Common use of Warranties Disclaimer Clause in Contracts

Warranties Disclaimer. Lessor warrants to Lessee that the Equipment, when delivered and set up and under normal use and regular service and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject to the foregoing warranty, but shall carry the applicable warranty of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor's normal working hours), at Lessor's option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor's facilities without prior written authorization from Lessor. THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTER. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, ALL EQUIPMENT AND SERVICES ARE BEING PROVIDED "AS IS", "WHERE IS, WITH ALL FAULTS". LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENT.

Warranties Disclaimer. Lessor 6.1 With respect to any FAFSA institutional student information records (ISIR) that may be shared pursuant to this Agreement, Recipient represents and warrants that: (a) Recipient is a Local Education Agency, Secondary School or Designated Entity that may lawfully receive student FAFSA ISIR Data; and (b) Recipient has an Established Relationship with the student as defined by federal law and guidelines (see exhibit B), including but not limited to Lessee the definition included in the Iowa College Aid participation agreement with the Department of Education authorizing the use of the Student Aid Internet Gateway (SAIG); and (c) Recipient has developed and implemented, and will maintain and use, reasonable and appropriate administrative, technical, and physical security measures to preserve the confidentiality, integrity, and availability of all data electronically maintained or transmitted pursuant to this Agreement. Recipient acknowledges that the Equipmentcivil and criminal sanctions under applicable Federal, when delivered and set up and under normal state or local laws for noncompliance with this requirement, in addition to constituting a breach of this Agreement; and (d) Recipient agrees to limit its use and regular service and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent of any normal use and operation. Accessories supplied by Lessor FAFSA data provided pursuant to this Agreement to purposes consistent with section 483(a)(3)(E) of the HEA, including but not owned by Lessor shall not be subject to the foregoing warranty, but shall carry the applicable warranty of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair purposes specified in the Iowa College Aid participation agreement with the Department of Education authorizing the use of the defective Equipment SAIG. 6.2 Each Party warrants that it (during Lessor's normal working hours)a) is a validly formed entity in good standing under the laws of the state of its organization; (b) has obtained all licenses, at Lessor's optionregistrations and approvals necessary to perform pursuant to this Agreement, and that the individual(s) signing the Agreement are authorized to do so; providedand (c) will comply with all laws, howeverstatutes, that Lessee shall provide written notice ordinances, rules and regulations applicable to its performance under this Agreement. 6.3 Except as expressly provided herein, the confidential information and data is provided “as is” and without warranty of any failure kind. The disclosing party expressly disclaims all warranties in respect thereof, whether express or defect to Lessor within four (4) days after discoveryimplied, and within the applicable warranty periodincluding, and failure to provide such notice in but not limited to, any implied warranties of merchantability or fitness for a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor's facilities without prior written authorization from Lessor. THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTER. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, ALL EQUIPMENT AND SERVICES ARE BEING PROVIDED "AS IS", "WHERE IS, WITH ALL FAULTS". LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENTparticular purpose.

Warranties Disclaimer. Lessor 10.1. Each party represents and warrants to Lessee that the Equipment, when other that: (a) this Agreement has been duly executed and delivered and set up constitutes a valid and under normal use binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and regular service (c) the execution, delivery, and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to performance of this Agreement but does not owned violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by Lessor shall not be subject to the foregoing warrantywhich it is otherwise bound. 10.2. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION 10, but shall carry the applicable warranty of the Accessory ownerXXXXXX MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment IMPLIED (during Lessor's normal working hoursEITHER IN FACT OR BY OPERATION OF LAW), at Lessor's option; providedOR STATUTORY, howeverAS TO ANY MATTER WHATSOEVER. ZIVVER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor's facilities without prior written authorization from Lessor. THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY A PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO QUALITY, ACCURACY, TITLE, WARRANTIES ARISING FROM COURSE AND NON-INFRINGEMENT. XXXXXX DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTERTHE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, ALL EQUIPMENT AND ZIVVER DOES NOT WARRANT THAT THE SERVICES ARE BEING PROVIDED "ERROR-FREE OR THAT OPERATION OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, OR THAT CUSTOMER’S USE OF THE SERVICES SHALL RESULT IN ITS COMPLIANCE WITH REGULATORY REQUIREMENTS APPLICABLE TO ITS PLANS. ZIVVER EXERCISES NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING OUT OF OR BASED UPON CUSTOMER’S USE OF THE SERVICES. ZIVVER PROVIDES THE SERVICES ON AN ‘AS IS", "WHERE IS, WITH ALL FAULTS". LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE ’ BASIS AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENTIMPLEMENTATION ON AN BEST EFFORTS BASIS.

