Common use of Warranties Limitation of Liability Clause in Contracts

Warranties Limitation of Liability. 6.1 IJJCorp hereby represents and warrants that: 1. the Consulting Services provided pursuant to the Agreement will be performed in a timely and professional manner by IJJCorp and its Consulting Services Personnel, consistent with generally-accepted industry standards; provided that Subscriber’s sole and exclusive remedy for any breach of this warranty will be, at IJJCorp’s option, re-performance of the Consulting Services or termination of the applicable SOW and return of the portion of the Fees paid to IJJCorp by Subscriber for the nonconforming portion of the Consulting Services; and 2. it is under no contractual or other restrictions or obligations which are inconsistent with the execution of the Agreement, or, to its best knowledge, which will interfere with its performance of the Consulting Services. 6.2 NOTWITHSTANDING SECTION 10.2 OF THE AGREEMENT, THE IJJCorp GROUP’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY CONSULTING SERVICES, SHALL IN NO EVENT EXCEED THE FEES PAID BY SUBSCRIBER UNDER THE APPLICABLE SOW. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 6.2 IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE IJJCorp GROUP WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CONSULTING SERVICES PROVIDED UNDER THE AGREEMENT. 6.3 The Parties hereby agree that:

Warranties Limitation of Liability. 6.1 IJJCorp hereby represents and warrants that: 19.1 PACKETFABRIC MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY SERVICE PROVISIONED OR PRODUCT DELIVERED HEREUNDER. the Consulting Services provided pursuant to the Agreement will be performed in a timely and professional manner by IJJCorp and its Consulting Services PersonnelPACKETFABRIC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, consistent with generallyINCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-accepted industry standards; provided that Subscriber’s sole and exclusive remedy for any breach of this warranty will beINFRINGEMENT OF THIRD-PARTY RIGHTS, at IJJCorp’s option, re-performance of the Consulting Services or termination of the applicable SOW and return of the portion of the Fees paid to IJJCorp by Subscriber for the nonconforming portion of the Consulting Services; and 2. it is under no contractual or other restrictions or obligations which are inconsistent with the execution of the Agreement, or, to its best knowledge, which will interfere with its performance of the Consulting Services. 6.2 NOTWITHSTANDING SECTION 10.2 PERFORMANCE OR INTEROPERABILITY OF THE AGREEMENTSERVICE WITH ANY CUSTOMER-PROVIDED EQUIPMENT, THE IJJCorp GROUP’S AGGREGATE LIABILITY AND ANY WARRANTIES ARISING OUT OF THIS AGREEMENT ANY COURSE OF DEALING OR OTHERWISE IN CONNECTION WITH ANY CONSULTING SERVICES, SHALL USAGE OF TRADE. 9.2 IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ANY LOSS OF REVENUE, PROFITS (EXCLUDING FEES UNDER THESE TERMS AND CONDITIONS), SALES, DATA, DATA USE, GOODWILL, OR REPUTATION, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. 9.3 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY, NOR ITS AFFILIATES, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEES TOTAL AMOUNTS ACTUALLY PAID BY SUBSCRIBER CUSTOMER FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION PROVIDED IN THIS SECTION DOES NOT APPLY TO EITHER PARTY’S INDEMNITY OBLIGATIONS NOR CUSTOMER’S OBLIGATION TO PAY THE FEES UNDER AN ORDER. 9.4 THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE SOW. EACH PARTY ACKNOWLEDGES LAW AND AGREES THAT SHALL SURVIVE FAILURE OF THE ESSENTIAL PURPOSE OF THIS SECTION 6.2 IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE IJJCorp GROUP WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp HAS RELIED ON THESE LIMITATIONS REMEDIES PROVIDED IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CONSULTING SERVICES PROVIDED UNDER THE AGREEMENT. Each Party shall use commercially reasonable efforts to mitigate any damages for which the other Party may be liable under these Terms and Conditions. 6.3 The Parties hereby agree that:

Warranties Limitation of Liability. 6.1 IJJCorp hereby represents and  5.1. We warrants that: 1. the Consulting Services provided pursuant to the Agreement that Warden will be performed in a timely and professional manner by IJJCorp and its Consulting Services Personnel, consistent with generally-provided to you using generally accepted industry standards; provided that Subscriber’s sole standards and exclusive remedy for any breach of this warranty will bepractices.  5.2. THE WARRANTIES STATED IN SECTION 5.1 ABOVE ARE THE EXCLUSIVE OBLIGATIONS OF HORANGI INC RELATED TO WARDEN PURSUANT TO THIS XXXX. TO THE EXTENT PERMITTED BY APPLICABLE LAW, at IJJCorp’s optionHORANGI INC DISCLAIMS ALL WARRANTIES AND CONDITIONS, reWHETHER EXPRESS, IMPLIED OR STATUTORY, OTHER THAN THOSE IDENTIFIED EXPRESSLY AFOREMENTIONED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-performance of the Consulting Services or termination of the applicable SOW and return of the portion of the Fees paid to IJJCorp by Subscriber for the nonconforming portion of the Consulting Services; and 2INFRINGEMENT. it is under no contractual or other restrictions or obligations which are inconsistent with the execution of the AgreementEXCEPT AS PROVIDED HEREIN, orWARDEN IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. HORANGI INC WILL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY THIRD PARTY VENDORS, to its best knowledgeDEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO YOU BY HORANGI INC OR ITS EMPLOYEES, which will interfere with its performance of the Consulting Services. 6.2 NOTWITHSTANDING SECTION 10.2 OF THE AGREEMENTAFFILIATES, THE IJJCorp GROUP’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY CONSULTING SERVICES, SHALL IN NO EVENT EXCEED THE FEES PAID BY SUBSCRIBER AGENTS UNLESS SUCH THIRD PARTY PRODUCTS OR SERVICES ARE PROVIDED UNDER THE APPLICABLE SOW. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 6.2 IS TO ALLOCATE THE RISKS UNDER THIS WRITTEN AGREEMENT BETWEEN YOU AND HORANGI INC, AND THEN ONLY TO THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE IJJCorp GROUP WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp HAS RELIED ON THESE LIMITATIONS EXTENT EXPRESSLY PROVIDED IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CONSULTING SERVICES PROVIDED UNDER THE SUCH AGREEMENT. 6.3 The Parties hereby agree that:

