Common use of Warranties Clause in Contracts

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/AGENCY MAKES NO REPRESENTATIONS OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KINDANYKIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WITH RESPECT TO WARRANTIES OF TITLETHE GATEWAY SERVICE OR THE SERVICE INFORMATION, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING SUPPORT OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, SERVICES PROVIDED BY APPRISS INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT, NONAND APPRISS EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES. APPRISS DOES NOT WARRANT THAT: (a) THE GATEWAY SERVICE WILL OPERATE UNINTERRUPTED; (b) ALL GATEWAY SERVICE ERRORSCAN BE CORRECTED; (c) THE GATEWAY SERVICE MEETS ALL OF SUBSCRIBING ORGANIZATION’S BUSINESS REQUIREMENTS; OR (d) THE PMP DATA IS COMPLETE, ACCURATE OR ERROR-INFRINGEMENTFREE. SUBSCRIBING ORGANIZATION ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE SUITABILITY OF THE GATEWAY SERVICE FOR ITS REQUIREMENTS. SUBSCRIBING ORGANIZATION ACKNOWLEDGES AND AGREES THAT PMP DATA IS PROVIDED BY THE PMPs. NEITHER APPRISS NOR ITS LICENSORS SHALL HAVE ANY LIABILITY IN THE EVENT THAT A PMP DENIES SUBSCRIBING ORGANIZATION’SREQUEST TO ACCESS PMP DATA OR REVOKES SUBSCRIBING ORGANIZATION’S ACCESS TO PMP DATA, SYSTEM INTEGRATION, OR IF PMP DATA ACCURACY OR QUIET ENJOYMENTIS UNAVAILABLE FOR ANY REASON. SUBSCRIBING ORGANIZATION ACCEPTS THE PMP DATA AND ANY PRESCRIPTION HISTORY SERVICES BASED ON THE PMP DATA ON AN “AS IS” “AS AVAILABLE” BASIS.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM GOODS AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KINDAND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS EXCEPT FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY, CONDITION OR GUARANTEE THAT CANNOT BE EXCLUDED BY APPLICABLE LAW, ALL WARRANTIES IMPLIED OR OTHERWISE NOT STATED IN THIS SECTION 7 ARE EXCLUDED. NO ADVICE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY SUCH WARRANTIES, CONDITIONS OR INFORMATION GIVEN BY BANKGUARANTEES WHICH CANNOT BE LAWFULLY EXCLUDED, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK OXFORD NANOPORE DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENTMAKE, AND BANK DOES NOT MAKE HEREBY DISCLAIMS, ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTREPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDINGREGARDING THE ACCURACY, BUT NOT LIMITED TOADEQUACY, THE IMPLIED WARRANTIES OF TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTINFRINGEMENT OF ANY KIND WITH RESPECT TO THE GOODS AND SOFTWARE, SYSTEM INTEGRATIONINCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE (INCLUDING ANY PURPOSE RELATING TO A CUSTOMER’S LEGAL OR REGULATORY COMPLIANCE OBLIGATIONS). WITHOUT LIMITATION OF THE FOREGOING, OXFORD NANOPORE EXPRESSLY DOES NOT WARRANT THAT THE GOODS OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE GOODS OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR THE RESULTS OBTAINED FROM YOUR USE OF THE GOODS AND SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE GOODS AND THE SOFTWARE. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by Oxford Nanopore or its agents which is not set out in this Contract. Oxford Nanopore makes no warranty or representation and gives no indemnity in respect of any third party's products, whether or not obtained from Oxford Nanopore. Oxford Nanopore’s supply of any such third party-produced products will be subject to separate terms and conditions of the manufacturer or licensor, which will be specified at the time of purchase in relation to such product. CERTAIN OF THE SOFTWARE LICENSED HEREUNDER MAY BE A BETA RELEASE AND MAY CONTAIN DEFECTS. THE PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE, THE IDENTIFICATION OF DEFECTS AND SUGGESTIONS FOR ADDITIONAL FEATURES. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING DOCUMENTATION AND MATERIALS. IT IS POSSIBLE THAT THE USE OF THE GOODS MAY RESULT IN DATA ACCURACY THAT CANNOT BE INTERPRETED WITH THE SOFTWARE. SUBJECT TO OTHER PROVISIONS HEREIN, YOU MAY DEVELOP SOFTWARE TO INTERPRET DATA GENERATED USING THE SEQUENCING KIT PROVIDED BY OXFORD NANOPORE OR QUIET ENJOYMENTA CUSTOM SAMPLE PREPARATION. Any samples, training materials, descriptive material or advertising related to the Goods, whether or not, produced by Oxford Nanopore and any descriptions contained in or on the Oxford Website or in Oxford Nanopore’s marketing materials or product literature are produced for the purpose of general information only and shall not form part of this Contract or have any contractual force.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE VOLUME INFORMATION (as described in Kyäni's Global Compensation Plan) IS PROVIDED ON AN “AS IS” BASIS " WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT NOT LIMITED TO, THE IMPLIED WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEUSE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYSTEM INTEGRATIONKYÄNI AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY BUSINESS PARTNER OR ANYONE ELSE FOR ANY DIRECT, DATA ACCURACY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR QUIET ENJOYMENTPUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF KYÄNI OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, KYÄNI OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO. Access to and use of Kyäni's online and telephonic information services is at your own risk. All Information is provided to you “as is”. If you are dissatisfied with the information, your sole and exclusive remedy is to discontinue use of and access to Kyäni's online and telephone information services.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINThe BUYER is solely responsible for specifying to the SELLER the type, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND grade and quantity of Marine Fuel to be supplied under this Agreement. The SELLER warrants only that the Marine Fuel supplied shall conform to the specifications stated in the SELLER’s signed confirmation document, and that SELLER will convey to BUYER title thereto free and clear of all taxes, liens and encumbrances existing or in favor of any third parties. ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDWARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTWORKMANLIKE PERFORMANCE, SYSTEM INTEGRATIONOR OTHER WARRANTY OF QUALITY AND ANY OTHER CONDITIONS AND AGREEMENTS WHATSOEVER (WHETHER STATUTORY OR OTHERWISE) ARE EXPRESSLY EXCLUDED AND DISCLAIMED BY THE SELLER AND THE SELLER’S AGENTS MAKE NO WARRANTIES WHICH EXTEND BEYOND THE EXPLICIT DESCRIPTION CONTAINED IN THIS AGREEMENT. THE BUYER’S SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO REPLACEMENT OF MARINE FUEL BY THE SELLER OR REIMBURSEMENT OF PURCHASE PRICE BY THE SELLER, DATA ACCURACY LESS THE PROCEEDS OF ANY SALE OF THE MARINE FUEL WHICH THE BUYER MAY HAVE EFFECTED. REASONABLE REPLACEMENT COSTS SHALL BE FOR THE SELLER’S ACCOUNT UNLESS THE SELLER PROVIDES DUE NOTICE TO THE BUYER THAT THE SELLER DEEMS THE BUYER’S REJECTION OF MARINE FUEL TO BE WRONGFUL OR QUIET ENJOYMENTIN VIOLATION OF THIS AGREEMENT. THE BUYER’S SOLE REMEDY, AS SET FORTH ABOVE, IS TO THE EXCLUSION OF ALL OTHER REMEDIES, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OR USE, DETENTION AND ALL OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING INJURY OR DAMAGE (i) TO VESSELS WHICH THE BUYER REPRESENTS OR IS RESPONSIBLE FOR AS AGENT, (ii) TO CONTENTS AND EQUIPMENT OF SUCH VESSELS, (iii) TO CARGO OR TO PERSONS ABOARD SUCH VESSELS OR ADJACENT THERETO, (iv) LOSS OF PROFIT, DELAYS, OR (v) ALL OTHER DAMAGES OF LIKE OR DIFFERENT KIND SUFFERED BY REASON OF THE PROVISION OF MARINE FUEL OR MECHANICAL FAILURE CAUSED BY SAID MARINE FUEL, AND WHETHER OR NOT OCCASIONED BY THE SELLER’S NEGLIGENCE. IF ANY PORTION OF THIS PARAGRAPH SHALL FOR ANY REASON BE DETERMINED TO BE VOID OR UNENFORCEABLE, THE REMAINDER OF THIS PARAGRAPH SHALL REMAIN IN FULL FORCE AND EFFECT.

Warranties. DT WARRANTS THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER AND IN ACCORDANCE WITH ANY WRITTEN DOCUMENTATION OR PRODUCT DESCRIPTIONS PROVIDED BY DT OR OTHERWISE MADE AVAILABLE ON DT'S WEBSITE. CUSTOMER'S EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT THE SOLE DISCRETION OF DT, THE RESTORATION OF THE SERVICE IN A MANNER THAT CONFORMS TO THESE WARRANTIES OR THE TERMINATION OF THE SERVICE AND THIS AGREEMENT AND A PRO RATA REFUND OF ANY PRE-PAID SUBSCRIPTION FEES PAID BY CUSTOMER FOR THE NON-CONFORMING SERVICES FOR THE PERIOD OF NON-CONFORMANCE. EXCEPT AS SPECIFICALLY SET FORTH HEREINPROVIDED ABOVE, ALL INFORMATION, DOCUMENTATION AND SERVICES PROVIDED BY DT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND CUSTOMER EXPRESSLY AGREES THAT ITS USE OF THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH SERVICE IS AT ITS OWN RISK. TO THE SYSTEM AND MAXIMUM EXTENT PERMITTED BY LAW, DT EXPRESSLY DISCLAIMS ALL OTHER SERVICESWARRANTIES, CONDITIONS, REPRESENTATIONS, AND EQUIPMENT PROVIDEDGUARANTEES WITH RESPECT TO THE SERVICE, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING ARISING BY LAW, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLEMERCHANTABILITY, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DT MAKES NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT WARRANTY THAT THE SYSTEM SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, 'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE TIMELY OR ERROR FREE FREE. NOR DOES DT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT THE ACCURACY OF ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER OTHER INFORMATION OBTAINED THROUGH THE INTERNET MAY NOT BE SECURESERVICE. CUSTOMER FURTHER ACKNOWLEDGES UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM SERVICE IS DONE AT CUSTOMER’S 'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR ANY COMPUTER MACHINES SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION DOWNLOAD OF SUCH MATERIALS MATERIAL AND/OR DATA. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICES, WHETHER MADE BY EMPLOYEES OF DT OR OTHERWISE, WHICH IS NOT CONTAINED IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY DT FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF DT WHATSOEVER. MENTION OF ANY NON-DT PRODUCTS OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND BANK DOES NOT MAKE ANY CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION. IN THE EVENT THAT APPLICABLE LAW LIMITS THE EXCLUSION OF IMPLIED WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOABOVE, THE IMPLIED WARRANTIES MAXIMUM AMOUNT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTEXCLUSIONS ALLOWED UNDER APPLICABLE LAW SHALL BE APPLIED.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, CUSTOMER REPRESENTS AND WARRANTS TO THE SYSTEM CUSTODIAN THAT: (A) CUSTOMER AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED ITS USERS WILL ONLY USE THE SERVICE FOR LAWFUL PURPOSES AND IN CONNECTION ACCORDANCE WITH THE SYSTEM CUSTODIAN’S REASONABLE INSTRUCTIONS, RULES, POLICIES, SPECIFICATIONS, TERMS AND ALL OTHER SERVICESCONDITIONS, AND EQUIPMENT PROVIDEDOPERATING PROCEDURES, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDWELL AS ALL ELECTRONIC FUNDS TRANSFER LAWS AND REGULATIONS AND INDUSTRY RULES, INCLUDING BUT NOT LIMITED TO WARRANTIES THE OPERATING RULES AND GUIDELINES OF TITLETHE NATIONAL CLEARING HOUSE ASSOCIATION AND CARD ASSOCIATION RULES, NONINFRINGEMENTIF APPLICABLE, SYSTEM INTEGRATIONAND WILL NOT VIOLATE ANY LAW OF ANY COUNTRY OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (B) CUSTOMER AND ITS USERS WILL NOT (I) PROVIDE, DATA ACCURACYDISCLOSE, QUIET ENJOYMENTDIVULGE OR MAKE AVAILABLE TO, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE PERMIT USE OF THE SERVICE BY, ANY THIRD PARTY; WITHOUT THE CUSTODIAN’S PRIOR WRITTEN CONSENT OR INFORMATION GIVEN BY BANKAS EXPRESSLY AUTHORIZED HEREIN (II) ENGAGE IN SPAMMING, ITS AFFILIATES MAILBOMBING, SPOOFING OR ITS CONTRACTORS ANY OTHER FRAUDULENT, ILLEGAL OR THEIR RESPECTIVE EMPLOYEES WILL CREATE UNAUTHORIZED USE OF THE SERVICE; (III) INTRODUCE OR TRANSMIT, WITHOUT LIMITATION, THROUGH THE SERVICE, OR OTHERWISE, “JUNK MAIL”, “CHAIN LETTERS” ANY WARRANTY. NO ADVICE VIRUS, WORM, OR INFORMATION GIVEN BY BANKOTHER DESTRUCTIVE ELEMENT; (IV) REMOVE, ITS AFFILIATES OBSCURE OR ITS CONTRACTORS ALTER ANY COPYRIGHT NOTICE, TRADEMARKS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE OTHER PROPRIETARY RIGHTS NOTICES AFFIXED TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT CONTAINED WITHIN THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURESERVICE. CUSTOMER FURTHER ACKNOWLEDGES REPRESENTS AND AGREES WARRANTS TO THE CUSTODIAN THAT CUSTOMER HAS ACCURATELY DESIGNATED IN WRITING TO THE CUSTODIAN THE GEOGRAPHIC LOCATION OF ITS USERS AND SHALL PROVIDE ANY MATERIAL AND/UPDATES OR DATA UPLOADEDCHANGES TO SUCH INFORMATION TO THE CUSTODIAN. WITH RESPECT TO THE OBLIGATIONS OF CUSTOMER UNDER THIS SECTION, DOWNLOADED OR OTHERWISE OBTAINED THROUGH CUSTOMER SHALL BE RESPONSIBLE FOR, AND SHALL INDEMNIFY, DEFEND AND HOLD THE CUSTODIAN HARMLESS FROM AND AGAINST, ANY AND ALL CLAIMS, DAMAGES, COSTS, DEMANDS, EXPENSES, LIABILITIES AND LOSSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES AND ANY AND ALL FINES AND PENALTIES, ARISING FROM THE (1) USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT SERVICE OR (2) ACCESS OF THE SERVICE BY CUSTOMER WILL BE SOLELY RESPONSIBLE FOR OR ITS USERS IN GEOGRAPHIC LOCATIONS OTHER THAN THOSE DESIGNATED BY CUSTOMER IN WRITING TO THE CUSTODIAN. SHOULD CUSTOMER RECEIVE NOTICE OF ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM CLAIM REGARDING THE UPLOADINGSERVICE, DOWNLOADING OR OTHER TRANSMISSION CUSTOMER SHALL PROMPTLY PROVIDE THE CUSTODIAN WITH A WRITTEN NOTICE OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTCLAIM.

Warranties. EXCEPT AS SPECIFICALLY ANY WARRANTIES WITH RESPECT TO DEVICES ARE SET FORTH HEREININ THE SUPPLEMENTAL TERMS. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED HEREIN AND IN THE SUPPLEMENTAL TERMS, THE SYSTEM ALL PRODUCTS AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, SERVICES ARE PROVIDED ON AN “AS IS.” BASIS VERIFONE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT OF THIRD- PARTY RIGHTS. VERIFONE DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES, OR ANY COMPONENT THEREOF, WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCTS OR SERVICES, OR ANY COMPONENT THEREOF, WILL BE UNINTERRUPTED OR ENTIRELY ERROR FREE. YOU ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES DOES VERIFONE REPRESENT OR WARRANT THAT ALL ERRORS IN ANY SOFTWARE CAN BE REMEDIED. VERIFONE MAY, FROM TIME TO TIME, PROVIDE ITS ROADMAP OR PROJECTED IMPLEMENTATIONS FOR THE PRODUCTS OR SERVICES; SUCH INFORMATION IS NOT BINDING ON VERIFONE AND YOU SHOULD NOT RELY ON SUCH INFORMATION. NO ADVICE OR INFORMATION GIVEN OBTAINED BY BANK, ITS AFFILIATES YOU FROM VERIFONE OR ITS CONTRACTORS FROM ANY OTHER PARTY ABOUT THE PRODUCTS OR THEIR RESPECTIVE EMPLOYEES WILL SERVICES SHALL CREATE ANY WARRANTY. NO ADVICE NOTHING IN THESE TERMS AND CONDITIONS OPERATES TO EXCLUDE, RESTRICT, OR INFORMATION GIVEN BY BANKMODIFY THE APPLICATION OF ANY IMPLIED CONDITION, ITS AFFILIATES WARRANTY, OR ITS CONTRACTORS GUARANTEE, OR THEIR RESPECTIVE EMPLOYEES WILL CREATE THE EXERCISE OF ANY WARRANTY. BANK ACCEPTS NO RIGHT OR REMEDY, OR THE IMPOSITION OF ANY LIABILITY FOR UNDER LAW WHERE TO DO SO WOULD CONTRAVENE THAT LAW OR CAUSE ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TERM OF THESE TERMS AND CONDITIONS TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTVOID.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN6.1 Although the Bank attempts to provide accurate Contents on the Service, we make no representation, endorsement, or warranty that such Contents are accurate and complete or that the Contents or the Service are suitable for any particular purpose. In this regard, you are hereby advised that you should confirm directly with your Private Banker any Contents of the Service on which you plan to rely. THE SYSTEM SERVICE AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS BASIS. USE OF THE SERVICE AND ITS CONTENTS IS AT YOUR SOLE RISK. THE SERVICE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KINDKIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ANY WARRANTIES RELATING TO TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITYWARRANTIES, CONDITIONS OR OTHER TERMS RELATING TO MERCHANTABILITY SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT, NON-INFRINGEMENTWITH THE SOLE EXCEPTION OF WARRANTIES, SYSTEM INTEGRATIONCONDITIONS OR OTHER TERMS (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. WE DO NOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, INFORMATION THAT YOU TRANSMIT TO THE SERVICE OR TO THE CONTENTS OF THE SERVICE OR CONFIDENTIAL CLIENT INFORMATION. WE DO NOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, THE INTEGRITY OF DATA ACCURACY TRANSMITTED TO OR QUIET ENJOYMENTFROM THE SERVICE OR MAINTAINED ON THE SERVICE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE CONTENTS THAT IT MAKES AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND WE MAY DISCONTINUE GENERATING CONTENTS OR PROVIDING THE SERVICE WITHOUT PRIOR NOTICE.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/AGENCY MAKES NO REPRESENTATIONS OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WITH RESPECT TO WARRANTIES OF TITLETHE GATEWAY SERVICE OR THE SERVICE INFORMATION, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING SUPPORT OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, SERVICES PROVIDED BY APPRISS INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT, NONAND APPRISS EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES. APPRISS DOES NOT WARRANT THAT: (a) THE GATEWAY SERVICE WILL OPERATE UNINTERRUPTED; (b) ALL GATEWAY SERVICE ERRORS CAN BE CORRECTED; (c) THE GATEWAY SERVICE MEETS ALL OF SUBSCRIBING ORGANIZATION’S BUSINESS REQUIREMENTS; OR (d) THE PMP DATA IS COMPLETE, ACCURATE OR ERROR-INFRINGEMENTFREE. SUBSCRIBING ORGANIZATION ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE SUITABILITY OF THE GATEWAY SERVICE FOR ITS REQUIREMENTS. SUBSCRIBING ORGANIZATION ACKNOWLEDGES AND AGREES THAT PMP DATA IS PROVIDED BY THE PMPs. NEITHER APPRISS NOR ITS LICENSORS SHALL HAVE ANY LIABILITY IN THE EVENT THAT A PMP DENIES SUBSCRIBING ORGANIZATION’S REQUEST TO ACCESS PMP DATA OR REVOKES SUBSCRIBING ORGANIZATION’S ACCESS TO PMP DATA, SYSTEM INTEGRATION, OR IF PMP DATA ACCURACY OR QUIET ENJOYMENTIS UNAVAILABLE FOR ANY REASON. SUBSCRIBING ORGANIZATION ACCEPTS THE PMP DATA AND ANY PRESCRIPTION HISTORY SERVICES BASED ON THE PMP DATA ON AN “AS IS” “AS AVAILABLE” BASIS.

Warranties. EXCEPT SELLER WARRANTS THAT AT THE TIME OF DELIVERY (I) PRODUCT IS FREE AND CLEAR OF ALL LIENS, ENCUMBRANCES AND SECURITY INTERESTS; AND (II) PRODUCT COMPLIES WITH SELLER'S PUBLISHED SPECIFICATIONS (OR AS SPECIFICALLY SET FORTH HEREIN, OTHERWISE REFERENCED IN THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND CONTRACT). SELLER EXPRESSLY DISCLAIMS ALL OTHER SERVICESREPRESENTATIONS, AND EQUIPMENT PROVIDEDWARRANTIES, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES CONDITIONS OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, BY FACT OR LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WITHOUT LIMITATION THE IMPLIED WARRANTIES WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND THOSE ARISING FROM STATUTE. BUYER SHALL INSPECT THE PRODUCT SUPPLIED HEREUNDER IMMEDIATELY AFTER DELIVERY. EXCEPT WITH RESPECT TO CLAIMS FOR SHORTAGES, NONBUYER'S FAILURE TO GIVE NOTICE TO SELLER OF ANY CLAIM WITHIN THIRTY (30) DAYS AFTER THE DATE OF DELIVERY SHALL CONSTITUTE UNQUALIFIED ACCEPTANCE OF THE PRODUCT AND A WAIVER BY BUYER OF ALL CLAIMS WITH RESPECT THERETO. CLAIMS FOR SHORTAGES MUST BE RECEIVED BY SELLER IN WRITING WITHIN FORTY-INFRINGEMENTEIGHT (48) HOURS AFTER DELIVERY OF PRODUCTS. SELLER SHALL BE GIVEN A REASONABLE OPPORTUNITY TO INSPECT ANY SHIPMENT CLAIMED BY BUYER TO CONTAIN A SHORTAGE. SELLER MAKES NO WARRANTY, SYSTEM INTEGRATIONREPRESENTATION, DATA CONDITION OR GUARANTEE, EITHER EXPRESS OR IMPLIED, IN RESPECT OF ANY TECHNICAL ADVICE FURNISHED OR RECOMMENDATION MADE BY SELLER OR ITS REPRESENTATIVES CONCERNING ANY USE OR APPLICATION OF ANY PRODUCT, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF SUFFICIENCY, COMPLETENESS, SUITABILITY AND ACCURACY AND IN RESPECT OF THE RESULTS TO BE OBTAINED. WITH REGARD TO ANY HANDLING OF ANY PRODUCT, BUYER ASSUMES FULL RESPONSIBILITY FOR QUALITY CONTROL, TESTING AND DETERMINATION OF SUITABILITY OF PRODUCT FOR ITS INTENDED APPLICATION OR QUIET ENJOYMENTUSE. ANY ATTEMPT TO REMEDY OR CORRECT A CLAIMED DEFECT BY PERSONS OR ENTITIES NOT AUTHORIZED TO PERFORM SUCH WORK BY SELLER OR CONTINUED USE OF SUCH PRODUCT SHALL VOID THE PRODUCT WARRANTY SET FORTH ABOVE AND BUYER SHALL BE DEEMED TO HAVE ACCEPTED THE PRODUCT AS IS, WITH NO FURTHER OBLIGATION OF SELLER TO BUYER. IF REQUESTED BY SELLER, BUYER SHALL RETURN THE NONCONFORMING PRODUCT TO SELLER STRICTLY IN ACCORDANCE WITH SELLER’S WRITTEN INSTRUCTIONS CONCERNING SHIPPING, HANDLING, INSURANCE, AND OTHER MATTERS AS TO WHICH SELLER ISSUES INSTRUCTIONS. FAILURE TO COMPLY WITH THESE PROVISIONS SHALL INVALIDATE ANY CLAIM BY BUYER FOR BREACH OF WARRANTY.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE VOLUME INFORMATION (as described in Kyäni's Global Compensation Plan) IS PROVIDED ON AN “AS IS” BASIS " WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT NOT LIMITED TO, THE IMPLIED WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEUSE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYSTEM INTEGRATIONKYÄNI AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY DISTRIBUTOR OR ANYONE ELSE FOR ANY DIRECT, DATA ACCURACY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR QUIET ENJOYMENTPUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF KYÄNI OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, KYÄNI OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO. Access to and use of Kyäni's online and telephonic information services is at your own risk. All Information is provided to you “as is”. If you are dissatisfied with the information, your sole and exclusive remedy is to discontinue use of and access to Kyäni's online and telephone information services.

