Common use of Warranty Clause in Contracts

Warranty. Seller warrants to Buyer, for a period of one year after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goods.

Warranty. Seller warrants that the Products sold by Seller to BuyerPurchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for a period of one year after from the date of shipment from original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and 's sole obligation and the Purchaser’s exclusive remedy for breach any justified claim under this warranty shall be limited to one of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such noticefollowing, at Seller’s option, either sole discretion: (a) repair or replacement of such goodsthe Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and Seller no warranty remedy will be responsible for given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the cost failure of shipping the parts owner to repair use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsmanufacturer. EXCEPT FOR SELLER’S THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE TO THE GOODSMERCHANTABILITY, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE NON-INFRINGEMENT EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsTHE PRODUCT.

Warranty. Seller warrants to Buyer, for a period The Goods furnished are substantially free from material defects of one year after workmanship and materials. Services shall be performed in accordance with recognized industry practice prevailing at the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period time for the foregoing warranty, that any goods allegedly do not meet Sellerprovision of similar services in the location in which such Services are being performed. Purchaser’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of any non- conformance with the foregoing warranty, warranty will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either be the repair or replacement of such goodsGoods found to be defective under normal use and service within thirty (30) days from date of shipment to the Delivery Point, and Seller will or in the case of Services, thirty (30) days from the date of completion, provided Strad is promptly notified in writing upon discovery of such non-conformance. Goods shall not be returned to Strad or modified without Strad’s written consent. Strad is not responsible for damages caused by improper installation or maintenance, overloading, accident, neglect or harmful alterations or repairs made by others; nor shall Strad be liable for costs of any kind associated with gaining access to the cost of shipping the parts to Goods for repair or the unit to replace the defective goodsremoval and replacement by any person. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationCORRECTION OF ANY NON-CONFORMITY IN THE MANNER AND FOR THE PERIOD OF TIME ABOVE SHALL CONSTITUTE COMPLETE FULFILLMENT OF ALL THE LIABILITIES OF STRAD WHETHER THE CLAIMS OF PURCHASER ARE BASED IN CONTRACT, including the meansINCLUDING FUNDAMENTAL BREACH, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsIN TORT, INCLUDING NEGLIGENCE, STATUTE OR OTHERWISE WITH RESPECT TO OR ARISING OUT OF THE WORK PERFORMED HEREUNDER. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODSEXTENT EXPRESSLY SET FORTH HEREIN, SELLER STRAD MAKES NO, AND EXPRESSLY DISCLAIMS ANY AND EXCLUDES ALL OTHER ALL, REPRESENTATIONS, WARRANTIES, CONDITIONS, COVENANTS, GUARANTEES AND/OR ASSURANCES, WHETHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, RELATING TO OR ARISING OUT OF THE GOODS AND/OR THIS CONTRACT, INCLUDING BUT NOT LIMITED WITHOUT LIMITATION, ANY IMPLIED REPRESENTATIONS, WARRANTIES, CONDITIONS, COVENANTS AND/OR GUARANTEES AS TO IMPLIED WARRANTIES MERCHANTABILITY, MERCHANTABLE QUALITY, NON- INFRINGEMENT OF MERCHANTABILITY AND THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OTHERWISE, OR OTHERWISE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR OF PERFORMANCE, CUSTOM USAGE OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deteriorationPURCHASER’S SOLE REMEDY FOR A BREACH OF THIS LIMITED WARRANTY, defects in or damage to any goods resulting from improper installationFOR ANY OTHER LIABILITY UNDER THIS AGREEMENT, accident or any utilizationOR FOR ANY WARRANTY THAT CANNOT BE EXCLUDED OR DISCLAIMED AS PROVIDED IN ANY APPLICABLE LAW, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsSHALL BE LIMITED AS PROVIDED IN THIS SECTION.