Warranties Limitation of Liability. 6.1 IJJCorp EXCEPT AS EXPRESSLY PROVIDED HEREIN, NO WARRANTIES ARE MADE BY DNA OR DWANGO, AND BOTH DNA AND DWANGO HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DWANGO DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS THAT THE LICENSED PRODUCTS WILL MEET DNA'S REQUIREMENTS OR THE REQUIREMENTS OF ANY THIRD PARTIES. THE PARTIES AGREE THAT EACH XXXXX'X LIABILITY, IF ANY, FOR DAMAGES, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, WARRANTY, PATENT OR COPYRIGHT INFRINGEMENT, OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY SHALL NOT EXCEED THE LICENSE FEES PAID BY DNA OR U.S.$ 1,000,000.00 WHICHEVER IS LESS. NEITHER PARTY SHALL NOT BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFIT OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY CLAIM AGAINST THE OTHER PARTY, EXCEPT FOR PATENT OR COPYRIGHT INFRINGEMENT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND EXCEPT FOR ANY INTENTIONAL ACTS BY SAID PARTY. DWANGO hereby represents and warrants that: 1that it has full legal rights and authority to enter into this Agreement and to perform its obligations hereunder, and that by entering into this Agreement or performing its obligations hereunder, it is not in default or breach of any contract or agreement with any third party and it is not violating or infringing upon the rights of any third party. DWANGO represents and warrants that it is not prohibited nor in any manner otherwise restricted, by any law, regulation or administrative or judicial order of Japan, or other country to whose laws DWANGO is subject, from entering into this Agreement or carrying out its provisions or the Consulting Services provided pursuant transactions contemplated thereby. DNA hereby represents and warrants that it has full legal rights and authority to enter into this Agreement and to perform its obligations hereunder, and that by entering into this Agreement or performing its obligations hereunder, it is not in default or breach of any contract or agreement with any third party and it is not violating or infringing upon the rights of any third party. DNA represents and warrants that it is not prohibited nor in any manner otherwise restricted, by any law, regulation or administrative or judicial order of the United States, or other country to whose laws DNA is subject, from entering into this Agreement or carrying out its provisions or the transactions contemplated thereby. DWANGO hereby represents and warrants that (i) it owns all right, title and interest in or has valid licenses to the Agreement will Licensed Property, which licenses include the right to grant the DNA Licenses; (ii) there is no legal obstacle to granting the DNA Licenses; (iii) DNA shall not be performed required to make an royalty or union or guild payments to any third party in a timely and professional manner by IJJCorp and its Consulting Services Personnelorder to exploit fully all rights granted to it under the DNA Licenses; (iv) the Licensed Property does not infringe any rights under copyright, consistent with generally-accepted industry standardstrademark, patent, trade secret or any other proprietary right, or violate any right of privacy or publicity, of any third party ("Intellectual Property Rights"), (v) DWANGO has not received notice of any claim that the Licensed Property infringes any Intellectual Property Rights, (vi) to DWANGO's knowledge, no third party is infringing the Licensed Property; provided that Subscriber’s sole and exclusive remedy for (vii) to DWANGO's knowledge, no computer programs included in the Licensed Property contain any breach of this warranty will bematerial bugs, at IJJCorp’s optionviruses, re-performance of the Consulting Services or termination of the applicable SOW and return of the portion of the Fees paid to IJJCorp by Subscriber for the nonconforming portion of the Consulting Services; and 2. it is under no contractual Trojan horses, worms or other restrictions or obligations which are inconsistent with the execution forms of the Agreement, or, to its best knowledge, which will interfere with its performance of the Consulting Servicescorrupt code. 6.2 NOTWITHSTANDING SECTION 10.2 OF THE AGREEMENT, THE IJJCorp GROUP’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY CONSULTING SERVICES, SHALL IN NO EVENT EXCEED THE FEES PAID BY SUBSCRIBER UNDER THE APPLICABLE SOW. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 6.2 IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE IJJCorp GROUP WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CONSULTING SERVICES PROVIDED UNDER THE AGREEMENT. 6.3 The Parties hereby agree that:

Warranties Limitation of Liability. 6.1 IJJCorp hereby represents (a) Licensor cannot guarantee the accuracy or completeness of the Software thereof, and warrants that:provides the software to Licensee’s customers on an “AS IS” and “AS AVAILABLE” basis. Licensor further disclaims liability for any error, defect, or anomaly in the Software caused directly or indirectly, in whole or in part, by Licensee's customer download or installation of any part of the Licensed Products from the media supplied to Licensee’s customers by Licensor or its sublicensors. 