Common use of Warranty Limitation Clause in Contracts

Warranty Limitation. (a) BROCADE WARRANTS AND REPRESENTS TO THE OEM THAT THE PRODUCTS DELIVERED TO OEM BY BROCADE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH BROCADE'S PUBLISHED PRODUCT SPECIFICATIONS FOR A PERIOD OF [*] FROM THE DATE OF SHIPMENT ("WARRANTY PERIOD"). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BROCADE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY PROVIDES THE OEM WITH SPECIFIC LEGAL RIGHTS IN ADDITION TO OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. (b) During the Warranty Period Brocade shall, at its sole option and expense, repair or replace any hardware Product, or part or component thereof, which Brocade determines was defective in material or workmanship. Products shipped as exchanged units under this Section 11, (i) may be newly manufactured, (ii) may be assembled from new or serviceable used parts that are equivalent to new parts in performance, or (iii) may have been previously installed, but in other respects meets the Product specifications. (c) OEM shall request and receive an RMA number, which shall be issued by Brocade within two (2) business days of OEM's request, for repair of Product prior to return for repair. OEM shall use reasonable commercial efforts to return Product with defects covered by the foregoing warranty to Brocade, [*] pursuant to the shipping and other requirements specified by Brocade in its RMA, within [*] of issuance of the RMA number. Brocade shall use reasonable commercial efforts to ship repaired/replacement Product * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. within [*] but in no event later than [*] of receipt of the defective units. Repair or replacement of the Product does not extend the Warranty Period. (d) OEM's sole and exclusive remedy for breach of any of the foregoing warranties shall be to seek repair or replacement of the affected Product, and, if such repair or replacement is not effected after reasonable notice and opportunity for remedial action by Brocade, to obtain repayment of any amounts paid to Brocade for that Product. (e) This warranty does not apply to any Product which (i) has been altered, except by Brocade or at Brocade's direction, (ii) has been improperly handled, installed, operated or packaged, or (iii) has been damaged by accident, misuse, negligence, or external factors such as failure or fluctuation of electrical power or air conditioning which subjects Products to conditions beyond their specification, fire, flood, or failures induced by interconnection with non-Brocade products. (f) During the Term of this Agreement, any repair or reconditioning of any Product not covered by warranty shall be subject to Brocade's then standard out of warranty prices, terms, and conditions. (g) Brocade and OEM agree to work together to minimize no-trouble-found (NTF) returns to Brocade by identifying and correcting the root cause. If the NTF returns exceed 5% of all returns, and if OEM is not participative or effective at problem resolution, and Brocade gives OEM thirty day written notice, Brocade may invoke the NTF charges as defined in Exhibit B.

Warranty Limitation. The foregoing warranty and conditions shall apply only to any repaired or replaced product, part, or component supplied by Contractor, together with the workmanship as provided herein: (a) BROCADE WARRANTS Contractor warrants that under normal conditions of use and operation, the Services furnished pursuant to this Agreement shall be free from defects in workmanship and that the parts furnished pursuant to this Agreement shall be free from defects in workmanship and material. (b) Contractor's obligation under this warranty is limited to the repair or replacement, at its option, of any part that, within ninety (90) days after installation and acceptance, is established by Contractor not to be in conformity with the Equipment manufacturer's published specifications. Contractor further warrants that its Services rendered pursuant to this Agreement shall be free of defects in workmanship for ninety (90) days after performance of Services, but Contractor's obligation shall be limited to correction of the defective workmanship. (c) EXCEPT AS IS EXPRESSLY STATED HEREIN, THE FOREGOING WARRANTIES ARE EXCLUSIVE AND REPRESENTS TO THE OEM THAT THE PRODUCTS DELIVERED TO OEM BY BROCADE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH BROCADE'S PUBLISHED PRODUCT SPECIFICATIONS FOR A PERIOD LIEU OF [*] FROM THE DATE OF SHIPMENT ("WARRANTY PERIOD"). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BROCADE DISCLAIMS ALL OTHER WARRANTIES, EITHER WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOINCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. , AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, EXCEPT SUCH AS IS EXPRESSLY STATED IN THIS LIMITED WARRANTY PROVIDES THE OEM WITH SPECIFIC LEGAL RIGHTS IN ADDITION TO OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. (b) During the Warranty Period Brocade shall, at its sole option and expense, repair or replace any hardware Product, or part or component thereof, which Brocade determines was defective in material or workmanship. Products shipped as exchanged units under this Section 11, (i) may be newly manufactured, (ii) may be assembled from new or serviceable used parts that are equivalent to new parts in performance, or (iii) may have been previously installed, but in other respects meets the Product specifications. (c) OEM shall request and receive an RMA number, which shall be issued by Brocade within two (2) business days of OEM's request, for repair of Product prior to return for repair. OEM shall use reasonable commercial efforts to return Product with defects covered by the foregoing warranty to Brocade, [*] pursuant to the shipping and other requirements specified by Brocade in its RMA, within [*] of issuance of the RMA number. Brocade shall use reasonable commercial efforts to ship repaired/replacement Product * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. within [*] but in no event later than [*] of receipt of the defective units. Repair or replacement of the Product does not extend the Warranty PeriodWARRANTY. (d) OEM's Customer agrees that the sole and exclusive remedy remedies for the breach of any warranties contained in this Agreements are those expressly stated in this provision. Customer further agrees that in no event shall the Contractor's liability to Customer for damages of any nature exceed the total charges paid or payable for either (1) the total charges paid or payable for all Services during one (1) year under this Agreement if the liability arises from the provision of such Services; or (2) the purchase price of the foregoing warranties shall be to seek repair or replacement parts if the liability results from the provision of the affected Product, and, if such repair or replacement is not effected after reasonable notice and opportunity for remedial action by Brocade, to obtain repayment of any amounts paid to Brocade for that Productparts. (e) This warranty does not apply to any Product which (i) has been altered, except by Brocade or at Brocade's direction, (ii) has been improperly handled, installed, operated or packaged, or (iii) has been damaged by accident, misuse, negligence, or external factors such as failure or fluctuation of electrical power or air conditioning which subjects Products to conditions beyond their specification, fire, flood, or failures induced by interconnection with non-Brocade products. (f) During the Term of this Agreement, any repair or reconditioning of any Product not covered by warranty shall be subject to Brocade's then standard out of warranty prices, terms, and conditions. (g) Brocade and OEM agree to work together to minimize no-trouble-found (NTF) returns to Brocade by identifying and correcting the root cause. If the NTF returns exceed 5% of all returns, and if OEM is not participative or effective at problem resolution, and Brocade gives OEM thirty day written notice, Brocade may invoke the NTF charges as defined in Exhibit B.