Warranty. Seller warrants that it has good title, free of encumbrances, to Buyer, for a period of one year after the date of shipment from Seller’s plant, Goods delivered hereunder. Seller further warrants that all goods sold Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of any breach of warranty. The warranty for Goods commences on the later of the date of shipment Buyer takes physical possession of the goods. If, after Goods or the Goods have been installed by Seller receives written notice, within the period and is valid for the foregoing warranty, that any goods allegedly do not meet longer of 12 months or the length of Seller’s applicable specificationor the manufacturer’s standard warranty period, and Seller, in its sole discretion, determines that such claim the warranty for Services commences on the day of completion of the Services and is validvalid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s entire liability warranty for Goods or Services shall survive such 12 month period and sole obligation any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and the exclusive remedy for save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of the foregoing warrantythese warranties. Remedies shall include, will be, within a reasonable time after Sellerat Buyer’s receipt of such notice, election and at Seller’s optionsole risk and expense, either repair the prompt repair, replacement or replacement reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such goodsservices. Seller shall promptly comply with Xxxxx’s direction to repair, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair rework or replace the goods goods, furnish any material or parts and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be installation required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including successfully correct the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsnonconformance.

Warranty. Seller SELLER warrants that the Goods manufactured by it and/or services provided by it will be free from defect in workmanship, material and manufacture; provided, however, that this warranty shall terminate on the date one (1) year from the date of shipment. In the event any service supplied or product sold hereunder manufactured by the SELLER is defective due to Buyerworkmanship or material, the SELLER agrees for a period of one (1) year after from the date of shipment from Seller’s plantshipment, at its option, to correct such non-conformity or replace such defective part or product. The agreement, however, is upon condition that all goods sold to Buyer under these terms shall meet their applicable specification as may be set the BUYER promptly notifies the SELLER in writing of any claim in this respect, setting forth in Seller’s detail any such claimed defect and that the SELLER be afforded a reasonable opportunity to examine the product literature and/or packaging and labeling materials published as to investigate the claimed defect. This warranty does not obligate the SELLER to bear any transportation charges in connection with the replacement or repair of defective products. Notwithstanding the date of shipment of foregoing, the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and SellerSELLER shall be, in its sole discretionno event, determines that such claim is validliable for damages, Seller’s entire liability and sole obligation and whether based in contract or negligence, beyond the exclusive remedy for breach lower of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping correcting the non-conformity as herein provided or the price paid by the BUYER for such defective product and shall not be liable for any incidental or consequential damage whatsoever. SELLER's warranty does not apply to any product which has been subjected to misuse, mishandling, misapplication, abuse neglect (including but not limited to improper maintenance), accident, improper installation or storage, modification (including but not limited to use of unauthorized parts to or attachments), or adjustment or repair performed by anyone other than SELLER or one of SELLER's authorized agents. This warranty does not cover reimbursement for labor, gaining access, removal, installation, temporary power, or any other expenses, which may be incurred in connection with repair or the unit to replace the defective goodsreplacement. Refurbished goods Goods which may be used sold by SELLER but which are not manufactured by SELLER are not warranted by SELLER, but are sold only with the warranties, if any, of the manufacturers thereof. SELLER does not warrant any products or services of others that BUYER has designated. The liability of the SELLER shall not exceed any adjustments with respect to repair which such manufacturer accepts responsibility. No affirmation, modification, or replace addition to this agreement with respect to warranty of the goods and the warranty on such repaired SELLER, either before or replaced goods after contract of sale, shall be the balance made except in writing by an authorized representative of the warranty remaining on the goods which were repaired or replacedSELLER. Buyer waives any claim to any goods which were replaced or the components therein which were replacedTHE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE NOT EXPRESSLY SET FORTH HEREIN. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationBY ACCEPTANCE HEREOF, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE THE BUYER AGREES THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES BY THE SELLER OR BY ANY MANUFACTURER AS TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE USE, MERCHANTABILITY, CAPACITY, OR EFFICIENCY OF ANY PRODUCT SOLD OTHER THAN EXPRESSLY SET FORTH HEREIN, AND THAT THERE ARE NO ORAL OR IMPLIED ADDITIONAL WARRANTIES MADE IN CONNECTION WITH ANY SALE BASED HEREON. CORRECTION OF NON¬CONFORMITIES IN THE NON-INFRINGEMENT MANNER AND FOR THE PERIOD OF THIRD PARTY INTELLECTUAL PROPERTY TIME PROVIDED ABOVE SHALL CONSTITUTE SELLER'S SOLE LIABILITY AND BUYER'S EXCLUSIVE REMEDY FOR FAILURE OF SELLER TO MEET ITS WARRANTY OBLIGATIONS, WHETHER CLAIMS OF THE BUYER ARE BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING STRICT LIABILITY) OR OF PERFORMANCEOTHERWISE. For the avoidance of doubt, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear the warranties and tear or deteriorationremedies set forth herein are conditioned upon (a) proper storage, defects in or damage to any goods resulting from improper installation, accident or any utilization, use and maintenance, repair or modification and conformance with any applicable recommendations of SELLER and (b) BUYER promptly notifying SELLER of any defects and, if required, promptly making the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer product available for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodscorrection.