Warranties. EXCEPT AS SPECIFICALLY ABT REPRESENTS AND WARRANTS THAT THE SERVICES SHALL BE PERFORMED (A) IN A MANNER CONSISTENT WITH INDUSTRY STANDARDS APPLICABLE TO THE PERFORMANCE THEREOF; AND (B) IN COMPLIANCE IN ALL MATERIAL RESPECTS TO WITH THE SERVICE LEVELS SET FORTH HEREININ THE SERVICE LEVEL DOCUMENT AND THE SPECIFICATIONS SET FORTH IN THE SERVICE DOCUMENTATION PROVIDED TO CLIENT FOR SUCH SERVICES; (C) ABT HAS THE REQUISITE CORPORATE POWER AND AUTHORITY AND THE RIGHT TO ENTER INTO THE AGREEMENT, AND TO PERFORM THE SYSTEM SERVICES; AND RELATED EQUIPMENT (D) NEITHER THE SERVICES NOR THE ABT SOFTWARE PROVIDED TO CLIENT INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. XXX AGREES TO OBTAIN ALL NECESSARY REGULATORY APPROVALS, LICENSES, PERMISSIONS, AUTHORIZATIONS, AND/OR PERMITS APPLICABLE TO ITS BUSINESS AND AS REQUIRED TO PROVIDE THE SERVICES. CLIENT SHALL PROMPTLY NOTIFY ABT IF SUCH SERVICES DO NOT CONFORM TO THE FOREGOING WARRANTIES. CLIENT’S SOLE AND EXCLUSIVE REMEDY AND ABT’S SOLE OBLIGATION FOR A BREACH OF THE WARRANTIES SET FORTH IN CLAUSES (A) OR (B) ABOVE SHALL BE FOR ABT TO, AT ITS OPTION, RE-PERFORM THE DEFECTIVE SERVICES AT NO ADDITIONAL COST TO CLIENT, OR, IN THE CASE OF A BREACH OF A SERVICE LEVEL, TO ISSUE A CREDIT IN AN AMOUNT AS PROVIDED IN THE SERVICE LEVEL DOCUMENT ATTACHED HERETO AS EXHIBIT A. THE FOREGOING WARRANTIES SHALL NOT APPLY TO ISSUES OR DEFECTS TO THE EXTENT SUCH ISSUES OR DEFECTS (A) ARE CAUSED BY FACTORS OUTSIDE OF ABT’S REASONABLE CONTROL, (B) RESULTED FROM ANY ACTIONS, INACTIONS, OR MISUSE OF CLIENT, ANY END USER OR ANY THIRD PARTY, OR (C) RESULTED FROM CLIENT’S SOFTWARE, EQUIPMENT OR DATA OR ANY OTHER MATERIALS USED SOFTWARE, EQUIPMENT OR DATA NOT PROVIDED BY ABT IN CONNECTION WITH THE SYSTEM SERVICES. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 27, THE SERVICES AND ALL SOFTWARE, EQUIPMENT AND OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ITEMS ARE PROVIDED BY ABT ON AN “AS AS-IS, WHERE IS” BASIS WITHOUT BASIS, WITH ALL FAULTS, AND ABT DISCLAIMS, AND CLIENT HEREBY WAIVES, ANY AND ALL WARRANTIES OF ANY KINDOR TERMS AND CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED TERMS, CONDITIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENTRELATING TO SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT ABT PERSONNEL MAY CAUSE FROM TIME TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY TIME RECOMMEND THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING PARTY SOFTWARE OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES PRODUCTS AND AGREES THAT BANKSERVICES FOR CLIENT’S CONSIDERATION AND MAY ALSO MAKE AVAILABLE TO CLIENT THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENTPRODUCTS OR SERVICES, INCLUDING THIRD PARTY APPLICATIONS THROUGH DEPLOYMENT OR IMPLEMENTATION TOOLS. SUCH THIRD PARTY SOFTWARE, APPLICATIONS, PRODUCTS AND SERVICES ARE PROVIDED BY ABT ON AN “AS-IS, WHERE IS” BASIS, WITH ALL FAULTS, AND BANK DOES ABT MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING ANY SOFTWARE, APPLICATIONS, PRODUCTS OR SERVICES THAT ARE NOT MAKE PURCHASED FROM ABT OR PRODUCED/MANUFACTURED BY ABT, AND ABT DISCLAIMS, AND CLIENT HEREBY WAIVES, ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTAND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDINGTO THE MAXIMUM EXTENT PERMITTED BY LAW, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION ANY IMPLIED TERMS, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITYRELATING TO SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONAND NON- INFRINGEMENT. CLIENT’S USE OF ANY SUCH SOFTWARE, APPLICATIONS, PRODUCTS OR SERVICES IS GOVERNED BY THE TERMS OF CLIENT’S AGREEMENT WITH THE PROVIDER OF SUCH SOFTWARE, APPLICATIONS, PRODUCTS OR SERVICES. ANY SERVICES THAT XXX IS NOT CONTRACTUALLY OBLIGATED TO PROVIDE BUT THAT ABT XXX PERFORM FOR CLIENT AT CLIENT’S REQUEST AND WITHOUT ANY ADDITIONAL CHARGE ARE PROVIDED ON AN AS-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTIS BASIS.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREININ ARTICLE VII HEREOF, SECTION 13 OF THE SYSTEM INTELLECTUAL PROPERTY AGREEMENT AND RELATED EQUIPMENT AND/SECTION 5.3 OF THE PATENT LICENSE AGREEMENT, PURCHASER ACKNOWLEDGES THAT NONE OF THE SELLING COMPANIES, THEIR REPRESENTATIVES OR ANY OTHER MATERIALS USED PERSON HAS MADE ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, AT LAW OR IN EQUITY, WITH RESPECT TO THE TRANSFERRED ASSETS OR IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESTRANSACTIONS CONTEMPLATED HEREBY, AND EQUIPMENT PROVIDEDANY SUCH REPRESENTATIONS OR WARRANTIES ARE HEREBY DISCLAIMED. PURCHASER ACKNOWLEDGES THAT, LEASED SHOULD THE INITIAL CLOSING (AND SUBSEQUENT CLOSINGS) OCCUR, PURCHASER SHALL ACQUIRE THE TRANSFERRED ASSETS WITHOUT ANY REPRESENTATION OR SOLD BY BANKWARRANTY, IF ANYEXPRESSED OR IMPLIED, ARE PROVIDED ON AT LAW OR IN EQUITY, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IN AN “AS IS” BASIS CONDITION AND ON A “WHERE IS” BASIS, EXCEPT AS OTHERWISE EXPRESSLY REPRESENTED OR WARRANTED IN THE ACQUISITION AGREEMENTS. PURCHASER FURTHER ACKNOWLEDGES THAT, SHOULD THE INITIAL CLOSING (AND SUBSEQUENT CLOSINGS) OCCUR, PURCHASER SHALL ACQUIRE THE APPLICABLE TRANSFERRED ASSETS WITHOUT WARRANTIES OF ANY KINDREPRESENTATION OR WARRANTY, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED AT LAW OR IN EQUITY, AS TO WARRANTIES OF TITLETHE ENFORCEABILITY OR VALIDITY THEREOF, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY EXCEPT AS OTHERWISE EXPRESSLY REPRESENTED OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT WARRANTED IN THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTACQUISITION AGREEMENTS.

Warranties. SELLER EXPRESSLY WARRANTS THAT ALL GOODS FURNISHED PER ANY CONTRACT RESULTING FROM THE PO WILL: CONFORM TO ALL SPECIFICATIONS AND APPLICABLE LAWS, REGULATIONS, AND STANDARDS; WILL BE NEW, NOT USED, REFURBISHED OR RECONSTITUTED; WILL BE FREE FROM DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; AND THAT SELLER HAS GOOD TITLE AND AUTHORITY TO TRANSFER TITLE TO THE GOODS COVERED BY THE PO. SELLER WARRANTS THAT ALL SUCH GOODS, AND THE DISTRIBUTION, SALE AND USE OF SUCH GOODS, WILL NOT INFRINGE UPON ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT IN ANY RELEVANT JURISDICTION. SELLER WARRANTS THAT ALL SUCH GOODS WILL CONFORM TO ANY STATEMENTS MADE ON THE CONTAINERS, LABELS OR ADVERTISEMENTS FOR SUCH GOODS, AND THAT ANY GOODS WILL BE ADEQUATELY CONTAINED, PACKAGED, MARKED, AND LABELED. SELLER WARRANTS THAT ALL GOODS FURNISHED WILL BE MERCHANTABLE, AND WILL BE SAFE AND APPROPRIATE FOR THE PURPOSE FOR WHICH GOODS OF THAT KIND ARE NORMALLY USED. IF SELLER KNOWS OR HAS REASON TO KNOW THE PARTICULAR PURPOSE FOR WHICH BUYER INTENDS TO USE THE GOODS, SELLER WARRANTS THAT SUCH GOODS WILL BE FIT FOR SUCH PARTICULAR PURPOSE. SELLER WARRANTS THAT GOODS FURNISHED WILL CONFORM IN ALL RESPECTS TO SAMPLES. INSPECTION, TEST, ACCEPTANCE OR USE OF THE GOODS FURNISHED WILL NOT AFFECT SELLER'S OBLIGATION UNDER THIS WARRANTY, AND SUCH WARRANTIES WILL SURVIVE INSPECTION, TEST, ACCEPTANCE, AND USE. XXXXXX AGREES TO REPLACE OR CORRECT DEFECTS OF ANY GOODS NOT CONFORMING TO THE FOREGOING WARRANTIES PROMPTLY, WITHOUT EXPENSE TO BUYER, WHEN NOTIFIED OF SUCH NONCONFORMITY BY BUYER, PROVIDED BUYER ELECTS TO PROVIDE SELLER WITH THE OPPORTUNITY TO DO SO. IN THE EVENT OF FAILURE OF SELLER TO CORRECT DEFECTS IN OR REPLACE NONCONFORMING GOODS PROMPTLY, BUYER, AFTER REASONABLE NOTICE TO SELLER, MAY MAKE SUCH CORRECTIONS OR REPLACE SUCH GOODS AND CHARGE SELLER FOR THE COST INCURRED BY BUYER IN DOING SO. EXCEPT AS SPECIFICALLY EXPRESSLY SET FORTH HEREIN, SELLER MAY NOT LIMIT IN ANY MANNER THE SYSTEM TYPE OR AMOUNT OF DAMAGES TO WHICH BUYER IS ENTITLED FOR BREACH BY SELLER OF THESE WARRANTIES. THE WARRANTIES HEREIN EXTEND TO BUYER, RETAILERS, AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED RETAILERS’ CUSTOMERS. THE WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, AND ANY REMEDIES SPECIFIED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANYTHEREWITH, ARE CONSISTENT WITH AND IN ADDITION TO THOSE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTUNIFORM COMMERCIAL CODE.

Warranties. Seller warrants that it has title to Coke delivered under this Agreement, that Coke will be free from all liens, encumbrances, and security interests, that the Coke shall have physical properties that conform to the Product Specifications, and that Seller will perform all of its obligations under the Agreement in all material respects in accordance with all applicable laws and regulations relating to Seller’s manufacture and delivery of Coke. EXCEPT AS SPECIFICALLY SET FORTH HEREININ THE PRECEDING PARAGRAPH, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KINDSELLER MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIEDIMPLIED WITH RESPECT TO ANY PRODUCT, INCLUDING BUT NOT LIMITED TO AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLEFOR MERCHANTABILITY, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR NON-INFRINGEMENT AND FITNESS FOR A ANY PARTICULAR PURPOSE. SELLER’S SOLE OBLIGATION AND LIABILITY, AND BUYER’S EXCLUSIVE REMEDY, FOR PRODUCT DEFECTS SHALL BE, AT SELLER’S OPTION, TO REPLACE SUCH DEFECTIVE PRODUCT OR REFUND TO BUYER THE AMOUNT PAID BY BUYER THEREFOR, IN EITHER OF WHICH CASES, BUYER SHALL, IF REQUESTED BY SELLER AND AT SELLER’S COST, RETURN THE DELIVERED PRODUCT TO SELLER. IN NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO EVENT SHALL SELLER’S LIABILITY FOR ANY DAMAGE FAILURE OF COKE TO CONFORM TO THE PRODUCT SPECIFICATIONS EXCEED THE LESSER OF: (A) BUYER’S PURCHASE PRICE FOR THE COKE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS IS THE SUBJECT OF THE APPLICABLE CLAIM; OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME(B) $* (U.S. DOLLARS *). IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT NO EVENT SHALL SELLER BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT LIABLE TO BUYER OR TO ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE THIRD PARTY FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR COMPUTER MACHINES EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA THAT RESULTS FROM BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY SELLER, OR THE UPLOADINGUSE OR INABILITY TO USE THE SAME, DOWNLOADING OR OTHER TRANSMISSION EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTDAMAGES.

Warranties. EXCEPT SELLER WARRANTS THAT AT THE TIME OF DELIVERY (I) PRODUCT IS FREE AND CLEAR OF ALL LIENS, ENCUMBRANCES AND SECURITY INTERESTS; AND (II) PRODUCT COMPLIES WITH SELLER'S PUBLISHED SPECIFICATIONS (OR AS SPECIFICALLY SET FORTH HEREIN, OTHERWISE REFERENCED IN THE SYSTEM AND RELATED EQUIPMENT AND/CONTRACT). SELLER MAKES NO OTHER WARRANTY OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. BUYER SHALL INSPECT THE PRODUCT SUPPLIED HEREUNDER IMMEDIATELY AFTER DELIVERY. EXCEPT WITH RESPECT TO CLAIMS FOR SHORTAGES, BUYER'S FAILURE TO GIVE NOTICE TO SELLER OF ANY CLAIM WITHIN THIRTY (30) DAYS AFTER THE DATE OF DELIVERY SHALL CONSTITUTE UNQUALIFIED ACCEPTANCE OF THE PRODUCT AND A WAIVER BY BUYER OF ALL CLAIMS WITH RESPECT THERETO. CLAIMS FOR SHORTAGES MUST BE RECEIVED BY SELLER IN WRITING WITHIN FORTY-EIGHT (48) HOURS AFTER DELIVERY OF PRODUCTS. SELLER SHALL BE GIVEN A REASONABLE OPPORTUNITY TO INSPECT ANY SHIPMENT CLAIMED BY BUYER TO CONTAIN A SHORTAGE. SELLER MAKES NO WARRANTY OR GUARANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO WARRANTIES THE ACCURACY OR COMPLETENESS OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY TECHNICAL ADVICE FURNISHED OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN RECOMMENDATIONS MADE BY BANK, ITS AFFILIATES SELLER OR ITS CONTRACTORS REPRESENTATIVES CONCERNING ANY USE OR THEIR RESPECTIVE EMPLOYEES WILL CREATE APPLICATION OF ANY WARRANTYPRODUCT OR OF THE RESULTS TO BE OBTAINED. NO ADVICE WITH REGARD TO ANY HANDLING OF ANY PRODUCT, BUYER ASSUMES FULL RESPONSIBILITY FOR QUALITY CONTROL, TESTING AND DETERMINATION OF SUITABILITY OF PRODUCT FOR ITS INTENDED APPLICATION OR INFORMATION GIVEN USE. ANY ATTEMPT TO REMEDY OR CORRECT A CLAIMED DEFECT BY BANK, ITS AFFILIATES PERSONS OR ITS CONTRACTORS ENTITIES NOT AUTHORIZED TO PERFORM SUCH WORK BY SELLER OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS CONTINUED USE OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT PRODUCT SHALL VOID THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, PRODUCT WARRANTY SET FORTH ABOVE AND BUYER WILL BE UNINTERRUPTEDDEEMED TO HAVE ACCEPTED THE PRODUCT AS IS, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIMEWITH NO FURTHER OBLIGATION OF SELLER TO BUYER. IF REQUESTED BY SELLER, BUYER SHALL RETURN NONCONFORMING PRODUCT TO SELLER STRICTLY IN ADDITIONACCORDANCE WITH SELLER’S WRITTEN INSTRUCTIONS CONCERNING SHIPPING, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADEDHANDLING, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENTINSURANCE, AND BANK DOES NOT MAKE OTHER MATTERS AS TO WHICH SELLER ISSUES INSTRUCTIONS. FAILURE TO COMPLY WITH THESE PROVISIONS SHALL INVALIDATE ANY WARRANTIES ON BEHALF CLAIM BY BUYER FOR BREACH OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTWARRANTY.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINLessee agrees that it has selected each item of Equipment based upon its own judgment. LESSEE ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT: THE SYSTEM EQUIPMENT IS OF A SIZE, DESIGN, CAPACITY, DESCRIPTION AND RELATED MANUFACTURE SELECTED BY THE LESSEE; LESSEE HAS RELIED ON ITS OWN SKILL AND EXPERIENCE IN SELECTING THE EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT LESSEE IS SATISFIED THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED EQUIPMENT IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES SUITABLE AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY FIT FOR ITS PURPOSES; AND LESSOR HAS NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES MADE AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTWARRANTY WITH RESPECT TO THE EQUIPMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, NONOR AS TO THE QUALITY, CONDITION OR CAPACITY OF THE EQUIPMENT OR THE MATERIALS IN THE EQUIPMENT OR WORKMANSHIP OF THE EQUIPMENT, LESSOR’S TITLE TO THE EQUIPMENT , OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY EQUIPMENT OR THE USE OR MAINTENANCE THEREOF OR THE FAILURE OR OPERATION THEREOF, OR BY ANY DELAY OR FAILURE TO PROVIDE ANY SUCH MAINTENANCE, REPAIRS, SERVICE OR ADJUSTMENT LESSOR SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY LIABILITY FOR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE EQUIPMENT. NO DEFECT OR UNFITNESS OF THE EQUIPMENT AND NO FAILURE ON THE PART OF THE MANUFACTURER OR THE SHIPPER OF THE EQUIPMENT OR ANY OTHER THIRD-INFRINGEMENTPARTY SERVICE PROVIDER TO DELIVER THE EQUIPMENT OR ANY PART THEREOF OR TO PROVIDE ANY SERVICE THEREOF TO LESSEE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR ANY OTHER OBLIGATION HEREUNDER. Lessor shall have no obligation in respect of the Equipment and shall have no obligation to install, SYSTEM INTEGRATIONerect, DATA ACCURACY OR QUIET ENJOYMENTtest, adjust or service the Equipment. Lessee shall look only to persons other than Lessor such as the manufacturer, vendor or carrier thereof should any item of Equipment for any reason and in any way be defective. To the extent permitted by the manufacturer and/or vendor and provided Lessee is not in default under the Lease, Lessor shall make available to Lessee all manufacturer and/or vendor warranties with respect to the Equipment. All such risks, as between Lessor and Lessee, are to be borne by Lessee.

Warranties. EXCEPT LESSOR WARRANTS TO LESSEE, SO LONG AS SPECIFICALLY SET FORTH HEREINNO EVENT OF DEFAULT OR EVENT WHICH, WITH THE GIVING OF NOTICE, THE SYSTEM PASSAGE OF TIME, OR BOTH, WOULD CONSTITUTE AN EVENT OF DEFAULT, HAS OCCURRED, LESSOR WILL NOT DISTURB LESSEE'S QUIET AND RELATED EQUIPMENT AND/OR PEACEFUL POSSESSION AND UNRESTRICTED USE OF THE EQUIPMENT. LESSOR MAKES NO OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESWARRANTY, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO WARRANTIES ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN OR CONDITION OF TITLETHE EQUIPMENT OR ITS MERCHANTABILITY, NONINFRINGEMENTSUITABILITY, SYSTEM INTEGRATIONQUALITY, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE AND HEREBY DISCLAIMS ANY SUCH WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE OTHER THAN THE ABOVE WARRANTY WITH RESPECT TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES QUIET AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES PEACEFUL POSSESSION AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE UNRESTRICTED USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE EQUIPMENT, LESSEE SPECIFICALLY WAIVES ALL RIGHTS TO MAKE A CLAIM AGAINST LESSOR FOR BREACH OF ANY OTHER WARRANTY. LESSEE LEASES THE EQUIPMENT "AS IS." IN NO EVENT SHALL LESSOR HAVE ANY LIABILITY, NOR SHALL LESSEE HAVE ANY REMEDY AGAINST LESSOR, FOR ANY DAMAGE TO CUSTOMER’S LIABILITY, CLAIM, LOSS, DAMAGE, OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR COMPUTER MACHINES ANY DEFICIENCY OR LOSS DEFECT THEREOF OR THE OPERATION, MAINTENANCE, OR REPAIR THEREOF OR ANY CONSEQUENTIAL DAMAGES AS THAT TERM IS USED IN SECTION 2-719(3) OF DATA THAT RESULTS THE MODEL UNIFORM COMMERCIAL CODE, AS AMENDED FROM THE UPLOADINGTIME TO TIME ("UCC"). Lessor grants to Lessee, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITIONfor the sole purpose of prosecuting a claim, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTthe benefits of any and all warranties made available by the manufacturer or the vendor of the Equipment to the extent assignable.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINSeller warrants to Buyer that, when shipped to Buyer by Seller, the Products will conform in all respects to the specifications set forth in Exhibit I, as then in effect, and (ii) will not be adulterated. BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE SYSTEM FOREGOING WARRANTIES OR FOR PRODUCT DEFECTS SHALL BE ITS RIGHT UNDER SECTIONS 2.6 AND RELATED EQUIPMENT AND/9.1 HEREOF OR OTHER MATERIALS USED IN CONNECTION WITH REPLACEMENT OF OR, AT SELLER'S OPTION OF IF REPLACEMENT IS IMPRACTICAL, REFUND FOR RETURNED NONCONFORMING UNITS OF PRODUCT PROVIDED TO SELLER WITHIN THREE (3) MONTHS AFTER THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ORIGINAL NONCONFORMING UNITS (BUT NOT LIMITED TO WARRANTIES OF TITLEREPLACEMENTS) ARE SHIPPED BY SELLER. EXCEPT FOR THE FOREGOING WARRANTIES, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, SELLER DOES NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE PURPOSE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT PRODUCTS OR COMPUTER MACHINES THE PERFORMANCE OR LOSS OF DATA THAT RESULTS FROM THE UPLOADINGNONINFRINGEMENT THEREOF, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTWARRANTY, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO PRODUCTS, BUT SPECIFICATIONS, SUPPORT, SERVICE OR ANYTHING ELSE AND DOES NOT LIMITED TO, MAKE ANY WARRANTY TO BUYER'S CUSTOMERS OF AGENTS. SELLER HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS PROVIDED ABOVE. THE IMPLIED FOREGOING LIMITATIONS OF WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTSHALL NOT IN ANY WAY LIMIT BUYER'S RIGHTS UNDER SECTION 9.1 THEREOF.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/DEPARTMENT MAKES NO REPRESENTATIONS OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WITH RESPECT TO WARRANTIES OF TITLETHE GATEWAY SERVICE, NONINFRINGEMENTTHE APPRISS SERVICE INFORMATION, SYSTEM INTEGRATIONPMP DATA, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY PMP USER DATA. OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING SUPPORT OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, SERVICES PROVIDED BY APPRISS INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE.APPRISS DOES NOT WARRANT THAT: (a) THE GATEWAY SERVICE WILL OPERATE UNINTERRUPTED; (b) ALL GATEWAY SERVICE ERRORS CAN BE CORRECTED; (c) THE GATEWAY SERVICE MEETS ALL OF HEALTHCARE ENTITY’S BUSINESS REQUIREMENTS; OR (d) THE PMP DATA IS COMPLETE, NONACCURATE OR ERROR-INFRINGEMENTFREE. HEALTHCARE ENTITY ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE SUITABILITY OF THE GATEWAY SERVICE FOR ITS REQUIREMENTS. HEALTHCARE ENTITY ACKNOWLEDGES AND AGREES THAT PMP DATA IS PROVIDED BY THE PMPs. NEITHER APPRISS NOR ITS LICENSORS SHALL HAVE ANY LIABILITY IN THE EVENT THAT A PMP DENIES HEALTHCARE ENTITY’S REQUEST TO ACCESS PMP DATA OR REVOKES HEALTHCARE ENTITY’S ACCESS TO PMP DATA, SYSTEM INTEGRATION, OR IF PMP DATA ACCURACY OR QUIET ENJOYMENTIS UNAVAILABLE FOR ANY REASON. HEALTHCARE ENTITY ACCEPTS THE PMP DATA AND ANY PRESCRIPTION HISTORY SERVICES BASED ON THE PMP DATA ON AN “AS IS” “AS AVAILABLE” BASIS.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINWE MAKE NO WARRANTY, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES YOU CONCERNING ONLINE BANKING, ANY OF TITLETHE SERVICES OR FEATURES ACCESSED THROUGH ONLINE BANKING, NONINFRINGEMENTMONEY MANAGER SERVICES, SYSTEM INTEGRATIONSOFTWARE, DATA ACCURACYWEB BROWSERS, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED APPS ACCESSED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR INTERNET, OR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIEDINTERNET SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, SYSTEM INTEGRATIONEXCEPT TO THE EXTENT REQUIRED BY LAW. ALL IMPLIED WARRANTIES ARE DISCLAIMED. IN NO EVENT SHALL ANY LICENSOR OR SERVICE PROVIDER OF ANY SOFTWARE OR SERVICE PROVIDED BY OR THROUGH US HEREUNDER BE LIABLE TO YOU FOR ANY ERROR, LOSS OF DATA, MALFUNCTION, OR DEFECT OF OR CAUSED BY SUCH SOFTWARE OR SERVICE. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY THIRD-PARTY INFORMATION OR DATA ACCURACY THAT YOU OBTAIN THROUGH THE USE OF ONLINE BANKING. NO ADVICE OR QUIET ENJOYMENTINFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM YOUR USE OF ONLINE BANKING WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF ONLINE BANKING AND THE ONLINE BANKING SERVICES IS AT YOUR SOLE RISK. ONLINE BANKING IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR IN CONNECTION WITH THE USE OF ONLINE BANKING IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE OR OUR SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE.

