOR.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER UNIVERSITY, AND ITS AGENTS AND/OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE EMPLOYEES, MAKE NO REPRESENTATION AND MAKES EXTEND NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATUREANY KIND, DIRECTLY OR INDIRECTLY, EITHER EXPRESS OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO THE SUITABILITY, DURABILITYWARRANTIES OF MERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITYAND VALIDITY OF PATENT RIGHTS CLAIMS, CONDITION, ISSUED OR QUALITY PENDING. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION OR WARRANTY THAT THE PRACTICE BY LICENSEE OF THE EQUIPMENT LICENSE GRANTED HEREUNDER SHALL NOT INFRINGE THE PATENT RIGHTS OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OTHER PROPERTY RIGHTS OF ANY EQUIPMENT WARRANTY THIRD PARTY. UNIVERSITY ADDITIONALLY DISCLAIMS ALL OBLIGATIONS AND LIABILITIES ON THE PART OF ANY KIND WHATSOEVER; UNIVERSITY, ITS TRUSTEES, OFFICERS, EMPLOYEES, STUDENTS, AGENTS AND/OR REPRESENTATIVES FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, ATTORNEYS’ AND EXPERTS’ FEES, AND COURT COSTS (EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FEES OR COSTS), ARISING OUT OF OR IN CONNECTION WITH RESPECT TO LESSORTHIS AGREEMENT, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSSINCLUDING THE MANUFACTURE, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY SALE OF THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR PRODUCT(S) AND SERVICE(S) LICENSED UNDER THIS AGREEMENT. LICENSEE ASSUMES ALL RESPONSIBILITY AND LIABILITY FOR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN BY A PRODUCT THAT IS MANUFACTURED, USED OR SOLD BY LICENSEE OR SERVICES RENDERED BY LICENSEE (INCLUDING ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY SUBLICENSEE SALES OR SERVICES) WHICH IS LICENSED TECHNOLOGY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSOR.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR THE BNBQ DEALER DIRECT PROGRAM AND ANY SITE THROUGH WHICH THE BNBQ DEALER DIRECT PROGRAM IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENTAVAILABLE ARE PROVIDED ON AN "AS IS" BASIS. LESSEE AGREES THAT LESSOR HAS NOT MADE AND BNBQ MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYANY KIND, EXPRESS OR IMPLIED, AS TO INCLUDING WITHOUT LIMITATION: (I) THE SUITABILITY, DURABILITYIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITYTITLE, CONDITIONAND NON-INFRINGEMENT; (II) THAT THE BNBQ DEALER DIRECT PROGRAM ANY SITE THROUGH WHICH THE BNBQ DEALER DIRECT PROGRAM IS AVAILABLE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR QUALITY OPERATE WITHOUT ERROR; (III) THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON VIA THE BNBQ DEALER DIRECT PROGRAM WILL BE AS REPRESENTED BY PARTICIPATING DEALERS, AVAILABLE FOR SALE, LAWFUL TO SELL, OR THAT PARTICIPATING DEALERS OR CUSTOMERS WILL PERFORM AS PROMISED; (IV) ANY IMPLIED WARRANTY ARISING FROM COURSE OF THE EQUIPMENT DEALING OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH USAGE OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVERTRADE; AND WITH RESPECT TO LESSOR(V) ANY OBLIGATION, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSSLIABILITY, DAMAGERIGHT, CLAIM, OR EXPENSE REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING BNBQ. TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORFULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BNBQ DISCLAIMS ANY AND ALL SUCH WARRANTIES.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR ADVICE OR INFORMATION GIVEN BY VERIZON OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY. USE OF VERIZON TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, VERIZON AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR IMPLIED WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYMERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND NONINFRINGEMENT. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS. IN ADDITION, MERCHANTABILITY, CONDITIONVERIZON DOES NOT GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR QUALITY THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE. THE PROVISIONING AND PERFORMANCE (SPEED) OF THE EQUIPMENT SERVICE IS SUBJECT TO CIRCUIT OR ANY UNIT THEREOFOTHER NETWORK FACILITY AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES AND NETWORK/INTERNET CONGESTION, AMONG OTHER FACTORS. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL IN THE EVENT YOUR LINE IS NOT BE LIABLE TO LESSEE PROVISIONED FOR ANY LOSSREASON, DAMAGENEITHER YOU NOR VERIZON SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY VERIZON-PROVIDED EQUIPMENT). VERIZON DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY VERIZON WILL MEET YOUR NEEDS, PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDERWILL BE UNINTERRUPTED, ERROR-FREE, OR BY THE USE OR MAINTENANCE THEREOFSECURE, OR BY THE REPAIRSFREE OF VIRUSES, SERVICE WORMS, DISABLING CODE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOFCONDITIONS, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORLIKE.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE MANUFACTURER PARTIES MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR LICENSOR IMPLIED, INCLUDING WITHOUT LIMITATION, THERE ARE NO WARRANTIES OF THE EQUIPMENTMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR NON-MISAPPROPRIATION OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, ARE MADE OR GIVEN BY OR ON BEHALF OF A PARTY. LESSEE AGREES THAT LESSOR HAS NOT MADE AND EACH PARTY MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYWARRANTIES, EXPRESS OR IMPLIED, [***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS TO AMENDED REGARDING THE SUITABILITYPATENTABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, VALIDITY OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH ENFORCEABILITY OF ANY EQUIPMENT WARRANTY LICENSED PATENT RIGHTS. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ALL REPRESENTATIONS AND WARRANTIES, WHETHER ARISING BY OPERATION OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSORLAW OR OTHERWISE, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORARE HEREBY EXPRESSLY EXCLUDED.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS EXCEPT FOR THE SPECIFIC PROVISIONS OF THIS AGREEMENT, EACH PARTY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE TECHNOLOGY LICENSED HEREUNDER, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING OUT OF CUSTOM OR TRADE USAGE, INCLUDING, BUT NOT LIMITED TO, THE MANUFACTURER IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY LICENSOR OF THE EQUIPMENTACCURACY, SAFETY, OR USEFULNESS FOR ANY PURPOSE OF ANY TECHNICAL INFORMATION, TECHNIQUES, OR PRACTICES AT ANY TIME MADE AVAILABLE BY LICENSOR. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS ORAL OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY WRITTEN INFORMATION OR INDIRECTLY, EXPRESS ADVICE GIVEN BY LICENSOR OR IMPLIED, AS LICENSOR’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR REPRESENTATION. THIS SECTION SHALL BE ENFORCEABLE TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOFMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR IN NO EVENT SHALL NOT A PARTY BE LIABLE TO LESSEE THE OTHER PARTY UNDER THIS AGREEMENT OR ANY THIRD PARTY FOR ANY LOSSINCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, DAMAGEWITHOUT LIMITATION, ANY INDIRECT, SPECIAL, PUNITIVE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR EXEMPLARY DAMAGES FOR LOSS OF USE THEROFBUSINESS, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUES, BUSINESS INTERRUPTION, LOSS OF SOFTWARE, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, THE INADEQUACY OF THE LICENSED MATERIALS FOR ANY PURPOSE, OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER OTHER ITEM) RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORSUBJECT MATTER OF THIS AGREEMENT.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE EQUIPMENTSERVICES IS AT YOUR OWN RISK. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF WHATSOEVER NATUREANY KIND, DIRECTLY OR INDIRECTLY, WHETHER EXPRESS OR IMPLIED, AS TO THE SUITABILITYINCLUDING, DURABILITYBUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITIONA PARTICULAR PURPOSE, OR QUALITY NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PA DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; SERVICES IS DOWNLOADED AT YOUR OWN RISK AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT YOU WILL BE LIABLE TO LESSEE SOLELY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE DAMAGE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE YOUR PROPERTY OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING DATA THAT ANY RESULTS FROM SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORDOWNLOAD.

No Warranties. LESSEE ACKNOWLEDGES EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT LESSOR YOUR USE OF EBANKING IS NOT AT YOUR SOLE RISK AND THAT EBANKING AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE MANUFACTURER WEBSITE OR LICENSOR OF MOBILE APP, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT, UNLESS OTHERWISE STATED ON THE EQUIPMENTWEBSITE, IN THE MOBILE APP, OR IN ANY APPLICABLE AGREEMENT, WE MAKE NO WARRANTY THAT (I) EBANKING WILL MEET YOUR REQUIREMENTS; (II) EBANKING WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) EBANKING WILL PROVIDE ACCURATE OR RELIABLE RESULTS; OR (IV) ANY ERRORS IN EBANKING WILL BE CORRECTED. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITYFULLEST EXTENT PERMITTED BY LAW, DURABILITYWE DISCLAIM ALL REPRESENTATIONS, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY WARRANTIES AND CONDITIONS OF ANY KIND WHATSOEVER; (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND WITH RESPECT FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO LESSOREBANKING AND ALL INFORMATION, LESSEE LEASES EQUIPMENT “AS IS”PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE WEBSITE OR MOBILE APP. LESSOR SHALL NOT BE LIABLE NO LICENSE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT YOU IS IMPLIED IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORTHESE DISCLAIMERS.

No Warranties. LESSEE ACKNOWLEDGES SUBJECT TO ANY STATUTORY WARRANTIES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND CANNOT BE EXCLUDED, IBM MAKES NO REPRESENTATIONS WARRANTIES OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYCONDITIONS, EXPRESS OR IMPLIED, AS TO REGARDING THE SUITABILITYPROGRAM OR SUPPORT, DURABILITYIF ANY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITYAND TITLE, CONDITIONAND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY LAW. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION 5 ALSO APPLY TO ANY OF IBM'S PROGRAM DEVELOPERS AND SUPPLIERS. MANUFACTURERS, SUPPLIERS, OR QUALITY PUBLISHERS OF THE EQUIPMENT OR ANY UNIT THEREOFNON-IBM PROGRAMS MAY PROVIDE THEIR OWN WARRANTIES. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH IBM DOES NOT PROVIDE SUPPORT OF ANY EQUIPMENT WARRANTY OF KIND, UNLESS IBM SPECIFIES OTHERWISE. IN SUCH EVENT, ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY SUPPORT PROVIDED BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING IBM IS SUBJECT TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORDISCLAIMERS AND EXCLUSIONS IN THIS SECTION 5.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE EQUIPMENTSERVICES IS AT YOUR OWN RISK. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF WHATSOEVER NATUREANY KIND, DIRECTLY OR INDIRECTLY, WHETHER EXPRESS OR IMPLIED, AS TO THE SUITABILITYINCLUDING, DURABILITYBUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITIONA PARTICULAR PURPOSE, OR QUALITY NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PS DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; SERVICES IS DOWNLOADED AT YOUR OWN RISK AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT YOU WILL BE LIABLE TO LESSEE SOLELY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE DAMAGE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE YOUR PROPERTY OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING DATA THAT ANY RESULTS FROM SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORDOWNLOAD.

No Warranties. LESSEE ACKNOWLEDGES THE SOFTWARE AND SERVICES ARE PROVIDED TO YOU AND ALL AUTHORIZED USERS “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INFINITI, ON ITS OWN BEHALF AND ON BEHALF OF ITS PARENT, AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, AND WARRANTIES THAT LESSOR IS NOT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE MANUFACTURER FOREGOING, INFINITI PROVIDES NO WARRANTY OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE UNDERTAKING, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY REPRESENTATION OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSORTHAT THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT ACHIEVE ANY INTENDED RESULTS, BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGECOMPATIBLE, OR EXPENSE OF WORK WITH ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDEROTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR BY THE USE SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR MAINTENANCE THEREOFRELIABILITY STANDARDS OR BE ERROR FREE, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER ERRORS OR LICENSOR DEFECTS CAN OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORWILL BE CORRECTED.

No Warranties. LESSEE ACKNOWLEDGES SUBJECT TO ANY STATUTORY WARRANTIES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND CANNOT BE EXCLUDED, IBM MAKES NO REPRESENTATIONS WARRANTIES OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYCONDITIONS, EXPRESS OR IMPLIED, AS TO REGARDING THE SUITABILITYIBM OFFERING(S), DURABILITYINCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITYAND TITLE, CONDITIONAND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY LAW. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION ALSO APPLY TO ANY OF IBM'S PROGRAM DEVELOPERS AND SUPPLIERS. MANUFACTURERS, SUPPLIERS, OR QUALITY PUBLISHERS OF THE EQUIPMENT OR ANY UNIT THEREOFNON-IBM PROGRAMS MAY PROVIDE THEIR OWN WARRANTIES. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH IBM DOES NOT PROVIDE SUPPORT OF ANY EQUIPMENT WARRANTY OF KIND, UNLESS IBM SPECIFIES OTHERWISE. IN SUCH EVENT, ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY SUPPORT PROVIDED BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING IBM IS SUBJECT TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORDISCLAIMERS AND EXCLUSIONS IN THIS SECTION.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENTMATERIALS, CONTENT, SERVICES AND ACCOUNTS ARE PROVIDED "AS IS" AND 'AS AVAILABLE'. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES WE MAKE NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYWARRANTIES, EXPRESS OR IMPLIED, AS TO REGARDING THE SUITABILITYMATERIALS, DURABILITYCONTENT, SERVICES AND ACCOUNTS WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR USE, MERCHANTABILITY, CONDITIONA PARTICULAR PURPOSE, OR QUALITY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. NEITHER CLEVER PHONE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, SOFTWARE, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF, YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS, OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF CLEVER PHONE'S; OR ITS SERVICE PROVIDER'S OR VENDOR'S NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE, IF ANY, BY CLEVER PHONE OR CLEVER PHONES' AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE EQUIPMENT SERVICES SHALL BE BORNE SOLELY BY YOU.ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY UNIT STATE THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT ALTHOUGH CLEVER PHONE MAKES EVERY EFFORT TO ENSURE THAT VOICE, VOICEMAILS AND DATA TRANSMISSIONS ARE SECURE, CLEVER PHONE MAKES NO GUARANTEES OF SECURITY. CLEVER PHONE DOES NOT WARRANT THE RELIABILITY OR ACCURACY OF THE RESULTS OBTAINED BY USING THE SERVICES OR ANY DATA DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED BY USING THE SERVICES. CLEVER PHONE DOES NOT AUTHORIZE ANYONE TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT A WARRANTY OF ANY KIND WHATSOEVER; ON OUR BEHALF INCLUDING WITHOUT LIMITATION CLEVER PHONE'S EMPLOYEES AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL YOU SHOULD NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT RELY ON ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDERSTATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. As certain jurisdictions do not allow some of the exclusions, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORdisclaimers, or limitations as set forth above in this Section, some of these exclusions, disclaimers, or limitations may not apply to you.

No Warranties. LESSEE ACKNOWLEDGES VERIZON DOES NOT GUARANTEE THAT LESSOR SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE. THE SERVICE IS SUBJECT TO INTERRUPTION, DEGRADATION OR FAILURE DUE TO VARIOUS FACTORS, INCLUDING WITHOUT LIMITATION, THE CONDITION AND PERFORMANCE OF YOUR INTERNET CONNECTION, LOSS OF POWER, YOUR EQUIPMENT CONFIGURATION AND CAPABILITIES, AND NETWORK CONDITIONS. IN THE EVENT YOUR SERVICE CAN NOT BE PROVISIONED FOR ANY REASON, NEITHER YOU NOR VERIZON SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO PAY FOR OR RETURN ANY VERIZON- PROVIDED EQUIPMENT). EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR THE TERMS OF WARRANTY PROVIDED FOR OR WITH SPECIFIC EQUIPMENT, VERIZON DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY VERIZON WILL MEET YOUR NEEDS, PERFORM AT A PARTICULAR RATE OR WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR FREE OF INTERFERENCE, DISABLING CODE OR CONDITIONS, OR THE LIKE. ADVICE OR INFORMATION GIVEN BY VERIZON OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY. USE OF VERIZON SERVICE AND TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN. VERIZON AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT, SOFTWARE AND SUPPORT, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR IMPLIED WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYMERCHANTABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, A PARTICULAR PURPOSE (EVEN IF WE KNEW OR QUALITY SHOULD HAVE KNOWN SUCH PURPOSE) AND NONINFRINGEMENT. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IF ANY EQUIPMENT THAT CUSTOMER PURCHASES FROM VERIZON AS PART OF THE SERVICE FAILS DURING THE APPLICABLE WARRANTY PERIOD AND VERIZON DETERMINES SUCH EQUIPMENT TO BE DEFECTIVE, VERIZON MAY ELECT TO REPAIR IT OR ANY UNIT THEREOFREPLACE THE EQUIPMENT WITH EQUIPMENT OF SIMILAR CAPABILITIES. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH IF CUSTOMER DOES NOT RETURN THE DEFECTIVE EQUIPMENT WITHIN 14 DAYS AFTER RECEIPT OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSORREPLACEMENT EQUIPMENT, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR CUSTOMER SHALL NOT BE LIABLE TO LESSEE FOR PAYMENT OF THE PURCHASE PRICE OF THE REPLACEMENT EQUIPMENT. UNLESS OTHERWISE SPECIFIED IN WRITING BY VERIZON, THE WARRANTY PERIOD FOR ANY LOSS, DAMAGE, OR EXPENSE EQUIPMENT PURCHASED FROM VERIZON UNDER THIS AGREEMENT SHALL BE ONE YEAR FROM THE DATE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORPURCHASE.