Warranty. Seller warrants The warranty described below applies only to Buyer, for new or unused goods or goods reconditioned by W & O Supply Inc. (Seller). THE SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY FOR USED GOODS OR GOODS SOLD AS IS. For a period of one (1) year after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as purchase of any of the date of shipment of the goods. Ifgoods described herein, after Seller receives written noticewarrants such goods shall remain free from failure due to defects in workmanship and materials incorporated therein by or for Seller provided such failure shall not have been caused or contributed to by improper usage, within the period service or application, improper installation or maintenance, repairs, alterations, or modifications effected by or for the foregoing warrantyuser, that any goods allegedly do not meet Seller’s applicable specificationmisuse, negligence or accident. In the event of failure for which Seller has assumed warranty obligations hereunder, and provided written notification of such failure shall be immediately given to Seller, in it agrees to repair, or at its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goodsgoods sold at its sole expense. Refurbished Apart from the warranty and undertaking above set forth, or unless otherwise specifically consented to in writing by Seller, Seller shall have no obligation or liability for losses, expense or damages, direct or consequential, suffered or incurred as a result of any failure of, or defect in, the goods described herein, including but not limited to, such costs, expenses or damages as may result from the necessity to remove, replace restore or transport the goods from any location or service in which they may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance used, regardless of the warranty remaining on the goods which were repaired cause of such failure or replaceddefect. Buyer waives any claim to any goods which were replaced or the components therein which were replacedTHIS WARRANTY EXTENDS ONLY TO THE ORIGINAL PURCHASER OF THE GOODS AND IS THE ONLY WARRANTY MADE BY SELLER IN CONNECTION THEREWITH. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationTHERE ARE NO OTHER WARRANTIES, including the meansEXPRESS OR IMPLIED, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE ANY KIND GIVEN WITH RESPECT TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERTHEIR MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A ANY PARTICULAR PURPOSE OR THE NON-INFRINGEMENT USAGE, OR OTHERWISE, NOR IS ANY PERSON AUTHORIZED TO EXTEND ON BEHALF OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND SELLER ANY WARRANTIES ARISING FROM COURSE FORM OF DEALING OR OF PERFORMANCEWARRANTY OTHER THAN THAT ABOVE SET FORTH. The goods described herein are not sold or distributed by Seller for personal, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects family or losses caused by normal wear and tear or deteriorationhousehold purposes, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or nor are they normally suited for use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsas such.

Warranty. Seller warrants Subject to Buyer, for a period of one year after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be warranty limitation set forth in Section 7, Seller warrants that the Goods sold hereunder will substantially conform to Seller’s product literature and/or packaging published specifications and labeling materials published as of will be free from defects in material and workmanship under normal and proper use and service. For pump drive units and controller electronics, the date of shipment of the goods. If, after Seller receives written notice, within the period applicable “Warranty Period” for the foregoing warrantyabove stated express warranty shall be two (2) years after delivery EXW or ten (10) days after notification of dispatch or readiness for shipment, that any goods allegedly do not meet whichever occurs earlier. For sensors, the applicable “Warranty Period” for the above stated express warranty shall be six (6) months after delivery EXW or ten (10) days after notification of dispatch or readiness for shipment, whichever occurs earlier. For all other Goods and for systems, the applicable “Warranty Period” for Goods and system components covered by Seller’s above stated express warranty shall be one (1) year after delivery EXW or ten (10) days after notification of dispatch or readiness for shipment, whichever occurs earlier. Extended warranty periods (“Extended Warranty Plans”) may be purchased separately from Seller to extend the Warranty Periods set forth above. Subject to availability, upon payment in full for such Extended Warranty Plans, the Warranty Periods hereunder shall be extended in accordance with Seller’s applicable specificationExtended Warranty Plans, subject to all applicable terms and conditions. Subject to the warranty limitation set forth in Section 7, Seller warrants for the Services Warranty Period that it has performed such Services hereunder using personnel of required skill, experience and qualifications and in a professional manner. Purchaser shall notify Seller in writing during the Services Warranty Period of any alleged failure of the Services to conform to the limited warranty for Services set forth herein. Any failure to properly and timely notify Seller hereunder of an alleged failure of the Services to conform to the limited warranty for Services set forth herein shall be deemed to be a waiver by Purchaser of any rights under such limited warranty. Drawings, functional specifications, formal submittals and any other requirements documents prepared by Seller and approved by Purchaser shall be deemed the correct interpretations of the Services to be performed even if inconsistent with other, conflicting plans and specifications, whether prepared by Seller, Purchaser or otherwise. Upon resale, Purchaser agrees to extend to its customers no greater warranties, and Seller, in limit its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and remedies to the exclusive remedy for breach of the foregoing warrantysame extent, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsas those set forth herein.