1. (b) Licensor does not warrant that the Consulting Services provided pursuant to functions contained in the Agreement Software will meet Licensee's customer requirements or that the operation of the Software will be performed uninterrupted or error-free. Licensor shall have no responsibility for problems in the Software which are caused by alterations or modifications made by Licensee’s customer or a timely and professional manner third party, arise out of the malfunction of Licensee’s customer equipment, or caused by IJJCorp and its Consulting Services Personnelother software products not licensed by Licensor. Licensor makes no warranty, consistent with generally-accepted industry standards; provided that Subscriberexpress or implied, regarding any Third Party Software or the adequacy or capacity of any Third Party Software or hardware to attain some or all of the performance objectives of Licensee’s sole and exclusive remedy for any breach customer. THE SOFTWARE IS PROVIDED AND LICENSED “AS IS” AND USE OF THE SOFTWARE IS AT LICENSEE’S CUSTOMER’S RISK. AIRBEE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SOFTWARE IS DELIVERED FREE OF ANY THIRD PARTY CLAIMS BY WAY OF INFRINGEMENT OR OTHERWISE. AIRBEE DOES NOT WARRANT NOR MAKE ANY CONDITION OR REPRESENTATIONS THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE REQUIREMENTS OF THE LICENSEE’S CUSTOMER, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR FREE OF DEFECTS OR VIRUS FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHER, AIRBEE DOES NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AIRBEE OR OTHERS SHALL CREATE A WARRANTY, CONDITION OR REPRESENTATION OR IN ANY WAY EXTEND THE SCOPE OF THE “AS IS” PROVISION OF THE SOFTWARE. This section shall survive the termination or expiry of this warranty will be, at IJJCorp’s option, re-performance of the Consulting Services or termination of the applicable SOW and return of the portion of the Fees paid to IJJCorp by Subscriber for the nonconforming portion of the Consulting Services; and 2. it is under no contractual or other restrictions or obligations which are inconsistent with the execution of the Agreement, or, to its best knowledge, which will interfere with its performance of the Consulting Services. 6.2 NOTWITHSTANDING SECTION 10.2 (c) LICENSOR WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE (i) CAUSED BY ERRORS OF OMISSIONS IN THE SYSTEM, (ii) RESULTING FROM ERRORS IN PACKAGING THE DATA CONTAINED IN THE SYSTEM, OR (iii) RESULTING FROM ANY USE OF THE AGREEMENT, THE IJJCorp GROUP’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT SYSTEM INCLUDING ANY INDIRECT OR OTHERWISE IN CONNECTION WITH ANY CONSULTING SERVICES, SHALL IN NO EVENT EXCEED THE FEES PAID BY SUBSCRIBER UNDER THE APPLICABLE SOW. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 6.2 IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE IJJCorp GROUP WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CONSULTING SERVICES PROVIDED UNDER THE AGREEMENTCONSEQUENTIAL DAMAGES. 6.3 The Parties hereby agree that:

Warranties Limitation of Liability. 6.1 IJJCorp 1. You hereby represents and warrants that: 1. You have all authority, licenses, permits, and consents necessary to enter into and perform its obligations under this Agreement, and will fully comply with all applicable laws and regulations in performing the Consulting Services; 2. Your personnel are, and will have the ability to prove on demand that they are, legally entitled to work in the United States; 3. the Services provided pursuant to the Agreement will be performed in a timely timely, professional, and professional xxxxxxx-like manner by IJJCorp You and its Consulting Services PersonnelYour personnel, consistent with generally-accepted industry standards; provided that Subscriber’s sole and exclusive remedy for any breach of this warranty will be, at IJJCorp’s option, re-performance of the Consulting Services or termination of the applicable SOW and return of the portion of the Fees paid to IJJCorp by Subscriber for the nonconforming portion of the Consulting Services; and 24. it is You are under no contractual or other restrictions or obligations which are inconsistent with the execution of the this Agreement, or, to its best knowledge, which will interfere with its performance of the Consulting Services. 6.2 NOTWITHSTANDING SECTION 10.2 2. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, LAWNTAP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND TITLE, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. THESE DISCLAIMERS AND EXCLUSIONS WILL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. 3. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL LAWNTAP, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY YOU OR A THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, REGARDLESS OF WHETHER THAT PARTY HAS BEEN ADVISED OF THE AGREEMENT, THE IJJCorp GROUPPOSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. 4. LAWNTAP’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY CONSULTING SERVICES, SHALL WILL IN NO EVENT EXCEED THE FEES PAID BY SUBSCRIBER UNDER CUSTOMER PRIOR TO THE APPLICABLE SOWFIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 6.2 IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE IJJCorp GROUP YOU WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CONSULTING SERVICES PROVIDED UNDER THE AGREEMENT. 6.3 The Parties hereby agree that:5. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. IN THESE JURISDICTIONS, EACH PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Warranties Limitation of Liability. 6.1 IJJCorp hereby 10.1 PLC represents and warrants that: 1. the Consulting Services provided pursuant to LICENSEE that it has sufficient right in and to the Agreement LICENSED SOFTWARE to grant the license granted to LICENSEE under this Agreements, without conflict with any other PLC agreement or obligation, including sufficient rights in any technology included as part of the LICENSED SOFTWARE, and that there are no pending or threatened claims or lawsuits outstanding of infringement or which, if successful, would cause PLC to be unable to grant the license granted to LICENSEE under the Agreement. 