Common use of Warranty Exclusions and Limitations Clause in Contracts

Warranty Exclusions and Limitations. 5.1 The Warranty does explicitly not include nor cover the following responsibilities, activities, services, failures or obligations (Excluded Failure). In case of a non-conformity of the Warranty is caused by an Excluded Failure, the Warranty shall be null and void: Responsibility for any 3rd party back office installed for use with the Chargers, and any defective information and/or defective charger operations resulting from the use of such 3rd party back office; The provision of new functional Software features; The provision of the Warranty Services on a location not approved by Heliox (for instance, if the Mobile Chargers are moved to different locations); Defects or failures arising from: Customer’s failure to use the Chargers properly, including but not limited to non-standard usage and usage conflicting with the instructions or manuals provided by Heliox, and the Fair Use Policy; use or operation of the Chargers by any person not being a Qualified Person; Defects or failures arising from abnormal or improper operational conditions, excessive hot or cold temperatures, dust, accident, abuse, vandalism, damage, misuse, or use by Customer of parts not supplied or approved by Heliox; Replacement of equipment at or nearing scheduled overhaul (check product manual for more detail); Modifications repair, maintenance or alterations made to the Chargers by Customer or a third party (including the end-user) without Heliox’ prior written consent; Defects or failures arising from improper installation of the Chargers by Customer or by a third party on behalf of the Customer or by the Customer itself; Any de-energisation of the grid connection (such as grid connection outage for a period of hours) or any other interruption to the supply of electricity from the local grid to the Chargers, including any constraint imposed by the operator of the public electricity distribution system, which results in a reduction in the amount of electricity which can be imported from the local grid via the grid connection; Any defect or failure caused by the electric vehicle (including its battery); Any issue related to interoperability of any Electric Vehicle with the Charger; Any defect or failure caused by the use of the Charger in connection with Electric Vehicles which are not compatible/interoperable with the Charger; Any operational issue arising from a(n update to the) bus/platform or back office software not supplied by Heliox causing the Charger to not function adequately; Any external factors effecting the Charger while in the Customer’s possession, including unusual physical or electrical stress such as power surges, uncontrolled voltages and currents, system harmonics, lightning, flood, fire, exposure to excessive hot or cold temperatures, or accidents. Warranty Claims will furthermore not be accepted if Customer has not kept and shared with Xxxxxx accurate and complete records of operation and maintenance of the Chargers during the Warranty Period and/or refuses to permit Xxxxxx to examine the Chargers and operating data to determine the nature of the Warranty Claim. General appearance or damage to paint, including chips, scratches, dents and cracks are not covered by this Warranty. If Xxxxxx performs or has performed Warranty Services in circumstances where it is established that the Warranty Claim was caused by an Excluded Failure , then these shall be excluded from the Warranty and Heliox may charge, and the Customer shall pay, the related additional charges. If Xxxxxx’s investigation reasonably shows that any defect in or malfunctioning of the Charger is the result of an Excluded Failure, the Customer shall pay the related additional charges in respect of the time incurred by Xxxxxx in making the investigation and determining the cause of the defect in or malfunctioning of the Charger. FORCE MAJEURE Heliox shall not be obliged to accept a Warranty Claims or perform Warranty Services, in case of Act of God, directive of Government or of persons purporting to act therefore, legislation, pandemic, epidemic, lock down, war, civil disturbance, fire, drought, failure of power supply, explosion, riot, disturbances or standstill of essential production equipment, flood, earthquake, lock-out, transportation issues, shortage of essential raw materials, strike or other action taken by employees in contemplation of or furtherance of a trade dispute or owing to any liability to procure materials or force majeure of any other nature, including non- or late delivery due to non- or late fulfilment of obligations of subcontractors of Heliox or transportation companies engaged by Xxxxxx and/or solvency and/or liquidity issues and/or bankruptcy of third parties engaged by Xxxxxx, in so far as any of these circumstances prevent Xxxxxx’s performance of its obligations set out in these WTC.

Warranty Exclusions and Limitations. 5.1 The Warranty does explicitly not include nor cover damage, defects, performance deficiencies, or changes to the following responsibilitiesProducts or other issues or claims directly or indirectly based on or resulting from, activitiesin whole or in part, services, failures any one or obligations (Excluded Failure). In case of a non-conformity more of the Warranty is caused by an Excluded Failurefollowing: − exposure to excessive variations or extremes in heat, the Warranty shall be null and void: Responsibility for any 3rd party back office installed for use with the Chargershumidity, and any defective information and/or defective charger operations resulting from the use of such 3rd party back office; The provision of new functional Software features; The provision of the Warranty Services on a location not approved by Heliox (for instance, if the Mobile Chargers are moved to different locations); Defects moisture or failures arising from: Customer’s failure to use the Chargers properlydryness, including but not limited water saturation or exposure to non-standard usage and usage conflicting with the instructions elements, chemicals, smoke, or manuals provided by Heliox, and the Fair Use Policysimilar abnormal conditions; use or operation of the Chargers by any person not being a Qualified Person; Defects or failures arising from abnormal or improper operational conditions, excessive hot or cold temperatures, dust, − accident, abuse, misuse, neglect, fire or flood, vandalism, damagenormal wear and tear; − alterations of the Product by persons other than Us; − non-intended use or combining of the Products with incompatible materials; − improper handling, misusestorage, installation, or application; − Color, shade, or other variations in color, grain, or markings ordinary to natural products, due to normal manufacturing variations, or that develop over time because of natural processes such as exposure to sunlight; − claims, issues, or failures to the extent resulting from fasteners, hardware and other accessories manufactured by third parties (e.g. Griplock® systems) and provided or specified for use by Customer of parts not supplied or approved by Heliox; Replacement of equipment at or nearing scheduled overhaul (check product manual for more detail); Modifications repairKirei, maintenance or alterations made which items will be subject to the Chargers by Customer or a third party manufacturer’s product warranty, if any; and − damage caused during shipping is not covered under this Warranty. The Warranty does not cover (including i) costs or damages associated with the end-userremoval or reinstallation of Product, (ii) without Heliox’ prior written consent; Defects costs of removing any fixtures or failures arising from improper installation items of furniture, or (iii) costs of packaging the Product for return or, in the event the Warranty claim is denied, the costs of returning the Product. Kirei does not warrant that replacement Product will match the exact color of the Chargers by Customer originally supplied Product or by a third party on behalf that the original Product type will be available for replacement. If the Warranty claim is validated, Kirei will reimburse the return shipping cost and cover the shipping cost of the Customer or by replacement Product. Disclaimer: The Warranty constitutes the Customer itself; Any de-energisation entire obligation of Kirei and the grid connection (such as grid connection outage exclusive and sole remedy available to You. This Warranty supersedes any other representations and Kirei specifically disclaims any other warranties, including implied warranties of merchantability, fitness for a period of hours) particular purpose, or any other interruption warranties alleged to arise from course of dealing or usage of trade. Except for the supply of electricity from the local grid to the ChargersWarranty provided herein, all Products are sold “as is” and with all faults. Limited Warranty for Kirei USA LLC. Page 1 Rev. 2/19 This Warranty may not be modified, altered, or expanded by anyone including any constraint imposed by the operator of the public electricity distribution systemProduct distributors, which results dealers, sellers and/or representatives. Kirei shall in a reduction in the amount of electricity which can no event be imported from the local grid via the grid connection; Any defect liable for incidental or failure caused by the electric vehicle (including its battery); Any issue related to interoperability of any Electric Vehicle with the Charger; Any defect consequential losses, liabilities, damages or failure caused by the use of the Charger expenses in connection with Electric Vehicles which the Products. Kirei’s liability and Your remedy for breach of the Warranty are expressly limited to the replacement of Product not compatible/interoperable complying with this Warranty or, at Kirei’s sole election and discretion, to a refund as provided below. Some states do not permit the exclusion or limitation of implied warranties or consequential damages, so the preceding limitations and exclusions may not apply to you. In no event shall Kirei be liable under any theory of law (contract, tort, or otherwise, including negligence) for an aggregate amount exceeding the total original purchase price of the Products subject to the Warranty claim. Warranty Claim Process To make a Warranty claim, You must notify Kirei USA, LLC in writing at the physical or email address specified on this Warranty. You must provide written notice of Your claim within thirty days of first observation of the basis of the claim or from when You should have discovered the defect in the ordinary exercise of due care. You must comply with Our reasonable direction in preserving and allowing Us to inspect and validate the claimed defect, including where requested, by providing photographic evidence of and/or returning the defective Product. Any failure to comply with the Charger; Any operational issue arising from a(n update to the) bus/platform or back office software not supplied by Heliox causing the Charger to not function adequately; Any external factors effecting the Charger while in the Customer’s possessionforegoing, including unusual physical or electrical stress such as power surgesresulting from the repair, uncontrolled voltages and currents, system harmonics, lightning, flood, fire, exposure to excessive hot or cold temperaturesremoval, or accidents. Warranty Claims will furthermore not be accepted if Customer has not kept and shared with Xxxxxx accurate and complete records of operation and maintenance replacement of the Chargers during Product prior to claim validation will void the Warranty. All claims under this Warranty must be made in writing within the Warranty Period and/or refuses or such claims are waived. Following receipt and Our validation of a Warranty claim by You, Kirei at its sole option and discretion, and as the sole remedy shall either provide conforming Product to permit Xxxxxx to examine replace the Chargers and operating data to determine nonconforming or defective Product or refund the nature original purchase price of the Warranty ClaimProduct or a combination thereof. General appearance Kirei reserves the right to discontinue or damage to paintmodify any of its Products, including chipsthe color thereof, scratches, dents without notice and cracks are not covered by this Warranty. If Xxxxxx performs or has performed Warranty Services in circumstances where it is established that the Warranty Claim was caused by an Excluded Failure , then these shall be excluded from the Warranty and Heliox may charge, and the Customer shall pay, the related additional charges. If Xxxxxx’s investigation reasonably shows that any defect in or malfunctioning of the Charger is the result of an Excluded Failure, the Customer shall pay the related additional charges in respect of the time incurred by Xxxxxx in making the investigation and determining the cause of the defect in or malfunctioning of the Charger. FORCE MAJEURE Heliox shall not be obliged liable as a result of such discontinuance or modification, nor shall Kirei be liable in the event replacement Product varies in color in comparison to accept a the original Product. If Kirei replaces any material under this Warranty, it may substitute Products designated by Kirei to be of comparable quality or price range in the event the Product subject to the Warranty Claims claim has been discontinued or perform Warranty Servicesmodified. Kirei USA, in case of Act of GodLLC 000 X. Xxxxxx Xxx. Xxxxxx Xxxxx, directive of Government or of persons purporting to act therefore, legislation, pandemic, epidemic, lock down, war, civil disturbance, fire, drought, failure of power supply, explosion, riot, disturbances or standstill of essential production equipment, flood, earthquake, lockXX 00000 619-out, transportation issues, shortage of essential raw materials, strike or other action taken by employees in contemplation of or furtherance of a trade dispute or owing to any liability to procure materials or force majeure of any other nature, including non- or late delivery due to non- or late fulfilment of obligations of subcontractors of Heliox or transportation companies engaged by Xxxxxx and/or solvency and/or liquidity issues and/or bankruptcy of third parties engaged by Xxxxxx, in so far as any of these circumstances prevent Xxxxxx’s performance of its obligations set out in these WTC.236-9924 xxxx@xxxxxxxx.xxx

Warranty Exclusions and Limitations. 5.1 The Warranty does explicitly not include nor cover damage, defects, performance deficiencies, or changes to the following responsibilitiesProducts or other issues or claims directly or indirectly based on or resulting from, activitiesin whole or in part, services, failures any one or obligations (Excluded Failure). In case of a non-conformity more of the Warranty is caused by an Excluded Failurefollowing: − exposure to excessive variations or extremes in heat, the Warranty shall be null and void: Responsibility for any 3rd party back office installed for use with the Chargershumidity, and any defective information and/or defective charger operations resulting from the use of such 3rd party back office; The provision of new functional Software features; The provision of the Warranty Services on a location not approved by Heliox (for instance, if the Mobile Chargers are moved to different locations); Defects moisture or failures arising from: Customer’s failure to use the Chargers properlydryness, including but not limited water saturation or exposure to non-standard usage and usage conflicting with the instructions elements, chemicals, smoke, or manuals provided by Heliox, and the Fair Use Policysimilar abnormal conditions; use or operation of the Chargers