Warranties. The following replaces any Section for “Disclaimer of Warranty” in the License Agreement in its entirety: EXCEPT AS SPECIFICALLY EXPRESSLY SET FORTH HEREINHEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM ANY AND ALL SOFTWARE, DOCUMENTATION, CONFIDENTIAL INFORMATION AND ANY OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED TECHNOLOGY OR SOLD MATERIALS PROVIDED BY BANK, IF ANY, SERVICE PROVIDER TO THE CUSTOMER ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE STATED IN THIS LICENSE AGREEMENT, EITHER SERVICE PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONAND NONINFRINGEMENT. THE TERMS IMPLIED BY SECTIONS 3-INFRINGEMENT5 OF THE SUPPLY OF GOODS AND SERVICES XXX 0000 ARE, SYSTEM INTEGRATIONTO THE FULLEST EXTENT PERMITTED BY LAW, DATA ACCURACY EXCLUDED FROM THE CONTRACT. The following replaces any Section for “Services Warranty” in the SaaS Terms in its entirety: Service Provider warrants that all services performed hereunder shall be performed with reasonable skill and care. The following replaces any Section for “Disclaimer of Warranties” in the SaaS Terms in its entirety: ANY AND ALL OF SOFTWARE, SERVICES, CONFIDENTIAL INFORMATION AND ANY OTHER TECHNOLOGY OR QUIET ENJOYMENTMATERIALS PROVIDED BY SERVICE PROVIDER TO THE CUSTOMER ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN SECTION 6 OF THESE SAAS TERMS, SERVICE PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE TERMS IMPLIED BY SECTIONS 3-5 OF THE SUPPLY OF GOODS AND SERVICES XXX 0000 ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE CONTRACT. The following replaces any Section for “Warranty” in the Support Terms in its entirety: Service Provider warrants all services performed under these Support Terms shall be performed with reasonable skill and care. EXCEPT AS OTHERWISE STATED IN THESE SUPPORT TERMS, SERVICE PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE TERMS IMPLIED BY SECTIONS 3-5 OF THE SUPPLY OF GOODS AND SERVICES XXX 0000 ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE CONTRACT. The following replaces any Section for “Warranty” in the Services Terms in its entirety: Service Provider warrants that it has the right to enter into these Services Terms and that all Services performed under this Services Agreement shall be performed with reasonable skill and care. EXCEPT AS OTHERWISE STATED IN THESE SERVICES TERMS, SERVICE PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE TERMS IMPLIED BY SECTIONS 3-5 OF THE SUPPLY OF GOODS AND SERVICES XXX 0000 ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE CONTRACT.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, Baroda M CLIP wallet SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND ON A “WHEN AVAILABLE” BASIS. USE OF Baroda M CLIP wallet IS AT YOUR OWN RISK. Baroda M CLIP wallet IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO (a) IMPLIED WARRANTIES OF TITLEMERCHANTABILITY, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS (b) APPLICABILITY FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION GIVEN INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY BANK, ITS AFFILIATES YOU FROM Baroda M CLIP wallet OR ITS CONTRACTORS ISSUERS OR THEIR RESPECTIVE EMPLOYEES OTHER RELATED SERVICE PROVIDERS WILL CREATE ANY WARRANTYWARRANTY NOT EXPRESSLY STATED HEREIN. NO ADVICE OR INFORMATION GIVEN BY BANKBaroda M CLIP wallet, ITS AFFILIATES OR ISSUERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES PROCESSORS, ITS PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE SYSTEM CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT Baroda M CLIP wallet WILL MEET CUSTOMER’S YOUR REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, ; THAT ANY DEFECTS OR ERRORS WILL BE UNINTERRUPTEDCORRECTED; THAT Baroda M CLIP wallet SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, SECURE UNINTERRUPTED OR ERROR FREE SECURE; OR THAT Baroda M CLIP wallet IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM Baroda M CLIP wallet IS DONE DOWNLOADED AT CUSTOMER’S YOUR OWN DISCRETION AND RISK AND THAT CUSTOMER YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM THE UPLOADINGSUCH DOWNLOAD. Baroda M CLIP wallet DOES NOT WARRANT, DOWNLOADING ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH Baroda M CLIP wallet OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENTADVERTISING, AND BANK DOES Baroda M CLIP wallet WILL NOT MAKE BE A PARTY TO OR IN ANY WARRANTIES ON BEHALF WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH SERVICE PROVIDERS PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Baroda M CLIP wallet, ITS ISSUERS, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF Baroda M CLIP wallet. UNDER THIS AGREEMENTNO CIRCUMSTANCES WILL Baroda M CLIP wallet BE RESPONSIBLE FOR ANY DAMAGE, EXPRESS LOSS, OR IMPLIEDINJURY RESULTING FROM HACKING, INCLUDINGTAMPERING, BUT NOT LIMITED TOOR OTHER UNAUTHORIZED ACCESS OR USE OF Baroda M CLIP wallet, YOUR Baroda M CLIP wallet ACCOUNT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTINFORMATION CONTAINED THEREIN.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/DEPARTMENT MAKES NO REPRESENTATIONS OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WITH RESPECT TO THE GATEWAY SERVICE, THE APPRISS SERVICE INFORMATION, PMP DATA, PMP USER DATA, OR ANY SUPPORT OR OTHER SERVICES PROVIDED BY APPRISS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLEMERCHANTABILITY, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE APPRISS DOES NOT WARRANT THAT: (a) THE GATEWAY SERVICE WILL OPERATE UNINTERRUPTED; (b) ALL GATEWAY SERVICE ERRORS CAN BE CORRECTED; (c) THE GATEWAY SERVICE MEETS ALL OF HEALTHCARE ENTITY’S BUSINESS REQUIREMENTS; OR INFORMATION GIVEN BY BANK(d) THE PMP DATA IS COMPLETE, ACCURATE OR ERROR- FREE. HEALTHCARE ENTITY ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE SUITABILITY OF THE GATEWAY SERVICE FOR ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER HEALTHCARE ENTITY ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER PMP DATA IS PROVIDED BY THE INTERNET MAY NOT BE SECUREPMPs. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES NEITHER APPRISS NOR ITS LICENSORS SHALL HAVE ANY LIABILITY IN THE EVENT THAT ANY MATERIAL AND/A PMP DENIES HEALTHCARE ENTITY’S REQUEST TO ACCESS PMP DATA OR REVOKES HEALTHCARE ENTITY’S ACCESS TO PMP DATA, OR IF PMP DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE UNAVAILABLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF REASON. HEALTHCARE ENTITY ACCEPTS THE PMP DATA THAT RESULTS FROM AND ANY PRESCRIPTION HISTORY SERVICES BASED ON THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES PMP DATA ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTAN “AS IS” “AS AVAILABLE” BASIS.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINSeller warrants only that (i) the goods when delivered to Buyer, THE SYSTEM AND RELATED EQUIPMENT AND/conform to the product specifications, (ii) are free from liens and encumbrances, and (iii) are not subject to rightful patent infringement claims by any third party as to the goods themselves. NO OTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESSTATUTORY OR ARISING BY OPERATION OF LAW, AND EQUIPMENT PROVIDEDOR FROM ANY COURSE OF DEALING OR CUSTOM OR TRADE USAGE, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDOTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTAND CORRESPONDENCE WITH THE DESCRIPTION (OTHER THAN PRODUCT SPECIFICATIONS AND SAMPLES) WILL EXIST IN CONNECTION WITH THE SALE OF THE GOODS BY SELLER OR USE BY BUYER OF THE GOODS. SELLER EXPRESSLY LIMITS ITS WARRANTY OF ANY GOODS MANUFACTURED BY ANOTHER MANUFACTURER AND OBTAINED SOLELY FOR RESALE BY SELLER TO SUCH MANUFACTURER'S WARRANTIES, SYSTEM INTEGRATIONAND NOT FURTHER OR OTHERWISE. THIS WARRANTY IS VALID ONLY IF THE INSITUTUBE IS USED AND INSTALLED IN STRICT ACCORDANCE WITH THE DIRECTIONS FOR USAGE AND INSTALLATION OF SAID INSITUTUBES IN THE INSITUFORM PROCESS AS SET FORTH BY SELLER. THIS WARRANTY IS INVALID IF BUYER RESELLS THE INSITUTUBE TO A THIRD PARTY WHICH THEN INSTALLS THE INSITUTUBE, DATA ACCURACY WHETHER OR QUIET ENJOYMENTNOT SUCH THIRD PARTY ADHERES TO THE DIRECTIONS FOR USAGE AND INSTALLATION OF SAID INSITUTUBFS IN THE INSITUFORM PROCESS AS SET FORTH BY SELLER.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM DEALER’S OBLIGATIONS AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED WARRANTIES UNDER THIS AGREEMENT ARE IN CONNECTION WITH THE SYSTEM AND LIEU OF (A) ALL OTHER SERVICESWARRANTIES, AND EQUIPMENT PROVIDED, LEASED EXPRESSED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT IMPLIED INCLUDING IMPLIED WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE , WHICH ARE SPECIFICALLY WAIVED AND (B) ALL OTHER OBLIGATIONS OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY LIABILITIES FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, DAMAGES INCLUDING, BUT NOT LIMITED TO: 1) PERSONAL INJURY OR PROPERTY DAMAGE, OR 2) LOSS OF PROFIT OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; OR THE IMPLIED WARRANTIES MAINTENANCE SERVICE CAUSED DIRECTLY OR INDIRECTLY BY STRIKES, ACCIDENTS, CLIMATIC CONDITIONS, OR REASON OF MERCHANTABILITYSIMILAR NATURE BEYOND ITS CONTROL. CUSTOMER AGREES THAT IF DEALER CAUSED ANY INJURY OR DAMAGE TO CUSTOMER OR CUSTOMER’S PROPERTY, FITNESS WHICH SAID CLAIM IS NOT OTHERWISE WAIVED HEREIN, CUSTOMER AGREES THAT THE MAXIMUM AMOUNT THAT DEALER SHALL HAVE TO PAY CUSTOMER FOR SAID INJURY OR DAMAGE IS AN AMOUNT EQUAL TO THE AMOUNT PAID FOR SERVICES RENDERED TO THE CUSTOMER THAT CAUSED SAID INJURY OR DAMAGE AGREED: ____________________________ ____________________________________ DEALER CUSTOMER Date: Date: Attachment A PARTICULAR PURPOSE, NONCommencement Date____________________ Billing: Annual____ Semi-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.Annual____ Quarterly(ACH)____

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINLessor passes through to Lessee, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESto the extent permitted, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER all applicable warranties made available by Lessee's Supplier and/or by the Equipment manufacturer in the Purchase Agree- THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF APPLICABLE SUPPLEMENT, ATTACHMENTS OR ADDENDA ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF SUCH SERVICE PROVIDERS UNDER THE AGREEMENT REGARDING EACH LEASE OR FINANCING TRANSACTION. THESE DOCUMENTS SUPERSEDE ANY PRIOR ORAL OR WRITTEN COMMUNICATIONS BETWEEN THE PARTIES. IF THERE IS A CONFLICT OF TERMS AMONG THE DOCUMENTS, THE ORDER OF PRECEDENCE WILL BE AS FOLLOWS: (a) ATTACHMENTS OR ADDENDA TO A SUPPLEMENT, (b) SUPPLEMENT, (c) ATTACHMENTS OR ADDENDA TO THIS AGREEMENT, EXPRESS (d) THIS AGREEMENT. DELIVERY OF AN EXECUTED COPY OF ANY OF THESE DOCUMENTS BY FACSIMILE OR IMPLIEDANY OTHER RELIABLE MEANS SHALL BE DEEMED TO BE AS EFFECTIVE FOR ALL PURPOSES AS DELIVERY OF A MANUALLY EXECUTED COPY. LESSEE ACKNOWLEDGES THAT LESSOR MAY MAINTAIN A COPY OF THESE DOCUMENTS IN ELECTRONIC FORM AND AGREES THAT A COPY REPRODUCED FROM SUCH ELECTRONIC FORM OR ANY OTHER RELIABLE MEANS (FOR EXAMPLE, INCLUDINGPHOTOCOPY, BUT NOT LIMITED TOIMAGE OR FACSIMILE) SHALL IN ALL RESPECTS BE CONSIDERED EQUIVALENT TO AN ORIGINAL. IF INDICATED HERE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.FOLLOWING ATTACHMENTS SHALL APPLY TO AND BE INCORPORATED BY REFERENCE IN THIS AGREEMENT; ---------------------------- Lessee may not modify or change the terms of this Agreement without the Lessor's prior written ---------------------------- consent. ---------------- Lessee initial Accepted by: IBM CREDIT CORPORATION Lessee: EDISON SCHOOLS By By /s/ Don Xxxxxxxxxx --------------------------- ------------------------------------- Authorized Signature Authorized Signature Don Xxxxxxxxxx (XXO) 6/12/00 ----------------------------------- ------------------------------------- Name (Type or Print) Date Name (Type or Print) Date

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINSTRONGPOINT warrants that during an applicable Subscription Term (a) this Agreement and the Documentation will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Service Data; and (b) the Services will perform materially in accordance with the applicable Documentation. For any breach of a warranty in this section, CUSTOMERS exclusive remedies are those described in the Service Level Agreement and section 12.3. 8.3. Service Level Agreement (SLA). STRONGPOINTS Service Level Agreement is available at xxxxx://xxx.xxxxxxxxxxx.xxx/lv/visparigie-nosacijumi/. The SLA is hereby incorporated by reference herein into the terms of this Agreement. 8.4. STRONGPOINT explicitly does not guarantee or warrant that the Software will perform error-free or uninterrupted or that STRONGPOINT will correct all errors. 9 LIMITATION OF LIABILITY 9.1. 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, AUTHORIZED USERS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS BE LIABLE TO THE SYSTEM AND RELATED EQUIPMENT AND/OTHER PARTY OR ANY AFFILIATE FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA (BEING DATA LOST IN THE COURSE OF TRANSMISSION VIA CUSTOMERS SYSTEMS OR OVER THE INTERNET), BUSINESS INTERRUPTION, LOSS OF GOODWILL, COSTS OF COVER OR REPLACEMENT, OR FOR ANY TYPE OF INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES, OR ANY OTHER MATERIALS USED INDIRECT LOSS OR DAMAGES INCURRED BY THE OTHER PARTY OR ANY AFFILIATE IN CONNECTION WITH THIS AGREEMENT OR THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT PARTY HAS BEEN ADVISED OF BANK’S SPECIFICATIONS THE POSSIBILITY OF OR REQUIREMENTSCOULD HAVE FORESEEN SUCH DAMAGES. BANK DOES NOT REPRESENT 9.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, STRONGPOINT AND ITS AFFILIATES’ AGGREGATE LIABILITY TO VAR OR WARRANT THAT CUSTOMER, ANY AFFILIATE, OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTSSERVICES, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT SHALL IN NO EVENT EXCEED THE FEES (INCLUDING ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL SUBSCRIPTION CHARGES AND/OR DATA UPLOADED, DOWNLOADED SERVICE FEES) PAID BY VAR OR OTHERWISE OBTAINED THROUGH CUSTOMER TO STRONGPOINT DURING THE USE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. VAR/CUSTOMER ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION 9.2 IS TO ALLOCATE THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER RISKS UNDER THIS AGREEMENT, AGREEMENT BETWEEN THE PARTIES AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.LIMIT POTENTIAL LIABILITY TAKING 8.2

Warranties. Lessor grants to Lessee the benefit of any and all warranties made available by IBM in the Purchase Agreement. Lessor warrants that neither Lessor nor anyone acting or claiming through Lessor, by assignment or otherwise, will interfere with Lessee's quiet enjoyment of the use of the Equipment so long as no event of default shall have occurred and be continuing. EXCEPT AS SPECIFICALLY SET FORTH HEREINFOR LESSOR'S WARRANTY OF QUIET ENJOYMENT, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESLESSOR MAKES NO WARRANTY, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIEDMATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AS TO LESSOR, NON-INFRINGEMENTLESSEE LEASES THE EQUIPMENT AND TAKES THE ADDITIONAL TERMS AND CONDITIONS ON PAGES 2 THROUGH 4 ARE PART OF THIS AGREEMENT LESSEE ACKNOWLEDGES THAT LESSEE HAS READ THE AGREEMENT AND ITS SUPPLEMENT, SYSTEM INTEGRATIONUNDERSTANDS THEM, DATA ACCURACY AND AGREES TO BE BOUND BY THEIR TERMS AND CONDITIONS. FURTHER, LESSEE AGREES THAT THIS AGREEMENT AND ITS SUPPLEMENT ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, SUPERSEDING ALL PROPOSALS OR QUIET ENJOYMENT.PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER THEREOF. [ ] INITIAL IF AGREEMENT COVERAGE PAGE IS ATTACHED. ACCEPTED BY: IBM CREDIT CORPORATION ISIS 2000 LP --------------------------------------------- Customer For or as Lessor: By: By: /s/ JOHN XXXXXX --------------------------------------- ------------------------------------------ Authorized Signature Authorized Signature John Xxxxxx 5/3/96 ------------------------------------------ ---------------------------------------------- Name (Type or Print) Date Name (Type or Print) Date

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESYORK HAS NOT MADE, AND EQUIPMENT PROVIDEDYORK HEREBY EXPRESSLY DISCLAIMS AND NEGATES, LEASED ANY REPRESENTATION OR SOLD BY BANKWARRANTY, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED OF ANY KIND OR NATURE WHATSOEVER, RELATING TO WARRANTIES ANY IMPLIED OR EXPRESSED WARRANTY OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED OR EXPRESSED WARRANTY CONCERNING ENVIRONMENTAL CONDITION, ZONING, FLOODING OR DRAINAGE CHARACTERISTICS, WETLANDS STATUS, FAULTING CHARACTERISTICS OR SOIL CONDITIONS WITH RESPECT TO THE SUBSIDIARIES AND THEIR ASSETS. NO ADVICE EMPIRE AND XXXXXXXX ACKNOWLEDGE THAT ENVIRONMENTAL PERMITS ARE REQUIRED FOR EMPIRE TO OWN AND OPERATE CERTAIN OF THE ASSETS OF THE SUBSIDIARIES AND THAT LICENSES OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OTHER APPROVALS MAY BE REQUIRED TO OPERATE CERTAIN OF THE ASSETS OF THE SUBSIDIARIES. EMPIRE AND XXXXXXXX ACKNOWLEDGE AND AGREE THAT CERTAIN OF THE ENVIRONMENTAL PERMITS OF THE SUBSIDIARIES OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS BUSINESSES OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ASSETS AND ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE APPLICABLE LICENSES NECESSARY TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER OPERATE SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET ASSETS MAY NOT BE SECUREFREELY ASSIGNABLE TO EMPIRE. CUSTOMER FURTHER ACKNOWLEDGES EMPIRE AND AGREES XXXXXXXX ACKNOWLEDGE AND AGREE THAT UNDER SOME CIRCUMSTANCES THERE MAY BE A PERIOD OF TIME BETWEEN ACQUISITION OF AN ASSET AND ISSUANCE, REISSUANCE OR TRANSFER OF A PERMIT BY A GOVERNMENTAL AUTHORITY, AND, SUBJECT TO THE OBLIGATIONS OF YORK UNDER THIS AGREEMENT TO COOPERATE WITH AND ASSIST EMPIRE IN CONNECTION THEREWITH, EMPIRE ASSUMES ALL RISKS RELATED THERETO, INCLUDING RISK OF FINES AND PENALTIES ASSOCIATED WITH ACQUISITION AND OPERATION OF AN ASSET PRIOR TO ISSUANCE, REISSUANCE OR TRANSFER OF A PERMIT OR LICENSE. IF ANY ENVIRONMENTAL PERMITS ARE ISSUED, REISSUED, OR TRANSFERRED TO EMPIRE, EMPIRE AND XXXXXXXX UNDERSTAND AND ACKNOWLEDGE THAT THEY MAY CONTAIN DIFFERENT OR LESS FAVORABLE TERMS THAN THOSE ENVIRONMENTAL PERMITS CURRENTLY HELD BY YORK OR THE SUBSIDIARIES. EMPIRE AND XXXXXXXX ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 3.07 ARE A MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE PORTION OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK INDUCEMENT TO YORK TO SELL THE PURCHASED STOCK EMPIRE, AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE BUT FOR ANY DAMAGE SUCH PROVISIONS, YORK WOULD NOT SELL THE PURCHASED STOCK TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTEMPIRE.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINANY INFORMATION, THE SYSTEM AND RELATED EQUIPMENT AND/MATERIALS OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD SERVICES FURNISHED BY BANK, IF ANY, CMU PURSUANT TO THIS AGREEMENT ARE PROVIDED ON AN “"AS IS” BASIS WITHOUT " BASIS. ANY INFORMATION, MATERIALS OR SERVICES FURNISHED BY CMU PURSUANT TO THIS AGREEMENT ARE ON AN "AS IS" BASIS. CMU MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, MATTER INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES WARRANTY OF FITNESS FOR PURPOSE, OR MERCHANTABILITY, FITNESS EXCLUSIVITY OR RESULTS OBTAINED FROM USE OF ANY INTELLECTUAL PROPERTY DEVELOPED UNDER THIS AGREEMENT, NOR SHALL EITHER PARTY HERETO BE LIABLE TO THE OTHER FOR A PARTICULAR PURPOSEINDIRECT, NON-SPECIAL, OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR INABILITY TO USE SAID INTELLECTUAL PROPERTY OR ANY APPLICATIONS AND DERIVATIONS THEREOF. CMU DOES NOT MAKE ANY WARRANTY OF ANY KIND WITH RESPECT TO FREEDOM FROM PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT, SYSTEM INTEGRATIONOR THEFT OF TRADE SECRETS AND DOES NOT ASSUME ANY LIABILITY HEREUNDER FOR ANY INFRINGEMENT OF ANY PATENT, DATA ACCURACY TRADEMARK, OR QUIET ENJOYMENTCOPYRIGHT ARISING FROM THE USE OF THE INFORMATION, TECHNOLOGY, OR RIGHTS GRANTED OR PROVIDED TO IT HEREUNDER. LICENSEE AGREES THAT IT WILL NOT MAKE ANY WARRANTY ON BEHALF OF CMU, EXPRESSED OR IMPLIED, TO ANY PERSON CONCERNING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED WITH THE TECHNOLOGY UNDER THIS AGREEMENT.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINLANDLORD HAS MADE NO REPRESENTATIONS OR WARRANTIES, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES NOR DOES LANDLORD MAKE ANY HEREIN REGARDING THE CONDITION OF TITLETHE PREMISES OR ANY PART THEREOF, NONINFRINGEMENTINCLUDING, SYSTEM INTEGRATIONWITHOUT LIMITATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR THE PREMISES' FITNESS FOR A ANY PARTICULAR USE OR OCCUPANCY. LANDLORD FURTHER HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, BOTH EXPRESS AND IMPLIED IN LAW, WITH RESPECT TO THE CONDITION, HABITABILITY, OR SUITABILITY OF THE PREMISES, OR ANY PART THEREOF, FOR THE USE AND PURPOSES PERMITTED HEREUNDER OR ANY OTHER PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK AND LANDLORD DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL PREMISES OR ANY PART THEREOF COMPLIES WITH ANY LAWS RELATING TO THE USES AND OCCUPANCY THEREOF. TENANT FULLY UNDERSTANDS THAT THERE MAY BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES CERTAIN REPAIRS AND AGREES THAT TRANSMISSIONS OVER ALTERATIONS REQUIRED FOR THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL CONTINUED LICENSING AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE CERTIFICATION OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION PREMISES, AND RISK AND THAT CUSTOMER WILL TENANT SHALL BE SOLELY FULLY RESPONSIBLE FOR THE COST OF AND FOR EFFECTUATING ANY DAMAGE AND ALL ALTERATIONS, REPAIRS AND REPLACEMENTS REQUIRED TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS BE MADE FOR THE CONTINUED LICENSING AND CERTIFICATION OF DATA THE PREMISES, AS WELL AS ALL ALTERATIONS AND REPLACEMENTS REQUIRED TO MAINTAIN AND PRESERVE THE PREMISES IN THE CONDITION CALLED FOR HEREIN. THE PARTIES HEREBY ACKNOWLEDGE THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO LANDLORD IS NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENTRESPONSIBLE FOR, AND BANK DOES NOT MAKE TENANT SHALL HOLD LANDLORD HARMLESS IN CONNECTION WITH, ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTREPAIRS, EXPRESS OR IMPLIEDREPLACEMENTS, INCLUDING, BUT NOT LIMITED TO, AND ALTERATIONS TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS PREMISES FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.ANY REASON WHATSOEVER. Initials of Tenant /s/ JA

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINThe Equipment is warranted by LESSOR to be free from defects in material and workmanship upon delivery (the “Warranty”). PURCHASER’S SOLE AND EXCLUSIVE REMEDY UNDER THE WARRANTY SHALL BE LIMITED TO, AT SELLER’S DISCRETION, THE SYSTEM REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT, OR PART THEREOF. XXXXXX’S WARRANTY HEREUNDER IS IN LIEU OF AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND EXCLUDES ALL OTHER SERVICESWARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE CREATED OR ARISING UNDER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE. IN NO ADVICE OR INFORMATION GIVEN BY BANK, EVENT SHALL LESSOR AND ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY AFFILIATED AND RELATED COMPANIES BE LIABLE FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIEDCONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DOWN TIME AND LOSS OF PROFITS. THIS WARRANTY SHALL NOT APPLY TO ANY EQUIPMENT OR PORTIONS THEREOF WHICH HAVE BEEN SUBJECTED TO ABUSE, MISUSE, IMPROPER INSTALLATION, MAINTENANCE OR OPERATION, ELECTRICAL FAILURE OR ABNORMAL CONDITIONS, AND TO EQUIPMENT WHICH HAS BEEN TAMPERED WITH, ALTERED, MODIFIED, REPAIRED OR REWORKED BY ANYONE NOT APPROVED BY LESSOR. LESSOR’S SOLE AND EXCLUSIVE LIABILITY UNDER THIS WARRANTY SHALL BE TO REPLACE, REPAIR OR REMOVE, AT ITS DISCRETION, ANY DEFECTIVE EQUIPMENT OR PART THEREOF. IN THE IMPLIED WARRANTIES EVENT THE EQUIPMENT IS NOT REPAIRABLE AND LESSOR IS UNABLE TO PROVIDE CONFORMING EQUIPMENT, LESSEE’S SOLE AND EXCLUSIVE REMEDY SHALL BE THE REMOVAL OF MERCHANTABILITYTHE EQUIPMENT AND THE TERMINATION OF THIS RENTAL AGREEMENT. DURING THE TERM OF THIS WARRANTY, FITNESS LESSOR WILL PROVIDE STANDARD WARRANTY SERVICE. XXXXXX WILL PERFORM REGULAR MAINTENANCE OF THE EQUIPMENT IN ACCORDANCE WITH INSTRUCTIONS PROVIDED BY XXXXXX. LESSEE SHALL BE RESPONSIBLE FOR A PARTICULAR PURPOSEALL REPAIRS ON ACCOUNT OF, NON-INFRINGEMENTAND SHALL HOLD LESSOR HARMLESS FROM DAMAGES CAUSED BY (A) THE FAILURE TO PROVIDE SUCH MAINTENANCE, SYSTEM INTEGRATIONOR (B) THE MISUSE OR ABUSE OF THE EQUIPMENT. XXXXXX AGREES NOT TO ALTER OR CHANGE, DATA ACCURACY IN ANY FASHION, THE EQUIPMENT OR QUIET ENJOYMENTANY OPTIONAL ACCESSORIES, WITHOUT THE ADVANCE WRITTEN CONSENT OF LESSOR.

Warranties. SELLER WARRANTS THAT THE GOODS WILL CONFORM STRICTLY TO THE FINAL SPECIFICATIONS AGREED BETWEEN THE PARTIES OR OTHERWISE ROQUETTE STANDARD SPECIFICATION. EXCEPT AS SPECIFICALLY SET FORTH HEREININ THIS SECTION 13, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM SELLER HEREBY EXCLUDES ANY AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER WARRANTIES. EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED IMPLIED AND EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES AS TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ANY OTHER MANNER WITH RESPECT TO THE GOODS. SELLER SHALL NOT BE LIABLE FOR AND BUYER ASSUMES RESPONSIBILITY FOR ALL PERSONAL INJURY AND PROPERTY DAMAGE ARISING FROM THE HANDLING POSSESSION, NON-INFRINGEMENTUSE OR REPACKING OF THE GOODS BY BUYER OR OTHERS WHO OBTAIN THE GOODS THROUGH BUYER, SYSTEM INTEGRATIONWHETHER USED IN MANUFACTURING OR OTHERWISE, DATA ACCURACY WHETHER USED SINGLY OR QUIET ENJOYMENTIN COMBINATION WITH ANY OTHER SUBSTANCES, OR WHETHER USED OR CONSUMED IN ANY OTHER MANNER. ANY REPACKING OF THE GOODS VOIDS ALL WARRANTIES RESPECTING ROQUETTE America, Inc. THE GOODS. BUYER AND THIRD PARTIES REPACKING ANY GOODS TO BE RESOLD UNDER THEIR RESPECTIVE SEALS AND LABELS DO SO ENTIRELY AT THEIR OWN RISK AND RESPONSIBILITY.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, (a) WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDPRODUCTS, INCLUDING BUT NOT LIMITED ANY (I) WARRANTY WITH RESPECT TO WARRANTIES THE INTENDED OR EXPECTED FUNCTIONAL OPERATION OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR THE PRODUCTS; (II) WARRANTY OF MERCHANTABILITY; (III) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTY OF TITLE; OR (V) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. YOU SHALL USE THE PRODUCTS CONSISTENT WITH THE LABELING AND END USER INSTRUCTIONS. PRODUCTS MANUFACTURED BY A THIRD PARTY (“THIRD PARTY PRODUCT”) MAY CONSTITUTE, CONTAIN, BE CONTAINED IN, INCORPORATED INTO, ATTACHED TO OR PACKAGED TOGETHER WITH, THE PRODUCTS. FOR THE AVOIDANCE OF DOUBT, WE MAKE NO ADVICE REPRESENTATIONS OR INFORMATION GIVEN BY BANKWARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, ITS AFFILIATES INCLUDING ANY (I) WARRANTY WITH RESPECT TO THE INTENDED OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION EXPECTED FUNCTIONAL OPERATION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES PRODUCTS; (II) WARRANTY OF MERCHANTABILITY, ; (III) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTY OF TITLE; OR (V) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, NON-INFRINGEMENTCOURSE OF DEALING, SYSTEM INTEGRATIONCOURSE OF PERFORMANCE, DATA ACCURACY USAGE OF TRADE, OR QUIET ENJOYMENTOTHERWISE.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINTHE PARTIES AGREE THAT ALL PRODUCTS AND EQUIPMENT SOLD BY RIS ARE MANUFACTURED BY COMPANIES OTHER THAN RIS. SOME PRODUCTS AND EQUIPMENT CONTAIN MANUFACTURER’S WARRANTIES OR GUARANTEES AND CUSTOMER AGREES THAT IT IS THE INTENT OF THIS AGREEMENT THAT ONLY THOSE WARRANTIES, IF PROVIDED BY THE SYSTEM AND RELATED EQUIPMENT AND/MANUFACTURER, ARE AVAILABLE TO CUSTOMER. RIS MAKES NO WARRANTIES, IMPLIED OR OTHER MATERIALS USED OTHERWISE, BEYOND THE FACE OF THIS AGREEMENT. RIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY, OR WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE OR HEALTH OR SAFETY. RIS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO CUSTOMER RESULTING FROM ANY CAUSE WHATSOEVER, EVEN IF RIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IN NO EVENT SHALL RIS’S LIABILITY ARISING IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES SALE OF ANY KINDPRODUCTS OR EQUIPMENT, EITHER EXPRESS NO MATTER THE REASON THAT GIVES RISE TO THE LIABILITY, EXCEED THE ACTUAL AMOUNT PAID BY CUSTOMER TO RIS FOR THE PRODUCTS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTEQUIPMENT.

