Common use of Performance Exclusions Clause in Contracts

Performance Exclusions. 5.1 SONIFI’s obligations under this SONIFI Limited Warranty with respect to Licensed Software, Equipment purchased from an Approved Third-Party Financing Company, if any, and Equipment SONIFI has sold to Company or installed at the Premises, shall not apply to: (i) products and services purchased or licensed from or provided by third parties and equipment, hardware or software purchased or licensed from or installed by any person or entity other than SONIFI (except for Equipment purchased from the Approved Third-Party Financing Company), such as televisions, set-top boxes, and set-back devices; (ii) misuse; (iii) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (iv) adjustments made by Company or a third party without SONIFI’s authorization; (v) limitations of technology; (vi) modification of any part of the Equipment or Licensed Software by Company, the Premises or their respective owners, directors, partners, members, officers, employees, contractors, agents, invitees and guests; (vii) cosmetic damage; (viii) use or installation inconsistent with SONIFI documentation and instruction; (ix) use of parts or peripherals not recommended or approved by SONIFI; (x) damage caused by servicing not authorized by SONIFI; (xi) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware or cancelbots; (xii) cable cuts caused by third parties, the Company and/or its directors, officers, employees, agents, contractors, affiliates, invitees or guests; (xiii) changes in Company equipment at the Premises, such as televisions or the property management system; (xiv) any damage, problem or defect caused by Company’s movement or replacement of televisions or terminal devices; (xv) firmware updates for Internet routers, wireless access points, televisions, set-top boxes and set-back devices; (xvi) any damage, problem, defect, Equipment modification, Equipment upgrade or hardware addition necessitated or caused by Company’s remodeling, reduction or addition of guest rooms; (xvii) FTG Programming channel line-up management and changes; (xviii) repair and programming of remote controls, including without limitation, battery replacement; (xix) changes to Company’s or the Premises’ name and any and all changes to Company’s Internet service and/or Internet circuit provider(s); (xx) failure of Company directors, officers, employees, agents, contractors and/or subcontractors to communicate with and follow the instructions of TAC and SONIFI service personnel; (xxi) public area televisions and related video programming and content; (xxii) verifying high-speed Internet access data transmission availability and data speed, and all labor and parts for high-speed Internet access hardware; (xxiii) any damage, problem, defect, Equipment modification, Equipment upgrade or hardware addition caused by Internet circuit conversions at the Premises; and

Performance Exclusions. 5.1 7.1 SONIFI’s obligations under this SONIFI Limited Warranty with respect to Licensed Licenced Software, Equipment purchased from an Approved Third-Party Financing Company, if any, and Equipment SONIFI has sold to Company or installed at the Premises, including Covered Equipment, shall not apply to: (i) products and services purchased or licensed licenced from or provided by third parties and equipment, hardware or software purchased or licensed licenced from or installed by any person or entity other than SONIFI (except for Equipment purchased from the Approved Third-Party Financing Company), such as televisions, set-top boxes, boxes and set-back devices; (ii) misuse; (iii) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (iv) adjustments made by Company or a third party without SONIFI’s authorization; (v) limitations of technology; (vi) modification of any part of the Equipment or Licensed Licenced Software by Company, the Premises or and their respective owners, directors, partners, members, officers, employees, contractors, agents, invitees agents and guests; (vii) cosmetic damage; (viii) use or installation inconsistent with SONIFI documentation and instruction; (ix) use of parts or peripherals not recommended or approved by SONIFI; (x) damage caused by servicing not authorized by SONIFI; (xi) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware or cancelbots; (xii) cable cuts caused by third parties, the Company and/or its directors, officers, employees, agents, contractors, affiliates, invitees affiliates or guests; (xiii) changes in Company equipment at the Premises, such as televisions or the property management system; (xiv) any damage, problem or defect caused by Company’s movement or replacement of televisions or terminal devices; (xv) firmware updates for Internet routers, wireless access points, televisions, set-top boxes and set-back devices; (xvi) any damage, problem, defect, Equipment modification, Equipment upgrade or hardware addition necessitated or caused by Company’s remodeling, reduction or addition of guest rooms; (xvii) FTG Programming channel line-up management and changes; (xviii) repair and programming of remote controls, including without limitation, battery replacement; (xixxviii) changes to Company’s or the Premises’ name and any and all changes to Company’s Internet service and/or Internet circuit provider(s); (xxxix) failure of Company directors, officers, employees, agents, contractors and/or subcontractors to communicate with and follow the instructions of TAC and SONIFI service personnel; (xxixx) public area televisions and related video programming and content; (xxiixxi) verifying high-speed Internet access data transmission availability and data speed, and all labor and parts for high-speed Internet access hardware; (xxiii) any damage, problem, defect, Equipment modification, Equipment upgrade or hardware addition caused by Internet circuit conversions at the Premises; and;