Warranty. Seller warrants to BuyerBuyer that all tangible articles manufactured by Seller will be free of defects in workmanship and material and that the work performed will be of good quality and will conform to the requirements of the bid documents. If the article is installed by Seller, for a period of one year after Seller’s sole obligation under this warranty shall be to provide, without charge, parts and labor necessary to remedy defects which appear within twelve (12) months from the date of shipment from beneficial use or occupancy, as applicable. If Seller provides a Certificate of Substantial Completion, such certificate shall conclusively establish such date. If article is not installed by Seller’s plant, that all goods sold to Buyer under these terms the warranty period shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date within twelve (12) months of shipment of said article. Warranty claim must be made to Seller in writing within such twelve (12) month period. All transportation charges incurred in connection with the goodswarranty for equipment not installed by Seller shall be borne by Buyer. IfSeller warrants that for equipment furnished and or installed, after but not manufactured by Seller, Seller will extend the same warranty terms and conditions which Seller receives written notice, within from the period for manufacturer of said equipment. This warranty is the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, sole and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim given with respect to any goods which were replaced articles delivered or the components therein which were replacedservices performed by Seller. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES EXPRESS AND OR IMPLIED (EXCEPT WARRANTIES WHATSOEVEROF TITLE), INCLUDING INCLUDING, BUT NOT LIMITED TO IMPLIED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCEPURPOSE. This warranty is subject to proper installation of the articles (if installation is not performed by Seller or authorized subcontractors of the Seller) and maintenance and storage of the articles in accordance with the specifications and directions supplied by Seller. This warranty does not apply to any defect, CUSTOM OR USAGE OF TRADEmalfunction or failure caused by repairs made by other than or without the consent of Seller or the article has been subject to abuse, misuse, neglect, tampering, accident or damage by circumstances beyond Seller’s control, including without limitation, acts of God, war, acts of government, corrosion, power fluctuations, freeze- ups, labor disputes, differences with workmen, riots, explosions, vandalism, or malicious mischief, nor to defective associated equipment or use of the articles with equipment for which they were not sold. All of Seller’s obligations do not cover defects under this warranty will immediately terminate and be of no further force or losses caused by normal wear and tear effect if all or deterioration, defects in or damage any part of the purchase price (including any installment payment) with respect to any goods resulting from improper installationarticle covered by this warranty is not paid to Seller when due. If cause of defect is found not to be Seller’s responsibility, accident or any utilization, maintenance, standard rates for repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsreplacement and labor shall apply.