Warranties. (a) DSI represents and warrants that all such Professional Services shall be performed in a professional and workmanlike manner in accordance with generally accepted industry standards. For any breach of this warranty, Subscriber's exclusive remedy and DSI's entire liability shall be the re-performance of the applicable Professional Services. (b) EXCEPT AS SPECIFICALLY SET FORTH EXPRESSLY STATED HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/PARTIES MAKE NO REPRESENTATION, WARRANTY, OR OTHER MATERIALS USED IN CONNECTION WITH GUARANTY AS TO THE SYSTEM AND RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT. PARTIES DISCLAIM ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED REPRESENTATIONS OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THAT: (I) THE USE OF THE SERVICES OR API SHALL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL OR DATA; (II) THE SERVICES OR API SHALL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (III) ANY STORED DATA SHALL BE SOLELY RESPONSIBLE FOR ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADINGPRODUCTS, DOWNLOADING SERVICES, INFORMATION, OR OTHER TRANSMISSION MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES SHALL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (V) ERRORS OR DEFECTS SHALL BE CORRECTED; (VI) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF SUCH MATERIALS AND/VIRUSES OR DATAOTHER HARMFUL COMPONENTS. IN ADDITIONTHE SERVICES AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS-IS" BASIS. ALL CONDITIONS, CUSTOMER ACKNOWLEDGES REPRESENTATIONS AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENTWARRANTIES, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTWHETHER EXPRESS, EXPRESS IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE PARTIES.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINTHE STATUTORY WARRANTY ADDENDUM (ADDENDUM NO. 4) CONTAINS THE SELLER’S ONLY WARRANTIES, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT AS TO THE PROPERTY, BUILDINGS, IMPROVEMENTS, UNIT, LIMITED TO WARRANTIES COMMON ELEMENTS, COMMON ELEMENTS, OR CONDOMINIUM. THE STATUTORY WARRANTY ADDENDUM CONTAINS WAIVERS OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPOTENTIAL CLAIMS AND DISCLAIMERS OF POTENTIAL DEFECTS. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S SELLER DISCLAIMS ALL OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTWARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, HABITABILITY, MERCHANTABILITY, WORKMANSHIP OR COMPLIANCE WITH LAW (INCLUDING WITHOUT LIMITATION COMPLIANCE WITH BUILDING CODES, HEALTH AND SAFETY CODES, AND LAND USE CODES). EXCEPT TO THE EXTENT SET FORTH IN THE STATUTORY WARRANTY ADDENDUM, BUYER AGREES, AS PART OF THE BARGAIN, TO ACCEPT THE UNIT AND THE COMMON ELEMENTS (INCLUDING THE LIMITED COMMON ELEMENTS) OF THE CONDOMINIUM "AS IS" AND WITH ALL DEFECTS, FLAWS OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THOSE NOTED IN THE LIMITED STATUTORY WARRANTY. THE BUYER HAS EXECUTED OR WILL EXECUTE THE STATUTORY WARRANTY ADDENDUM SIMULTANEOUSLY WITH BUYER EXECUTION OF THIS AGREEMENT. XXXXX ACKNOWLEDGES THAT IT WAS ADVISED TO READ THE WARRANTY ADDENDA BEFORE SIGNING THIS AGREEMENT. XXXXX ALSO ACKNOWLEDGES THAT THE STATUTORY WARRANTY ADDENDUM IS ATTACHED TO THE PUBLIC OFFERING STATEMENT AND THAT BUYER HAS SEVEN (7) DAYS TO REVIEW THE PUBLIC OFFERING STATEMENT AND CANCEL THIS AGREEMENT IF BUYER IS NOT SATISFIED WITH ANY INFORMATION THEREIN, INCLUDING THE TERMS OF SELLER’S WARRANTIES. I ACKNOWLEDGE AND ACCEPT THE WARRANTY DISCLAIMERS IN THIS SECTION 4.10. I ALSO WAIVE ANY CLAIMS I MAY NOW OR LATER HAVE ARISING UNDER ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITYWARRANTY, FITNESS EXCEPT FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.THE STATUTORY WARRANTY ADDENDUM. Buyer's Initials Buyer's Initials

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINSeller warrants that the Beads conform in all material respects to the description of the Beads as provided to Buyer by Seller through Seller's designated product specifications. THIS WARRANTY IS EXCLUSIVE AND NEITHER SELLER NOR LUMINEX MAKES ANY OTHER WARRANTY, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE Seller's warranties made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the Beads in any manner, has failed to used the Beads in accordance with industry standards or practices or has failed to use the Beads in accordance with instructions, if any, furnished by Seller. BUYER'S EXCLUSIVE REMEDY WITH RESPECT TO BEADS PROVED TO SELLER'S SATISFACTION TO BE DEFECTIVE OR INFORMATION GIVEN BY BANKNONCONFORMING SHALL BE REPLACEMENT OF SUCH PRODUCTS WITHOUT CHARGE OR REFUND OF THE PURCHASE PRICE, ITS AFFILIATES IN SELLER'S SOLE DISCRETION, UPON THE RETURN OF SUCH PRODUCTS IN ACCORDANCE WITH SELLER'S INSTRUCTIONS. NEITHER SELLER NOR LUMINEX SHALL IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR ITS CONTRACTORS SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE FAILURE OF THE BEADS, EVEN IF SELLER OR INFORMATION GIVEN BY BANKLUMINEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO WITHOUT LIMITATION, LIABILITY FOR LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF PRODUCTS OF BUYER OR OTHER USE OR ANY LIABILITY OF BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY REGARDLESS OF WHETHER DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS IS CAUSED BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTSELLER'S GROSS NEGLIGENCE.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINThe products and services available at xxx.xxxxxxxx.xxx are provided with a manufacturer’s warranty. As such, all warranty claims should be made directly with the manufacturer of the product. THE SYSTEM SITE AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, SERVICES ARE PROVIDED ON AN “"AS IS” BASIS WITHOUT " BASIS. CUSTOMER'S USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE RISK. XXX.XXXXXXXX.XXX MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTTITLE, SYSTEM INTEGRATIONAND NON‐INFRINGEMENT; THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, DATA ACCURACY WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR QUIET ENJOYMENTOPERATE WITHOUT ERROR; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF XXX.XXXXXXXX.XXX. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, XXX.XXXXXXXX.XXX DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM WIREZ OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Warranties. The sole warranty given by Cytori regarding any Package and Device shall be that written limited warranty provided in Exhibit D, if any, which shall accompany such Package or Device or which shall otherwise be designated in writing by Cytori as applicable to such Package or Device, as the same may be revised by Cytori from time to time. GHS agrees to provide to its customers (including, without limitation, the CB Facilities) within the Territory a written warranty for each particular Package and Device on terms that are supplied by Cytori, if any, for such Package and Device. In no event shall GHS’ warranty to such consumers be more favorable to consumers than Cytori’s limited warranty, if any, for such Packages and Devices. EXCEPT AS SPECIFICALLY SET FORTH HEREINEXPRESSLY SO WARRANTED, CYTORI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, APPLICABLE TO THE SYSTEM AND RELATED EQUIPMENT PACKAGES AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIEDDEVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY, DESIGN, AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE WRITTEN LIMITED WARRANTY, NON-INFRINGEMENTIF ANY, SYSTEM INTEGRATIONAPPLICABLE TO ANY PARTICULAR PACKAGE OR DEVICE SHALL STATE THE FULL EXTENT OF CYTORI'S LIABILITY, DATA ACCURACY WHETHER DIRECT OR QUIET ENJOYMENTINDIRECT, SPECIAL OR CONSEQUENTIAL, RESULTING FROM ANY BREACH OF SUCH WARRANTY. CYTORI FURTHER DISCLAIMS ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES APPLICABLE TO THE PACKAGES AND/OR DEVICES WHICH ARE NOT MANUFACTURED BY CYTORI, OR BY A LICENSEE OR SUBLICENSEE OF CYTORI. THE ONLY WARRANTIES APPLICABLE TO PACKAGES AND/OR DEVICES NOT MANUFACTURED BY CYTORI OR BY A LICENSEE OR SUBLICENSEE OF CYTORI SHALL BE THE WARRANTIES, IF ANY, OF THE MANUFACTURERS OF THOSE ITEMS.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN(a) IT IS EXPRESSLY AGREED AND UNDERSTOOD THAT THE COMPANY MAKES NO WARRANTIES CONCERNING ANY PRODUCTS MANUFACTURED BY THE COMPANY, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT FOR THE EXPRESS WARRANTY EXTENDED BY THE COMPANY TO THE ULTIMATE PURCHASERS OF THE PRODUCT'S AS SET FORTH ON ' EXHIBIT D (SUCH WARRANTY, TOGETHER WITH SUCH MODIFICATIONS THEREOF OR REPLACEMENTS THERETO AS THE COMPANY MAY INFORM THE DISTRIBUTOR OF FROM TIME TO TIME, BEING REFERRED TO HEREIN AS THE "COMPANY WARRANTY"). EXCEPT TO THE EXTENT OTHERWISE PROVIDED IN THE COMPANY WARRANTY, UNDER NO ADVICE CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO THE DISTRIBUTOR OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY OTHER PARTY FOR ANY DAMAGE THAT LOSS, INJURY OR DAMAGE, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, WHICH ARISES OUT OF ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTSPRODUCTS MANUFACTURED BY THE COMPANY IN ANY MANNER. BANK DOES NOT REPRESENT OR WARRANT [(b) In the case of Products which are manufactured by others ("Third Party Products"), the Company will assign to the ultimate purchasers of such Products its rights to any manufacturer's warranties in effect with respect thereto ("Third Party Warranties"). IT IS EXPRESSLY AGREED AND UNDERSTOOD THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTSCOMPANY, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT NOT BEING THE MANUFACTURER OF ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY PRODUCTS, MAKES NO WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTCONCERNING THIRD PARTY PRODUCTS, EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS MERCHANTABILITY OR FITNESS' FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO THE DISTRIBUTOR OR ANY OTHER PERSON FOR ANY LOSS, NON-INFRINGEMENTINJURY OR DAMAGE, SYSTEM INTEGRATIONDIRECT OR INDIRECT, DATA ACCURACY INCIDENTAL, SPECIAL OR QUIET ENJOYMENTCONSEQUENTIAL, WHICH ARISES OUT OF ANY THIRD PARTY PRODUCTS IN ANY MANNER. The Company shall provide the Distributor with copies of any warranties for Third Party Products which are included in the Products.]

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN4.1 LANDLORD HAS MADE NO REPRESENTATIONS OR WARRANTIES, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, NOR DOES LANDLORD MAKE ANY HEREIN REGARDING THE CONDITION OF THE FACILITY OR ANY PART THEREOF INCLUDING BUT NOT LIMITED TO WARRANTIES WITHOUT LIMITATION THE STRUCTURAL SOUNDNESS THEREOF, THE PRESENCE OR ABSENCE OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY HAZARDOUS SUBSTANCES OR THE FACILITY'S FITNESS FOR A ANY PARTICULAR USE OR OCCUPANCY. LANDLORD SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES WITH RESPECT TO THE VACATION OF THE FACILITY BY THE PRIOR OPERATOR AS DEFINED BELOW. LANDLORD FURTHER HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, BOTH EXPRESS AND IMPLIED IN LAW, WITH RESPECT TO THE CONDITION, HABITABILITY, OR SUITABILITY OF THE FACILITY, OR ANY PART THEREOF, FOR THE USE AND PURPOSES PERMITTED HEREUNDER OR ANY OTHER PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK AND LANDLORD DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTSFACILITY OR ANY PART THEREOF COMPLIES WITH ANY LAWS RELATING TO THE USES AND OCCUPANCY THEREOF. TENANT FULLY UNDERSTANDS THAT THERE MAY BE CERTAIN ALTERATIONS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL REPAIRS AND REPLACEMENTS REQUIRED TO CAUSE THE FACILITY TO COMPLY WITH APPLICABLE LAW (AS THE SAME MAY BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES MODIFIED FROM TIME TO TIME THROUGHOUT THE TERM HEREOF) AND AGREES THAT TRANSMISSIONS OVER FOR THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL CONTINUED LICENSING AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE CERTIFICATION OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION FACILITY, AND RISK AND THAT CUSTOMER WILL TENANT SHALL BE SOLELY FULLY RESPONSIBLE FOR THE COST OF AND FOR EFFECTUATING ANY DAMAGE AND ALL ALTERATIONS, REPAIRS AND REPLACEMENTS REQUIRED TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS BE MADE TO CAUSE THE FACILITY TO COMPLY WITH APPLICABLE LAW AND FOR THE CONTINUED LICENSING AND CERTIFICATION OF DATA THE FACILITY AS WELL AS ALL ALTERATIONS, REPAIRS AND REPLACEMENTS REQUIRED TO MAINTAIN AND PRESERVE THE FACILITY IN THE CONDITION CALLED FOR HEREIN. TENANT ACKNOWLEDGES THAT RESULTS FROM LANDLORD IS NOT RESPONSIBLE FOR AND TENANT SHALL HOLD LANDLORD HARMLESS IN CONNECTION WITH ANY SUCH ALTERATIONS, REPAIRS AND REPLACEMENTS TO THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATAFACILITY FOR ANY REASON WHATSOEVER. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.Initials of Tenant: ___________

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINSeller warrants that the Beads conform in all material respects to the description of the Beads as provided to Buyer by Seller through Seller’s designated product specifications. THIS WARRANTY IS EXCLUSIVE AND NEITHER SELLER NOR LUMINEX MAKES ANY OTHER WARRANTY, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE Seller’s warranties made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the Beads in any manner, has failed to used the Beads in accordance with industry standards or practices or has failed to use the Beads in accordance with instructions, if any, furnished by Seller. BUYER’S EXCLUSIVE REMEDY WITH RESPECT TO BEADS PROVED TO SELLER’S SATISFACTION TO BE DEFECTIVE OR INFORMATION GIVEN BY BANKNONCONFORMING SHALL BE REPLACEMENT OF SUCH PRODUCTS WITHOUT CHARGE OR REFUND OF THE PURCHASE PRICE, ITS AFFILIATES IN SELLER’S SOLE DISCRETION, UPON THE RETURN OF SUCH PRODUCTS IN ACCORDANCE WITH SELLER’S INSTRUCTIONS. NEITHER SELLER NOR LUMINEX SHALL IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR ITS CONTRACTORS SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE FAILURE OF THE BEADS, EVEN IF SELLER OR INFORMATION GIVEN BY BANKLUMINEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO WITHOUT LIMITATION, LIABILITY FOR LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF PRODUCTS OF BUYER OR OTHER USE OR ANY LIABILITY OF BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY REGARDLESS OF WHETHER DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE WAS A RESULT OF BANKIS CAUSED BY SELLER’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTGROSS NEGLIGENCE.

Warranties. CSI hereby warrants that the Services provided and any products or materials installed by CSI shall be performed or installed by CSI in a professional, workmanlike manner, consistent with generally prevailing industry standards, and in compliance with the requirements of this Agreement. Client acknowledges that any products and materials supplied by CSI may be manufactured or created by third parties and are subject to such warranties as may be provided by the third-party manufacturer. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED STATED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK CSI DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTMAKE, AND HEREBY DISCLAIMS, ALL EXPRESS OR IMPLIEDIMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTNONINFRINGEMENT, SYSTEM INTEGRATIONINTEROPERABILITY, AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. CSI DOES NOT WARRANT THE WORK AND SERVICE PROVIDED HEREUNDER WILL BE UNINTERRUPTED AND/OR ERROR FREE. CSI DOES NOT MAKE AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AGAINST LOSS OF DATA, SECURITY BREACHES, THIRD PARTY INTERRUPTION OR INTERFERENCE WITH DATA ACCURACY OR QUIET ENJOYMENTNETWORKS, AND EXPOSURE OR RELEASE OF PERSONALLY IDENTIFIABLE INFORMATION, REGARDLESS OF CAUSE. ALL WARRANTIES PROVIDED HEREIN ARE PERSONAL TO, AND INTENDED SOLELY FOR THE BENEFIT OF CLIENT, AND DO NOT EXTEND TO ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, CLIENT ACKNOWLEDGES THAT CSI SHALL BEAR NO RESPONSIBILITY FOR THE PERFORMANCE, REPAIR OR WARRANTY OF ANY OF CLIENT’S SOFTWARE, HARDWARE PRODUCTS OR SERVICES PROVIDED TO CLIENT OR BY A THIRD PARTY, UNLESS OTHERWISE SET FORTH HEREIN. All warranties shall be null and void, and CSI shall have no further obligation or liability under this warranty, or otherwise, if a material nonconformity from the relevant specifications results from: (i) Client's use of any materials, products, services, systems, or work product supplied by CSI in a manner inconsistent with the documentation and instructions provided by CSI; (ii) alterations or modifications made by Client or a Client representative without the written approval of CSI; (iii) defects in any third party product, including failure of a computer program to operate in accordance with specifications; (iv) malfunctions of Client’s computer hardware or system environment occurring through no fault of CSI; (v) storage, operation, use or maintenance by Client any materials, products, services, systems, or work product in a manner or an environment inconsistent with the specifications and instructions of CSI; (vi) Client's failure to use corrections or enhancements made available by CSI; (vii) Client's use of any materials, products, services, systems, or work product in combination with any product, service, or material not provided by CSI. If, during the term of this Agreement, Client reports that CSI provides any Services in a manner that Client feels does not conform with the warranties provided, CSI shall, at no cost to Client, reperform such services in a manner consistent with such warranties. THE FOREGOING STATES THE ENTIRE LIABILITY OF CSI AND THE SOLE AND EXCLUSIVE REMEDIES OF CLIENT WITH RESPECT TO ANY BREACH OF ANY WARRANTY PROVIDED BY CSI HEREUNDER.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, The Company acknowledges that it has selected the Equipment based upon its own judgment and without reliance on any statement or representation by the County. THE SYSTEM AND RELATED EQUIPMENT AND/COUNTY MAKES NO REPRESENTATION OR OTHER MATERIALS USED IN CONNECTION WARRANTY WITH RESPECT TO THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTEQUIPMENT, EXPRESS OR IMPLIED, INCLUDINGAND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF THE COUNTY, BUT NOT LIMITED TOEXPRESS OR IMPLIED, AS TO (A) THE FITNESS FOR ANY PARTICULAR PURPOSE AND MERCHANTABILITY OF ANY ITEM OF EQUIPMENT, (B) THE DESIGN OR CONDITION OF, OR THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN, THE IMPLIED EQUIPMENT, (C) ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE EQUIPMENT, AND (D) ANY OTHER MATTER WHATSOEVER, IT BEING AGREED THAT ALL SUCH RISKS, AS BETWEEN THE COUNTY AND THE COMPANY, ARE TO BE BORNE BY THE COMPANY. THE COMPANY ACKNOWLEDGES THAT THE COUNTY DID NOT MANUFACTURE THE ITEMS AND THAT THE COMPANY ACCEPTS THE ITEMS BASED UPON ITS OWN INDEPENDENT JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE ON STATEMENTS MADE BY THE COUNTY OR ITS AGENTS. COUNTY HEREBY ACKNOWLEDGES THAT ANY MANUFACTURER’S, INSTALLER’S, DESIGNER’S, ENGINEER’S, CONTRACTOR’S AND/OR SELLER’S WARRANTIES ARE FOR THE BENEFIT OF MERCHANTABILITYBOTH COUNTY AND COMPANY, FITNESS FOR A PARTICULAR PURPOSENOTWITHSTANDING THE FOREGOING, NON-INFRINGEMENTAND PROVIDED COMPANY IS NOT IN DEFAULT UNDER THIS LEASE, SYSTEM INTEGRATIONCOUNTY SHALL MAKE AVAILABLE TO COMPANY ALL WARRANTIES, DATA ACCURACY OR QUIET ENJOYMENTGUARANTIES, AND INDEMNITEES WITH RESPECT TO EQUIPMENT. The County hereby assigns to the Company all warranties, guaranties and indemnities, express or implied, and similar rights which the County may have against any designer, manufacturer, installer, seller, engineer, contractor or builder in respect of any of the Equipment, including, but not limited to, any rights and remedies existing under contract or pursuant to the uniform Commercial Code and hereby appoints and constitutes the Company as its agent during the term of this Lease to assert and enforce, from time to time, in the name and for the account of the Company and the County, as their interests may appear, but in all cases at the sole cost and expense of the Company, whatever claims and rights the County may have as owner of the Equipment against the designer, manufacturer, installer, seller, engineer, contractor or builder or any other person in connection with the development, acquisition, construction, installation or any other aspect of the Equipment or the Project; provided, however, that if at any time an Event of Default shall have occurred and be continuing, the County may assert and enforce such claims and rights at the Company’s sole cost and expense. Company’s delivery to the County of an acceptance certificate signed by the Company or delivery by the County or the manufacturer to the County of an inspection or acceptance certificate the Company’s representative gave to the manufacturer shall be conclusive evidence as between the Company and the County only that all Items of Equipment described therein are in all the foregoing respects satisfactory to the Company; provided, however, that neither the manufacturer nor any party other than the county, its successors and assigns may rely on the foregoing. So long as no Event of Default has occurred and is continuing, the County agrees, to the extent they are assignable, to assign to the Company, without any recourse to the County, any warranty received by the County.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINCIIS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT END-USER’S USE OF THE SYSTEM SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND RELATED EQUIPMENT AND/END- USER AGREES THAT FROM TIME TO TIME CIIS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR OTHER MATERIALS USED CANCEL THE SERVICE IN CONNECTION ACCORDANCE WITH THE SYSTEM TERMS OF THIS LICENSE AGREEMENT. END-USER EXPRESSLY UNDERSTANDS AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE AGREES THAT THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT IS AND AS AVAILABLE BASIS. CIIS AND ITS DIRECT AND INDIRECT PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, SYSTEM INTEGRATIONCIIS AND ITS DIRECT AND INDIRECT PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND RESELLERS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET END-USER’S REQUIREMENTS; (II) END-USER’S USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY END-USER AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO END-USER AS PART OF THE SERVICE WILL BE CORRECTED. TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CIIS DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT END-USER MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, ATTACK, VIRUSES, INTERFERENCE, HACKING, SECURITY INTRUSION, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS LICENSE AGREEMENT, AND CIIS SHALL NOT BE RESPONSIBLE AND DISCLAIMS ANY LIABILITY RELATING THERETO SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT END-USER’S OWN DISCRETION AND RISK, AND END-USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO END- USER’S DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. END-USER FURTHER ACKNOWLEDGES THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN ALL SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA ACCURACY OR QUIET ENJOYMENTINFORMATION PROVIDED BY THE SERVICE IS PROHIBITED BY LAW OR REGULATION OR COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, YORK AND THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESCOMPANIES HAVE NOT MADE, AND EQUIPMENT PROVIDEDYORK AND THE COMPANIES HEREBY EXPRESSLY DISCLAIM AND NEGATE, LEASED ANY REPRESENTATION OR SOLD BY BANKWARRANTY, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED OF ANY KIND OR NATURE WHATSOEVER, RELATING TO WARRANTIES ANY IMPLIED OR EXPRESSED WARRANTY OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED OR EXPRESSED WARRANTY CONCERNING ENVIRONMENTAL CONDITION, ZONING, FLOODING OR DRAINAGE CHARACTERISTICS, WETLANDS STATUS, FAULTING CHARACTERISTICS OR SOIL CONDITIONS WITH RESPECT TO THE COMPANIES AND THE ASSETS. NO ADVICE EMPIRE AND MAXXXXXX XCKNOWLEDGE THAT ENVIRONMENTAL PERMITS ARE REQUIRED FOR EMPIRE TO OWN AND OPERATE CERTAIN OF THE ASSETS AND THAT LICENSES OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OTHER APPROVALS MAY BE REQUIRED TO OPERATE CERTAIN OF THE ASSETS. EMPIRE AND MAXXXXXX XCKNOWLEDGE AND AGREE THAT CERTAIN OF THE ENVIRONMENTAL PERMITS OF THE COMPANIES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE THE ASSETS AND ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE APPLICABLE LICENSES NECESSARY TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER OPERATE SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET ASSETS MAY NOT BE SECUREFREELY ASSIGNABLE TO EMPIRE. CUSTOMER FURTHER ACKNOWLEDGES EMPIRE AND AGREES MAXXXXXX XCKNOWLEDGE AND AGREE THAT UNDER SOME CIRCUMSTANCES THERE MAY BE A PERIOD OF TIME BETWEEN ACQUISITION OF AN ASSET AND ISSUANCE, REISSUANCE OR TRANSFER OF A PERMIT BY A GOVERNMENTAL AUTHORITY, AND, SUBJECT TO THE OBLIGATIONS OF YORK UNDER THIS AGREEMENT TO COOPERATE WITH AND ASSIST EMPIRE IN CONNECTION THEREWITH, EMPIRE ASSUMES ALL RISKS RELATED THERETO, INCLUDING RISK OF FINES AND PENALTIES ASSOCIATED WITH ACQUISITION AND OPERATION OF AN ASSET PRIOR TO ISSUANCE, REISSUANCE OR TRANSFER OF A PERMIT OR LICENSE. IF ANY ENVIRONMENTAL PERMITS ARE ISSUED, REISSUED, OR TRANSFERRED TO EMPIRE, EMPIRE AND MAXXXXXX XNDERSTAND AND ACKNOWLEDGE THAT THEY MAY CONTAIN DIFFERENT OR LESS FAVORABLE TERMS THAN THOSE ENVIRONMENTAL PERMITS CURRENTLY HELD BY YORK OR THE COMPANIES. EMPIRE AND MAXXXXXX XCKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 3.07 ARE A MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE PORTION OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK INDUCEMENT TO THE COMPANIES TO SELL THE ASSETS TO EMPIRE, AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE BUT FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOPROVISIONS, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTCOMPANIES WOULD NOT SELL THE ASSETS TO EMPIRE.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN Builder agrees to promptly make good, without cost to Owners, any and all defects due to faulty workmanship and/or materials which may appear within one (1) year from the date of completion and acceptance of the work by Owners.  THIS LIMITED WARRANTY IS THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD ONLY EXPRESS WARRANTY PROVIDED BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDBuilder. IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, (BUT NOT LIMITED TO, THE IMPLIED ) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTHABITABILITY, SYSTEM INTEGRATIONAND GOOD WORKMANSHIP ARE DISCLAIMED AND LIMITED TO THIS WARRANTY.  Right to Cure. FLORIDA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST A CONTRACTOR, DATA ACCURACY SUBCONTRACTOR, SUPPLIER, OR QUIET ENJOYMENTDESIGN PROFESSIONAL FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME. SIXTY DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND MAKE AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR OR ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER FLORIDA LAW.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN53BThe Seller warrants that the Technical Data are prepared in accordance with the state of art at the date of their conception. Should any Technical Data prepared by the Seller contain non-conformity or defect, the sole and exclusive liability of the Seller shall be to take all reasonable and proper steps to correct such Technical Data. Notwithstanding the above, no warranties of any kind are given for the COC Data, as set forth in Clause 14.9. 54BTHE WARRANTIES, OBLIGATIONS AND LIABILITIES OF THE SYSTEM AND RELATED EQUIPMENT SELLER AND/OR OTHER MATERIALS USED ITS SUPPLIERS AND REMEDIES OF THE BUYER SET FORTH IN CONNECTION WITH THIS CLAUSE 14 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE SYSTEM BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER SERVICESWARRANTIES, OBLIGATIONS AND EQUIPMENT PROVIDEDLIABILITIES OF THE SELLER AND/OR ITS SUPPLIERS AND RIGHTS, LEASED CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, ITS SUPPLIERS AND/OR SOLD BY BANKTHEIR INSURERS, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN ANY TECHNICAL DATA DELIVERED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WARRANTIES TO: 55BANY WARRANTY AGAINST HIDDEN DEFECTS (GARANTIE DES VICES CACHES); 56BANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FITNESS; 57BANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; 58BANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY, WHETHER CONTRACTUAL OR DELICTUAL AND WHETHER OR NOT ARISING FROM THE SELLER’S AND/OR ITS SUPPLIERS’ NEGLIGENCE, ACTUAL OR IMPUTED; AND 59BANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR A PARTICULAR PURPOSELOSS OR DAMAGE TO ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY OR PART THEREOF OR ANY TECHNICAL DATA DELIVERED HEREUNDER. 60BTHE SELLER AND/OR ITS SUPPLIERS SHALL HAVE NO ADVICE OBLIGATION OR INFORMATION GIVEN BY BANKLIABILITY, HOWSOEVER ARISING, FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY OTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN ANY TECHNICAL DATA DELIVERED UNDER THIS AGREEMENT. 61BFOR THE PURPOSES OF THIS CLAUSE 14.11.2, “THE SELLER” SHALL INCLUDE THE SELLER, ITS AFFILIATES OR ITS CONTRACTORS OR AND ANY OF THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTINSURERS.