Warranty Limitation. (a) BROCADE WARRANTS AND REPRESENTS TO THE OEM THAT THE PRODUCTS DELIVERED TO OEM BY BROCADE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH BROCADE'S PUBLISHED PRODUCT SPECIFICATIONS FOR A PERIOD OF [*] FROM THE DATE OF SHIPMENT The limited warranties set forth in Section 5.6 will be void as to, and shall not apply to, any Equipment ("WARRANTY PERIOD")i) repaired, altered or improperly installed by any person other than SIEMENS or its authorized representative; (ii) which the CLIENT or a third party subjects to unreasonable or improper use or storage, uses beyond rated conditions, operates other than per SIEMENS’s or the manufacturer’s instructions, or otherwise subjects to improper maintenance, negligence or accident; (iii) damaged because of any use of the Equipment after the CLIENT has, or should have had, knowledge of any defect in the Equipment; or (iv) not manufactured, fabricated and assembled by SIEMENS or not bearing SIEMENS’s nameplate. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWHowever, BROCADE DISCLAIMS ALL OTHER WARRANTIESSIEMENS assigns to the CLIENT, EITHER EXPRESS OR IMPLIEDwithout recourse, INCLUDING BUT NOT LIMITED TOany and all assignable warranties available from any manufacturer, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY PROVIDES THE OEM WITH SPECIFIC LEGAL RIGHTS IN ADDITION TO OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATEsupplier, or subcontractor of such Equipment. (b) During Any claim under the Warranty Period Brocade shalllimited warranty granted above must be made in writing to SIEMENS within thirty (30) days after discovery of the claimed defect unless discovered directly by SIEMENS. Such limited warranty only extends to the CLIENT and not to any subsequent owner of the Equipment. The CLIENT’s sole and exclusive remedy for any Equipment or Services not conforming with this limited warranty is limited to, at its sole option and expense, repair or replace any hardware Product, or part or component thereof, which Brocade determines was defective in material or workmanship. Products shipped as exchanged units under this Section 11, SIEMENS’s option: (i) may be newly manufactured, repair or replacement of defective components of covered Equipment; (ii) may be assembled from new or serviceable used parts that are equivalent to new parts in performance, re-performance of the defective portion of the Services; or (iii) may have been to the extent previously installedpaid and itemized, but in other respects meets the Product specificationsissuance of a credit or refund for the original purchase price of such defective component or portion of the Equipment or Services. (c) OEM SIEMENS shall request and receive an RMA number, which shall not be issued by Brocade within two (2required to repair or replace more than the component(s) business days of OEM's request, for repair of Product prior to return for repair. OEM shall use reasonable commercial efforts to return Product with defects covered by the foregoing warranty to Brocade, [*] pursuant to the shipping and other requirements specified by Brocade in its RMA, within [*] of issuance of the RMA number. Brocade shall use reasonable commercial efforts to ship repaired/replacement Product * Certain information on this page has been omitted and filed separately with Equipment or the Commission. Confidential treatment has been requested with respect to the omitted portions. within [*] but in no event later than [*] of receipt portion of the defective unitsWork and Services actually found to be defective. Repair SIEMENS’s warranty liability shall not exceed the purchase price of such item. Repaired or replacement replaced Equipment or Services will be warranted hereunder only for the remaining portion of the Product does not extend the Warranty Periodoriginal warranty period. (d) OEM's sole and exclusive remedy for breach of any of the foregoing warranties shall be to seek repair or replacement of the affected Product, and, if such repair or replacement is not effected after reasonable notice and opportunity for remedial action by Brocade, to obtain repayment of any amounts paid to Brocade for that Product. (e) This warranty does not apply to any Product which (i) has been altered, except by Brocade or at Brocade's direction, (ii) has been improperly handled, installed, operated or packaged, or (iii) has been damaged by accident, misuse, negligence, or external factors such as failure or fluctuation of electrical power or air conditioning which subjects Products to conditions beyond their specification, fire, flood, or failures induced by interconnection with non-Brocade products. (f) During the Term of this Agreement, any repair or reconditioning of any Product not covered by warranty shall be subject to Brocade's then standard out of warranty prices, terms, and conditions. (g) Brocade and OEM agree to work together to minimize no-trouble-found (NTF) returns to Brocade by identifying and correcting the root cause. If the NTF returns exceed 5% of all returns, and if OEM is not participative or effective at problem resolution, and Brocade gives OEM thirty day written notice, Brocade may invoke the NTF charges as defined in Exhibit B.