Warranty. Seller Vendor warrants the goods, articles and services furnished hereunder (whether materials, parts or equipment) to Buyerbe (1) as specified, (2) free and clear of all liens or other security interests and encumbrances, good, valid and marketable title thereto being solely in Vendor, (3) made exclusively of new materials, (4) free of defects of any type (whether in design, material, workmanship or otherwise), (5) of good and merchantable quality and (6) fit for the intended and general purposes for which Voith is purchasing them. Unless a period longer time is set forth on the face of one year after the Purchase Order, such goods or services warranty shall last for the longer of 36 months from the first date of shipment operation of the goods or 48 months from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods or completion of the services. If any such goods. If, after Seller receives written notice, within the period for the foregoing warranty, that articles or services are found to be in breach of any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warrantywarranties, will be, within a reasonable time after Seller’s receipt of such noticeVendor shall at its sole cost promptly, at SellerVoith’s option, either (1) replace the goods or articles, DDP named destination of Voith, in accordance with INCOTERMS 2010, (2) repair the goods or replacement of such goods, and Seller will articles or (3) re-perform the services found to be defective. Vendor shall be responsible for all costs arising out of the cost breach of shipping the parts warranty and repair, replacement or re-performance, including, but limited to, disassembly, reassembly, transportation, installation, storage, commissioning and re- testing. If Vendor fails to promptly replace or repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and or articles or re-perform the warranty on such services, Voith may have the articles repaired or replaced or the services re- performed by Voith or a third party at Vendor’s expense. Repairs, replaced goods and articles and re-performed services shall be warranted in accordance with the balance terms of this Agreement. If repair, replacement or re-performance is not possible, Voith may terminate the Purchase Order and Vendor shall refund Voith the full purchase price and be liable for all direct and indirect expenses, costs and damages incurred by Voith. The foregoing and all other, legal, statutory, express and implied warranties that can have application to the goods, articles and services furnished hereunder shall be deemed conditions of this order and the remedies provided in this paragraph shall be cumulative and in addition to any other or further remedies Voith may have, including under applicable law. The warranties and remedies provided for in this paragraph shall inure to the benefit of Voith, its successors, assigns and customers and to the users of its products and Voith’s inspection, approval, acceptance of and/or payment for goods, articles or services or any drawings do not relieve Vendor of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodswarranties provided herein.

Warranty. By accepting this Purchase Order, Seller warrants to Buyer, that the goods and services furnished will be free from defects in materials and workmanship for a period minimum of one (1) year after or as specified in the date of shipment from Sellermanufacturer's written warranty. Seller also warrants that the goods and services furnished will be merchantable and in full conformity with Buyer’s plantspecifications, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging drawings, and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specificationdata, and Seller’s descriptions, in its sole discretionpromises, determines or samples, and that such goods will be fit for the Buyer's intended use, provided Seller has reason to know of such use, and that Seller will convey good title to the goods, free and clear from all liens, claims, and encumbrances. Upon Xxxxx’s request, Seller shall furnish Buyer with a formal waiver or release of all liens by Xxxxx and/or Buyer’s suppliers. Seller warrants that goods or services covered by this Purchase Order shall not infringe any patent, design, mask work, copyright or trademark, of any third party, either directly or contributorily. Xxxxxx agrees to indemnify Buyer and hold Buyer harmless from and against all liability, loss, damage and expense, including reasonable counsel fees and costs of litigation, resulting from any claim is valid, Seller’s entire liability of infringement and sole obligation any litigation relating thereto. In the case where goods or a part thereof are held to constitute infringement and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities use of the goods or that, in its sole judgment, the performance or reliability a part thereof is adversely affected therebyenjoined, Seller shall, at the expense of Seller, either (a) procure for the Buyer the rights to continue to using the goods, (b) replace the goods so that the goods become non-infringing, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that (c) retake the operation goods and refund the purchase price and transportation and installation cost of the goods will be uninterrupted or error-free, that the functions to Buyer. Such obligations shall survive acceptance of the goods will meet or services and payment therefore by Buyer’s or its customer’s requirements or . Where applicable, the Seller warrants that the goods will operate covered by this Purchase Order are in combination compliance with other products selected by Buyer’s customer for its useall laws, regulations, rules, and orders relating to the importation of goods into the United States, the exportation of goods out of the country of origin, the transit of goods through intermediate countries and the sale and use or foreign made goods in the United States. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual further warrants that it has obtained all permits, licenses, and certifications necessary for the goodsgoods to be exported out of the country of origin, imported in the United States, delivered to Buyer and used or sold within the United States.