Warranties. Lessor passes through to Lessee, to the extent permitted, all applicable warranties made available by Lessee's Sup- THIS AGREEMENT, AND ANY APPLICABLE SUPPLEMENT, ATTACHMENTS OR ADDENDA ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT REGARDING EACH LEASE OR FINANCING TRANSACTION. THESE DOCUMENTS SUPERSEDE ANY PRIOR ORAL OR WRITTEN COMMUNICATIONS BETWEEN THE PARTIES. IF THERE IS A CONFLICT OF TERMS AMONG THE DOCUMENTS, THE ORDER OF PRECEDENCE WILL BE AS FOLLOWS: (A) ATTACHMENTS OR ADDENDA TO A SUPPLEMENT, (B) SUPPLEMENT, (C) ATTACHMENTS OR ADDENDA TO THIS AGREEMENT, (D) THIS AGREEMENT. DELIVERY OF AN EXECUTED COPY OF ANY OF THESE DOCUMENTS BY FACSIMILE OR ANY OTHER RELIABLE MEANS SMALL BE DEEMED TO BE AS EFFECTIVE FOR ALL PURPOSES AS DELIVERY OF A MANUALLY EXECUTED COPY. LESSEE ACKNOWLEDGES THAT LESSOR MAY MAINTAIN A COPY OF THE DOCUMENTS IN ELECTRONIC FORM AND AGREES THAT A COPY REPRODUCED FROM SUCH ELECTRONIC FORM OR ANY OTHER RELIABLE MEANS (FOR EXAMPLE, PHOTOCOPY, IMAGE OR FACSIMILE) SHALL IN ALL RESPECTS BE CONSIDERED EQUIVALENT TO AN ORIGINAL. IF INDICATED HERE, THE FOLLOWING ATTACHMENTS SHALL APPLY TO AND BE INCORPORATED BY REFERENCE IN THIS AGREEMENT: ------------------------------------------------------- ------------------------------------------------------- Accepted by: IBM CREDIT CORPORATION By: ---------------------------------------------------- Authorized Signature ---------------------------------------------------- Lessee may not modify or change the terms of this agreement without the Lessor's prior written consent. /_____________/ Lessee Initial LEASEE: STARTEC GLOBAL OPERATING CO By: ------------------------------- Authorized Signature ------------------------------------ Supplier and/or by the Equipment manufacturer in the Purchase Agreement. Lessor represents and warrants that neither Lessor, nor anyone acting or claiming through Lessor, by assignment or otherwise, will interfere with Lessee's quiet enjoyment of the Equipment so long as no event of default by Lessee or anyone acting or claiming through Lessee shall have occurred and be continuing. During the Term of the Lease, Lessor assigns to Lessee all the rights that Lessor may have to be defended by Lessee's Supplier and/or by the Equipment manufacturer under any patent and copyright provisions in the Purchase Agreement. EXCEPT AS SPECIFICALLY SET FORTH HEREINEXPRESSLY PROVIDED ABOVE, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESLESSOR MAKES NO WARRANTY, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIEDMATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AS TO LESSOR, NON-INFRINGEMENTLESSEE LEASES THE EQUIPMENT AND TAKES ANY FINANCED ITEM "AS IS". IN NO EVENT SHALL LESSOR HAVE ANY LIABILITY FOR, SYSTEM INTEGRATIONNOR SHALL LESSEE HAVE ANY REMEDY AGAINST LESSOR FOR, DATA ACCURACY CONSEQUENTIAL DAMAGES, ANY LOSS OF PROFITS OR QUIET ENJOYMENTSAVINGS, LOSS OF USE, OR ANY OTHER COMMERCIAL LOSS. This shall in no way affect Lessee's rights and remedies against Lessee's Supplier and/or the Equipment manufacturer.

Warranties. (a) IRON MOUNTAIN WARRANTS ANY AND ALL SERVICES PROVIDED HEREUNDER SHALL BE PERFORMED IN A WORKMANLIKE MANNER. EXCEPT AS SPECIFICALLY SET FORTH HEREINSPECIFIED IN THIS SECTION, THE SYSTEM AND RELATED EQUIPMENT AND/ALL EXPRESS OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESIMPLIED CONDITIONS, REPRESENTATIONS, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITYMERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. AN AGGRIEVED PARTY MUST NOTIFY IRON MOUNTAIN PROMPTLY OF ANY CLAIMED BREACH OF ANY WARRANTIES AND SUCH PARTY’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL BE RETURN OF THE PORTION OF THE FEES PAID TO IRON MOUNTAIN BY PAYING PARTY FOR SUCH NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTCONFORMING SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. THE WARRANTY PROVIDED IS SUBJECT TO THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, (a) THE SYSTEM SELLER WARRANTS THAT THE PRODUCT SOLD IS OF THE KIND AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED QUALITY DESCRIBED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESTHIS AGREEMENT, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES THAT SELLER HAS GOOD TITLE TO THE PRODUCT. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY KINDOTHER WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO DESCRIPTION OF THE PRODUCT, QUALITY OF THE PRODUCT, WARRANTIES OF TITLEMERCHANTABILITY, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSEUSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS OR IMPLIED. PURCHASER ACKNOWLEDGES THAT SELLER SHALL IN NO ADVICE WAY BE RESPONSIBLE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES LIABLE TO PURCHASER OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY OTHER PARTY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMERPRODUCT. PURCHASER ACKNOWLEDGES THAT PURCHASER HAS NOT AND DOES NOT RELY ON SELLER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE SKILL OR JUDGMENT WITH REGARD TO THE SELECTION OF THE PRODUCT AS FIT OR SUITABLE FOR ANY PARTICULAR PURPOSE. PURCHASER’S EXCLUSIVE REMEDY FOR ANY AND ALL LOSSES AND OTHER DAMAGE RESULTING FROM SALE OF PRODUCT PURSUANT TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, ANY SPECIAL PROVISIONS AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIEDTHESE GENERAL TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, CLAIMS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY SHALL BE LIMITED, AT SELLER’S OPTION, EITHER TO REPLACEMENT OF THE IMPLIED WARRANTIES PRODUCT OR REFUND OF MERCHANTABILITY, FITNESS THE PURCHASE PRICE FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTTHE NONCONFORMING PRODUCT.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN14.1. ANY INFORMATION, THE SYSTEM AND RELATED EQUIPMENT AND/MATERIALS, SERVICES, INTELLECTUAL PROPERTY OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESPROPERTY OR RIGHTS, AND EQUIPMENT PROVIDED, LEASED GRANTED OR SOLD PROVIDED BY BANK, IF ANY, CMU PURSUANT TO THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT BASIS. CMU MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, MATTER INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-OR MERCHANTABILITY, EXCLUSIVITY OR RESULTS OBTAINED FROM USE. NOR SHALL EITHER PARTY HERETO BE LIABLE TO THE OTHER FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR INABILITY TO USE SAID INTELLECTUAL PROPERTY OR ANY APPLICATIONS AND DERIVATIONS THEREOF. CMU DOES NOT MAKE ANY WARRANTY OF ANY KIND WITH RESPECT TO FREEDOM FROM PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT, SYSTEM INTEGRATIONOR THEFT OF TRADE SECRETS AND DOES NOT ASSUME ANY LIABILITY HEREUNDER FOR ANY INFRINGEMENT OF ANY PATENT, DATA ACCURACY TRADEMARK, OR QUIET ENJOYMENTCOPYRIGHT ARISING FROM THE USE OF THE LICENSED TECHNOLOGY, INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY, OR OTHER PROPERTY OR RIGHTS GRANTED OR PROVIDED TO IT HEREUNDER. LICENSEE AGREES THAT IT WILL NOT MAKE ANY WARRANTY ON BEHALF OF CMU, EXPRESSED OR IMPLIED, TO ANY ENTITY CONCERNING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED WITH THE LICENSED TECHNOLOGY, INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY, OR OTHER PROPERTY OR RIGHTS, GRANTED OR PROVIDED BY CMU PURSUANT TO THIS AGREEMENT.

Warranties. (a) IRON MOUNTAIN WARRANTS ANY AND ALL SERVICES PROVIDED HEREUNDER SHALL BE PERFORMED IN A WORKMANLIKE MANNER CONSISTENT WITH THE MEASURES IRON MOUNTAIN TAKES TO PROTECT ITS OWN INFORMATION OF A SIMILAR NATURE, BUT IN NO CASE LESS THAN A REASONABLE LEVEL OF CARE. EXCEPT AS SPECIFICALLY SET FORTH HEREINSPECIFIED IN THIS SECTION, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESCONDITIONS, REPRESENTATIONS, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTSATISFACTORY QUALITY, SYSTEM INTEGRATIONOR ARISING FROM A COURSE OF DEALING, DATA ACCURACY USAGE, OR QUIET ENJOYMENTTRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. AN AGGRIEVED PARTY MUST NOTIFY IRON MOUNTAIN PROMPTLY UPON LEARNING OF ANY CLAIMED BREACH OF ANY WARRANTY AND, TO THE EXTENT ALLOWED BY APPLICABLE LAW, SUCH PARTY’S REMEDY FOR BREACH OF THIS WARRANTY SHALL BE SUBJECT TO THE LIMITATION OF LIABILITY AND CONSEQUENTIAL DAMAGES WAIVER IN THIS AGREEMENT. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINXXXXX DOES NOT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT XXXXX WILL CORRECT ALL SERVICES ERRORS OR PREVENT THIRD PARTY DISRUPTIONS OR UNAUTHORIZED THIRD PARTY ACCESS. CUSTOMER ACKNOWLEDGES THAT XXXXX DOES NOT CONTROL THE SYSTEM TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND RELATED EQUIPMENT AND/THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. NEITHER XXXXX NOR ANY OF ITS SERVICE PROVIDERS, LICENSORS OR OTHER MATERIALS USED IN CONNECTION WITH SUPPLIERS WARRANT OR GUARANTEE THAT THE SYSTEM OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, NOR SHALL XXXXX OR ANY OF ITS SERVICE PROVIDERS, LICENSORS OR OTHER SUPPLIERS BE LIABLE FOR UNAUTHORIZED ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR ANY USER’S DATA, FILES, OR PROGRAMS. WITHOUT LIMITING THE FOREGOING, XXXXX AND ALL OTHER SERVICESITS AFFILIATES, SERVICE PROVIDERS, LICENSORS, SUPPLIERS, SUBCONTRACTORS AND EQUIPMENT PROVIDEDDISTRIBUTORS DISCLAIM ANY IMPLIED REPRESENTATIONS, LEASED OR SOLD BY BANKIMPLIED WARRANTIES AND IMPLIED CONDITIONS OF MERCHANTABILITY, IF ANYNON-INFRINGEMENT, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENTSATISFACTORY QUALITY, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANKEXCEPT AS OTHERWISE EXPLICITLY PROVIDED IN THIS AGREEMENT, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS THE ENTIRE RISK OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL SERVICES SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTBORNE BY YOU.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINRANGE MARKET IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, THE SYSTEM BUT WE’RE NOT PERFECT AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES ANY KIND OF ANY KIND, EITHER WARRANTY (EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NONINFRINGEMENTNON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENTMERCHANTABILITY, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTAS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, SYSTEM INTEGRATIONCOURSE OF DEALING, DATA ACCURACY OR QUIET ENJOYMENTUSAGE OF TRADE. WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER RANGE MARKET, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL RANGE MARKET’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID RANGE MARKET IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESYORK HAS NOT MADE, AND EQUIPMENT PROVIDEDYORK HEREBY EXPRESSLY DISCLAIMS AND NEGATES, LEASED ANY REPRESENTATION OR SOLD BY BANKWARRANTY, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED OF ANY KIND OR NATURE WHATSOEVER, RELATING TO WARRANTIES ANY IMPLIED OR EXPRESSED WARRANTY OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED OR EXPRESSED WARRANTY CONCERNING ENVIRONMENTAL CONDITION, ZONING, FLOODING OR DRAINAGE CHARACTERISTICS, WETLANDS STATUS, FAULTING CHARACTERISTICS OR SOIL CONDITIONS WITH RESPECT TO THE SUBSIDIARIES AND THEIR ASSETS. NO ADVICE EMPIRE AND MAXXXXXX XCKNOWLEDGE THAT ENVIRONMENTAL PERMITS ARE REQUIRED FOR EMPIRE TO OWN AND OPERATE CERTAIN OF THE ASSETS OF THE SUBSIDIARIES AND THAT LICENSES OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OTHER APPROVALS MAY BE REQUIRED TO OPERATE CERTAIN OF THE ASSETS OF THE SUBSIDIARIES. EMPIRE AND MAXXXXXX XCKNOWLEDGE AND AGREE THAT CERTAIN OF THE ENVIRONMENTAL PERMITS OF THE SUBSIDIARIES OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS BUSINESSES OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ASSETS AND ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE APPLICABLE LICENSES NECESSARY TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER OPERATE SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET ASSETS MAY NOT BE SECUREFREELY ASSIGNABLE TO EMPIRE. CUSTOMER FURTHER ACKNOWLEDGES EMPIRE AND AGREES MAXXXXXX XCKNOWLEDGE AND AGREE THAT UNDER SOME CIRCUMSTANCES THERE MAY BE A PERIOD OF TIME BETWEEN ACQUISITION OF AN ASSET AND ISSUANCE, REISSUANCE OR TRANSFER OF A PERMIT BY A GOVERNMENTAL AUTHORITY, AND, SUBJECT TO THE OBLIGATIONS OF YORK UNDER THIS AGREEMENT TO COOPERATE WITH AND ASSIST EMPIRE IN CONNECTION THEREWITH, EMPIRE ASSUMES ALL RISKS RELATED THERETO, INCLUDING RISK OF FINES AND PENALTIES ASSOCIATED WITH 24 ACQUISITION AND OPERATION OF AN ASSET PRIOR TO ISSUANCE, REISSUANCE OR TRANSFER OF A PERMIT OR LICENSE. IF ANY ENVIRONMENTAL PERMITS ARE ISSUED, REISSUED, OR TRANSFERRED TO EMPIRE, EMPIRE AND MAXXXXXX XNDERSTAND AND ACKNOWLEDGE THAT THEY MAY CONTAIN DIFFERENT OR LESS FAVORABLE TERMS THAN THOSE ENVIRONMENTAL PERMITS CURRENTLY HELD BY YORK OR THE SUBSIDIARIES. EMPIRE AND MAXXXXXX XCKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 3.07 ARE A MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE PORTION OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK INDUCEMENT TO YORK TO SELL THE PURCHASED STOCK EMPIRE, AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE BUT FOR ANY DAMAGE SUCH PROVISIONS, YORK WOULD NOT SELL THE PURCHASED STOCK TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTEMPIRE.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINOTHERWISE EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, THE SYSTEM CONVEYANCE OF THE PROPERTIES SHALL BE MADE, AND RELATED EQUIPMENT AND/ANY ASSIGNMENT AND BILL OF SALE EXECUTED PURSUANT HERETO SHALL BE EXECUTED, WITH A LIMIXXX WARRANTY OF TITLE AS DEFINED IN SECTION 5 ABOVE; WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OR REPRESENTATION AS TO THE MERCHANTABILITY OF ANY PERSONAL PROPERTY, SUCH PERSONAL PROPERTY'S FITNESS FOR ANY PURPOSE, THE VALIDITY, EXISTENCE OR EFFECTIVENESS OF ANY LEASE OR LEASEHOLD ESTATE COVERED HEREBY, SELLER'S PREDECESSORS' COMPLIANCE WITH ANY OF THE OBLIGATIONS OR COVENANTS, EXPRESS, IMPLIED OR STATUTORY, UNDER ANY LEASE OR LEASEHOLD ESTATE COVERED HEREBY, OR A ' NY OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTY OR REPRESENTATION WHATSOEVER, IN ADDITION, SELLER SHALL MAKE NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED OR STATUTORY, AS TO THE ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION OR MATERIALS USED HERETOFORE OR HEREAFTER FURNISHED BUYER IN CONNECTION WITH THE SYSTEM PROPERTIES, OR AS TO THE QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTIES OR THE ABILITY OF THE PROPERTIES TO PRODUCE HYDROCARBONS. ANY AND ALL SUCH DATA, INFORMATION AND OTHER SERVICESMATERIALS FURNISHED BY SELLER ARE PROVIDED TO BUYER AS A CONVENIENCE, AND EQUIPMENT PROVIDED, LEASED ANY RELIANCE ON OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE SAME SHALL BE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE BUYER'S SOLE RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTBUYER ACCEPTS THE PROPERTIES N THEIR "AS IS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTWHERE IS" CONDITION WITH ALL FAULTS.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WE WARRANT THAT THE SYSTEM SERVICES WILL CONFORM TO THE SERVICE DESCRIPTIONS UNDER NORMAL USE AND CONDITIONS. Kouo AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) Kouo’S SERVICES OR SOFTWARE WILL MEET CUSTOMERYOUR REQUIREMENTS; (ii) Kouo’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR ERROR-FREE; (iii) THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET SUCH RESULTS WHICH MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH FROM THE USE OF THE SYSTEM IS DONE AT CUSTOMERKouo’S OWN DISCRETION AND RISK AND THAT CUSTOMER SERVICES OR SOFTWARE WILL BE SOLELY RESPONSIBLE FOR ACCURATE OR RELIABLE; (iv) QUALITY OF ANY DAMAGE PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT OUR SOLE OPTION AND SUBJECT TO CUSTOMER’S EQUIPMENT APPLICABLE LAW, TO PROVIDE CONFORMING SERVICES, OR COMPUTER MACHINES TO TERMINATE THE NON-CONFORMING SERVICES OR LOSS THE APPLICABLE ORDER, AND PROVIDE A PRO-RATED REFUND OF DATA THAT RESULTS ANY PREPAID FEES FROM THE UPLOADINGDATE YOU NOTIFY US OF THE NON-CONFORMANCE THROUGH THE END OF THE REMAINING TERM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DOWNLOADING WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITIONOTHERWISE, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE INCLUDING ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SYSTEM INTEGRATIONTHEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMERS LOCATED IN THOSE JURISDICTIONS. NO ADVICE AND/OR INFORMATION, DATA ACCURACY DESPITE WHETHER WRITTEN OR QUIET ENJOYMENTORAL, THAT MAY BE OBTAINED BY YOU FROM Kouo OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. Kouo SHALL NOT BE LIABLE AND SHALL BE HELD HARMLESS FROM ANY DAMAGES RESULTING FROM THESE CONDITIONS UNDER TORT OR ANY OTHER LEGAL THEORY.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINLANDLORD HAS MADE NO REPRESENTATIONS OR WARRANTIES, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES NOR DOES LANDLORD MAKE ANY HEREIN REGARDING THE CONDITION OF TITLETHE PREMISES OR ANY PART THEREOF, NONINFRINGEMENTINCLUDING, SYSTEM INTEGRATIONWITHOUT LIMITATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR THE PREMISES' FITNESS FOR A ANY PARTICULAR USE OR OCCUPANCY. LANDLORD FURTHER HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, BOTH EXPRESS AND IMPLIED IN LAW, WITH RESPECT TO THE CONDITION, HABITABILITY, OR SUITABILITY OF THE PREMISES, OR ANY PART THEREOF, FOR THE USE AND PURPOSES PERMITTED HEREUNDER OR ANY OTHER PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK AND LANDLORD DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL PREMISES OR ANY PART THFRFOF COMPLIES WITH ANY LAWS RELATING TO THE USES AND OCCUPANCY THEREOF. TENANT FULLY UNDERSTANDS THAT THERE MAY BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES CERTAIN REPAIRS AND AGREES THAT TRANSMISSIONS OVER ALTERATIONS REQUIRED FOR THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL CONTINUED LICENSING AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE CERTIFICATION OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION PREMISES, AND RISK AND THAT CUSTOMER WILL TENANT SHALL BE SOLELY FULLY RESPONSIBLE FOR THE COST OF AND FOR EFFECTUATING ANY DAMAGE AND ALL ALTERATIONS, REPAIRS AND REPLACEMENTS REQUIRED TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS BE MADE FOR THE CONTINUED LICENSING AND CERTIFICATION OF DATA THE PREMISES, AS WELL AS ALL ALTERATIONS AND REPLACEMENTS REQUIRED TO MAINTAIN AND PRESERVE THE PREMISES IN THE CONDITION CALLED FOR HEREIN. THE PARTIES HEREBY ACKNOWLEDGE THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO LANDLORD IS NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENTRESPONSIBLE FOR, AND BANK DOES NOT MAKE TENANT SHALL HOLD LANDLORD HARMLESS IN CONNECTION WITH, ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTREPAIRS, EXPRESS OR IMPLIEDREPLACEMENTS, INCLUDING, BUT NOT LIMITED TO, AND ALTERATIONS TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS PREMISES FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.ANY REASON WHATSOEVER. Initials of Tenant /s/ JA

Warranties. EXCEPT THE LIMITED WARRANTIES APPLICABLE TO DELL-BRANDED HARDWARE PRODUCT CAN BE FOUND AT xxx.xxxx.xxx/xxxxxxxx OR IN THE DOCUMENTATION DELL PROVIDES WITH YOUR DELL-BRANDED PRODUCT. DELL MAKES NO OTHER WARRANTIES FOR DELL-BRANDED PRODUCT, AND MAKES NO WARRANTIES WHATSOEVER FOR SERVICE, SOFTWARE, MAINTENANCE, OR SUPPORT OR FOR NON-DELL BRANDED PRODUCT. SUCH PRODUCT, SOFTWARE, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY DELL "AS SPECIFICALLY SET FORTH HEREINIS" AND ANY THIRD-PARTY WARRANTIES, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER PRODUCTS, SOFTWARE, SERVICES, AND EQUIPMENT PROVIDED, LEASED MAINTENANCE OR SOLD BY BANK, IF ANY, SUPPORT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY DELL. SOME STATES DO NOT ALLOW LIMITATIONS OF ANY KINDIMPLIED WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET SO THESE LIMITATONS MAY NOT BE SECUREAPPLY TO YOU. CUSTOMER FURTHER ACKNOWLEDGES DELL MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN DELL'S APPLICABLE DELL-BRANDED WARRANTY IN EFFECT ON THE DATE OF THE PURCHASE OF YOUR PRODUCT. DELL-BRANDED WARRANTIES AND AGREES THAT ANY MATERIAL AND/SERVICES ARE EFFECTIVE WHEN YOU HAVE TRANSFERRED THE OWNERSHIP OF THE PRODUCT INTO YOUR NAME, ALTHOUGH THE WARRANTY PERIOD COMMENCES ON THE DATE OF THE PURCHASE. YOU MAY FIND THE INSTRUCTIONS FOR HOW TO TRANSFER OWNERSHIP INTO YOUR NAME IN THE DOCUMENTATION FOUND WITH YOUR PRODUCT OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE BY VISITING xxxx://xxx.xxxx.xxx/register. LIKE YOUR USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL PRODUCT, TRANSFERRING OWNERSHIP OF THE PRODUCT INTO YOUR NAME EXPRESSES YOUR INTENT TO BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS BOUND BY THE TERMS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT. IF YOU PURCHASE THIRD-PARTY- BRANDED PRODUCT, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD-PARTY TERMS AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTCONDITIONS MAY APPLY.

Warranties. EXCEPT 13.1 AS SPECIFICALLY SET FORTH HEREINIS, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION NO WARRANTY. BOTH PARTIES ACKNOWLEDGE THEY ARE FAMILIAR WITH THE SYSTEM FIBER OPTIC FACILITIES AND ALL OTHER SERVICESEQUIPMENT AND HAVE INVESTIGATED SAME. THEY ACKNOWLEDGE AND AGREE THAT THEY ARE RELYING SOLELY ON THEIR INSPECTION AND INVESTIGATION OF THE FIBER OPTIC FACILITIES AND EQUIPMENT, AND ACCEPT THE FIBER OPTIC FACILITIES AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS WITHOUT IN ITS PRESENT CONDITION WITH NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED EITHER ORAL OR WRITTEN, MADE BY EITHER PARTY OR ANY EMPLOYEE, AGENT OR REPRESENTATIVE OF EITHER PARTY WITH RESPECT TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE PHYSICAL CONDITION OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION FIBER OPTIC FACILITIES AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE EQUIPMENT. EACH PARTY SHALL HAVE DETERMINED PRIOR TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER ENTRY INTO THIS AGREEMENT, THAT THE FIBER OPTIC FACILITIES AND BANK EQUIPMENT CAN BE USED FOR THE INTENDED PURPOSES. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT NEITHER PARTY, NOR ANY EMPLOYEE, AGENT OR REPRESENTATIVE, HAS MADE, AND DOES NOT MAKE MAKE, ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE SUITABILITY FOR COMMERCIAL PURPOSES, BUT NOT LIMITED TOMERCHANTABILITY, POTENTIAL USE OF THE IMPLIED WARRANTIES OF MERCHANTABILITYFIBER OPTIC FACILITIES AND EQUIPMENT, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTINTERRUPTABILITY OF THE FIBER OPTIC SERVICES, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTALL OF WHICH WARRANTIES EACH PARTY HEREBY EXPRESSLY DISCLAIMS.

Warranties. EXCEPT SELLER WARRANTS THAT AT THE TIME OF DELIVERY (I) PRODUCT IS FREE AND CLEAR OF ALL LIENS, ENCUMBRANCES AND SECURITY INTERESTS; AND (II) PRODUCT COMPLIES WITH SELLER'S PUBLISHED SPECIFICATIONS (OR AS SPECIFICALLY SET FORTH HEREIN, OTHERWISE REFERENCED IN THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND CONTRACT). SELLER EXPRESSLY DISCLAIMS ALL OTHER SERVICESREPRESENTATIONS, AND EQUIPMENT PROVIDEDWARRANTIES, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES CONDITIONS OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, BY FACT OR LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WITHOUT LIMITATION THE IMPLIED WARRANTIES WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND THOSE ARISING FROM STATUTE. BUYER SHALL INSPECT THE PRODUCT SUPPLIED HEREUNDER IMMEDIATELY AFTER DELIVERY. EXCEPT WITH RESPECT TO CLAIMS FOR SHORTAGES, NONXXXXX'S FAILURE TO GIVE NOTICE TO SELLER OF ANY CLAIM WITHIN THIRTY (30) DAYS AFTER THE DATE OF DELIVERY SHALL CONSTITUTE UNQUALIFIED ACCEPTANCE OF THE PRODUCT AND A WAIVER BY BUYER OF ALL CLAIMS WITH RESPECT XXXXXXX. CLAIMS FOR SHORTAGES MUST BE RECEIVED BY SELLER IN WRITING WITHIN FORTY-INFRINGEMENTEIGHT (48) HOURS AFTER DELIVERY OF PRODUCTS. SELLER SHALL BE GIVEN A REASONABLE OPPORTUNITY TO INSPECT ANY SHIPMENT CLAIMED BY BUYER TO CONTAIN A SHORTAGE. SELLER MAKES NO WARRANTY, SYSTEM INTEGRATIONREPRESENTATION, DATA CONDITION OR GUARANTEE, EITHER EXPRESS OR IMPLIED, IN RESPECT OF ANY TECHNICAL ADVICE FURNISHED OR RECOMMENDATION MADE BY SELLER OR ITS REPRESENTATIVES CONCERNING ANY USE OR APPLICATION OF ANY PRODUCT, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF SUFFICIENCY, COMPLETENESS, SUITABILITY AND ACCURACY AND IN RESPECT OF THE RESULTS TO BE OBTAINED. WITH REGARD TO ANY HANDLING OF ANY PRODUCT, BUYER ASSUMES FULL RESPONSIBILITY FOR QUALITY CONTROL, TESTING AND DETERMINATION OF SUITABILITY OF PRODUCT FOR ITS INTENDED APPLICATION OR QUIET ENJOYMENTUSE. ANY ATTEMPT TO REMEDY OR CORRECT A CLAIMED DEFECT BY PERSONS OR ENTITIES NOT AUTHORIZED TO PERFORM SUCH WORK BY SELLER OR CONTINUED USE OF SUCH PRODUCT SHALL VOID THE PRODUCT WARRANTY SET FORTH ABOVE AND BUYER SHALL BE DEEMED TO HAVE ACCEPTED THE PRODUCT AS IS, WITH NO FURTHER OBLIGATION OF SELLER TO BUYER. IF REQUESTED BY SELLER, BUYER SHALL RETURN THE NONCONFORMING PRODUCT TO SELLER STRICTLY IN ACCORDANCE WITH SELLER’S WRITTEN INSTRUCTIONS CONCERNING SHIPPING, HANDLING, INSURANCE, AND OTHER MATTERS AS TO WHICH SELLER ISSUES INSTRUCTIONS. FAILURE TO COMPLY WITH THESE PROVISIONS SHALL INVALIDATE ANY CLAIM BY BUYER FOR BREACH OF WARRANTY.

