Common use of Warranty; Limitation of Liability Clause in Contracts

Warranty; Limitation of Liability. Chobani represents and warrants to Customer that, as of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerce. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL CHOBANI BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR 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. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS.

Warranty; Limitation of Liability. Chobani represents and warrants to Customer that, as of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerce. EXCEPT THE SOFTWARE IS PROVIDED "AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSORS FURTHER DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR NONINFRINGEMENT PERFORMANCE OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTSTHE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHOBANI THE LICENSORS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR OTHER DAMAGES, LOSS OF BUSINESS, LOST BUSINESS PROFITS, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF BREACH THIS SLA OR THE USE OF CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE OR INABILITY TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISEUSE THE SOFTWARE, EVEN IF CHOBANI HAS THE LICENSORS HAVE BEEN ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR NOTWITHSTANDING THE FOREGOING, 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 LOSSOTHER LEGAL THEORY, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE MAXIMUM LIABILITY SHALL NOT EXCEED THE APPLICABLE PURCHASE PRICE OF THE PRODUCTSSOFTWARE OR ONE THOUSAND DOLLARS (US$1,000), EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSWHICHEVER IS GREATER. NVIDIA has no obligation to support or provide any updates of the SOFTWARE. You agree that You are solely responsible for maintaining appropriate data backups and system restore points for Target Systems.

Warranty; Limitation of Liability. Chobani represents Risk of Use and warrants to Customer thatIndemnity THE DS OFFERINGS ARE MADE AVAILABLE ON AN "AS IS" BASIS, as of the date of shipment (a) Chobani has the right to convey good title to ProductsAND, (b) the Product is not adulterated or misbranded within the meaning of the Federal FoodTO THE EXTENT PERMITTED BY APPLICABLE LAW, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerce. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTSNON-INFRINGEMENT. IN DS AND ITS LICENSORS SHALL HAVE NO EVENT SHALL CHOBANI BE LIABLE TO CUSTOMER OR ANY THIRD PARTY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES CLAIMS FOR LOSS OF BUSINESS, LOST PROFITS, DAMAGE BUSINESS INTERRUPTION AND LOSS OF DATA, THAT IN ANY WAY RELATE TO GOODWILL THIS AGREEMENT, ANY DS OFFERING, DOCUMENTATION OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGESSERVICES, 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 NOT DS HAS BEEN ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGESDAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. CUSTOMER'S USE OF DS OFFERINGS SHALL BE AT CUSTOMER'S SOLE RISK. CUSTOMER ASSUMES SHALL INDEMNIFY AND HOLD DS AND ITS LICENSORS HARMLESS FROM ANY AND ALL RISKS AND LIABILITIES FOR ANY LOSSLIABILITY OR EXPENSE, DAMAGE INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF THIS AGREEMENT OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE CUSTOMER’S USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSDS OFFERINGS UNDER THIS AGREEMENT.

Warranty; Limitation of Liability. Chobani DSRMC represents that it will provide or cause the Services to be provided to the Entities with reasonable care and warrants to Customer thatin accordance with all applicable laws, as of the date of shipment (a) Chobani has the right to convey good title to Productsrules, (b) the Product is not adulterated or misbranded within the meaning and regulations, including without limitation those of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerceEnergy Regulatory Commission. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCESENTENCE AND IN SECTION 3, CHOBANI ALL PRODUCTS OBTAINED FOR THE ENTITIES ARE AS IS, WHERE IS, WITH ALL FAULTS. DSRMC MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL WARRANTIES OF ANY KINDALL) REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR THE ENTITIES. FURTHERMORE, THE ENTITIES MAY NOT RELY UPON ANY REPRESENTATION OR NONINFRINGEMENT 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 PARTNERSHIP ENTITIES. HOWEVER, 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 INTELLECTUAL PROPERTY RIGHTSPROVIDERS 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 CHOBANI DSRMC BE LIABLE TO CUSTOMER THE ENTITIES OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM 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. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO DSRMC OR ITS AFFILIATE FOR SERVICES UNDER AN OUTSOURCING OR OTHER AGREEMENT, THE ENTITIES AGREE TO BE BOUND BY SUCH LIMITATION OF LIABILITY FOR ANY CONSEQUENTIAL PRODUCT OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, DAMAGE SERVICE PROVIDED TO GOODWILL THE ENTITIES BY SUCH THIRD PARTY PROVIDER UNDER DSRMC'S 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. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSAFFILIATE'S AGREEMENT.