Performance Exclusions. 5.1 7.1 SONIFI’s obligations under this SONIFI Limited Warranty with respect to Licensed Software, Equipment purchased from an Approved Third-Party Financing Company, if any, and Equipment SONIFI has sold to Company or installed at the Premises, including Covered Equipment, shall not apply to: (i) products and services purchased or licensed from or provided by third parties and equipment, hardware or software purchased or licensed from or installed by any person or entity other than SONIFI (except for Equipment purchased from the Approved Third-Party Financing Company), such as televisions, set-top boxes, boxes and set-back devices; (ii) misuse; (iii) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (iv) adjustments made by Company or a third party without SONIFI’s authorization; (v) limitations of technology; (vi) modification of any part of the Equipment or Licensed Software by Company, the Premises or and their respective owners, directors, partners, members, officers, employees, contractors, agents, invitees agents and guests; (vii) cosmetic damage; (viii) use or installation inconsistent with SONIFI documentation and instruction; (ix) use of parts or peripherals not recommended or approved by SONIFI; (x) damage caused by servicing not authorized by SONIFI; (xi) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware or cancelbots; (xii) cable cuts caused by third parties, the Company and/or its directors, officers, employees, agents, contractors, affiliates, invitees affiliates or guests; (xiii) changes in Company equipment at the Premises, such as televisions or the property management system; (xiv) any damage, problem or defect caused by Company’s movement or replacement of televisions or terminal devices; (xv) firmware updates for Internet routers, wireless access points, televisions, set-top boxes and set-back devices; (xvi) any damage, problem, defect, Equipment modification, Equipment upgrade or hardware addition necessitated or caused by Company’s remodeling, reduction or addition of guest rooms; (xvii) FTG Programming channel line-up management and changes; (xviii) repair and programming of remote controls, including without limitation, battery replacement; (xix) changes to Company’s or the Premises’ name and any and all changes to Company’s Internet service and/or Internet circuit provider(s); (xx) failure of Company directors, officers, employees, agents, contractors and/or subcontractors to communicate with and follow the instructions of TAC and SONIFI service personnel; (xxi) public area televisions and related video programming and content; (xxii) verifying high-speed Internet access data transmission availability and data speed, and all labor and parts for high-speed Internet access hardware; (xxiii) any damage, problem, defect, Equipment modification, Equipment upgrade or hardware addition caused by Internet circuit conversions at the Premises; andand (xxiv) all changes, modifications, updates or modifications to the STAYVIEW System necessitated or caused by events, acts or omissions that are beyond SONIFI’s control. 7.2 Notwithstanding anything to the contrary herein, SONIFI shall have no obligation to perform any repair, replacement and/or Update, or to correct any failure or other problem with Licensed Software, Equipment purchased from an Approved Third-Party Financing Company, if any, or Equipment it has sold to Company or installed at the Premises, including but not limited to Covered Equipment, to the extent that SONIFI determines such failure is directly or indirectly caused by (i) the acts or omissions of Company, its directors, officers, employees, agents, contractors, affiliates or guests, regardless of whether such acts or omissions are intentional, reckless, or negligent; (ii) vandalism, theft or willful or negligent acts or omissions of Company, or any of its directors, officers, employees, agents, contractors, affiliates or guests; (iii) Company’s failure to perform its obligations hereunder, including but not limited to following the site specifications in the SOW; (iv) Premises renovations; (v) acts or omissions of third parties, (vi) changes in Company vendors or other Company agents; or (vii) a Force Majeure Event. 7.3 If Company requests and SONIFI elects, in its sole discretion, to provide maintenance services required due to any of the aforementioned instances delineated in Subsections 7.1 or 7.2, Company shall promptly reimburse SONIFI for labor and travel, at SONIFI’s then current rate(s) set forth in the most recent SONIFI Rate Card available upon request to SONIFI or as made available at xxx.xxxxxx.xxx, plus the costs of all hardware, parts and components and all applicable taxes, shipping, freight and fees.