Warranty Limitation. (a) BROCADE WARRANTS AND REPRESENTS TO THE OEM THAT THE PRODUCTS DELIVERED TO OEM BY BROCADE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH BROCADE'S PUBLISHED PRODUCT SPECIFICATIONS FOR A PERIOD OF [*] FROM THE DATE OF SHIPMENT The limited warranties set forth in Section 5.7 will be void as to, and shall not apply to, any Equipment ("WARRANTY PERIOD")i) repaired, altered or improperly installed by any person other than SIEMENS or its authorized representative; (ii) which the CLIENT or a third party subjects to unreasonable or improper use or storage, uses beyond rated conditions, operates other than per SIEMENS or the manufacturer’s instructions, or otherwise subjects to improper maintenance, negligence or accident; (iii) damaged because of any use of the Equipment after the CLIENT has, or should have had, knowledge of any defect in the Equipment; or (iv) not manufactured, fabricated and assembled by SIEMENS or not bearing SIEMENS nameplate. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWHowever, BROCADE DISCLAIMS ALL OTHER WARRANTIESSIEMENS assigns to the CLIENT, EITHER EXPRESS OR IMPLIEDwithout recourse, INCLUDING BUT NOT LIMITED TOany and all assignable warranties available from any manufacturer, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY PROVIDES THE OEM WITH SPECIFIC LEGAL RIGHTS IN ADDITION TO OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATEsupplier, or subcontractor of such Equipment. (b) During Any claim under the Warranty Period Brocade shalllimited warranty granted above must be made in writing to SIEMENS within thirty (30) days after discovery of the claimed defect unless discovered directly by SIEMENS. Such limited warranty only extends to the CLIENT and not to any subsequent owner of the Equipment. The CLIENT’s sole and exclusive remedy for any Equipment or Services not conforming with this limited warranty is limited to, at its sole option and expense, repair or replace any hardware Product, or part or component thereof, which Brocade determines was defective in material or workmanship. Products shipped as exchanged units under this Section 11, SIEMENS’ option: (i) may be newly manufactured, repair or replacement of defective components of covered Equipment; (ii) may be assembled from new or serviceable used parts that are equivalent to new parts in performance, re-performance of the defective portion of the Services; or (iii) may have been to the extent previously installedpaid and itemized, but in other respects meets the Product specificationsissuance of a credit or refund for the original purchase price of such defective component or portion of the Equipment or Services. (c) OEM SIEMENS shall request and receive an RMA number, which shall not be issued by Brocade within two (2required to repair or replace more than the component(s) business days of OEM's request, for repair of Product prior to return for repair. OEM shall use reasonable commercial efforts to return Product with defects covered by the foregoing warranty to Brocade, [*] pursuant to the shipping and other requirements specified by Brocade in its RMA, within [*] of issuance of the RMA number. Brocade shall use reasonable commercial efforts to ship repaired/replacement Product * Certain information on this page has been omitted and filed separately with Equipment or the Commission. Confidential treatment has been requested with respect to the omitted portions. within [*] but in no event later than [*] of receipt portion of the defective unitsWork and Services actually found to be defective. Repair SIEMENS’ warranty liability shall not exceed the purchase price of such item. Repaired or replacement replaced Equipment or Services will be warranted hereunder only for the remaining portion of the Product does not extend the Warranty Periodoriginal warranty period. (d) OEM's sole and exclusive remedy for breach of any of the foregoing warranties shall be to seek repair or replacement of the affected Product, and, if such repair or replacement is not effected after reasonable notice and opportunity for remedial action by Brocade, to obtain repayment of any amounts paid to Brocade for that Product. (e) This warranty does not apply to any Product which (i) has been altered, except by Brocade or at Brocade's direction, (ii) has been improperly handled, installed, operated or packaged, or (iii) has been damaged by accident, misuse, negligence, or external factors such as failure or fluctuation of electrical power or air conditioning which subjects Products to conditions beyond their specification, fire, flood, or failures induced by interconnection with non-Brocade products. (f) During the Term of this Agreement, any repair or reconditioning of any Product not covered by warranty shall be subject to Brocade's then standard out of warranty prices, terms, and conditions. (g) Brocade and OEM agree to work together to minimize no-trouble-found (NTF) returns to Brocade by identifying and correcting the root cause. If the NTF returns exceed 5% of all returns, and if OEM is not participative or effective at problem resolution, and Brocade gives OEM thirty day written notice, Brocade may invoke the NTF charges as defined in Exhibit B.