Warranties. (i) AT, FROM AND AFTER CLOSING, TO THE FULLEST EXTENT PERMITTED BY LAW, REOSTAR HEREBY WARRANTS TITLE TO THE PROPERTY AND WILL INDEMNIFY AND DEFEND CIMMARRON AND ITS AFFILIATES AND THEIR RESPECTIVE, SUCCESSORS, LEGAL REPRESENTATIVES AND ASSIGNS AGAINST THE LAWFUL CLAIMS OF TITLE OF ALL PERSONS CLAIMING TITLE OR ANY LEASEHOLD INTEREST TO THE PROPERTY BY, THROUGH AND UNDER REOSTAR. (ii) EXCEPT AS SPECIFICALLY SET FORTH HEREINEXPRESSLY PROVIDED WITHIN THIS PARAGRAPH 3.2, THE SYSTEM AND RELATED EQUIPMENT AND/REOSTAR MAKES NO REPRESENTATIONS OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “WARRANTIES AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE PURPOSE OF THE SYSTEM PROPERTY AND THE PROPERTY IS DONE AT CUSTOMER’S OWN DISCRETION ASSIGNED "AS IS", "WHERE IS" AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT WITH ALL FAULTS OR COMPUTER MACHINES OR LOSS DEFECTS AS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATAEFFECTIVE DATE. EXCEPT AS EXPRESSLY PROVIDED IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES REOSTAR SHALL NOT MAKE BE LIABLE, TO ANY WARRANTIES ON BEHALF EXTENT WHATSOEVER, FOR THE QUALITY, CONDITION, OPERATION OR PERFORMANCE OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTTHE PROPERTY. (iii) ReoStar warrants and represents that ReoStar is the sole, EXPRESS OR IMPLIEDtotal and only owner of the Property and no other Person owns any total interest, INCLUDINGpartial interest, BUT NOT LIMITED TOleasehold interest or any interest whatsoever in the Property, THE IMPLIED WARRANTIES OF MERCHANTABILITYand there are no outstanding subscriptions, FITNESS FOR A PARTICULAR PURPOSEoptions, NON-INFRINGEMENTrights or commitments of any kind giving any Person the right to acquire any interest in ReoStar's interest in the Property, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.including the right to any revenues or proceeds attributable to ReoStar's interest in the Property. ReoStar holds at least a thirty percent (30%) undivided interest in the TCGGS free and clear of all Liens. ReoStar's interest in the TCGGS has been properly recorded in the appropriate county and other public records. (iv)

Warranties. EXCEPT THE LIMITED WARRANTIES APPLICABLE TO RED IRON AMPS-BRANDED HARDWARE PRODUCT CAN BE FOUND AT xxx.XxxXxxxXxxx.xxx/ OR IN THE DOCUMENTATION RED IRON AMPS PROVIDES WITH RED IRON AMPS-BRANDED PRODUCT. RED IRON AMPS MAKES NO WARRANTIES FOR SERVICE, OR NON-RED IRON AMPS BRANDED PRODUCT, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY RED IRON AMPS "AS SPECIFICALLY SET FORTH HEREINIS" AND ANY THIRD-PARTY WARRANTIES, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, MAINTENANCE AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY RED IRON AMPS. RED IRON AMPS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN RED IRON AMPS'S APPLICABLE RED IRON AMPS- BRANDED WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON AN “AS IS” BASIS WITHOUT THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. RED IRON AMPS-BRANDED WARRANTIES AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND RED IRON AMPS IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE SERVICE UNTIL RED IRON AMPS RECEIVES PAYMENT IN FULL. RED IRON AMPS MAY REQUEST CANCELLATION OF ANY KINDTHIRD-PARTY-BRANDED SERVICES, EITHER EXPRESS MAINTENANCE OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK SUPPORT IF RED IRON AMPS DOES NOT REPRESENT RECEIVE PAYMENT. IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCT, SERVICES, MAINTENANCE, OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTSSUPPORT, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIESADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY APPLY. All Red Iron Amps products sold by Red Iron Amps are warranted to be free from defects in material or workmanship upon delivery to customer. There are no warranties, WILL BE UNINTERRUPTEDexpressed or implied, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIMEother than those expressed herein. IN ADDITIONFurther, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTthere is no warranty of merchantability or fitness for a particular purpose.

Warranties. Each party warrants that it has the legal power and authority to enter into this Agreement. EXCEPT AS SPECIFICALLY EXPRESSLY SET FORTH HEREININ THIS AGREEMENT, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE CUSTOMER HOSTED SERVICE IS PROVIDED ON AN “AS IS.” BASIS WITHOUT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE, OUR AFFILIATES, AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE THAT THE CUSTOMER HOSTED SERVICE OR ANY CONTENT OF A THIRD PARTY MADE AVAILABLE THROUGH THE CUSTOMER HOSTED SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CUSTOMER CONTENT OR CONTENT OF A THIRD PARTY MADE AVAILABLE THROUGH THE CUSTOMER HOSTED SERVICE, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE, OUR AFFILIATES, AND OUR LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES OR COMMITMENTS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CUSTOMER HOSTED SERVICE OR ANY CONTENT OF A THIRD PARTY MADE AVAILABLE THROUGH THE CUSTOMER HOSTED SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED ALL WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE, OUR AFFILIATES, AND OUR LICENSORS DISCLAIM ALL, AND YOU AGREE THAT YOU ARE NOT ENTITLED TO ANY, EQUITABLE OR IMPLIED INDEMNITIES.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINOrganization represents and warrants that any data, information, applications or other materials that Organization provides to PowerSchool are owned by the Organization and/or licensed for use by Organization and by PowerSchool for all uses contemplated by this Agreement. PowerSchool represents and warrants that it will perform the Services in a timely and professional manner, in conformance with generally accepted industry standards. For any claimed breach of a warranty above, Organization and PowerSchool agree to first negotiate a resolution in good faith; and, if necessary, refer the matter to senior representatives of each Party for timely resolution. THE SYSTEM ABOVE ARE THE ONLY REPRESENTATIONS AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH WARRANTIES CONCERNING THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDEDPOWERSCHOOL AND ITS AFFILIATES, LEASED AUTHORIZED RESELLERS, THIRD-PARTY LICENSORS, SUPPLIERS AND VENDORS (COLLECTIVELY, “POWERSCHOOL MEMBERS”) EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIEDWRITTEN, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, RESULTS AND IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONEVEN IF POWERSCHOOL OR ITS POWERSCHOOL MEMBERS HAVE BEEN INFORMED OF SUCH PURPOSE, OR ANY REPRESENTATIONS AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. THE SERVICES MAY INVOLVE DATA TRANSMISSION OVER THE INTERNET AND, AS SUCH, POWERSCHOOL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-INFRINGEMENTFREE. SIMILARLY, SYSTEM INTEGRATIONAS THE DATA BEING MANAGED BY POWERSCHOOL ORIGINATES FROM ORGANIZATION’S USERS, DATA ACCURACY NEITHER POWERSCHOOL NOR ANY OF ITS POWERSCHOOL MEMBERS MAKES ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS OR QUIET ENJOYMENTRELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. NO INDIVIDUAL, AGENT, OR AUTHORIZED RESELLER OF POWERSCHOOL IS AUTHORIZED TO ALTER OR EXCEED THE REPRESENTATION AND WARRANTY OBLIGATIONS OF POWERSCHOOL AS SET FORTH HEREIN.

Warranties. Xxxxxxxx warrants that the Services will be performed in a good and workmanlike manner. Customer's sole and exclusive remedy and Xxxxxxxx 's entire liability with respect to this warranty will be, at the sole option of Xxxxxxxx , to either (a) use its reasonable commercial efforts to re-perform or cause to be re-performed any Services not in substantial compliance with this warranty or (b) refund amounts paid by Customer related to the portion of the Services not in substantial compliance; provided, in each case, Customer notifies Xxxxxxxx in writing within five (5) business days after performance of the applicable Services. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/HEREIN OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESANY STATEMENT OF WORK THAT EXPRESSLY AMENDS XXXXXXXX 'S WARRANTY, AND EQUIPMENT PROVIDEDSUBJECT TO APPLICABLE LAW, LEASED XXXXXXXX MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL OTHER, REPRESENTATIONS, WARRANTIES, CONDITIONS OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KINDCOVENANTS, EITHER EXPRESS OR IMPLIEDIMPLIED (INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DURABILITY, TITLE, ACCURACY OR NON-INFRINGEMENT) ARISING OUT OF OR RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES ANY WARRANTY RELATING TO THIRD PARTY SERVICES, ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY ANY HARDWARE OR FITNESS FOR A PARTICULAR SOFTWARE USED IN PERFORMING SERVICES AND ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES THAT NO ADVICE REPRESENTATIVE OF XXXXXXXX OR INFORMATION GIVEN BY BANKOF ITS AFFILIATES IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF XXXXXXXX OR ANY OF ITS AFFILIATES THAT IS NOT IN THIS AGREEMENT OR IN A STATEMENT OF WORK EXPRESSLY AMENDING XXXXXXXX 'S WARRANTY. Customer shall be solely responsible for daily back-up and other protection of its data and software against loss, damage or corruption. Customer shall be solely responsible for reconstructing data (including but not limited to data located on disk files and memories) and software that may be lost, damaged or corrupted during the performance of Services. XXXXXXXX, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS, SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALL CONTINUE TO BE RELEASED FROM ALL LIABILITY IN CONNECTION WITH THE LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE, AND CUSTOMER ASSUMES ALL RISK OF LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED TO OR RESULTING FROM THE SERVICES. Xxxxxxxx will not be responsible for and no liability shall result to Xxxxxxxx or any of its Affiliates for any delays in delivery or in performance which result from any circumstances beyond Xxxxxxxx’x reasonable control, including, but not limited to, Product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or completion dates provided by Xxxxxxxx or any purported deadlines contained in a Statement of Work or any other document are estimates only. Pricing Information and Availability Disclaimer Xxxxxxxx reserves the right to make adjustments to pricing, Products and Service offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All orders are subject to Product availability and the availability of Personnel to perform the Services. Limitation of Liability UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL XXXXXXXX , ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABLE FOR: (A) ANY WARRANTY. NO ADVICE INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, EVEN IF XXXXXXXX HAS BEEN ADVISED OF THE IMPLIED WARRANTIES POSSIBILITIES OF MERCHANTABILITYSUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, FITNESS IN EACH CASE, WHETHER A CLAIM FOR A PARTICULAR PURPOSEANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, NON-INFRINGEMENTWARRANTY, SYSTEM INTEGRATIONNEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY XXXXXXXX OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES; OR (D) ANY UNAVAILABILITY OF THE PRODUC T FOR USE OR ANY LOST, DAMAGED OR CORRUPTED DATA ACCURACY OR QUIET ENJOYMENTSOFTWARE. IN THE EVENT OF ANY LIABILITY INCURRED BY XXXXXXXX OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF XXXXXXXX AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM; OR (B) $50,000.00.

Warranties. Except as expressly stated herein, TAUKEMAS makes no warranty or representation as to the merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through TAUKEMAS . EXCEPT AS SPECIFICALLY SET FORTH HEREINEXPRESSLY MADE BY TAUKEMAS IN WRITING, THE SYSTEM AND RELATED EQUIPMENT AND/TAUKEMAS MAKES NO WARRANTY OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTREPRESENTATION, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AS TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, NON-INFRINGEMENTINFRINGEMENT OR ANY OTHER WARRANTY ARISING BY LAW, SYSTEM INTEGRATIONSTATUTE, DATA ACCURACY USAGE OF TRADE OR QUIET ENJOYMENTCOURSE OF DEALING CONCERNING ANY PRODUCT OR SERVICE PURCHASED FROM OR THROUGH TAUKEMAS . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES OF TAUKEMAS ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” TAUKEMAS DOES NOT WARRANT THAT ITS PRODUCTS OR SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE SYSTEMS OR THAT ON-LINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. TAUKEMAS DOES NOT WARRANT THAT ANY WEBSITE OPERATED, SPONSORED OR HOSTED BY TAUKEMAS OR ANY OF ITS AFFILIATES WILL BE UNINTERRUPTED OR FREE FROM ERROR. TAUKEMAS IS NOT RESPONSIBLE FOR INTERRUPTED, INACCESSIBLE OR UNAVAILABLE NETWORKS, SERVER, SATELLITES AND/OR SERVICE PROVIDERS; OR FOR MISCOMMUNICATIONS, FAILED, JUMBLED, SCRAMBLED, DELAYED OR MISDIRECTED COMPUTER, TELEPHONE OR CABLE TRANSMISSIONS; OR FOR ANY TECHNICAL MALFUNCTIONS, FAILURES OR DIFFICULTIES.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINDistrict represents and warrants that any data, information, applications, or other materials that District provides to Provider are either in the custody of or owned by District and/or licensed for use by District and by Provider for all uses contemplated by this Agreement. Provider represents and warrants that it will perform the Services in a timely and professional manner, in conformance with generally accepted industry standards. THE SYSTEM REPRESENTATIONS AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED WARRANTIES IN CONNECTION WITH THE SYSTEM AGREEMENT ARE THE ONLY REPRESENTATIONS AND ALL OTHER WARRANTIES CONCERNING THE SERVICES, AND EQUIPMENT PROVIDEDHOBSONS AND ITS THIRD PARTY LICENSORS, LEASED SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR SOLD BY BANKWRITTEN, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS INCLUDING WITHOUT LIMITATION WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENTTIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANKCOMPLETENESS, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENTRESULTS, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONEVEN IF HOBSONS OR ITS THIRD PARTY LICENSORS, SUPPLIERS OR VENDORS HAVE BEEN INFORMED OF SUCH PURPOSE, OR ANY REPRESENTATIONS AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. THE SERVICES MAY INVOLVE DATA TRANSMISSION OVER THE INTERNET AND, AS SUCH, PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SIMILARLY, AS THE DATA BEING MANAGED BY PROVIDER ORIGINATES FROM DISTRICT’S USERS, NEITHER PROVIDER NOR ANY OF ITS THIRD-INFRINGEMENTPARTY LICENSORS, SYSTEM INTEGRATIONSUPPLIERS OR VENDORS MAKES ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THOSE SERVICES THAT RELY ON DATA ACCURACY ORIGINATING FROM DISTRICT’s USERS. NO AGENT OF PROVIDER IS AUTHORIZED TO ALTER OR QUIET ENJOYMENTEXCEED THE REPRESENTATION AND WARRANTY OBLIGATIONS OF PROVIDER AS SET FORTH HEREIN.

Warranties. All Product Sold "AS-IS" or "With All Faults" Shadowdancers L.L.C. IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY Shadowdancers L.L.C. ARE NOT MANUFACTURED BY Shadowdancers L.L.C.. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). Shadowdancers L.L.C. ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. Shadowdancers L.L.C. MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED THOSE STATED IN CONNECTION WITH THE SYSTEM AND THIS DOCUMENT. Shadowdancers L.L.C. DISCLAIMS ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTWARRANTIES, EXPRESS OR IMPLIED, INCLUDINGAS TO ANY SUCH PRODUCT, BUT NOT LIMITED TOINCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONAND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ALL ITEMS SOLD THROUGH Shadowdancers L.L.C. ARE SOLD "AS-INFRINGEMENTIS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, SYSTEM INTEGRATIONDO NOT FUNCTION, DATA ACCURACY OR QUIET ENJOYMENTFUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR Shadowdancers L.L.C. , ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

Warranties. Lessor grants to Lessee the benefit of any and all warranties made available by IBM in the Purchase Agreement. Lessor warrants that neither Lessor nor anyone acting or claiming through Lessor, by assignment or otherwise, will interfere with Lessee's quiet enjoyment of the use of the Equipment so long as no event of default shall have occurred and be continuing. EXCEPT AS SPECIFICALLY SET FORTH HEREINFOR LESSOR'S WARRANTY OF QUIET ENJOYMENT, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESLESSOR MAKES NO WARRANTY, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIEDMATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AS TO LESSOR, NONLESSEE LEASES THE EQUIPMENT AND TAKES THE ADDITIONAL TERMS AND CONDITIONS ON PAGES 2 THROUGH 4 ARE PART OF THIS AGREEMENT. LESSEE ACKNOWLEDGES THAT LESSEE HAS READ THIS AGREEMENT AND ITS SUPPLEMENT, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY THEIR TERMS AND CONDITIONS. FURTHER, LESSEE AGREES THAT THIS AGREEMENT AND ITS SUPPLEMENT ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, SUPERSEDING ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER THEREOF. [_] INITIAL IF AGREEMENT COVERAGE PAGE IS ATTACHED. Accepted by: FACTORY CARD OUTLET OF AMERICA LTD IBM Credit Corporation --------------------------------------- Customer For or as Lessor: By: /s/ signature illegible By: /s/ Xxxx X. Xxxxxxx -------------------------------- --------------------------------------- Authorized Signature Authorized Signature Xxxx X. Xxxxxxx 10-INFRINGEMENT28-96 ________________________________ ---------------------------------------- Name (Type or Print) Date Name (Type or Print) Date ANY PROGRAMMING "AS IS". IN NO EVENT SHALL LESSOR HAVE ANY LIABILITY FOR, SYSTEM INTEGRATIONNOR SHALL LESSEE HAVE ANY REMEDY AGAINST LESSOR FOR, DATA ACCURACY CONSEQUENTIAL DAMAGES, ANY LOSS OF PROFITS OR QUIET ENJOYMENTSAVINGS, LOSS OF USE, OR ANY OTHER COMMERCIAL LOSS.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINLANDLORD HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED NORDOES LANDLORD MAKE ANY HEREIN REGARDING THE CONDITION OF THE PREMISES OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, THE SYSTEM AND RELATED EQUIPMENT PREMISES’ FITNESS FOR ANY PARTICULAR USE OR OCCUPANCY. LANDLORD FURTHER HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, BOTH EXPRESS AND IMPLIED IN LAW, WITH RESPECT TO THE CONDITION, HABITABILITY, OR SUITABILITY OF THE PREMISES, OR ANY PART THEREOF, FOR THE USE AMD PURPOSES PERMITTED HEREUNDER OR ANY OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESPURPOSE, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES LANDLORD DOBS NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL PREMISES OR ANY PART THEREOF COMPLIES WITH ANY LAWS RELATING TO THE USES AND OCCUPANCY THEREOF. TENANT FULLY UNDERSTANDS THAT THERE MAY BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES CERTAIN REPAIRS AND AGREES THAT TRANSMISSIONS OVER ALTERATIONS REQUIRED FOR THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL CONTINUED LICENSING AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE CERTIFICATION OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION PREMISES, AND RISK AND THAT CUSTOMER WILL TENANT SHALL BE SOLELY FULLY RESPONSIBLE FOR THE COST OF AND FOR EFFECTUATING ANY DAMAGE AND ALL ALTERATIONS, REPAIRS AND REPLACEMENTS REQUIRED TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS BE MADE FOR THE CONTINUED LICENSING AND CERTIFICATION OF DATA THE PREMISES, AS WELL AS ALL ALTERATIONS AND REPLACEMENTS REQUIRED TO MAINTAIN AND PRESERVE THE PREMISES IN THE CONDITION CALLED FOR HEREIN. THE PARTIES HEREBY ACKNOWLEDGE THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO LANDLORD IS NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENTRESPONSIBLE FOR, AND BANK DOES NOT MAKE TENANT SHALL HOLD LANDLORD HARMLESS IN CONNECTION WITH, ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTREPAIRS, EXPRESS OR IMPLIEDREPLACEMENTS, INCLUDING, BUT NOT LIMITED TO, AND ALTERATIONS TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS PREMISES FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.ANY REASON WHATSOEVER. Initials of Tenant Xxxxx Xxxx

Warranties. EXCEPT SELLER WARRANTS THAT AT THE TIME OF DELIVERY (I) PRODUCT IS FREE AND CLEAR OF ALL LIENS, ENCUMBRANCES AND SECURITY INTERESTS; AND (II) PRODUCT COMPLIES WITH SELLER'S PUBLISHED SPECIFICATIONS (OR AS SPECIFICALLY SET FORTH HEREIN, OTHERWISE REFERENCED IN THE SYSTEM AND RELATED EQUIPMENT AND/CONTRACT). SELLER MAKES NO OTHER WARRANTY OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. BUYER SHALL INSPECT THE PRODUCT SUPPLIED HEREUNDER IMMEDIATELY AFTER DELIVERY. EXCEPT WITH RESPECT TO CLAIMS FOR SHORTAGES, XXXXX'S FAILURE TO GIVE NOTICE TO SELLER OF ANY CLAIM WITHIN THIRTY (30) DAYS AFTER THE DATE OF DELIVERY SHALL CONSTITUTE UNQUALIFIED ACCEPTANCE OF THE PRODUCT AND A WAIVER BY BUYER OF ALL CLAIMS WITH RESPECT XXXXXXX. CLAIMS FOR SHORTAGES MUST BE RECEIVED BY SELLER IN WRITING WITHIN FORTY-EIGHT (48) HOURS AFTER DELIVERY OF PRODUCTS. SELLER SHALL BE GIVEN A REASONABLE OPPORTUNITY TO INSPECT ANY SHIPMENT CLAIMED BY BUYER TO CONTAIN A SHORTAGE. SELLER MAKES NO WARRANTY OR GUARANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO WARRANTIES THE ACCURACY OR COMPLETENESS OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY TECHNICAL ADVICE FURNISHED OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN RECOMMENDATIONS MADE BY BANK, ITS AFFILIATES SELLER OR ITS CONTRACTORS REPRESENTATIVES CONCERNING ANY USE OR THEIR RESPECTIVE EMPLOYEES WILL CREATE APPLICATION OF ANY WARRANTYPRODUCT OR OF THE RESULTS TO BE OBTAINED. NO ADVICE WITH REGARD TO ANY HANDLING OF ANY PRODUCT, BUYER ASSUMES FULL RESPONSIBILITY FOR QUALITY CONTROL, TESTING AND DETERMINATION OF SUITABILITY OF PRODUCT FOR ITS INTENDED APPLICATION OR INFORMATION GIVEN USE. ANY ATTEMPT TO REMEDY OR CORRECT A CLAIMED DEFECT BY BANK, ITS AFFILIATES PERSONS OR ITS CONTRACTORS ENTITIES NOT AUTHORIZED TO PERFORM SUCH WORK BY SELLER OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS CONTINUED USE OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT PRODUCT SHALL VOID THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, PRODUCT WARRANTY SET FORTH ABOVE AND BUYER WILL BE UNINTERRUPTEDDEEMED TO HAVE ACCEPTED THE PRODUCT AS IS, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIMEWITH NO FURTHER OBLIGATION OF SELLER TO BUYER. IF REQUESTED BY SELLER, BUYER SHALL RETURN NONCONFORMING PRODUCT TO SELLER STRICTLY IN ADDITIONACCORDANCE WITH SELLER’S WRITTEN INSTRUCTIONS CONCERNING SHIPPING, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADEDHANDLING, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENTINSURANCE, AND BANK DOES NOT MAKE OTHER MATTERS AS TO WHICH SELLER ISSUES INSTRUCTIONS. FAILURE TO COMPLY WITH THESE PROVISIONS SHALL INVALIDATE ANY WARRANTIES ON BEHALF CLAIM BY BUYER FOR BREACH OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTWARRANTY.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM GOBIG WARRANTS THAT IT HAS FULL POWER AND RELATED EQUIPMENT AND/AUTHORITY TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CLIENT. GOBIG WARRANTS THAT ALL SERVICES WILL BE PERFORMED CONSISTENT WITH GENERALLY ACCEPTED INDUSTRY STANDARDS AND IN A WORKMANLIKE MANNER BY QUALIFIED PERSONNEL. GOBIG EXPRESSLY DISCLAIMS ANY WARRANTIES CONCERNING YEAR 2000 COMPLIANCE OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND MILLENIUM DATE READINESS. GOBIG DISCLAIMS ALL OTHER SERVICESWARRANTIES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES WARRANITES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATIONUSAGE OF TRADE AND COURSE OF DEALING WITH RESPECT TO PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT. THIRD PARTY COMMERCIAL SOFTWARE VENDORS MAY OFFER WARRANTIES FOR SOFTWARE LICENSES PURCHASED BY OR LEASED TO THE CLIENT. GOBIG DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, DATA ACCURACY IN ALL SUCH SOFTWARE UNLESS SPECIFICALLY STATED IN A SEPARATE SOFTWARE LICENSE AGREEMENT BETWEEN GOBIG AND CLIENT. SUBJECT TO THE PROVISIONS OF SECTION VII AND WHAT MAY BE CONTAINED IN A VALID PURCHASE ORDER, STATEMENT OF WORK OR QUIET ENJOYMENTWORK ORDER, GOBIG HAS LICENSED NO SOFTWARE TO CLIENT.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, Federal Wibmo wallet SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND ON A “WHEN AVAILABLE” BASIS. USE OF Federal Wibmo wallet IS AT YOUR OWN RISK. Federal Wibmo wallet IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO (a) IMPLIED WARRANTIES OF TITLEMERCHANTABILITY, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS (b) APPLICABILITY FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. NO ADVICE OR INFORMATION GIVEN INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY BANK, ITS AFFILIATES YOU FROM Federal Wibmo wallet OR ITS CONTRACTORS ISSUERS OR THEIR RESPECTIVE EMPLOYEES OTHER RELATED SERVICE PROVIDERS WILL CREATE ANY WARRANTYWARRANTY NOT EXPRESSLY STATED HEREIN. NO ADVICE OR INFORMATION GIVEN BY BANKFederal Wibmo wallet, ITS AFFILIATES OR ISSUERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES PROCESSORS, ITS PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE SYSTEM CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT Federal Wibmo wallet WILL MEET CUSTOMER’S YOUR REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, ; THAT ANY DEFECTS OR ERRORS WILL BE UNINTERRUPTEDCORRECTED; THAT Federal Wibmo wallet SERVICES WILLBE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, SECURE UNINTERRUPTED OR ERROR FREE SECURE; OR THAT Federal Wibmo wallet IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM Federal Wibmo wallet IS DONE DOWNLOADED AT CUSTOMER’S YOUR OWN DISCRETION AND RISK AND THAT CUSTOMER YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM THE UPLOADINGSUCH DOWNLOAD. Federal Wibmo wallet DOES NOT WARRANT, DOWNLOADING ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH Federal Wibmo wallet OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENTADVERTISING, AND BANK DOES Federal Wibmo wallet WILL NOT MAKE BE A PARTY TO OR IN ANY WARRANTIES ON BEHALF WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH SERVICE PROVIDERS PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Federal Wibmo wallet, ITS ISSUERS, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF Federal Wibmo wallet. UNDER THIS AGREEMENTNO CIRCUMSTANCES WILL Federal Wibmo wallet BE RESPONSIBLE FOR ANY DAMAGE, EXPRESS LOSS, OR IMPLIEDINJURY RESULTING FROM HACKING, INCLUDINGTAMPERING, BUT NOT LIMITED TOOR OTHER UNAUTHORIZED ACCESS OR USE OF Federal Wibmo wallet, YOUR Federal Wibmo wallet ACCOUNT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTINFORMATION CONTAINED THEREIN.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINYou acknowledge that Webroot is not the provider of the MDR Services purchased by you hereunder and the only warranties offered are those of the MDR Provider, THE SYSTEM AND RELATED EQUIPMENT AND/not Webroot or its Affiliates. In purchasing the MDR Services, you rely on the MDR Provider’s service descriptions and the terms and conditions set forth in the MDR Terms and Conditions only and not on any statements, specifications, service descriptions or other specifications representing the MDR Services that may be provided by Webroot or its Affiliates. YOU EXPRESSLY WAIVE ANY CLAIM THAT YOU MAY HAVE AGAINST WEBROOT OR ITS AFFILIATES BASED ON ANY PRODUCT LIABILITY OR INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER MATERIALS USED IN CONNECTION INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SYSTEM MDR SERVICES AND ALSO WAIVE ANY RIGHT TO INDEMNIFICATION FROM WEBROOT OR ITS AFFILIATES AGAINST ANY SUCH CLAIM MADE AGAINST YOU BY A THIRD PARTY. WEBROOT MAKES NO, AND EXPRESSLY DISCLAIMS, ANY AND ALL OTHER SERVICES, WARRANTIES AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDINCLUDING WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTFUNCTIONALITY, MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, ACCURACY AND/OR SYSTEM INTEGRATION, WHETHER EXPRESS, IMPLIED OR STATUTORY, ARISING OUT OF, OR RELATED TO, THE MDR SERVICES OR THE HARDWARE OR SOFTWARE USED TO DELIVER THE MDR SERVICES. FURTHERMORE, WEBROOT DOES NOT WARRANT THAT THE MDR SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, THAT ALL ERRORS WILL BE CORRECTED, OR THAT THE MDR SERVICES WILL MEET YOUR REQUIREMENTS. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MDR PROVIDER’S WARRANTY. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. THE TERMS OF THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY WARRANTIES FROM THE MDR PROVIDER. YOU ACKNOWLEDGE THAT NO REPRESENTATIVE OF WEBROOT OR ITS AFFILIATES IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY THAT IS NOT IN THESE TERMS AND CONDITIONS. You shall be solely responsible for daily back-up and other protection of your data and software against loss, damage or corruption. You shall be solely responsible for reconstructing data (including but not limited to data located on disk files and memories) and software that may be lost, damaged or corrupted during the performance of MDR Services. WEBROOT, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS, SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALL CONTINUE TO BE RELEASED FROM ALL LIABILITY IN CONNECTION WITH THE LOSS, DAMAGE OR CORRUPTION OF DATA ACCURACY AND SOFTWARE, AND YOU ASSUME ALL RISK OF LOSS, DAMAGE OR QUIET ENJOYMENTCORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED TO OR RESULTING FROM THE MDR SERVICES. Pricing Information; Availability Disclaimer Webroot reserves the right to make adjustments to pricing and MDR Services offerings for reasons including, but not limited to, changing market conditions, MDR Services discontinuation, MDR Services unavailability, MDR Provider price changes, and changes to the relationship between Webroot and the MDR Provider. Therefore, Webroot cannot guarantee that it will be able to fulfill your orders. Limitation of Liability UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL WEBROOT, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABLE FOR: ANY INCREASED COSTS, DIMINUTION IN VALUE, LOSS OF PROFITS, LOSS OF SALES OR TURNOVER, LOSS OR DAMAGE TO REPUTATION, GOODWILL, BUSINESS, PRODUCTION, REVENUES OR SAVINGS, LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, SOFTWARE OR SYSTEM SECURITY, COST OF REPLACEMENT GOODS OR SERVICES, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF WEBROOT HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, AND WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF WEBROOT AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES, FOR DAMAGES ARISING OUT OF OR RELATED TO THE MDR SERVICES EXCEED THE LESSER OF: (A) THE AMOUNT PAID BY YOU TO WEBROOT FOR THE APPLICABLE SUBSCRIPTION TERM FOR THE MDR SERVICES; OR (B) $1,000.