Performance Exclusions. 5.1 SONIFI’s obligations under this SONIFI Limited Warranty with respect to Licensed Licenced Software, Equipment purchased from an Approved Third-Party Financing Company, if any, and Equipment SONIFI has sold to Company or installed at the Premises, shall not apply to: (i) products and services purchased or licensed licenced from or provided by third parties and equipment, hardware or software purchased or licensed licenced from or installed by any person or entity other than SONIFI (except for Equipment purchased from the Approved Third-Party Financing Company), such as televisions, set-top boxes, and set-back devices; (ii) misuse; (iii) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (iv) adjustments made by Company or a third party without SONIFIXXXXXX’s authorization; (v) limitations of technology; (vi) modification of any part of the Equipment or Licensed Licenced Software by Company, the Premises or and their respective owners, directors, partners, members, officers, employees, contractors, agents, invitees agents and guests; (vii) cosmetic damage; (viii) use or installation inconsistent with SONIFI documentation and instruction; (ix) use of parts or peripherals not recommended or approved by SONIFI; (x) damage caused by servicing not authorized by SONIFI; (xi) damage caused by computer or Internet viruses, bugs, worms, Trojan horses, malware or cancelbots; (xii) cable cuts caused by third parties, the Company and/or its directors, officers, employees, agents, contractors, affiliates, invitees affiliates or guests; (xiii) changes in Company equipment at the Premises, such as televisions or the property management system; (xiv) any damage, problem or defect caused by Company’s movement or replacement of televisions or terminal devices; (xv) firmware updates for Internet routers, wireless access points, televisions, set-top boxes and set-back devices; (xvi) any damage, problem, defect, Equipment modification, Equipment upgrade or hardware addition necessitated or caused by Company’s remodeling, reduction or addition of guest rooms; (xvii) FTG Programming channel line-up management and changes; (xviii) repair and programming of remote controls, including without limitation, battery replacement; (xixxviii) changes to Company’s or the Premises’ name and any and all changes to Company’s Internet service and/or Internet circuit provider(s); (xxxix) failure of Company directors, officers, employees, agents, contractors and/or subcontractors to communicate with and follow the instructions of TAC and SONIFI service personnel; (xxixx) public area televisions and related video programming and content; (xxiixxi) verifying high-speed Internet access data transmission availability and data speed, and all labor and parts for high-speed Internet access hardware; (xxiiixxii) any damage, problem, defect, Equipment modification, Equipment upgrade or hardware addition caused by Internet circuit conversions at the Premises; andand (xxiii) all changes, modifications, updates or modifications to the STAYVIEW System necessitated or caused by events, acts or omissions that are beyond SONIFI’s control. 5.2 Notwithstanding anything to the contrary herein, SONIFI shall have no obligation to perform any repair, replacement and/or Update, or to correct any failure or other problem with Licenced Software, Equipment purchased from an Approved Third-Party Financing Company, if any, or Equipment it has sold to Company or installed at the Premises, to the extent that SONIFI determines such failure is directly or indirectly caused by (i) the acts or omissions of Company, its directors, officers, employees, agents, contractors, affiliates or guests, regardless of whether such acts or omissions are intentional, reckless, or negligent; (ii) vandalism, theft or willful or negligent acts or omissions of Company, or any of its directors, officers, employees, agents, contractors, affiliates or guests; (iii) Company’s failure to perform its obligations hereunder, including but not limited to following the site specifications in the SOW; (iv) Premises renovations; (v) acts or omissions of third parties, (vi) changes in Company vendors or other Company agents; or (vii) a Force Majeure Event 5.3 If Company requests and SONIFI elects, in its sole discretion, to provide maintenance services required due to any of the aforementioned instances delineated in Subsections 5.1 or 5.2, Company shall promptly reimburse SONIFI for labor and travel, at SONIFI’s then current rate(s) set forth in the most recent SONIFI Rate Card available upon request to SONIFI or as made available at xxx.xxxxxx.xxx, plus the costs of all hardware, parts and components and all applicable taxes, shipping, freight and fees.