10.2 PLC warrants to LICENSEE that the LICENSED SOFTWARE will substantially perform in the manner described in the LICENSED DOCUMENTATION and, as delivered to LICENSEE, shall be performed in a timely and professional manner by IJJCorp and its Consulting Services Personnel, consistent with generally-accepted industry standards; provided that Subscriber’s free from any computer software viruses or harmful code. PLC's sole and exclusive remedy for any breach of obligation under this warranty will be, at IJJCorp’s option, re-performance shall be limited to using reasonable efforts to supply LICENSEE with a corrected version of the Consulting Services or termination LICENSED SOFTWARE as soon as practicable after LICENSEE has notified PLC of the applicable SOW and return of the portion of the Fees paid any such failure to IJJCorp by Subscriber for the nonconforming portion of the Consulting Services; and 2. it is under no contractual or other restrictions or obligations which are inconsistent with the execution of the Agreement, or, to its best knowledge, which will interfere with its performance of the Consulting Servicesperform. 6.2 NOTWITHSTANDING SECTION 10.2 OF THE AGREEMENT10.3 EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE IJJCorp GROUP’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT PLC MAKES NO OTHER WARRANTIES TO LICENSEE, EXPRESS OR OTHERWISE IN CONNECTION WITH ANY CONSULTING SERVICESIMPLIED, SHALL AND SPECIFICALLY DISCLAIMS AND IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 10.4 EXCEPT FOR PLC'S OBLIGATIONS TO INDEMNIFY LICENSEE HEREUNDER, IN NO EVENT EXCEED SHALL EITHER PARTY BE LIABLE TO THE FEES PAID BY SUBSCRIBER UNDER OTHER FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) WHETHER ARISING ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE APPLICABLE SOWPOSSIBILITY THAT SUCH DAMAGES MAY ARISE. EACH PARTY ACKNOWLEDGES AND AGREES THAT BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE ESSENTIAL PURPOSE EXCLUSION OR LIMITATION OF THIS SECTION 6.2 IS CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. THESE LIMITATIONS, HOWEVER, SHALL NOT APPLY TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEESWITH RESPECT TO PERSONAL INJURY, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE IJJCorp GROUP WERE DEATH, OR PHYSICAL DAMAGE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CONSULTING SERVICES PROVIDED UNDER THE AGREEMENTPROPERTY. 6.3 The Parties hereby agree that:

Warranties Limitation of Liability. 6.1 IJJCorp hereby represents 12.1 IAE warrants the work performed by a Maintenance Center at the final Shop Visit for each Eligible Engine under this Agreement shall be free from defects in materials and warrants that: 1. the Consulting Services provided pursuant workmanship as follows: If Spirit demonstrates to the Agreement will reasonable satisfaction of IAE that a *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. defect in the work performed on a Part has caused damage to such Part or any other Part, and Spirit provides written notice to IAE of such damage within ***** or within ***** after installation of the corresponding Eligible Engine on an Aircraft, or if not installed on an Aircraft, within ***** after delivery of the Eligible Engine from the applicable Shop Visit, whichever occurs first, IAE shall, as its sole responsibility for such defect, repair such damage at IAE’s own cost and expense. Transportation charges for the return of defectively serviced goods to IAE or the Maintenance Center, and their reshipment to Spirit and risk of loss thereof shall be performed borne by IAE only if such goods are returned in a timely accordance with reasonable written shipping instructions from IAE. 12.2 IAE warrants to Spirit that it shall convey good title to the new Parts sold hereunder. IAE's liability and professional manner by IJJCorp Spirit’s remedy under this warranty are limited to the removal of any title defect or, at the election of IAE, to the replacement of the new Parts or components thereof which are defective in title; provided, however, that the rights and its Consulting Services Personnel, consistent remedies of the Parties with generally-accepted industry standards; provided that Subscriber’s sole and exclusive remedy for any breach respect to patent infringement shall be limited to the provisions of Section 15 of this warranty will be, Agreement. Spirit warrants that title to Parts removed from Eligible Engines by the Maintenance Center shall pass immediately to IAE free and clear of all security interests and rights of Spirit or others at IJJCorp’s option, re-performance of the Consulting Services or termination of time that title to the applicable SOW and return of the portion of the Fees paid replacement Part passes to IJJCorp by Subscriber for the nonconforming portion of the Consulting Services; and 2. it is under no contractual or other restrictions or obligations which are inconsistent with the execution of the Agreement, or, to its best knowledge, which will interfere with its performance of the Consulting ServicesSpirit. 6.2 NOTWITHSTANDING SECTION 10.2 OF 12.3 THE FOREGOING WARRANTIES TOGETHER WITH THE EXPRESS REMEDIES PROVIDED TO SPIRIT IN ACCORDANCE WITH THIS AGREEMENT, ARE EXCLUSIVE AND ARE GIVEN BY IAE IN LIEU OF (A) ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IJJCorp GROUP’S AGGREGATE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (B) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN STATUTE, CONTRACT, TORT OR STRICT LIABILITY AGAINST OEM OR ITS AFFILIATES, WHETHER OR NOT ARISING OUT FROM THE NEGLIGENCE, ACTUAL OR IMPUTED (BUT NOT GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), OF THIS AGREEMENT IAE OR OTHERWISE IN CONNECTION WITH ANY CONSULTING SERVICESITS AFFILIATES, SHALL IN NO EVENT EXCEED THE FEES PAID BY SUBSCRIBER UNDER THE APPLICABLE SOW. EACH PARTY ACKNOWLEDGES STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, PERMITTED ASSIGNS AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 6.2 IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE IJJCorp GROUP WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CONSULTING SERVICES PROVIDED UNDER THE AGREEMENTAGENTS. 6.3 The Parties hereby agree that:12.5 For purpose of this Section 12, “IAE” shall be deemed to include IAE International Aero Engines AG, Xxxxx and Xxxxxxx, a division of United Technologies Corporation, Xxxxx & Whitney Aero Engines International GmbH, Japanese Aero Engine Corporation, MTU Aero Engines GmbH, and the respective directors, officers, employees and agents of each.