No Warranties. LESSEE ACKNOWLEDGES YOU EXPRESSLY UNDERSTAND AND AGREE THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR YOUR USE OF THE EQUIPMENTSITE IS AT YOUR SOLE RISK. LESSEE AGREES THAT LESSOR HAS NOT MADE THE SITE IS PROVIDED ON AN "AS IS" AND MAKES NO REPRESENTATIONS OR "AS AVAILABLE" BASIS. THE BANK EXPRESSLY DISCLAIMS ALL WARRANTIES OF WHATSOEVER NATUREANY KIND, DIRECTLY OR INDIRECTLY, WHETHER EXPRESS OR IMPLIED, AS TO INCLUDING, BUT NOT LIMITED TO, THE SUITABILITY, DURABILITYIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITYAND NONINFRINGEMENT. THE BANK MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, CONDITION(ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EQUIPMENT SITE WILL MEET YOUR EXPECTATIONS, AND/OR (v) ANY UNIT THEREOFERRORS IN THE TECHNOLOGY WILL BE CORRECTED. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH EXCLUSING OF DAMAGES; LIMITATION ON LIABILITY ANY EQUIPMENT WARRANTY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY KIND WHATSOEVER; THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND WITH RESPECT TO LESSORRISK, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL AND THE BANK IS NOT BE LIABLE TO LESSEE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE DAMAGE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE YOUR COMPUTER SYSTEM OR LOSS OF USE THEROF, OR FOR ANY LOSS DATA THAT RESULTS FROM THE DOWNLOAD OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDERMATERIAL, WHETHER DUE TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY COMPUTER VIRUS OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BANK OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF A MANUFACTURER THE TERMS, FIRST STATE BANK OF BURNET SHOULD HAVE ANY LIABILITY TO YOU ARISING OUT OF OR LICENSOR RELATED TO THE TERMS, THE SITE OR SELLER THE SERVICES, YOU AGREE SUCH LIABILITY SHALL NOT EXCEED $1,000. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS CLAUSE GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. INDEMNIFICATION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS FIRST STATE BANK OF BURNET FROM AND AGAINST ALL DAMAGES, CLAIMS, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) BROUGHT BY ANY PERSON ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE EQUIPMENT SITE, INCLUDING WITHOUT LIMITATION ANY CLAIMS ALLEGING FACTS THAT MAY HAVE BEEN GIVEN TO LESSOR.IF TRUE WOULD CONSTITUTE A BREACH BY USER OF THESE TERMS AND CONDITIONS. LAWS AND REGULATIONS

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS BOTH VYSTAR AND REVERTEX GIVE NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR IMPLIED WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, MERCHANTABILITY AND FITNESS FOR USEA PARTICULAR PURPOSE with respect to the activities described in this Agreement except as expressly set forth in this section. Neither party shall communicate any warranties on behalf of the other to any customer to which it markets, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT sells or distributes the Products other than that expressly described herein. Each party shall hold harmless and indemnify the other party for any warranties that it extends to any third party in violation of this provision. IN NO EVENT WILL EITHER PARTY OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT ITS SUPPLIERS OR LICENSORS BE LIABLE TO LESSEE FOR ANY LOSSTHE OTHER PARTY FOR: (1) LOST PROFITS, DAMAGELOST DATA OR LOST USE, OR EXPENSE OF ANY KIND OTHER INCIDENTAL OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROFCONSEQUENTIAL DAMAGES, OR FOR ANY LOSS INDIRECT, SPECIAL, OR PUNITIVE DAMAGES REGARDLESS OF BUSINESS THE FORM OF ACTION, WHETHER CONTRACT, TORT STRICT PRODUCT LIABILITY OR DAMAGE WHATESOEVER OTHERWISE, EVEN IF CUSTOMER OR ANY OTHER PERSON HAS ADVISED THAT PARTY OR ANY OF ITS SUPPLIERS OR LICENSORS OF THE POSSIBILITY OF SUCH DAMAGES; (2) DAMAGES CAUSED BY THE OTHER PARTY’S FAILURE TO PERFORM ITS RESPONSIBILITIES UNDER THIS AGREEMENT; (3) REPAIRS OR ALTERATIONS DONE WITHOUT THE PRIOR WRITTEN APPROVAL OF THE OTHER PARTY; OR (4) USE OF THE OTHER PARTY’S TECHNOLOGY, TECHNICAL DOCUMENTATION, SYSTEMS, OR APPLICATION OR ULTIMATE PRODUCTS IN A MANNER THAT IS NOT AUTHORIZED BY THIS AGREEMENT. THE REMEDY OF CONSEQUENTIAL DAMAGES SHALL NOT BE AVAILABLE EVEN IN THE EVENT THE SOLE AND HOWSOEVER EXCLUSIVE REMEDY OF REPAIR AND/OR REPLACEMENT FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION WILL NOT APPLY TO CLAIMS FOR DEATH OR PERSONAL INJURY CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY SOLELY BY THE NEGLIGENCE OF A MANUFACTURER PARTY OR LICENSOR ITS EMPLOYEES, SUBCONTRACTORS OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORAGENTS.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR THE SERVICE IS NOT THE MANUFACTURER OR LICENSOR PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE EQUIPMENTSERVICE IS AT YOUR OWN RISK. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF WHATSOEVER NATUREANY KIND, DIRECTLY OR INDIRECTLY, WHETHER EXPRESS OR IMPLIED, AS TO THE SUITABILITYINCLUDING, DURABILITYBUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITIONA PARTICULAR PURPOSE, OR QUALITY NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STRONGBOX OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, STRONGBOX, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; SERVICE IS DOWNLOADED AT YOUR OWN RISK AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT YOU WILL BE LIABLE TO LESSEE SOLELY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE DAMAGE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. STRONGBOX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STRONGBOX WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 47a. Limitations of Liability and Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STRONGBOX, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE THEROFOF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL STRONGBOX BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR STRONGBOX ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRONGBOX, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL STRONGBOX, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND HOWSOEVER CAUSED WITHOUT EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY AN AMOUNT EXCEEDING THE AMOUNT OF A MANUFACTURER OR LICENSOR OR SELLER RELATING FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE EQUIPMENT THAT MAY HAVE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF STRONGBOX HAS BEEN GIVEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO LESSORTHE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The Services are controlled and operated from facilities in the United States. StrongBox makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable respective local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies in StrongBox’s or its Networks’ countries or business operations.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND BUZZ WEBSITES ARE PROVIDED "AS IS" AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; BUZZ DOES NOT THE MANUFACTURER MAKE ANY WARRANTIES, CLAIMS OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE REPRESENTATIONS AND MAKES NO REPRESENTATIONS OR EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF WHATSOEVER NATUREANY KIND, DIRECTLY WHETHER EXPRESS, IMPLIED OR INDIRECTLYSTATUTORY, EXPRESS OR IMPLIED, AS WITH RESPECT TO THE SUITABILITYSOFTWARE, DURABILITYPRODUCTS AND/OR BUZZ WEBSITES INCLUDING, FITNESS FOR USEWITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, CONDITIONOR FITNESS FOR USE FOR A PARTICULAR PURPOSE. XXXX FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR BUZZ WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR- FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES BUZZ WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORSOFTWARE.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR THE ENTIRE AGREEMENT BETWEEN THE SELLER AND BUYER WITH RESPECT TO THE PROPERTY AND THE SALE THEREOF IS EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND SUBJECT TO THE LIMITED WARRANTIES OF TITLE SET FORTH IN THE DEED, THE PARTIES ARE NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO BOUND BY ANY AGREEMENTS, UNDERSTANDINGS, PROVISIONS, CONDITIONS, REPRESENTATIONS OR WARRANTIES (WHETHER WRITTEN OR ORAL AND WHETHER MADE BY SELLER OR ANY AGENT, EMPLOYEE, MEMBER, OFFICER OR PRINCIPAL OF SELLER OR ANY OTHER PARTY) OTHER THAN AS ARE EXPRESSLY SET FORTH AND STIPULATED IN THIS AGREEMENT. WITHOUT IN ANY MANNER LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES THAT IT AND ITS REPRESENTATIVES HAVE FULLY INSPECTED THE PROPERTY OR WILL BE PROVIDED WITH AN ADEQUATE OPPORTUNITY TO DO SO, ARE OR WILL BE FULLY FAMILIAR WITH THE FINANCIAL AND PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION THEREOF, AND THAT THE PROPERTY HAS BEEN PURCHASED BY BUYER IN AN "AS IS" AND "WHERE IS" CONDITION AND WITH ALL EXISTING DEFECTS (PATENT AND LATENT) AS A RESULT OF SUCH INSPECTIONS AND INVESTIGATIONS AND NOT IN RELIANCE ON ANY AGREEMENT, UNDERSTANDING, CONDITION, WARRANTY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) OR REPRESENTATION MADE BY SELLER OR ANY AGENT, EMPLOYEE, MEMBER, OFFICER OR PRINCIPAL OF SELLER OR ANY OTHER PARTY (EXCEPT AS OTHERWISE EXPRESSLY ELSEWHERE PROVIDED IN THIS AGREEMENT AND SUBJECT TO THE LIMITED WARRANTIES OF TITLE SET FORTH IN THE DEED) AS TO THE FINANCIAL OR PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION OF THE PROPERTY, OR AS TO ANY OTHER MATTER WHATSOEVER NATUREWITH RESPECT TO THE PROPERTY, DIRECTLY INCLUDING WITHOUT LIMITATION AS TO ANY PERMITTED USE THEREOF, THE ZONING CLASSIFICATION THEREOF OR INDIRECTLYCOMPLIANCE THEREOF WITH FEDERAL, EXPRESS STATE OR IMPLIEDLOCAL LAWS, AS TO THE SUITABILITYINCOME OR EXPENSE IN CONNECTION THEREWITH, DURABILITYOR AS TO ANY OTHER MATTER IN CONNECTION THEREWITH. BUYER ACKNOWLEDGES THAT, FITNESS FOR USEEXCEPT AS OTHERWISE EXPRESSLY ELSEWHERE PROVIDED IN THIS AGREEMENT AND SUBJECT TO THE LIMITED WARRANTIES OF TITLE SET FORTH IN THE DEED, MERCHANTABILITYNEITHER SELLER, NOR ANY AGENT, MEMBER, OFFICER, EMPLOYEE OR PRINCIPAL OF SELLER NOR ANY OTHER PARTY ACTING ON BEHALF OF SELLER HAS MADE OR SHALL BE DEEMED TO HAVE MADE ANY AGREEMENT, CONDITION, REPRESENTATION OR QUALITY WARRANTY EITHER EXPRESSED OR IMPLIED. THIS PARAGRAPH SHALL SURVIVE CLOSING AND DELIVERY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORDEED.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT ACCESS TO THE MANUFACTURER MASSACHUSETTS HEALTH INFORMATION HIGHWAY AND THE INFORMATION OBTAINED OR LICENSOR TRANSMITTED BY THE PARTICIPANT BY USE OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE MASSACHUSETTS HEALTH INFORMATION HIGHWAY ARE SERVICES AND MAKES NO REPRESENTATIONS OR WARRANTIES INFORMATION PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF WHATSOEVER NATUREANY KIND, DIRECTLY OR INDIRECTLY, EXPRESS EXPRESSED OR IMPLIED, AS TO INCLUDING BUT NOT LIMITED TO, THE SUITABILITY, DURABILITY, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PARTICIPANT IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE MASSACHUSETTS HEALTH INFORMATION HIGHWAY OR THE INFORMATION OBTAINED OR TRANSMITTED BY USE OF THE MASSACHUSETTS HEALTH INFORMATION HIGHWAY, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT WILL EOHHS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROFINFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORIES OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. EACH PARTY DISCLAIMS ANY AND ALL LIABILITY FOR ANY ERRONEOUS TRANSMISSIONS AND LOSS OF BUSINESS SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORMASSACHUSETTS HEALTH INFORMATION HIGHWAY.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE CUSTOMER EXPRESSLY AGREES THAT LESSOR HAS USE OF EP SUBSCRIPTION IS AT THE SOLE RISK OF CUSTOMER, END USERS, AND NAMED USERS. COMPANY DOES NOT MADE AND MAKES NO REPRESENTATIONS WARRANT OR GUARANTEE THAT EP SUBSCRIPTION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF EP SUBSCRIPTION, OR AS TO THE TIMELINESS, EFFICACY, OPERABILITY, COMPLETENESS, ACCURACY, RELIABILITY OR CONTENT OF EP SUBSCRIPTION OR OF ANY DESIGN, FUNCTION, PROCESS, OR INFORMATION PROVIDED THROUGH OR BY USE OF EP SUBSCRIPTION. EP SUBSCRIPTION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF WHATSOEVER NATUREANY KIND, DIRECTLY OR INDIRECTLY, EITHER EXPRESS OR IMPLIED, AS TO THE SUITABILITYINCLUDING, DURABILITYBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED Exhibit D.2 – Final Completion WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITYOTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, CONDITION, RESTRICTION OR QUALITY MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. CUSTOMER AGREES THAT CUSTOMER’S PURCHASE OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH EP SUBSCRIPTION IS NOT CONTINGENT ON THE DELIVERY OF ANY EQUIPMENT WARRANTY OF FUTURE FUNCTIONALITY OR FEATURES OR DEPENDENT ON ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, ORAL OR EXPENSE OF ANY KIND WRITTEN PUBLIC COMMENTS MADE BY COMPANY REGARDING FUTURE FUNCTIONALITY OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORFEATURES.

No Warranties. LESSEE ACKNOWLEDGES CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR ALL USE OF THE EQUIPMENT. LESSEE AGREES SOFTWARE IS AT CUSTOMER'S SOLE RISK AND THAT LESSOR HAS NOT MADE THE SOFTWARE IS PROVIDED "AS IS" AND MAKES "AS AVAILABLE." MIRANTIS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO REPRESENTATIONS OR EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SOFTWARE, INCLUDING IMPLIED WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYMERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE AND NON-INFRINGEMENT, MERCHANTABILITYTOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, CONDITIONWHETHER ORAL OR WRITTEN, OBTAINED FROM MIRANTIS OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MIRANTIS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) CUSTOMER'S USE OF THE SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS, OR QUALITY (B) CUSTOMER'S USE OF THE EQUIPMENT SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ANY UNIT THEREOFFREE FROM ERROR. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT MIRANTIS'S WARRANTY OR LIABILITY FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL LOSSES WHICH MAY NOT BE LIABLE TO LESSEE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR ANY LOSSUSE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL- SAFE CONTROLS, DAMAGEINCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR EXPENSE OF ANY KIND COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORWEAPONS SYSTEMS.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT WE PROVIDE THE MANUFACTURER SERVICES AND SWIM PAY IP “AS IS” AND “AS AVAILABLE”, WITHOUT ANY EXPRESS, IMPLIED, OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR STATUTORY WARRANTIES OF WHATSOEVER NATURETITLE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYMERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITYNONINFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY OR GUARANTEE. NO DATA, DOCUMENTATION OR ANY OTHER INFORMATION PROVIDED BY SWIM PAY OR OBTAINED BY YOU FROM OR THROUGH THE SERVICES — WHETHER FROM SWIM PAY OR ANOTHER SWIM PAY ENTITY, AND WHETHER OR ORAL OR WRITTEN — CREATES OR IMPLIES ANY WARRANTY FROM A SWIM PAY ENTITY TO YOU. YOU AFFIRM THAT NO SWIM PAY ENTITY CONTROLS THE PRODUCTS OR SERVICES THAT YOU OFFER OR SELL. YOU UNDERSTAND THAT WE CANNOT GUARANTEE AND WE DISCLAIM ANY KNOWLEDGE THAT YOUR CUSTOMERS POSSESS THE AUTHORITY TO, OR WILL COMPLETE ANY TRANSACTION. SWIM PAY DISCLAIMS ANY KNOWLEDGE OF, AND DO NOT GUARANTEE: (a) THE ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY DATA PROVIDED THROUGH THE SERVICES; (b) THAT THE SERVICES WILL MEET YOUR SPECIFIC BUSINESS NEEDS OR REQUIREMENTS; (c) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; (d) THAT SWIM PAY WILL CORRECT ANY DEFECTS OR ERRORS IN THE SERVICE, DOCUMENTATION, OR DATA; OR (e) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. USE OF DATA YOU ACCESS OR DOWNLOAD THROUGH THE SERVICES IS DONE AT YOUR OWN RISK — YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM SUCH ACCESS OR DOWNLOAD. YOU UNDERSTAND THAT SWIM PAY MAKES NO GUARANTEES TO YOU REGARDING TRANSACTION PROCESSING TIMES OR PAYOUT SCHEDULES. NOTHING IN THIS AGREEMENT OPERATES TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY IMPLIED CONDITION, WARRANTY OR QUALITY OF GUARANTEE, OR THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH EXERCISE OF ANY EQUIPMENT WARRANTY RIGHT OR REMEDY, OR THE IMPOSITION OF ANY KIND WHATSOEVERLIABILITY UNDER LAW WHERE TO DO SO WOULD: (A) CONTRAVENE THAT LAW; AND WITH RESPECT OR (B) CAUSE ANY TERM OF THIS AGREEMENT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORVOID.

No Warranties. LESSEE ACKNOWLEDGES EXCEPT AS OTHERWISE EXPRESSLY STATED HEREUNDER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT LESSOR IS NOT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE MANUFACTURER FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE UNDERTAKING, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY REPRESENTATION OF ANY KIND WHATSOEVER; AND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH RESPECT TO LESSORANY OTHER SOFTWARE, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, ERROR FREE OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDERERRORS OR DEFECTS CAN OR WILL BE CORRECTED. Without limiting the foregoing, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORneither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR THE ENTIRE AGREEMENT BETWEEN THE SELLER AND BUYER WITH RESPECT TO THE PREMISES AND THE PERSONAL PROPERTY AND THE SALE THEREOF IS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE PARTIES ARE NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO BOUND BY ANY AGREEMENTS, UNDERSTANDINGS, PROVISIONS, CONDITIONS, REPRESENTATIONS OR WARRANTIES (WHETHER WRITTEN OR ORAL AND WHETHER MADE BY SELLER OR ANY AGENT, EMPLOYEE OR PRINCIPAL OF WHATSOEVER NATURESELLER OR ANY OTHER PARTY) OTHER THAN AS ARE EXPRESSLY SET FORTH AND STIPULATED IN THIS AGREEMENT. WITHOUT IN ANY MANNER LIMITING THE GENERALITY OF THE FOREGOING, DIRECTLY BUYER ACKNOWLEDGES THAT IT AND ITS REPRESENTATIVES HAVE FULLY INSPECTED THE PREMISES, THE PERSONAL PROPERTY, THE ASSIGNED EXISTING AGREEMENTS, OR INDIRECTLYWILL BE PROVIDED WITH AN ADEQUATE OPPORTUNITY TO DO SO, EXPRESS ARE OR IMPLIEDWILL BE FULLY FAMILIAR WITH THE FINANCIAL AND PHYSICAL (INCLUDING WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION THEREOF, AND THAT THE PREMISES, THE PERSONAL PROPERTY, THE ASSIGNED EXISTING AGREEMENTS HAVE BEEN PURCHASED BY BUYER IN AN "AS IS" AND "WHERE IS" CONDITION AND WITH ALL EXISTING DEFECTS AS A RESULT OF SUCH INSPECTIONS AND INVESTIGATIONS AND NOT IN RELIANCE ON ANY AGREEMENT, UNDERSTANDING, CONDITION, WARRANTY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) OR REPRESENTATION MADE BY SELLER OR ANY AGENT, EMPLOYEE OR PRINCIPAL OF SELLER OR ANY OTHER PARTY (EXCEPT AS EXPRESSLY ELSEWHERE PROVIDED IN THIS AGREEMENT) AS TO THE FINANCIAL OR PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION OF THE PREMISES OR THE PERSONAL PROPERTY OR THE AREAS SURROUNDING THE PREMISES, AS TO ANY MATTER, INCLUDING WITHOUT LIMITATION AS TO ANY PERMITTED USE THEREOF, THE ZONING CLASSIFICATION THEREOF OR COMPLIANCE THEREOF WITH FEDERAL, STATE OR LOCAL LAWS, AS TO THE SUITABILITYINCOME OR EXPENSE IN CONNECTION THEREWITH, DURABILITYOR AS TO ANY OTHER MATTER IN CONNECTION THEREWITH. BUYER ACKNOWLEDGES THAT NEITHER SELLER, FITNESS FOR USENOR ANY AGENT OR EMPLOYEE OF SELLER, MERCHANTABILITYNOR ANY OTHER PARTY ACTING ON BEHALF OF SELLER HAS MADE OR SHALL BE DEEMED TO HAVE MADE ANY SUCH AGREEMENT, CONDITION, REPRESENTATION OR QUALITY WARRANTY EITHER EXPRESSED OR IMPLIED. THIS PARAGRAPH SHALL SURVIVE CLOSING, AND SHALL BE DEEMED INCORPORATED BY REFERENCE AND MADE A PART OF ALL DOCUMENTS DELIVERED BY SELLER TO BUYER IN CONNECTION WITH THE SALE OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; PREMISES AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORPERSONAL PROPERTY.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE XXXXXX AGREES THAT LESSOR XXXXXX HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DocuSign Envelope ID: 6DED73F5-BFF8-4F97-8769-3BDA849BBAEB DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSOR.