Warranty Limitation. (a) BROCADE WARRANTS AND REPRESENTS TO THE OEM THAT THE PRODUCTS DELIVERED TO OEM BY BROCADE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH BROCADE'S PUBLISHED PRODUCT SPECIFICATIONS FOR A PERIOD OF [*] FROM THE DATE OF SHIPMENT The limited warranties set forth in Section 5.6 will be void as to, and shall not apply to, any Equipment ("WARRANTY PERIOD")i) repaired, altered or improperly installed by any person other than SIEMENS or its authorized representative; (ii) which the CLIENT or a third party subjects to unreasonable or improper use or storage, uses beyond rated conditions, operates other than per SIEMENS or the manufacturer’s instructions, or otherwise subjects to improper maintenance, negligence or accident; (iii) damaged because of any use of the Equipment after the CLIENT has, or should have had, knowledge of any defect in the Equipment; or (iv) not manufactured, fabricated and assembled by SIEMENS or not bearing SIEMENS nameplate. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWHowever, BROCADE DISCLAIMS ALL OTHER WARRANTIESSIEMENS assigns to the CLIENT, EITHER EXPRESS OR IMPLIEDwithout recourse, INCLUDING BUT NOT LIMITED TOany and all assignable warranties available from any manufacturer, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY PROVIDES THE OEM WITH SPECIFIC LEGAL RIGHTS IN ADDITION TO OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATEsupplier, or subcontractor of such Equipment. (b) During Any claim under the Warranty Period Brocade shalllimited warranty granted above must be made in writing to SIEMENS within thirty (30) days after discovery of the claimed defect unless discovered directly by SIEMENS. Such limited warranty only extends to the CLIENT and not to any subsequent owner of the Equipment. The CLIENT’s sole and exclusive remedy for any Equipment or Services not conforming with this limited warranty is limited to, at its sole option and expense, repair or replace any hardware Product, or part or component thereof, which Brocade determines was defective in material or workmanship. Products shipped as exchanged units under this Section 11, SIEMENS’ option: (i) may be newly manufactured, repair or replacement of defective components of covered Equipment; (ii) may be assembled from new or serviceable used parts that are equivalent to new parts in performance, re-performance of the defective portion of the Services; or (iii) may have been to the extent previously installedpaid and itemized, but in other respects meets the Product specificationsissuance of a credit or refund for the original purchase price of such defective component or portion of the Equipment or Services. (c) OEM SIEMENS shall request and receive an RMA number, which shall not be issued by Brocade within two (2required to repair or replace more than the component(s) business days of OEM's request, for repair of Product prior to return for repair. OEM shall use reasonable commercial efforts to return Product with defects covered by the foregoing warranty to Brocade, [*] pursuant to the shipping and other requirements specified by Brocade in its RMA, within [*] of issuance of the RMA number. Brocade shall use reasonable commercial efforts to ship repaired/replacement Product * Certain information on this page has been omitted and filed separately with Equipment or the Commission. Confidential treatment has been requested with respect to the omitted portions. within [*] but in no event later than [*] of receipt portion of the defective unitsWork and Services actually found to be defective. Repair SIEMENS’ warranty liability shall not exceed the purchase price of such item. Repaired or replacement replaced Equipment or Services will be warranted hereunder only for the remaining portion of the Product does not extend the Warranty Periodoriginal warranty period. (d) OEM's sole and exclusive remedy for breach of any of the foregoing warranties shall be to seek repair or replacement of the affected Product, and, if such repair or replacement is not effected after reasonable notice and opportunity for remedial action by Brocade, to obtain repayment of any amounts paid to Brocade for that Product. (e) This warranty does not apply to any Product which (i) has been altered, except by Brocade or at Brocade's direction, (ii) has been improperly handled, installed, operated or packaged, or (iii) has been damaged by accident, misuse, negligence, or external factors such as failure or fluctuation of electrical power or air conditioning which subjects Products to conditions beyond their specification, fire, flood, or failures induced by interconnection with non-Brocade products. (f) During the Term of this Agreement, any repair or reconditioning of any Product not covered by warranty shall be subject to Brocade's then standard out of warranty prices, terms, and conditions. (g) Brocade and OEM agree to work together to minimize no-trouble-found (NTF) returns to Brocade by identifying and correcting the root cause. If the NTF returns exceed 5% of all returns, and if OEM is not participative or effective at problem resolution, and Brocade gives OEM thirty day written notice, Brocade may invoke the NTF charges as defined in Exhibit B.

Warranty Limitation. The foregoing warranty and conditions shall apply only to any repaired or replaced product, part, or component supplied by Contractor, together with the workmanship as provided herein: (a) BROCADE WARRANTS Contractor warrants that under normal conditions of use and operation, the Services furnished pursuant to this Agreement shall be free from defects in workmanship and that the parts furnished pursuant to this Agreement shall be free from defects in workmanship and materia. (b) Contractor's obligation under this warranty is limited to the repair or replacement, at its option, of any part that, within ninety (90) days after installation and acceptance, is established by Contractor not to be in conformity with the Equipment manufacturer's published specifications. Contractor further warrants that its Services rendered pursuant to this Agreement shall be free of defects in workmanship for ninety (90) days after performance of Services, but Contractor's obligation shall be limited to correction of the defective workmanship. (c) EXCEPT AS IS EXPRESSLY STATED HEREIN, THE FOREGOING WARRANTIES ARE EXCLUSIVE AND REPRESENTS TO THE OEM THAT THE PRODUCTS DELIVERED TO OEM BY BROCADE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH BROCADE'S PUBLISHED PRODUCT SPECIFICATIONS FOR A PERIOD LIEU OF [*] FROM THE DATE OF SHIPMENT ("WARRANTY PERIOD"). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BROCADE DISCLAIMS ALL OTHER WARRANTIES, EITHER WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOINCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. , AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, EXCEPT SUCH AS IS EXPRESSLY STATED IN THIS LIMITED WARRANTY PROVIDES THE OEM WITH SPECIFIC LEGAL RIGHTS IN ADDITION TO OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. (b) During the Warranty Period Brocade shall, at its sole option and expense, repair or replace any hardware Product, or part or component thereof, which Brocade determines was defective in material or workmanship. Products shipped as exchanged units under this Section 11, (i) may be newly manufactured, (ii) may be assembled from new or serviceable used parts that are equivalent to new parts in performance, or (iii) may have been previously installed, but in other respects meets the Product specifications. (c) OEM shall request and receive an RMA number, which shall be issued by Brocade within two (2) business days of OEM's request, for repair of Product prior to return for repair. OEM shall use reasonable commercial efforts to return Product with defects covered by the foregoing warranty to Brocade, [*] pursuant to the shipping and other requirements specified by Brocade in its RMA, within [*] of issuance of the RMA number. Brocade shall use reasonable commercial efforts to ship repaired/replacement Product * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. within [*] but in no event later than [*] of receipt of the defective units. Repair or replacement of the Product does not extend the Warranty PeriodWARRANTY. (d) OEM's Customer agrees that the sole and exclusive remedy remedies for the breach of any warranties contained in this Agreement are those expressly stated in this provision. Customer further agrees that in no event shall Contractor's liability to Customer for damages of any nature exceed the total charges paid or payable for either (1) the total charges paid or payable for all Services during one (1) year under this Agreement if the liability arises from the provision of such Services; or (2) the purchase price of the foregoing warranties shall be to seek repair or replacement parts if the liability results from the provision of the affected Product, and, if such repair or replacement is not effected after reasonable notice and opportunity for remedial action by Brocade, to obtain repayment of any amounts paid to Brocade for that Productparts. (e) This warranty does not apply to any Product which (i) has been altered, except by Brocade or at Brocade's direction, (ii) has been improperly handled, installed, operated or packaged, or (iii) has been damaged by accident, misuse, negligence, or external factors such as failure or fluctuation of electrical power or air conditioning which subjects Products to conditions beyond their specification, fire, flood, or failures induced by interconnection with non-Brocade products. (f) During the Term of this Agreement, any repair or reconditioning of any Product not covered by warranty shall be subject to Brocade's then standard out of warranty prices, terms, and conditions. (g) Brocade and OEM agree to work together to minimize no-trouble-found (NTF) returns to Brocade by identifying and correcting the root cause. If the NTF returns exceed 5% of all returns, and if OEM is not participative or effective at problem resolution, and Brocade gives OEM thirty day written notice, Brocade may invoke the NTF charges as defined in Exhibit B.

Warranty Limitation. Except for those warranties expressly provided herein, you hereby acknowledge and agree that CapWize (aincluding Directors, managers, shareholders, Affiliates, Subsidiaries, officers, employees, agents, directors and independent contractors of CapWize) BROCADE WARRANTS has not made any other warranties, express or implied, concerning the Website, INFORMATION PROVIDED, or the INFORMATION, PRODUCTS OR SERVICES OFFERED ThRough THIS WEBSITE. THE WEBSITE AND REPRESENTS ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE OEM THAT THE PRODUCTS DELIVERED TO OEM YOU THROUGH THIS SITE ARE PROVIDED BY BROCADE WILL PERFORM SUBSTANTIALLY CapWize ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN ACCORDANCE WITH BROCADE'S PUBLISHED PRODUCT SPECIFICATIONS FOR A PERIOD OF [*] FROM THE DATE OF SHIPMENT ("WARRANTY PERIOD")WRITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCapWize DISCLAIMS, BROCADE DISCLAIMS AND YOU HEREBY WAIVE, ALL OTHER WARRANTIES, EITHER EXPRESS WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TOINCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY PROVIDES THE OEM WITH SPECIFIC LEGAL RIGHTS IN ADDITION TO OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. (b) During the Warranty Period Brocade shallPURPOSE or any warranties regarding completeness, at its sole option and expenseaccuracy, repair reliability, suitability or replace any hardware Product, or part or component thereof, which Brocade determines was defective in material or workmanship. Products shipped as exchanged units under this Section 11, (i) may be newly manufactured, (ii) may be assembled from new or serviceable used parts that are equivalent to new parts in performance, or (iii) may have been previously installed, but in other respects meets the Product specifications. (c) OEM shall request and receive an RMA number, which shall be issued by Brocade within two (2) business days of OEM's request, for repair of Product prior to return for repair. OEM shall use reasonable commercial efforts to return Product with defects covered by the foregoing warranty to Brocade, [*] pursuant to the shipping and other requirements specified by Brocade in its RMA, within [*] of issuance of the RMA number. Brocade shall use reasonable commercial efforts to ship repaired/replacement Product * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested availability with respect to the omitted portionsWebsite or the information, CONTENT, REPORTS, products, services, or related graphics contained on the Website for any purpose. within [*] but WITHOUT LIMITING THE FOREGOING, CapWize hereby makes no representation nor any warranties of any kind in no event later than [*] of receipt connection WITH the information provided herein, That products OR SERVICES will meet your requirements, OR THE QUALITY OF ANY PRODUCTS OR SERVICES. Any reliance you place on such information is therefore strictly at your own risk. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT XXXXXXX DOES NOT WARRANT OR GUARANTEE that ANY SELECTION OR PICK OR OTHER SERVICES RELATED TO ANY SPORTS COMPETITION WILL RESULT IN OR PRODUCE A SUCCESSFUL, WINNING, REVENUE-PRODUCING, OR PROFITABLE OUTCOME IF ACTED ON BY YOU. tHE COMPANY PROVIDES ITS PRODUCTS AND SERVICES, INCLUDING ALL SELECTIONS OR PICKS OTHER SERVICES RELATED TO ANY SPORTS COMPETITION WITHOUT ANY WARRANTIES OR GUARANTEES, IN EACH CASE, EXPRESS OR IMPLIED OR OTHERWISE. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE information, content, MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE information, content, MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH information, content, MATERIALS OR SERVICES. The fact that CapWize is including or offering any product or service on the Website is not an endorsement or a recommendation of the defective unitsproduct or service. Repair SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. DISCLAIMER OF LIABILITY. IN NO EVENT SHALL CAPWIZE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE INFORMATION, CONTENT, SERVICES, REPORTS, MAPS, TESTS, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR FOR ANY TRANSACTION CONDUCTED THROUGH THIS WEBSITE, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO, INACCURATE INFORMATION, CONTENT, REPORTS, MAPS, RESULTS, SCORES, RECOMMENDATIONS, FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF CAPWIZE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAPWIZE MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE, OR ANY INFORMATION OR SERVICE OFFERED THROUGH THE WEBSITE IS APPLICABLE AND APPROPRIATE FOR USE or replacement access outside the united states. Notwithstanding anything to the contrary contained herein, XxxXxxx’s liability to you for any cause whatsoever, and regardless of the Product does not extend the Warranty Period. (d) OEM's sole and exclusive remedy for breach of any form of the foregoing warranties shall action, will at all times be limited to seek repair or replacement of the affected Product, andamount paid, if such repair or replacement is not effected after reasonable notice and opportunity any, by you to CapWize for remedial action by Brocade, to obtain repayment of any amounts paid to Brocade for that Productthe PRODUCTS AND/OR SERVICES. (e) This warranty does not apply to any Product which (i) has been altered, except by Brocade or at Brocade's direction, (ii) has been improperly handled, installed, operated or packaged, or (iii) has been damaged by accident, misuse, negligence, or external factors such as failure or fluctuation of electrical power or air conditioning which subjects Products to conditions beyond their specification, fire, flood, or failures induced by interconnection with non-Brocade products. (f) During the Term of this Agreement, any repair or reconditioning of any Product not covered by warranty shall be subject to Brocade's then standard out of warranty prices, terms, and conditions. (g) Brocade and OEM agree to work together to minimize no-trouble-found (NTF) returns to Brocade by identifying and correcting the root cause. If the NTF returns exceed 5% of all returns, and if OEM is not participative or effective at problem resolution, and Brocade gives OEM thirty day written notice, Brocade may invoke the NTF charges as defined in Exhibit B.

Warranty Limitation. The foregoing warranty and conditions shall apply only to any repaired or replaced product, part, or component supplied by EMI, together with the workmanship as provided herein: (a) BROCADE WARRANTS EMI warrants that under normal conditions of use and operation, the Services furnished pursuant to this Agreement shall be free from defects in workmanship and that the parts furnished pursuant to this Agreement shall be free from defects in workmanship and material. (b) EMI's obligation under this warranty is limited to the repair or replacement, at its option, of any part that, within ninety (90) days after installation and acceptance, is established by EMI not to be in conformity with the Equipment manufacturer's published specifications. EMI further warrants that its Services rendered pursuant to this Agreement shall be free of defects in workmanship for ninety (90) days after performance of Services, but EMI's obligation shall be limited to correction of the defective workmanship. (c) Repairing power distribution equipment, relays, controllers, control systems, and transfer switches entails inherent risks that could potentially damage adjacent electrical distribution systems and connected equipment. If a recommendation has been proposed to replace the Customer’s equipment, in the event that EMI has been requested by the Customer to proceed with a repair instead of a replacement, EMI assumes no risk or liability and provides no guarantee regarding the success of the repair or any additional damage that may occur during or after the repair process. Acceptance of the repair service Estimate/estimate is solely at the discretion and liability of the Customer. EMI will make every effort to repair the Customer’s equipment as outlined in the scope of work included in the estimate, utilizing our team of technicians and support personnel. Should additional repairs or scope of work be necessary, resulting in additional costs, they will be detailed in a separate estimate and service visit. The Customer’s approval will be required before any additional work is undertaken. EMI will advise Customer to proceed with caution, understanding that acceptance of this type of repair service estimate places the responsibility solely on Customer. (d) EXCEPT AS IS EXPRESSLY STATED HEREIN, THE FOREGOING WARRANTIES ARE EXCLUSIVE AND REPRESENTS TO THE OEM THAT THE PRODUCTS DELIVERED TO OEM BY BROCADE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH BROCADE'S PUBLISHED PRODUCT SPECIFICATIONS FOR A PERIOD LIEU OF [*] FROM THE DATE OF SHIPMENT ("WARRANTY PERIOD"). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BROCADE DISCLAIMS ALL OTHER WARRANTIES, EITHER WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOINCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. , AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, EXCEPT SUCH AS IS EXPRESSLY STATED IN THIS LIMITED WARRANTY PROVIDES THE OEM WITH SPECIFIC LEGAL RIGHTS IN ADDITION TO OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. (b) During the Warranty Period Brocade shall, at its sole option and expense, repair or replace any hardware Product, or part or component thereof, which Brocade determines was defective in material or workmanship. Products shipped as exchanged units under this Section 11, (i) may be newly manufactured, (ii) may be assembled from new or serviceable used parts that are equivalent to new parts in performance, or (iii) may have been previously installed, but in other respects meets the Product specifications. (c) OEM shall request and receive an RMA number, which shall be issued by Brocade within two (2) business days of OEM's request, for repair of Product prior to return for repair. OEM shall use reasonable commercial efforts to return Product with defects covered by the foregoing warranty to Brocade, [*] pursuant to the shipping and other requirements specified by Brocade in its RMA, within [*] of issuance of the RMA number. Brocade shall use reasonable commercial efforts to ship repaired/replacement Product * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. within [*] but in no event later than [*] of receipt of the defective units. Repair or replacement of the Product does not extend the Warranty Period. (d) OEM's sole and exclusive remedy for breach of any of the foregoing warranties shall be to seek repair or replacement of the affected Product, and, if such repair or replacement is not effected after reasonable notice and opportunity for remedial action by Brocade, to obtain repayment of any amounts paid to Brocade for that ProductWARRANTY. (e) This warranty does not apply Customer agrees that the sole remedies for the breach of any warranties contained in this Agreements are those expressly stated in this provision. Customer further agrees that in no event shall the EMI's liability to Customer for damages of any Product which nature exceed the total charges paid or payable for either (i1) has been altered, except by Brocade the total charges paid or at Brocade's direction, payable for all Services during one (ii1) has been improperly handled, installed, operated or packaged, year under this Agreement if the liability arises from the provision of such Services; or (iii2) has been damaged by accident, misuse, negligence, or external factors the purchase price of the parts if the liability results from the provision of such as failure or fluctuation of electrical power or air conditioning which subjects Products to conditions beyond their specification, fire, flood, or failures induced by interconnection with non-Brocade productsparts. (f) During the Term of this Agreement, any repair or reconditioning of any Product not covered by warranty shall be subject to Brocade's then standard out of warranty prices, terms, and conditions. (g) Brocade and OEM agree to work together to minimize no-trouble-found (NTF) returns to Brocade by identifying and correcting the root cause. If the NTF returns exceed 5% of all returns, and if OEM is not participative or effective at problem resolution, and Brocade gives OEM thirty day written notice, Brocade may invoke the NTF charges as defined in Exhibit B.

Warranty Limitation. (a) BROCADE WARRANTS AND REPRESENTS TO THE OEM THAT THE PRODUCTS DELIVERED TO OEM BY BROCADE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH BROCADE'S PUBLISHED PRODUCT SPECIFICATIONS FOR A PERIOD OF [*] FROM THE DATE OF SHIPMENT ("WARRANTY PERIOD"). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWKACC warrants that the Products sold by it hereunder will be of good quality and workmanship, BROCADE DISCLAIMS ALL OTHER WARRANTIESwill meet and comply with all relevant specifications, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY PROVIDES THE OEM WITH SPECIFIC LEGAL RIGHTS IN ADDITION TO OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATEand that title thereto will be transferred to Buyer free from any liens and encumbrances and that Buyer will acquire full title thereto. (b) During the Warranty Period Brocade shallEXCEPT AS SO PROVIDED, at its sole option and expense, repair or replace any hardware Product, or part or component thereof, which Brocade determines was defective in material or workmanship. Products shipped as exchanged units under this Section 11, (i) may be newly manufactured, (ii) may be assembled from new or serviceable used parts that are equivalent to new parts in performance, or (iii) may have been previously installed, but in other respects meets the Product specificationsKACC MAKES NO REPRESENTATION OR WARRANTY AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PRODUCTS SOLD BY IT PURSUANT TO THIS AGREEMENT. (c) OEM shall request and receive an RMA number, which All Products shall be issued analyzed by Brocade within two (2) business days of OEM's request, for repair of Product KACC to determine whether such Products comply with the required specifications as set forth in Section 3. KACC shall inspect trucks and rail cars prior to return for repairbeing loaded with Products. OEM Such inspections shall use reasonable commercial efforts be conducted pursuant to return Product with defects covered inspection specifications to be determined by the foregoing warranty parties hereto within a reasonable time after the execution of this Agreement. Subject to Brocadesubsection (d) below, [*] KACC shall only be responsible to replace Products which are contaminated or lost as a result of KACC's failure to reasonably inspect trucks and rail cars pursuant to the shipping and other requirements specified inspection specifications agreed upon by Brocade the parties. KACC shall, upon the request of Buyer, provide Buyer with samples of any particular delivery of Products to Buyer to permit Buyer to inspect such Products within a reasonable time thereafter. If on such inspection any such Products are found to be defective, Buyer shall promptly notify KACC so that such Products can be replaced as provided in Section 3. Failure to so notify KACC within a reasonable time after Buyer has delivered Products to its RMAcustomers shall be deemed a waiver of Buyer's right to reject such Products. The parties acknowledge that Buyer may elect not to inspect Products being sold by Buyer to its merchant customers. Notwithstanding the foregoing language regarding inspection rights, the parties agree that Buyer shall have the right to permit its merchant customers of Products to inspect such Products on Buyer's behalf within [*] a reasonable time after delivery of issuance such Products to such customers. If on such inspection by one of the RMA number. Brocade shall use reasonable commercial efforts Buyer's customers, any Products are found to ship repaired/replacement Product * Certain information on this page has been omitted and filed separately have significantly different properties than those reported to Buyer in connection with the Commission. Confidential treatment has been requested with respect to the omitted portions. within [*] but analysis performed by KACC, Buyer shall promptly notify KACC so that such Products can be replaced as provided in no event later than [*] of receipt of the defective units. Repair or replacement of the Product does not extend the Warranty PeriodSection 3. (d) OEMKACC shall not be liable for special, punitive, incidental or consequential damages resulting from breach of warranty, delay of performance or other default hereunder. Except as provided in Section 3, KACC's sole liability and exclusive Buyer's remedy for breach action arising out of any of the foregoing warranties shall be this Agreement is hereby limited to seek repair or replacement of the affected Product, and, if such repair or replacement is not effected after reasonable notice and opportunity for remedial action by Brocade, to obtain repayment of any amounts paid to Brocade for that Product. (e) This warranty does not apply to any Product which (i) has been altered, except by Brocade or at Brocade's direction, (ii) has been improperly handled, installed, operated or packaged, or (iii) has been damaged by accident, misuse, negligence, or external factors such as failure or fluctuation of electrical power or air conditioning which subjects Products to conditions beyond their specification, fire, flood, or failures induced by interconnection with non-Brocade productsconforming Products or payment in an amount not to exceed the agreed upon price of the Products for which damages are claimed, at Buyer's option. (f) During the Term of this Agreement, any repair or reconditioning of any Product not covered by warranty shall be subject to Brocade's then standard out of warranty prices, terms, and conditions. (g) Brocade and OEM agree to work together to minimize no-trouble-found (NTF) returns to Brocade by identifying and correcting the root cause. If the NTF returns exceed 5% of all returns, and if OEM is not participative or effective at problem resolution, and Brocade gives OEM thirty day written notice, Brocade may invoke the NTF charges as defined in Exhibit B.