Warranties Limitation of Liability. 6.1 IJJCorp 7.1. Tuppence Consulting hereby represents and warrants that: 1. (a) it has all authority, licenses, permits, and consents necessary to enter into and perform its obligations under this Agreement, and will fully comply with all applicable laws and regulations in performing the Consulting Services; (b) the Consulting Services provided pursuant to the this Agreement will be performed in a timely and professional manner by IJJCorp and Tuppence Consulting, its Consulting Services PersonnelPersonnel or Subcontractor, consistent with generally-accepted industry standards; provided that Subscriberthe Customer’s sole and exclusive remedy for any breach of this warranty will be, at IJJCorpTuppence Consulting’s option, re-performance of the Consulting Services or termination of the applicable SOW and return of the portion of the Fees paid to IJJCorp Tuppence Consulting by Subscriber the Customer for the nonconforming portion of the Consulting Services; and 2. (c) it is under no contractual or other restrictions or obligations which are inconsistent with the execution of the this Agreement, or, to its best knowledge, which will interfere with its performance of the Consulting Services. 6.2 NOTWITHSTANDING 7.2. The Parties hereby agree that: (a) EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 10.2 7, TUPPENCE CONSULTING EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-SATISFACTORY QUALITY, NON- INFRINGEMENT OF THIRD PARTY RIGHTS AND TITLE, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. (b) CUSTOMISED DELIVERABLES, SUCH AS, BUT NOT LIMITED TO, CUSTOM APPLICATIONS, INTEGRATIONS, DATABASE OBJECTS AND PROGRAMMING SCRIPTS, THAT ARE IDENTIFIED AND BEING DELIVERED UNDER A SOW (COLLECTIVELY, “CUSTOMISED DELIVERABLE”) ARE PROVIDED TO THE CUSTOMER “AS IS” AND TUPPENCE CONSULTING MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OR ANY REPRESENTATIONS TO THE CUSTOMER OR ANY THIRD PARTY REGARDING THE USABILITY, CONDITION, OPERATION, FUTUREPROOFING OR FITNESS OF THE CUSTOMISED DELIVERABLE. TUPPENCE CONSULTING SHALL NOT BE RESPONSIBLE, AT LAW OR OTHERWISE, FOR ANY CUSTOMISED DELIVERABLE DESPITE ANY OTHER WARRANTIES OR GUARANTEES, IN THE EVENT THAT THE CUSTOMER MODIFIES ANY CUSTOMISED DELIVERABLE IN A MANNER NOT INSTRUCTED BY TUPPENCE CONSULTING. TUPPENCE CONSULTING DOES NOT WARRANT THAT THE CUSTOMER’S OR ANY THIRD PARTY’S ACCESS TO OR USE OF THE CUSTOMISED DELIVERABLE SHALL BE UNINTERRUPTED OR ERROR-FREE, OR THAT IT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. TUPPENCE CONSULTING EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING CUSTOMISED DELIVERABLE, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. FURTHER, TUPPENCE CONSULTING EXPRESSLY DISCLAIMS ANY RESPONSIBILITY TO SUPPORT OR MAINTAIN CUSTOMISED DELIVERABLE AND WILL NOT DO SO UNLESS OTHERWISE AGREED BY THE PARTIES. THIS DISCLAIMER OF WARRANTY AND LIABILITY IS EXPRESSLY MADE IN ADDITION TO ANY DISCLAIMERS MADE BY TUPPENCE CONSULTING OR ITS AFFILIATES UNDER THE TERMS OF SERVICE WITH RESPECT TO THE SERVICES AS APPLICABLE TO THE CUSTOMER AND ANY THIRD PARTY’S USE OF THE SERVICES. (c) THESE DISCLAIMERS AND EXCLUSIONS WILL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. 7.3. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THIS AGREEMENT, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE IJJCorp GROUPOTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY THE OTHER PARTY OR SUCH THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR THE CONSULTING SERVICES, REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. 7.4. EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY CONSULTING SERVICES, SHALL IN NO EVENT EXCEED THE FEES PAID BY SUBSCRIBER UNDER THE APPLICABLE SOWCUSTOMER PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 6.2 7.4 IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE IJJCorp GROUP TUPPENCE CONSULTING WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp TUPPENCE CONSULTING HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CUSTOMER THE CONSULTING SERVICES PROVIDED UNDER THE FOR IN THIS AGREEMENT. 6.3 The Parties hereby agree that:7.5. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. IN THESE JURISDICTIONS, EACH PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Warranties Limitation of Liability. 6.1 IJJCorp hereby represents (a) RECUR360 TECHNOLOGIES makes every reasonable effort to maintain operation of the Services. Notwithstanding the foregoing, because many events and warrants that: 1. circumstances are beyond the Consulting control of RECUR360 TECHNOLOGIES, RECUR360 TECHNOLOGIES does not in any way warrant or otherwise guarantee the availability of the RECUR360 TECHNOLOGIES system, servers or Services provided pursuant and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether or not due to the Agreement will negligence of RECUR360 TECHNOLOGIES. RECUR360 TECHNOLOGIES may, at its sole discretion, limit or deny access to its cloud infrastructure, if, in the judgment of RECUR360 TECHNOLOGIES, such limitations or denials of access are required to assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on the RECUR360 TECHNOLOGIES servers. ALL SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON- INFRINGEMENT. Information obtained by you from the internet may be performed inaccurate, offensive or in a timely and professional manner by IJJCorp and its Consulting Services Personnelsome cases even illegal. With the exception of the content found on RECUR360 TECHNOLOGIES websites, consistent with generally-accepted industry standards; provided that Subscriber’s sole and exclusive remedy RECUR360 TECHNOLOGIES has no control over information contained on the internet. RECUR360 TECHNOLOGIES, therefore, accepts no responsibility or liability for any breach of this warranty will beinformation which you may receive from the internet. You accept full responsibility to verify the truth, at IJJCorp’s optionaccuracy, re-performance legality and ownership of the Consulting Services or termination information that you obtain from the internet as well as the reputation of the applicable SOW and return of the portion of the Fees paid to IJJCorp by Subscriber for the nonconforming portion of the Consulting Services; and 2individuals with whom you may deal. it is under no contractual or other restrictions or obligations which are inconsistent with the execution of the AgreementRECUR360 TECHNOLOGIES PROVIDES NO WARRANTY FOR ANY GOODS OR SERVICES WHICH YOU OBTAIN OVER THE INTERNET, or, to its best knowledge, which will interfere with its performance of the Consulting Services. 