No Warranties. LESSEE ACKNOWLEDGES HUF ORG AGREES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR ITS USE OF THE EQUIPMENTSERVICES SHALL BE AT ITS SOLE RISK. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURETO THE FULLEST EXTENT PERMITTED BY LAW, DIRECTLY OR INDIRECTLYTHE USA FOOTBALL PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND HUF ORG’S USE THEREOF. THE HUF MEMBERSHIP SERVICES AND THE RELATED SOFTWARE ARE PROVIDED ON AN "AS TO THE SUITABILITYIS", DURABILITY"AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR USEA PARTICULAR PURPOSE. USA FOOTBALL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF HUF RESOURCES, MERCHANTABILITYTHE XXXXXXXXXXX.XXX SITE (THE “SITE”) OR OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, CONDITIONMISTAKES, OR QUALITY INACCURACIES OF THE EQUIPMENT CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ITS ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF USA FOOTBALL’S SECURE SERVERS AND/OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES AND ALL RIGHT PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF OR FROM OUR SERVICES, (V) ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSORBUGS, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSSVIRUSES, DAMAGETROJAN HORSES, OR EXPENSE OF ANY KIND THE LIKE WHICH MAY BE TRANSMITTED TO OR NATURE CAUSED DIRECTLY OR INDIRECTLY THROUGH OUR SERVICES BY ANY EQUIPMENT LEASED HEREUNDERTHIRD PARTY, AND/OR BY THE USE (VI) ANY ERRORS OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR OMISSIONS IN ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, CONTENT OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. USA FOOTBALL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HOWSOEVER CAUSED WITHOUT USA FOOTBALL WILL NOT BE A PARTY TO OR IN ANY WAY IMPLYING THAT BE RESPONSIBLE FOR MONITORING ANY SUCH WARRANTY EXISTS TRANSACTION BETWEEN YOU AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A MANUFACTURER PRODUCT OR LICENSOR SERVICE THROUGH ANY MEDIUM OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORIN ANY ENVIRONMENT, HUF ORG SHOULD USE ITS BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

No Warranties. LESSEE ACKNOWLEDGES THE INTERFACE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR YOUR USE OF THE EQUIPMENTINTERFACE IS AT YOUR OWN RISK. LESSEE AGREES WE DO NOT REPRESENT OR WARRANT THAT LESSOR HAS ACCESS TO THE INTERFACE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN THE INTERFACE WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT THE INTERFACE WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION, OR STATEMENT THAT WE MAKE SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING THE INTERFACE. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING THE INTERFACE. SIMILARLY, THE PROTOCOL IS PROVIDED "AS IS", AT YOUR OWN RISK, AND MAKES NO REPRESENTATIONS OR WITHOUT WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS ANY KIND. WE DID NOT DEVELOP NOR DID WE CONTRIBUTE TO THE SUITABILITYINITIAL CODE FOR THE PROTOCOL. WE DO NOT PROVIDE, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITIONOWN, OR QUALITY CONTROL THE PROTOCOL, WHICH IS RUN AUTONOMOUSLY WITHOUT ANY HEADCOUNT BY SMART CONTRACTS DEPLOYED ON VARIOUS BLOCKCHAINS. UPGRADES AND MODIFICATIONS TO THE PROTOCOL ARE GENERALLY MANAGED IN A COMMUNITY-DRIVEN WAY BY HOLDERS OF THE EQUIPMENT UNI GOVERNANCE TOKEN. WE DO NOT ENDORSE, GUARANTEE, OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE ASSUME RESPONSIBILITY FOR ANY LOSSADVERTISEMENTS, DAMAGEOFFERS, OR EXPENSE OF STATEMENTS MADE BY THIRD PARTIES CONCERNING THE INTERFACE. ANY KIND PAYMENTS OR NATURE CAUSED DIRECTLY FINANCIAL TRANSACTIONS THAT YOU ENGAGE IN WILL BE PROCESSED VIA AUTOMATED SMART CONTRACTS. ONCE EXECUTED, WE HAVE NO CONTROL OVER THESE PAYMENTS OR INDIRECTLY BY TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE ANY EQUIPMENT LEASED HEREUNDER, PAYMENTS OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORTRANSACTIONS.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR ADVICE OR INFORMATION GIVEN BY XXXXXXX, ITS REPRESENTA TIV ES OR ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS SHALL NOT CREATE A WARRANTY. USE OF VERIZON TECHNICAL SUPPORT (INCLUDING SUPPORT PROVIDED BY ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS) IS AT YOUR OWN RISK AND IS NOT WARRANTED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, VERIZON AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, ANY AND ALL REPRESENTA TIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMA NCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR IMPLIED WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYMERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND NONINFRINGEMENT. YOU AGREE THA T THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS. IN ADDITION, MERCHANTABILITYVERIZON AND/OR ITS THIRD PARTY LICENSORS, CONDITIONPROVIDERS AND SUPPLIERS, AS APPLICABLE, DO NOT GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR QUALITY THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE. THE PROVISIO NING AND PERFOR MA NCE (SPEED) OF THE SERVICE IS SUBJECT TO CIRCUIT OR OTHER NETWOR K FACILITY AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, LOOP LENGT H, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND COMPUTER/DEV ICE CONFIGURA TION AND CAPABILITIES AND NETWORK/INTERNET CONGESTIO N, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REA SON, NEITHER YOU NOR VERIZON SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMEN T (OTHER THAN YOUR OBLIGATION TO RETURN ANY VERIZON- PROV IDED EQUIPMENT). VERIZ ON DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY VERIZON WILL MEET YOUR NEEDS, PERFORM AT A PARTICULA R SPEED, BANDWIDTH OR ANY UNIT THEREOFDATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR- FREE, OR SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY VERIZON DOES NOT WARRANT THAT THE SERVICE OR YOUR EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL WILL NOT BE LIABLE NEGATIVELY AFFECTED BY NETWORK- RELATED ACTIVITIES INCLUDING BUT NOT LIMITED TO LESSEE FOR ANY LOSSMODIFICATIONS, DAMAGEUPGRADES, MONITORING, SCANNING OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORXXXXXX R ACTIVITIES.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE EXCEPT AS PROVIDED IN SECTIONS 14.02 AND 14.05, OREXIGEN MAKES NO REPRESENTATIONS OR NOR EXTENDS ANY WARRANTIES OF WHATSOEVER NATUREANY KIND. IN PARTICULAR, DIRECTLY THERE ARE NO EXPRESS OR INDIRECTLYIMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USE OF THE OREXIGEN PATENT RIGHTS DOES NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS. IN ADDITION, NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY OREXIGEN OF THE VALIDITY OF ANY OF THE OREXIGEN PATENT RIGHTS OR THE ACCURACY, SAFETY, EFFICACY, OR USEFULNESS, FOR ANY PURPOSE, OF THE OREXIGEN PATENT RIGHTS. OREXIGEN SHALL HAVE NO OBLIGATION, EXPRESS OR IMPLIED, AS TO SUPERVISE, MONITOR, REVIEW OR OTHERWISE ASSUME RESPONSIBILITY FOR THE SUITABILITYPRODUCTION, DURABILITYMANUFACTURE, FITNESS FOR USETESTING, MERCHANTABILITY, CONDITION, MARKETING OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH SALE OF ANY EQUIPMENT WARRANTY LICENSED PRODUCT. (FOR AVOIDANCE OF ANY KIND WHATSOEVER; DOUBT, IT IS UNDERSTOOD AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING AGREED THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDERACTIVITY DESCRIBED IN THE PRECEDING SENTENCE BY ONE OR MORE OF THE OFFICERS, DIRECTORS AND/OR AGENTS OF OREXIGEN SHALL BE DEEMED TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER BE OUTSIDE THEIR RESPECTIVE CAPACITY AS AN OFFICER, DIRECTOR, EMPLOYEE AND/OR LICENSOR OR SELLER RELATING TO AGENT, AS THE EQUIPMENT THAT CASE MAY HAVE BEEN GIVEN TO LESSORBE.)

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT Except as expressly set forth in this Agreement, PGG and mPower understand and agree that mPower is not making any representation or warranty of any kind whatsoever, express or implied, to PGG or any member of the SpinCo Group in any way as to the SpinCo Business, the Transferred mPower Intellectual Property or the Licensed mPower Intellectual Property. WITHOUT LIMITING THE MANUFACTURER OR LICENSOR GENERALITY OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT FOREGOING THE TRANSFERS AND LICENSES REFERRED TO IN THIS AGREEMENT (INCLUDING PRIOR TRANSFERS) HAVE BEEN, OR WILL BE, MADE AND MAKES NO REPRESENTATIONS WITHOUT ANY REPRESENTATION OR WARRANTIES WARRANTY OF WHATSOEVER ANY NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AT COMMON LAW, BY STATUTE OR OTHERWISE, RELATING TO (A) THE VALUE OR FREEDOM FROM ENCUMBRANCE OF, ANY ASSETS OR INTELLECTUAL PROPERTY, (B) THE CONDITION OR SUFFICIENCY OF ANY ASSETS OR INTELLECTUAL PROPERTY (INCLUDING ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MARKETABILITY, TITLE, VALUE, FREEDOM FROM ENCUMBRANCE OR OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, OR THE PRESENCE OR ABSENCE OF ANY HAZARDOUS MATERIALS IN OR ON, OR DISPOSED OR DISCHARGED FROM, SUCH ASSETS), (C) THE NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (D) ANY OTHER MATTER CONCERNING ANY ASSETS OR INTELLECTUAL PROPERTY (E) AS TO THE SUITABILITYLEGAL SUFFICIENCY TO CONVEY TITLE TO ANY ASSETS OR INTELLECTUAL PROPERTY OR (F) THAT THE LICENSOR HAS ANY RIGHTS OR TITLE AT ALL IN OR TO ANY INTELLECTUAL PROPERTY. WITHOUT LIMITING THE FOREGOING, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, MPOWER AND PGG HEREBY ACKNOWLEDGE AND AGREE THAT ALL INTELLECTUAL PROPERTY TRANSFERRED OR QUALITY OF THE EQUIPMENT LICENSED PURSUANT TO THIS AGREEMENT AND ALL INTELLECTUAL PROPERTY INCLUDED IN PRIOR TRANSFERS ARE BEING OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT WERE LICENSED OR TRANSFERRED “AS IS, WHERE IS.”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSOR.

No Warranties. LESSEE ACKNOWLEDGES COS PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. COS DOES NOT REPRESENT OR WARRANT THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR PRODUCTS, USE OF THE EQUIPMENTPRODUCTS, OR ANY INFORMATION PROVIDED IN CONNECTION WITH THE PRODUCTS: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. LESSEE AGREES THAT LESSOR HAS NOT MADE AND COS MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF USE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITY, CONDITION, MERCHANTABILITY AND NONINFRINGEMENT. COS MAKES NO REPRESENTATION OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSORANY THIRD PARTY MATERIALS, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSSINFORMATION, DAMAGEGOODS, OR EXPENSE OF SERVICE, WHETHER RECEIVED OR ACCESSED VIA ANY KIND LINKS PROVIDED BY OR NATURE CAUSED DIRECTLY IN CONNECTION WITH THE SERVICES OR INDIRECTLY BY OTHERWISE. COS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY EQUIPMENT LEASED HEREUNDER, GOODS OR BY THE USE SERVICE WHICH MAY BE PURCHASED OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OBTAINED FROM COS OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION THIRD PARTY AS A RESULT OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO USING THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORPRODUCTS.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE PRODUCT IS NOT PROVIDED “AS-IS” WITHOUT ANY WARRANTY WHATSOEVER AND THE MANUFACTURER AUTHOR MAKES NO PROMISES, REPRESENTATIONS OR LICENSOR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING OR RELATING TO THE PRODUCT OR CONTENT THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU PURSUANT TO THIS AGREEMENT OR OTHERWISE. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE EQUIPMENTPRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND THE AUTHOR MAKES NO REPRESENTATIONS WARRANTY THAT THE PRODUCT WILL BE ERROR FREE OR WARRANTIES OF WHATSOEVER NATUREFREE FROM INTERRUPTION OR FAILURE, DIRECTLY OR INDIRECTLYTHAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTHOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO THE SUITABILITYIMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITYNON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND PARTICULAR PURPOSE WITH RESPECT TO LESSORTHE PRODUCT AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, LESSEE LEASES EQUIPMENT “AS IS”SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. LESSOR SHALL YOU HEREBY ACKNOWLEDGE THAT THE PRODUCT MAY NOT BE LIABLE OR BECOME AVAILABLE DUE TO LESSEE FOR ANY LOSSNUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, DAMAGESCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR EXPENSE DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE, THE AUTHOR EXPRESSLY DISCLAIMS ANY KIND EXPRESS OR NATURE CAUSED DIRECTLY IMPLIED WARRANTY REGARDING SYSTEM AND/OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDERSOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. THE AUTHOR DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY THE USE AUTHOR TO TRANSMIT ACCURATE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE COMPLETE INFORMATION TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORYOU.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT Except as expressly set forth in this Agreement, BWTI and BWICO understand and agree that BWTI is not making any representation or warranty of any kind whatsoever, express or implied, to BWICO in any way as to the SpinCo Business, the Transferred BWTI Intellectual Property or the Licensed BWTI Intellectual Property. WITHOUT LIMITING THE MANUFACTURER OR LICENSOR GENERALITY OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT FOREGOING THE TRANSFERS AND LICENSES REFERRED TO IN THIS AGREEMENT (INCLUDING PRIOR TRANSFERS) HAVE BEEN, OR WILL BE, MADE AND MAKES NO REPRESENTATIONS WITHOUT ANY REPRESENTATION OR WARRANTIES WARRANTY OF WHATSOEVER ANY NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AT COMMON LAW, BY STATUTE OR OTHERWISE, RELATING TO (A) THE VALUE OR FREEDOM FROM ENCUMBRANCE OF, ANY ASSETS OR INTELLECTUAL PROPERTY, (B) THE CONDITION OR SUFFICIENCY OF ANY ASSETS OR INTELLECTUAL PROPERTY (INCLUDING ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MARKETABILITY, TITLE, VALUE, FREEDOM FROM ENCUMBRANCE OR OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, OR THE PRESENCE OR ABSENCE OF ANY HAZARDOUS MATERIALS IN OR ON, OR DISPOSED OR DISCHARGED FROM, SUCH ASSETS), (C) THE NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (D) ANY OTHER MATTER CONCERNING ANY ASSETS OR INTELLECTUAL PROPERTY (E) AS TO THE SUITABILITYLEGAL SUFFICIENCY TO CONVEY TITLE TO ANY ASSETS OR INTELLECTUAL PROPERTY OR (F) THAT THE LICENSOR HAS ANY RIGHTS OR TITLE AT ALL IN OR TO ANY INTELLECTUAL PROPERTY. WITHOUT LIMITING THE FOREGOING, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, BWICO AND BWTI HEREBY ACKNOWLEDGE AND AGREE THAT ALL INTELLECTUAL PROPERTY TRANSFERRED OR QUALITY OF THE EQUIPMENT LICENSED PURSUANT TO THIS AGREEMENT AND ALL INTELLECTUAL PROPERTY INCLUDED IN PRIOR TRANSFERS ARE BEING OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT WERE LICENSED OR TRANSFERRED “AS IS, WHERE IS.”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSOR.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR ANY LIMITED WARRANTY INCLUDED IN THE PHYSICAL TEST’S LABELING, THE BD TEST IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE PROVIDED "AS-IS" AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYON AN "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND YOU USE THE BD TEST AT YOUR OWN RISK. EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, BD DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR USE, QUIET ENJOYMENT, ACCURACY, OPERATION, COMPLIANCE WITH DOCUMENTATION AND NON-INFRINGEMENT RELATED TO THE BD TEST. BD DISCLAIMS, AND THIS AGREEMENT DOES NOT INCLUDE, THE PROVISIONS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, THE UNIFORM COMMERCIAL CODE, THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AND ANY OTHER PROVISIONS IMPLIED INTO THIS AGREEMENT IF NOT DISCLAIMED. BD DOES NOT MAKE ANY WARRANTIES THAT THE BD TEST WILL MEET YOUR REQUIREMENTS, BE RETRIEVABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, BD DOES NOT MAKE ANY WARRANTY AS TO THE SUITABILITYRESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BD TEST. BD DOES NOT WARRANT ANY THIRD-PARTY DEVICE, DURABILITYSMART DEVICE, FITNESS FOR USESOFTWARE, MERCHANTABILITYSERVICE OR DATA THAT YOU MAY USE IN CONNECTION WITH THE BD TEST, CONDITIONWHETHER OR NOT SUCH THIRD PARTY ITEM IS DESCRIBED IN, OR QUALITY OF AVAILABLE OR CAN BE CONNECTED TO THROUGH, THE EQUIPMENT BD TEST. NO INFORMATION OR COMMUNICATIONS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE TEST WILL CREATE ANY UNIT THEREOFWARRANTY, EXCEPT FOR ANY LIMITED WARRANTY INCLUDED IN THE PHYSICAL TEST’S LABELING. LESSEE SPECIFICALLY WAIVES ALL RIGHT THIS DOES NOT APPLY TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND YOUR RIGHTS WITH RESPECT TO LESSORDEFECTIVE OR FAULTY PHYSICAL TESTS. BD DOES NOT ASSUME ANY OBLIGATION TO, LESSEE LEASES EQUIPMENT “AND DOES NOT WARRANT THAT IT WILL, CREATE OR INCLUDE ADDITIONAL FEATURES OR FUNCTIONALITY FOR THE BD TEST. EXCEPT AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSSINCLUDED IN THE PHYSICAL TEST’S LABELING, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDERLIMITING YOUR RIGHTS UNDER APPLICABLE LAW, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BD TEST, YOUR SOLE AND EXCLUSIVE REMEDY IS TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY DISCONTINUE USE OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORBD TEST.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENTLessee acknowledges that it has selected both (a) the Equipment listed in the Schedule and (b) the supplier (the “Supplier”) from whom Lessor is to purchase said Equipment. In this respect, Lessee acknowledges that Lessor is not the manufacturer of said Equipment nor the agent of said manufacturer or Supplier. LESSEE AGREES FURTHER ACKNOWLEDGES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS DOES NOT MAKE ANY WARRANTY OR WARRANTIES OF WHATSOEVER NATUREREPRESENTATION, DIRECTLY OR INDIRECTLY, EITHER EXPRESS OR IMPLIED, AS OF ANY KIND WHATSOEVER WITH RESPECT TO THE SUITABILITYEQUIPMENT INCLUDING, DURABILITYBUT NOT LIMITED TO, FITNESS FOR USE(i) THE FITNESS, MERCHANTABILITY, CONDITIONDESIGN, OR QUALITY CONDITION OF THE EQUIPMENT; (ii) THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY UNIT THEREOF. LESSEE PARTICULAR PURPOSE; (iii) THE QUALITY OR CAPACITY OF THE EQUIPMENT, THE MATERIALS IN THE EQUIPMENT, OR WORKMANSHIP IN THE EQUIPMENT; (iv) ANY LATENT DEFECTS IN THE EQUIPMENT; (v) ANY PATENT, COPYRIGHT, OR TRADE SECRET INFRINGEMENT; (vi) THE CONDITION OF TITLE TO THE EQUIPMENT, AND SPECIFICALLY WAIVES ALL RIGHT AS TO MAKE CLAIM AGAINST LESSOR FOR BREACH WHETHER SUCH TITLE IS FREE AND CLEAR OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVERLIENS, SECURITY INTERESTS AND OTHER ENCUMBRANCES; AND (vii) THE COMPLIANCE OF THE EQUIPMENT WITH RESPECT TO LESSORANY REQUIREMENTS OF LAW, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSSRULE, DAMAGESPECIFICATION, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDERCONTRACT PERTAINING THERETO. Lessee further acknowledges that it is leasing the Equipment from Lessor in an “as is” condition and that no defect or unfitness of the Equipment shall relieve Lessee of Lessee’s obligation to pay rent or any other obligation Lessee may have under the terms of the Master Lease. It is agreed that Lessor shall have no obligation to install, OR BY THE USE OR MAINTENANCE THEREOFerect, OR BY THE REPAIRStest, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOFadjust, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROFrepair, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDERor service the Equipment. If the Equipment is not properly installed, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORdoes not operate as represented or warranted by the manufacturer or the Supplier or is unsatisfactory for any reason, Lessee shall make claim on account thereof solely against the Supplier and/or manufacturer and shall, nevertheless, pay Lessor all Lease Payments (as defined herein) payable hereunder. As between Lessee and Lessor and only in those instances where the Supplier and/or manufacturer of the Equipment has provided any warranty or guarantee of any nature whatsoever applicable to the Equipment, Lessor hereby assigns to Lessee whatever assignable interest, if any, Lessor may have in such warranty or guarantee. The aforesaid assignment shall not in any way be deemed to limit, negate, or otherwise affect the disclaimer of warranties contained in this Section 2, and Lessor shall not incur any duties arising out of any Supplier’s and/or manufacturer’s warranties or guarantees. Further, Lessor shall not incur any liability whatsoever arising out of any breach of any Supplier’s and/or manufacturer’s warranties or guarantees applicable to the Equipment.

