Common use of WARRANTIES & REPRESENTATIONS Clause in Contracts

WARRANTIES & REPRESENTATIONS. CUSTOMER acknowledges that LOOMIS is not the manufacturer of the Safe and further agrees that any and all warranties on the Safe are limited to those warranties extended by manufacturer. The complete details of such warranty are available from your service representative. The remedy above shall be the EXCLUSIVE remedy in the event of a breach of this warranty or in the event of damages, action, demand or fee arising from malfunction or latent defect of the Safe, and it is expressly agreed that neither party shall be liable for special, incidental, indirect or consequential damages arising out of, or in any way connected with this Agreement. THIS LIMITED WARRANTY EXCLUDES ALL OTHER WARRANTIES; EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT SUCH PURPOSES OR SPECIFICATIONS ARE DESCRIBED HEREIN. LOOMIS FURTHER DISCLAIMS ANY DAMAGE OR LOSS OF PROPERTY OR VALUE CAUSED BY EQUIPMENT WHICH HAVE BEEN THE SUBJECT OF MISUSE, ABUSE, NEGLIGENCE, OR USED IN VIOLATION OF ANY PRODUCT MANUALS, INSTRUCTIONS OR WARNINGS, OR MODIFIED REPAIRED OR SERVICED BY PERSONS NOT AUTHORIZED BY LOOMIS OR THE MANUFACTURER, OR IMPROPERLY RELOCATED. ALL OBLIGATIONS OF LOOMIS UNDER THIS AGREEMENT SHALL BE VOID IF CUSTOMER IS IN BREACH OF ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. For Validated Cash, LOOMIS guarantees that the amount reflected on any Safe’s audit report will accurately reflect the contents of the Safe. LOOMIS shall not be responsible or liable for any consequential, indirect, punitive, lost profits or similar damages or losses caused by a malfunction, software failure or failure of equipment to work properly for any reason whatsoever. In addition, CUSTOMER agrees that under no circumstances will LOOMIS be liable for any loss of funds to the extent that such loss of funds arises from the removal, theft, damage to or unlawful taking of any Tidel Series 3 model safe, or smaller model or any safe that is materially similar in dimensions and size (a “Series 3 Non- Covered Loss” or “Non-Covered Loss”). Furthermore, to the extent that CUSTOMER’S banking institution has advanced provisional credit, CUSTOMER agrees to notify its banking institution and reverse the provisional credit so that CUSTOMER may be debited for any Series 3 Non-Covered Loss. And, in the event that any bank providing provisional credit files a claim against LOOMIS for a Series 3 Non-Covered Loss, CUSTOMER also agrees to fully reimburse LOOMIS within ten (10) business days of LOOMIS’ request.