6.2 NOTWITHSTANDING SECTION 10.2 NOR THE COMPATIBILITY OF ANY SUCH SERVICES WITH THE AGREEMENT, THE IJJCorp GROUP’S AGGREGATE LIABILITY ARISING OUT RECUR360 TECHNOLOGIES XXXXXX.XXX SPECIFICALLY HEREBY WAIVE ANY CLAIM FOR DAMAGES OF THIS AGREEMENT ANY KIND THAT YOU MAY HAVE AGAINST RECUR360 TECHNOLOGIES OR OTHERWISE ITS AFFILIATES IN CONNECTION WITH ANY CONSULTING YOUR USE OF THE SERVICES, SHALL IN NO EVENT EXCEED WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, INCLUDING LOSS OF PROFITS OR LOSS OF BUSINESS. NOTWITHSTANDING THE FEES PAID BY SUBSCRIBER UNDER THE APPLICABLE SOW. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE FAILURE OF ESSENTIAL PURPOSE OF THIS SECTION 6.2 IS ANY LIMITED REMEDY, THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO ALLOCATE THE RISKS UNDER YOU BY ANY ACTS OR OMISSIONS OF RECUR360 TECHNOLOGIES OR ITS AFFILIATES RELATING TO OR IN CONNECTION WITH THIS AGREEMENT BETWEEN SHALL BE A SERVICE CREDIT EQUAL TO THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN FEE PAID BY YOU TO RECUR360 TECHNOLOGIES AS PRO-RATED FOR THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF PERIOD CORRESPONDING TO ANY TIME THE IJJCorp GROUP WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CONSULTING SERVICES PROVIDED UNDER THE AGREEMENTRESPECT SERVICE AT ISSUE WAS NOT AVAILABLE. 6.3 The Parties hereby agree that:

Warranties Limitation of Liability. 6.1 IJJCorp hereby represents and warrants that:5.1 N2N, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." N2N DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM COMPUTER NETWORKS. 1. the Consulting Services provided pursuant 5.2 TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. 5.3 If you have any basis for recovering damages (including breach of these terms), to the Agreement will be performed in a timely and professional manner extent permitted by IJJCorp and its Consulting Services Personnelthe applicable law, consistent with generally-accepted industry standards; provided you agree that Subscriber’s sole and your exclusive remedy is to recover, from N2N or any affiliates, resellers, distributors and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred. To the extent permitted by the applicable law, you can't recover any (i) consequential losses or damages; (ii) loss of actual or anticipated profits (whether direct or indirect); (iii) loss of actual or anticipated income (whether direct or indirect); (iv) loss of contract or business or other losses or damages arising from your use of the Services; (v) special, indirect, incidental or punitive losses or damages; and (vi) to the extent permitted by law, direct losses or damages in excess of the caps specified above. 5.4 N2N is not responsible or liable for any breach failure to perform or delay in performing its obligations under these terms to the extent that the failure or delay is caused by circumstances beyond N2N’s reasonable control (such as labour disputes, acts of this warranty will beGod, at IJJCorp’s optionwar or terrorist activity, re-performance of the Consulting Services malicious damage, accidents or termination of the compliance with any applicable SOW and return of the portion of the Fees paid to IJJCorp by Subscriber for the nonconforming portion of the Consulting Services; and 2. it is under no contractual law or other restrictions or obligations which are inconsistent with the execution of the Agreement, or, to its best knowledge, which will interfere with its performance of the Consulting Servicesgovernment order). 6.2 NOTWITHSTANDING SECTION 10.2 OF THE AGREEMENT, THE IJJCorp GROUP’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY CONSULTING SERVICES, SHALL IN NO EVENT EXCEED THE FEES PAID BY SUBSCRIBER UNDER THE APPLICABLE SOW. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 6.2 IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE IJJCorp GROUP WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CONSULTING SERVICES PROVIDED UNDER THE AGREEMENT. 6.3 The Parties hereby agree that:

Warranties Limitation of Liability. 6.1 IJJCorp hereby Bliss warrants and represents that it has the skill and warrants that: 1. experience necessary to complete the Consulting Services provided pursuant to the Agreement will be performed in a timely and professional manner pursuant to the parameters and term set forth within this Agreement. EXCEPT AS SPECIFICALLY WARRANTED IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, BLISS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED), INCLUDING ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You acknowledge and agree that, to the extent permitted by IJJCorp applicable law, Bliss’ sole liability for any default under this Agreement’s terms shall be strictly limited to the total Service Fee actually received by Bliss from you and its Consulting Services Personnelshall not extend to the cost of materials supplied by you or any postage paid for the mailing of any printed material. NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER IN CONNECTION WITH THIS AGREEMENT OR ITS CONDUCT PURSUANT TO THIS AGREEMENT, consistent with generally-accepted industry standards; provided that Subscriber’s sole and exclusive remedy FOR ANY LOST