No Warranties. LESSEE ACKNOWLEDGES SUBJECT TO ANY STATUTORY WARRANTIES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND CANNOT BE EXCLUDED, LENOVO MAKES NO REPRESENTATIONS WARRANTIES OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYCONDITIONS, EXPRESS OR IMPLIED, AS TO REGARDING THE SUITABILITYPROGRAM OR SUPPORT IF ANY, DURABILITYINCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITYAND TITLE, CONDITIONAND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY LAW. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION 5 ALSO APPLY TO ANY OF LENOVO’S PROGRAM DEVELOPERS AND SUPPLIERS. MANUFACTURERS, SUPPLIERS, OR QUALITY PUBLISHERS OF THE EQUIPMENT OR ANY UNIT THEREOFNON-LENOVO PROGRAMS MAY PROVIDE THEIR OWN WARRANTIES. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH LENOVO DOES NOT PROVIDE SUPPORT OF ANY EQUIPMENT WARRANTY OF KIND, UNLESS LENOVO SPECIFIES OTHERWISE. IN SUCH EVENT, ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY SUPPORT PROVIDED BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING LENOVO IS SUBJECT TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORDISCLAIMERS AND EXCLUSIONS IN THIS SECTION 5.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT EXCEPT AS EXPRESSLY SET FORTH IN THE MANUFACTURER OR LICENSOR TERMS OF SERVICE AND LICENSE AGREEMENT(S) FOR FONALITY PRODUCT(S), FONALITY PROVIDES THE EQUIPMENTPRODUCT(S) “AS IS” AND WITH ALL FAULTS. LESSEE AGREES THAT LESSOR HAS NOT MADE FONALITY HEREBY EXPRESSLY DISCLAIMS, AND, RELEASES AND MAKES NO RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYAND LIABILITIES, EXPRESS OR IMPLIED, AS TO THE SUITABILITYARISING IN FACT, DURABILITYLAW, EQUITY, CONTRACT, TORT, UNDER STATUTE, UNDER WARRANTY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITY(B) ANY IMPLIED WARRANTY OR CONDITION ARISING FROM COURSE OF PERFORMANCE, CONDITIONCOURSE OF DEALING OR USAGE OR TRADE, (C) ANY OBLIGATION, LIABILITY RIGHT, CLAIM OR QUALITY REMEDY IN TORT, WHETHER OR NOT ARISING FROM ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE, CONTRIBUTORY NEGLIGENCE, VICARIOUS LIABILITY OR STRICT PRODUCTS LIABILITY OF THE EQUIPMENT FONALITY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, AND (D) ANY OBLIGATION, LIABILITY OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR RESPONSIBILITY FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION LOSS OF SERVICE OR LOSS DAMAGE TO ANY EQUIPMENT OR PART THEREOF. FURTHER, FONALITY DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE FREE OF USE THEROFBUGS, ERRORS, VIRUSES OR OTHER DEFECTS, OR FOR ANY LOSS OF BUSINESS THAT THE PRODUCT(S) WILL BE COMPATIBLE WITH A CUSTOMER’S EXISTING INTERNET CONNECTION, NETWORK, OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER COMMUNICATIONS INFRASTRUCTURE OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORENVIRONMENT.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR ADVICE OR INFORMATION GIVEN BY XXXXXXX, ITS REPRESENTA TIV ES OR ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS SHALL NOT CREATE A WARRANTY. USE OF VERIZON TECHNICAL SUPPORT (INCLUDING SUPPORT PROVIDED BY ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS) IS AT YOUR OWN RISK AND IS NOT WARRANTED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, VERIZON AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, ANY AND ALL REPRESENTA TIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMA NCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR IMPLIED WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYMERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND NONINFRINGEMENT. YOU AGREE THA T THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS. IN ADDITION, MERCHANTABILITYVERIZON AND/OR ITS THIRD PARTY LICENSORS, CONDITIONPROVIDERS AND SUPPLIERS, AS APPLICABLE, DO NOT GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR QUALITY THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE. THE PROVISIO NING AND PERFOR MA NCE (SPEED) OF THE EQUIPMENT SERVICE IS SUBJECT TO CIRCUIT OR ANY UNIT THEREOFOTHER NETWOR K FACILITY AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, LOOP LENGT H, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND COMPUTER/DEV ICE CONFIGURA TION AND CAPABILITIES AND NETWORK/INTERNET CONGESTIO N, AMONG OTHER FACTORS. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL IN THE EVENT YOUR LINE IS NOT BE LIABLE TO LESSEE PROVISIONED FOR ANY LOSSREA SON, DAMAGENEITHER YOU NOR VERIZON SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMEN T (OTHER THAN YOUR OBLIGATION TO RETURN ANY VERIZON- PROV IDED EQUIPMENT). VERIZ ON DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY VERIZON WILL MEET YOUR NEEDS, PERFORM AT A PARTICULA R SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDERWILL BE UNINTERRUPTED, ERROR- FREE, OR BY THE USE OR MAINTENANCE THEREOFSECURE, OR BY THE REPAIRSFREE OF VIRUSES, SERVICE WORMS, DISABLING CODE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOFCONDITIONS, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORLIKE.

No Warranties. LESSEE ACQUIRES AND LEASES THE EQUIPMENT UNDER EACH LEASE “AS IS.” XXXXXX ACKNOWLEDGES THAT LESSOR IS DID NOT MANUFACTURE THE MANUFACTURER EQUIPMENT UNDER ANY LEASE. XXXXXX DOES NOT REPRESENT THE MANUFACTURER, SUPPLIER, OWNER OR LICENSOR OF DEALER, AND XXXXXX SELECTED THE EQUIPMENTEQUIPMENT BASED UPON XXXXXX’S OWN JUDGMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYWARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OR AS TO THE SUITABILITYEQUIPMENT’S VALUE, DURABILITY, FITNESS FOR USE, MERCHANTABILITYDESIGN, CONDITION, USE, CAPACITY OR QUALITY DURABILITY. XXXXXX AGREES THAT REGARDLESS OF THE EQUIPMENT OR CAUSE, XXXXXX IS NOT RESPONSIBLE FOR, AND XXXXXX WILL NOT MAKE ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR, ANY DAMAGES, WHETHER CONSEQUENTIAL, DIRECT, SPECIAL OR INDIRECT INCURRED BY XXXXXX IN CONNECTION WITH THE EQUIPMENT UNDER ANY LEASE. NEITHER THE MANUFACTURER, SUPPLIER OR DEALER NOR ANY SALESPERSON, EMPLOYEE OR AGENT OF THE MANUFACTURER, SUPPLIER OR DEALER IS LESSOR’S AGENT OR HAS ANY AUTHORITY TO SPEAK FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT LESSOR OR TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. BIND LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDERWAY. For and during the Lease Term under each Lease, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORLessor assigns to Lessee any manufacturer’s or supplier’s product warranties, express or implied, applicable to any Equipment and Lessor authorizes Lessee to obtain the customary services furnished in connection with such warranties at Lessee’s sole expense. Lessee agrees that (a) all Equipment will have been purchased by Lessor for the benefit of the Lessee in accordance with Lessee’s specifications from suppliers selected by Lessee, (b) Lessor is not a manufacturer or dealer of any Equipment and has no liability for the delivery or installation of any Equipment, (c) Lessor assumes no obligation with respect to any manufacturer’s or supplier’s product warranties or guaranties, (d) no manufacturer or supplier or any representative of said parties is an agent of Lessor, (e) any warranty, representation, guaranty or agreement made by any manufacturer or supplier or any representative of said parties shall not be binding upon Lessor, and (f) the Lessor shall cause the supplier to identify the Lessee as an intended beneficiary of its warranty, if any.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT ACCESS TO THE MANUFACTURER OR LICENSOR RHIO SYSTEM, USE OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE RHIO SERVICES AND MAKES NO REPRESENTATIONS OR WARRANTIES THE INFORMATION OBTAINED BY A PARTICIPANT PURSUANT TO THE USE OF WHATSOEVER NATURETHOSE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, DIRECTLY OR INDIRECTLY, EXPRESS EXPRESSED OR IMPLIED, AS TO INCLUDING BUT NOT LIMITED TO, THE SUITABILITY, DURABILITY, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PARTICIPANT IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SYSTEM OR THE INFORMATION IN THE SYSTEM, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROFINFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORIES OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. EACH PARTY DISCLAIMS ANY AND ALL LIABILITY FOR ANY ERRONEOUS TRANSMISSIONS AND LOSS OF BUSINESS SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORRHIO SYSTEM.

No Warranties. LESSEE THE PROPERTY IS BEING PURCHASED AND SOLD “AS IS”, “WHERE IS” AND WITH “ALL FAULTS”, INCLUDING WITHOUT LIMITATIONS, ALL MATTERS DISCLOSED, DISCOVERED OR DISCOVERABLE BY PURCHASER AND ANY LATENT DEFECTS AND OTHER MATTERS NOT DETECTED IN PURCHASER’S INSPECTIONS. EXCEPT TO THE EXTENT SET FORTH IN SECTION 8(a) HEREOF, PURCHASER SPECIFICALLY ACKNOWLEDGES AND CONFIRMS THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR SELLER HAS NOT MADE AND MAKES NO REPRESENTATIONS SELLER SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR WARRANTIES GUARANTIES OF WHATSOEVER NATUREANY KIND OR CHARACTER WHATSOEVER, DIRECTLY OR INDIRECTLY, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN AS TO THE SUITABILITYTO, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITIONCONCERNING, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSORTHE PROPERTY. THE PURCHASE PRICE AND THE TERMS AND CONDITIONS SET FORTH HEREIN ARE THE RESULT OF ARM’S-LENGTH BARGAINING BETWEEN PARTIES FAMILIAR WITH TRANSACTIONS OF THIS KIND AND NATURE, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR AND THE AGREED UPON PURCHASE PRICE, AND THE TERMS AND CONDITIONS SET FORTH HEREIN REFLECT THE FACT THAT PURCHASER SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSSHAVE THE BENEFIT OF, DAMAGEAND IS RELYING UPON, NO STATEMENTS, REPRESENTATIONS OR EXPENSE OF ANY KIND WARRANTIES WHATSOEVER, MADE BY OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR ENFORCEABLE AGAINST SELLER RELATING TO THE EQUIPMENT CONDITION, DIMENSIONS, SOIL CONDITION, SUITABILITY, COMPLIANCE OR LACK OF COMPLIANCE WITH ANY STATE, FEDERAL, COUNTY OR LOCAL LAW, ORDINANCE, ORDER, PERMIT OR REGULATION, FINANCIAL PROJECTIONS, OR ANY OTHER ATTRIBUTE OR MATTER OF OR RELATING TO THE PROPERTY, INCLUDING, WITHOUT LIMITATION: (I) THE EXISTENCE OF SOIL INSTABILITY; (II) THE SUFFICIENCY OF ANY DRAINAGE; (III) WHETHER THE PROPERTY IS LOCATED WHOLLY OR PARTIALLY IN A FLOOD PLAIN OR A FLOOD HAZARD BOUNDARY OR SIMILAR AREA; (IV) THE EXISTENCE OR NON-EXISTENCE OF TOXIC OR HAZARDOUS WASTES OR MATERIALS IN, ON OR ABOUT THE PROPERTY; (V) ANY OTHER MATTER AFFECTING THE STABILITY OR INTEGRITY OF THE PROPERTY; (VI) THE FITNESS OR SUITABILITY OF THE PROPERTY FOR PURCHASER’S INTENDED USE; (VII) THE POTENTIAL DEVELOPMENT OF THE PROPERTY; (VIII) THE EXISTENCE OF VESTED RIGHTS, LAND USE, DENSITY, TRANSPORTATION MITIGATION CREDITS, UNIT OR DENSITY TRANSFERABILITY RIGHTS, ZONING, BUILDING OR DEVELOPMENT ENTITLEMENTS AFFECTING THE PROPERTY; (IX) THE VALUE OF THE PROPERTY; (X) THE MARKETABILITY, MERCHANTABILITY, HABITABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY; (XI) THE INCOME TO BE DERIVED FROM THE PROPERTY AND THE EXPENSES TO BE INCURRED INCIDENT THERETO; (XII) THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR DOCUMENTS PREVIOUSLY FURNISHED TO PURCHASER OR FURNISHED TO PURCHASER PURSUANT TO THIS CONTRACT; (XIII) THE AVAILABILITY OR ADEQUACY OF ANY UTILITY SERVICE TO THE PROPERTY; (XIV) THE STRUCTURAL INTEGRITY OF ANY IMPROVEMENTS; AND (XV) THE CONFORMITY OF IMPROVEMENTS TO ANY PLANS OR SPECIFICATIONS. PURCHASER REPRESENTS, WARRANTS AND COVENANTS TO SELLER THAT MAY HAVE BEEN GIVEN PURCHASER IS RELYING SOLELY UPON PURCHASER’S OWN INVESTIGATION OF THE PROPERTY. IF SELLER OBTAINS OR HAS OBTAINED THE SERVICES, OPINIONS OR WORK PRODUCT OF SURVEYORS, ARCHITECTS, ENGINEERS, CONSULTANTS, ATTORNEYS, EXPERTS, GOVERNMENTAL AUTHORITIES OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO LESSORTHE PROPERTY, PURCHASER AND SELLER AGREE THAT SELLER SHALL DO SO ONLY FOR THE CONVENIENCE OF BOTH PARTIES, AND THE RELIANCE BY PURCHASER UPON ANY SUCH SERVICES, OPINIONS OR WORK PRODUCT SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF SELLER. THIS SECTION 8(c) SHALL SURVIVE CLOSING.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR YOUR USE OF THE EQUIPMENTSERVICE IS AT YOUR OWN RISK. LESSEE AGREES THAT LESSOR HAS NOT THE SERVICE AND ALL CONTENT MADE AND MAKES NO REPRESENTATIONS AVAILABLE ON OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY THROUGH THE SITE OR INDIRECTLY, EXPRESS OR IMPLIED, VIA THE SERVICE ARE PROVIDED TO YOU BY TrustEase "AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT IS" ON AN "AS AVAILABLE BASIS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER; EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND WITH RESPECT FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. TrustEase MAKES NO WARRANTY THAT (A)THE SERVICE WILL MEET YOUR REQUIREMENTS, OR (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. TrustEase DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY INVOICE, APPOINTMENT, STATEMENT, OR OTHER ITEM GENERATED THROUGH THE SERVICE (B) THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY INVOICE, OPINION, ADVICE, APPOINTMENT, OR STATEMENT MADE THROUGH THE SERVICE OR THE SITE BY ANY PARTY OTHER THAN TrustEase, (C) ANY CONTENT PROVIDED ON ANY THIRD PARTY SITE(S) LINKED TO LESSORTHE SITE, LESSEE LEASES EQUIPMENT “OR (D) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM ANY THIRD PARTY SITE(S) LINKED TO THE SITE. OTHER THAN AS IS”. LESSOR SHALL NOT REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL TrustEase, OR ANY OF ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS OR EMPLOYEES, BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGELOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE OR THE SITE, OR EXPENSE YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY KIND OPINION, ADVICE OR NATURE CAUSED DIRECTLY OTHER CONTENT AVAILABLE THROUGH THE SITE OR INDIRECTLY BY OBTAINED FROM A THIRD PARTY SITE LINKED TO THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY EQUIPMENT LEASED HEREUNDERSPECIFIC OPINION, OR BY THE USE OR MAINTENANCE THEREOFADVICE, OR BY THE REPAIRSPRODUCT, SERVICE OR ADJUSTMENT THERETO OTHER CONTENT. TrustEase DOES NOT REPRESENT OR WARRANT THAT THE SITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SITE IS FREE OF VIRUSES, WORMS, BOTS OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, THE UNIFORM COMMERCIAL CODE AND THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT SHALL NOT APPLY TO THESE TERMS OF SERVICE. LIMITATION OF LIABILITY THE INFORMATION, SOFTWARE, PRODUCTS, SERVICE, SITE, CONTENT AND DESCRIPTIONS OF THE SERVICE PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TrustEase SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. TrustEase DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. TrustEase IS UNDER NO OBLIGATION TO UPDATE THE SITE, THE SERVICE OR THE CONTENT. TrustEase IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING ANY PAYMENT PROCESSOR. TrustEase MAY CHANGE THE SITE, THE SERVICE OR THE CONTENT, OR MAY MAKE IMPROVEMENTS OR CHANGES THERETO, AT ANY TIME WITHOUT NOTICE. YOU AGREE THAT NEITHER TrustEase, NOR ANY OF ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS OR EMPLOYEES, WILL BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE SITE, THE SERVICE, THE CONTENT OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF TrustEase OR ANY SUCH AFFILIATE, AGENT, OFFICER, DIRECTOR OR EMPLOYEE IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, WITHOUT LIMITATION, THE TRANSMISSION OF ANY VIRUSES THAT MAY INFECT YOUR EQUIPMENT, FAILURE TO PROVIDE ANY THEREOFOF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, DATA LOSS, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR BY ANY INTERRUPTION OF FORCE MAJEURE. TrustEase CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, THE SERVICE OR LOSS THE CONTENT. THE MAXIMUM AGGREGATE LIABILITY OF USE THEROFTrustEase, OR FOR ANY LOSS AND ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES, WILL BE THE GREATER OF BUSINESS OR DAMAGE WHATESOEVER (A) TWENTY DOLLARS ($20) AND HOWSOEVER CAUSED WITHOUT (B) THE AMOUNT OF THE MONTHLY SUBSCRIPTION FEES PAID PURSUANT TO SECTION 9 HEREOF IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING THE TWO (2) MONTHS PRIOR TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN EVENT(S) GIVING RISE TO LESSORTHE CLAIM.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR THE LOYALTY PROGRAM IS NOT PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MANUFACTURER OR LICENSOR FULLEST EXTENT PERMITTED BY LAW, UNE FEMME, BANK, POWER, THIRD-PARTY SERVICE PROVIDERS AND ALL OF THEIR SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES “ISSUING PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATUREANY KIND, DIRECTLY EXPRESS, STATUTORY, OR INDIRECTLYIMPLIED AS TO THE CONTENT OR OPERATION OF THE LOYALTY PROGRAM. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE LOYALTY PROGRAM IS AT YOUR SOLE RISK. THE ISSUING PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, AS TO REGARDING THE SUITABILITYACCURACY, DURABILITYADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT IN THE LOYALTY PROGRAM, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITY, CONDITIONNON-INFRINGEMENT, OR QUALITY OF TITLE. THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO ISSUING PARTIES MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSORNO REPRESENTATION, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGEWARRANTY, OR EXPENSE GUARANTEE THAT THE LOYALTY PROGRAM IS FREE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDERVIRUSES, BUGS, DEFECTS, ERRORS, OR BY THE USE OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR MAINTENANCE THEREOFOTHERWISE CONTAMINATING PROPERTIES, OR BY THE REPAIRSPROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA. Please note that the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOFthese exclusions exist to the extent permitted by law. Because of this jurisdictional variance, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORsome of the above exclusions may not apply to you.