Warranties Disclaimer. Lessor warrants to Lessee that the Equipment, when delivered and set up and under normal use and regular service and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject to the foregoing warranty, but shall carry the applicable warranty of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor's normal working hours), at Lessor's option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor's facilities without prior written authorization from Lessor. RELIAQUEST PROVIDES THE EXPRESS RELIAQUEST PLATFORM AND ANY SOFTWARE PRODUCTS “AS IS” WITHOUT WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS INDEMNITIES OF ANY KIND. RELIAQUEST MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WHICH WITH RESPECT TO THE RELIAQUEST PLATFORM AND ANY SOFTWARE PRODUCTS INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. ANY WARRANTIES AND ANY ASSOCIATED REMEDIES EXPRESSED OR REFERENCED IN THIS AGREEMENT ARE EXCLUSIVE. NO OTHER WARRANTY, WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED BY RELIAQUEST OR ITS THIRD-PARTY SUPPLIERS OR MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING INFERRED FROM A COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTEROF TRADE. EXCEPT AS EXPRESSLY SET FORTH OTHERWISE PROVIDED IN THIS SECTIONAGREEMENT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, RELIAQUEST AND ITS THIRD-PARTY SUPPLIERS DISCLAIM ALL EQUIPMENT IMPLIED WARRANTIES OR CONDITIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND SERVICES ARE BEING PROVIDED "AS IS", "WHERE IS, WITH ALL FAULTS"NON-INFRINGEMENT. LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, NO ORAL OR WRITTENWRITTEN INFORMATION OR ADVICE OUTSIDE OF THIS AGREEMENT OR AN ORDER WILL BE DEEMED TO CREATE A WARRANTY OR IN ANY WAY INCREASE THE EXPRESS WARRANTIES AND REMEDIES IN THIS AGREEMENT. ANY EXPRESS WARRANTIES AND ANY WARRANTIES IMPLIED OR REQUIRED BY LAW THAT ARE NOT DISCLAIMED OR EXCLUDED ARE LIMITED TO THE REMEDIES SPECIFIED IN THIS AGREEMENT. CUSTOMER ACKNOWLEDGES, PAST UNDERSTANDS, AND AGREES THAT RELIAQUEST DOES NOT GUARANTEE OR PRESENTWARRANT THAT IT, THERETOOR THE RELIAQUEST PLATFORM (OR ITS COMPONENTS) OR SOFTWARE PRODUCTS WILL FIND, LOCATE, OR DISCOVER ANY OR ALL OF CUSTOMER’S OR ITS AFFILIATES’ SYSTEM THREATS, VULNERABILITIES, MALWARE, AND MALICIOUS SOFTWARE, AND CUSTOMER AND ITS AFFILIATES WILL NOT HOLD RELIAQUEST RESPONSIBLE FOR FAILURE TO DETECT SUCH ITEMS. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES NO WARRANTY IS MADE THAT LESSOR IS NOT A DESIGNER THE RELIAQUEST PLATFORM WILL MEET CUSTOMER’S NEEDS OR MANUFACTURER BE ERROR FREE OR UNINTERRUPTED. RELIAQUEST MAKES NO WARRANTIES REGARDING THE ACCURACY OF GREYMATTER, ANY RELIAQUEST MATERIALS, OR ANY SECURITY TOOL CONTENT, OR THE APPROPRIATENESS OF ANY EQUIPMENTSUCH ITEMS FOR ANY PARTICULAR SYSTEM.

Warranties Disclaimer. Lessor warrants Specific warranties applicable to Lessee that the Equipmenteach Service, when delivered and set up and under normal use and regular service and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject to the foregoing warranty, but shall carry the applicable warranty of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment (given, will apply only during Lessor's normal working hours), at Lessor's option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole optionService Term. If Lessee does not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor's facilities without prior written authorization from Lessor. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED SET FORTH IN THIS AGREEMENT THE AGREEMENT, THE SERVICES ARE LESSOR'S SOLE PROVIDED EXCLUSIVELY ON AN “AS IS” BASIS, AND EXCLUSIVE XXXXXX DISCLAIMS ANY AND ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES, INCLUDING WITHOUT LIMITATIONIMPLIED WARRANTIES OF MERCHANTABILITY, THE CONDITION OF THE EQUIPMENTQUALITY, ITS MERCHANTABILITY OR ITS PERFORMANCE, FITNESS FOR ANY A PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, NONINFRINGEMENT AND TITLE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR DEALING, USAGE OR TRADE PRACTICE. XXXXXX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ANY OTHER MATTERERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, ALL EQUIPMENT XXXXXX AND CUSTOMER ACKNOWLEDGE THAT THE SERVICES ARE BEING PROVIDED "AS IS"NOT AND CANNOT BE MADE TO BE 100% ACCURATE, "WHERE IS, WITH ALL FAULTS". LESSOR SPECIFICALLY DISCLAIMS AND THAT ANY WARRANTY, GUARANTY ERRORS OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, THERETOFAILURE TO PERFORM SHALL NOT BE DEEMED A BREACH OF ANY APPLICABLE SPECIFIC WARRANTY UNLESS THEY ARE SIGNIFICANT AND NOT TO BE EXPECTED IN LIGHT OF THE LIMITATIONS OF SERVICES OF THIS TYPE. XXXXXX HAS SELECTED DOES NOT WARRANT OR GUARANTEE ANY SPECIFIC RESULTS FROM CUSTOMER’S OR ITS CUSTOMER USERS’ USE OF THE SERVICES. AS BETWEEN THE PARTIES, CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL EQUIPMENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENTCUSTOMER DATA PROVIDED BY CUSTOMER IN CONNECTION WITH THE SERVICES.

Warranties Disclaimer. Lessor warrants to Lessee that the Equipment, when delivered and set up and A. Leiden shall not knowingly incorporate in any deliverable under normal use and regular service and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject to the foregoing warranty, but shall carry the applicable warranty of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor's normal working hours), at Lessor's option; provided, however, that Lessee shall provide written notice any intellectual property rights of any failure or defect to Lessor within four (4) days after discoverythird party. B. Except as expressly set forth in this Agreement, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor's facilities without prior written authorization from Lessor. THE EXPRESS NEITHER PARTY MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED EITHER EXPRESS OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT . THERE ARE NO EXPRESS OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONDITION IMPLIED WARRANTIES OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY A PARTICULAR PURPOSE, INCLUDING WITH RESPECT TO ANY WARRANTY AGAINST PROJECT INVENTION, RESEARCH PROGRAM IP, COMPOUNDS, SAMPLES, OR OTHER MATERIALS PROVIDED BY SPONSOR OR THAT SAME SHALL BE FREE OF INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR AS TO TITLEOTHER RIGHTS. C. To the extent permitted by applicable law, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTERa Party shall in no event be liable for any direct, indirect, consequential loss, damage, claim, demand and/or expense – of whatever nature – whether arising by way of a third party claim or otherwise – resulting from or in connection with the use and/or the exploitation of the Project Inventions and/or the Research Program IP by the other Party and its licensees and transferrees. D. Each Party (the “Indemnifying Party”) shall indemnify and hold harmless the other Party (the “Indemnified Party”) in respect of any loss, liability, damage, claim, cost, demand and/or expense arising or resulting from a claim brought by a third party and incurred or suffered by or imposed upon the Indemnified Party as a result of or in connection with the use and/or the exploitation of the Project Inventions and/or the Research Program IP by the Indemnifying Party and its licensees and transferrees (each a “Claim”). EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONThe Indemnified Party shall provide prompt written notice to the Indemnifying Party of the initiation of any Claim that may reasonably lead to the Indemnified Party’s claim for indemnification under this Section 12.D. Upon receipt of such notice, ALL EQUIPMENT AND SERVICES ARE BEING PROVIDED "AS IS"the Indemnifying Party shall have the right to assume the defence and settlement of such Claim, "WHERE ISprovided that it shall not settle any Claim without the Indemnified Party’s written consent (such consent not to be unreasonably withheld, WITH ALL FAULTS"conditioned or delayed). LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENTThe Indemnified Party shall cooperate with the Indemnifying Party in the defence of such Claim and provide assistance as may reasonably be required or requested by the Indemnifying Party.