Warranty Limitation. Vendor warrants that the Ad Placement Service provided over the Vyvx network shall be provided to Customer in accordance with the Technical Parameters and (aexcept to the extent such standards conflict with the Technical Parameters) BROCADE WARRANTS prevailing television industry standards for digital transmission of television in a DS-3 format. Vendor shall use reasonable efforts under the circumstances to remedy any delays, interruptions, omissions, mistakes, accidents or errors in the Ad Placement Service and restore such Service to comply with the terms hereof. THE FOREGOING WARRANTY AND REPRESENTS THE REMEDY PROVIDED TO THE OEM THAT THE PRODUCTS DELIVERED CUSTOMER WITH RESPECT TO OEM BY BROCADE WILL PERFORM SUBSTANTIALLY OUTAGE CREDITS ARE EXCLUSIVE AND IN ACCORDANCE WITH BROCADE'S PUBLISHED PRODUCT SPECIFICATIONS FOR A PERIOD LIEU OF [*] FROM THE DATE OF SHIPMENT ("WARRANTY PERIOD"). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BROCADE DISCLAIMS ALL OTHER WARRANTIESWARRANTIES OR REMEDIES, EITHER EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF ANY BREACH OF THIS LIMITED WARRANTY PROVIDES AGREEMENT OR ANY FAILURE OF THE OEM WITH SPECIFIC LEGAL RIGHTS AD PLACEMENT SERVICE, WHATSOEVER, PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, AND IN ADDITION TO THE EVENT PARTIES OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATETHAN CUSTOMER SHALL HAVE USE OF THE AD PLACEMENT SERVICE THROUGH CUSTOMER, CUSTOMER SHALL INDEMNIFY PROVIDERS AGAINST ANY CLAIMS FOR SUCH DAMAGES BROUGHT AGAINST THEM BY THIRD PARTIES. (b) During the Warranty Period Brocade shall, at its sole option and expense, repair or replace any hardware Product, or part or component thereof, which Brocade determines was defective in material or workmanship. Products shipped as exchanged units under this Section 11, (i) may be newly manufactured, (ii) may be assembled from new or serviceable used parts that are equivalent to new parts in performance, or (iii) may have been previously installed, but in other respects meets the Product specifications. (c) OEM shall request and receive an RMA number, which shall be issued by Brocade within two (2) business days of OEM's request, for repair of Product prior to return for repair. OEM shall use reasonable commercial efforts to return Product with defects covered by the foregoing warranty to Brocade, [*] pursuant to the shipping and other requirements specified by Brocade in its RMA, within [*] of issuance of the RMA number. Brocade shall use reasonable commercial efforts to ship repaired/replacement Product * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. within [*] but in no event later than [*] of receipt of the defective units. Repair or replacement of the Product does not extend the Warranty Period. (d) OEM's sole and exclusive remedy for breach of any of the foregoing warranties shall be to seek repair or replacement of the affected Product, and, if such repair or replacement is not effected after reasonable notice and opportunity for remedial action by Brocade, to obtain repayment of any amounts paid to Brocade for that Product. (e) This warranty does not apply to any Product which (i) has been altered, except by Brocade or at Brocade's direction, (ii) has been improperly handled, installed, operated or packaged, or (iii) has been damaged by accident, misuse, negligence, or external factors such as failure or fluctuation of electrical power or air conditioning which subjects Products to conditions beyond their specification, fire, flood, or failures induced by interconnection with non-Brocade products. (f) During the Term of this Agreement, any repair or reconditioning of any Product not covered by warranty shall be subject to Brocade's then standard out of warranty prices, terms, and conditions. (g) Brocade and OEM agree to work together to minimize no-trouble-found (NTF) returns to Brocade by identifying and correcting the root cause. If the NTF returns exceed 5% of all returns, and if OEM is not participative or effective at problem resolution, and Brocade gives OEM thirty day written notice, Brocade may invoke the NTF charges as defined in Exhibit B.