No Warranties. LESSEE ACKNOWLEDGES YOU UNDERSTAND AND AGREE THAT LESSOR THE SOFTWARE IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE PROVIDED "AS IS" AND MAKES NO REPRESENTATIONS OR XXXXX IT, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYANY KIND, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYINCLUDING WITHOUT LIMITATION ANY WARRANTY OF MER-CHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXX IT, MERCHANTABILITYITS AFFILIATES, CONDITIONSUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE RE-XXXXXXX THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET ANY USER'S REQUIREMENTS. USE OF THE SOFTWARE IS AT YOUR SOLE RISK. XXXXX IT, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE QUALITY OF ANY MATERIAL AND/OR DATA DOWNLOADED THROUGH, OR MATERIAL AND/OR DATA RECORDED, PLAYED BACK OR EDITED (AS APPLICABLE) WITH, THE EQUIPMENT OR ANY UNIT THEREOFUSE OF THE SOFTWARE. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH USE OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; MATERIAL OBTAINED AND/OR DATA DOWNLOADED THROUGH, OR MATERIAL AND/OR DATA RECORDED, PLAYED BACK OR EDITED (AS APPLICABLE) WITH, THE SOFTWARE IS AT YOUR OWN DISCRETION AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”RISK. LESSOR SHALL NOT YOU WILL BE LIABLE TO LESSEE SOLELY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY DAM-AGE TO YOU RESULTING FROM THE USE OR MAINTENANCE THEREOF, OR BY OF THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORSOFTWARE.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR (a) PHONEBOOTH FREE, PHONEBOOTH FREE MANAGER AND CONTACT US PLUS EACH IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE PROVIDED “AS IS” AND MAKES NO REPRESENTATIONS OR “AS AVAILABLE” AND WITHOUT WARRANTIES OF WHATSOEVER NATUREANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIRECTLY OR INDIRECTLYEACH OF XXXXXXXXX.XXX, ITS AFFILIATES, SUPPLIERS AND, IF APPLICABLE, RESELLERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SUITABILITYINCLUDING, DURABILITYWHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE, MERCHANTABILITY, CONDITIONA PARTICULAR PURPOSE, OR QUALITY ANY WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE EQUIPMENT FOREGOING, XXXXXXXXX.XXX, ITS AFFILIATES, SUPPLIERS AND, IF APPLICABLE, RESELLERS DO NOT WARRANT THAT PHONEBOOTH FREE (OR ANY UNIT THEREOFFUNCTIONS OF PHONEBOOTH FREE), PHONEBOOTH MANAGER, CONTACT US PLUS AND/OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PHONEBOOTH FREE, PHONEBOOTH FREE MANAGER OR CONTACT US PLUS (OR ANY SERVER THAT MAKES PHONEBOOTH FREE, PHONEBOOTH FREE MANAGER OR CONTACT US PLUS AVAILABLE) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LESSEE SPECIFICALLY WAIVES XXXXXXXXX.XXX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF PHONEBOOTH FREE, PHONEBOOTH FREE MANAGER OR CONTACT US PLUS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, UNAUTHORIZED ACCESS BY THIRD PARTIES OR OTHERWISE. CUSTOMER (AND NOT XXXXXXXXX.XXX) ASSUMES THE ENTIRE COST OF ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH NECESSARY SERVICING, REPAIR OR CORRECTION. CUSTOMER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; PHONEBOOTH FREE, PHONEBOOTH FREE MANAGER AND/OR CONTACT US PLUS IS AT CUSTOMER’S SOLE RISK AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL DISCRETION AND XXXXXXXXX.XXX WILL NOT BE LIABLE TO LESSEE OR RESPONSIBLE FOR ANY LOSS, DAMAGE, DAMAGE TO CUSTOMER OR EXPENSE CUSTOMER’S PROPERTY. CUSTOMER HEREBY EXPRESSLY ASSUMES THE RISK OF ITS OR ITS END USER’S USE OF ANY KIND INFORMATION TRANSMITTED VIA PHONEBOOTH FREE. NO ADVICE OR NATURE CAUSED DIRECTLY INFORMATION, WHETHER ORAL OR INDIRECTLY WRITTEN, OBTAINED BY ANY EQUIPMENT LEASED HEREUNDERCUSTOMER FROM XXXXXXXXX.XXX, ITS EMPLOYEES OR BY THE USE THROUGH OR MAINTENANCE THEREOF, FROM PHONEBOOTH FREE AND/OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR PHONEBOOTH FREE MANAGER WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO IMPLIED WARRANTIES, SO THE EQUIPMENT THAT FOREGOING EXCLUSION MAY HAVE BEEN GIVEN TO LESSORNOT APPLY.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR ACCESS TO AND USE OF THE EQUIPMENTSERVICE IS AT YOUR SOLE RISK. LESSEE AGREES THAT LESSOR HAS NOT MADE RBC PROVIDES THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RBC MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATUREANY KIND, DIRECTLY OR INDIRECTLYWHETHER EXPRESS, EXPRESS OR IMPLIED, AS TO STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTY THAT THE SUITABILITYSERVICE WILL BE UNINTERRUPTED, DURABILITYERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; (B) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR USE, MERCHANTABILITY, CONDITIONA PARTICULAR PURPOSE, OR QUALITY NON- INFRINGEMENT; OR (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. RBC MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE EQUIPMENT SERVICES OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT CONTENT; (II) ANY HARM TO MAKE CLAIM AGAINST LESSOR FOR BREACH YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE OR ANY EQUIPMENT WARRANTY OF CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY KIND WHATSOEVERCONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; AND WITH RESPECT TO LESSOR(IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGESECURE, OR EXPENSE OF ANY KIND ERROR-FREE BASIS. NO ADVICE OR NATURE CAUSED DIRECTLY INFORMATION, WHETHER ORAL OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDERWRITTEN, OBTAINED FROM RBC, ITS AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, OR BY LICENSORS OR THROUGH THE USE OR MAINTENANCE THEREOFSERVICES, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR WILL CREATE ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORREPRESENTATION.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR XXXXXX EXPRESSLY UNDERSTANDS AND AGREES THAT, DEALER'S USE OF THE EQUIPMENTSERVICES AND THE PROVIDED CONTENT IS AT DEALER'S SOLE RISK AND ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, SHIFT DIGITAL, SPECIALIZED, THE SERVICE PROVIDERS AND THEIR AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO DEALER THAT: (A) DEALER'S USE OF THE SERVICES OR THE PROVIDED CONTENT WILL MEET DEALER'S REQUIREMENTS, OR (B) DEALER'S USE OF THE SERVICES OR PROVIDED CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. LESSEE AGREES ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING ANY PROVIDED CONTENT, IS DONE AT DEALER'S OWN DISCRETION AND RISK AND THAT LESSOR HAS NOT MADE DEALER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO DEALER'S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DEALER DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY DEALER FROM SHIFT DIGITAL, ANY SERVICE PROVIDER OR SPECIALIZED, OR THROUGH OR FROM THE USE OF THE SERVICES SHALL CREATE ANY WARRANTY. SHIFT DIGITAL, SPECIALIZED AND MAKES NO REPRESENTATIONS OR EACH SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF WHATSOEVER NATUREANY KIND, DIRECTLY OR INDIRECTLY, WHETHER EXPRESS OR IMPLIED, AS WITH RESPECT TO THE SUITABILITYSERVICES AND THE PROVIDED CONTENT INCLUDING, DURABILITYBUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; A PARTICULAR PURPOSE AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORNON- INFRINGEMENT.

No Warranties. LESSEE ACKNOWLEDGES YOU EXPRESSLY UNDERSTAND AND AGREE THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR ALL USE OF THE EQUIPMENT. LESSEE AGREES LICENSED SOFTWARE IS AT YOUR SOLE RISK AND THAT LESSOR HAS NOT MADE THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND MAKES "AS AVAILABLE." DOCKER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO REPRESENTATIONS OR EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE LICENSED SOFTWARE, INCLUDING IMPLIED WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYMERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE AND NON-INFRINGEMENT, MERCHANTABILITYTOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, CONDITIONWHETHER ORAL OR WRITTEN, OBTAINED FROM DOCKER OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOCKER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR QUALITY (B) YOUR USE OF THE EQUIPMENT LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ANY UNIT THEREOFFREE FROM ERROR. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT DOCKER'S WARRANTY OR LIABILITY FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL LOSSES WHICH MAY NOT BE LIABLE TO LESSEE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE LICENSED SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR ANY LOSSUSE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, DAMAGEINCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR EXPENSE OF ANY KIND COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORWEAPONS SYSTEMS.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR (a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN CUSTOMER AND XXXXXXXXX.XXX, PHONEBOOTH, PHONEBOOTH MANAGER, ANY APPLICABLE PHONEBOOTH SERVICE, CONTACT US PLUS AND ANY CPE, EQUIPMENT, MOBILE DEVICES AND/OR RELATED SERVICES EACH IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE PROVIDED “AS IS” AND MAKES NO REPRESENTATIONS OR “AS AVAILABLE” AND WITHOUT WARRANTIES OF WHATSOEVER NATUREANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIRECTLY OR INDIRECTLYEACH OF XXXXXXXXX.XXX, ITS AFFILIATES, SUPPLIERS AND, IF APPLICABLE, RESELLERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SUITABILITYINCLUDING, DURABILITYWHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE, MERCHANTABILITY, CONDITIONA PARTICULAR PURPOSE, OR QUALITY ANY WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE EQUIPMENT FOREGOING, XXXXXXXXX.XXX, ITS AFFILIATES, SUPPLIERS AND, IF APPLICABLE, RESELLERS DO NOT WARRANT THAT PHONEBOOTH (OR ANY UNIT THEREOFFUNCTIONS OF PHONEBOOTH OR ANY PHONEBOOTH SERVICES), CONTACT US PLUS, ANY CPE, EQUIPMENT, MOBILE DEVICES AND/OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PHONEBOOTH, PHONEBOOTH MANAGER, CONTACT US PLUS OR ANY PHONEBOOTH SERVICES (OR ANY SERVER THAT MAKES PHONEBOOTH, ANY PHONEBOOTH SERVICES, PHONEBOOTH MANAGER OR CONTACT US PLUS AVAILABLE) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LESSEE SPECIFICALLY WAIVES XXXXXXXXX.XXX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF PHONEBOOTH, PHONEBOOTH MANAGER, ANY PHONEBOOTH SERVICES OR CONTACT US PLUS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, UNAUTHORIZED ACCESS BY THIRD PARTIES OR OTHERWISE. CUSTOMER (AND NOT XXXXXXXXX.XXX) ASSUMES THE ENTIRE COST OF ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH NECESSARY SERVICING, REPAIR OR CORRECTION. CUSTOMER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF PHONEBOOTH, ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; PHONEBOOTH SERVICES, PHONEBOOTH MANAGER AND/OR CONTACT US PLUS IS AT CUSTOMER’S SOLE RISK AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL DISCRETION AND XXXXXXXXX.XXX WILL NOT BE LIABLE TO LESSEE OR RESPONSIBLE FOR ANY LOSS, DAMAGE, DAMAGE TO CUSTOMER OR EXPENSE CUSTOMER’S PROPERTY. CUSTOMER HEREBY EXPRESSLY ASSUMES THE RISK OF ITS OR ITS END USER’S USE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO INFORMATION TRANSMITTED VIA PHONEBOOTH OR ANY DELAY PHONEBOOTH SERVICES. NO ADVICE OR FAILURE TO PROVIDE INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM XXXXXXXXX.XXX, ITS EMPLOYEES OR THROUGH OR FROM PHONEBOOTH, ANY THEREOF, PHONEBOOTH SERVICE AND/OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR PHONEBOOTH MANAGER WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO IMPLIED WARRANTIES, SO THE EQUIPMENT THAT FOREGOING EXCLUSION MAY HAVE BEEN GIVEN TO LESSORNOT APPLY.

No Warranties. LESSEE THE OBLIGATION OF TENANT TO PAY RENT AND PERFORM TENANT'S OTHER COVENANTS AND DUTIES UNDER THIS LEASE ARE INDEPENDENT, UNCONDITIONAL OBLIGATIONS THAT ARE TO BE PERFORMED AT THE TIMES PROVIDED FOR IN THIS LEASE. TENANT WAIVES AND RELINQUISHES ALL RIGHTS TO CLAIM ANY NATURE OF LIEN AGAINST RENT. TENANT WAIVES AND RELINQUISHES ANY RIGHT TO ASSERT THAT LANDLORD IS BOUND TO PERFORM (OR IS LIABLE FOR NONPERFORMANCE OF) ANY IMPLIED COVENANTS OR DUTIES OF LANDLORD THAT ARE NOT STATED IN THIS LEASE. TENANT WAIVES ANY IMPLIED WARRANTY BY LANDLORD THAT THE LEASED PREMISES ARE SUITABLE FOR THEIR INTENDED COMMERCIAL PURPOSE, AND ACKNOWLEDGES THAT LESSOR IS NOT TENANT'S OBLIGATIONS ARE INDEPENDENT OF ANY SUCH IMPLIED WARRANTY AND OF ALL OTHER COVENANTS AND OBLIGATIONS OF LANDLORD. TENANT AGREES THAT LANDLORD WILL INCUR NO LIABILITY TO TENANT DUE TO ANY APPARENT OR LATENT DEFECT IN THE MANUFACTURER LEASED PREMISES. LANDLORD MAKES NO EXPRESS OR LICENSOR IMPLIED WARRANTY REGARDING THE CONDITION OF THE EQUIPMENTLEASED PREMISES. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURENEITHER LANDLORD NOR TENANT SHALL BE LIABLE UNDER THIS LEASE FOR ANY PUNITIVE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITIONCONSEQUENTIAL, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORSPECIAL DAMAGES.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE XXXXXX AGREES THAT LESSOR XXXXXX HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSOR.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR THE ENTIRE AGREEMENT BETWEEN THE SELLER AND BUYER WITH RESPECT TO THE PREMISES AND THE PERSONAL PROPERTY AND THE SALE THEREOF IS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE PARTIES ARE NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO BOUND BY ANY AGREEMENTS, UNDERSTANDINGS, PROVISIONS, CONDITIONS, REPRESENTATIONS OR WARRANTIES (WHETHER WRITTEN OR ORAL AND WHETHER MADE BY SELLER OR ANY AGENT, EMPLOYEE OR PRINCIPAL OF WHATSOEVER NATURESELLER OR ANY OTHER PARTY) OTHER THAN AS ARE EXPRESSLY SET FORTH AND STIPULATED IN THIS AGREEMENT. WITHOUT IN ANY MANNER LIMITING THE GENERALITY OF THE FOREGOING, DIRECTLY UPON EXPIRATION OF THE INSPECTION PERIOD BUYER ACKNOWLEDGES THAT IT AND ITS REPRESENTATIVES WILL HAVE INSPECTED AND INVESTIGATED THE PREMISES SUBJECT TO THE LIMITATIONS AS EXPRESSLY PROVIDED IN PARAGRAPH 19, THE PERSONAL PROPERTY, THE EXISTING LEASES AND EXISTING AGREEMENTS, OR INDIRECTLYWILL BE PROVIDED WITH AN ADEQUATE OPPORTUNITY TO DO SO, EXPRESS ARE OR IMPLIEDWILL BE FULLY FAMILIAR WITH THE FINANCIAL AND PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION THEREOF, AND THAT THE PREMISES, THE PERSONAL PROPERTY, THE EXISTING LEASES AND EXISTING AGREEMENTS ARE BEING PURCHASED BY BUYER IN AN “AS IS” AND “WHERE IS” CONDITION AND WITH ALL EXISTING DEFECTS PURSUANT TO SUCH INSPECTIONS AND INVESTIGATIONS AND NOT IN RELIANCE ON ANY AGREEMENT, UNDERSTANDING, CONDITION, WARRANTY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) OR REPRESENTATION MADE BY SELLER OR ANY AGENT, EMPLOYEE OR PRINCIPAL OF SELLER OR ANY OTHER PARTY (EXCEPT AS OTHERWISE EXPRESSLY ELSEWHERE PROVIDED IN THIS AGREEMENT OR IN ANY DOCUMENT TO BE DELIVERED BY SELLER AT CLOSING) AS TO THE FINANCIAL OR PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION OF THE PREMISES OR THE PERSONAL PROPERTY OR THE AREAS SURROUNDING THE PREMISES, OR AS TO ANY OTHER MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, AS TO ANY PERMITTED USE THEREOF, THE ZONING CLASSIFICATION THEREOF OR COMPLIANCE THEREOF WITH FEDERAL, STATE OR LOCAL LAWS, AS TO THE SUITABILITYINCOME OR EXPENSE IN CONNECTION THEREWITH, DURABILITYOR AS TO ANY OTHER MATTER IN CONNECTION THEREWITH. BUYER ACKNOWLEDGES THAT, FITNESS FOR USEEXCEPT AS OTHERWISE EXPRESSLY ELSEWHERE PROVIDED IN THIS AGREEMENT OR EXPRESSLY PROVIDED IN ANY DOCUMENT TO BE DELIVERED BY SELLER AT CLOSING, MERCHANTABILITYNEITHER SELLER, NOR ANY AGENT OR EMPLOYEE OF SELLER NOR ANY OTHER PARTY ACTING ON BEHALF OF SELLER HAS MADE OR SHALL BE DEEMED TO HAVE MADE ANY SUCH AGREEMENT, CONDITION, REPRESENTATION OR QUALITY WARRANTY EITHER EXPRESSED OR IMPLIED. THIS PARAGRAPH SHALL SURVIVE CLOSING, AND SHALL BE DEEMED INCORPORATED BY REFERENCE AND MADE A PART OF ALL DOCUMENTS DELIVERED BY SELLER TO BUYER IN CONNECTION WITH THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY TRANSACTIONS CONTEMPLATED BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORTHIS AGREEMENT.

No Warranties. LESSEE ACKNOWLEDGES THAT Lessee’s acceptance constitutes Lessee’s acknowledgment that the Pipe is acceptable to Lessee, suitable for Lessee’s purposes, in good order, repair and condition, and subject to this Lease. THE PIPE IS LEASED “AS IS” AND ALL RISKS ARE BORNE BY LESSEE. EXCEPT FOR THE WARRANTY OF QUIET ENJOYMENT IN PARAGRAPH 1, LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS WARRANY OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYREPRESENTATION ABOUT THE PIPE, EXPRESS OR IMPLIED, AS TO INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, FREEDOM OF THE PIPE FROM THE CLAIMS OF OTHERS BY WAY OF INFRINGEMENT OR OTHERWISE, FITNESS, QUAILTY, DESIGN, CONDITION, CAPACITY, SUITABILITY, DURABILITYUSE, FITNESS FOR USEOPERATION, INSTALLATION, SERVICING, LATENT DEFECTS, COMPLIANCE WITH ANY SPECIFICATION, MERCHANTABILITY, CONDITIONPERFORMANCE, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FITNESS FOR ANY LOSSPARTICULAR PURPOSE. LESSEE, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A SOLE DISCRETION SELECTED THE PIPE AND MANUFACTURER OR LICENSOR OR SELLER RELATING TO AND ONLY LESSEE WILL ACCEPT DELIVERY OF, INSPECT, USE AND MAINTAIN THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORPIPE. Lessor is not liable for any defects in the Pipe, or for any direct or consequential damage; for loss of use of the Pipe; or for any failure or delay in obtaining the Pipe. Lessee waives any such claims against Lessor. Lessee agrees that the manufacturer is not an agent of Lessor. No representation made by any manufacturer, vendor, or agent of either, about the Pipe affects Lessee’s duty to pay rent and perform its other obligations under this Lease.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT ACCESS TO THE MANUFACTURER MASS HIWAY, INCLUDING ALL PRODUCTS AND SERVICES DESCRIBED IN THIS PARTICIPATION AGREEMENT, WHETHER PROVIDED BY EOHHS OR LICENSOR ITS CONTRACTOR(S), AND THE INFORMATION OBTAINED OR TRANSMITTED BY THE PARTICIPANT BY USE OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE MASS HIWAY ARE PRODUCTS, SERVICES AND MAKES NO REPRESENTATIONS OR WARRANTIES INFORMATION PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF WHATSOEVER NATUREANY KIND, DIRECTLY OR INDIRECTLY, EXPRESS EXPRESSED OR IMPLIED, AS TO INCLUDING BUT NOT LIMITED TO, THE SUITABILITY, DURABILITY, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. EOHHS AND ITS CONTRACTOR(S) DO NOT WARRANT THAT THE PRODUCT OR SERVICES, OR ANY PORTION THEREOF, ARE ERROR OR BUG FREE, OR THAT PARTICIPANT’S USE OF THE PRODUCT OR SERVICES WILL BE UNINTERRUPTED. EOHHS AND ITS CONTRACTOR(S) ASSUME NO RESPONSIBILITY FOR THE PROPER INSTALLATION AND USE OF THESE PRODUCTS OR SERVICES. THE PARTICIPANT IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE MASS HIWAY OR THE INFORMATION OBTAINED OR TRANSMITTED BY USE OF THE MASS HIWAY, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. EOHHS AND ITS CONTRACTOR(S) MAKE NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THESE PRODUCT OR SERVICES. IT IS EXPRESSLY AGREED THAT IN NO EVENT WILL EOHHS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROFINFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORIES OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. EACH PARTY DISCLAIMS ANY AND ALL LIABILITY FOR ANY ERRONEOUS TRANSMISSIONS AND LOSS OF BUSINESS SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT THE MASS HIWAY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDEREVENT, TO ASSIGN THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY NINETY (90) DAYS FROM (i) THE DATE OF A MANUFACTURER SHIPMENT OF THE APPLICABLE PRODUCT OR LICENSOR OR SELLER RELATING TO (ii) THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORDATE PARTICIPANT FIRST USES THE SERVICES.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, FBC LICENSES MYDAYCARE PLUS TO LICENSEE ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, AS OR ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, OR TRADE USAGE. TO THE SUITABILITYMAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, DURABILITYFBC DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITYAND NON-INFRINGEMENT, CONDITION, OR QUALITY WITH REGARD TO MYDAYCARE PLUS. LICENSEE ACKNOWLEDGES THAT THE OPERATION OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL MYDAYCARE PLUS MAY NOT BE LIABLE TO LESSEE FOR ANY LOSSUNINTERRUPTED OR ERROR-FREE, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT THAT ERRORS MAY NOT BE CORRECTED. FBC IS NOT RESPONSIBLE IN ANY WAY IMPLYING FOR ANY INTERFERENCE, ERRORS, OR PREVENTION OF LICENSEE’S ACCESS TO OR USE OF MYDAYCARE PLUS. FBC IS NOT YOUR ACCOUNTANT AND USE OF MYDAYCARE PLUS DOES NOT CONSTITUTE THE RECEIPT OF ACCOUNTING ADVICE. IF YOU HAVE ANY ACCOUNTING QUESTIONS, PLEASE CONTACT AN ACCOUNTANT. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE THAT MYDAYCARE PLUS MEETS THE NEEDS OF YOUR BUSINESS AND IS SUITABLE FOR THE PURPOSES FOR WHICH IT IS USED. YOU REMAIN SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE ACCOUNTING, TAX, AND OTHER LAWS. IT IS YOUR RESPONSIBILITY TO CHECK THAT THE STORAGE OF AND ACCESS TO YOUR DATA VIA MYDAYCARE PLUS AND THE WEBSITE WILL COMPLY WITH LAWS APPLICABLE TO YOU AND YOUR BUSINESS (INCLUDING ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, LAWS REQUIRING YOU TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORRETAIN RECORDS).