Warranty; Limitation of Liability. Chobani represents and warrants to Customer thatThere are no express or implied warranties for value added services, as of services bundled with the date of shipment (a) Chobani has prod- ucts, or other services provided by the right to convey good title to ProductsCompany. COPIES OF THE MANUFACTURERS’ WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING THE COMPANY. THE COMPANY MAKES NO OTHER WARRANTIES WHATSOEVER, (b) the Product is not adulterated or misbranded within the meaning of the Federal FoodWHETHER EXPRESS OR IMPLIED BY LAW, DrugCOURSE OF DEALING, and Cosmetic ActCOURSE OF PERFORMANCE, and (c) the Product is not an article which may not be introduced into interstate commerce. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCEUSAGE OF TRADE OR OTHERWISE, CHOBANI HEREBY DISCLAIMS AND ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIEDOTHER WAR- RANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY 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 NONINFRINGEMENT 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, INSTALLATION, COMMISSIONING, USE OR MAINTENANCE OF THIRD PARTY INTELLECTUAL 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 ANY MANNER WITH THE SUPPLYING OF ANY PRODUCTS OR SERVICES 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 RIGHTS. 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 (B) IN NO EVENT SHALL CHOBANI THE COMPANY BE LIABLE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR 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, INCIDENTAL, INDIRECT PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING OUT INCLUDING BUT NOT LIMITED TO LOSS OF BREACH OF CONTRACTPROFITS, WARRANTYREVENUES, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCESALES, FAILURE TO WARN DATA, BUSINESS, GOODWILL OR STRICT LIABILITY)USE, CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISEDIMINUTION IN VALUE, EVEN IF CHOBANI THE COM- PANY HAS BEEN ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, LOSS OR DAMAGE OR INJURY TO PERSONS IF SUCH LOSS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE DAMAGE COULD HAVE BEEN REASONABLY FORESEEN BY COMPANY, IN EACH CASE, REGARDLESS OF THE PRODUCTSLEGAL OR EQUITABLE THEORY (CONTRACT, EITHER ALONE TORT OR IN COMBINATION WITH OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER PRODUCTSREMEDY OF ITS ESSENTIAL PURPOSE. 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 against the Company must be instituted within 1 year from the date of pur- chase or provision of the 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 advice or assistance will not subject the Company to any liability, whether based on contract, warranty, tort (including negligence) or other grounds. PRODUCTS MANUFACTURED BY A THIRD PARTY MAY CONSTITUTE, CONTAIN, 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. Chobani represents and Neither Infogroup nor any of its information or service providers assures or warrants to Customer thator assumes any liability for the correctness, as comprehensiveness or completeness of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not any Product. The Products are provided on an article which may not be introduced into interstate commerce“AS IS” basis. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KINDINFOGROUP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING TO CLIENT OR TO ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION LIMITATION, ANY WARRANTY OF WARRANTIES REGARDING THE MERCHANTABILITY, SUITABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OTHERWISE, OR NONINFRINGEMENT RESULTS TO BE DERIVED FROM THE USE OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTSANY LICENSED DATA, PRODUCTS, SOFTWARE OR OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT. IN NO EVENT NEITHER INFOGROUP NOR ITS SUPPLIERS SHALL CHOBANI BE LIABLE TO CUSTOMER CLIENT OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESSINDIRECT, LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OR EXEMPLARY DAMAGES"COSTS OF COVER" (INCLUDING, WHETHER ARISING WITHOUT LIMITATION, COSTS OF PROCURING SUBSTITUTE PRODUCTS) WHICH ARISE OUT OF BREACH OF CONTRACTTHE PURCHASE, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE TO WARN SALE AND/OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISE, EVEN IF CHOBANI HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE INCLUDING, WITHOUT LIMITATION, ANY OF SUCH DAMAGES ARISING OUT OF OR IN COMBINATION 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 PRODUCTSTHEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. Client further acknowledges that Infogroup’s maximum aggregate liability to Client under any legal theory (including negligence) for damages arising directly or indirectly out of the licenses granted herein and/or use of the Products will not in any event exceed an amount equal to the Fees actually paid by Client for the affected Product for the twelve (12)-month period immediately preceding the claim.

Warranty; Limitation of Liability. Chobani represents and warrants to Customer that, Products are sold by the Company with such warranties as may be extended by the manufacturer of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drugproduct(s), and Cosmetic Actthere are no warranties for value added services, and (c) services bundled with the Product is not an article which may not be introduced into interstate commerceproducts, or other services provided by the Company. EXCEPT AS EXPRESSLY SET FORTH IN COPIES OF THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS 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 ANY KIND, EXPRESS MERCHANTABILITY OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE 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 modified after delivery by the Company. THE 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, OR NONINFRINGEMENT THE SALE, RESALE, OPERATION OR USE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF 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 THIRD PARTY INTELLECTUAL PROPERTY RIGHTSCAUSE OR FAULT. IN NO EVENT SHALL CHOBANI THE COMPANY BE LIABLE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHATSOEVER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, SALES, DATA, 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 OTHERWISEUSE, EVEN IF CHOBANI THE COMPANY HAS BEEN ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. CUSTOMER ASSUMES ALL RISKS THE PARTIES AGREE THAT WITHOUT THIS LIMITATION OF LIABILITY THE COMPANY WOULD NOT HAVE AGREED TO THE PRICE OR TERMS AND LIABILITIES FOR ANY LOSSCONDITIONS 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 against the Company must be instituted within 1 year from the date of purchase or provision of the products or services. If the Company provides Customer with advice, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTStraining, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSapplications 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 advice or assistance will not subject the Company to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.

Warranty; Limitation of Liability. Chobani represents and warrants to Customer that, Products are sold by the Company with such warranties as may be extended by the manufacturer of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drugproduct(s), and Cosmetic Actthere are no warranties for value added services, and (c) services bundled with the Product is not an article which may not be introduced into interstate commerceproducts, or other services provided by the Company. EXCEPT AS EXPRESSLY SET FORTH IN COPIES OF THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS 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 ANY KIND, EXPRESS MERCHANTABILITY OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE 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 modified after delivery by the Company. THE 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, OR NONINFRINGEMENT THE SALE, RESALE, OPERATION OR USE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE xxxxxx.xxx 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 THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IN CAUSE OR XXXXX.XX NO EVENT SHALL CHOBANI THE COMPANY BE LIABLE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHATSOEVER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, SALES, DATA, 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 OTHERWISEUSE, EVEN IF CHOBANI THE COMPANY HAS BEEN ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. CUSTOMER ASSUMES ALL RISKS THE PARTIES AGREE THAT WITHOUT THIS LIMITATION OF LIABILITY THE COMPANY WOULD NOT HAVE AGREED TO THE PRICE OR TERMS AND LIABILITIES FOR ANY LOSSCONDITIONS 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 against the Company must be instituted within 1 year from the date of purchase or provision of the products or services. If the Company provides Customer with advice, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTStraining, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSapplications 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 advice or assistance will not subject the Company to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.

Warranty; Limitation of Liability. Chobani represents and warrants to Customer thatSFI WARRANTS THAT THE PRODUCT IS MANUFACTURED IN ACCORDANCE WITH GOOD MANUFACTURING PRACTICES. OTHERWISE, as of the date of shipment (a) Chobani has the right to convey good title to ProductsSFI MAKES NO WARRANTIES WHATSOEVER, (b) the Product is not adulterated or misbranded within the meaning of the Federal FoodAND PRODUCT IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES WHATSOEVER, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerce. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ANY OTHER STATUTORY OR COMMON LAW WARRANTY. Without limiting the foregoing, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTSit is HCP’s sole responsibility to independently evaluate the accuracy, correctness, appropriateness, or completeness of the Product for use or resale. IN NO EVENT EXCEPT AS EXPLICITLY SET FORTH HEREIN, SFI SHALL CHOBANI NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESSINDIRECT, LOST PROFITSINCIDENTAL, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTALPUNITIVE, CONSEQUENTIAL, SPECIALEXEMPLARY OR SPECIAL DAMAGES WHATSOEVER, PUNITIVE INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING FROM OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE RELATING TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISETHE PRODUCT, EVEN IF CHOBANI SFI HAS BEEN ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES SFI’S TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AMOUNT PAID BY HCP FOR ANY LOSSTHE PRODUCT AT ISSUE, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM IF NO PRODUCT IS AT ISSUE, IN THE USE OR SUBSEQUENT SALE OF 12 MONTHS PRECEDING THE PRODUCTSCLAIM. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Accordingly, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSsome or all of the above disclaimers, exclusions or limitations may not apply.

Warranty; Limitation of Liability. Chobani represents and warrants to Customer that, as of the date of shipment 9.01 (a) Chobani has Each Product comes with a limited express warranty. ROUSH warrants Product in accordance with the applicable limited express warranty that may accompany Product, or be found on XXXXX’x sales literature for the Product, or the Xxxxxxxxxxxxxx.xxx website. ROUSH reserves the right to convey good title modify the limited express warranty for any Product at any time and from time to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commercetime without prior notice to Installation Center. EXCEPT AS EXPRESSLY SET FORTH XXXXX’X LIMITED EXPRESS WARRANTY FOR PRODUCT IS IN LIEU OF AND TO THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS ANY AND EXCEPTION OF ALL WARRANTIES OF ANY KINDOTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY INCLUDING, BUT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AGAINST CLAIMS OF INFRINGEMENT, AND ANY OTHER OBLIGATION ON THE PART OF ROUSH WITH RESPECT TO THE PRODUCT SOLD TO SERVICE CENTER HEREUNDER; ALL WARRANTIES ARE EXTENDED ONLY TO SERVICE CENTER’S CUSTOMERS. SERVICE CENTER HAS THE RIGHT TO PASS THE ROUSH 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 NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT ITS EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL CHOBANI BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR 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 CONSTITUTE A MATERIAL BREACH OF CONTRACTTHIS AGREEMENT. SERVICE CENTER AGREES IT SHALL NOT, WARRANTYAND IT SHALL CAUSE ITS EMPLOYEES, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCEREPRESENTATIVES AND AGENTS NOT TO, FAILURE MAKE OR EXPAND UPON ROUSH PRODUCT REPRESENTATIONS AND WARRANTIES TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISE, EVEN IF CHOBANI HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS.SERVICE CENTER’S

Warranty; Limitation of Liability. Chobani represents and Neither infoUSA nor any of its information or service providers assures or warrants to Customer thator assumes any liability for the correctness, as comprehensiveness or completeness of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not any Product. The Products are provided on an article which may not be introduced into interstate commerce"AS IS" basis. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KINDINFOUSA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING TO CLIENT OR TO ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION LIMITATION, ANY WARRANTY OF WARRANTIES REGARDING THE MERCHANTABILITY, SUITABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OTHERWISE, OR NONINFRINGEMENT RESULTS TO BE DERIVED FROM THE USE OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTSANY LICENSED DATA, PRODUCTS, SOFTWARE OR OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT. IN NO EVENT NEITHER INFOUSA NOR ITS SUPPLIERS SHALL CHOBANI BE LIABLE TO CUSTOMER CLIENT OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESSINDIRECT, LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OR EXEMPLARY DAMAGES"COSTS OF COVER" (INCLUDING, WHETHER ARISING WITHOUT LIMITATION, COSTS OF PROCURING SUBSTITUTE PRODUCTS) WHICH ARISE OUT OF BREACH OF CONTRACTTHE PURCHASE, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE TO WARN SALE AND/OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISE, EVEN IF CHOBANI HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE INCLUDING, WITHOUT LIMITATION, ANY OF SUCH DAMAGES ARISING OUT OF OR IN COMBINATION 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 PRODUCTSTHEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. 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 licenses granted herein and/or use of the Products will not in any event exceed an amount equal to the Fees actually paid by Client for the affected Product far the twelve (12)-month period immediately preceding the claim.

Warranty; Limitation of Liability. Chobani represents Risk of Use and warrants to Customer thatIndemnity THE DS OFFERINGS ARE MADE AVAILABLE ON AN "AS IS" BASIS, as of the date of shipment (a) Chobani has the right to convey good title to ProductsAND, (b) the Product is not adulterated or misbranded within the meaning of the Federal FoodTO THE EXTENT PERMITTED BY APPLICABLE LAW, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerce. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTSNON-INFRINGEMENT. IN DS AND ITS LICENSORS SHALL HAVE NO EVENT SHALL CHOBANI BE LIABLE TO CUSTOMER OR ANY THIRD PARTY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES CLAIMS FOR LOSS OF BUSINESS, LOST PROFITS, DAMAGE BUSINESS INTERRUPTION AND LOSS OF DATA, THAT IN ANY WAY RELATE TO GOODWILL THIS AGREEMENT, ANY DS OFFERING, DOCUMENTATION OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGESSERVICES, 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 NOT DS HAS BEEN ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGESDAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. CUSTOMER'S USE OF DS OFFERINGS SHALL BE AT CUSTOMER'S SOLE RISK. CUSTOMER ASSUMES SHALL INDEMNIFY AND HOLD DS AND ITS LICENSORS HARMLESS FROM ANY AND ALL RISKS AND LIABILITIES FOR ANY LOSSLIABILITY OR EXPENSE, DAMAGE INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF THIS AGREEMENT OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE CUSTOMER’S USE OR SUBSEQUENT SALE OF THE PRODUCTSDS OFFERINGS UNDER THIS AGREEMENT. Customer undertakes to abstain from, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSand shall ensure that all Users abstain from, processing, storing or uploading on its data sharing environment any confidential information or confidential data. DS may destroy Customer Data without notice upon expiration or termination of this Agreement.

Warranty; Limitation of Liability. Chobani represents and warrants to Customer thatALL PRODUCTS OBTAINED FOR THE REFERENCED SUBSIDIARIES ARE AS IS, as of the date of shipment (a) Chobani has the right to convey good title to ProductsWHERE IS, (b) the Product is not adulterated or misbranded within the meaning of the Federal FoodAS TO MMWW, DrugWITH ALL FAULTS, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerceOTHER THAN FAULTS DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF MMWW. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS NEITHER MMWW NOR ANY AND ALL MMWW SUBSIDIARY PERFORMING ANY SERVICES HEREUNDER MAKE ANY WARRANTIES OF ANY KINDOR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY THE WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE SERVICES RENDERED FOR OR PRODUCTS OBTAINED FOR THE REFERENCED SUBSIDIARIES, INCLUDING WITHOUT LIMITATION THOSE RENDERED BY OR NONINFRINGEMENT OF OBTAINED FROM A THIRD PARTY. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT A WARRANTY PROVIDED BY A THIRD PARTY INTELLECTUAL PROPERTY RIGHTSMANUFACTURER OR PROVIDER OF GOODS OR SERVICES TO MMWW OR ITS SUBSIDIARIES CAN BE PASSED-ON TO THE REFERENCED SUBSIDIARIES, NOTHING HEREIN IS INTENDED TO LIMIT SAME AND THE REFERENCED SUBSIDIARIES SHALL HAVE THE RIGHT TO THE BENEFITS (SUBJECT TO THE TERMS AND CONDITIONS THEREOF) OF ALL SUCH THIRD PARTY WARRANTIES. IN NO EVENT SHALL CHOBANI MMWW OR THE REFERENCED SUBSIDIARIES BE LIABLE TO CUSTOMER THE OTHER PARTY OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, REGARDLESS OF FAULT. TO THE EXTENT ANY THIRD PARTY HAS LIMITED ITS LIABILITY TO MMWW FOR SERVICES UNDER AN OUTSOURCING OR OTHER AGREEMENT, THE REFERENCED SUBSIDIARIES AGREE TO BE BOUND BY SUCH LIMITATION OF LIABILITY FOR ANY CONSEQUENTIAL PRODUCT OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, DAMAGE SERVICE PROVIDED 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 MMWW BY SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSTHIRD PARTY UNDER SUCH AGREEMENT.

Warranty; Limitation of Liability. Chobani represents and warrants to Customer that, as of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerce. EXCEPT AS EXPRESSLY THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESSED, IMPLIED OR STATUTORY. TO THE IMMEDIATELY PRECEDING SENTENCEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHOBANI HEREBY FIERY LLC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES IMPLIED WARRANTY OR CONDITION OF ANY KINDSECURITY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTSRIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NO FIERY DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHOBANI FIERY BE LIABLE TO CUSTOMER FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY, OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESSOTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATIONDOWNTIME, GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE, LOSS OF BUSINESS INFORMATION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER INDIRECT COMMERCIAL OR PECUNIARY LOSS DAMAGES 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. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM LOSSES OCCASIONED BY THE USE OF OR SUBSEQUENT SALE INABLILITY TO USE THE FIERY SOFTWARE. DAMAGE TO OR REPLACEMENT OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS.EQUIPMENT AND

Warranty; Limitation of Liability. Chobani represents and warrants to Customer thatLessor's liability arising out of delays in installation, as commencement or restoration of the date Service to be provided under this Lease or out of shipment (a) Chobani has mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission in the right to convey good title to Products, (b) provision of Service hereunder shall in no event exceed the Product is not adulterated or misbranded within the meaning amount of the Federal Foodallowance, Drugif any, and Cosmetic Actavailable under Section 7 hereof. Without limiting the foregoing, and (c) the Product is not an article which may not be introduced into interstate commerceLessor shall --------- have no obligation to provide alternative routing with respect to any Service provided pursuant to this lease. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCESUBJECT TO SECTION 7, CHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL CHOBANI LESSOR BE LIABLE TO CUSTOMER THE LESSEE OR LESSEE'S CUSTOMERS OR CLIENTS OR TO ANY THIRD PARTY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESSDAMAGES, LOST PROFITSEITHER DIRECT, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTALINDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE INCIDENTAL, ACTUAL, PUNITIVE, OR EXEMPLARY ANY OTHER DAMAGES, WHETHER OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF BREACH MISTAKES, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTION, OR DEFECTS IN TRANSMISSION, OR DELAYS, INCLUDING THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES, ARISING OUT OF CONTRACTOR RELATING TO THIS LEASE OR THE OBLIGATIONS OF LESSOR PURSUANT TO THIS LEASE. EXCEPT AS SET FORTH IN SCHEDULE 5 OR IN SECTION 5 HEREOF, LESSOR MAKES NO WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCEWHETHER EXPRESS, FAILURE --------- IMPLIED, OR STATUTORY, AS TO WARN THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISE, EVEN IF CHOBANI HAS BEEN ADVISED FITNESS FOR ANY PURPOSE OF THE LIKELIHOOD SERVICE, OR THE LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF SUCH DAMAGESWHICH WARRANTIES BY LESSOR ARE HEREBY EXCLUDED AND DISCLAIMED. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSSEE SCHEDULE 5 WHERE INDUSTRY STANDARDS ARE DETAILED.

Warranty; Limitation of Liability. Chobani represents and warrants to Customer thatDUTY TO MITIGATE, as of the date of shipment (a) Chobani has the right to convey good title to ProductsAND INDEMNIFICATION 16.1 FOR BOTH MINN-DAK FARMERS COOPERATIVE AND ENSERCO ENERGY INC., (b) the Product is not adulterated or misbranded within the meaning of the Federal FoodA BREACH OF ANY PROVISION HEREUNDER FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerceSUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. EXCEPT A PARTY’S LIABILITY HEREUNDER SHALL BE LIMITED AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCESUCH PROVISION, CHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE HEREBY WAIVED. IF NO REMEDY OR MEASURE OF ANY KINDDAMAGES IS EXPRESSLY PROVIDED HEREIN, EXPRESS A PARTY’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR IMPLIEDDAMAGES AT LAW OR IN EQUITY ARE HEREBY WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL CHOBANI EITHER PARTY BE LIABLE TO CUSTOMER OR ANY THIRD THE OTHER PARTY FOR ANY CONSEQUENTIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESSDAMAGES, LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS PROFITS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY BUSINESS INTERRUPTION DAMAGES, WHETHER ARISING OUT OF BREACH OF BY STATUTE, IN TORT OR CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION UNDER ANY INDEMNITY PROVISION OR OTHERWISE, EVEN IF CHOBANI HAS BEEN ADVISED . IT IS THE INTENT OF THE LIKELIHOOD PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH DAMAGESNEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. CUSTOMER ASSUMES ALL RISKS TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE PRODUCTS, EITHER ALONE HARM OR IN COMBINATION WITH OTHER PRODUCTSLOSS.

Warranty; Limitation of Liability. Chobani represents and warrants to Customer thatEACH PARTY WARRANTS THAT THE SERVICES IT PROVIDES UNDER THIS AGREEMENT WILL BE PROVIDED IN A PROFESSIONAL MANNER AND TO THE REASONABLE SATISFACTION OF THE RECEIVING PARTY. ADDITIONALLY, as of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerceEACH PARTY WARRANTS THAT THE INFORMATION IT PROVIDES UNDER THIS AGREEMENT WILL BE PROVIDED IN A PROFESSIONAL MANNER. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THE IMMEDIATELY PRECEDING SENTENCESENTENCES OR AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT OR AN EQUIPMENT LISTING FORM, CHOBANI HEREBY DISCLAIMS ANY ALL SERVICES AND ALL INFORMATION PROVIDED BY OR THROUGH THIS AGREEMENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION ANY WARRANTY LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT FOR EITHER PARTY’S BREACH OF THE LICENSES GRANTED TO THE INFORMATION IN SECTION 6.3 OR SECTION 8 OF THIS AGREEMENT, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL CHOBANI EITHER PARTY BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR INDIRECT DAMAGES WHATSOEVER TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE, PROFITS, OR BUSINESS, LOST PROFITS, DAMAGE TO ANY LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE COST OF REPLACEMENT GOODS AND/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 OTHERWISESERVICES, EVEN IF CHOBANI IT HAS BEEN ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS.​

Warranty; Limitation of Liability. Chobani represents and warrants to Customer thatEACH PARTY WARRANTS THAT THE SERVICES IT PROVIDES UNDER THIS AGREEMENT WILL BE PROVIDED IN A PROFESSIONAL MANNER AND TO THE REASONABLE SATISFACTION OF THE RECEIVING PARTY. ADDITIONALLY, as of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerceEACH PARTY WARRANTS THAT THE INFORMATION IT PROVIDES UNDER THIS AGREEMENT WILL BE PROVIDED IN A PROFESSIONAL MANNER. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN THE IMMEDIATELY PRECEDING SENTENCESENTENCES OR AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT OR AN EQUIPMENT LISTING FORM, CHOBANI HEREBY DISCLAIMS ANY ALL SERVICES AND ALL INFORMATION PROVIDED BY OR THROUGH THIS AGREEMENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION ANY WARRANTY LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT FOR Either party’s BREACH OF THE LICENSES GRANTED TO THE INFORMATION IN SECTION 6.3 or Section 8 of this Agreement, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL CHOBANI EITHER PARTY BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR INDIRECT DAMAGES WHATSOEVER TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE, PROFITS, OR BUSINESS, LOST PROFITS, DAMAGE TO ANY LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE COST OF REPLACEMENT GOODS AND/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 OTHERWISESERVICES, EVEN IF CHOBANI IT HAS BEEN ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS.

Warranty; Limitation of Liability. Chobani represents and warrants to Customer thatTO THE FULLEST EXTENT OF THE LAW, as of the date of shipment AXXXXX MAKES NO WARRANTIES (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerce. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS ANY AND ALL INCLUDING IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGMENT), GUARANTIES, REPRESENTATIONS, EXPRESS, IMPLIED, ORAL OR NONINFRINGEMENT OTHERWISE, OTHER THAN EXPRESSLY SET FORTH HEREIN, WHETHER UNDER THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE GENERALITY OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTSTHE FOREGOING, ADCAFE DOES NOT WARRANT OR GUARANTY CONVERSION RATES, RESPONSE RATES ON INTERNET TRAFFIC DELIVERED OR PROVIDED BY COMPANY OR ITS AFFILIATES. IN NO EVENT SHALL CHOBANI ADCAFE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY RESPONSIBLE FOR ANY CONSEQUENTIAL OR 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 DAMAGESOTHER INDIRECT DAMAGES INDCLUDING, WHETHER WITHOUT LIMITATION, LOST REVENUE OR PROFITS, IN ANY WAY ARISING OUT OF BREACH OF CONTRACTOR RELATED TO THE AGREEMENT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE TO WARN IO OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISEADCAFE’S PERFORMANCE HEREUNDER, EVEN IF CHOBANI THE AFFECTED PARTY HAS BEEN ADVISED OF THE LIKELIHOOD POSSIBLITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ADCAFE WILL NOT BE LIABLE, OR CONSIDERED IN BREACH OF THIS AGREEMENT, ON ACCOUNT OF ANY LOSSDELAY OR FAILURE TO PERFORM UNDER THIS AGREEMENT AND/OR IO AS A RESULT OF CAUSES OR CONDITIONS THAT ARE BEYOND ADCAFE’S CONTROL. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, DAMAGE OR INJURY ADCAFE’S LIABILITY UNDER ANY CAUSE OF ACTION SHALL BE LIMITED TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSAMOUNTS PAID TO ADCAFE BY COMPANY PURUSANT TO THIS AGREEMENT.