PROFITS OR REVENUE OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, OR LOST DATA) HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT OR OTHER THEORY OF LIABILITY. IT IS ACKNOWLEDGED BY THE PARTIES THAT NOTHING IN THIS SECTION SHALL LIMIT A PARTY’S OBLIGATION TO PAY AMOUNTS ALREADY DUE AND OWING TO THE OTHER PARTY. In addition to the foregoing, under no circumstance shall Bliss be liable for any breach of this warranty will beor failure caused by any failure in third party services, at IJJCorp’s option, re-performance misuse of the Consulting Services Deliverables, your negligence or termination any other cause outside of the applicable SOW and return of the portion of the Fees paid to IJJCorp by Subscriber for the nonconforming portion of the Consulting Services; and 2. it is under no contractual or other restrictions or obligations which are inconsistent with the execution of the Agreement, or, to its best knowledge, which will interfere with its performance of the Consulting ServicesBliss’ reasonable control. 6.2 NOTWITHSTANDING SECTION 10.2 OF THE AGREEMENT, THE IJJCorp GROUP’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY CONSULTING SERVICES, SHALL IN NO EVENT EXCEED THE FEES PAID BY SUBSCRIBER UNDER THE APPLICABLE SOW. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 6.2 IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE IJJCorp GROUP WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CONSULTING SERVICES PROVIDED UNDER THE AGREEMENT. 6.3 The Parties hereby agree that:

Warranties Limitation of Liability. 6.1 IJJCorp hereby SunPower represents and warrants that: 1that all Products supplied by SunPower under this Agreement shall be (i) free from liens and defects in title that prevent their distribution to or by SunPower and (ii) free from any defects in materials and workmanship. SunPower further represents and warrants that the Consulting Services provided pursuant Products sold by SunPower to the Agreement will be performed JVC shall meet the Specifications. 6.2 Without prejudice to any other rights the JVC may have under this Agreement, if SunPower’s warranty in a timely and professional manner by IJJCorp and its Consulting Services PersonnelSection 6.1 is breached, consistent with generally-accepted industry standards; provided that Subscriberthe JVC, at the JVC’s sole and exclusive remedy for any breach of this warranty will be, at IJJCorp’s option, re-performance of the Consulting Services or termination may by written notice (i) demand and receive a refund of the applicable SOW and return of purchase price (or the portion of the Fees paid applicable purchase price applicable to IJJCorp by Subscriber for the nonconforming returned Products) upon the return (at SunPower’s sole cost) of all or a portion of the Consulting Services; andProducts which fail to conform to SunPower’s warranty in Section 6.1 and/or (ii) demand and receive replacement for the Products which fail to conform to SunPower’s warranty in Section 6.1. 2. it is under no contractual 6.3 In case the JVC exercises its right to return all or other restrictions or obligations which are inconsistent with the execution a portion of the AgreementProducts pursuant to Section 6.2, or, to its best knowledge, which will interfere with its performance SunPower shall immediately repay the applicable purchase price (or the portion of the Consulting Servicesapplicable purchase price applicable to the returned Products) by wire transferring such purchase price into a bank account designated by the JVC, and SunPower shall bear and pay all banking charges related to such payment. In case the JVC exercises its right to demand replacement pursuant to Section 6.2, Supplier shall, as soon as practicable, deliver (or cause to be delivered) the replacement to the location designated by the JVC, and SunPower shall bear and pay all fees and expenses associated with such delivery. 6.2 NOTWITHSTANDING SECTION 10.2 OF 6.4 In case of SunPower’s breach of its obligations hereunder, the Confirmed Ingot Delivery Schedule shall be automatically revised to allow the JVC to enjoy additional time as may be necessary to produce and manufacture the Ingots. 6.5 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE AGREEMENTOTHER PARTY FOR ANY SPECIAL, THE IJJCorp GROUP’S AGGREGATE LIABILITY EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE RESULTING FROM OR RELATED TO THIS AGREEMENT (WHETHER OR OTHERWISE IN CONNECTION WITH NOT A PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY CONSULTING SERVICES, SHALL IN NO EVENT EXCEED THE FEES PAID BY SUBSCRIBER UNDER THE APPLICABLE SOW. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 6.2 IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE IJJCorp GROUP WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CONSULTING SERVICES PROVIDED UNDER THE AGREEMENTSUCH DAMAGES). 6.3 The Parties hereby agree that:6.6 Without prejudice to any other rights SunPower may have under this Agreement, notwithstanding anything to the contrary contained in this Agreement, if the JVC (without having received written authorization or consent of SunPower) sells or otherwise transfers to a third party (i.e., to a Person other than SunPower Corp. or any subsidiary or designee of SunPower Corp.) any of the Product supplied hereunder in its raw form and if as a result of such sale or other transfer the amount of the Basket equals or exceeds five (5) metric tons, then (i) the JVC shall pay to SunPower, within 30 days after the date of such sale or other transfer, an amount equal to the product of (A) the Product price then applicable as set forth in Schedule 2, (B) the amount of the Basket as of the time of such sale or other transfer (taking into account such sale or other transfer), and (C) the Payment Factor and (ii) the amount of the Basket shall be reset to (and be deemed to be) zero (0) as of immediately after such sale or other transfer.