No Warranties. LESSEE ACKNOWLEDGES YOU UNDERSTAND AND AGREE THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE PRODUCTS ARE PROVIDED "AS IS" AND MAKES NO REPRESENTATIONS OR XACTIUM, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYANY KIND, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED INCLUDING WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR LIMITATION ANY WARRANTY OF MERCHANTABILITY,FITNESS FOR A MANUFACTURER PARTICULAR PURPOSE OR LICENSOR NON-INFRINGEMENT. XACTIUM, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR SELLER RELATING TO REPRESENTATION REGARDING THE EQUIPMENT RESULTS THAT MAY HAVE BEEN GIVEN BE OBTAINED FROM THE USE OF THE PRODUCTS, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PRODUCTS, REGARDING ANY GOODS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE PRODUCTS, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE PRODUCTS OR THAT THE PRODUCTS WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE PRODUCTS IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO LESSORYOU RESULTING FROM THE USE OF THE PRODUCTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCTS REMAINS WITH YOU. You agree to indemnify, defend and hold harmless Xactium, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Products, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the Products are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Xactium, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR THE SOFTWARE IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE PROVIDED AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS LICENSED TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT YOU “AS IS”. LESSOR SHALL NOT BE LIABLE YOU ASSUME THE ENTIRE RISK AS TO LESSEE AND ACKNOWLEDGE THAT YOU RELY SOLELY AT YOUR OWN RISK ON RESULTS AND PERFORMANCE ARISING OUT OF THE USE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE TO HAVE DEFECTS IN ANY WAY, YOU ASSUME THE ENTIRE COST OF ALL DAMAGES SERVICING, REPAIR OR CORRECTIONS ARISING IN CONNECTION WITH OR AS A RESULT OF SUCH DEFECTS. EDISEN DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY LOSSWARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, DAMAGEEDISEN SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES THAT THE SOFTWARE, EDISEN’S EFFORTS, OR EXPENSE ANY SYSTEM WITH WHICH YOU WILL USE THE SOFTWARE WILL MEET YOUR REQUIREMENTS, FULFILL ANY OF ANY KIND YOUR PARTICULAR PURPOSES OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDERNEEDS, OR BY THAT THE USE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR MAINTENANCE THEREOFERROR FREE. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF YOUR REQUIREMENTS, OR BY THE REPAIRSSOFTWARE, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE AND HARDWARE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSOR.ACHIEVE YOUR

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR ADVICE OR INFORMATION GIVEN BY VERIZON OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY. USE OF VERIZON TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WE DISCLAIM, WITH RESPECT TO ALL SERVICES, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR IMPLIED WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYMERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND NONINFRINGEMENT. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IN ADDITION, MERCHANTABILITY, CONDITIONVERIZON DOES NOT GUARANTEE THAT VERIZON FIOS IS SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR QUALITY THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE. THE PROVISIONING AND PERFORMANCE (SPEED) OF VERIZON FIOS IS SERVICE IS SUBJECT TO CIRCUIT OR OTHER NETWORK FACILITY AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE EQUIPMENT OR ANY UNIT THEREOFCONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES AND NETWORK/INTERNET CONGESTION, AMONG OTHER FACTORS. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL IN THE EVENT YOUR LINE IS NOT BE LIABLE TO LESSEE PROVISIONED FOR ANY LOSSREASON, DAMAGENEITHER YOU NOR VERIZON SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY VERIZON-PROVIDED EQUIPMENT). VERIZON DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY VERIZON WILL MEET YOUR NEEDS, PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDERWILL BE UNINTERRUPTED, ERROR- FREE, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORSECURE.

No Warranties. LESSEE ACKNOWLEDGES YOU EXPRESSLY UNDERSTAND AND AGREE THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR ALL USE OF THE EQUIPMENTSOFTWARE IS AT YOUR SOLE RISK AND THAT THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”. LESSEE AGREES THAT LESSOR HAS NOT MADE IRD, ITS SUBSIDIARIES AND MAKES AFFILIATES, AND THEIR LICENSORS MAKE NO REPRESENTATIONS OR EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SOFTWARE INCLUDING IMPLIED WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYMERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE AND NON-INFRINGEMENT, MERCHANTABILITYTOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, CONDITIONWHETHER ORAL OR WRITTEN, OBTAINED FROM IRD OR QUALITY ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE EQUIPMENT FOREGOING PROVISIONS OF THIS SECTION 5, IRD, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS DO NOT REPRESENT OR ANY UNIT THEREOFWARRANT THAT: (A) YOUR USE OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS; OR (B) YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH IN THE EVENT OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE THE SOFTWARE, IRD’S SOLE RESPONSIBILTY SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE INTERRUPTION. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLDGE AND AGREE THAT THIS AGREEMENT DOES NOT ENTITLE YOU TO ANY SUPPORT FOR THE SOFTWARE. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION 5, NOTHING IN THIS SECTION 5 SHALL EXCLUDE OR LOSS LIMIT IRD’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS INCLUDING, WITHOUT LIMITATION, OPERATION OF USE THEROFNUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR FOR ANY LOSS OF BUSINESS COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL AND/OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER LIFE SUPPORT OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORWEAPONS SYSTEMS.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR THE ENTIRE AGREEMENT BETWEEN THE SELLER AND BUYER WITH RESPECT TO THE PREMISES AND THE PERSONAL PROPERTY AND THE SALE THEREOF IS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE DEPOSIT ESCROW AGREEMENT. THE PARTIES ARE NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO BOUND BY ANY AGREEMENTS, UNDERSTANDINGS, PROVISIONS, CONDITIONS, REPRESENTATIONS OR WARRANTIES (WHETHER WRITTEN OR ORAL AND WHETHER MADE BY SELLER OR ANY AGENT, EMPLOYEE OR PRINCIPAL OF WHATSOEVER NATURESELLER OR ANY OTHER PARTY) OTHER THAN AS ARE EXPRESSLY SET FORTH AND STIPULATED IN THIS AGREEMENT. WITHOUT IN ANY MANNER LIMITING THE GENERALITY OF THE FOREGOING, DIRECTLY BUYER ACKNOWLEDGES THAT IT AND ITS REPRESENTATIVES HAVE FULLY INSPECTED THE PREMISES, THE PERSONAL PROPERTY, THE EXISTING LEASES AND EXISTING AGREEMENTS, OR INDIRECTLYWILL BE PROVIDED WITH AN ADEQUATE OPPORTUNITY TO DO SO, EXPRESS ARE OR IMPLIEDWILL BE FULLY FAMILIAR WITH THE FINANCIAL AND PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION THEREOF, AND THAT THE PREMISES, THE PERSONAL PROPERTY, THE EXISTING LEASES AND EXISTING AGREEMENTS HAVE BEEN PURCHASED BY BUYER IN AN “AS IS” AND “WHERE IS” CONDITION AND WITH ALL EXISTING DEFECTS (PATENT AND LATENT) AS A RESULT OF SUCH INSPECTIONS AND INVESTIGATIONS AND NOT IN RELIANCE ON ANY AGREEMENT, UNDERSTANDING, CONDITION, WARRANTY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) OR REPRESENTATION MADE BY SELLER OR ANY AGENT, EMPLOYEE OR PRINCIPAL OF SELLER OR ANY OTHER PARTY (EXCEPT AS OTHERWISE EXPRESSLY ELSEWHERE PROVIDED IN THIS AGREEMENT) AS TO THE FINANCIAL OR PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION OF THE PREMISES OR THE PERSONAL PROPERTY OR THE AREAS SURROUNDING THE PREMISES, OR AS TO ANY OTHER MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, AS TO ANY PERMITTED USE THEREOF, THE ZONING CLASSIFICATION THEREOF OR COMPLIANCE THEREOF WITH FEDERAL, STATE OR LOCAL LAWS, AS TO THE SUITABILITYINCOME OR EXPENSE IN CONNECTION THEREWITH, DURABILITYOR AS TO ANY OTHER MATTER IN CONNECTION THEREWITH, FITNESS FOR USEEXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. BUYER ACKNOWLEDGES THAT, MERCHANTABILITYEXCEPT AS OTHERWISE EXPRESSLY ELSEWHERE PROVIDED IN THIS AGREEMENT, NEITHER SELLER, OR ANY AGENT OR EMPLOYEE OF SELLER NOR ANY OTHER PARTY ACTING ON BEHALF OF SELLER HAS MADE OR SHALL BE DEEMED TO HAVE MADE ANY SUCH AGREEMENT, CONDITION, REPRESENTATION OR QUALITY WARRANTY EITHER EXPRESSED OR IMPLIED. THIS PARAGRAPH SHALL SURVIVE CLOSING AND DELIVERY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES DEED, AND SHALL BE DEEMED INCORPORATED BY REFERENCE AND MADE A PART OF ALL RIGHT DOCUMENTS DELIVERED BY SELLER TO MAKE CLAIM AGAINST LESSOR FOR BREACH BUYER IN CONNECTION WITH THE SALE OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; THE PREMISES AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORPERSONAL PROPERTY.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR EACH OF THE EQUIPMENTAWD AND AWD/VIEW MANAGER SYSTEMS IS LICENSED AS IS AND DST DOES NOT MAKE AND HEREBY DISCLAIMS, AND THE FUND HEREBY EXPRESSLY WAIVES, ALL WARRANTIES, EXPRESSED OR IMPLIED. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL DST HAVE ANY LIABILITY WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, FUND OR QUALITY OF THE EQUIPMENT ANYONE OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND ANYONE ELSE WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE THE LICENSE GRANTED TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO FUND OR ANY DELAY USE OF THE AWD AND AWD/VIEW MANAGER SYSTEMS OR FAILURE ANY OTHER DST WRITTEN SOFTWARE UNDER THIS SCHEDULE AND THE AGREEMENT TO PROVIDE WHICH THIS SCHEDULE IS ATTACHED OR OTHERWISE. IN ADDITION AND NOT IN CONTRAVENTION OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL DST HAVE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LIABILITY WHATSOEVER FOR LOSS OF USE THEROFPROFITS, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR FOR ANY LOSS PUNITIVE DAMAGES, EVEN IF DST HAS BEEN ADVISED OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY THE POSSIBILITY OF SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORDAMAGES.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT ACCESS TO THE MANUFACTURER OR LICENSOR HIE, USE OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE SERVICES, AND MAKES NO REPRESENTATIONS OR WARRANTIES THE INFORMATION OBTAINED BY A PARTICIPANT PURSUANT TO THE USE OF WHATSOEVER NATURETHOSE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, DIRECTLY OR INDIRECTLY, EXPRESS EXPRESSED OR IMPLIED, AS TO INCLUDING BUT NOT LIMITED TO, THE SUITABILITY, DURABILITYIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND, EXCEPT AS PROVIDED IN A VENDOR AGREEMENT, NON- INFRINGEMENT. THE PARTICIPANT SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE HIE OR THE INFORMATION IN THE HIE, INCLUDING BUT NOT LIMITED TO INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL HEALTHeLINK OR ANY OTHER PARTICIPANT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, MERCHANTABILITYLOSS OF INFORMATION OR DATA, CONDITIONBODILY INJURY, OR QUALITY OTHER THIRD-PARTY LIABILITIES, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORIES OF LIABILITY, EVEN IF HEALTHeLINK OR THE PARTICIPANT HAS BEEN APPRISED OF THE EQUIPMENT POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. HEALTHeLINK AND EACH PARTICIPANT DISCLAIMS ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES AND ALL RIGHT TO MAKE CLAIM AGAINST LESSOR LIABILITY FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; ERRONEOUS TRANSMISSIONS AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORHIE.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR DEALER EXPRESSLY UNDERSTANDS AND AGREES THAT, DEALER'S USE OF THE EQUIPMENTSERVICES AND THE PROVIDED CONTENT IS AT DEALER'S SOLE RISK AND ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, SHIFT DIGITAL, THE SERVICE PROVIDERS AND THEIR AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO DEALER THAT: (A) DEALER'S USE OF THE SERVICES OR THE PROVIDED CONTENT WILL MEET DEALER'S REQUIREMENTS, OR (B) DEALER'S USE OF THE SERVICES OR PROVIDED CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. LESSEE AGREES ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING ANY PROVIDED CONTENT, IS DONE AT DEALER'S OWN DISCRETION AND RISK AND THAT LESSOR HAS NOT MADE DEALER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO DEALER'S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DEALER DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY DEALER FROM SHIFT DIGITAL, ANY SERVICE PROVIDER OR AHM, OR THROUGH OR FROM THE USE OF THE SERVICES SHALL CREATE ANY WARRANTY. SHIFT DIGITAL AND MAKES NO REPRESENTATIONS OR EACH SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF WHATSOEVER NATUREANY KIND, DIRECTLY OR INDIRECTLY, WHETHER EXPRESS OR IMPLIED, AS WITH RESPECT TO THE SUITABILITYSERVICES AND THE PROVIDED CONTENT INCLUDING, DURABILITYBUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; A PARTICULAR PURPOSE AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORNON- INFRINGEMENT.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS THE SERVICES UNDER THE TERMS OF SERVICE, UTOPPIA’S MOBILE APP AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE MANUFACTURER WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE UTOPPIA SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED, OR LICENSOR STATUTORY. USE OF THE EQUIPMENTUTOPPIA SERVICES IS AT YOUR OWN RISK. LESSEE AGREES THAT LESSOR HAS NOT MADE UTOPPIA, SOFTWARE PROVIDER, PARTNER FINANCIAL INSTITUTIONS, AND MAKES NO REPRESENTATIONS OR OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYMERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITYAND NON-INFRINGEMENT. NEITHER UTOPPIA, CONDITIONSOFTWARE PROVIDER NOR PARTNER FINANCIAL INSTITUTION REPRESENT OR WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR QUALITY OF THE EQUIPMENT ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UTOPPIA OR THROUGH OUR SERVICES WILL CREATE ANY UNIT THEREOFWARRANTY NOT EXPRESSLY STATED HEREIN. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR NEITHER UTOPPIA NOR PARTNER FINANCIAL INSTITUTION SHALL NOT BE LIABLE TO LESSEE RESPONSIBLE FOR ANY LOSSSERVICE INTERRUPTIONS OR SYSTEM FAILURES, DAMAGEINCLUDING BUT NOT LIMITED TO FAILURE OF INTERCONNECTING AND OPERATING SYSTEMS, COMPUTER VIRUSES, FORCES OF NATURE, LABOR DISPUTES AND ARMED CONFLICTS, THAT MAY AFFECT THE PROCESSING, COMPLETION, OR EXPENSE SETTLEMENT OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, OUR SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION TRANSACTIONS. THIS DISCLAIMER OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING SECTION SHALL APPLY TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORFULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

No Warranties. LESSEE ACKNOWLEDGES IT IS AGREED THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR NONE OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE OBLIGEE, TRUST COMPANY, THE DEPOSITOR OR ANY PARTICIPANT SHALL BE DEEMED TO HAVE MADE, AND MAKES NO REPRESENTATIONS EACH IS DEEMED TO HEREBY DISCLAIM ANY WARRANTY OR WARRANTIES OF WHATSOEVER NATUREREPRESENTATION, DIRECTLY OR INDIRECTLY, EITHER EXPRESS OR IMPLIED, AS TO TITLE TO, AS TO THE SUITABILITYDESIGN, DURABILITYCONDITION OR MERCHANTABILITY OF, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR AS TO THE QUALITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN OR THE CONFORMITY THEREOF TO THE PLANS AND SPECIFICATIONS, OR AS TO THE FITNESS OF THE ASSETS FOR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT PARTICULAR PURPOSE OR AS TO MAKE CLAIM AGAINST LESSOR ELIGIBILITY OF THE ASSETS FOR BREACH ANY PARTICULAR TRADE, OR THE PRESENCE OR ABSENCE OF ANY EQUIPMENT LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, OR ANY OTHER WARRANTY OF OR REPRESENTATION WHATSOEVER. THE OBLIGOR HEREBY WAIVES ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSORCLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT OR INFRINGEMENT) IT MIGHT HAVE AGAINST THE OBLIGEE, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE TRUST COMPANY, THE DEPOSITOR, ANY PARTICIPANT OR ANY OTHER INDEMNIFIED PERSON FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE, ) OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, THE ASSETS OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR OBLIGOR'S LOSS OF USE THEROF, OR THEREOF FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDERREASON WHATSOEVER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORINCLUDING COMPLIANCE WITH ENVIRONMENTAL LAWS. So long and only so long as an Event of Default shall not have occurred and be continuing, and so long and only so long as the Assets shall be subject to this Agreement and the Obligor shall be entitled to possession of the Assets hereunder, the Obligee authorizes the Obligor, at the Obligor's expense, to .assert for the Obligee's account, all rights and powers of the Obligee under any Builder's, manufacturer's, vendor's or dealer's warranty with respect to the Assets and the Obligee agrees to cooperate with the Obligor to the extent reasonably necessary to permit the Obligor to realize the benefits of such warranties; provided, however, that the Obligor shall indemnify, protect, save, defend and hold harmless the Obligee, Trust Company, the Depositor, the Participants and the other Indemnified Persons from and against any and all claims, and all costs, expenses, damages, losses and liabilities incurred or suffered by the Obligee in connection therewith, as a result of, or incident to, any action by the Obligor pursuant to the foregoing authorization. Nothing in this Section 20 shall be construed as a waiver of any right that either the Obligee or the Obligor may have against any person other than the Obligee, the Trustee, the Depositor, the Participants and the other Indemnified Persons.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR HIE DATA IS NOT THE MANUFACTURER OR LICENSOR PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYANY KIND, EXPRESS OR IMPLIED, AS TO INCLUDING, BUT NOT LIMITED TO, THE SUITABILITY, DURABILITYIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL THE PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, MERCHANTABILITYOR LOSS OF INFORMATION OR DATA, CONDITIONWHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR QUALITY ANY OTHER THEORIES OF LIABILITY, EVEN IF THE PARTIES HAVE BEEN APPRISED OF THE EQUIPMENT POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE PARTIES DISCLAIM ANY UNIT THEREOFAND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR OTHER THIRD PARTIES. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF THE NC HEALTHCONNEX CLINICAL PORTAL IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORNONINFRINGEMENT.