WARRANTIES & REPRESENTATIONS. a. CUSTOMER acknowledges that LOOMIS is not the manufacturer of the Safe Recycler and further agrees that any and all warranties on the Safe Recycler are limited to those warranties extended by manufacturer. The complete details of such warranty are available from your service representative. The remedy above shall be the EXCLUSIVE remedy in the event of a breach of this the manufacturer’s warranty or in the event of damages, action, demand or fee arising from malfunction or latent defect of the SafeRecycler, and it is expressly agreed that neither party shall be liable for special, incidental, indirect or consequential damages arising out of, or in any way connected with this Agreement. THIS LIMITED WARRANTY EXCLUDES ALL OTHER WARRANTIES; EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT SUCH PURPOSES OR SPECIFICATIONS ARE DESCRIBED HEREIN. XXXXXX ALSO DOES NOT WARRANT THAT THE EQUIPMENT OR SOFTWARE WILL MEET CUSTOMER’S PARTICULAR REQUIREMENTS. XXXXXX DOES NOT WARRANT THAT THE RECYCLER OR CUSTOMER’S LIMITED RIGHT TO USE THE SOFTWARE WILL BE UNINTERREUPTED OR ERROR- FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. LOOMIS FURTHER DISCLAIMS ANY DAMAGE OR LOSS OF PROPERTY OR VALUE CAUSED BY EQUIPMENT WHICH HAVE BEEN THE SUBJECT OF MISUSE, ABUSE, NEGLIGENCE, OR USED IN VIOLATION OF ANY PRODUCT MANUALS, INSTRUCTIONS OR WARNINGS, OR MODIFIED REPAIRED OR SERVICED BY PERSONS NOT AUTHORIZED BY LOOMIS OR THE MANUFACTURER, OR IMPROPERLY RELOCATED. NO ORAL OR WRITTEN INFORMATION, MARKETING OR PROMOTIONAL MATERIALS, OR ADVICE GIVEN BY LOOMIS OR LOOMIS’ AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES PROVIDED HEREIN. ALL OBLIGATIONS OF LOOMIS UNDER THIS AGREEMENT SHALL BE VOID IF CUSTOMER IS IN ISIN BREACH OF ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. AND x. XXXXXX hereby grants to CUSTOMER and CUSTOMER’s authorized users, solely for internal purposes and for the purposes of using the Recycler, and not for resale or publication, a limited, non-exclusive, non-sublicensable, non-transferable, fully-paid, royalty-free license to use the software installed on the Recycler. c. For Validated Cash, LOOMIS guarantees that the amount reflected on any SafeRecycler’s audit report will accurately reflect the contents of the SafeRecycler. LOOMIS shall not be responsible or liable for any consequential, indirect, punitive, lost profits or similar damages or losses caused by a malfunction, software failure or failure of equipment Equipment to work properly for any reason whatsoever. In addition, CUSTOMER agrees that under no circumstances will LOOMIS be liable for any loss of funds whatsoever to the extent that such loss of funds arises from the removal, theft, damage permitted by Tennessee law. d. With regard to or unlawful taking of any Tidel Series 3 model safe, or smaller model or any safe that is materially similar in dimensions and size (a “Series 3 Non- Covered Loss” or “Non-Covered Loss”). Furthermore, Recyclers which may be subject to the extent that CUSTOMER’S banking institution has advanced provisional creditthis Agreement, CUSTOMER understands and agrees to notify its banking institution and reverse that, under no circumstances, will LOOMIS have any liability whatsoever for cash which is placed within the provisional credit so that Recycler as part of an initial delivery or replenishment order or for cash which Recycling Cassettes or other compartmentswhere CUSTOMER may be debited for any Series 3 Non-Covered Loss. And, in the event that any bank providing provisional credit files a claim against LOOMIS for a Series 3 Non-Covered Loss, CUSTOMER also agrees to fully reimburse LOOMIS within ten (10) business days of LOOMIS’ requesthas access.

WARRANTIES & REPRESENTATIONS. CUSTOMER acknowledges that LOOMIS is not the manufacturer of the Safe and further agrees that any and all warranties on the Safe are limited to those warranties extended by manufacturer. The complete details of such warranty are available from your service representative. The remedy above shall be the EXCLUSIVE remedy in the event of a breach of this the manufacturer’s warranty or in the event of damages, action, demand or fee arising from malfunction or latent defect of the Safe, and it is expressly agreed that neither party shall be liable for special, incidental, indirect or consequential damages arising out of, or in any way connected with this Agreement. THIS LIMITED WARRANTY EXCLUDES ALL OTHER WARRANTIES; EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT SUCH PURPOSES OR SPECIFICATIONS ARE DESCRIBED HEREIN. LOOMIS FURTHER DISCLAIMS ANY DAMAGE OR LOSS OF PROPERTY OR VALUE CAUSED BY EQUIPMENT WHICH HAVE BEEN THE SUBJECT OF MISUSE, ABUSE, NEGLIGENCE, OR USED IN VIOLATION OF ANY PRODUCT MANUALS, INSTRUCTIONS OR WARNINGS, OR MODIFIED REPAIRED OR SERVICED BY PERSONS NOT AUTHORIZED BY LOOMIS XXXXXX OR THE MANUFACTURER, OR IMPROPERLY RELOCATED. ALL OBLIGATIONS OF LOOMIS UNDER THIS AGREEMENT SHALL BE VOID IF CUSTOMER IS IN BREACH OF ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. For Validated Cash, LOOMIS guarantees that the amount reflected on any Safe’s audit report will accurately reflect the contents of the Safe. LOOMIS shall not be responsible or liable for any consequential, indirect, punitive, lost profits or similar damages or losses caused by a malfunction, software failure or failure of equipment to work properly for any reason whatsoever. In addition, CUSTOMER agrees that under no circumstances will LOOMIS be liable for any loss of funds to the extent that such loss of funds arises from the removal, theft, damage to or unlawful taking of any Tidel Series 3 model safe, or smaller model or any safe that is materially similar in dimensions and size (a “Series 3 Non- Covered Loss” or “Non-Covered Loss”). Furthermore, to the extent that CUSTOMER’S banking institution has advanced provisional credit, CUSTOMER agrees to notify its banking institution and reverse the provisional credit so that CUSTOMER may be debited for any Series 3 Non-Covered Loss. And, in the event that any bank providing provisional credit files a claim against LOOMIS for a Series 3 Non-Covered Loss, CUSTOMER also agrees to fully reimburse LOOMIS within ten (10) business days of LOOMIS’ request.