Warranty. Seller warrants to Buyer, for a period of one year after Buyer that on the date of shipment the Goods shall be in substantial conformity with the specifications therefore and free from Seller’s plant, material defects in workmanship or material subject to the condition that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as Seller receive notice of the date a claim hereunder of shipment of Goods within six (6) months on labor, one (1) years for Multipress manufactured Parts, (Purchased Component Parts have original manufacturer’s warranty). This is the goodssole warranty of Seller and all other warranties whether express or implied or written or oral are superseded hereby. IfEXCEPT AS SET FORTH ABOVE, after Seller receives written noticeSELLER MAKES NO WARRANTIES, within the period for the foregoing warranty, that any goods allegedly do not meet EITHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Seller’s applicable specificationwarranty does not extend to defects or failures caused or aggravated by accident, misuse, abuse, alteration, improper transportation, rigging or improper installation of the Goods, and to Goods that have been repaired or altered by anyone other than seller. SELLER SHALL NOT BE RESPONSIBLE FOR DAMAGES OF ANY KIND ARISING FROM THE CONTENT OR ADEQUACY OF ANY SPECIFICATIONS PROVIDED TO SELLER BY BUYER. BUYER ALONE SHALL BEAR RESPONSIBILITY FOR THE CONSEQUENCES OF ANY AND ALL SPECIFICATIONS IT PROVIDES TO SELLER. Seller’s sole obligation with respect to matters subject to Seller’s warranty shall be, at the option of Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used (i) to repair or replace defective or non-conforming parts or materials; or (ii) to refund the goods purchase price for the defective or non-conforming Goods (less an allowance for wear and the warranty on such repaired or replaced goods shall be the balance tear in use by Buyer) upon return of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationGoods FOB Mt. Carmel, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADEIllinois. Seller’s obligations do decision to provide one remedy shall not cover defects bar a later decision to provide another and different remedy. The Goods (or losses caused part thereof) subject to a claim hereunder shall be returned to Seller by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification Buyer FOB Seller’s plant unless destroyed by reason of the goods that defect and Seller is not consistent with satisfied Buyer’s claim is within the scope of Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environmentswarranty. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its useTHE RIGHTS AND REMEDIES OF BUYER SET FORTH ABOVE SHALL BE THE SOLE AND EXCLUSIVE RIGHTS AND REMEDIES FOR ANY CLAIM WHATSOEVER HEREUNDER AND ALL OTHER RIGHTS AND REMEDIES ARE EXPRESSLY WAIVED BY BUYER. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsSELLER SHALL IN NO EVENT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH ANY CLAIM HEREUNDER NOTWITHSTANDING THE ABOVE. COMPONENT PARTS OR EQUIPMENT MANUFACTURED BY OTHERS ARE WARRANTED ONLY TO THE EXTENT AS WARRANTED TO THE SELLER BY SUCH MANUFACTURERS.

Warranty. The Seller warrants to Buyer, that the Equipment sold and delivered hereunder will be free of defects in material and workmanship for a period of one year after twelve months from the date of shipment placing the Equipment in operation or eighteen months from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment shipment, whichever shall occur first unless otherwise stated by the manufacturer. Warranty for parts is 6 months and equipment warranty is 12 months. The Buyer shall be obligated to promptly report any failure to conform to this warranty, in writing to the Seller within said period, whereupon the Seller shall, at its option, correct such nonconformity, by suitable repair to such Equipment or, furnish a replacement part provided the Buyer has stored, installed, maintained, and operated such Equipment in accordance with good industry practices and has complied with specific recommendations of the goodsSeller. IfSeller reserves the right to take possession of or direct Buyer to return any replaced parts, after which shall become Seller receives property. Accessories or equipment furnished by the Seller, but manufactured by others, shall carry whatever warranty the manufacturers have conveyed to the Seller and which can be passed on to the Buyer. This warranty shall not apply to any component which Buyer directs Seller to use in or add to the Equipment, and which would not otherwise be used or added by the Seller. The Seller shall not be liable for any repairs, replacements, or adjustments to the Equipment or any costs of labor performed by the Buyer or others without the Seller's prior written noticeapproval. The effects of corrosion, erosion, and normal wear and tear are specifically excluded. Performance warranties are limited to those specifically stated within the period Seller's proposal, and the Seller's obligation for meeting such performance warranties shall be to correct in the manner, and for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goodsperiod outlined herein. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S THE SELLER MAKES NO OTHER WARRANTY OR REPRESENTATION OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO EXPRESSED OR IMPLIED, EXCEPT THAT OF TITLE, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCEPURPOSE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsARE HEREBY DISCLAIMED.