Warranties Disclaimer. Lessor 10.1. Hexagon warrants to Lessee Customer during the Subscription Term that the Equipment, when delivered Services will comply with the material functionality described in the Materials. Customer’s sole and set up and under normal use and regular service and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject to the foregoing warranty, but shall carry the applicable warranty exclusive remedy for Hexagon’s breach of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited that Hexagon shall use commercially reasonable efforts to correct such errors or modify the replacement or repair Services to achieve the material functionality described in the Materials within a reasonable period of time. However, Hexagon shall have no obligation with respect to this warranty claim unless notified of such claim within (30) days of the defective Equipment (during Lessor's normal working hours)first material functionality problem. Further, at Lessor's option; provided, however, that Lessee Hexagon shall provide written notice of any failure or defect have no obligation with respect to Lessor within four (4) days after discoverythis warranty claim, and within Customer may not terminate the applicable warranty periodAgreement, where any alleged nonconformity is due to User error as reasonably determined by the Parties after investigation and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole optionanalysis by Hexagon. If Lessee Hexagon does not grant clearwarrant that the Services will be free of errors, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abusebugs, or repaired interruption, or altered outside of Lessor's facilities without prior written authorization from Lessorthat all such errors will be corrected. 10.2. EXCEPT AS OTHERWISE STATED IN SECTION 10.1 ABOVE, HEXAGON DOES NOT REPRESENT THAT CUSTOMER’S USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPED OR ERROR FREE, OR THAT THE SERVICES WILL MEET CUSTOMER REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICES AND/OR MATERIALS WILL BE CORRECTED OR THAT THE PLATFORM OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THE SERVICES WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY HEXAGON OR THE OPERATION OF THE SERVICES WILL BE SECURE OR THAT HEXAGON AND ITS AFFILIATES, AND THEIR THIRD PARTY SUPPLIERS AND SERVICE PROVIDERS, WILL BE ABLE TO PREVENT THIRD PARTIES FROM ACCESSING CUSTOMER DATA OR CUSTOMER’S CONFIDENTIAL INFORMATION, OR ANY ERRORS WILL BE CORRECTED OR ANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE. THE EXPRESS WARRANTIES CONTAINED STATED IN THIS AGREEMENT SECTION 10.1 ABOVE ARE LESSOR'S THE SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICESOFFERED BY HEXAGON. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED EXPRESS OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONDITION THOSE OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY A PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTER. EXCEPT AS EXPRESSLY SET FORTH STATED IN THIS SECTIONSECTION 10.1 ABOVE, ALL EQUIPMENT AND THE SERVICES ARE BEING PROVIDED "TO CUSTOMER ON AN “AS IS"” BASIS, "WHERE IS, WITH AND IS FOR COMMERCIAL USE ONLY. CUSTOMER ASSUMES ALL FAULTS". LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES OR REPRESENTATION, ORAL THE INFORMATION GENERATED THEREBY IS ACCURATE OR WRITTEN, PAST OR PRESENT, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT SUFFICIENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENTTHE CUSTOMER’S PURPOSE.

Warranties Disclaimer. Lessor warrants to Lessee a. Company acknowledges that it has inspected the EquipmentFacility, when delivered finds the Facility suitable for its use, and set up hereby accepts the Facility “AS IS” in the condition existing as of the date Company first enters upon and under normal use and regular service and maintenance by Lesseeuses the Facility, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject to all defects, hazards, and dangers of any kind whatsoever, whether known or unknown, or apparent, latent, or concealed, and further subject to all applicable federal, state, and local laws, ordinances, and regulations. Company hereby acknowledges that neither USC nor any representative of USC (i) has made any representation or warranty to Company as to the foregoing warranty, but shall carry the applicable warranty condition of the Accessory ownerFacility, which Lessor hereby assigns or the suitability of the Facility for Company’s purposes; or (ii) is under any obligation to Lessee inspect or prepare the Facility or to advise Company as to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair condition of the defective Equipment (during Lessor's normal working hours)Facility or the suitability of the Facility for Company’s purposes. b. EXCEPT AS OTHERWISE SET FORTH HEREIN, at Lessor's option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor's facilities without prior written authorization from Lessor. THE USC DISCLAIMS ANY AND ALL EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEESWARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY, PROMISES, AFFIRMATION OR REPRESENTATIONS OTHER EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. USC DOES NOT WARRANT THAT THE SERVICE WILL MEET COMPANY’S REQUIREMENTS, EXPRESSED THAT THE SERVICE WILL BE UNINTERRUPTED OR IMPLIEDERROR-FREE OR THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, WHICH MAY QUALITY, ACCURACY, PURPOSE OR NEED. IN NO EVENT WILL USC BE DEEMED APPLICABLE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY NATURE IN CONNECTION WITH, ARISING OUT OF OR RELATING TO THE EQUIPMENT THIS AGREEMENT (INCLUDING LOSS OF PROFITS, USE, DATA, OR SERVICESOTHER ECONOMIC ADVANTAGE), INCLUDING INCLUDING, WITHOUT LIMITATION, THE CONDITION ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY, OR OTHERWISE, EVEN IF USC HAS BEEN ADVISED OF THE EQUIPMENTPOSSIBILTY OF SUCH DAMAGES. ADDITIONALLY, ITS MERCHANTABILITY USC SHALL NOT BE LIABLE FOR DAMAGE TO COMPANY’S EQUIPMENT THAT IS LOCATED AT THE FACILITY, REGARDLESS OF THE CAUSE OF SUCH DAMAGE, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, LOSS WHATSOEVER OF COMPANY DUE TO ANY WARRANTY AGAINST INFRINGEMENT OR AS DISCONTINUED SERVICE PROVIDED FOR HEREIN. USC’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT BE IN EXCESS OF THE TOTAL AMOUNT PAID BY COMPANY TO TITLE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTER. EXCEPT AS EXPRESSLY SET FORTH USC IN THE PREVIOUS TWELVE MONTHS UNDER THIS SECTION, ALL EQUIPMENT AND SERVICES ARE BEING PROVIDED "AS IS", "WHERE IS, WITH ALL FAULTS". LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENTAGREEMENT.