Warranties Limitation of Liability. 6.1 IJJCorp hereby represents 7.1 Each Party acknowledges that the other Party is not in the business of providing Services and warrants that: 1. the Consulting that Services are being provided pursuant to this Agreement as an accommodation to the Agreement other Party. In no event will either Party be performed liable for any error or omission in a timely and professional manner by IJJCorp and its Consulting rendering Services Personnelunder this Agreement, consistent with generally-accepted industry standards; provided that Subscriber’s or for any defect in the Services rendered. Each Party's sole and exclusive remedy and the other Party's sole and exclusive liability for any breach of Section 3 or Section 4 of this warranty will beAgreement, at IJJCorp’s option, re-performance of the Consulting Services and for any damages suffered or termination of the applicable SOW and return of the portion of the Fees paid to IJJCorp by Subscriber for the nonconforming portion of the Consulting Services; and 2. it is under no contractual incurred directly or other restrictions or obligations which are inconsistent indirectly in connection with the execution provision of Services hereunder (whether any claim related to such damages arises in contract, in tort, by statute or otherwise), shall be the Agreement, or, to its best knowledge, which will interfere with its prompt and proper performance by the providing Party of the Consulting such Services. 6.2 NOTWITHSTANDING SECTION 10.2 7.2 NEITHER OF THE AGREEMENTPARTIES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE IJJCorp GROUP’S AGGREGATE LIABILITY ARISING OUT SERVICES TO BE PERFORMED HEREUNDER BY IT OR THE RESULTS OBTAINED THEREBY. WITHOUT LIMITING THE GENERALITY OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY CONSULTING SERVICESTHE FOREGOING, SHALL IN UNDER NO EVENT EXCEED CIRCUMSTANCES, INCLUDING THE FEES PAID BY SUBSCRIBER UNDER THE APPLICABLE SOW. EACH PARTY ACKNOWLEDGES AND AGREES THAT FAILURE OF THE ESSENTIAL PURPOSE OF THIS SECTION 6.2 IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN ANY REMEDY, NEITHER OF THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN SHALL BE LIABLE FOR ANY LOST PROFITS, PENALTIES, INTEREST OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED BY THE FEESPERFORMANCE OF, WHICH WOULD HAVE ANY DELAY IN PERFORMING, FAILURE TO PERFORM OR DEFECTS IN PERFORMANCE OF, THE SERVICES CONTEMPLATED TO BE PERFORMED BY IT PURSUANT TO THIS AGREEMENT, REGARDLESS OF WHETHER A PARTY HAS BEEN SUBSTANTIALLY HIGHER IF ADVISED OF THE IJJCorp GROUP WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CONSULTING SERVICES PROVIDED UNDER THE AGREEMENTPOSSIBILITY OF SUCH DAMAGES. 6.3 The Parties hereby agree that:

Warranties Limitation of Liability. 6.1 IJJCorp hereby Company represents and warrants that: 1. that (i) the Consulting Services shall be provided pursuant to the Agreement will be performed in a timely good and professional manner workmanlike manner; and (ii) the Services shall be provided by IJJCorp Company in accordance with all applicable federal, state and its Consulting Services Personnellocal law, consistent with generally-accepted industry standards; provided ordinances, regulations and codes that Subscriber’s sole and exclusive remedy for any breach of this warranty will be, at IJJCorp’s option, re-are relevant to their performance of the Consulting Services or termination of the applicable SOW and return of the portion of the Fees paid to IJJCorp by Subscriber for the nonconforming portion of the Consulting Services; and 2. it is their respective obligations under no contractual or other restrictions or obligations which are inconsistent with the execution of the this Agreement, orincluding the CAN-SPAM Act (collectively, to its best knowledge“Applicable Laws”). EXCEPT AS EXPRESSLY PROVIDED HEREIN, which will interfere with its performance of the Consulting Services. 6.2 NOTWITHSTANDING SECTION 10.2 AMPUSH MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMAITON AND THE AGREEMENTLIKE, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, INCURRED BY THE IJJCorp GROUP’S AGGREGATE LIABILITY OTHER PARTY ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, BOTH PARTIES AGREE THAT AMPUSH’S AGGREGATE LIABLITY HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY CONSULTING SERVICESTHE SUBJECT MATTER HEREOF OR THEREOF, SHALL SHALL, IN NO EVENT EVENT, EXCEED THE FEES PAID OR PAYABLE BY SUBSCRIBER AMPUSH UNDER THE APPLICABLE SOWTHIS AGREEMENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT COMPANY’S AGREEMENT TO THE ESSENTIAL PURPOSE OF FOREGOING DISCLAIMERS AND LIMITATION IS A MATERIAL INDUCEMENT FOR AMPUSH TO ENETER INTO THIS SECTION 6.2 IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AGREEMENT, AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE IJJCorp GROUP WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IJJCorp HAS RELIED ON THESE COMPANY AGREES THAT SUCH DISCLAIMERS AND LIMITATIONS IN DETERMINING WHETHER TO PROVIDE SUBSCRIBER WITH THE CONSULTING SERVICES PROVIDED UNDER THE AGREEMENTARE REASONABLE. 6.3 The Parties hereby agree that: