Common use of Warranty; Limitation of Liability Clause in Contracts

Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products sold to Purchaser (i) shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products Bottles sold to Purchaser (i) shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products Bottles and with any agreed upon specifications for New PET ProductsBottles. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET ProductsBottles. Supplier will make no other warranties with respect to the PET ProductsBottles. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSBOTTLES. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products Bottles ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving receipt of notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products Bottles produced hereunder after such PET Products Bottles are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. 6.1 Nothing in this Agreement shall be deemed a warranty and any and all warranties in respect of the Program are exclusively set forth in the warranty policy available at xxx.xxxxxxxxxxx.xxx or upon Licensee's request. 6.2 In no event shall Licensor (including its officers, directors, employees and agents and its suppliers and licensors) be liable to Licensee (including any other entity or person related to or affiliated with Licensee) for any incidental, consequential, indirect, special or punitive damages whatsoever, or for any lost profits or revenue, lost business opportunities, lost or inaccessible data or information, or other pecuniary loss, arising out of or relating to this Agreement or the subject matter hereof, whether liability is asserted in contract or tort (including negligence or strict product liability) or otherwise, and irrespective of whether Licensor (including its officers, directors, employees and agents and its suppliers and licensors) has been advised of the possibility of any such damage or loss. 6.3 In no event shall Licensor's (including its officers, directors, employees and agents and its suppliers and licensors) aggregate liability under or arising out of or relating to this Agreement or the subject matter hereof exceed the Fees paid by Licensee to Licensor hereunder for the license of the applicable Program. LICENSEE ACKNOWLEDGES THAT THE PRICING OF THE PROGRAM AND THE OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT LICENSOR WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF ITS LIABILITY. 6.4 The limitations of liability in Sections 6.1 and 6.2 above do not apply (a) Supplier warrants that all PET Products sold to Purchaser (i) shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to product liability arising under laws implementing Council Directive 85/374/EEC of 25 July 1985 on the PET Products. OTHER THAN THE ABOVE WARRANTYapproximation of the laws, SUPPLIER MAKES NO WARRANTYregulations and administrative provisions of the Member States concerning liability for defective products, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; providedextent liability cannot be contractually limited or disclaimed under such laws, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees with respect to waive all claims for shortages in the PET Products ordered bodily injury, and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury damage or property damage results from loss is the willful misconduct result of SupplierLicensor's intentional or grossly negligent conduct. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Licensee.

Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products Preforms sold to Purchaser (i) shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products Preforms and with any agreed upon specifications for New PET ProductsPreforms. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET ProductsPreforms. Supplier will make no other warranties with respect to the PET ProductsPreforms. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSPREFORMS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products Preforms ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving receipt of notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products Preforms produced hereunder after such PET Products Preforms are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products Plastic Components sold to Purchaser (i) shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products Plastic Components and with any agreed upon specifications for New PET ProductsPlastic Components. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET ProductsPlastic Components. Supplier will make no other warranties with respect to the PET ProductsPlastic Components. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSPLASTIC COMPONENTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products Plastic Components ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving receipt of the Plastic Components by the Crown Facility or receipt of notice from the Constar Crown Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products Plastic Components produced hereunder after such PET Products Plastic Components are delivered to the applicable Constar Crown Facility or the Crown Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. Chobani represents and warrants to Customer that, as of the date of shipment (a) Supplier warrants that all PET Products sold Chobani has the right to Purchaser convey good title to Products, (ib) shall be free from defects in workmanship the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and materialsCosmetic Act, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (iic) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET ProductsProduct is not an article which may not be introduced into interstate commerce. Supplier’s liability under this warrantyEXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER CHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS OR OTHERWISEANY KIND, EXPRESS OR IMPLIED, IN FACT INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSNONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT SHALL CHOBANI BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR PUNITIVE, ANY CONSEQUENTIAL OR INCIDENTAL INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISE, EVEN IF CHOBANI HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. Notwithstanding the foregoingCUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; providedDAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesEITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier Seller warrants only that all PET Products sold to Purchaser (i) the Goods shall be free from defects substantially in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply accordance with the historical Seller's specifications for Existing PET Products and with any agreed upon specifications for New PET Productsthe Goods. Supplier’s liability under this warrantyTHIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, whether in contract or tortEXPRESSED OR IMPLIED, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTYINCLUDING, SUPPLIER MAKES NO WARRANTYBUT NOT LIMITED TO, WHETHER ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, NON-INFRINGEMENT,AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSSELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGESSeller's warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach All claims in respect of the above warranty; provided, that such line hour charges shall Goods must be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted made in writing to Supplier Seller within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser 60 day period or be barred. This warranty shall not bring apply to any other action arising hereunder unless such action is brought within one year after the date such cause Goods which have been repaired or altered outside of action accrues. (d) Supplier Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be liable foraccepted unless Xxxxxx is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and Purchaser Xxxxxx makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for, all personal injury and property damage resulting from for results in the handling, possession, use or resale handling of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar CustomerGoods, whether the same is used alone singly or in combination with other substancesproducts. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Xxxxxx's sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, except at Seller's option, repair or replacement of the Goods shown to the extent any such personal be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or property damage results from the willful misconduct of Supplierother causes.

Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products sold to Purchaser (i) shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN AEP ENERGY PROVIDES ALL INFORMATION CONTAINED IN POWERPERKSSM “AS IS,” “AS AVAILABLE” AND SPEAKING ONLY TO EVENTS OR CIRCUMSTANCES ON OR BEFORE THE ABOVE WARRANTY, SUPPLIER DATE IT IS PRESENTED AND MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS REPRESENTATION OR OTHERWISEWARRANTY CONCERNING POWERPERKSSM OR ANY SERVICES PROVIDED HEREUNDER AND DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, IN FACT INCLUDING ANY OBLIGATION TO UPDATE OR BY LAWCORRECT THE INFORMATION PROVIDED OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION FITNESS FOR A PARTICULAR PURPOSE OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSOTHERWISE. SUBJECT TO THE FOLLOWING SENTENCECustomer assumes the entire risk related to its use of any information presented in any PowerPerksSM marketing materials or the Confirmation Notice or any Reduction Notice (or cancellation thereof), SUPPLIER SHALL and whether or how Customer utilizes any such information is entirely Customer’s responsibility. There is no guarantee that email transmissions will be secure or error-free or will not be corrupted, lost, or destroyed or arrive late or not at all, and AEP Energy is not liable for any loss or damage in connection therewith. AEP Energy is not acting as Customer’s consultant or advisor and does not provide legal, tax, accounting or other advice, and Customer shall not rely on AEP Energy in evaluating the advantages or disadvantages of PowerPerksSM, any product or service, predictions about savings, future energy prices or any other matter. Customer hereby acknowledges and agrees that AEP Energy makes no guarantee as to the continuation or ongoing existence of PowerPerksSM or regarding the value of PowerPerksSM or any PowerPerksSM information. Customer’s decision to enter into this Agreement and any other decisions or actions it may take, or not take, under this Agreement are, and will be, based solely upon its own analysis (or that of its advisors) and not in reliance on information or statements from AEP Energy. IN NO EVENT WILL AEP ENERGY BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR PUNITIVEANY CONSEQUENTIAL, CONSEQUENTIAL INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR INCIDENTAL PUNITIVE DAMAGES, TANGIBLE OR INTANGIBLE LOSSES, COSTS, EXPENSES OR LOST PROFITS UNDER ANY CAUSE OF ACTION ARISING HEREUNDER, INCLUDING LOSS OF USE OF FACILITIES, BUSINESS INTERRUPTION, LOSS OF BUSINESS, PROFITS OR INFORMATION, LOSS OF ANTICIPATED SAVINGS OR OTHER ECONOMIC LOSS, REGARDLESS OF WHETHER A CLAIM ARISES BY STATUTE, IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. Notwithstanding the foregoingTHE AGGREGATE LIABILITY OF AEP ENERGY TO CUSTOMER FOR DAMAGES UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE GREATER OF (1) TOTAL AMOUNT PAID BY AEP ENERGY TO CUSTOMER UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS OR (2) $500, Supplier AS THE SOLE AND EXCLUSIVE REMEDY. CUSTOMER MUST BRING ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT WITHIN ONE (1) YEAR FROM THE TIME THE CAUSE OF ACTION ACCRUES AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE EXPRESSLY WAIVED. The foregoing limitations shall indemnify Purchaser for reasonable and customary line hour charges actually paid continue to the Constar Customers by Purchaser that directly result from Supplier’s breach apply even if an exclusive remedy provided herein fails of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesits essential purpose. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. Monotype warrants to you that the Licensed Web Fonts will perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (a“CSS”) Supplier warrants that all PET Products sold specification set forth on the xxxx://xxx.X0.xxx website as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). The Licensed Web Fonts are “productized” for web performance as of the date of this agreement and no representation is made to Purchaser further productize the fonts. To make a warranty claim, you must, within the twenty-one (i21) day warranty period, contact Monotype with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Monotype to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability and remedy shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at that Monotype will use commercially reasonable effects to cause the direction of Purchaser or materials Licensed Web Font(s) provided by or on behalf of Purchaser and (ii) shall comply herein to conform with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Productswithin twenty-one (21) days or as soon thereafter as commercially reasonable. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET ProductsMONOTYPE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). Supplier will make no other warranties with respect to the PET ProductsTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE’S BREACH OF WARRANTY. OTHER THAN EXCEPT FOR THE ABOVE FOREGOING LIMITED WARRANTY, SUPPLIER MONOTYPE MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS REPRESENTATIONS OR OTHERWISEWARRANTIES, EXPRESS OR IMPLIED, IN FACT AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSFITNESS FOR ANY PARTICULAR PURPOSE. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR PUNITIVEANY CONSEQUENTIAL, CONSEQUENTIAL INCIDENTAL OR INCIDENTAL SPECIAL DAMAGES. Notwithstanding , INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Some states or jurisdictions do not allow the foregoingexclusions of limitations of incidental, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of consequential or special damages, so the above warranty; providedexclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to twenty-one (21) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Monotype’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars ($100,000) United States dollars, provided that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer jurisdictions permit a limitation of such shortageliability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Licensed Web Font(s) are non-returnable and nonrefundable. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier Seller warrants that that, for a period of one year from the date of Sellers’s shipment of the goods, all PET Products sold to Purchaser (i) shall of the goods delivered will be free from defects in materials and workmanship under normal use and materials, except for service (normal wear and tear excepted). Purchaser shall promptly notify Seller of any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under failure to meet this warranty. The conditions of any test designed to resolve any alleged breach of warranty shall be mutually agreed upon, whether and Seller shall be notified of and may be represented in contract or tort, all such tests that may be made. Seller’s obligation to Purchaser with respect to any goods found to be defective shall be limited exclusively to the repayment of (at Seller’s sole option) replacing or repairing such goods at Seller’s facility (or such other point as Seller may designate) or refunding the purchase price of any such goods found to be defective, provided that written notice of such defect is received by Seller from Purchaser within one year from the defective PET Productsdate of receipt. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier Any claim not made within such one year period shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers be conclusively deemed waived by Purchaser that directly result from Supplier’s breach of the above warrantyPurchaser; provided, that such line hour charges shall be no greater than however, notwithstanding the line hour charges paid by notice requirement contained in the preceding sentence, if Purchaser failed to other similar Constar Customers under similar circumstances. (b) Purchaser agrees inspect the goods or to waive send Seller written notice of all claims for shortages within 14 days of receipt, as set forth in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisionspreceding subsection, Purchaser shall not bring be conclusively deemed to have waived any other action claim against Seller based upon, arising hereunder unless such action out of, or related to any defect that was ascertainable upon adequate inspection of the goods. No goods are to be returned to Seller without its written authorization. There will be a 10% restocking fee due Seller in addition to any shipping, labor and repair costs incurred by Seller (if applicable) for any returned goods. If warranty service is brought within one year after the date such cause of action accrues. (d) Supplier required at Purchaser’s location, labor and travel charges shall apply. Seller shall not be liable forfor any expense incurred by Purchaser in order to remedy any defect in the goods. Title to all goods that have been replaced shall thereafter vest in Seller, where Purchaser had previously acquired title pursuant to the provisions hereof. If goods furnished to Purchaser's specifications are used or combined by Purchaser with other products or items not furnished herein, Purchaser shall indemnify and Purchaser assumes responsibility for, hold harmless Seller from all personal injury and property damage claims resulting from the handling, possession, use or resale incorporation of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or goods in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of SupplierPurchaser's product.

Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products sold to Purchaser (i) shall be free from defects in workmanship and materialsTHE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warrantyTHE LICENSORS FURTHER DISCLAIM ALL WARRANTIES, whether in contract or tortEITHER EXPRESS OR IMPLIED, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT SHALL THE LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL OTHER DAMAGES, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER PECUNIARY LOSS ARISING OUT OF THIS SLA OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding the foregoingNOTWITHSTANDING THE FOREGOING, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid TO THE EXTENT THAT NVIDIA OR ITS AFFILIATES MAY BE HELD LEGALLY LIABLE TO YOU BY A COURT OF COMPETENT JURISDICTION UNDER CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, THE MAXIMUM LIABILITY SHALL NOT EXCEED THE APPLICABLE PURCHASE PRICE OF THE SOFTWARE OR ONE THOUSAND DOLLARS (US$1,000), WHICHEVER IS GREATER. NVIDIA has no obligation to the Constar Customers by Purchaser that directly result from Supplier’s breach support or provide any updates of the above warranty; provided, SOFTWARE. You agree that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesYou are solely responsible for maintaining appropriate data backups and system restore points for Target Systems. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier 12.1 Hyland represents and warrants to ASP that is has the necessary rights to enter into this Agreement and that it has the necessary ownership and intellectual property rights to the Application Software to grant the licenses herein, Hyland warrants that all PET Products sold the Application Software will operate generally in conformance with its published documentation, if properly used by ASP and customer. If ASP discovers any errors in the Application Software, ASP shall promptly notify Hyland in writing as to Purchaser (i) the description of the problem whereupon Hyland shall use reasonable efforts to promptly correct such problems. Corrections will be provided to ASP with instruction for implementation. The remedies set forth in this Agreement shall be free from defects ASP's sole remedies for breach of this Agreement [Much of this is covered in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. Section 10.2]. 12.2 THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISEWARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE RIGHTS AND REMEDIES GRANTED TO ASP UNDER THIS PARAGRAPH CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY OF ASP AND ASP'S CUSTOMERS AGAINST HYLAND FOR BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR FOR ANY ERRORS OR DEFECTS IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSAPPLICATION SOFTWARE. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT SHALL HYLAND BE LIABLE TO ASP OR ASP'S CUSTOMERS FOR PUNITIVEANY DAMAGES ARISING FROM OR RELATED TO FAILURE OR INTERRUPTION OF THE APPLICATION SOFTWARE OR FOR INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR INCIDENTAL DAMAGESFOR LOSS OF PROFIT OR OPPORTUNITY, LOSS OF USE OR OTHER Copyright(C)Hyland Software, Inc. (Confidential) 6 Confidential Treatment Requested FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE LICENSE, TRANSFER OR USE OF THE APPLICATION SOFTWARE. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesIN NO EVENT SHALL HYLAND'S LIABILITY HEREUNDER EXCEED THE TOTAL AMOUNT RECEIVED BY HYLXXX XXXXR THIS AGREEMENT. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier Dade Behring warrants that all PET Products sold to Purchaser (i) shall be the Equipment and Hemostasis Patient Reportable Tests are free from defects in material and workmanship and materialsthe Hemostasis Patient Reportable Tests conform to the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the Equipment, except for Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any defects arising out of actions taken Equipment/Supply price breakdowns which are requested by or at the direction of Purchaser or materials Customer and provided by or on behalf of Purchaser Dade Behring are correct and (ii) shall comply with the historical specifications for Existing PET Products can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and with any agreed upon specifications for New PET Productsrelated documentation. Supplier’s liability under Except as expressly stated in this warrantyAgreement, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER DADE BEHRING MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISEOTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSOF FITNESS FOR PARTICULAR PURPOSE. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier Neither party shall indemnify Purchaser for reasonable and customary line hour charges actually paid have any liability to the Constar Customers by Purchaser that directly result from Supplier’s breach other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the above warrantyEquipment or Tests; provided(ii) any interruption of service, that such line hour charges loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be no greater than limited to repairing or replacing the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE IN CONNECTION WITH THE EQUIPMENT OR THE TESTS. You will not make any claim against DBFS (bor its Assignee) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisionsany special, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable forconsequential or incidental damages, and Purchaser assumes responsibility forneither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, all personal injury and property damage resulting from the handling, possession, use operation or resale performance of the PET Products produced hereunder after such PET Products are delivered to Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the applicable Constar Customerdelivery, whether servicing maintenance, repair or replacement of the same is used alone Equipment or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of SupplierTests.

Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products sold to Purchaser (i) Warranties for the products shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and as follows: (ii1) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Productsdesign, workmanship and materials of the products, XXXXXXX EQUIPMENT COMPANY extends to Purchaser, and does hereby assign to Purchaser, the same warranty or warranties regarding design, workmanship and materials relating to the products as the manufacturer or supplier of the products extends to XXXXXXX EQUIPMENT COMPANY, which shall be the sole warranty or warranties extended to Purchaser with regard to the products, and (2) with respect to any fabrication work relating to the products performed by XXXXXXX EQUIPMENT COMPANY, XXXXXXX EQUIPMENT COMPANY warrants its workmanship for a period of one (1) year from the shipment date. With respect to services supplied to Purchaser, XXXXXXX EQUIPMENT COMPANY warrants it will perform all services in a workmanlike manner in accordance with (i) any specifications set forth on any applicable service order; (ii) any Purchaser site requirements communicated to XXXXXXX EQUIPMENT COMPANY; and (iii) generally accepted industry practices applicable to the services; and (iv) these Terms and Conditions. If XXXXXXX EQUIPMENT COMPANY breaches this warranty with respect to the services, upon notice from Purchaser delivered not less than 60 days after such services have been provided, XXXXXXX EQUIPMENT COMPANY will promptly repair, replace or re-supply the services in question (including shipping and labor costs, but not including removal or reinstallation costs) at no cost to Purchaser. THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED WARRANTIES ARISING BY OPERATION OF MERCHANTABILITY, FITNESS LAW OR OTHERWISE, EXPRESS INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSFITNESS FOR A PARTICULAR PURPOSE. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT WILL XXXXXXX EQUIPMENT COMPANY BE LIABLE FOR PUNITIVE, INCIDENTAL OR CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding THE TOTAL LIABILITY OF XXXXXXX EQUIPMENT COMPANY FOR ANY DAMAGES HEREUNDER SHALL BE LIMITED TO THE AMOUNT PAID BY PURCHASER FOR THE PRODUCTS AND/OR SERVICES PURCHASED HEREBY. Written notice of any claimed defect must be given to XXXXXXX EQUIPMENT COMPANY within thirty (30) days after such defect is or should have been discovered. Products claimed to be defective must be held for XXXXXXX EQUIPMENT COMPANY’s shipping instructions. No claim for products alleged to be defective will be allowed until XXXXXXX EQUIPMENT COMPANY has had a reasonable opportunity to examine the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid products. XXXXXXX EQUIPMENT COMPANY’s obligation with respect to defective products is expressly limited to the Constar Customers by Purchaser that directly result from Supplier’s breach of the repair or replacement of, or at its option, allowing credit for any such products, all as herein above warrantyprovided. This warranty does not extend to (a) any losses due to misuse, accident, abuse, neglect, normal wear and tear, or improper installation, maintenance or application; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages products that have been repaired or altered outside of XXXXXXX EQUIPMENT COMPANY’s facility, unless authorized in the PET Products ordered and received hereunder writing by XXXXXXX EQUIPMENT COMPANY or unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. installation, repair or alteration is performed by XXXXXXX EQUIPMENT COMPANY; or (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale labor charges for removal and/or replacement of the PET Products produced hereunder after such PET Products are delivered non-conforming or defective product or part thereof. This warranty extends to the applicable Constar Customer, whether the same is used alone Purchaser only and not to Purchaser’s customers or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct users of SupplierPurchaser’s products.

Warranty; Limitation of Liability. (a) Supplier EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9, ENGIE SERVICES U.S. MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIED IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. District WILL HAVE NO REMEDIES AGAINST EITHER ENGIE SERVICES U.S. OR ANY ENGIE SERVICES U.S. SUBCONTRACTOR OR VENDOR FOR ANY DEFECTIVE MATERIALS OR EQUIPMENT INSTALLED, EXCEPT FOR THE REPAIR OR REPLACEMENT OF SUCH MATERIALS OR EQUIPMENT IN ACCORDANCE WITH THE WARRANTIES INDICATED BELOW. SPECIFICALLY, NEITHER ENGIE SERVICES U.S., NOR ENGIE SERVICES U.S.’s SUBCONTRACTORS OR VENDORS, WILL BE LIABLE TO District FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. Section 9.01 ENGIE Services U.S. warrants to District that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or permitted by this Contract. ENGIE Services U.S. further warrants that all PET Products sold to Purchaser (i) shall its workmanship provided hereunder, including its subcontractors’ workmanship, will be free of material defects for a period of one (1) year from defects in workmanship and materialsthe date of Substantial Completion as indicated on the executed Certificate of Substantial Completion, except for any defects arising out or the date of actions taken by or at Beneficial Use as indicated on the direction executed Certificate of Purchaser or materials provided by or on behalf of Purchaser and Beneficial Use (ii) shall comply with “ENGIE Services U.S. Warranty”). Notwithstanding the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warrantypreceding sentence, whether in contract or tort, shall be limited exclusively to the repayment of date the purchase price of the defective PET Products. Supplier will make no other warranties ENGIE Services U.S. Warranty commences with respect to a specific piece or pieces of equipment may be further defined in Attachment C. Section 9.02 Equipment and material warranties that exceed the PET ProductsENGIE Services U.S. Warranty period will be provided directly by the equipment and/or material manufacturers and such warranties will be assigned directly to District, after the one (1) year period. OTHER THAN THE ABOVE WARRANTYDuring the ENGIE Services U.S. Warranty period, SUPPLIER MAKES NO WARRANTYENGIE Services U.S. will be District’s agent in working with the equipment and material manufacturers in resolving any equipment or material warranty issues. If any material defects are discovered within the ENGIE Services U.S. Warranty period, WHETHER OF MERCHANTABILITYENGIE Services U.S., FITNESS OR OTHERWISEor ENGIE Services U.S.’s subcontractors, EXPRESS OR IMPLIEDwill correct its defects, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding and/or ENGIE Services U.S. will work with the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid equipment or material manufacturer as District’s agent to facilitate the Constar Customers by Purchaser that directly result from Suppliermanufacturer’s breach correction of the above warranty; provided, that such line hour charges shall equipment or material defect. Such warranty services will be no greater than performed in a timely manner and at the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer reasonable convenience of such shortage. (c) Subject to the above provisions, Purchaser shall not bring District. If a warranty issue arises on any other action arising hereunder unless such action is brought within one year equipment or material installed after the date such cause of action accrues. (d) Supplier shall not be liable forENGIE Services U.S. Warranty period, and Purchaser assumes responsibility forthe equipment or material has a warranty period that exceeds one (1) year, all personal injury and property damage resulting from ENGIE Services U.S. will contact the handling, possession, use or resale manufacturer directly as a representative of the PET Products produced hereunder after District to resolve such PET Products are delivered to warranty issues and District acknowledges that the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any manufacturer will have sole responsibility for such personal injury or property damage results from the willful misconduct of Supplierissues.

Warranty; Limitation of Liability. (a) Supplier warrants DSRMC represents that all PET Products sold it will provide or cause the Services to Purchaser (i) shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment Entities with reasonable care and in accordance with all applicable laws, rules, and regulations, including without limitation those of the purchase price of the defective PET ProductsFederal Energy Regulatory Commission. Supplier will make no other warranties with respect to the PET ProductsEXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE AND IN SECTION 3, ALL PRODUCTS OBTAINED FOR THE ENTITIES ARE AS IS, WHERE IS, WITH ALL FAULTS. OTHER THAN THE ABOVE WARRANTY, SUPPLIER DSRMC MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE(AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN FACT INCLUDING THE WARRANTIES OF MERCHANTABILITY OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PET PRODUCTSSERVICES RENDERED OR PRODUCTS OBTAINED FOR THE ENTITIES. SUBJECT FURTHERMORE, THE ENTITIES MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO DSRMC BY ANY PARTY (INCLUDING, AN AFFILIATE OF DSRMC) PERFORMING SERVICES ON BEHALF ON DSRMC HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO SHAMROCK GP OR THE FOLLOWING SENTENCEPARTNERSHIP ENTITIES. HOWEVER, SUPPLIER IN THE CASE OF OUTSOURCED SERVICES PROVIDED SOLELY FOR THE ENTITIES, IF THE THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO ANY OF THE ENTITIES, THE ENTITIES ARE ENTITLED TO CAUSE DSRMC TO RELY ON AND TO ENFORCE SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY THE ENTITIES THAT DSRMC AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY SERVICES HEREUNDER AND FURTHER THAT DSRMC AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT ON THE PART OF DSRMC OR ITS AFFILIATES BUT DSRMC SHALL, ON BEHALF OF THE PARTNERSHIP, PURSUE ALL RIGHTS AND REMEDIES UNDER ANY SUCH THIRD PARTY CONTRACT. THE ENTITIES AGREE THAT THE REMUNERATION PAID TO DSRMC HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL DSRMC BE LIABLE TO THE ENTITIES OR ANY OTHER PERSON FOR PUNITIVEANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR INCIDENTAL DAMAGESFROM THE BREACH OF THIS AGREEMENT, REGARDLESS OF THE FAULT OF DSRMC, ANY DSRMC AFFILIATE, OR ANY THIRD PARTY PROVIDER OR WHETHER DSRMC, ANY DSRMC AFFILIATE, OR THE THIRD PARTY PROVIDER ARE WHOLLY, CONCURRENTLY, PARTIALLY, OR SOLELY NEGLIGENT. Notwithstanding the foregoingTO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO DSRMC OR ITS AFFILIATE FOR SERVICES UNDER AN OUTSOURCING OR OTHER AGREEMENT, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesTHE ENTITIES AGREE TO BE BOUND BY SUCH LIMITATION OF LIABILITY FOR ANY PRODUCT OR SERVICE PROVIDED TO THE ENTITIES BY SUCH THIRD PARTY PROVIDER UNDER DSRMC'S OR SUCH AFFILIATE'S AGREEMENT. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9, OPTERRA ENERGY SERVICES MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIED IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. MERCED COUNTY WILL HAVE NO REMEDIES AGAINST EITHER OPTERRA ENERGY SERVICES OR ANY OPTERRA ENERGY SERVICES SUBCONTRACTOR OR VENDOR FOR ANY DEFECTIVE MATERIALS OR EQUIPMENT INSTALLED, EXCEPT FOR THE REPAIR OR REPLACEMENT OF SUCH MATERIALS OR EQUIPMENT IN ACCORDANCE WITH THE WARRANTIES INDICATED BELOW. SPECIFICALLY, NEITHER OPTERRA ENERGY SERVICES, NOR OPTERRA ENERGY SERVICES’ SUBCONTRACTORS OR VENDORS, WILL BE LIABLE TO MERCED COUNTY FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. Section 9.01 OpTerra Energy Services warrants to Merced County that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or permitted by this Contract. OpTerra Energy Services further warrants that all PET Products sold to Purchaser (i) shall its workmanship provided hereunder, including its subcontractors’ workmanship, will be free of material defects for a period of one (1) year from defects in workmanship and materialsthe date of Substantial Completion as indicated on the executed Certificate of Substantial Completion (“OpTerra Energy Services Warranty”). Notwithstanding the preceding sentence, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with date the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties OpTerra Energy Services Warranty commences with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach a specific piece or pieces of the above warranty; provided, that such line hour charges shall equipment may be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages further defined in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.Attachment C.

Warranty; Limitation of Liability. (a) Supplier warrants Lessee acknowledges that all PET Products sold to Purchaser (i) it has made the selection of each item of Equipment based upon its own judgment and expressly disclaims any reliance upon statements made by Lessor. Lessee shall be free from defects in workmanship provided the benefit of any standard product warranties applicable to all Equipment that are normally furnished by Supplier to purchasers of identical Equipment, and materials, except the right to enforce any such warranty made by any Supplier is hereby assigned to Lessee for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment term of the purchase price of the defective PET Productsapplicable Lease Schedule. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTYLESSOR MAKES NO, SUPPLIER MAKES NO WARRANTYAND DISCLAIMS ALL, WHETHER OF MERCHANTABILITYWARRANTIES, FITNESS EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, EXPRESS INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSFITNESS FOR A PARTICULAR PURPOSE. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT SHALL LESSOR BE LIABLE TO LESSEE OR ANY OTHER PERSON FOR PUNITIVEEXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS MASTER LEASE, ANY LEASE SCHEDULE OR INCIDENTAL DAMAGESTHE USE OR POSSESSION OF EQUIPMENT, INCLUDING WITHOUT LIMITATION, THE COST OF COVER, LOSS OF PROFIT, USE, SAVINGS OR REVENUE, OR THE CLAIMS OF THIRD PARTIES, WHETHER OR NOT LESSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. Notwithstanding Lessee understands and agrees that neither the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach nor any salesperson of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesSupplier is an agent of Lessor. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier 12.01 Manufacturer warrants that all PET Products sold to Purchaser for a period after delivery of Product of sixty (i60) shall be free from defects in workmanship days for domestic deliveries and materialsninety (90) days for international deliveries, except for any defects arising out of actions taken Product supplied by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) Manufacturer shall comply with the historical specifications for Existing PET Products and Specifications. Any noncompliance in Off-Grade Material to the extent caused by (i) a failure of Raw Materials to comply with any agreed upon specifications for New PET Products. Supplier’s liability under the RM Specifications or (ii) Manufacturer's use (but not misuse) of the Technology, is not covered by this warranty. If Purchaser discovers that any Product does not comply with Specifications and notifies Manufacturer in writing during the applicable warranty period, whether Manufacturer shall replace such Off-Grade Material, including for these purposes reworking or blending of the Off-Grade Material with new Product meeting the Specifications. In the event that, in contract or tortManufacturer's reasonable judgment, blending of the Off-Grade Material is not likely to remedy the noncompliance with Specifications, Purchaser agrees to use its reasonable best efforts to market such Off-Grade Material and if successful, no further claim as to such Off-Grade Material shall be limited exclusively made by Purchaser. Notwithstanding the foregoing, Manufacturer shall reimburse Purchaser in the exercise of such reasonable best efforts for any reasonable discounts granted by Purchaser to its customers that purchase Off-Grade Material to the repayment of extent that such discount was offered solely as an inducement to purchase product that does not comply with the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. Specifications. 12.02 THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY MADE BY MANUFACTURER AND IS IN LIEU OF AND EXCLUDES ALL OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS OR OTHERWISEANY KIND, EXPRESS OR IMPLIED, IN FACT OR ARISING BY OPERATION OF LAW, CUSTOM, CONDUCT, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION THE RIGHTS AND REMEDIES OF PURCHASER PROVIDED HEREIN ARE EXCLUSIVE OF ANY OTHER RIGHTS OR LIABILITY UNDER REMEDIES OF PURCHASER. PURCHASER'S EXCLUSIVE REMEDY FOR BREACH OF THE ABOVE WARRANTY OR IN SECTION 12.01 WITH RESPECT TO THE PET PRODUCTS. SUBJECT ANY PRODUCT IS TO THE FOLLOWING SENTENCERECEIVE A TIMELY REPLACEMENT OF, SUPPLIER SHALL OR IF NOT TIMELY REPLACED, A CREDIT FOR SUCH PRODUCT. 12.03 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OTHER TORT OR OTHERWISE) FOR PUNITIVESPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier GENERAL: SST warrants that all PET Products sold to Purchaser (i) shall each unit of Product will meet Customer's specifications for assembly type and revision and will be free from defects in workmanship workmanship, under normal use and materialsprescribed maintenance, except for a period of 12 months and defects in SST supplied components and/or material for a period of 90 days. This warranty does not extend to Customer supplied components and or material (CFM). This warranty shall not apply to any goods delivered pursuant to this agreement which have been damaged, or subjected to any post-manufacture alterations or modifications made by any party other than SST, or which have been subject to negligent treatment after delivery or to any defects arising out which are due to drawings or deviations furnished by Customer. Upon the failure of actions taken by or at the direction any unit of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall Product to comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this above warranty, whether in contract SST shall, at its option, promptly repair or tort, shall be limited exclusively to replace such unit. Should the repayment cause of the purchase failure or defect be mutually determined to be design related and unrepairable, Customer will promptly pay SST the full selling price of the defective PET Productsassembly. Supplier will make The cost of any repairs made by SST to any unit of Product no other warranties longer covered by this warranty shall be borne by Customer, however in no event shall any said cost of repairs to Customer exceed 50% of the original unit cost. Customer acknowledges that SST has not been informed or notified of the intended use of the Product and that SST has not consulted or conferred with respect Customer as to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding suitability or fitness of the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid design or specifications to the Constar Customers by Purchaser that directly result from Supplier’s breach intended use of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesProduct. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier ARIS represents and warrants that all PET Products sold to Purchaser the Services provided hereunder will be performed in a manner consistent with the professional standards and the general customs and practices of the industry and in accordance with Customer standards as established for work previously performed for Customer by The Consulting Team and Intime and as developed by ARIS for Customer. Customer must report any deficiencies in the Services within ninety (i90) days of the later of the completion of the Services or the date that such deficiencies were reasonably discoverable by Customer, in no event, however, exceeding 180 days from the date of completion of such Services. Customer's sole remedy for the breach of any warranty by ARIS under this Agreement shall be free from defects in workmanship and materialsthe re-performance of the Services. If ARIS is unable to re-perform the Services as warranted, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, Customer shall be limited exclusively entitled to recover the fees paid to ARIS for the deficient Services. ARIS acknowledges the Customer's Project 2000 standards require all year dates to be in a four-digit format which is fully functional and processes correctly and accurately as input, as output and at all interfaces, and agrees that ARIS will identify and disclose any pre-existing Customer or third-party code it encounters in connection with work for Customer which does not meet Customer's Project 2000 standards so Customer may evaluate all such non-complying code for correction. Correction of non-complying code created by ARIS or The Consulting Team shall be at ARIS' expense. This obligation shall not be subject to the repayment time limits set out in the preceding paragraph and deficiencies shall not be considered reasonably discoverable until the later of the purchase price implementation date or the commencement of production processing in the defective PET Productsyear 2000. Supplier will make no other warranties with respect to the PET ProductsTHE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE ARIS' EXCLUSIVE WARRANTIES. OTHER THAN ARIS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAWFOR A PARTICULAR PURPOSE, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE ANY WARRANTY OR OF NON-INFRINGEMENT WITH RESPECT TO THE PET PRODUCTSINTELLECTUAL PROPERTY. SUBJECT ARIS WILL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN ANY EVENT, ARIS' MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesAMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. A. Limited Product Warranty. Provided Purchaser has notified SKYNET, in writing, within the fixed warranty period (a) Supplier warrants that all PET Products sold one year from the date of Installation Sign Off), SKYNET will, at their discretion and at no charge, either repair, exchange or replace a defective SKYNET product provided to Purchaser if it is returned complete to SKYNET during the warranty period. Purchaser will be responsible for the labor to remove and reinstall the product(s) from Purchaser’s premises. This warranty is conditioned on (i) shall be free from defects in workmanship and materialsthe products being installed, except for any defects arising out of actions taken repaired or altered only by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and SKYNET authorized personnel, (ii) shall comply with no unauthorized components having been incorporated into any SKYNET product, (iii) no force majeure having occurred causing, in whole or in part, a security issue and (iv) the historical specifications for Existing PET Products products being operated and with any agreed upon specifications for New PET Productsmaintained properly. SupplierThe foregoing is the only warranty and is Purchaser’s liability sole and exclusive remedy under this warrantyAgreement. When a product is repaired, whether in contract exchanged or tortreplaced during the one (1) year warranty period, shall be limited exclusively to the repayment of the purchase price of the defective PET Productswarranty does not renew or reset. B. DISCLAIMER OF ALL OTHER WARRANTIES. Supplier will make no other warranties with respect to the PET ProductsSKYNET HEALTHCARE TECHNOLOGIES, INC. DISCLAIMS ANY AND ALL OTHER THAN THE ABOVE WARRANTYWARRANTIES, SUPPLIER MAKES NO WARRANTYCONDITIONS, OR REPRESENTATIONS WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT ORAL OR BY LAWWRITTEN, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS, SOFTWARE OR SERVICES OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT SKYNET KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. SUBJECT IN ADDITION, SKYNET HEALTHCARE TECHNOLOGIES, INC. EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN PURCHASER WITH RESPECT TO THE FOLLOWING SENTENCEPRODUCTS, SUPPLIER SHALL IN NO EVENT SOFTWARE OR SERVICES OR ANY PART THEREOF. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR NON-CONFORMING SERVICES IS THE REPERFORMANCE OF NON-CONFORMING SERVICES AT SKYNET’S EXPENSE. IF SKYNET IS UNABLE TO REMEDY ANY DEFICIENT SERVICES WITHIN THIRTY (30) DAYS OF NOTICE OR SUCH ADDITIONAL TIME AS MAY BE LIABLE AGREED UPON BY THE PARTIES, SKYNET WILL REFUND CUSTOMER ANY FEES PAID FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesTHE SPECIFIC NON-CONFORMING SERVICES. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products sold to Purchaser (i) shall be free from defects in workmanship and materialsThere are no express or implied warranties for value added services, except for any defects arising out of actions taken by services bundled with the prod- ucts, or at the direction of Purchaser or materials other services provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET ProductsCompany. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET ProductsCOPIES OF THE MANUFACTURERS’ WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING THE COMPANY. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER COMPANY MAKES NO WARRANTYOTHER WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND ANY AND ALL OTHER WAR- RANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. CUSTOMER IS RESPONSIBLE FOR INSTALLATION AND USE IN ACCORDANCE WITH MANUFACTURERS’ INSTRUCTIONS AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR CUSTOMER’S IMPROPER SELECTION OF A PRODUCT FOR A PARTIC- ULAR APPLICATION OR OTHERWISE. NO WARRANTY WILL APPLY IF ITS PRODUCTS ARE IN ANY WAY ALTERED OR MODIFIED AFTER DELIVERY BY THE COMPANY OR DEFECT OR FAILURE ARISES BECAUSE CUSTOMER FAILED TO FOLLOW COMPANY’S INSTRUCTIONS AS TO THE STOR- AGE, EXPRESS INSTALLATION, COMMISSIONING, USE OR IMPLIEDMAINTENANCE OF THE GOODS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CON- TAINED HEREIN OR IN ANY OTHER AGREEMENT AMONG THE PARTIES, (A) THE COMPANY’S LIABILITY ON ANY CLAIM ARISING OUT OF THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR CONNECTED IN FACT ANY MANNER WITH THE SUPPLYING OF ANY PRODUCTS OR BY LAWSERVICES HEREUNDER, OR THE SALE, RESALE, OPERATION OR USE ALLOCABLE TO SUCH PRODUCTS OR PART THERE- OF INVOLVED IN THE CLAIM, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND FOR PROPERTY DAMAGE AND DEATH) OR OTHER GROUNDS, SHALL NOT IN ANY EVENT EXCEED THE PRICE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, REGARDLESS OF CAUSE OR FAULT., AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL (B) IN NO EVENT SHALL THE COMPANY BE LIABLE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR PUNITIVEANY CONSEQUENTIAL, CONSEQUENTIAL SPECIAL, INCIDENTAL, INDIRECT PUNITIVE OR INCIDENTAL EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, SALES, DATA, BUSINESS, GOODWILL OR USE, OR DIMINUTION IN VALUE, EVEN IF THE COM- PANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE COULD HAVE BEEN REASONABLY FORESEEN BY COMPANY, IN EACH CASE, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such THE PARTIES AGREE THAT WITHOUT THIS LIMITATION OF LIABILITY THE COMPANY WOULD NOT HAVE AGREED TO THE PRICE OR TERMS AND CONDITIONS OF THIS AGREEMENT. THE LIMITATION OF LIABILITY SET FORTH HEREIN APPLIES BOTH TO PRODUCTS AND SERVICES PUR- CHASED OR OTHERWISE PROVIDED HEREUNDER. Any cause of action accrues. (d) Supplier shall not against the Company must be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting instituted within 1 year from the handling, possession, use date of pur- chase or resale provision of the PET Products produced hereunder after products or services. If the Company provides Customer with advice, training, applications support, or other assistance which concern any products supplied hereunder, or any equipment, system or the like in which the product may be installed, the Company’s giving of such PET Products are delivered advice or assistance will not subject the Company to the applicable Constar Customerany liability, whether the same is used alone based on contract, warranty, tort (including negligence) or in combination with other substancesgrounds. PRODUCTS MANUFACTURED BY A THIRD PARTY MAY CONSTITUTE, except to the extent any such personal injury or property damage results from the willful misconduct of SupplierCONTAIN, BE CONTAINED IN, INCORPORATED INTO, ATTACHED TO OR PACKAGED TOGETHER WITH, THE GOODS SOLD PURSUANT TO THESE TERMS AND CONDITIONS, AND SUCH THIRD PARTY PRODUCTS ARE NOT COVERED BY THE COMPANY’S MANUFACTURER’S WARRANTIES OR ANY EXPRESS OR IMPLIED WARRANTY BY THE COMPANY.

Warranty; Limitation of Liability. Seller warrants title to each individual product sold under the Contract and further warrants for a period of one (al) Supplier warrants year after shipment, but only to the extent and limit of the purchase price paid for such individual product, that all PET Products sold such product conforms to Purchaser (i) shall be the specifications set forth in the Contract and is free from defects in material and workmanship under normal service and materialsuse for which it was designed. Seller’s sole obligation and Purchaser’s exclusive remedy under this warranty shall be limited to one of the following, except as selected by Seller: delivering to Purchaser a replacement for any defects arising out product part thereof determined by Seller to be defective; repairing such product or part; or refunding the purchase price (or an equitable portion thereof) paid for such product or part by Purchaser. SELLER MAKES NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY, AND NO OTHER WARRANTY, WHETHER EXPRESS OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH SELLER’S PRODUCTS OR ANY SALE OR USE THEREOF. Purchaser must notify Seller within 30 calendar days of actions taken by or at discovery and within the direction warranty period of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability claim under this warranty, whether in contract or tort, shall be limited exclusively . Seller’s warranty extends only to the repayment first purchaser of a product from Seller or Seller’s authorized distributor. All goods not manufactured by Seller are warranted only to the extent of the purchase price warranties of the defective PET Productsoriginal manufacturer. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTYSeller disclaims, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable responsible for, any liability arising from tort, including strict liability, and Purchaser assumes responsibility Seller further disclaims, and shall not be responsible for, all personal injury and property damage resulting from the handling, possession, use any liability (whether arising under this or resale any other provision of the PET Products produced hereunder after Contract or otherwise) for any costs (including costs of removal and replacement), liabilities, lost profits, loss of good will or any other general, direct, special, incidental or consequential damages incurred by Purchaser in connection with the Contract or any product purchased thereunder, in all cases irrespective of whether Seller was advised of the possibility of such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplierliability.

Warranty; Limitation of Liability. (a) Supplier 12.01 Manufacturer warrants that all PET Products sold to Purchaser for a period after delivery of Product of sixty (i60) shall be free from defects in workmanship days for domestic deliveries and materialsninety (90) days for international deliveries, except for any defects arising out of actions taken Product supplied by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) Manufacturer shall comply with the historical specifications for Existing PET Products and Specifications. Any noncompliance in Off-Grade Material to the extent caused by (i) a failure of Raw Materials to comply with any agreed upon specifications for New PET Products. Supplier’s liability under the RM Specifications or (ii) Manufacturer's use (but not misuse) of the Technology, is not covered by this warranty. If Purchaser discovers that any Product does not comply with Specifications and notifies Manufacturer in writing during the applicable warranty period, whether Manufacturer shall replace such Off-Grade Material, including for these purposes reworking or blending of the Off-Grade Material with new Product meeting the Specifications. In the event that, in contract or tortManufacturer's reasonable judgment, blending of the Off-Grade Material is not likely to remedy the noncompliance with Specifications, Purchaser agrees to use its reasonable best efforts to market such Off-Grade Material and if successful, no further claim as to such Off-Grade Material shall be limited exclusively made by Purchaser. Notwithstanding the foregoing, Manufacturer shall reimburse Purchaser in the exercise of such reasonable best efforts for any reasonable discounts granted by Purchaser to its customers that purchase Off-Grade Material to the repayment of extent that such discount was offered solely as an inducement to purchase product that does not comply with the purchase price of the defective PET ProductsSpecifications. Supplier will make no other warranties with respect to the PET Products. 12.02 THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY MADE BY MANUFACTURER AND IS IN LIEU OF AND EXCLUDES ALL OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS OR OTHERWISEANY KIND, EXPRESS OR IMPLIED, IN FACT OR ARISING BY OPERATION OF LAW, CUSTOM, CONDUCT, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION THE RIGHTS AND REMEDIES OF PURCHASER PROVIDED HEREIN ARE EXCLUSIVE OF ANY OTHER RIGHTS OR LIABILITY UNDER REMEDIES OF PURCHASER. PURCHASER'S EXCLUSIVE REMEDY FOR BREACH OF THE ABOVE WARRANTY OR IN SECTION 12.01 WITH RESPECT TO THE PET PRODUCTS. SUBJECT ANY PRODUCT IS TO THE FOLLOWING SENTENCERECEIVE A TIMELY 12 <PAGE> <PAGE> REPLACEMENT OF, SUPPLIER SHALL IN NO EVENT BE LIABLE OR IF NOT TIMELY REPLACED, A CREDIT FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesSUCH PRODUCT. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier SELLER warrants that all PET the Products sold to Purchaser (i) shall be hereunder are free from defects in material and workmanship and materialsconform to SELLER’s published specifications for such Products and that upon payment of the purchase price, except for CUSTOMER will receive good title to all such Products free from any defects arising out of actions taken lien or encumbrance. The preceding warranties are conditioned on: (i) no repairs, modifications or alterations being made to the Product other than by SELLER or at the direction of Purchaser or materials provided by or on behalf of Purchaser and its authorized representatives; (ii) shall comply with CUSTOMER handling, using, storing, installing, operating and maintaining the historical specifications for Existing PET Products and Product in compliance with any agreed upon parameters or instructions in any specifications for New PET Products. Supplierattached to, or incorporated into this Agreement; (iii) compliance with all generally accepted industry standards; (iv) CUSTOMER discontinuing use of the Product after it has, or should have had, knowledge of any defect; (v) CUSTOMER providing prompt written notice of any warranty; (vi) at SELLER’s liability under this warrantydiscretion, whether in contract CUSTOMER either removing and shipping the Product or tortnon-conforming part thereof to SELLER, shall be limited exclusively at CUSTOMER's expense, or granting SELLER reasonable access to the repayment Products to assess the warranty claims; (vii) Product not having been subjected to accident (including force majeure), alteration, abuse or misuse; and (viii) CUSTOMER not being in default of the purchase price of the defective PET Productsany payment obligation. Supplier will make no other warranties with respect to the PET Products. NO OTHER THAN THE ABOVE WARRANTYWARRANTY OF ANY KIND, SUPPLIER MAKES NO WARRANTYEXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT IS MADE AS TO THE PET PRODUCTSPRODUCT SOLD OR ANY INSTRUCTIONS OR TECHNICAL ADVICE PROVIDED, UNLESS SEPARATELY AGREED IN WRITING. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT WILL CUSTOMER’S DAMAGES OR OTHER RECOVERY FROM SELLER IN ANY CAUSE OF ACTION, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY, EXCEED THE PRICE PAID BY CUSTOMER FOR THE SPECIFIC PRODUCT AS TO WHICH THE CLAIM IS MADE. SELLER SHALL NOT BE LIABLE LIABLE, AND CUSTOMER WAIVES ALL CLAIMS AGAINST SELLER, FOR PUNITIVELOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES BASED ON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY IN TORT OR INCIDENTAL DAMAGESANY OTHER CAUSE OF ACTION. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid Failure by CUSTOMER to the Constar Customers by Purchaser that directly result from Supplier’s breach give SELLER written notice of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier claim within 30 days after receiving notice from date of delivery or, in the case of non-delivery, from the Constar Customer date fixed for delivery, shall constitute a waiver by CUSTOMER of all claims in respect of such shortage. materials. Any action for breach of this Agreement (cother than for nonpayment of the purchase price) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought must be commenced within one year after the date such cause of action accrues. (d) Supplier shall not be liable has accrued. On passage of title to CUSTOMER, CUSTOMER assumes all responsibility and liability for, and Purchaser assumes responsibility foragrees to defend and indemnify SELLER against, all personal injury and property claims, loss or damage resulting from the handlingCUSTOMER’s storage, possession, handling or use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customermaterials purchased, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Suppliertheir containers.

Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products are sold to Purchaser (i) shall by the Company with such warranties as may be free from defects in workmanship extended by the manufacturer of the product(s), and materialsthere are no warranties for value added services, except for any defects arising out of actions taken by services bundled with the products, or at the direction of Purchaser or materials other services provided by the Company. COPIES OF THE MANUFACTURERS' WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING THE COMPANY. THE COMPANY MAKES NO OTHER WARRANTIES AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. CUSTOMER IS RESPONSIBLE FOR INSTALLATION AND USE IN ACCORDANCE WITH MANUFACTURERS' INSTRUCTIONS AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR CUSTOMER'S IMPROPER SELECTION OF A PRODUCT FOR A PARTICULAR APPLICATION OR OTHERWISE. No warranty will apply if its products are in any way altered or on behalf of Purchaser and (ii) shall comply with modified after delivery by the historical specifications for Existing PET Products and with any agreed upon specifications for New PET ProductsCompany. Supplier’s liability under this warrantyTHE COMPANY'S LIABILITY ON ANY CLAIM FOR LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR CONNECTED IN ANY MANNER WITH THE SUPPLYING OF ANY PRODUCTS OR SERVICES HEREUNDER, whether in contract or tortOR THE SALE, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN RESALE, OPERATION OR USE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE ABOVE CLAIM, WHETHER BASED ON CONTRACT, WARRANTY, SUPPLIER MAKES TORT (INCLUDING NEGLIGENCE AND FOR PROPERTY DAMAGE AND DEATH) OR OTHER GROUNDS, SHALL NOT IN ANY EVENT EXCEED THE PRICE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, REGARDLESS OF CAUSE OR XXXXX.XX NO WARRANTYEVENT SHALL THE COMPANY BE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, WHETHER INCIDENTAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF MERCHANTABILITYPROFITS, FITNESS REVENUES, SALES, DATA, BUSINESS, GOODWILL OR OTHERWISEUSE, EXPRESS EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL DAMAGE. THE PARTIES AGREE THAT WITHOUT THIS LIMITATION OF LIABILITY THE COMPANY WOULD NOT HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT AGREED TO THE PET PRODUCTSPRICE OR TERMS AND CONDITIONS OF THIS AGREEMENT.THE LIMITATION OF LIABILITY SET FORTH HEREIN APPLIES BOTH TO PRODUCTS AND SERVICES PURCHASED OR OTHERWISE PROVIDED HEREUNDER. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such Any cause of action accrues. (d) Supplier shall not against the Company must be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting instituted within 1 year from the handling, possession, use date of purchase or resale provision of the PET Products produced hereunder after products or services. If the Company provides Customer with advice, training, applications support, or other assistance which concern any products supplied hereunder, or any equipment, system or the like in which the product may be installed, the Company's giving of such PET Products are delivered advice or assistance will not subject the Company to the applicable Constar Customerany liability, whether the same is used alone based on contract, warranty, tort (including negligence) or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Suppliergrounds.

Warranty; Limitation of Liability. (a) Supplier Neither infoUSA nor any of its information or service providers assures or warrants that all PET or assumes any liability for the correctness, comprehensiveness or completeness of any Product. The Products sold to Purchaser (i) shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials are provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Productsan "AS IS" basis. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER INFOUSA MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS REPRESENTATIONS OR OTHERWISEWARRANTIES, EXPRESS OR IMPLIED, IN FACT TO CLIENT OR BY LAWTO ANY THIRD PARTY, AND SUPPLIER INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE MERCHANTABILITY, SUITABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OR RESULTS TO BE DERIVED FROM THE USE OF ANY LICENSED DATA, PRODUCTS, SOFTWARE OR OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT. NEITHER INFOUSA NOR ITS SUPPLIERS SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR PUNITIVEANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGESPUNITIVE DAMAGES OR "COSTS OF COVER" (INCLUDING, WITHOUT LIMITATION, COSTS OF PROCURING SUBSTITUTE PRODUCTS) WHICH ARISE OUT OF THE PURCHASE, SALE AND/OR USE OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT OR PURSUANT TO SOME OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. Notwithstanding Client further acknowledges that infoUSA's maximum aggregate liability to Client under any legal theory (including negligence) for damages arising directly or indirectly out of the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges licenses granted herein and/or use of the Products will not in any event exceed an amount equal to the Fees actually paid to by Client for the Constar Customers by Purchaser that directly result from Supplier’s breach of affected Product far the above warranty; provided, that such line hour charges shall be no greater than twelve (12)-month period immediately preceding the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesclaim. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. Seller warrants title to each individual product sold under this Contract and further warrants for a period of twenty four (a24) Supplier warrants months from ship date, but only to the extent and limit of the purchase price paid for such individual product, that all PET Products sold such product conforms to Purchaser (i) shall be the specifications set forth in the Contract and is free from defects in material and workmanship under normal service and materialsuse for which it was designed. Seller’s sole obligation and Purchaser’s exclusive remedy under this warranty shall be limited to one of the following, except as selected by Seller: delivering to Purchaser a replacement for any defects arising out product or part thereof determined by Seller to be defective, repairing such product or part, or refunding the purchase price (or an equitable portion thereof) paid for such product or part by Purchaser. SELLER MAKES NO WARRANTY OF FITNESS OR MERCHANTABILITY, AND NO OTHER WARRANTY, WHETHER EXPRESS OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH SELLER’S PRODUCTS OR ANY SALE OR USE THERE OF. Purchaser must notify Seller promptly and within the warranty period of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability claim under this warranty, whether in contract or tort, shall be limited exclusively . Seller’s warranty extends only to the repayment first purchaser of the purchase price of the defective PET Productsa product from Seller or Seller’s authorized distributor. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers All goods not manufactured by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims Seller are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except warranted only to the extent of the warranties of the original manufacturer. Seller disclaims any such personal injury liability arising from tort, including strict liability, and Seller further disclaims any liability (whether arising under this or property damage results from the willful misconduct any other provision of Supplierthis Contract or otherwise) for any costs (including costs of removal or replacement), liabilities, lost profits, loss of good will or any other general, special, incidental or consequential damages incurred by Purchaser in connection with this Contract or any product purchased there under.

Warranty; Limitation of Liability. (a) Supplier 12.1 GEMSTONE warrants that all PET Software Products sold will perform substantially in accordance with the Documentation for a period of ninety (90) days after the date the Software Products have been shipped to Purchaser Licensee (i) hereinafter "Warranty Period"). 12.2 During the Warranty Period, GEMSTONE shall be free from attempt, without charge, to diagnose, verify and correct errors or defects in workmanship the Software Products that are identified in writing by notice to GEMSTONE, and materialsany corrections for errors or defects may, except at GEMSTONE's election, be installed directly and/or incorporated in subsequent updates to be delivered to Licensee from GEMSTONE. 12.3 Any modifications or other alterations of a Software Product by Licensee without the approval of GEMSTONE shall, without limiting GEMSTONE's other remedies, void GEMSTONE's warranty and software maintenance obligations unless and until the Software Product is returned to its unaltered state. 12.4 GEMSTONE shall have no responsibility for delivering to Licensee any defects subsequent versions of the Software products or Documentation that it may develop in the future. 12.5 GEMSTONE's liability to the Licensee for all damages, costs, claims, or demands incurred or suffered by or awarded against GEMSTONE arising directly or indirectly out of actions taken by the performance or at any breach of this license shall in no event exceed the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability total amount paid to GEMSTONE under this warrantyLicense. 12.6 THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS MAY BE OTHERWISE PROVIDED IN FACT THIS AGREEMENT, GEMSTONE SHALL NOT BE RESPONSIBLE TO LICENSEE OR BY LAWTO ANY THIRD PARTY FOR ANY INDIRECT, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION SPECIAL, INCIDENTAL OR LIABILITY CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT OR TORT, DUE TO ANY FORESEEN OR UNFORESEEN CAUSE FROM LICENSEE'S OR ANY THIRD PARTY'S USE OR THE PERFORMANCE OF THE SOFTWARE PRODUCTS UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesTHIS AGREEMENT. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a1) Supplier KNOWiNK warrants that all PET Products sold Software provided hereunder to Purchaser (i) shall be free from defects in material or workmanship under normal use and materialsservice throughout the Agreement Term. KNOWiNK warrants that all Software shall be free from material defects in materials and workmanship, except be free of illicit or harmful code, not contain hidden files or viruses, not replicate, transmit or activate themselves, not alter, damage or erase data or computer programs, and not contain open source code. All repair covered by this warranty must be done by KNOWiNK, or other such warranty repair facilities of KNOWiNK as designated by KNOWiNK unless KNOWiNK specifically directs that this service be performed at another location. Any defect found to be within this scope of the warranty will be repaired by KNOWiNK and all charges for labor and material, will be borne by KNOWiNK. KNOWiNK warrants that all Professional Services will be performed in a professional and workmanlike manner. The Software warranty provided herein shall be provided through the Software Support Services and Professional Services set forth above provided that Customer has a current license and support subscription in effect. KNOWiNK does not warrant that all errors or defects will be corrected. Failure to maintain the subject license and subscription in effect shall void the warranty. (2) KNOWiNK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THIRD PARTY HARDWARE, IF ANY, PROVIDED BY KNOWiNK TO CUSTOMER, ALL OF WHICH IS SOLD, LICENSED, OR SUBLICENSED TO CUSTOMER “AS IS,” OTHER THAN AS MAY BE PROVIDED IN ANY PASS-THROUGH WARRANTY. KNOWiNK HAS NO RESPONSIBILITY OR LIABILITY FOR THIRD PARTY HARDWARE, IF ANY, PROVIDED BY DISTRIBUTORS OR OTHER THIRD PARTIES TO CUSTOMER. If KNOWiNK sells, licenses, or sublicenses any Third Party Hardware to Customer, KNOWiNK will pass through to Customer, on a nonexclusive basis and without recourse to KNOWiNK, any third-party manufacturer’s warranties covering the equipment or software, but only to the extent, if any, permitted by the third-party manufacturer. Third Party Hardware within this Agreement includes the Apple iPad with a one (1) year warranty offered by Apple, Inc., and the Star Micronics Bluetooth Receipt Printers with a three (3) year warranty offered by United Radio Inc., d/b/a BlueStar. Any extended warranty of the third party hardware shall be at the discretion of the third party hardware provider, as applicable. (3) Customer is solely responsible for any defects arising out hardware or software purchased from an outside source. KNOWiNK will not be liable for such products. (4) Any tampering, misuse or negligence in handling or use of actions taken by products provided hereunder renders the warranty void. Further, the warranty is void if, at any time, Customer or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively third party attempts to the repayment make any internal changes to any of the purchase price components of the defective PET Productsproducts provided hereunder; if at any time the power supplied to any part of the product exceeds the rated tolerance; if any external device attached by Customer creates conditions exceeding the tolerance of the product; or if any time the serial number plate is removed or defaced. Supplier will make no other warranties with respect to the PET Products. OTHER THAN OPERATION OF THE ABOVE WARRANTYEQUIPMENT THAT RENDERS THIS WARRANTY VOID WILL BE DEFINED TO INCLUDE ALL OF THE POSSIBILITIES DESCRIBED IN THIS PARAGRAPH, SUPPLIER MAKES NO WARRANTY, WHETHER TOGETHER WITH ANY PRACTICE WHICH RESULTS IN CONDITIONS EXCEEDING THE DESIGN TOLERANCE OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL PRODUCT. (5) IN NO EVENT SHALL KNOWiNK BE LIABLE FOR PUNITIVEANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER’S REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING SERVICES, CONSEQUENTIAL UNITS OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesPARTS. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier ARIS represents and warrants that all PET Products sold to Purchaser the Services provided hereunder will be performed in a manner consistent with the standards and the general customs and practices of the computer services industry. Although ARIS warrants that its Services are year 2000 compliant, ARIS makes no representation or warranty that any services, software or products of third parties, including Customer legacy systems and/or data, are or will be year 2000 compliant. Customer must report any deficiencies in the Services within thirty (i30) days of the later of the completion of the Services or the date that such deficiencies were reasonably discoverable by Customer, in no event, however exceeding 180 days from the date of completion of such Services. Customer's sole remedy for the breach of any warranty by ARIS under this Agreement shall be free from defects in workmanship and materialsthe re-performance of the Services. If ARIS is unable to re-perform the Services as warranted, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, Customer shall be limited exclusively entitled to recover the repayment of fees paid to ARIS for the purchase price of the defective PET Productsdeficient Services. Supplier will make no other warranties with respect to the PET ProductsTHE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE ARIS' EXCLUSIVE WARRANTIES. OTHER THAN ARIS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAWFOR A PARTICULAR PURPOSE, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE ANY WARRANTY OR OF NON-INFRINGEMENT WITH RESPECT TO THE PET PRODUCTSINTELLECTUAL PROPERTY. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT ARIS WILL NOT BE LIABLE IN ANY EVENT, IN CONTRACT OR TORT, FOR PUNITIVEANY CONSEQUENTIAL SPECIAL INCIDENTAL, CONSEQUENTIAL OR INCIDENTAL DAMAGESINDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. Notwithstanding the foregoingIN ANY EVENT, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesARIS' MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO 1.5 TIMES THE AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products sold 8.1 Globalgig agrees to Purchaser (i) shall be free from defects pass through to Customer the manufacturer warranty provided to Globalgig by its third-party hardware vendors in workmanship connection with hardware provided and materials, except for any defects arising out of actions taken installed by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively Globalgig to deliver Services to the repayment extent permitted by the terms and conditions of the purchase price of the defective PET Productssuch warranty and this Section 8. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES THERE ARE NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISEWARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THE MANUFACTURER’S WARRANTY PASSED THROUGH TO CUSTOMER. THERE IS NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THE MANUFACUTERE’S WARRANTY IS IN FACT LIEU OF ALL OTHER OBLIGATIONS OR BY LAWLIABILITIES ON THE PART OF GLOBALGIG. Any action for breach of warranty, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSincluding but not limited to any implied warranty of merchantability, must be brought within the three (3) months following the end of the warranty period. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT CASE SHALL GLOBALGIG BE LIABLE TO ANYONE FOR PUNITIVE, ANY CONSEQUENTIAL OR INCIDENTAL DAMAGESDAMAGES FOR BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY THE GLOBALGIG’S OWN NEGLIGENCE OR FAULT. 8.2 Globalgig shall have no obligation and no warranty will apply to any hardware, or any part thereof, which has been repaired by others, improperly installed, improperly used, abused, altered, damaged, subjected to accident, nuisance, flood, fire, acts of God, or on which any serial numbers have been altered, defaced or removed. Notwithstanding Globalgig will not be responsible for any dismantling, reassembly or reinstallation charges. 8.3 In case of defect and in order to exercise the foregoingwarranty, Supplier the hardware must be returned to Globalgig, shipping costs prepaid and insured to Globalgig. Globalgig will, in accordance with the applicable warranty, repair or replace any hardware under a warranty without charge to Customer. After repair or replacement, Globalgig assumes the cost of returning the hardware under warranty. 8.4 The manufacturer’s warranty contains the entire warranty. It is the sole warranty and any prior agreements or representations, whether oral or written, are expressly cancelled. Globalgig neither assumes, nor authorizes any other person purporting to act on its behalf to modify, to change, or to assume for it, any other warranty or liability concerning the hardware. 8.5 In no event shall indemnify Purchaser Globalgig be liable for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplieran amount in excess of Globalgig’s breach original selling price of the above hardware, for any loss or damage, whether direct, indirect, incidental, consequential, or otherwise arising out of any failure of the hardware. The warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisionsas hereinabove set forth, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable forenlarged, diminished or affected by and no obligation or liability shall arise or grow out of Globalgig’s rendering of technical advice or service in connection with Customer’s order of the goods furnished hereunder. 8.6 GLOBALGIG RECOMMENDS THAT THE ENTIRE SYSTEM BE COMPLETELY TESTED WEEKLY. 8.7 Warning: Despite frequent testing, and Purchaser assumes responsibility fordue to, but not limited to, any or all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered following: criminal tampering, electrical or communications disruption, it is possible for the Service to fail to perform as expected. Globalgig does not represent that the applicable Constar Customer, whether Service may not be compromised or circumvented; or that the same is used alone or in combination with other substances, except to the extent Service will prevent any such personal injury or property loss by burglary, robbery, fire or otherwise; nor that the Service will in all cases provide adequate warning or protection. A properly installed and maintained alarm may only reduce risk of burglary, robbery, fire or otherwise but it is not insurance or a guarantee that these events will not occur. CONSEQUENTLY, GLOBALGIG SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER LOSS BASED ON A CLAIM THE SERVICE FAILED TO GIVE WARNING. Therefore, Customer shall take any and all precautions necessary for safety including, but not limited to, fleeing the premises and calling police or fire department, in order to mitigate the possibilities of harm and/or damage. 8.8 Globalgig is not an insurer of either the property or safety of anyone and limits its liability for any loss or damage results including incidental or consequential damages to Globalgig’s original selling price of the hardware regardless of the cause of such loss or damage. 8.9 Some states do not allow limitations on how long an implied warranty lasts or do not allow the exclusion or limitation of incidental or consequential damages or differentiate in their treatment of limitations of liability for ordinary or gross negligence, so the above limitations or exclusions may not apply to Customer. The warranty gives Customer specific legal rights and Customer may also have other rights which vary from the willful misconduct of Supplierstate to state.

Warranty; Limitation of Liability. 13.1 GEMSTONE warrants that Software Products will perform substantially in accordance with published specifications for a period of 30 days after the date the Software Products have been shipped to Licensee (hereinafter "Warranty Period"). This warranty applies only to the initial delivery of Software Products under this Agreement. This warranty shall not apply to (a) Supplier warrants that all PET updates to or additional copies of the Software Products, (b) expansion of the number of users, or (c) subsequent offerings of the Software Products sold unless GEMSTONE designates a subsequent offering as a new product subject to Purchaser (i) this warranty. 13.2 During the Warranty Period, GEMSTONE shall be free from attempt, without charge, to diagnose, verify and correct errors or defects in workmanship the Software Products that are identified in writing by notice to GEMSTONE, and materialsany corrections for errors or defects may, except for any defects arising out at GEMSTONE's election, be corrected by the delivery of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively modifications to the repayment of Software Products or Instructions on how to avoid the purchase price of the defective PET Products. Supplier will make no other warranties error or defect. 13.3 GEMSTONE's warranty and software maintenance obligations shall not apply with respect to problems caused by modifications to the PET Products. Software Products made by Licensee. 13.4 GEMSTONE's liability to the Licensee for all damages, costs, claims, or demands incurred or suffered by or awarded against Licensee arising directly or indirectly out of the performance or any breach of this license shall in no event exceed the total amount paid to GEMSTONE under the License. 13.5 THIS WARRANTY IS IN LIEU OF ALL OTHER THAN THE ABOVE WARRANTYWARRANTIES AND CONDITIONS, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS EXPRESSED OR IMPLIED, INCLUDED BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GEMSTONE SHALL NOT BE RESPONSIBLE TO LICENSEE OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN FACT CONTRACT OR BY LAWTORT, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION DUE TO ANY FORESEEN OR LIABILITY UNFORESEEN CAUSE FROM LICENSEE'S OR ANY THIRD PARTY'S USE OR THE PERFORMANCE OF THE SOFTWARE PRODUCTS UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesTHIS AGREEMENT. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. Monotype warrants to you that the Licensed Web Fonts will perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (a“CSS”) Supplier warrants that all PET Products sold specification set forth on the xxxx://xxx.X0.xxx website as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). The Licensed Web Fonts are “productized” for web performance as of the date of this agreement and no representation is made to Purchaser further productize the fonts. To make a warranty claim, you must, within the twenty-one (i21) day warranty period, contact Monotype with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Monotype to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability and remedy shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at that Monotype will use commercially reasonable effects to cause the direction of Purchaser or materials Licensed Web Font(s) provided by or on behalf of Purchaser and (ii) shall comply herein to conform with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Productswithin twenty-one (21) days or as soon thereafter as commercially reasonable. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET ProductsMONOTYPE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). Supplier will make no other warranties with respect to the PET ProductsTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE’S BREACH OF WARRANTY. OTHER THAN EXCEPT FOR THE ABOVE FOREGOING LIMITED WARRANTY, SUPPLIER MONOTYPE MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS REPRESENTATIONS OR OTHERWISEWARRANTIES, EXPRESS OR IMPLIED, IN FACT AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSFITNESS FOR ANY PARTICULAR PURPOSE. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR PUNITIVEANY CONSEQUENTIAL, CONSEQUENTIAL INCIDENTAL OR INCIDENTAL SPECIAL DAMAGES. Notwithstanding , INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Some states or jurisdictions do not allow the foregoingexclusions of limitations of incidental, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of consequential or special damages, so the above warranty; providedexclusion may not apply to you. Also, that such line hour charges shall be no greater than some states or jurisdictions do not allow the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer exclusions of such shortage. (c) Subject to implied warranties or limitations on how long an implied warranty may last, so the above provisionslimitations may not apply to you. To the greatest extent permitted by law, Purchaser shall any implied warranties not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products effectively excluded by this Agreement are delivered limited to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.twenty-one

Warranty; Limitation of Liability. (a) Supplier A. OC warrants that all PET Products sold the Parts when delivered to Purchaser (i) Buyer shall conform to OC specifications and shall be free from defects and clear of all liens and encumbrances. Any services rendered in workmanship connection with the alloying of metals or the fabrication of Parts shall be performed in a workmanlike manner. OC further warrants that it shall have complied with all applicable laws, regulations, ordinances and materialscodes and OC shall have obtained those permits, except licenses, approvals and certificates, reasonably necessary for any defects arising out the manufacture, packaging, storage and handling the Parts and the provision of actions taken by or such other services hereunder at OC’s manufacturing facilities. B. EXCEPT AS PROVIDED IN PARAGRAPH 11(A) HEREIN, OC MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES DELIVERED HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, EVEN IF DISCLOSED TO OC, AND OC HEREBY DISCLAIMS ANY SUCH OTHER REPRESENTATION OR WARRANTY. C. OC’s sole liability with respect to the direction of Purchaser or materials services provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability OC under this Alloy Services Agreement, and whether based upon breach of warranty, whether in negligence, strict liability, tort, breach of contract or tortany other theory, shall be limited exclusively to and shall in no event in the repayment aggregate exceed the fees charged hereunder for the services sold hereunder. OC shall have no liability to any person other than Buyer by virtue of the sale of the services hereunder and the other matters contemplated by this Alloy Services Agreement. D. Buyer’s sole and exclusive remedy and the limit of OC’s liability for breach of the warranty set forth in paragraph 11(A), whether based upon breach of warranty, negligence, strict liability, tort, breach of contract or any other theory, shall be, at OC’s option, (a) replacement of the non-conforming Parts, without charge, F.O.B. Buyer’s manufacturing facility; or (b) refund of the purchase price paid in respect of such non-conforming Parts, plus commercially reasonably charges in connection with the return or disposition of the defective PET Productsnon-conforming Parts. Supplier will If OC elects to replace the non-conforming Parts, it shall do so at no cost to Buyer within seven days unless the parties agree otherwise. To effect this sole and exclusive remedy, Buyer must make no other warranties with respect to its claim for breach of warranty within 12 months of the PET Productsdate of shipment of the Parts, and any such claim not then made shall be irrevocably waived. E. THE FOREGOING IS THE ENTIRE OBLIGATION OF OC PURSUANT TO THIS AGREEMENT. OTHER THAN THE ABOVE OC SHALL NOT BE LIABLE PURSUANT TO THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PENAL DAMAGES TO ANY PERSON, WHETHER BASED UPON BREACH OF WARRANTY, SUPPLIER MAKES NO WARRANTYNEGLIGENCE, WHETHER STRICT LIABILITY, TORT, BREACH OF MERCHANTABILITYCONTRACT OR ANY OTHER THEORY, FITNESS OR OTHERWISEFOR FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS ALLOY SERVICES AGREEMENT. ADDITIONAL, EXPRESS CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR IMPLIED, IN FACT PENAL DAMAGES SHALL NOT BE RECOVERABLE EVEN IF THE REPLACEMENT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION REFUND REMEDY FOR OC’S BREACH OF ITS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesANY OTHER REASON. (b) Purchaser agrees F. No statement or recommendation made or assistance given by OC, or its representatives, either oral or in any literature or other documentation, to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisionsBuyer, Purchaser shall not bring its customers or any other action arising hereunder unless persons in connection with the services provided hereunder, shall constitute a waiver by OC of any provision hereof or affect OC’s liability as herein defined; and no such action statement, recommendation or assistance that is brought within one year after not expressly required by the date such cause provisions of action accruesthis Alloy Services Agreement shall subject OC to any liability of any nature whatsoever. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. Seller warrants title to each individual product sold under the Contract and further warrants for a period of five (a5) Supplier warrants years after shipment, but only to the extent and limit of the purchase price paid for such individual product, that all PET Products sold such product conforms to Purchaser (i) shall be the specifications set forth in the Contract and is free from defects in material and workmanship under normal service and materialsuse for which it was designed. Seller’s sole obligation and Purchaser’s exclusive remedy under this warranty shall be limited to one of the following, except as selected by Seller: delivering to Purchaser a replacement for any defects arising out product part thereof determined by Seller to be defective; repairing such product or part; or refunding the purchase price (or an equitable portion thereof) paid for such product or part by Purchaser. SELLER MAKES NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY, AND NO OTHER WARRANTY, WHETHER EXRESS OR ARISING BY OPERATIONS OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH SELLER’S PRODUCTSOR ANY SALE OR USE THEREOF. Purchaser must notify Seller within 30 calendar days of actions taken by or at discovery and within the direction warranty period of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability claim under this warranty, whether in contract or tort, shall be limited exclusively . Seller’s warranty extends only to the repayment first purchaser of a product from Seller or Seller’s authorized distributor. All goods not manufactured by Seller are warranted only to the extent of the purchase price warranties of the defective PET Productsoriginal manufacturer. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTYSeller disclaims, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable responsible for, any liability arising from tort, including strict liability, and Purchaser assumes responsibility Seller further disclaims, and shall not be responsible for, all personal injury and property damage resulting from the handling, possession, use any liability (whether arising under this or resale any other provision of the PET Products produced hereunder after Contract or otherwise) for any costs (including costs of removal and replacement), liabilities, lost profits, loss of good will or any other general, direct, special incidental or consequential damages incurred by Purchaser in connection with Contract or any product purchased thereunder, in all cases irrespective of whether Seller was advised of the possibility of such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplierliability.

Warranty; Limitation of Liability. (a) Supplier EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9, ENGIE SERVICES U.S. MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIED IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. HOWEVER, THE POTENTIAL LACK OF A CONTRACTUAL WARRANTY DOES NOT PROHIBIT THE DISTRICT FROM EXERCISING ANY AND ALL OF ITS RIGHTS UNDER LAW, ESPECIALLY RELATED TO PATENT AND LATENT DEFICIENCIES. NEITHER ENGIE SERVICES U.S., NOR ENGIE SERVICES U.S.’s SUBCONTRACTORS OR VENDORS, WILL BE LIABLE TO Pleasant Valley SD FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. Section 9.01 ENGIE Services U.S. warrants to Pleasant Valley SD that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or permitted by this Contract. ENGIE Services U.S. further warrants that all PET Products sold to Purchaser (i) shall its workmanship provided hereunder, including its subcontractors’ workmanship, will be free of material defects for a period of one (1) year from defects in workmanship and materialsthe date of Substantial Completion as indicated on the executed Certificate of Substantial Completion, except for any defects arising out or the date of actions taken by or at Beneficial Use as indicated on the direction executed Certificate of Purchaser or materials provided by or on behalf of Purchaser and Beneficial Use (ii) shall comply with “ENGIE Services U.S. Warranty”). Notwithstanding the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warrantypreceding sentence, whether in contract or tort, shall be limited exclusively to the repayment of date the purchase price of the defective PET Products. Supplier will make no other warranties ENGIE Services U.S. Warranty commences with respect to a specific piece or pieces of equipment may be further defined in Attachment C. Section 9.02 Equipment and material warranties that exceed the PET ProductsENGIE Services U.S. Warranty period will be provided directly by the equipment and/or material manufacturers and such warranties will be assigned directly to Pleasant Valley SD, after the one (1) year period. OTHER THAN THE ABOVE WARRANTYDuring the ENGIE Services U.S. Warranty period, SUPPLIER MAKES NO WARRANTYENGIE Services U.S. will be Pleasant Valley SD’s agent in working with the equipment and material manufacturers in resolving any equipment or material warranty issues, WHETHER OF MERCHANTABILITYprovided ENGIE Services U.S. shall keep Pleasant Valley SD reasonably informed of the communications and issues with the equipment and material manufacturers. If any material defects are discovered within the ENGIE Services U.S. Warranty period, FITNESS OR OTHERWISEENGIE Services U.S., EXPRESS OR IMPLIEDor ENGIE Services U.S.’s subcontractors, IN FACT OR BY LAWwill correct its defects, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSand/or ENGIE Services U.S. will work with the equipment or material manufacturer to facilitate the manufacturer’s correction of the equipment or material defect and all of ENGIE Services U.S.’s communications with the manufacturer shall include Pleasant Valley SD. SUBJECT TO THE FOLLOWING SENTENCESuch warranty services will be performed in a timely manner and at the reasonable convenience of Pleasant Valley SD. If a warranty issue arises on any equipment or material installed after the ENGIE Services U.S. Warranty period, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVEand the equipment or material has a warranty period that exceeds one (1) year, CONSEQUENTIAL OR INCIDENTAL DAMAGESPleasant Valley SD will contact the manufacturer directly to resolve such warranty issues. Notwithstanding . Upon Substantial Completion of the foregoingProject, Supplier shall indemnify Purchaser for reasonable ENGIE Services U.S. will provide Pleasant Valley SD with a worksheet detailing all equipment and customary line hour charges actually paid material warranties related to the Constar Customers Project, broken down by Purchaser that directly result from Supplier’s breach of the above warranty; providedlocation and including serial numbers for all equipment, that such line hour charges shall be no greater than the line hour charges paid by Purchaser in a format reasonably acceptable to other similar Constar Customers under similar circumstancesPleasant Valley SD. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier Seller warrants only that all PET Products sold to Purchaser (i) the Goods shall be free from defects substantially in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply accordance with the historical Seller's specifications for Existing PET Products and with any agreed upon specifications for New PET Productsthe Goods. Supplier’s liability under this warrantyTHIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, whether in contract or tortEXPRESSED OR IMPLIED, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTYINCLUDING, SUPPLIER MAKES NO WARRANTYBUT NOT LIMITED TO, WHETHER ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, NON-INFRINGEMENT,AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSSELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGESSeller's warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach All claims in respect of the above warranty; provided, that such line hour charges shall Goods must be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted made in writing to Supplier Seller within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser 60 day period or be barred. This warranty shall not bring apply to any other action arising hereunder unless such action is brought within one year after the date such cause Goods which have been repaired or altered outside of action accrues. (d) Supplier Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be liable foraccepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and Purchaser Seller makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for, all personal injury and property damage resulting from for results in the handling, possession, use or resale handling of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar CustomerGoods, whether the same is used alone singly or in combination with other substancesproducts. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Seller's sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, except at Seller's option, repair or replacement of the Goods shown to the extent any such personal be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or property damage results from the willful misconduct of Supplierother causes.

Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products sold to Purchaser (i) Warranties for the products shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and as follows: (ii1) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Productsdesign, workmanship and materials of the products, GHX extends to Purchaser, and does hereby assign to Purchaser, the same warranty or warranties regarding design, workmanship and materials relating to the products as the manufacturer or supplier of the products extends to GHX, which shall be the sole warranty or warranties extended to Purchaser with regard to the products, and (2) with respect to any fabrication work relating to the products performed by GHX, GHX warrants its workmanship for a period of one (1) year from the shipment date. With respect to services supplied to Purchaser, GHX warrants it will perform all services in a workmanlike manner in accordance with (i) any specifications set forth on any applicable service order; (ii) any Purchaser site requirements communicated to GHX; and (iii) generally accepted industry practices applicable to the services; and (iv) these Terms and Conditions. If GHX breaches this warranty with respect to the services, upon notice from Purchaser delivered not less than 60 days after such services have been provided, GHX will promptly repair, replace or re-supply the services in question (including shipping and labor costs, but not including removal or reinstallation costs) at no cost to Purchaser. THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED WARRANTIES ARISING BY OPERATION OF MERCHANTABILITY, FITNESS LAW OR OTHERWISE, EXPRESS INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSFITNESS FOR A PARTICULAR PURPOSE. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT WILL GHX BE LIABLE FOR PUNITIVE, INCIDENTAL OR CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding THE TOTAL LIABILITY OF GHX FOR ANY DAMAGES HEREUNDER SHALL BE LIMITED TO THE AMOUNT PAID BY PURCHASER FOR THE PRODUCTS AND/OR SERVICES PURCHASED HEREBY. Written notice of any claimed defect must be given to GHX within thirty (30) days after such defect is or should have been discovered. Products claimed to be defective must be held for GHX’s shipping instructions. No claim for products alleged to be defective will be allowed until GHX has had a reasonable opportunity to examine the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid products. GHX’s obligation with respect to defective products is expressly limited to the Constar Customers by Purchaser that directly result from Supplier’s breach of the repair or replacement of, or at its option, allowing credit for any such products, all as herein above warrantyprovided. This warranty does not extend to (a) any losses due to misuse, accident, abuse, neglect, normal wear and tear, or improper installation, maintenance or application; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages products that have been repaired or altered outside of GHX’s facility, unless authorized in the PET Products ordered and received hereunder writing by GHX or unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. installation, repair or alteration is performed by GHX; or (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale labor charges for removal and/or replacement of the PET Products produced hereunder after such PET Products are delivered non-conforming or defective product or part thereof. This warranty extends to the applicable Constar Customer, whether the same is used alone Purchaser only and not to Purchaser’s customers or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct users of SupplierPurchaser’s products.

Warranty; Limitation of Liability. Monotype warrants to you that the Licensed Web Fonts will perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (a“CSS”) Supplier warrants that all PET Products sold specification set forth on the xxxx://xxx.X0.xxx website as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). The Licensed Web Fonts are “productized” for web performance as of the date of this agreement and no representation is made to Purchaser further productize the fonts. To make a warranty claim, you must, within the twenty-one (i21) day warranty period, contact Monotype with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Monotype to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability and remedy shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at that Monotype will use commercially reasonable effects to cause the direction of Purchaser or materials Licensed Web Font(s) provided by or on behalf of Purchaser and (ii) shall comply herein to conform with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Productswithin twenty-one (21) days or as soon thereafter as commercially reasonable. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET ProductsMONOTYPE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). Supplier will make no other warranties with respect to the PET ProductsTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE’S BREACH OF WARRANTY. OTHER THAN EXCEPT FOR THE ABOVE FOREGOING LIMITED WARRANTY, SUPPLIER MONOTYPE MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS REPRESENTATIONS OR OTHERWISEWARRANTIES, EXPRESS OR IMPLIED, IN FACT AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSFITNESS FOR ANY PARTICULAR PURPOSE. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR PUNITIVEANY CONSEQUENTIAL, CONSEQUENTIAL INCIDENTAL OR INCIDENTAL SPECIAL DAMAGES. Notwithstanding , INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Some states or jurisdictions do not allow the foregoingexclusions of limitations of incidental, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of consequential or special damages, so the above warranty; providedexclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to twentyone (21) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Monotype’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars ($100,000) United States dollars, provided that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer jurisdictions permit a limitation of such shortageliability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Licensed Web Font(s) are non-returnable and nonrefundable. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier ‌ EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9, OPTERRA ENERGY SERVICES MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIED IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. CONFIRE WILL HAVE NO REMEDIES AGAINST EITHER OPTERRA ENERGY SERVICES OR ANY OPTERRA ENERGY SERVICES SUBCONTRACTOR OR VENDOR FOR ANY DEFECTIVE MATERIALS OR EQUIPMENT INSTALLED, EXCEPT FOR THE REPAIR OR REPLACEMENT OF SUCH MATERIALS OR EQUIPMENT IN ACCORDANCE WITH THE WARRANTIES INDICATED BELOW AND WARRANTIES PROVIDED BY EQUIPMENT MANUFACTURERS. SPECIFICALLY, NEITHER OPTERRA ENERGY SERVICES, NOR OPTERRA ENERGY SERVICES’ SUBCONTRACTORS OR VENDORS, WILL BE LIABLE TO CONFIRE FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.‌ Section 9.01 OpTerra Energy Services warrants to ConFire that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or permitted by this Contract. OpTerra Energy Services further warrants that all PET Products sold to Purchaser (i) shall its workmanship provided hereunder, including its subcontractors’ workmanship, will be free of material defects for a period of one (1) year from defects in workmanship and materialsthe date of Substantial Completion as indicated on the executed Certificate of Substantial Completion, except for any defects arising out or the date of actions taken by or at Beneficial Use as indicated on the direction executed Certificate of Purchaser or materials provided by or on behalf of Purchaser and Beneficial Use (ii) shall comply with “OpTerra Energy Services Warranty”). Notwithstanding the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warrantypreceding sentence, whether in contract or tort, shall be limited exclusively to the repayment of date the purchase price of the defective PET Products. Supplier will make no other warranties OpTerra Energy Services Warranty commences with respect to a specific piece or pieces of equipment may be further defined in Attachment C. Section 9.02 Equipment and material warranties that exceed the PET ProductsOpTerra Energy Services Warranty period will be provided directly by the equipment and/or material manufacturers and such warranties will be assigned by OpTerra Energy Services directly to ConFire, after the one (1) year period. OTHER THAN THE ABOVE WARRANTYDuring the OpTerra Energy Services Warranty period, SUPPLIER MAKES NO WARRANTYOpTerra Energy Services will act as ConFire’s agent in working with the equipment and material manufacturers in resolving any equipment or material warranty issues. If any material defects are discovered within the OpTerra Energy Services Warranty period, WHETHER OF MERCHANTABILITYOpTerra Energy Services, FITNESS OR OTHERWISEor OpTerra Energy Services’ subcontractors, EXPRESS OR IMPLIEDwill correct its defects, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding and/or OpTerra Energy Services will work with the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid equipment or material manufacturer as ConFire’s agent to facilitate the Constar Customers by Purchaser that directly result from Suppliermanufacturer’s breach correction of the above warranty; provided, that such line hour charges shall equipment or material defect. Such warranty services will be no greater than performed in a timely manner and at the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer reasonable convenience of such shortage. (c) Subject to the above provisions, Purchaser shall not bring ConFire. If a warranty issue arises on any other action arising hereunder unless such action is brought within one year equipment or material installed after the date such cause of action accrues. (d) Supplier shall not be liable forOpTerra Energy Services Warranty period, and Purchaser assumes the equipment or material has a warranty period that exceeds one (1) year, ConFire will contact the manufacturer directly to resolve such warranty issues and ConFire acknowledges that the manufacturer will have sole responsibility forfor such issues.‌ Section 9.03 The warranties in this ARTICLE 9 expressly exclude any remedy for damage or defect caused by improper or inadequate maintenance of the installed equipment by service providers other than OpTerra Energy Services or its subcontractors, all personal injury and property damage resulting from the handlingcorrosion, possessionerosion, deterioration, abuse, modifications or repairs not performed by an authorized OpTerra Energy Services subcontractor, improper use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customeroperation, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Suppliernormal wear and tear under normal usage.

Warranty; Limitation of Liability. Seller warrants title to each individual product sold under this Contract and further warrants for a period of one (a1) Supplier warrants year after shipment, but only to the extent and limit of the purchase price paid for such individual product, that all PET Products sold such product conforms to Purchaser (i) shall be the specifications set forth in the Contract and is free from defects in material and workmanship under normal service and materialsuse for which it was designed. Seller's sole obligation and Purchaser's exclusive remedy under this warranty shall be limited to one of the following, except as selected by Seller: delivering to Purchaser a replacement for any defects arising out product or part thereof determined by Seller to be defective; repairing such product or part: or refunding the purchase price (or an equitable portion thereof) paid for such product or part by Purchaser. SELLER MAKES NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY AND NO OTHER WARRANTY WHETHER EXPRESS OR ARISING BY OPERATION OF LAW COURSE OF DEALING USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTIOIN WITH SELLER'S PRODUCTS OR ANY SALE OR USE THEREOF. Purchaser must notify Seller promptly and within the warranty period of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability claim under this warranty, whether in contract or tort, shall be limited exclusively . Seller's warranty extends only to the repayment first purchaser of the purchase price of the defective PET Productsa product from Seller or Seller's authorized distributor. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers All goods not manufactured by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims Seller are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except warranted only to the extent of the warranties of the original manufacturer. Seller disclaims any such personal injury liability arising from tort, including strict liability, and Seller further disclaims any liability (whether arising under this or property damage results from the willful misconduct any other provision of Supplierthis Contract or otherwise) for any costs (including costs of removal and replacement), liabilities, lost profits, loss of good will or any other general, direct, special, incidental or consequential damages incurred by Purchaser in connection with this Contract or any product purchased thereunder.

Warranty; Limitation of Liability. (a) Supplier ‌ EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9, ENGIE SERVICES U.S. MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIED IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. HOWEVER, THE POTENTIAL LACK OF A CONTRACTUAL WARRANTY DOES NOT PRECLUDE DUBLIN USD FROM EXERCISING ANY AND ALL OF ITS RIGHTS UNDER LAW, ESPECIALLY AS TO PATENT AND LATENT DEFICIENCIES. NEITHER ENGIE SERVICES U.S., NOR ENGIE SERVICES U.S.’s SUBCONTRACTORS OR VENDORS, WILL BE LIABLE TO DUBLIN USD FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. Section 9.01 ENGIE Services U.S. warrants to Dublin USD that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or permitted by this Contract. ENGIE Services U.S. further warrants that all PET Products sold to Purchaser (i) shall its workmanship provided hereunder, including its subcontractors’ workmanship, will be free of material defects for a period of one (1) year from defects in workmanship and materialsthe date of Substantial Completion as indicated on the executed Certificate of Substantial Completion, except for any defects arising out or the date of actions taken by or at Beneficial Use as indicated on the direction executed Certificate of Purchaser or materials provided by or on behalf of Purchaser and Beneficial Use (ii) shall comply with “ENGIE Services U.S. Warranty”). Notwithstanding the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warrantypreceding sentence, whether in contract or tort, shall be limited exclusively to the repayment of date the purchase price of the defective PET Products. Supplier will make no other warranties ENGIE Services‌ U.S. Warranty commences with respect to a specific piece or pieces of equipment may be further defined in Attachment C. Section 9.02 Equipment and material warranties that exceed the PET ProductsENGIE Services U.S. Warranty period will be provided directly by the equipment and/or material manufacturers and such warranties will be assigned directly to Dublin USD, after the one (1) year period. OTHER THAN THE ABOVE WARRANTYDuring the ENGIE Services U.S. Warranty period, SUPPLIER MAKES NO WARRANTYENGIE Services U.S. will be Dublin USD’s agent in working with the equipment and material manufacturers in resolving any equipment or material warranty issues. If any material defects are discovered within the ENGIE Services U.S. Warranty period, WHETHER OF MERCHANTABILITYENGIE Services U.S., FITNESS OR OTHERWISEor ENGIE Services U.S.’s subcontractors, EXPRESS OR IMPLIEDwill correct its defects, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding and/or ENGIE Services U.S. will work with the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid equipment or material manufacturer as Dublin USD’s agent to facilitate the Constar Customers by Purchaser that directly result from Suppliermanufacturer’s breach correction of the above warranty; provided, that such line hour charges shall equipment or material defect. Such warranty services will be no greater than performed in a timely manner and at the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer reasonable convenience of such shortage. (c) Subject to the above provisions, Purchaser shall not bring Dublin USD. If a warranty issue arises on any other action arising hereunder unless such action is brought within one year equipment or material installed after the date such cause of action accrues. (d) Supplier shall not be liable forENGIE Services U.S. Warranty period, and Purchaser assumes the equipment or material has a warranty period that exceeds one (1) year, Dublin USD will contact the manufacturer directly to resolve such warranty issues and Dublin USD acknowledges that the manufacturer will have sole responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after for such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.issues.‌

Warranty; Limitation of Liability. (a) Supplier MyFonts warrants to you that all PET Products sold to Purchaser (i) shall be free from defects the Licensed Web Fonts will perform substantially in workmanship and materials, except accordance with W3C specifications for any defects arising out the use of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply fonts in conjunction with the historical ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact MyFonts with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable MyFonts to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for Existing PET Products the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date you agree to be bound by this Agreement, the entire, exclusive, and with any agreed upon specifications for New PET Products. Supplier’s cumulative liability under this warranty, whether in contract or tort, and remedy shall be limited exclusively to the repayment refund of the purchase price license fee you paid to MyFonts to obtain delivery of the defective PET ProductsLicensed Web Font(s). Supplier will make no other warranties with respect to the PET ProductsMYFONTS DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). OTHER THAN THE ABOVE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MYFONTS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, SUPPLIER MYFONTS MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS REPRESENTATIONS OR OTHERWISEWARRANTIES, EXPRESS OR IMPLIED, IN FACT AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSFITNESS FOR ANY PARTICULAR PURPOSE. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT WILL MYFONTS BE LIABLE TO YOU OR ANYONE ELSE (I) FOR PUNITIVEANY CONSEQUENTIAL, CONSEQUENTIAL INCIDENTAL OR INCIDENTAL SPECIAL DAMAGES. Notwithstanding , INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MYFONTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Some states or jurisdictions do not allow the foregoingexclusions of limitations of incidental, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of consequential or special damages, so the above warranty; providedexclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to twenty-one (21) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that MyFonts liability for such physical injury or death shall not exceed One Hundred Thousand Dollars ($100,000) United States dollars, provided that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer jurisdictions permit a limitation of such shortageliability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Licensed Web Font(s) are non-returnable and nonrefundable. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a1) Supplier warrants that Precondition for any warranty claim of the purchaser is the purchaser’s full compliance with all PET Products sold to Purchaser legal requirements regarding inspection and objection. (i2) Warranty claims shall be free time-barred after 12 months of the passage of risk. (3) In case of non-conformity of the goods the Purchaser is entitled to alternative performance in the form of subsequent improvement or delivery of conforming goods. If such alternative performance has failed, the purchaser is entitled to reduce the purchase price or to withdraw from defects the contract. (4) In case of intent or gross negligence on our part or by our agents or assistants in workmanship performance we are liable according to the provisions of applicable law; the same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is unintentionally our liability for damages shall be limited to the typically predictable damage. (5) In case the goods are regarded approved and materialsaccepted according to § 6 (4), except for any defects Purchaser will indemnify, defend and hold us harmless from and against all losses, damages, costs and expenses arising out of actions taken or related to any third-party claims concerning any alleged non-conformity of goods delivered by us and disposed or at the direction of Purchaser or materials provided processed by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesPurchaser. (b6) Purchaser agrees Our liability for culpable damage to waive all claims for shortages in life, body or health as well as our liability under the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortageProduct Liability Act shall remain unaffected. (c7) Subject to Any liability not expressly provided for above shall be disclaimed. (1) Our purchase price claims are net cash amounts and payable free of any deduction upon receipt of the above provisions, Purchaser invoice unless other payment terms shall have been agreed. (2) We shall accept promissory notes and checks only upon specific arrangement and only in lieu of payment. Any fees for discount bills or promissory notes shall be at the expense of the purchaser and immediately payable. (3) If the invoice amount shall not bring any other action arising hereunder unless such action is brought have been settled within one year 10 calendar days after the date such cause of action accruesinvoice or as at another due date, then we shall without the need to a separate warning notice have the right to recover default interest in a proven amount but in any event an amount equaling 8% above the base rate of the European Central Bank. (d4) Supplier If the Purchaser's business shall not be liable foroperated beyond the ordinary course of business which shall include, and Purchaser assumes responsibility forwithout limitation, acts of seizure or a situation where a protest in relation to promissory notes or checks has been made, payments shall be delayed or even discontinued or judicial or out of court settlement or insolvency proceedings shall have been petitioned or opened or proceedings in accordance with the German Insolvency Act shall have been petitioned, then we shall have the right to declare all personal injury and property damage resulting our claims arising from the handlingbusiness relationship as immediately due and payable, possessioneven if we shall have accepted promissory notes or checks. The same shall apply if the Purchaser shall be in payment default towards us or other incidents shall surface which give rise to doubts about its creditworthiness. Moreover, use we may in such event demand prepayments or resale of a security deposit or rescind the PET Products produced hereunder after such PET Products are delivered Agreement. (5) The Purchaser shall have no right to set off, retention or reduction unless the applicable Constar Customer, whether the same is used alone underlying counterclaims have been conclusively determined by a court or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplierexpressly acknowledged by us.

Warranty; Limitation of Liability. (a) Supplier warrants Minuteman’s standard warranty for the goods and services sold hereunder shall apply, provided that all PET Products sold items have been installed and used as recommended, and have not been subjected to Purchaser (i) shall misuse, alteration, accident, abuse, or unauthorized repair. Minuteman’s standard warranties, as may be free amended from defects in workmanship and materialstime to time, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or are set forth on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET ProductsMinuteman’s website. Supplier’s liability under this warrantySUCH WARRANTY SHALL BE EXCLUSIVE, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. AND SHALL BE IN LIEU OF ANY AND ALL OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISEWARRANTIES, EXPRESS OR IMPLIED, IN FACT ARISING BY LAW OR BY LAWCUSTOM, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSFITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT SHALL ANY LIABILITY OF MINUTEMAN HEREUNDER EXCEED THE AMOUNT PAID BY BUYER FOR THE GOODS AND SERVICES AND IN NO EVENT SHALL MINUTEMAN BE LIABLE FOR PUNITIVEANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGESOTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF THE SALE, INSTALLATION, OPERATION, AND/OR USE OF GOODS AND SERVICES OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES ARISING OUT OF CLAIMS FOR LOSS OF BUSINESS, GOODWILL, PROFITS, OR THIRD-PARTY ACTIONS, TORT CLAIMS, OR CLAIMS UNDER STATUTE, AND BUYER HEREBY WAIVES FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, AND ALL OTHER PERSONS CLAIMING BY OR THROUGH BUYER ANY SUCH CLAIMS AGAINST MINUTEMAN. Notwithstanding Xxxxx acknowledges and agrees that Xxxxx has independently determined the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach suitability of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims goods and services for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable forBuyer, and Purchaser Xxxxx assumes responsibility for, all personal injury risks and property damage liabilities resulting from the handling, possession, use or resale of the PET Products produced hereunder after goods and services, and shall use such PET Products are delivered in accordance with all laws, rules, and regulations, and Minuteman’s materials relating thereto. None of Minuteman’s agents, employees, or representatives have any authority to the applicable Constar Customerbind Minuteman to any affirmation, whether the same is used alone representation, or in combination with warranty other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplierthan those stated herein.

Warranty; Limitation of Liability. (a) Supplier Buyer must make any claims for short weight, count or measure in writing to Seller within three days of delivery. If Buyer does not assert such a claim within said three-day period, Buyer shall be irrevocably deemed to have waived any claim for short weight, count or measure. Seller shall be given the opportunity to verify weights, counts or measures for seven days after receipt of a timely notice from Buyer asserting short weight, count or measure. (b) Seller warrants that all PET Products sold Goods will meet the specifications or description in Seller's acceptance of order form. Buyer must notify Seller in writing of any claim alleging failure to Purchaser meet said warranty within three months of the date of delivery. If Buyer does not provide written notice of such a claim within said three-month period, Buyer shall be irrevocably deemed to have waived any claim that Goods fail to meet the specifications or description or are otherwise defective in any way (whether such claim is based in contract, negligence, strict or product liability, other tort or otherwise). If Buyer does provide written notice of such a claim within said three-month period, Seller's entire liability and Buyer's exclusive remedy with respect to such Goods will be, at Seller's option, for Seller either (i) shall be free from defects in workmanship and materialsto repair or replace the Goods at no additional cost to Buyer, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of refund the purchase price of for the defective PET Products. Supplier will make no other warranties with respect Goods to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGESBuyer. Notwithstanding the foregoing, Supplier if prior to delivery Buyer or some person authorized by Buyer has examined the Goods, Buyer shall indemnify Purchaser for reasonable and customary line hour charges actually paid not be entitled to the Constar Customers by Purchaser that directly result from Supplier’s breach make any claim in respect of the above warranty; provided, that defects which such line hour charges shall be no greater than the line hour charges paid by Purchaser examination ought to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortagehave revealed. (c) Subject to the above provisionsOTHER THAN THE WARRANTY SPECIFICALLY SET FORTH IN THE FIRST SENTENCE OF SECTION 7(b) ABOVE, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accruesSELLER MAKES NO, WARRANTY EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. (d) Supplier Seller shall have no liability under the Contract or otherwise to Buyer under any circumstance for incidental, special, consequential, exemplary or punitive damages, regardless of whether or not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use Seller knew or resale had reason to know of the PET Products produced hereunder after possibility of such PET Products are delivered damages in advance, including but not limited to the applicable Constar Customerloss of profits, whether the same is used alone revenues, or in combination with other substances, except to the extent any such economic loss; personal injury or property damage results from the willful misconduct damage; cost of Suppliercapital, downtime or business interruption; or claims made against Buyer or Buyer's customers by any third party.

Warranty; Limitation of Liability. (a) Supplier Melvastype warrants to you that all PET Products sold to Purchaser (i) shall be free from defects the Licensed Web Fonts will perform substantially in workmanship and materials, except accordance with W3C specifications for any defects arising out the use of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply fonts in conjunction with the historical ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Melvas- type with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Melvas- type to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for Existing PET Products the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date you agree to be bound by this Agreement, the entire, exclusive, and with any agreed upon specifications for New PET Products. Supplier’s cumulative liability under this warranty, whether in contract or tort, and remedy shall be limited exclusively to the repayment refund of the purchase price license fee you paid to Melvastype to obtain delivery of the defective PET ProductsLicensed Web Font(s). Supplier will make no other warranties with respect to the PET ProductsMELVASTYPE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). OTHER THAN THE ABOVE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR Melvastype’ BREACH OF WARRANTY. EX- CEPT FOR THE FOREGOING LIMITED WARRANTY, SUPPLIER Melvastype MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS REPRESENTATIONS OR OTHERWISEWARRANTIES, EXPRESS OR IMPLIED, IN FACT AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSFITNESS FOR ANY PARTICULAR PURPOSE. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT WILL Melvastype BE LIABLE TO YOU OR ANYONE ELSE (I) FOR PUNITIVEANY CONSEQUENTIAL, CONSEQUENTIAL INCIDENTAL OR INCIDENTAL SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF Melvastype HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding Some states or jurisdictions do not allow the foregoingexclusions of limitations of incidental, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of consequential or special damages, so the above warranty; providedexclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above lim- itations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to twenty-one (21) days. Some jurisdictions do not permit a limita- tion of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Melvastype liability for such physical injury or death shall not exceed One Hundred Thousand Dollars ($100,000) United States dollars, provided that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer jurisdictions permit a limitation of such shortageliability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Licensed Web Font(s) are non-returnable and nonrefundable. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier EXCEPT FOR THE WARRANTIES PROVIDED IN THIS Section 8.06, CHEVRON ENERGY SOLUTIONS MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIED IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. MANHATTAN BEACH USD WILL HAVE NO REMEDIES AGAINST EITHER CHEVRON ENERGY SOLUTIONS OR ANY CHEVRON ENERGY SOLUTIONS SUBCONTRACTOR OR VENDOR FOR ANY DEFECTIVE MATERIALS OR EQUIPMENT INSTALLED, EXCEPT FOR THE REPAIR OR REPLACEMENT OF SUCH MATERIALS OR EQUIPMENT IN ACCORDANCE WITH THE WARRANTIES INDICATED BELOW. SPECIFICALLY, NEITHER CHEVRON ENERGY SOLUTIONS, NOR CHEVRON ENERGY SOLUTIONS’ SUBCONTRACTORS OR VENDORS, WILL BE LIABLE TO MANHATTAN BEACH USD FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. Section 9.01 Chevron Energy Solutions warrants to Manhattan Beach USD that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or permitted by this Contract. Chevron Energy Solutions further warrants that all PET Products sold its workmanship provided hereunder, including its subcontractors’ workmanship, will be free of material defects for a period of one (1) year from the date of Substantial Completion as indicated on the executed Certificate of Substantial Completion, or the date of Beneficial Use as indicated on the executed Certificate of Beneficial Use (“Chevron Energy Solutions Warranty”). Notwithstanding the preceding sentence, the date the Chevron Energy Solutions Warranty commences with respect to Purchaser a specific piece or pieces of equipment may be further defined in Attachment F. Section 9.02 Pursuant to the requirements of the California Solar Initiative Program, for each Generating Facility, Chevron Energy Solutions further warrants to Manhattan Beach USD, for a period of one (1) year from the date of Substantial Completion as indicated on the executed Certificate of Substantial Completion, or the date of Beneficial Use as indicated on the executed Certificate of Beneficial Use for such Generating Facility, that any additional equipment and materials that are not part of the solar generating systems, as described below, including meters (other than meters that are integrated into any inverter, which are covered under the 10 Year Chevron Energy Solutions Warranty), shall be free from degradation in electrical output of more than fifteen percent (15%) from their originally rated electrical output as a result of faulty installation during such one (1) year warranty period. This Chevron Energy Solutions Warranty expressly excludes any remedy for corrosion, erosion, or damage directly or indirectly caused by parties other than Chevron Energy Solutions or its subcontractors, but does not exclude damage directly or indirectly caused by Chevron Energy Solutions or its subcontractors in performing any obligation under the Contract including without exception Maintenance Services. Section 9.03 Pursuant to the requirements of the California Solar Initiative Program, for each Generating Facility, Chevron Energy Solutions warrants to Manhattan Beach USD, for a period of ten (10) years from the Substantial Completion Date for such Generating Facility, (i) that such Generating Facility shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser hereunder; and (ii) that the equipment shall comply be free of defective system or component breakdown, or degradation in electrical output of more than fifteen percent (15%) from its originally rated electrical output as a result of faulty installation (the “10 Year Chevron Energy Solutions Warranty”). This 10 Year Chevron Energy Solutions Warranty covers solely the solar generating system, including PV modules (panels) and inverters (including meters that are integrated into any inverter) associated with the historical specifications solar generating systems for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable foreach Generating Facility, and Purchaser assumes responsibility for, all personal injury and property damage resulting from provides for the handling, possession, use no-cost repair or resale replacement of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except solar generating system components to the extent not otherwise covered by a manufacturer’s warranty. This warranty expressly excludes any remedy for corrosion, erosion, or damage directly or indirectly caused by parties other than Chevron Energy Solutions or its subcontractors, but does not exclude damage directly or indirectly caused by Chevron Energy Solutions or its subcontractors in performing any obligation under the Contract including without exception Maintenance Services. Section 9.04 Equipment and material warranties that exceed the Chevron Energy Solutions Warranty period will be provided directly by the equipment and/or material manufacturers and such personal injury warranties will be assigned directly to Manhattan Beach USD, after the one (1) year period. During the Chevron Energy Solutions Warranty period, Chevron Energy Solutions will be Manhattan Beach USD’s agent in working with the equipment and material manufacturers in resolving any equipment or property material warranty issues. Other than for lamps and ballasts, any material defects that are discovered within the Chevron Energy Solutions Warranty period, Chevron Energy Solutions, or Chevron Energy Solutions’ subcontractors, will correct its defects, and/or Chevron Energy Solutions will work with the equipment or material manufacturer as Manhattan Beach USD’s agent to facilitate the manufacturer’s correction of the equipment or material defect. For lamp and ballast failures during the Chevron Energy Solutions Warranty period that are within the statistical norm for lamp or ballast failures, Manhattan Beach USD will replace such failed lamps/ballasts with replacement stock provided by Chevron Energy Solutions, provided, however, that Manhattan Beach USD will return the failed lamps/ballasts to the manufacturer in order to ensure that sufficient quantities of replacement stock are available during the Chevron Energy Solutions Warranty period. Such warranty services will be performed in a timely manner and at the reasonable convenience of Manhattan Beach USD. If a warranty issue arises on any equipment or material installed after the Chevron Energy Solutions Warranty period, and the equipment or material has a warranty period that exceeds one (1) year, Manhattan Beach USD will contact the manufacturer directly to resolve such warranty issues and Manhattan Beach USD acknowledges that the manufacturer will have sole responsibility for such issues. Section 9.05 The warranties in this ARTICLE 9 expressly exclude any remedy for damage results or defect caused by improper or inadequate maintenance of the installed equipment by service providers other than Chevron Energy Solutions or its subcontractors, corrosion, erosion, deterioration, abuse, modifications or repairs not performed by an authorized Chevron Energy Solutions subcontractor, improper use or operation, or normal wear and tear under normal usage. Unless otherwise specified, all warranties hereunder, including without limitation those for defects, whether latent or patent, in design, engineering, or construction, will terminate one (1) year from the willful misconduct date of SupplierSubstantial Completion or Beneficial Use; and thereafter, Chevron Energy Solutions will have no liability for breach of any warranty or for any latent or patent defect of any kind pursuant to California Code of Civil Procedure §§337.15 and 338. Section 9.06 Manhattan Beach USD and Chevron Energy Solutions have discussed the risks and rewards associated with this Project, as well as the Contract Amount to be paid to Chevron Energy Solutions for performance of the Work. Manhattan Beach USD and Chevron Energy Solutions agree to allocate certain of the risks so that, to the fullest extent permitted by Applicable Law, Chevron Energy Solutions’ total aggregate liability to Manhattan Beach USD and all third parties is limited to thirty percent (30%) of the Contract Amount for any and all injuries, damages, claims, losses, expenses, or claim expenses (including attorney’s fees) arising out of this Contract from any cause or causes. Such causes include, but are not limited to, negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.

Warranty; Limitation of Liability. (a) Supplier a. Code Crafters warrants to Client that all PET Products sold to Purchaser (i) Deliverables shall be free from defects work in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply accordance with the historical specifications set forth in the applicable Statement of Work for Existing PET Products and with a period of ninety (90) days after final delivery thereof. Upon written notice of any agreed upon specifications for New PET Products. Supplier’s liability under breach of this warranty, whether in contract Code Crafters shall have a period of thirty (30) days, or tortsuch longer period as may be reasonably necessary, shall be limited exclusively to cure such breach. This warranty will apply only if no modification, alteration or addition has been made to the repayment of the purchase price of the defective PET ProductsDeliverables by persons other than Code Crafters Personnel. Supplier will make Except as set forth herein, Code Crafters makes no other warranties whether express, implied by law or otherwise, with respect to the PET ProductsServices or any Deliverables provided hereunder, and specifically disclaims all implied warranties of merchantability and fitness for a particular purpose. OTHER THAN THE ABOVE WARRANTYCode Crafters does not warrant that any Deliverable will operate without interruption or be error free. b. Except for claims arising under Section 3 and 6 herein, SUPPLIER MAKES NO WARRANTYeach party’s liability (whether in contract, WHETHER OF MERCHANTABILITYtort, FITNESS OR OTHERWISEnegligence, EXPRESS OR IMPLIEDstrict liability, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL by statute or otherwise) to the other party concerning or relating to this Agreement shall in the aggregate be limited to direct and actual damages not to exceed amounts to be received by Code Crafters under this Agreement for the portion of the Services giving rise to such claim. c. IN NO EVENT SHALL CODE CRAFTERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES. Notwithstanding the foregoingINDIRECT DAMAGES OR EXPENSES (INCLUDING, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; providedWITHOUT LIMITATION, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesLOST PROFITS OR OTHER ECONOMIC LOSS, LOST REIMBURSEMENTS, LOST DATA, OR LOST SAVINGS), EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH INJURIES. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products are sold to Purchaser (i) shall by the Company with such warranties as may be free from defects in workmanship extended by the manufacturer of the product(s), and materialsthere are no warranties for value added services, except for any defects arising out of actions taken by services bundled with the products, or at the direction of Purchaser or materials other services provided by the Company. COPIES OF THE MANUFACTURERS’ WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING THE COMPANY. THE COMPANY MAKES NO OTHER WARRANTIES AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. CUSTOMER IS RESPONSIBLE FOR INSTALLATION AND USE IN ACCORDANCE WITH MANUFACTURERS’ INSTRUCTIONS AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR CUSTOMER’S IMPROPER SELECTION OF A PRODUCT FOR A PARTICULAR APPLICATION OR OTHERWISE. No warranty will apply if its products are in any way altered or on behalf of Purchaser and (ii) shall comply with modified after delivery by the historical specifications for Existing PET Products and with any agreed upon specifications for New PET ProductsCompany. Supplier’s liability under this warrantyTHE COMPANY’S LIABILITY ON ANY CLAIM FOR LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR CONNECTED IN ANY MANNER WITH THE SUPPLYING OF ANY PRODUCTS OR SERVICES HEREUNDER, whether in contract or tortOR THE SALE, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN RESALE, OPERATION OR USE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE ABOVE CLAIM, WHETHER BASED ON CONTRACT, WARRANTY, SUPPLIER MAKES NO WARRANTYTORT (INCLUDING NEGLIGENCE AND FOR PROPERTY DAMAGE AND DEATH) OR OTHER GROUNDS, WHETHER SHALL NOT IN ANY EVENT EXCEED THE PRICE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, REGARDLESS OF MERCHANTABILITY, FITNESS CAUSE OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSFAULT. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT SHALL THE COMPANY BE LIABLE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR PUNITIVEANY CONSEQUENTIAL, CONSEQUENTIAL INCIDENTAL OR INCIDENTAL INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, SALES, DATA, BUSINESS, GOODWILL OR USE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such THE PARTIES AGREE THAT WITHOUT THIS LIMITATION OF LIABILITY THE COMPANY WOULD NOT HAVE AGREED TO THE PRICE OR TERMS AND CONDITIONS OF THIS AGREEMENT.THE LIMITATION OF LIABILITY SET FORTH HEREIN APPLIES BOTH TO PRODUCTS AND SERVICES PURCHASED OR OTHERWISE PROVIDED HEREUNDER. Any cause of action accrues. (d) Supplier shall not against the Company must be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting instituted within 1 year from the handling, possession, use date of purchase or resale provision of the PET Products produced hereunder after products or services. If the Company provides Customer with advice, training, applications support, or other assistance which concern any products supplied hereunder, or any equipment, system or the like in which the product may be installed, the Company’s giving of such PET Products are delivered advice or assistance will not subject the Company to the applicable Constar Customerany liability, whether the same is used alone based on contract, warranty, tort (including negligence) or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Suppliergrounds.

Warranty; Limitation of Liability. (a) Supplier ‌ EXCEPT FOR THE WARRANTIES PROVIDED IN THIS Section 8.06, CHEVRON ENERGY SOLUTIONS MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIED IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. MANHATTAN BEACH USD WILL HAVE NO REMEDIES AGAINST EITHER CHEVRON ENERGY SOLUTIONS OR ANY CHEVRON ENERGY SOLUTIONS SUBCONTRACTOR OR VENDOR FOR ANY DEFECTIVE MATERIALS OR EQUIPMENT INSTALLED, EXCEPT FOR THE REPAIR OR REPLACEMENT OF SUCH MATERIALS OR EQUIPMENT IN ACCORDANCE WITH THE WARRANTIES INDICATED BELOW. SPECIFICALLY, NEITHER CHEVRON ENERGY SOLUTIONS, NOR CHEVRON ENERGY SOLUTIONS’ SUBCONTRACTORS OR VENDORS, WILL BE LIABLE TO MANHATTAN BEACH USD FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.‌ Section 9.01 Chevron Energy Solutions warrants to Manhattan Beach USD that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or permitted by this Contract. Chevron Energy Solutions further warrants that all PET Products sold its workmanship provided hereunder, including its subcontractors’ workmanship, will be free of material defects for a period of one (1) year from the date of Substantial Completion as indicated on the executed Certificate of Substantial Completion, or the date of Beneficial Use as indicated on the executed Certificate of Beneficial Use (“Chevron Energy Solutions Warranty”). Notwithstanding the preceding sentence, the date the Chevron Energy Solutions Warranty commences with respect to Purchaser a specific piece or pieces of equipment may be further defined in Attachment F. Section 9.02 Pursuant to the requirements of the California Solar Initiative Program, for each Generating Facility, Chevron Energy Solutions further warrants to Manhattan Beach USD, for a period of one (1) year from the date of Substantial Completion as indicated on the executed Certificate of Substantial Completion, or the date of Beneficial Use as indicated on the executed Certificate of Beneficial Use for such Generating Facility, that any additional equipment and materials that are not part of the solar generating systems, as described below, including meters (other than meters that are integrated into any inverter, which are covered under the 10 Year Chevron Energy Solutions Warranty), shall be free from degradation in electrical output of more than fifteen percent (15%) from their originally rated electrical output as a result of faulty installation during such one (1) year warranty period. This Chevron Energy Solutions Warranty expressly excludes any remedy for corrosion, erosion, or damage directly or indirectly caused by parties other than Chevron Energy Solutions or its subcontractors, but does not exclude damage directly or indirectly caused by Chevron Energy Solutions or its subcontractors in performing any obligation under the Contract including without exception Maintenance Services. Section 9.03 Pursuant to the requirements of the California Solar Initiative Program, for each Generating Facility, Chevron Energy Solutions warrants to Manhattan Beach USD, for a period of ten (10) years from the Substantial Completion Date for such Generating Facility, (i) that such Generating Facility shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser hereunder; and (ii) that the equipment shall comply be free of defective system or component breakdown, or degradation in electrical output of more than fifteen percent (15%) from its originally rated electrical output as a result of faulty installation (the “10 Year Chevron Energy Solutions Warranty”). This 10 Year Chevron Energy Solutions Warranty covers solely the solar generating system, including PV modules (panels) and inverters (including meters that are integrated into any inverter) associated with the historical specifications solar generating systems for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable foreach Generating Facility, and Purchaser assumes responsibility for, all personal injury and property damage resulting from provides for the handling, possession, use no-cost repair or resale replacement of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except solar generating system components to the extent not otherwise covered by a manufacturer’s warranty. This warranty expressly excludes any remedy for corrosion, erosion, or damage directly or indirectly caused by parties other than Chevron Energy Solutions or its subcontractors, but does not exclude damage directly or indirectly caused by Chevron Energy Solutions or its subcontractors in performing any obligation under the Contract including without exception Maintenance Services. Section 9.04 Equipment and material warranties that exceed the Chevron Energy Solutions Warranty period will be provided directly by the equipment and/or material manufacturers and such personal injury warranties will be assigned directly to Manhattan Beach USD, after the one (1) year period. During the Chevron Energy Solutions Warranty period, Chevron Energy Solutions will be Manhattan Beach USD’s agent in working with the equipment and material manufacturers in resolving any equipment or property material warranty issues. Other than for lamps and ballasts, any material defects that are discovered within the Chevron Energy Solutions Warranty period, Chevron Energy Solutions, or Chevron Energy Solutions’ subcontractors, will correct its defects, and/or Chevron Energy Solutions will work with the equipment or material manufacturer as Manhattan Beach USD’s agent to facilitate the manufacturer’s correction of the equipment or material defect. For lamp and ballast failures during the Chevron Energy Solutions Warranty period that are within the statistical norm for lamp or ballast failures, Manhattan Beach USD will replace such failed lamps/ballasts with replacement stock provided by Chevron Energy Solutions, provided, however, that Manhattan Beach USD will return the failed lamps/ballasts to the manufacturer in order to ensure that sufficient quantities of replacement stock are available during the Chevron Energy Solutions Warranty period. Such warranty services will be performed in a timely manner and at the reasonable convenience of Manhattan Beach USD. If a warranty issue arises on any equipment or material installed after the Chevron Energy Solutions Warranty period, and the equipment or material has a warranty period that exceeds one (1) year, Manhattan Beach USD will contact the manufacturer directly to resolve such warranty issues and Manhattan Beach USD acknowledges that the manufacturer will have sole responsibility for such issues. Section 9.05 The warranties in this ARTICLE 9 expressly exclude any remedy for damage results or defect caused by improper or inadequate maintenance of the installed equipment by service providers other than Chevron Energy Solutions or its subcontractors, corrosion, erosion, deterioration, abuse, modifications or repairs not performed by an authorized Chevron Energy Solutions subcontractor, improper use or operation, or normal wear and tear under normal usage. Unless otherwise specified, all warranties hereunder, including without limitation those for defects, whether latent or patent, in design, engineering, or construction, will terminate one (1) year from the willful misconduct date of SupplierSubstantial Completion or Beneficial Use; and thereafter, Chevron Energy Solutions will have no liability for breach of any warranty or for any latent or patent defect of any kind pursuant to California Code of Civil Procedure §§337.15 and 338. Section 9.06 Manhattan Beach USD and Chevron Energy Solutions have discussed the risks and rewards associated with this Project, as well as the Contract Amount to be paid to Chevron Energy Solutions for performance of the Work. Manhattan Beach USD and Chevron Energy Solutions agree to allocate certain of the risks so that, to the fullest extent permitted by Applicable Law, Chevron Energy Solutions’ total aggregate liability to Manhattan Beach USD and all third parties is limited to thirty percent (30%) of the Contract Amount for any and all injuries, damages, claims, losses, expenses, or claim expenses (including attorney’s fees) arising out of this Contract from any cause or causes. Such causes include, but are not limited to, negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.

Warranty; Limitation of Liability. 9.01 (a) Supplier Each Product comes with a limited express warranty. ROUSH warrants Product in accordance with the applicable limited express warranty that all PET Products sold may accompany Product, or be found on XXXXX’x sales literature for the Product, or the Xxxxxxxxxxxxxx.xxx website. ROUSH reserves the right to Purchaser (i) shall be free from defects in workmanship and materials, except modify the limited express warranty for any defects arising out of actions taken by or Product at the direction of Purchaser or materials provided by or on behalf of Purchaser any time and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Productsfrom time to time without prior notice to Installation Center. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. XXXXX’X LIMITED EXPRESS WARRANTY FOR PRODUCT IS IN LIEU OF AND TO THE EXCEPTION OF ALL OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISEWARRANTIES, EXPRESS OR IMPLIED, IN FACT OR BY LAWINCLUDING, BUT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AGAINST CLAIMS OF INFRINGEMENT, AND SUPPLIER SHALL HAVE NO FURTHER ANY OTHER OBLIGATION OR LIABILITY UNDER ON THE ABOVE WARRANTY OR PART OF ROUSH WITH RESPECT TO THE PET PRODUCTSPRODUCT SOLD TO SERVICE CENTER HEREUNDER; ALL WARRANTIES ARE EXTENDED ONLY TO SERVICE CENTER’S CUSTOMERS. SUBJECT SERVICE CENTER HAS THE RIGHT TO PASS THE FOLLOWING SENTENCEROUSH LIMITED EXPRESS WARRANTIES TO SERVICE CENTER’S CUSTOMERS. SERVICE CENTER IS NOT AUTHORIZED TO BIND ROUSH TO ANY OTHER WARRANTY FOR PRODUCT. ANY EXPANSION OF ANY PRODUCT WARRANTY BY SERVICE CENTER OR ITS EMPLOYEES, SUPPLIER AGENTS OR REPRESENTATIVES SHALL IN NO EVENT BE LIABLE FOR PUNITIVECONSTITUTE A MATERIAL BREACH OF THIS AGREEMENT. SERVICE CENTER AGREES IT SHALL NOT, CONSEQUENTIAL AND IT SHALL CAUSE ITS EMPLOYEES, REPRESENTATIVES AND AGENTS NOT TO, MAKE OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.EXPAND UPON ROUSH PRODUCT REPRESENTATIONS AND WARRANTIES TO SERVICE CENTER’S

Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products sold to Purchaser (i) shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN AEP ENERGY PROVIDES ALL INFORMATION CONTAINED IN POWERPERKS® “AS IS,” “AS AVAILABLE” AND SPEAKING ONLY TO EVENTS OR CIRCUMSTANCES ON OR BEFORE THE ABOVE WARRANTY, SUPPLIER DATE IT IS PRESENTED AND MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS REPRESENTATION OR OTHERWISEWARRANTY CONCERNING POWERPERKS® OR ANY SERVICES PROVIDED HEREUNDER AND DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, IN FACT INCLUDING ANY OBLIGATION TO UPDATE OR BY LAWCORRECT THE INFORMATION PROVIDED OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION FITNESS FOR A PARTICULAR PURPOSE OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSOTHERWISE. SUBJECT TO THE FOLLOWING SENTENCECustomer assumes the entire risk related to its use of any information presented in any PowerPerks® marketing materials or the Confirmation Notice or any Reduction Notice (or cancellation thereof), SUPPLIER SHALL and whether or how Customer utilizes any such information is entirely Customer’s responsibility. There is no guarantee that email transmissions will be secure or error-free or will not be corrupted, lost, or destroyed or arrive late or not at all, and AEP Energy is not liable for any loss or damage in connection therewith. AEP Energy is not acting as Customer’s consultant or advisor and does not provide legal, tax, accounting or other advice, and Customer shall not rely on AEP Energy in evaluating the advantages or disadvantages of PowerPerks®, any product or service, predictions about savings, future energy prices or any other matter. Customer hereby acknowledges and agrees that AEP Energy makes no guarantee as to the continuation or ongoing existence of PowerPerks® or regarding the value of PowerPerks® or any PowerPerks® information. Customer’s decision to enter into this Agreement and any other decisions or actions it may take, or not take, under this Agreement are, and will be, based solely upon its own analysis (or that of its advisors) and not in reliance on information or statements from AEP Energy. IN NO EVENT WILL AEP ENERGY BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR PUNITIVEANY CONSEQUENTIAL, CONSEQUENTIAL INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR INCIDENTAL PUNITIVE DAMAGES, TANGIBLE OR INTANGIBLE LOSSES, COSTS, EXPENSES OR LOST PROFITS UNDER ANY CAUSE OF ACTION ARISING HEREUNDER, INCLUDING LOSS OF USE OF FACILITIES, BUSINESS INTERRUPTION, LOSS OF BUSINESS, PROFITS OR INFORMATION, LOSS OF ANTICIPATED SAVINGS OR OTHER ECONOMIC LOSS, REGARDLESS OF WHETHER A CLAIM ARISES BY STATUTE, IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. Notwithstanding the foregoingTHE AGGREGATE LIABILITY OF AEP ENERGY TO CUSTOMER FOR DAMAGES UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE GREATER OF (1) TOTAL AMOUNT CREDITED OR PAID BY AEP ENERGY TO CUSTOMER UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS OR (2) $500, Supplier AS THE SOLE AND EXCLUSIVE REMEDY. CUSTOMER MUST BRING ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT WITHIN ONE (1) YEAR FROM THE TIME THE CAUSE OF ACTION ACCRUES AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE EXPRESSLY WAIVED. The foregoing limitations shall indemnify Purchaser for reasonable and customary line hour charges actually paid continue to the Constar Customers by Purchaser that directly result from Supplier’s breach apply even if an exclusive remedy provided herein fails of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesits essential purpose. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products sold to Purchaser (i) All Services shall be free provided in a professional manner consistent with industry standards. Client shall have a period of thirty (30) days from the delivery of the Services to notify the Paramedic Network in writing of any material errors or defects in workmanship and materials, except for the performance of the Services (the “Services Warranty Period”). If Client notifies the Paramedic Network during the Services Warranty Period of any defects arising out of actions taken by or at in the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment provision of the purchase price of Services, the defective PET Products. Supplier Paramedic Network’s sole obligation, and Client’s sole and exclusive remedy, will make no other warranties with respect be for Paramedic Network to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that correct such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstanceserrors or defects. (b) Purchaser agrees to waive all claims for shortages If Client does not provide the Paramedic Network with written notice during the Warranty Period of any defects in the PET Products ordered services or deliverables, such services shall be deemed to be accepted by Client and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortageany warranty claim shall have been deemed waived. (c) Subject to Except for the above provisionswarranty set forth in this Section, Purchaser shall not bring the Services and deliverables are provided “AS IS,” without representations or warranties of any other action arising hereunder unless such action is brought within one year after the date such cause of action accrueskind. PARAMEDIC NETWORK EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. (d) Supplier shall not be liable forNEITHER PARTY SHALL BE LIABLE, and Purchaser assumes responsibility forWHETHER IN CONTRACT, all personal injury and property damage resulting from the handlingTORT (INCLUDING NEGLIGENCE) OR OTHERWISE, possessionFOR ANY PUNITIVE, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar CustomerSPECIAL, whether the same is used alone or in combination with other substancesINDIRECT, except to the extent any such personal injury or property damage results from the willful misconduct of SupplierINCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT OR BUSINESS INTERRUPTION EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY) ARISING OUT OF OR PERTAINING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Warranty; Limitation of Liability. Seller warrants title to each individual product sold under this Contract and further warrants for a period on one (a1) Supplier warrants year after shipment, but only to the extent and limit of the purchase price paid for such individual product, that all PET Products sold such product conforms to Purchaser (i) shall be the specifications set for the in the Contract and is free from defects in material and workmanship under normal service and materialsuse for which it was designed. Seller's sole obligation and Purchaser's exclusive remedy under this warranty shall be limited to one of the following, except as selected by Seller: delivering to Purchaser a replacement for any defects arising out product part thereof determined by Seller to be defective; repairing such product or part, or refunding the purchase price (or an equitable portion thereof) paid for such product or part by Purchaser. SELLER MAKES NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY, AND NO OTHER WARRANTY, WHETHER EXPRESS OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH SELLER'S PRODUCTS OR ANY SALE OR USE THEREOF. Purchaser must notify Seller promptly and within the warranty period of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability claim under this warranty, whether in contract or tort, shall be limited exclusively . Seller's warranty extends only to the repayment first purchaser of the purchase price of the defective PET Productsa product from Seller or Seller's authorized distributor. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers All goods not manufactured by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims Seller are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except warranted only to the extent of the warranties of the original manufacturer. Seller disclaims any such personal injury liability arising from tort, including strict liability, and Seller further disclaims any liability (whether arising under this or property damage results from the willful misconduct any other provision of Supplierthis Contract or otherwise) for any costs (including costs of removal and replacement), liabilities, lost profits, loss of good will or any other general, direct, special, incidental or consequential damages Incurred by Purchaser in connection with this Contract or any product purchased thereunder.

Warranty; Limitation of Liability. (a) Supplier With respect to all disposable or single use products to be delivered hereunder, AtriCure warrants only that all PET Products sold to Purchaser (i) shall such products will be free from defects in workmanship and materialsmaterial, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply operate in substantial conformity with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warrantydocumentation, whether in contract or tort, shall be limited exclusively to provided that the repayment user of the purchase price goods complies with all indications, warnings, cautions and directions contained in such documentation. The foregoing warranties shall expire 60 days from the date of the defective PET Productsdelivery of such disposable or single use products to Buyer. Supplier If any capital equipment is delivered hereunder, it may be subject to a separate warranty which will make no other warranties with respect be attached to the PET Productshereto. THIS WARRANTY IS IN LIEU OF ANY OTHER THAN THE ABOVE WARRANTY, SUPPLIER WARRANTY OR OBLIGATION OF ATRICURE. ATRICURE MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISEOTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY LAWATRICURE. AtriCure has the option of either replacing defective goods or crediting Buyer for the purchase price for such goods. In no event shall AtriCure be responsible for incidental, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSconsequential, special, or punitive damages from any defect in the goods or breach of warranty including, but not limited to, Buyer’s, user’s or any other person’s loss of material or profits, increased expense of operation, downtime or reconstruction of work, or damages arising out of any products liability claim and, in no event shall AtriCure’s liability (whether under the theories of breach of contract or warranty, negligence, or strict liability) exceed the contract price paid for the goods delivered by AtriCure. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGESThese remedies are the exclusive and sole remedies for any breach of warranty. Notwithstanding All claims for clerical error or shortage must be made within thirty (30) days of delivery of the foregoing, Supplier goods to Buyer. AtriCure shall indemnify Purchaser for be given a reasonable and customary line hour charges actually paid prompt opportunity to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesinvestigate any goods concerning which a claim is made. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. Van Cronenburg warrants a limited guarantee for its brass products for five (a5) Supplier warrants that all PET Products sold years, to Purchaser (i) shall be free from defects in workmanship material and materialsworkmanship. Additionally, except the internal mechanisms, including all locks, latches, etc., are guaranteed for one (1) year from the date of sale. At van Cronenburg’s sole discretion, its only obligation will be to repair or replace the defective Products or parts, upon presentation and after careful review. Customer must provide proof of purchase dated within the warranty period. Finishes are not subject to any warranty. xxx Xxxxxxxxxx assumes no liability for any defects arising out labor charges regarding the removal or installation if its Products, nor does van Cronenburg cover any freight, postage or any expense relative to the Product. Damages caused by accident, misuse, abuse, or improper installation are not covered by this warranty. If a problem occurs after the expiration of actions taken by or the warranty period, in most cases van Cronenburg will, on the basis of good will, remedy the problem. This ‘good will’ is at the direction sole discretion of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Productsvan Cronenburg. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. THIS LIMITED WARRANTY IS MADE IN LIEU OF ALL OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISEWARRANTIES, EXPRESS OR IMPLIED, IN FACT INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTSFITNESS FOR A PARTICULAR PURPOSE. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid xxx Xxxxxxxxxx’s liability with respect to the Constar Customers any claim by Purchaser that directly result from SupplierCustomer or any third party arising out of or in any way relating to any Product sold by van Cronenburg to Customer (including without limitation such Product’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possessionfurther sale, use or resale of the PET Products produced hereunder after such PET Products are delivered transportation) will be limited solely to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent cost of such product and any such personal injury or property damage results from claim must be filed within 60 days after the willful misconduct delivery of Suppliersuch product. XXX XXXXXXXXXX WILL NOT BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, LOST PROFITS OR OTHER LOSSES OF CUSTOMER OR ANY THIRD PARTY ARISING OUT OF OR IN ANY WAY RELATING TO THE SALE, USE OR TRANSPORTATION OF SUCH PRODUCT.

Warranty; Limitation of Liability. (a) Supplier 10.1. KNOWiNK warrants that all PET Products sold products provided hereunder to Purchaser (i) shall be free from defects in material or workmanship under normal use and materialsservice for a period of one (1) year from the date of delivery. All repair covered by this warranty must be done by KNOWiNK, except or other such warranty repair facilities of KNOWiNK as designated by KNOWiNK unless KNOWiNK specifically directs that this service be performed at another location. Any defect corrected within one (1) year and found to be within this scope of the warranty will be repaired by KNOWiNK and all charges for labor and material, will be borne by KNOWiNK. KNOWiNK warrants that all Professional Services will be performed in a professional and workmanlike manner. THIS CONSTITUTES THE SOLE WARRANTIES MADE BY KNOWiNK, EITHER EXPRESSED OR IMPLIED. THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED WHICH EXTEND BEYOND THE FACE HEREOF, HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 10.2. KNOWiNK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THIRD PARTY HARDWARE, IF ANY, PROVIDED BY KNOWiNK TO CUSTOMER, ALL OF WHICH IS SOLD, LICENSED, OR SUBLICENSED TO CUSTOMER “AS IS,” OTHER THAN AS MAY BE PROVIDED IN ANY PASS-THROUGH WARRANTY. KNOWiNK HAS NO RESPONSIBILITY OR LIABILITY FOR THIRD PARTY HARDWARE, IF ANY, PROVIDED BY DISTRIBUTORS OR OTHER THIRD PARTIES TO CUSTOMER. If KNOWiNK sells, licenses, or sublicenses any Third Party Hardware to Customer, KNOWiNK will pass through to Customer, on a nonexclusive basis and without recourse to KNOWiNK, any third-party manufacturer’s warranties covering the equipment or software, but only to the extent, if any, permitted by the third-party manufacturer. 10.3. Customer is solely responsible for any defects arising out hardware or software purchased from an outside source. KNOWiNK will not be liable for such products. 10.4. Any tampering, misuse or negligence in handling or use of actions taken by products provided hereunder renders the warranty void. Further, the warranty is void if, at any time, Customer or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively third party attempts to the repayment make any internal changes to any of the purchase price components of the defective PET Productsproducts provided hereunder; if at any time the power supplied to any part of the product exceeds the rated tolerance; if any external device attached by Customer creates conditions exceeding the tolerance of the product; or if any time the serial number plate is removed or defaced. Supplier will make no other warranties with respect to the PET ProductsOPERATION OF THE EQUIPMENT THAT RENDERS THIS WARRANTY VOID WILL BE DEFINED TO INCLUDE ALL OF THE POSSIBILITIES DESCRIBED IN THIS PARAGRAPH, TOGETHER WITH ANY PRACTICE WHICH RESULTS IN CONDITIONS EXCEEDING THE DESIGN TOLERANCE OF THE PRODUCT. 10.5. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT SHALL KNOWiNK BE LIABLE FOR PUNITIVEANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER’S REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING SERVICES, CONSEQUENTIAL UNITS OR INCIDENTAL DAMAGESPARTS. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesSERVICE PROVIDER SHALL NOT HAVE ANY LIABILITY FOR THE ACTIONS OR OMISSIONS OF CUSTOMER OR KNOWINK HEREUNDER. EACH OF KNOWiNK’S MAXIMUM AGGREGATE LIABILITY HEREUNDER SHALL NOT EXCEED FEES RECEIVED BY SERVICE PROVIDER DURING THE 12 MONTHS PRECEDING THE APPLICABLE CLAIM. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9, OPTERRA ENERGY SERVICES MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIED IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. CONFIRE WILL HAVE NO REMEDIES AGAINST EITHER OPTERRA ENERGY SERVICES OR ANY OPTERRA ENERGY SERVICES SUBCONTRACTOR OR VENDOR FOR ANY DEFECTIVE MATERIALS OR EQUIPMENT INSTALLED, EXCEPT FOR THE REPAIR OR REPLACEMENT OF SUCH MATERIALS OR EQUIPMENT IN ACCORDANCE WITH THE WARRANTIES INDICATED BELOW AND WARRANTIES PROVIDED BY EQUIPMENT MANUFACTURERS. SPECIFICALLY, NEITHER OPTERRA ENERGY SERVICES, NOR OPTERRA ENERGY SERVICES’ SUBCONTRACTORS OR VENDORS, WILL BE LIABLE TO CONFIRE FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. Section 9.01 OpTerra Energy Services warrants to ConFire that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or permitted by this Contract. OpTerra Energy Services further warrants that all PET Products sold to Purchaser (i) shall its workmanship provided hereunder, including its subcontractors’ workmanship, will be free of material defects for a period of one (1) year from defects in workmanship and materialsthe date of Substantial Completion as indicated on the executed Certificate of Substantial Completion, except for any defects arising out or the date of actions taken by or at Beneficial Use as indicated on the direction executed Certificate of Purchaser or materials provided by or on behalf of Purchaser and Beneficial Use (ii) shall comply with “OpTerra Energy Services Warranty”). Notwithstanding the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warrantypreceding sentence, whether in contract or tort, shall be limited exclusively to the repayment of date the purchase price of the defective PET Products. Supplier will make no other warranties OpTerra Energy Services Warranty commences with respect to a specific piece or pieces of equipment may be further defined in Attachment C. Section 9.02 Equipment and material warranties that exceed the PET ProductsOpTerra Energy Services Warranty period will be provided directly by the equipment and/or material manufacturers and such warranties will be assigned by OpTerra Energy Services directly to ConFire, after the one (1) year period. OTHER THAN THE ABOVE WARRANTYDuring the OpTerra Energy Services Warranty period, SUPPLIER MAKES NO WARRANTYOpTerra Energy Services will act as ConFire’s agent in working with the equipment and material manufacturers in resolving any equipment or material warranty issues. If any material defects are discovered within the OpTerra Energy Services Warranty period, WHETHER OF MERCHANTABILITYOpTerra Energy Services, FITNESS OR OTHERWISEor OpTerra Energy Services’ subcontractors, EXPRESS OR IMPLIEDwill correct its defects, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding and/or OpTerra Energy Services will work with the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid equipment or material manufacturer as ConFire’s agent to facilitate the Constar Customers by Purchaser that directly result from Suppliermanufacturer’s breach correction of the above warranty; providedequipment or material defect. Such warranty services will be performed in a timely manner and at the reasonable convenience of ConFire. If a warranty issue arises on any equipment or material installed after the OpTerra Energy Services Warranty period, and the equipment or material has a warranty period that exceeds one (1) year, ConFire will contact the manufacturer directly to resolve such line hour charges shall be no greater than warranty issues and ConFire acknowledges that the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesmanufacturer will have sole responsibility for such issues. (b) Purchaser agrees to waive all claims Section 9.03 The warranties in this ARTICLE 9 expressly exclude any remedy for shortages in damage or defect caused by improper or inadequate maintenance of the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisionsinstalled equipment by service providers other than OpTerra Energy Services or its subcontractors, Purchaser shall corrosion, erosion, deterioration, abuse, modifications or repairs not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable forperformed by an authorized OpTerra Energy Services subcontractor, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, improper use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customeroperation, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Suppliernormal wear and tear under normal usage.

Warranty; Limitation of Liability. (a) Supplier warrants Lessee acknowledges that all PET Products sold to Purchaser (i) shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at Lessor is not the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment manufacturer of the purchase price Equipment nor the manufacturer’s agent nor a dealer therein. The Equipment is of a size, design, capacity, description and manufacture selected by the defective PET ProductsLessee. Supplier will make no other warranties with respect to Lessee is satisfied that the PET ProductsEquipment is suitable and fit for its purposes. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS LESSEE AGREES THAT LESSOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY OR OTHERWISEREPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED, IN FACT OR BY LAWAS TO THE EQUIPMENT, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR WITH RESPECT REPRESENTATION AS TO: (i) THE DESCRIPTION, CONDITION, DESIGN, QUALITY OR PERFORMANCE OF THE EQUIPMENT OR QUALITY OR CAPACITY OF MATERIALS OR WORKMANSHIP IN THE EQUIPMENT; (ii) ITS MERCHANTABILITY OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE WHETHER OR NOT DISCLOSED TO LESSOR; AND (iii) DELIVERY OF THE PET PRODUCTSEQUIPMENT FREE OF THE RIGHTFUL CLAIM OF ANY PERSON BY WAY OF INFRINGEMENT OR THE LIKE. SUBJECT TO THE FOLLOWING SENTENCELESSOR EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. If the Equipment includes any applicable Software, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVEand the Software is not properly installed, CONSEQUENTIAL OR INCIDENTAL DAMAGESdoes not function as represented or warranted by original owner/vendor/licensor, or is unsatisfactory for any reason, Lessee shall make any claim on account thereof solely against original owner/vendor/licensor and shall nevertheless pay all sums payable under the Lease, Lessee hereby waiving the right to make any such claims against Lessor. Notwithstanding Lessor shall not be liable to Lessee for any loss, damage or expense of any kind or nature caused, directly or indirectly, by the foregoingEquipment or the use, Supplier shall indemnify Purchaser possession or maintenance thereof, or the repair, service or adjustment thereof, or by any delay or failure to provide any such maintenance, repair, service or adjustment, or by any interruption of service or loss of use thereof (including without limitation, Lessee’s use of or right to use any Software) or for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach any loss of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesbusiness howsoever caused. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortageNOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE LEASE, LESSOR SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO LESSEE OR ANY THIRD PARTY, FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTION CONTEMPLATED HEREUNDER, WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, LOSS OF ANTICIPATED PROFITS, OR BENEFITS OF USE OR LOSS OF BUSINESS, EVEN IF LESSOR IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF ANY LEASE WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE SEVERABLE FROM ANY OTHER PROVISION AND IS A SEPARABLE AND INDEPENDENT ELEMENT OF RISK ALLOCATION AND IS INTENDED TO BE ENFORCED AS SUCH. (c) Subject Lessor assigns to Lessee all assignable warranties on the above provisionsEquipment, Purchaser including without limitation any warranties described in Lessor’s purchase contract, which assignment shall not bring be effective only (i) during the Acceptance Term and the Base Term and any other action arising hereunder unless such action is brought within one year after the date such cause extensions thereof; and (ii) so long as no Event of action accruesDefault exists. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. ARIS represents and warrants that its performance of the Services hereunder is not in breach of any agreement or contract, whether written or oral, between itself and any third party. ARIS represents and warrants that the Services provided hereunder will be performed in a professional, workmanlike and skillful manner consistent with the professional standards and the general customs and practices of the industry. ARIS further warrants that all the Deliverables delivered hereunder will conform to the specifications and requirements set forth in the Work Order(s). Customer must report any apparent deficiencies in the Services and accept or reject the Deliverables within thirty (30) days of the later of the completion of the Services or the date that such deficiencies were reasonably discoverable by Customer within 180 days from the date of completion of such Services. Latent defects which were not reasonably discoverable by Customer within the 180 day period shall be reported by Customer to ARIS as soon as practicable after they were discovered by Customer. ARIS shall correct the defects or deficiencies within 15 days of Customer's report or such additional time as agreed by the parties. If ARIS is unable to re-perform the Services as warranted or correct the defects or deficiencies to the satisfaction of Customer within such time frame, Customer shall be entitled to recover the greater of (a) Supplier warrants that all PET Products sold to Purchaser (i) shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually fees paid to ARIS for the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provideddeficient Services, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances. and (b) Purchaser agrees the Customer's costs of engaging a third party to waive all claims for shortages in re-perform the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from Services or correct the Constar Customer of such shortagedeficiencies. THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE ARIS' EXCLUSIVE WARRANTIES. ARIS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ARIS WILL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. ARIS' MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO 1.5 TIMES THE AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT; PROVIDED THAT THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ARIS' INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 5 AND 8 OF THIS AGREEMENT. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products sold to Purchaser (i) LE MIEUX WARRANTS THAT THE PRODUCT IS 10. Quality Control. Reseller shall be free from defects in workmanship and materials, except for immediately advise Le Mieux of any defects arising out of actions taken by complaints or at the direction of Purchaser adverse claims about any Product or materials provided by or on behalf of Purchaser and (ii) its use. Reseller shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Productsall Le MANUFACTURED IN ACCORDANCE WITH GOOD MANUFACTURING PRACTICES. Supplier’s liability under this warrantyOTHERWISE, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER LE MIEUX MAKES NO WARRANTYWARRANTIES WHATSOEVER, AND PRODUCT IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISEANY OTHER STATUTORY OR COMMON LAW WARRANTY. EXCEPT AS EXPLICITLY SET FORTH HEREIN, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER LE MIEUX SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL SPECIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING FROM OR RELATING TO THE PRODUCT, EVEN IF LE MIEUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding THE TOTAL LIABILITY OF LE MIEUX ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AMOUNT PAID BY RESELLER FOR THE PRODUCT AT ISSUE, OR IF NO PRODUCT IS AT ISSUE, IN THE 12 MONTHS PRECEDING THE CLAIM. Certain state laws do not allow limitations on implied warranties or the foregoingexclusion or limitation of certain damages. Accordingly, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach some or all of the above warranty; provideddisclaimers, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstancesexclusions, or limitations may not apply. (b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.