Warranties Disclaimer. Lessor ServiceTitan warrants to Lessee that the EquipmentService will, when delivered during the term of your subscription, materially conform to any description of the Service published by ServiceTitan. As ServiceTitan’s sole and set up exclusive liability for breach of this limited warranty, and under normal use your sole and regular service exclusive remedy, ServiceTitan will make reasonable efforts to correct the non-conformity. You represent and maintenance by Lessee, shall be free from major defects in materials and workmanship warrant that: (a) you will not upload or request that prevent ServiceTitan import any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject information to the foregoing warranty, but shall carry the applicable warranty Service unless you have all permissions or licenses necessary to do so and to authorize ServiceTitan’s use of that information in accordance with this Agreement; and (b) your use of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor's normal working hours), at Lessor's option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does Service will not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend subject ServiceTitan to any Equipment subjected liability or cause ServiceTitan to improper applicationviolate any law, damaged by accident or abuserule, or repaired regulation or altered outside of Lessor's facilities without prior written authorization from Lessorguideline. THE EXPRESS SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SERVICETITAN DISCLAIMS ALL WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED WHETHER EXPRESS OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE RELATING TO THE EQUIPMENT OR SERVICESSERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATIONINCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON- INFRINGEMENT; AND (B) ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING FROM OUT OF COURSE OF DEALING DEALING, USAGE, OR USAGE OR TRADE TRADE. SERVICETITAN DOES 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 MATTERHARMFUL COMPONENTS, AND SERVICETITAN DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONNO ADVICE OR INFORMATION, ALL EQUIPMENT AND SERVICES ARE BEING PROVIDED "AS IS", "WHERE IS, WITH ALL FAULTS". LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, WHETHER ORAL OR WRITTEN, PAST OBTAINED BY YOU FROM THE SERVICE OR PRESENT, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES SERVICETITAN ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SERVICETITAN ENTITIES OR THE SERVICE THAT LESSOR IS NOT A DESIGNER EXPRESSLY STATED IN THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MANUFACTURER MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF ANY EQUIPMENTDATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. ServiceTitan does not disclaim any warranty or other right that ServiceTitan is prohibited from disclaiming under applicable law.

Warranties Disclaimer. Lessor Inspected warrants to Lessee that the EquipmentService will, when delivered during the term of your subscription, materially conform to any description of the Service published by Inspected. As Inspected’s sole and set up exclusive liability for breach of this limited warranty, and under normal use your sole and regular service exclusive remedy, Inspected will make reasonable efforts to correct the non-conformity. You represent and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent warrant that: (a) You will not upload any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject information to the foregoing warranty, but shall carry the applicable warranty Service unless you have all permissions or licenses necessary to do so and to authorize Inspected’s use of that information in accordance with this Agreement; and (b) your use of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor's normal working hours), at Lessor's option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does Service will not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend subject Inspected to any Equipment subjected liability or cause Inspected to improper applicationviolate any law, damaged by accident or abuserule, or repaired regulation or altered outside of Lessor's facilities without prior written authorization from Lessorguideline. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXPRESS WARRANTIES CONTAINED DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT SECTION MAY NOT APPLY TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTERYOU. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONTHE IMMEDIATELY PRECEDING PARAGRAPH, ALL EQUIPMENT AND SERVICES ARE BEING THE SERVICE IS PROVIDED "ON AN “AS IS"” AND “AS AVAILABLE” BASIS AND INSPECTED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, "WHERE ISWHETHER EXPRESS OR IMPLIED, WITH ALL FAULTS"INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LESSOR SPECIFICALLY DISCLAIMS WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY WARRANTYMATERIAL ACCESSED, GUARANTY DOWNLOADED OR REPRESENTATIONOTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PAST OBTAINED BY YOU FROM INSPECTED OR PRESENT, THERETOTHROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND RECOGNIZES YOU MAY HAVE OTHER RIGHTS THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENTVARY FROM STATE TO STATE.

Warranties Disclaimer. Lessor 10.1. Hexagon warrants to Lessee Customer during the Subscription Term that the Equipment, when delivered Services will materially comply with the functionality described in the Materials. Customer’s sole and set up and under normal use and regular service and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject to the foregoing warranty, but shall carry the applicable warranty exclusive remedy for Hexagon’s breach of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited that Hexagon shall use commercially reasonable efforts to correct such errors or modify the replacement or repair Services to achieve the material functionality described in the Materials within a reasonable period of time. However, Hexagon shall have no obligation with respect to this warranty claim unless notified of such claim within (30) days of the defective Equipment (during Lessor's normal working hours)first material functionality problem. Further, at Lessor's option; provided, however, that Lessee Hexagon shall provide written notice of any failure or defect have no obligation with respect to Lessor within four (4) days after discoverythis warranty claim, and within Customer may not terminate the applicable warranty periodAgreement, where any alleged nonconformity is due to User error as reasonably determined by the Parties after investigation and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole optionanalysis by Hexagon. If Lessee Hexagon does not grant clearwarrant that the Services will be free of errors, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abusebugs, or repaired interruption, or altered outside of Lessor's facilities without prior written authorization from Lessorthat all such errors will be corrected. 10.2. EXCEPT AS OTHERWISE STATED IN SECTION 10.1 ABOVE, HEXAGON DOES NOT REPRESENT THAT CUSTOMER’S USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICES WILL MEET CUSTOMER REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICES AND/OR MATERIALS WILL BE CORRECTED OR THAT THE PLATFORM OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THE SERVICES WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY HEXAGON OR THE OPERATION OF THE SERVICES WILL BE SECURE OR THAT HEXAGON AND ITS AFFILIATES, AND THEIR THIRD PARTY SUPPLIERS AND SERVICE PROVIDERS, WILL BE ABLE TO PREVENT THIRD PARTIES FROM ACCESSING CUSTOMER DATA OR CUSTOMER’S CONFIDENTIAL INFORMATION, OR ANY ERRORS WILL BE CORRECTED OR ANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE. THE EXPRESS WARRANTIES CONTAINED STATED IN THIS AGREEMENT SECTION 10.1 ABOVE ARE LESSOR'S THE SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICESOFFERED BY HEXAGON. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED EXPRESS OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONDITION THOSE OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY A PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTER. EXCEPT AS EXPRESSLY SET FORTH STATED IN THIS SECTIONSECTION 10.1 ABOVE, ALL EQUIPMENT AND THE SERVICES ARE BEING PROVIDED "TO CUSTOMER ON AN “AS IS"” BASIS, "WHERE IS, WITH AND ARE FOR COMMERCIAL USE ONLY. CUSTOMER ASSUMES ALL FAULTS". LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES OR REPRESENTATION, ORAL THE INFORMATION GENERATED THEREBY IS ACCURATE OR WRITTEN, PAST OR PRESENT, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT SUFFICIENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENTTHE CUSTOMER’S PURPOSE.

Warranties Disclaimer. Lessor ServiceTitan warrants to Lessee that the EquipmentService will, when delivered during the term of your subscription, materially conform to any description of the Service published by ServiceTitan. As ServiceTitan’s sole and set up exclusive liability for breach of this limited warranty, and under normal use your sole and regular service exclusive remedy, ServiceTitan will make reasonable efforts to correct the non-conformity. Subscriber represents and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent warrants that: (a) Subscriber will not upload any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject information to the foregoing warranty, but shall carry the applicable warranty Service unless Subscriber has all permissions or licenses necessary to do so and to authorize ServiceTitan’s use of that information in accordance with this Agreement; and (b) Subscriber’s use of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor's normal working hours), at Lessor's option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does Service will not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend subject ServiceTitan to any Equipment subjected liability or cause ServiceTitan to improper applicationviolate any law, damaged by accident or abuserule, or repaired regulation or altered outside of Lessor's facilities without prior written authorization from Lessorguideline. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXPRESS WARRANTIES CONTAINED DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT SECTION MAY NOT APPLY TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTERYOU. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONTHE IMMEDIATELY PRECEDING PARAGRAPH, ALL EQUIPMENT AND SERVICES ARE BEING THE SERVICE IS PROVIDED "ON AN “AS IS"” AND “AS AVAILABLE” BASIS AND SERVICETITAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, "WHERE ISWHETHER EXPRESS OR IMPLIED, WITH ALL FAULTS"INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LESSOR SPECIFICALLY DISCLAIMS WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY WARRANTYMATERIAL ACCESSED, GUARANTY DOWNLOADED OR REPRESENTATIONOTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PAST OBTAINED BY YOU FROM SERVICETITAN OR PRESENT, THERETOTHROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND RECOGNIZES YOU MAY HAVE OTHER RIGHTS THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENTVARY FROM STATE TO STATE.

Warranties Disclaimer. Lessor ServiceTitan warrants to Lessee that the EquipmentService will, when delivered during the term of your subscription, materially conform to any description of the Service published by ServiceTitan. As ServiceTitan’s sole and set up exclusive liability for breach of this limited warranty, and under normal use your sole and regular service exclusive remedy, ServiceTitan will make reasonable efforts to correct the non-conformity. You represent and maintenance by Lessee, shall be free from major defects in materials and workmanship warrant that: (a) you will not upload or request that prevent ServiceTitan import any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject information to the foregoing warranty, but shall carry the applicable warranty Service unless you have all permissions or licenses necessary to do so and to authorize ServiceTitan’s use of that information in accordance with this Agreement; and (b) your use of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor's normal working hours), at Lessor's option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does Service will not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend subject ServiceTitan to any Equipment subjected liability or cause ServiceTitan to improper applicationviolate any law, damaged by accident or abuserule, or repaired regulation or altered outside of Lessor's facilities without prior written authorization from Lessorguideline. THE EXPRESS SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SERVICETITAN DISCLAIMS ALL WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED WHETHER EXPRESS OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE RELATING TO THE EQUIPMENT OR SERVICESSERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATIONINCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING FROM OUT OF COURSE OF DEALING DEALING, USAGE, OR USAGE OR TRADE TRADE. SERVICETITAN DOES 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 MATTERHARMFUL COMPONENTS, AND SERVICETITAN DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONNO ADVICE OR INFORMATION, ALL EQUIPMENT AND SERVICES ARE BEING PROVIDED "AS IS", "WHERE IS, WITH ALL FAULTS". LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, WHETHER ORAL OR WRITTEN, PAST OBTAINED BY YOU FROM THE SERVICE OR PRESENT, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES SERVICETITAN ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SERVICETITAN ENTITIES OR THE SERVICE THAT LESSOR IS NOT A DESIGNER EXPRESSLY STATED IN THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MANUFACTURER MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF ANY EQUIPMENTDATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. ServiceTitan does not disclaim any warranty or other right that ServiceTitan is prohibited from disclaiming under applicable law.