Warranty. Subject to the limitations in Section 18 herein, Seller warrants to Buyerthat the Equipment shall be free from defects in material, for a period of one year workmanship, and title. If it appears within twelve (12) months from the initial Equipment startup or until eighteen (18) months after the date of shipment from Seller’s plantshipment, whichever occurs first, that all goods sold the Equipment or any part thereof does not conform to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing this warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, Buyer so notifies Seller within a reasonable time after Seller’s receipt of discovery, Seller shall thereupon promptly correct such notice, at Seller’s option, either nonconformity by repair or replacement EXW Seller’s factory or service center. Seller's sole obligation and Xxxxx's sole remedy under this warranty is repair or replacement at Seller's election. Seller's warranty obligation for Services shall be the earlier of such goods, and either ninety (90) days from the date of initial startup or six (6) months after completion of the Service work. Seller will shall not be responsible for any on-site costs, including removal and reinstallation of any warranted Equipment. Buyer agrees to provide Seller reasonable and clear access to its Equipment which may include removal of materials or structures as well as supplying any equipment, materials or structures which are necessary to provide reasonable access to the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were Equipment being repaired or replaced. Buyer waives any claim to any goods which were All Equipment repaired or replaced or will be re-warranted only for the components therein which were replacedremainder of the original warranty period. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S THE EXPRESS WARRANTY SET FORTH HEREIN IS THE EXCLUSIVE WARRANTY OF TITLE TO THE GOODSSELLER, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL NO OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERWARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCEPURPOSE, CUSTOM OR USAGE OF TRADESHALL APPLY. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that Seller is not consistent with Seller’s instructions responsible for repairs or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused alterations made by connections, interfacing or use in unforeseen or unintended environmentsothers without mutual written agreement between Seller and Xxxxx. Seller does not warrant that the Equipment or any repair/replacement part against the effects of erosion, corrosion, or normal wear and tear due to operation or the environment. The warranty and remedies set forth herein are conditioned upon proper storage, installation, use and maintenance of the goods will be uninterrupted Equipment in all material respects, and in accordance with Seller’s written recommendations. Replacement parts or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services repairs furnished by Buyer or its customer nor does under this warranty cover any copy of or update shall be subject to any user manual the warranty provisions herein for the goodsremaining original warranty period.

Warranty. Seller PLI warrants to Buyerthat any product supplied under purchase orders issued by Buyer and accepted by PLI, where properly used, stored and maintained, and if properly assembled and installed, shall be free from defects in workmanship and material for a period of one year 12 months after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as delivery of the date of shipment products. Buyer shall give PLI, within ten (10) days of the goodsdiscovery of any warranty claim, written notice of the claimed defect and satisfactory proof thereof. If, after Seller receives written noticePLI shall, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach ten (10) days of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such noticethe returned Product, at Seller’s optionprovide Buyer with written notice of the results of investigation and, either if subject to repair or replacement of such goodsunder the warranty, and Seller will be responsible for the cost of shipping the parts scheduled reworked or replaced product delivery schedule. PLI's warranty does not extend to repair (i) any damage or the unit loss due to replace the defective goods. Refurbished goods may be used misuse, accident, disaster, abuse, neglect, normal wear, or damage or loss due to repair work not performed by PLI or replace the goods and the warranty on such its contractors, (ii) damage or loss caused by a Product that has been repaired or replaced goods shall be the balance altered by Buyer or a third party without PLI's prior written approval, or (iii) defects arising out of the warranty remaining on the goods which were repaired data, drawings, specifications or replacedinstructions furnished by Buyer. Buyer waives any claim to any goods which were replaced or the components therein which were replacedPLI'S OBLIGATION AND BUYER'S EXCLUSIVE REMEDY UNDER THIS WARRANTY SHALL BE LIMITED TO REPAIR OR REPLACEMENT BY PLI AT ITS COST OF THE PRODUCTS THAT PROVE DEFECTIVE WITHIN THE APPLICABLE WARRANTY PERIOD OR, AT PLI’S DISCRETION, A REFUND OF THE PURCHASE PRICE OF SUCH DEFECTIVE PRODUCTS. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsREPLACEMENT PRODUCTS ARE WARRANTED ONLY FOR THE REMAINING WARRANTY PERIOD OF THE ORIGINAL PRODUCT. EXCEPT FOR SELLER’S AS EXPRESSLY PROVIDED HEREIN, PLI MAKES NO REPRESENTATION OR WARRANTY OF TITLE ANY KIND, EXPRESS OR IMPLIED, AS TO THE GOODSMERCHANTABILITY, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsPRODUCTS.