Warranties. EXCEPT AS 4.1 LANDLORD HAS MADE NO REPRESENTATION TS OR WARRANTIES, EXPRESS OR IMPLIED; NOR DOES LANDLORD MAKE ANY HEREIN REGARDING THE CONDITION OF THE FACILITY OR ANY PART THEREOF INCLUDING WITHOUT LIMITATION THE STRUCTURAL, SOUNDNESS THEREOF, THE. PRESENCE OR ABSENCE OF HAZARDOUS SUBSTANCES OR THE FACILITY'S FITNESS FOR ANY PARTICULAR USE OR OCCUPANCY. LANDLORD FURTHER HEREBY SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, BOTH EXPRESS AND IMPLIED IN LAW, WITH RESPECT TO THE CONDITION, HABITABILITY, OR SUITABILITY OF THE FACILITY, OR ANY PART THEREOF, FOR THE USE AND PURPOSES PERMITTED HEREUNDER OR ANY OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESPURPOSE, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK LANDLORD DOES NOT REPRESENT T OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTSFACILITY OR A NY PART THEREOF COMPLIES WITH ARTY LAWS RELATING TO THE USES AND OCCUPANCY THEREOF. TENANT FULLY UNDERSTANDS THAT THERE MAY BE CERTAIN ALTERATIONS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL REPAIRS AND REPLACEMENTS REQUIRED TO CAUSE THE FACILITY TO COMPLY WITH APPLICABLE LAW (AS THE SAME MAY BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES MODIFIED FROM TIME TO TIME THROUGHOUT THE TERM HEREOF) AND AGREES THAT TRANSMISSIONS OVER FOR THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE CONTINUED LICENSING OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL FACILITY, AMID TENANT SHALL BE SOLELY FULLY RESPONSIBLE FOR THE COST OF AND FOR EFFECTUATING ANY DAMAGE AND ALL ALTERATIONS, REPAIRS AND REPLACEMENTS REQUIRED TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS BE MADE TO CAUSE THE FACILITY TO COMPLY WITH APPLICABLE LAW AND FOR THE CONTINUED LICENSING OF DATA THE FACILITY AS WELL AS ALL ALTERATIONS. REPAIRS AND REPLACEMENTS REQUIRED TO MAINTAIN AND PRESERVE THE FACILITY IN THE CONDITION CALLED FOR HEREIN. TENANT ACKNOWLEDGES THAT RESULTS FROM LANDLORD IS NOT RESPONSIBLE FOR AND TENANT SHALL HOLD LANDLORD HARMLESS IN CONNECTION WITH ANY SUCH ALTERATIONS, REPAIRS AND REPLACEMENTS TO THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATAFACILITY FOR ANY REASON WHATSOEVER. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.Initials of Tenant: WT

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, (a) SELLER WARRANTS THAT THE SYSTEM PRODUCT SOLD IS OF THE KIND AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED QUALITY DESCRIBED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESTHIS AGREEMENT, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES THAT SELLER HAS GOOD TITLE TO THE PRODUCT. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY KINDOTHER WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO DESCRIPTION OF THE PRODUCT, QUALITY OF THE PRODUCT, WARRANTIES OF TITLEMERCHANTABILITY, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSEUSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS OR IMPLIED. BUYER ACKNOWLEDGES THAT SELLER SHALL IN NO ADVICE WAY BE RESPONSIBLE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES LIABLE TO BUYER OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY OTHER PARTY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMERPRODUCT. BUYER ACKNOWLEDGES THAT BUYER HAS NOT AND DOES NOT RELY ON SELLER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE SKILL OR JUDGMENT WITH REGARD TO THE SELECTION OF THE PRODUCT AS FIT OR SUITABLE FOR ANY PARTICULAR PURPOSE. BUYER’S EXCLUSIVE REMEDY FOR ANY AND ALL LOSSES AND OTHER DAMAGE RESULTING FROM SALE OF PRODUCT PURSUANT TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, ANY SPECIAL PROVISIONS AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIEDTHESE GENERAL TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, CLAIMS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY SHALL BE LIMITED, AT SELLER’S OPTION, EITHER TO REPLACEMENT OF THE IMPLIED WARRANTIES PRODUCT OR REFUND OF MERCHANTABILITY, FITNESS THE PURCHASE PRICE FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTTHE NONCONFORMING PRODUCT.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINThe Warranty and Repair Guidelines provided by the manufacturer of the Products will control servicing and repairs of Products under warranty. Manufacturers’ warranties may change from time to time. Warranty terms will be contained with the phone or other Product to which the warranty is applicable. An illustrative Boost Mobile phone handset warranty is set forth in Attachment E. This Agreement does not exclude or modify any condition or warranty implied into this Agreement or any liability imposed on Supplier and/or Boost Mobile by any law if to do so would contravene that law or make any part of this clause void or unenforceable. However, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESto the maximum extent permitted by law, AND EQUIPMENT PROVIDEDSupplier and Boost Mobile exclude and disclaim all conditions, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT liabilities and warranties that may be expressed or implied into this Agreement. NEITHER SUPPLIER NOR BOOST MOBILE MAKES ANY WARRANTIES OF ANY KIND, EITHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO DISTRIBUTOR, ANY RETAILER, OR TO ANY OTHER PURCHASER OR END-USER OF THE PRODUCTS. SUPPLIER AND BOOST MOBILE SPECIFICALLY MAKE NO EXPRESS OR IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE , NOR DO THEY WARRANT THE RESULTS OF PRODUCT USAGE, THAT A PRODUCT WILL OPERATE UNINTERRUPTED OR INFORMATION GIVEN BY BANKERROR FREE, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES THAT A PRODUCT’S FUNCTIONALITY WILL CREATE MEET ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR USER REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENTDISTRIBUTOR HEREBY WAIVES, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTSHALL CAUSE ITS RETAILERS TO WAIVE, ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS OR LIABILITIES, EXPRESS OR IMPLIED, INCLUDINGARISING BY LAW OR OTHERWISE. DISTRIBUTOR’S AND ITS RETAILERS’ SOLE AND EXCLUSIVE REMEDY RELATING TO THIS AGREEMENT AND/OR PRODUCTS SHALL BE THE REMEDY, BUT NOT LIMITED TOIF ANY, AFFORDED BY THE IMPLIED WARRANTIES MANUFACTURER OF MERCHANTABILITYSUCH PRODUCTS TO DISTRIBUTOR, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY ITS RETAILERS AND/OR QUIET ENJOYMENTDISTRIBUTOR’S OR SUCH RETAILERS’ CUSTOMERS.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM DEALER’S OBLIGATIONS AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED WARRANTIES UNDER THIS AGREEMENT ARE IN CONNECTION WITH THE SYSTEM AND LIEU OF (A) ALL OTHER SERVICESWARRANTIES, AND EQUIPMENT PROVIDED, LEASED EXPRESSED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT IMPLIED INCLUDING IMPLIED WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE , WHICH ARE SPECIFICALLY WAIVED AND (B) ALL OTHER OBLIGATIONS OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY LIABILITIES FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, DAMAGES INCLUDING, BUT NOT LIMITED TO: 1) PERSONAL INJURY OR PROPERTY DAMAGE, OR 2) LOSS OF PROFIT OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; OR THE IMPLIED WARRANTIES MAINTENANCE SERVICE CAUSED DIRECTLY OR INDIRECTLY BY STRIKES, ACCIDENTS, CLIMATIC CONDITIONS, OR REASON OF MERCHANTABILITYSIMILAR NATURE BEYOND ITS CONTROL. CUSTOMER AGREES THAT IF DEALER CAUSED ANY INJURY OR DAMAGE TO CUSTOMER OR CUSTOMER’S PROPERTY, FITNESS WHICH SAID CLAIM IS NOT OTHERWISE WAIVED HEREIN, CUSTOMER AGREES THAT THE MAXIMUM AMOUNT THAT DEALER SHALL HAVE TO PAY CUSTOMER FOR SAID INJURY OR DAMAGE IS AN AMOUNT EQUAL TO THE AMOUNT PAID FOR SERVICES RENDERED TO THE CUSTOMER THAT CAUSED SAID INJURY OR DAMAGE. Dated: _______________________ _____________________________ ___________________________________ CUSTOMER DEALER Attachment A PARTICULAR PURPOSE, NONCommencement Date____________________ Billing: Annual____ Semi-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.Annual____ Quarterly(ACH)____ Quantity Part# Description Fee Attachment B Commencement Date____________________ Billing: Annual____ Semi-Annual____ Quarterly(ACH)____

Warranties. EXCEPT Seller warrants that the Products sold under this Agreement shall conform to the Specifications, and be free from manufacturing defects. BUYER'S EXCLUSIVE REMEDY FOR NON-CONFORMING OR DEFECTIVE PRODUCTS SHALL BE REPLACEMENT OF SUCH NON-CONFORMING OR DEFECTIVE PRODUCTS AT SELLER'S EXPENSE AT THE PLANT FROM WHICH SUCH PRODUCTS WERE INITIALLY SHIPPED AND, PENDING SUCH REPLACEMENT, ISSUANCE OF APPROPRIATE CREDIT INVOICES AS SPECIFICALLY SET FORTH HEREINPROVIDED IN PARAGRAPH 8 HEREOF. IF BUYER HAS TIMELY REJECTED OR REVOKED ACCEPTANCE OF NON-CONFORMING OR DEFECTIVE PRODUCTS IN ACCORDANCE WITH PARAGRAPH 8 HEREOF AND SELLER IS UNABLE TO REPLACE SUCH NON-CONFORMING OR DEFECTIVE PRODUCTS AND IS UNABLE TO FURNISH OTHER PRODUCTS THAT MEET SELLER'S WARRANTY WITHIN 60 DAYS OF SUCH REJECTION OR REVOCATION OF ACCEPTANCE, BUYER SHALL BE ENTITLED TO A REFUND OF ITS PURCHASE PRICE FOR SUCH NON-CONFORMING OR DEFECTIVE PRODUCTS IF PREVIOUSLY PAID. SELLER'S LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM DELIVERY OF NON-CONFORMING OR DEFECTIVE PRODUCTS OR NON-DELIVERY OR LATE DELIVERY OF PRODUCTS SHALL NOT EXCEED THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED PURCHASE PRICE THEREOF, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESCONTRACT, AND EQUIPMENT PROVIDEDTORT (INCLUDING, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES NEGLIGENCE OR STRICT LIABILITY OR OTHERWISE). TO THE FULL EXTENT PERMITTED BY LAW, NEITHER SELLER NOR BUYER SHALL BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE NOR IS THERE ANY OTHER WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ON THE IMPLIED WARRANTIES PART OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTSELLER EXCEPT AS EXPRESSLY PROVIDED ABOVE. In no event shall any of the warranties given by Seller hereunder be assignable by buyer.

Warranties. ‌ Except as expressly stated herein, BF International makes no warranty or representation as to the merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through BF International . EXCEPT AS SPECIFICALLY SET FORTH HEREINEXPRESSLY MADE BY BF INTERNATIONAL IN WRITING, THE SYSTEM AND RELATED EQUIPMENT AND/BF INTERNATIONAL MAKES NO WARRANTY OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTREPRESENTATION, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AS TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, NON-INFRINGEMENTINFRINGEMENT OR ANY OTHER WARRANTY ARISING BY LAW, SYSTEM INTEGRATIONSTATUTE, DATA ACCURACY USAGE OF TRADE OR QUIET ENJOYMENTCOURSE OF DEALING CONCERNING ANY PRODUCT OR SERVICE PURCHASED FROM OR THROUGH BF INTERNATIONAL . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES OF BF INTERNATIONAL ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” BF INTERNATIONAL DOES NOT WARRANT THAT ITS PRODUCTS OR SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE SYSTEMS OR THAT ON-LINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. BF INTERNATIONAL DOES NOT WARRANT THAT ANY WEBSITE OPERATED, SPONSORED OR HOSTED BY BF INTERNATIONAL OR ANY OF ITS AFFILIATES WILL BE UNINTERRUPTED OR FREE FROM ERROR. BF INTERNATIONAL IS NOT RESPONSIBLE FOR INTERRUPTED, INACCESSIBLE OR UNAVAILABLE NETWORKS, SERVER, SATELLITES AND/OR SERVICE PROVIDERS; OR FOR MISCOMMUNICATIONS, FAILED, JUMBLED, SCRAMBLED, DELAYED OR MISDIRECTED COMPUTER, TELEPHONE OR CABLE TRANSMISSIONS; OR FOR ANY TECHNICAL MALFUNCTIONS, FAILURES OR DIFFICULTIES.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, IDBI BANK PAYAPT SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND ON A “WHEN AVAILABLE” BASIS. USE OF IDBI BANK PAYAPT IS AT YOUR OWN RISK. IDBI BANK PAYAPT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO (a) IMPLIED WARRANTIES OF TITLEMERCHANTABILITY, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS (b) APPLICABILITY FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION GIVEN INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY BANK, ITS AFFILIATES YOU FROM IDBI BANK PAYAPT OR ITS CONTRACTORS ISSUERS OR THEIR RESPECTIVE EMPLOYEES OTHER RELATED SERVICE PROVIDERS WILL CREATE ANY WARRANTYWARRANTY NOT EXPRESSLY STATED HEREIN. NO ADVICE OR INFORMATION GIVEN BY BANKIDBI BANK PAYAPT, ITS AFFILIATES OR ISSUERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES PROCESSORS, ITS PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE SYSTEM CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT IDBI BANK PAYAPT WILL MEET CUSTOMER’S YOUR REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, ; THAT ANY DEFECTS OR ERRORS WILL BE UNINTERRUPTEDCORRECTED; THAT IDBI BANK PAYAPT SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, SECURE UNINTERRUPTED OR ERROR FREE SECURE; OR THAT IDBI BANK PAYAPT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IDBI BANK PAYAPT IS DONE DOWNLOADED AT CUSTOMER’S YOUR OWN DISCRETION AND RISK AND THAT CUSTOMER YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM THE UPLOADINGSUCH DOWNLOAD. IDBI BANK PAYAPT DOES NOT WARRANT, DOWNLOADING ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH IDBI BANK PAYAPT OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENTADVERTISING, AND IDBI BANK DOES PAYAPT WILL NOT MAKE BE A PARTY TO OR IN ANY WARRANTIES ON BEHALF WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH SERVICE PROVIDERS PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IDBI BANK PAYAPT, ITS ISSUERS, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF IDBI BANK PAYAPT. UNDER THIS AGREEMENTNO CIRCUMSTANCES WILL IDBI BANK PAYAPT BE RESPONSIBLE FOR ANY DAMAGE, EXPRESS LOSS, OR IMPLIEDINJURY RESULTING FROM HACKING, INCLUDINGTAMPERING, BUT NOT LIMITED TOOR OTHER UNAUTHORIZED ACCESS OR USE OF IDBI BANK PAYAPT, YOUR IDBI BANK PAYAPT ACCOUNT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTINFORMATION CONTAINED THEREIN.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, YORK AND THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESCOMPANIES HAVE NOT MADE, AND EQUIPMENT PROVIDEDYORK AND THE COMPANIES HEREBY EXPRESSLY DISCLAIM AND NEGATE, LEASED ANY REPRESENTATION OR SOLD BY BANKWARRANTY, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED OF ANY KIND OR NATURE WHATSOEVER, RELATING TO WARRANTIES ANY IMPLIED OR EXPRESSED WARRANTY OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED OR EXPRESSED WARRANTY CONCERNING ENVIRONMENTAL CONDITION, ZONING, FLOODING OR DRAINAGE CHARACTERISTICS, WETLANDS STATUS, FAULTING CHARACTERISTICS OR SOIL CONDITIONS WITH RESPECT TO THE COMPANIES AND THE ASSETS. NO ADVICE EMPIRE AND XXXXXXXX ACKNOWLEDGE THAT ENVIRONMENTAL PERMITS ARE REQUIRED FOR EMPIRE TO OWN AND OPERATE CERTAIN OF THE ASSETS AND THAT LICENSES OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OTHER APPROVALS MAY BE REQUIRED TO OPERATE CERTAIN OF THE ASSETS. EMPIRE AND XXXXXXXX ACKNOWLEDGE AND AGREE THAT CERTAIN OF THE ENVIRONMENTAL PERMITS OF THE COMPANIES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE THE ASSETS AND ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE APPLICABLE LICENSES NECESSARY TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER OPERATE SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET ASSETS MAY NOT BE SECUREFREELY ASSIGNABLE TO EMPIRE. CUSTOMER FURTHER ACKNOWLEDGES EMPIRE AND AGREES XXXXXXXX ACKNOWLEDGE AND AGREE THAT UNDER SOME CIRCUMSTANCES THERE MAY BE A PERIOD OF TIME BETWEEN ACQUISITION OF AN ASSET AND ISSUANCE, REISSUANCE OR TRANSFER OF A PERMIT BY A GOVERNMENTAL AUTHORITY, AND, SUBJECT TO THE OBLIGATIONS OF YORK UNDER THIS AGREEMENT TO COOPERATE WITH AND ASSIST EMPIRE IN CONNECTION THEREWITH, EMPIRE ASSUMES ALL RISKS RELATED THERETO, INCLUDING RISK OF FINES AND PENALTIES ASSOCIATED WITH ACQUISITION AND OPERATION OF AN ASSET PRIOR TO ISSUANCE, REISSUANCE OR TRANSFER OF A PERMIT OR LICENSE. IF ANY ENVIRONMENTAL PERMITS ARE ISSUED, REISSUED, OR TRANSFERRED TO EMPIRE, EMPIRE AND XXXXXXXX UNDERSTAND AND ACKNOWLEDGE THAT THEY MAY CONTAIN DIFFERENT OR LESS FAVORABLE TERMS THAN THOSE ENVIRONMENTAL PERMITS CURRENTLY HELD BY YORK OR THE COMPANIES. EMPIRE AND XXXXXXXX ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 3.07 ARE A MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE PORTION OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK INDUCEMENT TO THE COMPANIES TO SELL THE ASSETS TO EMPIRE, AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE BUT FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOPROVISIONS, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTCOMPANIES WOULD NOT SELL THE ASSETS TO EMPIRE.

Warranties. Lessor grants to Lessee the benefit of any and all warranties made available by IBM in the Purchase Agreement. Lessor warrants that neither Lessor nor anyone acting or claiming through Lessor, by assignment or otherwise, will interfere with Lessee's quiet enjoyment of the use of the Equipment so long as no event of default shall have occurred and be continuing. EXCEPT AS SPECIFICALLY SET FORTH HEREINFOR LESSOR'S WARRANTY OF QUIET ENJOYMENT, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESLESSOR MAKES NO WARRANTY, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIEDMATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AS TO LESSOR, NON-INFRINGEMENTLESSEE LEASES THE EQUIPMENT AND TAKES THE ADDITIONAL TERMS AND CONDITIONS ON PAGES 2 THROUGH 4 ARE PART OF THIS AGREEMENT. LESSEE ACKNOWLEDGES THAT LESSEE HAS READ THIS AGREEMENT AND ITS SUPPLEMENT, SYSTEM INTEGRATIONUNDERSTANDS THEM, DATA ACCURACY AND AGREES TO BE BOUND BY THEIR TERMS AND CONDITIONS. FURTHER, LESSEE AGREES THAT THIS AGREEMENT AND ITS SUPPLEMENT ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, SUPERSEDING ALL PROPOSALS OR QUIET ENJOYMENTPRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF. Accepted by: /s/ SMS GEOTRAC IBM CREDIT CORPORATION ---------------------------------------- Lessee By /s/ Eilexx Xxxxxx By /s/ Danixx X. Xxxxx, Xxesident ------------------------------------- ------------------------------------- Authorized Signature Authorized Signature Eilexx Xxxxxx 7/11/95 DANIXX X. XXXXX 6/30/95 ------------------------------------- ------------------------------------- Name (Type or Print) Date Name (Type or Print) Date 2 ANY PROGRAMMING "AS IS" IN NO EVENT SHALL LESSOR HAVE ANY LIABILITY FOR, NOR SHALL LESSEE HAVE ANY REMEDY AGAINST LESSOR FOR, CONSEQUENTIAL DAMAGES, ANY LOSS OF PROFITS OR SAVINGS, LOSS OF USE, OR ANY OTHER COMMERCIAL LOSS.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINThe Seller warrants that the Technical Data are prepared in accordance with the state of art at the date of their conception. Should any Technical Data prepared by the Seller contain non-conformity or defect, the sole and exclusive liability of the Seller shall be to take all reasonable and proper steps to correct such Technical Data. Notwithstanding the above, no warranties of any kind are given for the COC Data, as set forth in Clause 14.9. THE SYSTEM WARRANTIES, OBLIGATIONS AND RELATED EQUIPMENT LIABILITIES OF THE SELLER AND/OR OTHER MATERIALS USED ITS SUPPLIERS AND REMEDIES OF THE BUYER SET FORTH IN CONNECTION WITH THIS CLAUSE 14 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE SYSTEM BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER SERVICESWARRANTIES, OBLIGATIONS AND EQUIPMENT PROVIDEDLIABILITIES OF THE SELLER AND/OR ITS SUPPLIERS AND RIGHTS, LEASED CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, ITS SUPPLIERS AND/OR SOLD BY BANKTHEIR INSURERS, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN ANY TECHNICAL DATA DELIVERED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WARRANTIES TO: ANY WARRANTY AGAINST HIDDEN DEFECTS (GARANTIE DES VICES CACHES); ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FITNESS; ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY, WHETHER CONTRACTUAL OR DELICTUAL AND WHETHER OR NOT ARISING FROM THE SELLER’S AND/OR ITS SUPPLIERS’ NEGLIGENCE, ACTUAL OR IMPUTED; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR A PARTICULAR PURPOSELOSS OR DAMAGE TO ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY OR PART THEREOF OR ANY TECHNICAL DATA DELIVERED HEREUNDER. THE SELLER AND/OR ITS SUPPLIERS SHALL HAVE NO ADVICE OBLIGATION OR INFORMATION GIVEN BY BANKLIABILITY, HOWSOEVER ARISING, FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY OTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NONCONFORMITY OR DEFECT IN ANY TECHNICAL DATA DELIVERED UNDER THIS AGREEMENT. FOR THE PURPOSES OF THIS CLAUSE 14.11.2, “THE SELLER” SHALL INCLUDE THE SELLER, ITS AFFILIATES OR ITS CONTRACTORS OR AND ANY OF THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTYINSURERS. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.C.I.T. Leasing Corporation A320 NEO Family Purchase Agreement July 2011

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, SAFEPAY SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND ON A “WHEN AVAILABLE” BASIS. USE OF SAFEPAY IS AT YOUR OWN RISK. SAFEPAY IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO (a) IMPLIED WARRANTIES OF TITLEMERCHANTABILITY, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS (b) APPLICABILITY FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION GIVEN INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY BANK, ITS AFFILIATES YOU FROM SAFEPAY OR ITS CONTRACTORS ISSUERS OR THEIR RESPECTIVE EMPLOYEES OTHER RELATED SERVICE PROVIDERS WILL CREATE ANY WARRANTYWARRANTY NOT EXPRESSLY STATED HEREIN. NO ADVICE OR INFORMATION GIVEN BY BANKSAFEPAY, ITS AFFILIATES OR ISSUERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES PROCESSORS, ITS PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE SYSTEM CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT SAFEPAY WILL MEET CUSTOMER’S YOUR REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, ; THAT ANY DEFECTS OR ERRORS WILL BE UNINTERRUPTEDCORRECTED; THAT SAFEPAY SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, SECURE UNINTERRUPTED OR ERROR FREE SECURE; OR THAT SAFEPAY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM SAFEPAY IS DONE DOWNLOADED AT CUSTOMER’S YOUR OWN DISCRETION AND RISK AND THAT CUSTOMER YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM THE UPLOADINGSUCH DOWNLOAD. SAFEPAY DOES NOT WARRANT, DOWNLOADING ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH SAFEPAY OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENTADVERTISING, AND BANK DOES SAFEPAY WILL NOT MAKE BE A PARTY TO OR IN ANY WARRANTIES ON BEHALF WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH SERVICE PROVIDERS PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAFEPAY, ITS ISSUERS, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF SAFEPAY. UNDER THIS AGREEMENTNO CIRCUMSTANCES WILL SAFEPAY BE RESPONSIBLE FOR ANY DAMAGE, EXPRESS LOSS, OR IMPLIEDINJURY RESULTING FROM HACKING, INCLUDINGTAMPERING, BUT NOT LIMITED TOOR OTHER UNAUTHORIZED ACCESS OR USE OF SAFEPAY, YOUR SAFEPAY ACCOUNT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTINFORMATION CONTAINED THEREIN.