No Warranties. LESSEE LICENSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AND AGREES THAT LESSOR HAS NOT MADE AND SIUE MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYREPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE FITNESS OF FACILITY FOR THE USE CONTEMPLATED BY LICENSEE. LICENSEE REPRESENTS THAT IT HAS HAD ADEQUATE OPPORTUNITY TO INSPECT FACILITY AND DETERMINE ITS FITNESS AND ADEQUACY PRIOR TO ENTERING INTO THIS FACILITY-USE LICENSE AGREEMENT. EXCEPT AS TO THE SUITABILITYOTHERWISE PROVIDED IN THIS AGREEMENT, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT UNDER NO CIRCUMSTANCES WILL SIUE BE LIABLE TO LESSEE LICENSEE OR THEIR GUESTS FOR ANY LOSSINDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE TYPE OF CLAIM OR ANY CAUSES OF ACTION OF WHATEVER KIND, ARISING FROM OR BY REASON OF ANY PERSONAL INJURY, PROPERTY DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE CONSEQUENCES THEREOF, RESULTING FROM OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDERCONNECTED WITH LICENSEE’S USE OF THE FACILITY WHETHER CAUSED BY THE ORDINARY, ACTIVE OR PASSIVE NEGLIGENCE OF SIUE OR OTHERWISE, TO ASSIGN TO LESSEE UPON LESSEETHE FULLEST EXTENT PROVIDED BY LAW EVEN IF LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SIUE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORTOTAL LIABILITY UNDER THIS AGREEMENT EXCEED AMOUNTS RECEIVED BY SIUE UNDER THIS AGREEMENT.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR THE ENTIRE AGREEMENT BETWEEN THE SELLER AND BUYER WITH RESPECT TO THE PROPERTY AND THE SALE THEREOF IS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE PARTIES ARE NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO BOUND BY ANY AGREEMENTS, UNDERSTANDINGS, PROVISIONS, CONDITIONS, REPRESENTATIONS OR WARRANTIES (WHETHER WRITTEN OR ORAL AND WHETHER MADE BY SELLER OR ANY AGENT, EMPLOYEE, ATTORNEY, MEMBER, OFFICER OR PRINCIPAL OF WHATSOEVER NATURESELLER OR ANY OTHER PARTY) OTHER THAN AS ARE EXPRESSLY SET FORTH AND STIPULATED IN THIS AGREEMENT. WITHOUT IN ANY MANNER LIMITING THE GENERALITY OF THE FOREGOING (BUT SUBJECT TO ANY REPRESENTATIONS AND WARRANTIES OF SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT), DIRECTLY BUYER ACKNOWLEDGES THAT IT AND ITS REPRESENTATIVES WILL, BY THE CLOSING, HAVE FULLY INSPECTED THE PROPERTY AND EXISTING AGREEMENTS, OR INDIRECTLYWILL BE PROVIDED WITH AN ADEQUATE OPPORTUNITY TO DO SO, EXPRESS ARE OR IMPLIEDWILL BE FULLY FAMILIAR WITH THE FINANCIAL AND PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION THEREOF, AND THAT THE PROPERTY AND EXISTING AGREEMENTS HAVE BEEN PURCHASED BY BUYER IN AN “AS IS” AND “WHERE IS” CONDITION AND WITH ALL EXISTING DEFECTS (PATENT AND LATENT) AS A RESULT OF SUCH INSPECTIONS AND INVESTIGATIONS AND NOT IN RELIANCE ON ANY AGREEMENT, UNDERSTANDING, CONDITION, WARRANTY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) OR REPRESENTATION MADE BY SELLER OR ANY AGENT, EMPLOYEE, MEMBER, OFFICER OR PRINCIPAL OF SELLER OR ANY OTHER PARTY (EXCEPT AS OTHERWISE EXPRESSLY ELSEWHERE PROVIDED IN THIS AGREEMENT) AS TO THE FINANCIAL OR PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION OF THE PROPERTY OR THE AREAS SURROUNDING THE PREMISES, OR AS TO ANY OTHER MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, AS TO ANY PERMITTED USE THEREOF, THE ZONING CLASSIFICATION THEREOF OR COMPLIANCE THEREOF WITH FEDERAL, STATE OR LOCAL LAWS, AS TO THE SUITABILITYINCOME OR EXPENSE IN CONNECTION THEREWITH, DURABILITYOR AS TO ANY OTHER MATTER IN CONNECTION THEREWITH. BUYER ACKNOWLEDGES THAT, FITNESS FOR USEEXCEPT AS OTHERWISE EXPRESSLY ELSEWHERE PROVIDED IN THIS AGREEMENT, MERCHANTABILITYNEITHER SELLER, NOR ANY AGENT, MEMBER, OFFICER, EMPLOYEE OR PRINCIPAL OF SELLER NOR ANY OTHER PARTY ACTING ON BEHALF OF SELLER HAS MADE OR SHALL BE DEEMED TO HAVE MADE ANY SUCH AGREEMENT, CONDITION, REPRESENTATION OR QUALITY WARRANTY EITHER EXPRESSED OR IMPLIED. THIS PARAGRAPH SHALL SURVIVE CLOSING AND DELIVERY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES DEED, AND SHALL BE DEEMED INCORPORATED BY REFERENCE AND MADE A PART OF ALL RIGHT DOCUMENTS DELIVERED BY SELLER TO MAKE CLAIM AGAINST LESSOR FOR BREACH BUYER IN CONNECTION WITH THE SALE OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORPROPERTY.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT THE PROPERTY IS NOT TRANSFERRED BY AND ACCEPTED BY THE MANUFACTURER CHURCH IN ITS PRESENT CONDITION, AS IS, WHERE IS AND WITH ALL FAULTS, AND WITH ANY AND ALL LATENT AND PATENT DEFECTS. THERE IS NO WARRANTY OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYREPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, BY PRESBYTERY OR BY ANY PERSON FOR WHOM PRESBYTERY HAS RESPONSIBILITY THAT ANY PART OF THE PROPERTY HAS A PARTICULAR FINANCIAL VALUE, IS FIT FOR A PARTICULAR PURPOSE, OR AS TO THE CONDITION, HABITABILITY, SUITABILITY, DURABILITYOR MERCHANTABILITY OF THE PROPERTY. THE CHURCH HAS RELIED SOLELY UPON IT'S OWN INVESTIGATION OF THE PROPERTY AND NOT UPON ANY REPRESENTATION, FITNESS STATEMENT OR ASSURANCE BY PRESBYTERY OR ANY PERSON FOR USEWHOM PRESBYTERY HAS RESPONSIBILITY. THE CHURCH AGREES THAT THE PROVISIONS OF THIS PARAGRAPH SURVIVE THE CLOSING. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT PRESBYTERY HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, MERCHANTABILITYGUARANTY, OR REPRESENTATION, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING THE PROPERTY, AND THE CHURCH ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY REPRESENTATION, STATEMENT OR ASSURANCE AS TO: (1) THE NATURE AND CONDITION OF THE PROPERTY, INCLUDING BUT NOT BY WAY OF LIMITATION, THE WATER, SOIL, SUBSURFACE, AND GEOLOGY, AND THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH SUCH THE CHURCH MAY ELECT TO CONDUCT THEREON; (2) THE MANNER, CONSTRUCTION, CONDITION, STATE OF REPAIR OR QUALITY LACK OF REPAIR OF ANY IMPROVEMENTS LOCATED THEREON OR THE ADEQUACY OF PARKING OR ACCESS; (3) THE COMPLIANCE OF ANY OF THE EQUIPMENT PROPERTY WITH ANY LAWS, RULES, ORDINANCES OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH REGULATIONS OF ANY EQUIPMENT WARRANTY FEDERAL, STATE OR LOCAL GOVERNMENTAL OR QUASIGOVERNMENTAL BODY (INCLUDING WITHOUT LIMITATION, BUILDING PERMITS, ZONING, AND ENVIRONMENTAL LAWS AND REGULATIONS INCLUDING, WITHOUT LIMITATION, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, THE TOXIC SUBSTANCES CONTROL ACT, THE CLEAN WATER ACT, THE SAFE DRINKING WATER ACT, THE CLEAN AIR ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, THE SOLID WASTE DISPOSAL ACT, AND THE AMERICANS WITH DISABILITIES ACT OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR1990, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSOR42 U.S.C. 12101 ET SEQ.).

No Warranties. LESSEE EXCEPT AS SET FORTH IN SECTION 8(A), THE PROPERTY IS BEING PURCHASED AND SOLD "AS IS", WHERE IS" AND WITH "ALL FAULTS", INCLUDING WITHOUT LIMITATIONS, ALL MATTERS DISCLOSED, DISCOVERED OR DISCOVERABLE BY BUYER AND ANY LATENT DEFECTS AND OTHER MATTERS NOT DETECTED IN BUYER'S INSPECTIONS. PURCHASER SPECIFICALLY ACKNOWLEDGES AND CONFIRMS THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR SELLER HAS NOT MADE AND MAKES NO REPRESENTATIONS SELLER SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR WARRANTIES GUARANTIES OF WHATSOEVER NATUREANY KIND OR CHARACTER WHATSOEVER, DIRECTLY OR INDIRECTLY, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN AS TO, CONCERNING, OR WITH RESPECT TO THE SUITABILITYPROPERTY EXCEPT AS SET FORTH IN SECTION 8(A). THE PURCHASE PRICE AND THE TERMS AND CONDITIONS SET FORTH HEREIN ARE THE RESULT OF ARM'S-LENGTH BARGAINING BETWEEN PARTIES FAMILIAR WITH TRANSACTIONS OF THIS KIND AND NATURE, DURABILITYAND THE AGREED UPON PURCHASE PRICE, FITNESS FOR USEAND THE TERMS AND CONDITIONS SET FORTH HEREIN REFLECT THE FACT THAT PURCHASER SHALL HAVE THE BENEFIT OF, MERCHANTABILITYAND IS RELYING UPON, CONDITIONNO STATEMENTS, REPRESENTATIONS OR QUALITY WARRANTIES WHATSOEVER, MADE BY OR ENFORCEABLE AGAINST SELLER (OTHER THAN THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER SET FORTH IN SECTION 8(A)) EXCEPT TO THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR EXTENT CAUSED BY A BREACH OF ANY EQUIPMENT WARRANTY OF SELLER'S EXPRESS REPRESENTATIONS, PURCHASER, FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS, RELEASES SELLER AND SELLER'S AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, BROKERS, CONTRACTORS AND REPRESENTATIVES FROM, AND WAIVES ANY AND ALL CAUSES OF ACTION OR CLAIMS AGAINST ANY OF SUCH PERSONS FOR (I) ANY AND ALL LIABILITY ATTRIBUTABLE TO ANY PHYSICAL CONDITION OF OR AT THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE PRESENCE ON, UNDER OR ABOUT THE PROPERTY OF ANY KIND WHATSOEVERHAZARDOUS SUBSTANCES; (II) ANY AND ALL LIABILITY RESULTING FROM THE FAILURE OF THE PROPERTY TO COMPLY WITH ANY APPLICABLE LAWS, CODES, OR REGULATIONS INCLUDING, WITHOUT LIMITATION, ANY ENVIRONMENTAL LAW; AND (III) ANY LIABILITIES, DAMAGES OR INJURY ARISING FROM, CONNECTED WITH OR OTHERWISE CAUSED BY STATEMENTS, OPINIONS OR INFORMATION OBTAINED FROM ANY OF SUCH PERSONS WITH RESPECT TO LESSORTHE PROPERTY. AS USED HEREIN, LESSEE LEASES EQUIPMENT “THE TERM "HAZARDOUS SUBSTANCES" SHALL MEAN ANY MATERIAL OR SUBSTANCE THAT, WHETHER BY ITS NATURE OR USE, IS NOW OR HEREAFTER DEFINED AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR A HAZARDOUS WASTE, HAZARDOUS SUBSTANCE, POLLUTANT OR CONTAMINANT UNDER ANY LOSSLOCAL, DAMAGESTATE OR FEDERAL LAW, RULE OR REGULATION, OR EXPENSE OF WHICH IS TOXIC, EXPLOSIVE, CORROSIVE, FLAMMABLE, INFECTIOUS, RADIOACTIVE, CARCINOGENIC, MUTAGENIC OR OTHERWISE HAZARDOUS AND WHICH IS NOW OR HEREAFTER REGULATED UNDER ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDERLOCAL, STATE, OR BY FEDERAL LAW, RULE OR REGULATION OR WHICH IS OR CONTAINS PETROLEUM, GASOLINE, DIESEL FUEL OR ANOTHER PETROLEUM HYDROCARBON PRODUCT. AS USED HEREIN, THE USE TERM "ENVIRONMENTAL LAW" SHALL MEAN ANY LAW, RULE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER REGULATION RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSOR.ANY HAZARDOUS SUBSTANCES. ---------------------------------- ----------------------------------- SELLER'S INITIALS PURCHASER'S INITIALS

No Warranties. LESSEE ACKNOWLEDGES YOU UNDERSTAND AND AGREE THAT LESSOR THE SOFTWARE IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE PROVIDED "AS IS" AND MAKES NO REPRESENTATIONS OR ADILES, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYANY KIND, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYINCLUDING WITHOUT LIMITATION ANY WARRANTY OF MER- CHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE OR NON-INFRINGEMENT. ADILES, MERCHANTABILITYITS AFFILIATES, CONDITIONSUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE RE- XXXXXXX THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET ANY USER'S REQUIREMENTS. USE OF THE SOFTWARE IS AT YOUR SOLE RISK. ADILES, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE QUALITY OF ANY MATERIAL AND/OR DATA DOWNLOADED THROUGH, OR MATERIAL AND/OR DATA RECORDED, PLAYED BACK OR EDITED (AS APPLICABLE) WITH, THE EQUIPMENT OR ANY UNIT THEREOFUSE OF THE SOFTWARE. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH USE OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; MATERIAL OBTAINED AND/OR DATA DOWNLOADED THROUGH, OR MATERIAL AND/OR DATA RECORDED, PLAYED BACK OR EDITED (AS APPLICABLE) WITH, THE SOFTWARE IS AT YOUR OWN DISCRETION AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”RISK. LESSOR SHALL NOT YOU WILL BE LIABLE TO LESSEE SOLELY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY DAMAGE TO YOU RESULTING FROM THE USE OR MAINTENANCE THEREOF, OR BY OF THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORSOFTWARE.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT WE PROVIDE THE MANUFACTURER SERVICES AND SWIFTER IP “AS IS” AND “AS AVAILABLE”, WITHOUT ANY EXPRESS, IMPLIED, OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR STATUTORY WARRANTIES OF WHATSOEVER NATURETITLE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYMERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITYNONINFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY OR GUARANTEE. NO DATA, DOCUMENTATION OR ANY OTHER INFORMATION PROVIDED BY SWIFTER OR OBTAINED BY YOU FROM OR THROUGH THE SERVICES – WHETHER FROM SWIFTER OR ANOTHER SWIFTER ENTITY, AND WHETHER ORAL OR WRITTEN – CREATES OR IMPLIES ANY WARRANTY FROM A SWIFTER ENTITY TO YOU. YOU AFFIRM THAT NO SWIFTER ENTITY CONTROLS THE PRODUCTS OR SERVICES THAT YOU OFFER OR SELL OR THAT YOUR CUSTOMERS PURCHASE USING THE PAYMENT PROCESSING SERVICES. YOU UNDERSTAND THAT WE CANNOT GUARANTEE AND WE DISCLAIM ANY KNOWLEDGE THAT YOUR CUSTOMERS POSSESS THE AUTHORITY TO MAKE, OR WILL COMPLETE, ANY TRANSACTION. THE SWIFTER ENTITIES DISCLAIM ANY KNOWLEDGE OF, AND DO NOT GUARANTEE: (a) THE ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY DATA PROVIDED THROUGH THE SERVICES; (b) THAT THE SERVICES WILL MEET YOUR SPECIFIC BUSINESS NEEDS OR REQUIREMENTS; (c) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; (d) THAT SWIFTER WILL CORRECT ANY DEFECTS OR ERRORS IN THE SERVICES, API, DOCUMENTATION, OR DATA; OR (e) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. USE OF DATA YOU ACCESS OR DOWNLOAD THROUGH THE SERVICES IS DONE AT YOUR OWN RISK – YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM SUCH ACCESS OR DOWNLOAD. YOU UNDERSTAND THAT THE SWIFTER ENTITIES MAKE NO GUARANTEES TO YOU REGARDING TRANSACTION PROCESSING TIMES OR PAYOUT SCHEDULES. NOTHING IN THIS AGREEMENT OPERATES TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY IMPLIED CONDITION, WARRANTY OR QUALITY OF GUARANTEE, OR THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH EXERCISE OF ANY EQUIPMENT WARRANTY RIGHT OR REMEDY, OR THE IMPOSITION OF ANY KIND WHATSOEVERLIABILITY UNDER LAW WHERE TO DO SO WOULD: (A) CONTRAVENE THAT LAW; AND WITH RESPECT OR (B) CAUSE ANY TERM OF THIS AGREEMENT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORVOID.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND IDS MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYWARRANTIES, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USESUCCESS OF THE SHOWHOUSE AND IDS EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF QUALITY, MERCHANTABILITY, CONDITIONAND FITNESS FOR A PARTICULAR PURPOSE, OF PARTICIPATION IN THE SHOWHOUSE. FURTHERMORE, DESIGNER EXPRESSLY RELEASES IDS FROM ANY LIABILITY, WHETHER IN CONTRACT, TORT, BY STATUTE, OR QUALITY UNDER ANY OTHER THEORY OF THE EQUIPMENT RECOVERY, INCLUDING NEGLIGENCE, OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOROTHERWISE, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSSINDIRECT, DAMAGEINCIDENTAL, PUNITIVE OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDERCONSEQUENTIAL DAMAGES (INCLUDING, OR BY THE USE OR MAINTENANCE THEREOFBUT NOT LIMITED TO, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDERBUSINESS INTERRUPTION, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY LOST PROFITS OR LOSS OF A MANUFACTURER USE), ARISING OUT OF OR LICENSOR OR SELLER RELATING TO THIS AGREEMENT. DESIGNER HEREBY EXPRESSLY ACKNOWLEDGES AND AGREES THAT EXCEPT FOR CLAIMS FOR PERSONAL INJURY (INCLUDING DEATH), OR TANGIBLE PROPERTY DAMAGE RESULTING FROM IDS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IDS' ENTIRE LIABILITY TO DESIGNER UNDER THIS AGREEMENT SHALL BE LIMITED TO THE EQUIPMENT SUM OF ONE HUNDRED DOLLARS ($100.00), PROVIDED THAT MAY DESIGNER PROVIDES WRITTEN NOTICE OF THE DETAILS OF SUCH CLAIM TO IDS WITHIN ONE (1) YEAR OF THE DATE THAT DESIGNER KNEW OR SHOULD HAVE BEEN GIVEN TO LESSORKNOWN OF SUCH CLAIM.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR THE ENTIRE AGREEMENT AMONG THE SELLERS AND BUYER WITH RESPECT TO THE PREMISES AND THE PERSONAL PROPERTY AND THE SALE THEREOF IS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE DEPOSIT ESCROW AGREEMENT. THE PARTIES ARE NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO BOUND BY ANY AGREEMENTS, UNDERSTANDINGS, PROVISIONS, CONDITIONS, REPRESENTATIONS OR WARRANTIES (WHETHER WRITTEN OR ORAL AND WHETHER MADE BY ANY SELLER OR ANY AGENT, EMPLOYEE OR PRINCIPAL OF WHATSOEVER NATUREANY SELLER OR ANY OTHER PARTY) OTHER THAN AS ARE EXPRESSLY SET FORTH AND STIPULATED IN THIS AGREEMENT OR ANY OTHER DOCUMENT EXECUTED BY SELLER AND DELIVERED IN CONNECTION WITH THE CLOSING. WITHOUT IN ANY MANNER LIMITING THE GENERALITY OF THE FOREGOING, DIRECTLY BUYER ACKNOWLEDGES THAT IT AND ITS REPRESENTATIVES HAVE FULLY INSPECTED THE PREMISES, THE PERSONAL PROPERTY, THE EXISTING LEASES AND EXISTING AGREEMENTS, OR INDIRECTLYWILL BE PROVIDED WITH AN ADEQUATE OPPORTUNITY TO DO SO, EXPRESS ARE OR IMPLIEDWILL BE FULLY FAMILIAR WITH THE FINANCIAL AND PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION THEREOF, AND THAT THE PREMISES, THE PERSONAL PROPERTY, THE EXISTING LEASES AND EXISTING AGREEMENTS HAVE BEEN OR WILL BE PURCHASED BY BUYER IN AN “AS IS” AND “WHERE IS” CONDITION AND WITH ALL EXISTING DEFECTS (PATENT AND LATENT) AS A RESULT OF SUCH INSPECTIONS AND INVESTIGATIONS AND NOT IN RELIANCE ON ANY AGREEMENT, UNDERSTANDING, CONDITION, WARRANTY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) OR REPRESENTATION MADE BY ANY SELLER OR ANY AGENT, EMPLOYEE OR PRINCIPAL OF ANY SELLER OR ANY OTHER PARTY (EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ELSEWHERE IN THIS AGREEMENT OR ANY OTHER DOCUMENT EXECUTED BY BUYER AND DELIVERED IN CONNECTION WITH THE CLOSING) AS TO THE FINANCIAL OR PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION OF THE PREMISES OR THE PERSONAL PROPERTY OR THE AREAS SURROUNDING THE PREMISES, OR AS TO ANY OTHER MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, AS TO ANY PERMITTED USE THEREOF, THE ZONING CLASSIFICATION THEREOF OR COMPLIANCE THEREOF WITH FEDERAL, STATE OR LOCAL LAWS, AS TO THE SUITABILITYINCOME OR EXPENSE IN CONNECTION THEREWITH, DURABILITYOR AS TO ANY OTHER MATTER IN CONNECTION THEREWITH. BUYER ACKNOWLEDGES THAT, FITNESS FOR USEEXCEPT AS OTHERWISE EXPRESSLY ELSEWHERE PROVIDED IN THIS AGREEMENT OR ANY OTHER DOCUMENT EXECUTED BY SELLER AND DELIVERED IN CONNECTION WITH THE CLOSING, MERCHANTABILITYNONE OF THE SELLERS, NOR ANY AGENT OR EMPLOYEE OF ANY OR ALL OF SELLERS, NOR ANY OTHER PARTY ACTING ON BEHALF OF ANY OR ALL SELLERS HAS MADE OR SHALL BE DEEMED TO HAVE MADE ANY SUCH AGREEMENT, CONDITION, REPRESENTATION OR QUALITY WARRANTY EITHER EXPRESSED OR IMPLIED AND THAT BUYER ASSUMES THE RISK THAT ADVERSE PHYSICAL, ENVIRONMENTAL, ECONOMIC OR LEGAL CONDITIONS MAY NOT HAVE BEEN REVEALED BY BUYER’S INVESTIGATION. THIS SECTION SHALL SURVIVE THE CLOSINGS AND DELIVERY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES DEEDS, AND SHALL BE DEEMED INCORPORATED BY REFERENCE AND MADE A PART OF ALL RIGHT DOCUMENTS DELIVERED BY EACH OF SELLERS TO MAKE CLAIM AGAINST LESSOR FOR BREACH BUYER IN CONNECTION WITH THE SALE OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; THE PREMISES AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORPERSONAL PROPERTY.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT TO THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND EXTENT PERMITTED BY APPLICABLE LAW, WEWORK MAKES NO REPRESENTATIONS WARRANTY, GUARANTEE, OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLYREPRESENTATION, EXPRESS OR IMPLIED, AS THAT THE TECH SERVICE WILL BE FREE OF INTERRUPTIONS OR THAT ALL VULNERABILITIES, INCLUDING SECURITY THREATS AND BREACHES, WILL BE DETECTED OR THAT THE PERFORMANCE OF THE TECH SERVICES WILL PROTECT FROM OR AVOID MEMBER COMPANY’S SYSTEMS FROM ANY VULNERABILITY, INCLUDING SECURITY THREATS AND BREACHES. THE TECH SERVICE WILL BE PROVIDED AS-IS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. TO THE SUITABILITYEXTENT PERMITTED BY APPLICABLE LAW (A) THERE IS NO WARRANTY OF MERCHANTABILITY, DURABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT AND NO WARRANTY OF ANY KIND WHATSOEVER; KIND, EXPRESS OR IMPLIED REGARDING THIRD PARTY SERVICES, AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL WE ARE NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT RESPONSIBLE IN ANY WAY IMPLYING FOR THE CONTENT OF ANY LINKS, PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY THIRD PARTY SERVICES; AND (B) WEWORK MAKES NO WARRANTY THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN ADVICE GIVEN TO LESSORMEMBER COMPANY CONSTITUTES PROFESSIONAL ADVICE, NOR SHOULD IT BE RELIED ON AS SUCH.