by any person not being a Qualified Person; Defects or failures arising from abnormal or improper operational conditions, excessive hot or cold temperatures, dust, − accident, abuse, misuse, neglect, fire or flood, vandalism, damagenormal wear and tear; − alterations of the Product by persons other than Us; − non-intended use or combining of the Products with incompatible materials; − improper handling, misusestorage, installation, or application; − Color, shade, or other variations in color, grain, or markings ordinary to natural products, due to normal manufacturing variations, or that develop over time because of natural processes such as exposure to sunlight; − claims, issues, or failures to the extent resulting from fasteners, hardware and other accessories manufactured by third parties (e.g. Griplock® systems) and provided or specified for use by Customer of parts not supplied or approved by Heliox; Replacement of equipment at or nearing scheduled overhaul (check product manual for more detail); Modifications repairKirei, maintenance or alterations made which items will be subject to the Chargers by Customer or a third party manufacturer’s product warranty, if any; and − damage caused during shipping is not covered under this Warranty. The Warranty does not cover (including i) costs or damages associated with the end-userremoval or reinstallation of Product, (ii) without Heliox’ prior written consent; Defects costs of removing any fixtures or failures arising from improper installation items of furniture, or (iii) costs of packaging the Product for return or, in the event the Warranty claim is denied, the costs of returning the Product. Kirei does not warrant that replacement Product will match the exact color of the Chargers by Customer originally supplied Product or by a third party on behalf that the original Product type will be available for replacement. If the Warranty claim is validated, Xxxxx will reimburse the return shipping cost and cover the shipping cost of the Customer or by replacement Product. Disclaimer: The Warranty constitutes the Customer itself; Any de-energisation entire obligation of Kirei and the grid connection (such as grid connection outage exclusive and sole remedy available to You. This Warranty supersedes any other representations and Xxxxx specifically disclaims any other warranties, including implied warranties of merchantability, fitness for a period of hours) particular purpose, or any other interruption warranties alleged to arise from course of dealing or usage of trade. Except for the supply of electricity from the local grid to the ChargersWarranty provided herein, all Products are sold “as is” and with all faults. Rev. 8/22 This Warranty may not be modified, altered, or expanded by anyone including any constraint imposed by the operator of the public electricity distribution systemProduct distributors, which results dealers, sellers and/or representatives. Kirei shall in a reduction in the amount of electricity which can no event be imported from the local grid via the grid connection; Any defect liable for incidental or failure caused by the electric vehicle (including its battery); Any issue related to interoperability of any Electric Vehicle with the Charger; Any defect consequential losses, liabilities, damages or failure caused by the use of the Charger expenses in connection with Electric Vehicles which the Products. Xxxxx’s liability and Your remedy for breach of the Warranty are expressly limited to the replacement of Product not compatible/interoperable complying with this Warranty or, at Xxxxx’s sole election and discretion, to a refund as provided below. Some states do not permit the exclusion or limitation of implied warranties or consequential damages, so the preceding limitations and exclusions may not apply to you. In no event shall Kirei be liable under any theory of law (contract, tort, or otherwise, including negligence) for an aggregate amount exceeding the total original purchase price of the Products subject to the Warranty claim. Warranty Claim Process To make a Warranty claim, You must notify Kirei USA, LLC in writing at the physical or email address specified on this Warranty. You must provide written notice of Your claim within thirty days of first observation of the basis of the claim or from when You should have discovered the defect in the ordinary exercise of due care. You must comply with Our reasonable direction in preserving and allowing Us to inspect and validate the claimed defect, including where requested, by providing photographic evidence of and/or returning the defective Product. Any failure to comply with the Charger; Any operational issue arising from a(n update to the) bus/platform or back office software not supplied by Heliox causing the Charger to not function adequately; Any external factors effecting the Charger while in the Customer’s possessionforegoing, including unusual physical or electrical stress such as power surgesresulting from the repair, uncontrolled voltages and currents, system harmonics, lightning, flood, fire, exposure to excessive hot or cold temperaturesremoval, or accidents. Warranty Claims will furthermore not be accepted if Customer has not kept and shared with Xxxxxx accurate and complete records of operation and maintenance replacement of the Chargers during Product prior to claim validation will void the Warranty. All claims under this Warranty must be made in writing within the Warranty Period and/or refuses or such claims are waived. Following receipt and Our validation of a Warranty claim by You, Kirei at its sole option and discretion, and as the sole remedy shall either provide conforming Product to permit Xxxxxx to examine replace the Chargers and operating data to determine nonconforming or defective Product or refund the nature original purchase price of the Warranty ClaimProduct or a combination thereof. General appearance Kirei reserves the right to discontinue or damage to paintmodify any of its Products, including chipsthe color thereof, scratches, dents without notice and cracks are not covered by this Warranty. If Xxxxxx performs or has performed Warranty Services in circumstances where it is established that the Warranty Claim was caused by an Excluded Failure , then these shall be excluded from the Warranty and Heliox may charge, and the Customer shall pay, the related additional charges. If Xxxxxx’s investigation reasonably shows that any defect in or malfunctioning of the Charger is the result of an Excluded Failure, the Customer shall pay the related additional charges in respect of the time incurred by Xxxxxx in making the investigation and determining the cause of the defect in or malfunctioning of the Charger. FORCE MAJEURE Heliox shall not be obliged liable as a result of such discontinuance or modification, nor shall Kirei be liable in the event replacement Product varies in color in comparison to accept a the original Product. If Kirei replaces any material under this Warranty, it may substitute Products designated by Kirei to be of comparable quality or price range in the event the Product subject to the Warranty Claims claim has been discontinued or perform Warranty Servicesmodified. Kirei USA, in case of Act of GodLLC 0000 Xxxxxx Xxxxx Xxx Xxxxx, directive of Government or of persons purporting to act therefore, legislation, pandemic, epidemic, lock down, war, civil disturbance, fire, drought, failure of power supply, explosion, riot, disturbances or standstill of essential production equipment, flood, earthquake, lockXX 00000 619-out, transportation issues, shortage of essential raw materials, strike or other action taken by employees in contemplation of or furtherance of a trade dispute or owing to any liability to procure materials or force majeure of any other nature, including non- or late delivery due to non- or late fulfilment of obligations of subcontractors of Heliox or transportation companies engaged by Xxxxxx and/or solvency and/or liquidity issues and/or bankruptcy of third parties engaged by Xxxxxx, in so far as any of these circumstances prevent Xxxxxx’s performance of its obligations set out in these WTC.236-9924 xxxx@xxxxxxxx.xxx

Warranty Exclusions and Limitations. 5.1 The Warranty does explicitly not include nor cover There exists no warranty for the following responsibilitiesconcerned Module(s) whose type or serial numbers appears to be changed, activitieserased, servicesremoved, failures illegible or obligations (Excluded Failure)in any manner altered or tampered. After Replacement, the Module(s) with alleged defect shall become the property of WAAREE. In case of a non-conformity of replaced Module(s), the Warranty is available for only balance Term of Warranty and the Term of Warranty shall not again start from the date of replacement of Module(s). Return of any replaced Xxxxxx(s) is not accepted unless prior written authorization in writing has been given by XXXXXX. WAAREE may necessarily not supply the identical Module owing to constant changes in technology but would supply similar Module that may be available at the time of Warranty Claim. The Warranty provided herein does not cover damage, malfunctions or service failures of the Modules(s) caused by an Excluded Failureby: Failure to follow the installation, operation or Cleaning & maintenance instructions/ guidelines given in the manual; Exposure to voltages excess of maximum system voltage; -Force majeure: Warranty is not available for acts occurred as a result of Force Majeure like; Acts of God / Nature such as (but not limited to) lighting, earth-quake, fire, flood, acid rain, hurricane, cyclone, volcanic eruptions, landslides and other natural calamities; power failure, surges, pest damage, accidental breakage, war, riots, strikes, warlike conditions, actions of third parties and other events or accidents or any event outside WAAREE’s reasonable control and not arising under normal operating conditions. In such cases, this Limited Warranty shall be null and void: Responsibility for construed to be suspended, without any 3rd party back office installed for use with the Chargersliability whatsoever. -Any deterioration in appearance due to naturally occurred scratches, stains, mechanical wear, rust, mold, degradation, discolouring, and any defective information and/or defective charger operations resulting other alteration that occurred after shipment from “WAAREE” but do not affect the use of such 3rd party back office; The provision of new functional Software features; The provision power generation performance or mechanical strength of the Warranty Services on a location not approved by Heliox (for instance, if the Mobile Chargers are moved to different locations); Defects Modules. Governing Laws: Any claim or failures dispute arising from: Customer’s failure to use the Chargers properly, including but not limited to non-standard usage and usage conflicting with the instructions under or manuals provided by Heliox, and the Fair Use Policy; use or operation of the Chargers by any person not being a Qualified Person; Defects or failures arising from abnormal or improper operational conditions, excessive hot or cold temperatures, dust, accident, abuse, vandalism, damage, misuse, or use by Customer of parts not supplied or approved by Heliox; Replacement of equipment at or nearing scheduled overhaul (check product manual for more detail); Modifications repair, maintenance or alterations made to the Chargers by Customer or a third party (including the end-user) without Heliox’ prior written consent; Defects or failures arising from improper installation of the Chargers by Customer or by a third party on behalf of the Customer or by the Customer itself; Any de-energisation of the grid connection (such as grid connection outage for a period of hours) or any other interruption to the supply of electricity from the local grid to the Chargers, including any constraint imposed by the operator of the public electricity distribution system, which results in a reduction in the amount of electricity which can be imported from the local grid via the grid connection; Any defect or failure caused by the electric vehicle (including its battery); Any issue related to interoperability of any Electric Vehicle with the Charger; Any defect or failure caused by the use of the Charger in connection with Electric Vehicles which are not compatible/interoperable with the Charger; Any operational issue arising from a(n update to the) bus/platform or back office software not supplied by Heliox causing the Charger to not function adequately; Any external factors effecting the Charger while this Warranty Statement shall be brought exclusively in the Customer’s possessionCourts of Mumbai, including unusual physical INDIA and warranty herein shall be governed by Indian Laws. This clause shall override any Purchase Order / Contract or electrical stress such as power surgesany document which mentions some other governing law and jurisdiction, uncontrolled voltages unless an amendment is carried to that effect in this Warranty Statement and currentsmere signing of Contract / Purchase Order having overriding clause will not affect this Warranty Statement. . If any part, system harmonicsprovision or clause of this Limited & Conditional Warranty is held to be invalid, lightning, flood, fire, exposure to excessive hot or cold temperaturesvoid, or accidents. Warranty Claims will furthermore not be accepted if Customer has not kept and shared with Xxxxxx accurate and complete records of operation and maintenance of the Chargers during the Warranty Period and/or refuses unenforceable due to permit Xxxxxx to examine the Chargers and operating data to determine the nature of the Warranty Claim. General appearance any particular national, or damage to paint, including chips, scratches, dents and cracks are not covered by this Warranty. If Xxxxxx performs or has performed Warranty Services in circumstances where it is established that the Warranty Claim was caused by an Excluded Failure , then these shall be excluded from the Warranty and Heliox may charge, and the Customer shall pay, the related additional charges. If Xxxxxx’s investigation reasonably shows that any defect in or malfunctioning of the Charger is the result of an Excluded Failure, the Customer shall pay the related additional charges in respect of the time incurred by Xxxxxx in making the investigation and determining the cause of the defect in or malfunctioning of the Charger. FORCE MAJEURE Heliox shall not be obliged to accept a Warranty Claims or perform Warranty Services, in case of Act of God, directive of Government or of persons purporting to act therefore, international legislation, pandemicall other parts, epidemicprovisions, lock downclauses, waror applications shall remain in effect and valid. DISCLAIMERS: WAAREE HEREBY MAKES NO WARRANTIES, civil disturbanceEXPRESS OR IMPLIED IN RESPECT OF THE MODULE(S) OTHER THAN THE WARRANTIES MADE HEREIN, fireAND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE/USE, droughtOR APPLICATION, failure of power supplyAND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF WAAREE UNLESS SUCH OTHER WARRANTIES AND OBLIGATIONS ARE AGREED TO IN WRITING BY WAAREE. WAAREE OR ITS EMPLOYEES SHALL NOT BE RESPONSIBLE FOR ANY SPECIAL, explosionINCIDENTAL, riotCONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THE USE OR LOSS OF USE OF OR FAILURE OF THE MODULE(S) TO AS WARRANTED, disturbances or standstill of essential production equipmentINCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST SERVICES, flood, earthquakeLOSS OF PROFITS OR SAVINGS, lockGOODWILL AND EXPENSES ARISING OUT OF THIRD-out, transportation issues, shortage of essential raw materials, strike or other action taken by employees in contemplation of or furtherance of a trade dispute or owing to any liability to procure materials or force majeure of any other nature, including non- or late delivery due to non- or late fulfilment of obligations of subcontractors of Heliox or transportation companies engaged by Xxxxxx and/or solvency and/or liquidity issues and/or bankruptcy of third parties engaged by Xxxxxx, in so far as any of these circumstances prevent Xxxxxx’s performance of its obligations set out in these WTCPARTY CLAIMS.