Warranties Disclaimer. Lessor warrants to Lessee that the Equipment, when delivered delivered, will be in good condition and set up and under normal use and regular service and maintenance by Lesseerepair, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be and, subject to Section 4, comply with all applicable regulations. Lessee acknowledges and agrees that, with the exception of the foregoing warrantywarranties, but shall carry the applicable warranty of the Accessory ownerLESSOR DOES NOT MAKE, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor's normal working hours)HAS NOT MADE, at Lessor's option; providedNOR SHALL BE DEEMED TO MAKE OR HAVE MADE ANY OTHER WARRANTIES OR REPRESENTATIONS, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor's facilities without prior written authorization from Lessor. THE EITHER EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE WRITTEN OR ORAL, RELATING TO ANY OF THE EQUIPMENT MATTERS CONTAINED IN THE AGREEMENT OR SERVICESTHE MASTER LEASE AGREEMENT, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENTEQUIPMENT LEASED HEREUNDER OR ANY COMPONENT THEREOF, ITS INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OR MATERIALS OR WORKMANSHIP, MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, USE OR OPERATIONS, SAFETY, PATENT, TRADEMARK OR ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING FROM COURSE OF DEALING COPYRIGHT OR USAGE OR TRADE OR ANY OTHER MATTEROTHERWISE. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONAll such risks, ALL EQUIPMENT AND SERVICES ARE BEING PROVIDED "AS IS"as between Lessor and Lessee, "WHERE ISare to be borne by Lessee. Without limiting the foregoing, WITH ALL FAULTS"Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following, regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by any Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) therein, or any other circumstance in connection therewith; (ii) the use, operation or performance of any Equipment or any risks relating thereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of any Equipment. LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTYIf, GUARANTY OR REPRESENTATIONand so long as, ORAL OR WRITTENno Event of Default exists under this Agreement, PAST OR PRESENTLessee shall be, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENTand hereby is, authorized during the Lease Term to assert and enforce, at Lessee’s sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any supplier of the Equipment.

Warranties Disclaimer. Lessor (a) Threat Spectrum represents and warrants that all Services will be conducted substantially in accordance with applicable industry standards and that Threat Spectrum will take all reasonable steps to Lessee ensure Your safety and well being while receiving Services. Provided that the Equipment, when delivered and set up and under normal use and regular service and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject to the foregoing warranty, but shall carry the applicable warranty of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor's normal working hours), at Lessor's option; provided, however, that Lessee shall provide written notice You notify Threat Spectrum of any failure or defect to Lessor meet the foregoing warranty within four (4) 30 days after discoverythe date the applicable Services were rendered, Your sole and exclusive remedy, and within Threat Spectrum's sole and exclusive obligation, for any breach of the foregoing warranty will be to re-perform the applicable warranty periodService, and failure to provide such notice or, in a timely manner may result in a l imitation of this warranty at LessorThreat Spectrum's sole optiondiscretion, to refund any fees You paid for the applicable Services. If Lessee Threat Spectrum does not grant clear, unobstructed access for offer any warranties on any Products. Certain Products may come with a manufacturer’s or similar warranty that is not provided by Threat Spectrum; any such repairs between 8:00warranties will be provided in the documentation accompanying the particular Product. a. m. and 5:00 p.m.(b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor's facilities without prior written authorization from Lessor. THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THREAT SPECTRUM PROVIDES THE SERVICES, GEAR, PRODUCTS, AND/OR FACILITIES “AS IS” AND ARE IN LIEU OF HEREBY DISCLAIMS ALL REPRESENTATIONS AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEESWHETHER EXPRESS, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICESSTATUTORY, INCLUDING WITHOUT LIMITATION, THE CONDITION ANY WARRANTIES OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY A PARTICULAR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THREAT SPECTRUM (A) DOES NOT WARRANT THAT ANY WARRANTY AGAINST INFRINGEMENT SERVICE, GEAR, PRODUCT AND/OR AS TO TITLEFACILITY WILL MEET YOUR NEEDS, AND (B) MAKES NO WARRANTIES ARISING FROM COURSE REGARDING THE DESIGN, MANUFACTURE, UTILITY, MAINTENANCE, AND/OR CONDITION OF DEALING OR USAGE OR TRADE ANY PRODUCT, GEAR, AND/OR ANY OTHER MATTERFACILITIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, ALL EQUIPMENT AND SERVICES ARE BEING PROVIDED "AS IS", "WHERE IS, WITH ALL FAULTS". LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER DISCLAIMER OF ANY EQUIPMENTWARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Warranties Disclaimer. Lessor warrants to Lessee a. Institution acknowledges that it has inspected the EquipmentFacility, when delivered finds the Facility suitable for its use, and set up hereby accepts the Facility “AS IS” in the condition existing as of the date Institution first enters upon and under normal use and regular service and maintenance by Lesseeuses the Facility, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject to all defects, hazards, and dangers of any kind whatsoever, whether known or unknown, or apparent, latent, or concealed, and further subject to all applicable federal, state, and local laws, ordinances, and regulations. Institution hereby acknowledges that neither USC nor any representative of USC (i) has made any representation or warranty to Institution as to the foregoing warranty, but shall carry the applicable warranty condition of the Accessory ownerFacility, which Lessor hereby assigns or the suitability of the Facility for Institution’s purposes; or (ii) is under any obligation to Lessee inspect or prepare the Facility or to advise Institution as to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair condition of the defective Equipment (during Lessor's normal working hours)Facility or the suitability of the Facility for Institution’s purposes. b. EXCEPT AS OTHERWISE SET FORTH HEREIN, at Lessor's option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor's facilities without prior written authorization from Lessor. THE USC DISCLAIMS ANY AND ALL EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEESWARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY, PROMISES, AFFIRMATION OR REPRESENTATIONS OTHER EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. USC DOES NOT WARRANT THAT THE SERVICE WILL MEET INSTITUTION’S REQUIREMENTS, EXPRESSED THAT THE SERVICE WILL BE UNINTERRUPTED OR IMPLIEDERROR-FREE OR THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, WHICH MAY QUALITY, ACCURACY, PURPOSE OR NEED. IN NO EVENT WILL USC BE DEEMED APPLICABLE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY NATURE IN CONNECTION WITH, ARISING OUT OF OR RELATING TO THE EQUIPMENT THIS AGREEMENT (INCLUDING LOSS OF PROFITS, USE, DATA, OR SERVICESOTHER ECONOMIC ADVANTAGE), INCLUDING INCLUDING, WITHOUT LIMITATION, THE CONDITION ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY, OR OTHERWISE, EVEN IF USC HAS BEEN ADVISED OF THE EQUIPMENTPOSSIBILTY OF SUCH DAMAGES. ADDITIONALLY, ITS MERCHANTABILITY USC SHALL NOT BE LIABLE FOR DAMAGE TO INSTITUTION’S EQUIPMENT THAT IS LOCATED AT THE FACILITY, REGARDLESS OF THE CAUSE OF SUCH DAMAGE, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, LOSS WHATSOEVER OF INSTITUTION DUE TO ANY WARRANTY AGAINST INFRINGEMENT OR AS DISCONTINUED SERVICE PROVIDED FOR HEREIN. USC’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT BE IN EXCESS OF THE TOTAL AMOUNT PAID BY INSTITUTION TO TITLE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTER. EXCEPT AS EXPRESSLY SET FORTH USC IN THE PREVIOUS TWELVE MONTHS UNDER THIS SECTION, ALL EQUIPMENT AND SERVICES ARE BEING PROVIDED "AS IS", "WHERE IS, WITH ALL FAULTS". LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENTAGREEMENT.

Warranties Disclaimer. Lessor MariaDB represents and warrants that it has the necessary experience, knowledge, skill and resources to Lessee that the Equipment, when delivered and set up and carry out its obligations under normal use and regular service and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject to the foregoing warranty, but shall carry the applicable warranty of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor's normal working hours), at Lessor's option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does not grant clearprofessional manner, unobstructed access for any such repairs between 8:00 a. m. consistent with prevailing industry standards and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor's facilities without prior written authorization from Lessor. THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTERpractices. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONARTICLE 6 AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MARIADB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH SERVICES, PRODUCTS, OR OTHER SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, ALL EQUIPMENT AND SERVICES OF WHICH ARE BEING PROVIDED "ON AN “AS IS"” AND “AS AVAILABLE” BASIS. MARIADB EXPRESSLY DISCLAIMS, "WHERE ISAND CUSTOMER EXPRESSLY WAIVES, WITH ALL FAULTS"OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED HERETO INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SYSTEM INTEGRATION, AND ACCURACY OF INFORMATIONAL CONTENT. LESSOR SPECIFICALLY DISCLAIMS WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARIADB DOES NOT WARRANT RESULTS OR THAT ANY WARRANTYSOFTWARE, GUARANTY SUBSCRIPTION SERVICES OR REPRESENTATIONWORK PRODUCT WILL BE FREE FROM ERRORS, ORAL DEFECTS OR WRITTEN, PAST OR PRESENT, THERETOBUGS. XXXXXX HAS SELECTED CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY AT ALL EQUIPMENT FOR XXXXXX'S INTENDED USE TIMES TO PROTECT AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER MAINTAIN AN UP-TO-DATE AND RESTORABLE BACKUP OF ANY EQUIPMENTAND ALL CUSTOMER’S DATA, DATABASES, FILES, UTILITIES, SOFTWARE AND OTHER SYSTEMS.

Warranties Disclaimer. Lessor warrants 1. You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through ENERGYNOW is at your sole risk. ENERPOINT reserves the right, in its sole discretion and without notice, to Lessee correct any errors or omissions in any portion of ENERGYNOW, or to deny access to ENERGYNOW to anyone at any time. You acknowledge and agree that the Equipment, when delivered and set up and under normal use and regular service and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but ENERPOINT is not owned by Lessor shall not be subject to the foregoing warranty, but shall carry the applicable warranty of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor's normal working hours), at Lessor's option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does not grant clear, unobstructed access responsible for any such repairs between 8:00materials posted by users of ENERGYNOW. Prior to purchasing any third party products or services described or advertised on ENERGYNOW, you are advised to conduct your own due diligence, verify pricing and other information. Neither ENERPOINT nor its affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on ENERGYNOW. a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor's facilities without prior written authorization from Lessor. THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTER2. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONHEREIN, ENERGYNOW (INCLUDING ALL EQUIPMENT CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION SERVICES, NEWS FEED SERVICES, MATERIALS AND SERVICES INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE BEING PROVIDED "AS IS", "WHERE IS, WITH ALL FAULTS". LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER WITHOUT WARRANTIES OF ANY EQUIPMENTKIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-­‐INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ENERPOINT AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY ENERPOINT. ENERPOINT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ENERGYNOW OR THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR-­‐FREE, THAT DEFECTS WILL BE CORRECTED, THAT ENERGYNOW OR SUBSCRIPTION SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT ENERGYNOW, INCLUDING FORUMS OR THE SERVER(S) ON WHICH ENERGYNOW IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Warranties Disclaimer. Lessor 10.1. Each party represents and warrants to Lessee that the Equipment, when other that: (a) this Agreement has been duly executed and delivered and set up constitutes a valid and under normal use binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and regular service (c) the execution, delivery, and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to performance of this Agreement but does not owned violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by Lessor shall not be subject to the foregoing warrantywhich it is otherwise bound. 10.2. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION 10, but shall carry the applicable warranty of the Accessory ownerXXXXXX MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment IMPLIED (during Lessor's normal working hoursEITHER IN FACT OR BY OPERATION OF LAW), at Lessor's option; providedOR STATUTORY, howeverAS TO ANY MATTER WHATSOEVER. ZIVVER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor's facilities without prior written authorization from Lessor. THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY A PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO QUALITY, ACCURACY, TITLE, WARRANTIES ARISING FROM COURSE AND NON-INFRINGEMENT. ZIVVER DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTERTHE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, ALL EQUIPMENT AND ZIVVER DOES NOT WARRANT THAT THE SERVICES ARE BEING PROVIDED "ERROR-FREE OR THAT OPERATION OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, OR THAT CUSTOMER’S USE OF THE SERVICES SHALL RESULT IN ITS COMPLIANCE WITH REGULATORY REQUIREMENTS APPLICABLE TO ITS PLANS. ZIVVER EXERCISES NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING OUT OF OR BASED UPON CUSTOMER’S USE OF THE SERVICES. ZIVVER PROVIDES THE SERVICES ON AN ‘AS IS", "WHERE IS, WITH ALL FAULTS". LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE ’ BASIS AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENTIMPLEMENTATION ON AN BEST EFFORTS BASIS.