No Warranties. LESSEE ACKNOWLEDGES THE SOFTWARE AND SERVICES ARE PROVIDED TO YOU AND ALL AUTHORIZED USERS "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INFINITI, ON ITS OWN BEHALF AND ON BEHALF OF ITS PARENT, AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, AND WARRANTIES THAT LESSOR IS NOT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE MANUFACTURER FOREGOING, INFINITI PROVIDES NO WARRANTY OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE UNDERTAKING, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY REPRESENTATION OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSORTHAT THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT ACHIEVE ANY INTENDED RESULTS, BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGECOMPATIBLE, OR EXPENSE OF WORK WITH ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDEROTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR BY THE USE SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR MAINTENANCE THEREOFRELIABILITY STANDARDS OR BE ERROR FREE, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER ERRORS OR LICENSOR DEFECTS CAN OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORWILL BE CORRECTED.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNLESS OTHERWISE AGREED TO BY OMNIBOARD IN A SIGNED WRITING, THE OMNIBOARD SOLUTION (INCLUDING WITHOUT LIMITATION THE MAVERICK HARDWARE) IS PROVIDED “AS-IS” AND NEITHER OMNIBOARD NOR ITS AFFILIATES OR SUPPLIERS MAKE, AND USER DOES NOT RECEIVE, ANY WARRANTY (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE MANUFACTURER OMNIBOARD SOLUTION, THE BACKGROUND DATA OR LICENSOR ANY USE OF OR INABILITY TO USE THE EQUIPMENTOMNIBOARD SOLUTION. LESSEE AGREES THAT LESSOR HAS NOT MADE OMNIBOARD AND MAKES NO REPRESENTATIONS OR ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYMERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE, MERCHANTABILITYDESIGN, CONDITION, CAPACITY, PERFORMANCE, TITLE, ACCURACY, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. USER UNDERSTANDS AND ACKNOWLEDGES THAT NEITHER OMNIBOARD NOR ITS AFFILIATES OR QUALITY SUPPLIERS WARRANT THAT THE OMNIBOARD SOLUTION OR THE BACKGROUND DATA WILL MEET USER’S REQUIREMENTS, OR THAT THE OPERATION OF THE EQUIPMENT OMNIBOARD SOLUTION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL SOFTWARE ERRORS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OMNIBOARD, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR OTHER AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY UNIT THEREOFNEW WARRANTIES. LESSEE SPECIFICALLY WAIVES ALL RIGHT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO A PORTION OF THE ABOVE EXCLUSION MAY NOT APPLY TO MAKE CLAIM AGAINST LESSOR USER. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY OF THE OMNIBOARD SOLUTION. THIS WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. NEITHER OMNIBOARD NOR ITS AFFILIATES OR SUPPLIERS MAKES ANY REPRESENTATION THAT USE OF THE OMNIBOARD SOLUTION IS APPROPRIATE OR AVAILABLE FOR BREACH USE IN LOCATIONS OUTSIDE OF THE UNITED STATES OR WHERE IT IS ILLEGAL OR PROHIBITED BY LAW. The Omniboard Solution is not warranted to operate without failure. The Omniboard Solution should only be incorporated in systems designed with appropriate redundancy, fault tolerance or back-up features. Accordingly, the Omniboard Solution is not intended to be used, or appropriate to be used, in life support systems or other applications where failure could cause injury or loss of life. Therefore, if you decide to use the Omniboard in connection with such applications, you assume all risk of such use and agree to indemnify and hold harmless Omniboard, its officers, directors and affiliates against from any liabilities, claims, damages, costs and expenses (including without limitation reasonable attorney’s fees) which arise from such use. THE LIMITATIONS IN THIS SECTION 5.1 SHALL APPLY NOTWITHSTANDING ANY FAILURE OF AN ESSENTIAL PURPOSE OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORLIMITED REMEDY PROVIDED HEREIN.

No Warranties. LESSEE ACKNOWLEDGES THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, AND WARRANTIES THAT LESSOR IS NOT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE MANUFACTURER FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE UNDERTAKING, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY REPRESENTATION OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSORTHAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE’S REQUIREMENTS, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT ACHIEVE ANY INTENDED RESULTS, BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGECOMPATIBLE, OR EXPENSE OF WORK WITH ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDEROTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR BY THE USE SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR MAINTENANCE THEREOFRELIABILITY STANDARDS OR BE ERROR FREE, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER ERRORS OR LICENSOR DEFECTS CAN OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORWILL BE CORRECTED.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR THE ENTIRE AGREEMENT BETWEEN THE SELLER AND PURCHASER WITH RESPECT TO THE PROPERTY AND THE SALE THEREOF IS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE DOCUMENTS DELIVERED BY SELLER AT CLOSING. THE PARTIES ARE NOT THE MANUFACTURER OR LICENSOR OF THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO BOUND BY ANY AGREEMENTS, UNDERSTANDINGS, PROVISIONS, CONDITIONS, REPRESENTATIONS OR WARRANTIES (WHETHER WRITTEN OR ORAL AND WHETHER MADE BY SELLER OR ANY AGENT, EMPLOYEE, MEMBER, OFFICER OR PRINCIPAL OF WHATSOEVER NATURESELLER OR ANY OTHER PARTY) OTHER THAN AS ARE EXPRESSLY SET FORTH AND STIPULATED IN THIS AGREEMENT AND THE DOCUMENTS DELIVERED BY SELLER AT CLOSING. WITHOUT IN ANY MANNER LIMITING THE GENERALITY OF THE FOREGOING, DIRECTLY PURCHASER ACKNOWLEDGES THAT THE CONSUMMATION OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT SHALL SIGNIFY THAT PURCHASER AND IT AND ITS REPRESENTATIVES HAVE FULLY INSPECTED THE PROPERTY, THE TENANT LEASES AND MISCELLANEOUS AGREEMENTS AND ARE FULLY FAMILIAR WITH THE FINANCIAL AND PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION THEREOF, AND THAT EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT AND THE DOCUMENTS DELIVERED BY SELLER AT CLOSING, THE PROPERTY, THE TENANT LEASES AND MISCELLANEOUS AGREEMENTS WILL BE PURCHASED BY PURCHASER IN AN “AS IS” AND “WHERE IS” CONDITION AND WITH ALL EXISTING DEFECTS (PATENT AND LATENT) AS A RESULT OF SUCH INSPECTIONS AND INVESTIGATIONS AND NOT IN RELIANCE ON ANY AGREEMENT, UNDERSTANDING, CONDITION, WARRANTY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF HABITABILITY, MERCHANTABILITY OR INDIRECTLYFITNESS FOR A PARTICULAR PURPOSE) OR REPRESENTATION MADE BY SELLER OR ANY AGENT, EXPRESS EMPLOYEE, MEMBER, OFFICER OR IMPLIEDPRINCIPAL OF SELLER OR ANY OTHER PARTY (EXCEPT FOR REPRESENTATIONS EXPRESSLY PROVIDED IN THIS AGREEMENT AND THE DOCUMENTS DELIVERED BY SELLER AT CLOSING) AS TO THE FINANCIAL OR PHYSICAL (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL) CONDITION OF Exhibit A-12 THE PROPERTY OR THE AREAS SURROUNDING THE PROPERTY, OR AS TO ANY OTHER MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, AS TO ANY PERMITTED USE THEREOF, THE ZONING CLASSIFICATION THEREOF OR COMPLIANCE THEREOF WITH FEDERAL, STATE OR LOCAL LAWS, AS TO THE SUITABILITYINCOME OR EXPENSE IN CONNECTION THEREWITH, DURABILITYOR AS TO ANY OTHER MATTER IN CONNECTION THEREWITH. PURCHASER ACKNOWLEDGES THAT, FITNESS FOR USEEXCEPT AS OTHERWISE EXPRESSLY ELSEWHERE PROVIDED IN THIS AGREEMENT, MERCHANTABILITYNEITHER SELLER, NOR ANY AGENT, MEMBER, OFFICER, EMPLOYEE OR PRINCIPAL OF SELLER NOR ANY OTHER PARTY ACTING ON BEHALF OF SELLER HAS MADE OR SHALL BE DEEMED TO HAVE MADE ANY SUCH AGREEMENT, CONDITION, REPRESENTATION OR QUALITY WARRANTY EITHER EXPRESSED OR IMPLIED. THIS SECTION 8.1 SHALL SURVIVE CLOSING AND DELIVERY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES DEED, AND SHALL BE DEEMED INCORPORATED BY REFERENCE AND MADE A PART OF ALL RIGHT DOCUMENTS DELIVERED BY SELLER TO MAKE CLAIM AGAINST LESSOR FOR BREACH PURCHASER IN CONNECTION WITH THE SALE OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORPROPERTY.

No Warranties. LESSEE ACKNOWLEDGES EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT LESSOR YOUR USE OF EBANKING IS NOT AT YOUR SOLE RISK AND THAT EBANKING AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE MANUFACTURER WEBSITE OR LICENSOR OF MOBILE APP, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT, UNLESS OTHERWISE STATED ON THE EQUIPMENTWEBSITE, IN THE MOBILE APP, OR IN ANY APPLICABLE AGREEMENT, WE MAKE NO WARRANTY THAT (I) EBANKING WILL MEET YOUR REQUIREMENTS; (II) EBANKING WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) EBANKING WILL PROVIDE ACCURATE OR RELIABLE RESULTS; OR (IV) ANY ERRORS IN EBANKING WILL BE CORRECTED. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITYFULLEST EXTENT PERMITTED BY LAW, DURABILITYWE DISCLAIM ALL REPRESENTATIONS, FITNESS FOR USE, MERCHANTABILITY, CONDITION, OR QUALITY OF THE EQUIPMENT OR ANY UNIT THEREOF. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY WARRANTIES AND CONDITIONS OF ANY KIND WHATSOEVER; (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND WITH RESPECT FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO LESSOREBANKING AND ALL INFORMATION, LESSEE LEASES EQUIPMENT “AS IS”PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE WEBSITE OR MOBILE APP. LESSOR SHALL NOT BE LIABLE NO LICENSE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT YOU IS IMPLIED IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORTHESE DISCLAIMERS.

No Warranties. LESSEE ACKNOWLEDGES CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT LESSOR IS NOT THE MANUFACTURER OR LICENSOR ALL USE OF THE EQUIPMENT. LESSEE AGREES SOFTWARE IS AT CUSTOMER'S SOLE RISK AND THAT LESSOR HAS NOT MADE THE SOFTWARE IS PROVIDED "AS IS" AND MAKES "AS AVAILABLE." MIRANTIS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO REPRESENTATIONS OR EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SOFTWARE, INCLUDING IMPLIED WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITYMERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE AND NON- INFRINGEMENT, MERCHANTABILITYTOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, CONDITIONWHETHER ORAL OR WRITTEN, OBTAINED FROM MIRANTIS OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MIRANTIS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) CUSTOMER'S USE OF THE SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS, OR QUALITY (B) CUSTOMER'S USE OF THE EQUIPMENT SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ANY UNIT THEREOFFREE FROM ERROR. LESSEE SPECIFICALLY WAIVES ALL RIGHT TO MAKE CLAIM AGAINST LESSOR NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT MIRANTIS'S WARRANTY OR LIABILITY FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSOR, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL LOSSES WHICH MAY NOT BE LIABLE TO LESSEE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR ANY LOSSUSE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, DAMAGEINCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR EXPENSE OF ANY KIND COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDER, OR BY THE USE OR MAINTENANCE THEREOF, OR BY THE REPAIRS, SERVICE OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT THAT MAY HAVE BEEN GIVEN TO LESSORWEAPONS SYSTEMS.

No Warranties. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR LICENSOR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EQUIPMENT. LESSEE AGREES THAT LESSOR HAS NOT MADE AND MAKES NO REPRESENTATIONS OR FULLEST EXTENT PERMITTED BY LAW, THE eLIFE ENTITIES DISCLAIM ALL WARRANTIES OF WHATSOEVER NATUREANY KIND, DIRECTLY OR INDIRECTLY, WHETHER EXPRESS OR IMPLIED, AS RELATING TO THE SUITABILITYSERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, DURABILITYINCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE eLIFE ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE eLIFE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, MERCHANTABILITYACCESS, CONDITIONDOWNLOAD, OR QUALITY OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE EQUIPMENT SERVICE OR ANY UNIT THEREOFTHE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. LESSEE SPECIFICALLY WAIVES ALL RIGHT Limitation of Liability TO MAKE CLAIM AGAINST LESSOR FOR BREACH OF ANY EQUIPMENT WARRANTY OF ANY KIND WHATSOEVER; AND WITH RESPECT TO LESSORTHE FULLEST EXTENT PERMITTED BY LAW, LESSEE LEASES EQUIPMENT “AS IS”. LESSOR SHALL NOT IN NO EVENT WILL THE eLIFE ENTITIES BE LIABLE TO LESSEE YOU FOR ANY LOSSINDIRECT, DAMAGEINCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR EXPENSE ANY OTHER INTANGIBLE LOSS) ARISING OUT OF ANY KIND OR NATURE CAUSED DIRECTLY RELATING TO YOUR ACCESS TO OR INDIRECTLY BY ANY EQUIPMENT LEASED HEREUNDERUSE OF, OR BY YOUR INABILITY TO ACCESS OR USE, THE USE SERVICE OR MAINTENANCE THEREOFANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY eLIFE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS PROVIDED IN THESE TERMS, THE REPAIRS, SERVICE AGGREGATE POTENTIAL LIABILITY OF THE eLIFE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR ADJUSTMENT THERETO OR ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEROF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATESOEVER AND HOWSOEVER CAUSED WITHOUT IN ANY WAY IMPLYING THAT ANY SUCH WARRANTY EXISTS AND WITHOUT INCREASING ITS LIABILITY HEREUNDER, TO ASSIGN TO LESSEE UPON LESSEE’S REQUEST THEREFOR ANY WARRANTY OF A MANUFACTURER OR LICENSOR OR SELLER RELATING TO THE EQUIPMENT USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100. EACH PROVISION OF THESE TERMS THAT MAY HAVE BEEN GIVEN PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO LESSORAND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.