Warranties. Except as otherwise provided in writing by Seller, on a Product-by-Product basis, for a period commencing on the date a Product is delivered to Customer and ending on the earlier of the one-year anniversary or, if a shorter period, after 2,000 hours of operation of the Product (the “Warranty Period”), Seller warrants that the Product will be free from defects in materials and workmanship, and will conform to written design specifications in all material respects. Customer agrees that there have been no affirmations of fact or promises made by Seller relating to the Products that have become part of the basis of the bargain, other than any affirmations and promises expressly set forth in the Agreement. Materials not specified by Customer shall be Seller’s standard materials of construction. DISCLAIMERS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITING, SELLER DOES NOT MAKE AND HEREBY SPECIFICALLY SET FORTH HEREINDISCLAIMS, THE SYSTEM AND RELATED EQUIPMENT AND/ANY REPRESENTATIONS OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICESWARRANTIES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ADVICE ANY AFFIRMATION OF FACT OR INFORMATION GIVEN PROMISE MADE BY BANKSELLER SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY THAT THE GOODS SHALL CONFORM TO THE AFFIRMATION OR PROMISE. WITHOUT LIMITING THE FOREGOING, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANKSELLER SPECIFICALLY DISCLAIMS ALL WARRANTIES UNLESS OTHERWISE EXPRESSLY PROVIDED IN WRITING, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY IN THE EVENT THAT SELLER CUSTOM BUILDS A PRODUCT TO CUSTOMER’S DESIGN SPECIFICATIONS; FOR ANY DAMAGE RESULTING FROM IMPROPER STORAGE OR HANDLING FOLLOWING SHIPMENT; FOR PRODUCTS THAT HAVE BEEN REPAIRED BY CUSTOMER OR THIRD PARTIES UNLESS SELLER AUTHORIZES SUCH REPAIRS IN WRITING IN ADVANCE; FOR ANY DEFECTS IN ANY COMPONENTS OR EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS FURNISHED BY CUSTOMER OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES ; AND AGREES THAT TRANSMISSIONS OVER FOR THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE RESULTS OBTAINED THROUGH BY THE USE OF THE SYSTEM IS DONE AT ANY PRODUCT IN CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT MANUFACTURING PROCESSES OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR IN COMBINATION WITH OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENTEQUIPMENT.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN You expressly acknowledge and agree that use of the Test Fonts is at your sole risk. The Test Fonts and related documentation are provided “AS IS” BASIS WITHOUT WARRANTIES OF ANY KINDand, EITHER EXPRESS OR IMPLIEDexcept as noted herein, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTis without warranty of any kind and HURME DESIGN hereby EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HURME DESIGN DOES NOT WARRANT THAT THE OPERATION OF THE TEST FONTS WILL BE UNINTERRUPTED OR ERROR-FREE, NONOR THAT THE TEST FONTS IS WITHOUT DEFECTS. THE TEST FONTS IS NOT FAULT-INFRINGEMENTTOLERANT AND IS NOT IN- TENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUM- STANCES WHERE FAIL-SAFE OPERATION MAY BE REQUIRED. THE TEST FONTS MAY NOT BE USED IN MANUFACTURING, SYSTEM INTEGRATIONNAVIGATION, DATA ACCURACY AND CONTROL EQUIPMENT OR QUIET ENJOYMENTIN ANY OTHER CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE TEST FONTS COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR SEVERE PHYS- ICAL OR ENVIRONMENTAL DAMAGE. UNDER NO CIRCUMSTANCES SHALL HURME DESIGN BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUEN- TIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSI- NESS INTERRUPTION AS A RESULT OF THE USE OF THE TEST FONTS EVEN IF NOTI- FIED IN ADVANCE OF SUCH POSSIBILITY.

Warranties. EXCEPT WE WARRANT THAT THE SERVICES WILL CONFORM TO THE DESCRIPTIONS OF SUCH SERVICES AS SPECIFICALLY SET FORTH HEREIN, ITEMIZED HEREIN OR ON THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES AHS PORTION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPCL’S WEBSITE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES WE DO NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH (i) THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER OUR SERVICES WILL BE SOLELY RESPONSIBLE FOR TIMELY, UNINTERRUPTED OR ERROR FREE, (ii) OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR (iii) ALL ERRORS, PROBLEMS, OR DEFECTS WILL BE CORRECTED. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT OUR SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE CONFORMING SERVICES, OR TO TERMINATE THE NON-CONFORMING SERVICES OR THE APPLICABLE ORDER, AND PROVIDE A PRO-RATED REFUND OF ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS PREPAID FEES FROM THE UPLOADINGPERIOD OF NON-CONFORMANCE THROUGH THE END OF THE REMAINING TERM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DOWNLOADING WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITIONOTHERWISE, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE INCLUDING ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SYSTEM INTEGRATIONTHEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMERS LOCATED IN THOSE JURISDICTIONS. IF THE FOREGOING LIMITATION OF MONETARY IS FOUND OVER-BROAD OR UNENFORCEABLE, DATA ACCURACY OR QUIET ENJOYMENTCUSTOMER AGREES THAT THE MONETARY LIMITATION OF CUSTOMER DAMAGES SHALL BE AN AMOUNT EQUAL TO THE TOTAL AMOUNT THAT CUSTOMER HAS PAID FOR AHS SERVICES.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINTHE STATUTORY WARRANTY ADDENDUM (ADDENDUM NO. 4) CONTAINS THE SELLER’S ONLY WARRANTIES, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT AS TO THE PROPERTY, BUILDINGS, IMPROVEMENTS, UNIT, LIMITED TO WARRANTIES COMMON ELEMENTS, COMMON ELEMENTS, OR CONDOMINIUM. THE STATUTORY WARRANTY ADDENDUM CONTAINS WAIVERS OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPOTENTIAL CLAIMS AND DISCLAIMERS OF POTENTIAL DEFECTS. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S SELLER DISCLAIMS ALL OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTWARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, HABITABILITY, MERCHANTABILITY, WORKMANSHIP OR COMPLIANCE WITH LAW (INCLUDING WITHOUT LIMITATION COMPLIANCE WITH BUILDING CODES, HEALTH AND SAFETY CODES, AND LAND USE CODES). EXCEPT TO THE EXTENT SET FORTH IN THE STATUTORY WARRANTY ADDENDUM, BUYER AGREES, AS PART OF THE BARGAIN, TO ACCEPT THE UNIT AND THE COMMON ELEMENTS (INCLUDING THE LIMITED COMMON ELEMENTS) OF THE CONDOMINIUM "AS IS" AND WITH ALL DEFECTS, FLAWS OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THOSE NOTED IN THE LIMITED STATUTORY WARRANTY. THE BUYER HAS EXECUTED OR WILL EXECUTE THE STATUTORY WARRANTY ADDENDUM SIMULTANEOUSLY WITH BUYER EXECUTION OF THIS AGREEMENT. BUYER ACKNOWLEDGES THAT IT WAS ADVISED TO READ THE WARRANTY ADDENDA BEFORE SIGNING THIS AGREEMENT. BUYER ALSO ACKNOWLEDGES THAT THE STATUTORY WARRANTY ADDENDUM IS ATTACHED TO THE PUBLIC OFFERING STATEMENT AND THAT BUYER HAS SEVEN (7) DAYS TO REVIEW THE PUBLIC OFFERING STATEMENT AND CANCEL THIS AGREEMENT IF BUYER IS NOT SATISFIED WITH ANY INFORMATION THEREIN, INCLUDING THE TERMS OF SELLER’S WARRANTIES. I ACKNOWLEDGE AND ACCEPT THE WARRANTY DISCLAIMERS IN THIS SECTION 4.10. I ALSO WAIVE ANY CLAIMS I MAY NOW OR LATER HAVE ARISING UNDER ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITYWARRANTY, FITNESS EXCEPT FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.THE STATUTORY WARRANTY ADDENDUM. Buyer's Initials Buyer's Initials

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINWE MAKE NO WARRANTY, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES YOU CONCERNING ONLINE BANKING, ANY OF TITLETHE SERVICES OR FEATURES ACCESSED THROUGH ONLINE BANKING, NONINFRINGEMENTWEB BROWSERS, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED APPS ACCESSED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR INTERNET, OR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIEDINTERNET SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-OR NON- INFRINGEMENT, SYSTEM INTEGRATIONEXCEPT TO THE EXTENT REQUIRED BY LAW. ALL IMPLIED WARRANTIES ARE DISCLAIMED. IN NO EVENT SHALL ANY LICENSOR OR SERVICE PROVIDER OF ANY SOFTWARE OR SERVICE PROVIDED BY OR THROUGH US HEREUNDER BE LIABLE TO YOU FOR ANY ERROR, LOSS OF DATA, MALFUNCTION, OR DEFECT OF OR CAUSED BY SUCH SOFTWARE OR SERVICE. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY THIRD-PARTY INFORMATION OR DATA ACCURACY THAT YOU OBTAIN THROUGH THE USE OF ONLINE BANKING. NO ADVICE OR QUIET ENJOYMENTINFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM YOUR USE OF ONLINE BANKING WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF ONLINE BANKING AND THE SERVICES IS AT YOUR SOLE RISK. ONLINE BANKING IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR IN CONNECTION WITH THE USE OF ONLINE BANKING IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE OR OUR SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE.

Warranties. GOODS SOLD BY SELLER ARE NOT MANUFACTURED BY SELLER, AND SELLER HAS MADE NO AFFIRMATION OF FACT OR PROMISES RELATING TO THE GOODS. ALL WARRANTY CLAIMS SHALL BE ASSERTED EXCLUSIVELY AGAINST THE MANUFACTURER OF THE GOODS. EXCEPT AS SPECIFICALLY SET FORTH HEREINFOR TITLE, THERE ARE NO WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY, RELATING TO THE GOODS. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABLIITY OR FITNESS APPLIES TO THE GOODS. IF BUYER IS AN AUTHORIZED SELLER OR RESELLER FOR ANY MANUFACTURER AND BUYER CHOOSES TO PURCHASE SUCH MANUFACTURER’S GOODS FROM SELLER, ANY DISPUTE BETWEEN BUYER AND MANUFACTURER OF THE GOODS IS SOLELY BETWEEN BUYER AND MANUFACTURER. IF BUYER IS NOT AN AUTHORIZED SELLER OR RESELLER FOR ANY MANUFACTURER AND BUYER CHOOSES TO PURCHASE ANY MANUFACTURER’S GOODS FROM SELLER, ANY DISPUTE BETWEEN BUYER AND MANUFACTURER OF THE GOODS IS SOLELY BETWEEN BUYER AND MANUFACTURER. UNDER NO CIRCUMSTANCES IS SELLER A PART OF OR PARTY TO ANY DISPUTE BETWEEN BUYER OR BUYER’S CUSTOMER AND ANY MANUFACTURER. GOODS SOLD BY SELLER ARE NOT MANUFACTURED BY SELLER. THE GOODS MAY BE COVERED BY A MANUFACTURER’S WARRANTY, SERVICE, OR SUPPORT POLICY (IF PRESENT). IF SUCH WARRANTY IS PRESENT, SELLER ON DATE OF SHIPPING ASSIGNS AND PASSES TO BUYER ANY SUCH WARRANTY OF THE MANUFACTURER. XXXXX AGREES, ACCEPTS, AND ACKNOWLEDGES THAT BUYER SHALL HAVE RECOURSE ONLY AGAINST THE MANUFACTURER OF SUCH GOODS UNDER SUCH WARRANTIES AND ONLY AGAINST THE MANUFACTURER. IF REQUESTED BY THE BUYER IN WRITING, THE SYSTEM SELLER MAY BE ABLE TO PURCHASE A MANUFACTURER’S WARRANTY, SERVICE, AND RELATED EQUIPMENT AND/SUPPORT POLICY. IN THE EVENT BUYER MAKES SUCH A REQUEST AND SELLER IS ABLE TO PURCHASE A MANUFACTURER’S WARRANTY, SERVICE, AND SUPPORT POLICY, THEN BUYER HEREBY AGREES TO PREPAY SELLER THE FULL COST OF SUCH PURCHASE. ANY ORDER RECEIVED FOR SUCH WARRANTY IS NON- CANCELLANBLE AND ANY AMOUNT PAID BY BUYER TO SELLER FOR SUCH WARRANTY, SERVICE, OR OTHER MATERIALS USED SUPPORT POLICY IS NOT REFUNDABLE IN CONNECTION WITH THE SYSTEM ANY CIRCUMSTANCES. SELLER MAKES NO REPRESENTATION OR EXPRESS WARRANTY REGARDING ANY GOODS PURCHASED BY BUYER FROM SELLER EXCEPT THOSE STATED HEREIN. SELLER SPECIFICALLY DISCLAIMS ANY AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTWARRANTIES, EXPRESS OR IMPLIED, INCLUDINGAS TO ANY GOODS PURCHASED BY BUYER FROM SELLER, BUT NOT LIMITED TOINCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTAND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, SYSTEM INTEGRATIONTRADE USAGE, DATA ACCURACY COURSE OF DEALING, OR QUIET ENJOYMENTCOURSE OF PERFORMANCE. SELLER OFFERS A THIRTY DAY ADVANCED REPLACEMENT WARRANTY FROM THE DATE OF SHIPPING ON GOODS PURCHASED FROM SELLER. IF A GOOD FAILS TO OPERATE UNDER THE MANUFACTURER’S SPECIFIED OPERATING ENVIRONMENT WITHIN THIRTY DAYS FROM THE DATE OF SHIPMENT, SELLER WILL PROVIDE A REPLACEMENT IN EXCHANGE FOR THE DEFECTIVE GOOD.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREINBy using, downloading or otherwise installing any Incredibuild Product, Licensee represents and warrants that it is duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or organization; and that the execution and performance of this Agreement will not conflict with other agreements to which it is bound or violate applicable law. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SYSTEM AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SYSTEM SOFTWARE PRODUCT, CLOUD SERVICES AND ALL OTHER SERVICES, RELATED FEATURES AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KINDBASIS. INCREDIBUILD HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLELIMITED, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTNON- INFRINGEMENT OR QUALITY OF SERVICE. INCREDIBUILD DOES NOT WARRANT THAT THE SOFTWARE PRODUCT AND CLOUD SERVICES WILL BE UNINTERRUPTED, SYSTEM INTEGRATIONERROR FREE, DATA ACCURACY OR QUIET ENJOYMENTTHAT DEFECTS WILL BE CORRECTED. INCREDIBUILD DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR, THE LICENSEE’S CLOUD, THE CLOUD PARTNER(S), THE MARKETPLACE OR ANY THIRD PARTY’S ACTS OR OMISSIONS, AND SHALL HAVE NO LIABILITY FOR ANY FAILURE, UNAVAILABILITY OR DEGRADATION OF THE LICENSEE’S CLOUD, CLOUD PARTNER, THE MARKETPLACE OR ANY THIRD PARTY BEYOND INCREDIBUILD’S REASONABLE CONTROL. THE INDEPENDENT MODIFICATION OF THE CLOUD PARTNER TERMS AND/OR LICENSEE’S CLOUD COULD ADVERSELY IMPACT THE FUNCTIONALITY OR QUALITY OF CLOUD SERVICES, AND INCREDIBUILD SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY (INCLUDING TO PROVIDE ANY REFUNDS) IF SUCH ADVERSE IMPACT OCCURS. INCREDIBUILD SHALL NOT BE RESPONSIBLE FOR ANY UNAVAILBILTY OF THE MARKETPLACE AND/OR ANY DISPUTES RELATED TO PAYMENT PROCESSING, INVOICING AND BILLING BY THE PARTNER/MARKETPLACE, OR LICENSEE’S PAYMENT OBLIGATIONS TO THE PARTNER AND.ORMARKETPLACE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IN THE EVENT A COMPENTENT COURT RULING STATES THAT SOME OR ALL OF THE ABOVE EXCLUSIONS OF IMPLIED WARRANTY ARE NOT APPLICABLE IN A CREATIN HURISDICTION, THIS DISCLAIMER WILL BE INTERPRETED TO APPLY EQUIVALENT LEGAL RIGHTS TO MAINTAIN SUCH EXCLUSIONS IN THAT CERTAIN JURISDICTION.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, The Company acknowledges that it has selected the Equipment based upon its own judgment and without reliance on any statement or representation by the City. THE SYSTEM AND RELATED EQUIPMENT AND/CITY MAKES NO REPRESENTATION OR OTHER MATERIALS USED IN CONNECTION WARRANTY WITH RESPECT TO THE SYSTEM AND ALL OTHER SERVICES, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENTEQUIPMENT, EXPRESS OR IMPLIED, INCLUDINGAND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF THE CITY, BUT NOT LIMITED TOEXPRESS OR IMPLIED, AS TO (A) THE FITNESS FOR ANY PARTICULAR PURPOSE AND MERCHANTABILITY OF ANY ITEM OF EQUIPMENT, (B) THE DESIGN OR CONDITION OF, OR THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN, THE IMPLIED EQUIPMENT, (C) ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE EQUIPMENT, AND (D) ANY OTHER MATTER WHATSOEVER, IT BEING AGREED THAT ALL SUCH RISKS, AS BETWEEN THE CITY AND THE COMPANY, ARE TO BE BORNE BY THE COMPANY. THE COMPANY ACKNOWLEDGES THAT THE CITY DID NOT MANUFACTURE THE ITEMS AND THAT THE COMPANY ACCEPTS THE ITEMS BASED UPON ITS OWN INDEPENDENT JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE ON STATEMENTS MADE BY THE CITY OR ITS AGENTS. CITY HEREBY ACKNOWLEDGES THAT ANY MANUFACTURER’S, INSTALLER’S, DESIGNER’S, ENGINEER’S, CONTRACTOR’S AND/OR SELLER’S WARRANTIES ARE FOR THE BENEFIT OF MERCHANTABILITYBOTH CITY AND COMPANY, FITNESS FOR A PARTICULAR PURPOSENOTWITHSTANDING THE FOREGOING, NON-INFRINGEMENTAND PROVIDED COMPANY IS NOT IN DEFAULT UNDER THIS BOND LEASE, SYSTEM INTEGRATIONCITY SHALL MAKE AVAILABLE TO COMPANY ALL WARRANTIES, DATA ACCURACY OR QUIET ENJOYMENTGUARANTIES, AND INDEMNITEES WITH RESPECT TO EQUIPMENT. The City hereby assigns to the Company all warranties, guaranties and indemnities, express or implied, and similar rights which the City may have against any designer, manufacturer, installer, seller, engineer, contractor or builder in respect of any of the Equipment, including, but not limited to, any rights and remedies existing under contract or pursuant to the uniform Commercial Code and hereby appoints and constitutes the Company as its agent during the term of this Bond Lease to assert and enforce, from time to time, in the name and for the account of the Company and the City, as their interests may appear, but in all cases at the sole cost and expense of the Company, whatever claims and rights the City may have as owner of the Equipment against the designer, manufacturer, installer, seller, engineer, contractor or builder or any other person in connection with the development, acquisition, construction, installation or any other aspect of the Equipment or the Project; provided, however, that if at any time an Event of Default shall have occurred and be continuing, the City may assert and enforce such claims and rights at the Company’s sole cost and expense. Company’s delivery to the City of an acceptance certificate signed by the Company or delivery by the City or the manufacturer to the City of an inspection or acceptance certificate the Company’s representative gave to the manufacturer shall be conclusive evidence as between the Company and the City only that all Items of Equipment described therein are in all the foregoing respects satisfactory to the Company; provided, however, that neither the manufacturer nor any party other than the City , its successors and assigns may rely on the foregoing. So long as no Event of Default has occurred and is continuing, the City agrees, to the extent they are assignable, to assign to the Company, without any recourse to the City, any warranty received by the City.

Warranties. EXCEPT AS SPECIFICALLY SBT WARRANTS THAT THE SERVICES PROVIDED UNDER THE AGREEMENT, IF ANY, SHALL BE PERFORMED IN ACCORDANCE WITH GOOD AND ACCEPTABLE INDUSTRY PRACTICES. SBT SHALL COMPLY WITH ALL LAWS, ORDINANCES, RULES, AND REGULATIONS OF ALL APPLICABLE GOVERNMENTAL AUTHORITIES IN PERFORMING SBT’S SERVICES. SBT WARRANTS THAT SBT IS THE OWNER OF THE SBT CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY AND HAS THE RIGHT TO USE SAME IN THE MANNER AND FOR THE PURPOSES SET FORTH HEREININ THE AGREEMENT WITHOUT VIOLATING ANY RIGHTS OF A THIRD-PARTY. DESPITE THE WARRANTIES ABOVE, ALL ACCESS, IF ANY, TO THE SYSTEM SBT INTELLECTUAL PROPERTY IS DELIVERED AND RELATED EQUIPMENT AND/ACCEPTED BY THE PARTY “AS-IS, WHERE-IS, AND WITH ALL FAULTS.” SBT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR USE, FOR ANY OF THE SBT SERVICES OR SBT INTELLECTUAL PROPERTY. SBT DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE SBT SERVICES, SBT INTELECTUAL PROPERTY, OR ANY OTHER MATERIALS USED MATERIAL OR SERVICES PROVIDED BY SBT IN CONNECTION WITH THE SYSTEM AGREEMENT, OR THE ACCESS AND/OR SECURITY OF ANY WEBSITE MAINTAINED BY, ENDORSED, SUGGESTED, OR PROVIDED BY SBT, INCLUDING, BUT NOT LIMITED TO XXXXXXXXXXXXXXX.XXX. SBT DOES NOT WARRANT THAT ANY SBT OWNED/OPERATED WEBSITES, SERVERS, AND/OR EMAIL SENT FROM SBT OR ITS OWNED/OPERATED WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SBT HEREBY DISCLOSES THAT THE QUALITY OF SERVICES IT PROVIDES WILL VARY DUE TO PERFORMANCE OF CERTAIN SYSTEMS THAT AFFECT THE INTERNET AND ALL OTHER SERVICESTHE SBT NETWORK, API, UI, AND EQUIPMENT PROVIDED, LEASED OR SOLD BY BANKAPPLICATIONS. ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KINDIN LIEU OF, EITHER EXPRESS OR IMPLIEDAND THIS AGREEMENT EXPRESSLY EXCLUDES, INCLUDING ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLETO, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT WARRANTY THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTSSBT SOFTWARE IS ERROR-FREE, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIESOPERATE WITHOUT INTERRUPTION, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPATIBLE WITH ALL EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATASOFTWARE CONFIGURATIONS. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS SECTION SURVIVES EXPIRATION AND/OR EARLY TERMINATION OF THIS AGREEMENT. IF ANY PORTION OF THIS SECTION IS FOUND TO BE OVERBROAD, THE LIMITATIONS OF THIS SECTION WILL ONLY BE REDUCED TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW. SBT IS NOT RESPONSIBLE, AND BANK DOES NOT MAKE SHALL INCUR NO LIABILITY FOR, ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIEDACTS THAT ARE BEYOND SBT’S CONTROL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES ACTS OF MERCHANTABILITYTHIRD PARTIES. UNDER NO CIRCUMSTANCE SHALL SBT BE LIABLE FOR DAMAGES THAT RESULT FROM THE USE OF, FITNESS OR THE INABILITY TO USE, SBT’S SERVICES, INTELLECTUAL PROPERTY, INFORMATION, AND/OR WEBSITES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR A PARTICULAR PURPOSECERTAIN DAMAGES, NON-INFRINGEMENTAND, SYSTEM INTEGRATIONIN SUCH EVENT, DATA ACCURACY OR QUIET ENJOYMENTTHE FOREGOING LIMITATIONS MAY BE REDUCED ONLY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW.

Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SYSTEM DEALER’S OBLIGATIONS AND RELATED EQUIPMENT AND/OR OTHER MATERIALS USED WARRANTIES UNDER THIS AGREEMENT ARE IN CONNECTION WITH THE SYSTEM AND LIEU OF (A) ALL OTHER SERVICESWARRANTIES, AND EQUIPMENT PROVIDED, LEASED EXPRESSED OR SOLD BY BANK, IF ANY, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT IMPLIED INCLUDING IMPLIED WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE , WHICH ARE SPECIFICALLY WAIVED AND (B) ALL OTHER OBLIGATIONS OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION GIVEN BY BANK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. BANK ACCEPTS NO LIABILITY LIABILITIES FOR ANY DAMAGE THAT ANY EQUIPMENT MAY CAUSE TO CUSTOMER’S OTHER SYSTEMS OR PROPERTY REGARDLESS OF WHETHER SUCH DAMAGE WAS A RESULT OF BANK’S SPECIFICATIONS OR REQUIREMENTS. BANK DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S EQUIPMENT OR COMPUTER MACHINES OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BANK’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND BANK DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, DAMAGES INCLUDING, BUT NOT LIMITED TO: 1) PERSONAL INJURY OR PROPERTY DAMAGE, OR 2) LOSS OF PROFIT OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; OR THE IMPLIED WARRANTIES MAINTENANCE SERVICE CAUSED DIRECTLY OR INDIRECTLY BY STRIKES, ACCIDENTS, CLIMATIC CONDITIONS, OR REASON OF MERCHANTABILITYSIMILAR NATURE BEYOND ITS CONTROL. CUSTOMER AGREES THAT IF DEALER CAUSED ANY INJURY OR DAMAGE TO CUSTOMER OR CUSTOMER’S PROPERTY, FITNESS WHICH SAID CLAIM IS NOT OTHERWISE WAIVED HEREIN, CUSTOMER AGREES THAT THE MAXIMUM AMOUNT THAT DEALER SHALL HAVE TO PAY CUSTOMER FOR SAID INJURY OR DAMAGE IS AN AMOUNT EQUAL TO THE AMOUNT PAID FOR SERVICES RENDERED TO THE CUSTOMER THAT CAUSED SAID INJURY OR DAMAGE. AGREED: ____________________________ ____________________________________ DEALER CUSTOMER Date: Date: Attachment A PARTICULAR PURPOSE, NONCommencement Date____________________ Billing: Annual____ Semi-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.Annual____ Quarterly(ACH)____