Warranties Disclaimer. Lessor DataTurk warrants to Lessee that the EquipmentService will, when delivered during the term of your subscription, materially conform to any description of the Service published by DataTurk. As DataTurk’s sole and set up exclusive liability for breach of this limited warranty, and under normal use your sole and regular service exclusive remedy, DataTurk will make reasonable efforts to correct the non-conformity. You represent and maintenance by Lessee, shall be free from major defects in materials and workmanship warrant that: (a) you will not upload or request that prevent DataTurk import any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject information to the foregoing warranty, but shall carry the applicable warranty Service unless you have all permissions or licenses necessary to do so and to authorize DataTurk’s use of that information in accordance with this Agreement; and (b) your use of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor's normal working hours), at Lessor's option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does Service will not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend subject DataTurk to any Equipment subjected liability or cause DataTurk to improper applicationviolate any law, damaged by accident or abuserule, or repaired regulation or altered outside of Lessor's facilities without prior written authorization from Lessorguideline. THE EXPRESS SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. DATATURK DISCLAIMS ALL WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED WHETHER EXPRESS OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE RELATING TO THE EQUIPMENT OR SERVICESSERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATIONINCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING FROM OUT OF COURSE OF DEALING DEALING, USAGE, OR USAGE OR TRADE TRADE. DATATURK DOES 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 MATTERHARMFUL COMPONENTS, AND DATATURK DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONNO ADVICE OR INFORMATION, ALL EQUIPMENT AND SERVICES ARE BEING PROVIDED "AS IS", "WHERE IS, WITH ALL FAULTS". LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, WHETHER ORAL OR WRITTEN, PAST OBTAINED BY YOU FROM THE SERVICE OR PRESENT, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES DATATURK OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING DATATURK OR THE SERVICE THAT LESSOR IS NOT A DESIGNER EXPRESSLY STATED IN THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MANUFACTURER MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF ANY EQUIPMENTDATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. DataTurk does not disclaim any warranty or other right that DataTurk is prohibited from disclaiming under applicable law.

Warranties Disclaimer. Lessor Company represents and warrants to Lessee that it will, consistent with prevailing industry standards, perform the Services in a professional and workmanlike manner and the Services shall conform in all material respects with documentation. For material breach of the foregoing express warranty, Brand’s exclusive remedy shall be the re-performance of the deficient Services. Brand represents and warrants that the Equipmentpricing provided by Brand for its products and services listed on the Dutchie Platform, when delivered whether electronically or otherwise, are complete and set up and under normal use and regular service and maintenance by Lesseeaccurate. EXCEPT AS SET FORTH HEREIN, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject to the foregoing warrantyTHE SERVICES DELIVERED UNDER THIS AGREEMENT, but shall carry the applicable warranty of the Accessory ownerAND ANY INFORMATION SUPPLIED THEREWITH ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND; WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: I) COMPANY DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, which Lessor hereby assigns to Lessee to the extent transferable. Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor's normal working hours)EXPRESS OR IMPLIED, at Lessor's option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a l imitation of this warranty at Lessor's sole option. If Lessee does not grant clear, unobstructed access for any such repairs between 8:00 a. m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor's facilities without prior written authorization from Lessor. THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICESSERVICES PROVIDED HEREUNDER; II) COMPANY DOES NOT GUARANTEE OR WARRANT CORRECTNESS, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIESCOMPLETENESS, GUARANTEESMERCHANTABILITY, PROMISES, AFFIRMATION OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONDITION FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENTSERVICES OR INFORMATION PROVIDED HEREUNDER, ITS MERCHANTABILITY OR ITS FITNESS THAT THE PRICING FOR ANY PARTICULAR PURPOSEPRODUCT LISTED ON THE DUTCHIE PLATFORM REFLECTS THE ACTUAL PRICE FOR SUCH PRODUCT; AND III) COMPANY DISCLAIMS ALL WARRANTIES RELATED TO THIRD PARTY PAYMENT PROCESSORS AND ANY DISCREPANCIES, ANY WARRANTY AGAINST INFRINGEMENT MISTAKES, OR AS TO TITLE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTER. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, ALL EQUIPMENT AND SERVICES ARE BEING PROVIDED "AS IS", "WHERE IS, WITH ALL FAULTS". LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, THERETO. XXXXXX HAS SELECTED ALL EQUIPMENT FOR XXXXXX'S INTENDED USE AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENTINACCURACIES CAUSED BY THIRD PARTY PAYMENT PROCESSORS.