Warranty. Seller Subject to the terms of this Section 3.2(d), Landlord warrants that the materials and workmanship comprising Landlord’s Work will be free from defects or deficiencies. Any portion of Landlord’s Work not conforming to Buyer, for a period of one year after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as previous sentence may be set forth in Sellerconsidered defective. Landlord’s product literature and/or packaging and labeling materials published as warranty excludes remedy for damage caused by abuse by any of the date of shipment of Tenant Parties or modifications not made by Landlord or any Landlord Party or improper or insufficient maintenance to the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines extent that such claim maintenance is validnot the responsibility of Landlord hereunder, Seller’s entire liability it being understood and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by agreed that normal wear and tear and normal usage are not deemed defects or deteriorationdeficiencies. Landlord agrees that it shall, defects in without cost to Tenant, correct any portion of Landlord’s Work which is found to be defective promptly following the date that Tenant gives Landlord written notice (a “Defect Notice”) of such defective condition, provided that the Defect Notice is delivered to Landlord on or damage before the date (the “Warranty Expiration Date”) that is three hundred sixty (360) days following the substantial completion of the applicable phase of Landlord’s Work, time being of the essence, it being understood and agreed that there shall be a separate Warranty Expiration Date for each phase of Landlord’s Work. Landlord’s obligations under this Section 3.2(d) shall expire on the Warranty Expiration Date and be of no further force and effect except with respect to any goods defects or deficiencies in Landlord’s Work disclosed in any Defect Notice delivered before the Warranty Expiration Date. In addition to and notwithstanding the foregoing, Landlord hereby agrees, at no cost to Tenant, to use reasonable efforts to enforce its warranties against any contractor performing any portion of Landlord’s Work and, if Landlord reasonably concludes in good faith that the cost to bring the claim and the resulting benefits to the Building and the occupants therein do not justify pursuing the warranty claim then Tenant may, but is not required to, obtain a non-exclusive assignment of such claim from improper installation, accident or any utilization, maintenance, Landlord and to pursue the same at Xxxxxx’s sole cost and expense. Nothing in this Section 3.2(d) shall be deemed to limit Landlord’s obligations for maintenance and repair or modification in accordance with Section 10.2 of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsLease.

Warranty. Seller Caselle warrants that it has sufficient right and title to Buyer, for a period of the Software to grant You this Right. For one (1) year after from the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as receipt of the date of shipment of Software ("Warranty Period"), Caselle also warrants the goodsSoftware media to be free from defects in materials and workmanship under normal use, and Software operation will substantially conform to the specification published by Caselle. If, after Seller receives written notice, If an error or a defect in the Software or its media becomes apparent within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and SellerWarranty Period You must promptly notify Caselle, in its sole discretionwriting, determines that such claim is valid, Seller’s entire liability and sole obligation and describing the exclusive remedy for breach of defect. Upon confirming the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such noticeerror or defect Caselle will, at Seller’s its exclusive option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and item or refund the warranty on such repaired price paid for the defective item. Caselle does not warrant that the functions contained in the Software will meet Your requirements or replaced goods shall be that the balance operation of the Software will be uninterrupted or error free. The warranty remaining on does not cover Software modified by anyone other than Caselle and problems with, or caused by, computer hardware or non-Caselle software. This limited warranty is VOID if failure of the goods which were repaired licensed Software has resulted from accident, abuse or replacedmisapplication. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery Disclaimers and Limitations of any allegedly defective goods returned to it without its prior authorizationWarranty and Remedies EXCEPT AS SPECIFICALLY STATED IN THE WARRANTY SECTION OF THIS AGREEMENT, including the meansTHE SOFTWARE IS LICENSED "AS IS" WITHOUT ANY OTHER WARRANTY, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODSEXPRESS OR IMPLIED, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERINCLUDING, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. IN NO EVENT SHALL CASELLE BE LIABLE FOR ANY INDIRECT, SPECIAL OR THE NON-INFRINGEMENT CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF THIRD PARTY INTELLECTUAL PROPERTY ANTICIPATED PROFITS, REVENUE OR OTHERWISE AND ANY WARRANTIES SAVINGS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION, ARISING FROM COURSE THE USE OF DEALING OR INABILITY TO USE THE SOFTWARE OR BREACH OF PERFORMANCEANY EXPRESSED OR IMPLIED WARRANTY, CUSTOM EVEN IF CASELLE OR USAGE ITS AGENT HAS BEEN ADVISED OF TRADETHE POSSIBILITY OF SUCH DAMAGES. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deteriorationTHESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASELLE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR DAMAGE WILL NOT, defects in or damage to any goods resulting from improper installationIN ANY EVENT, accident or any utilizationWHETHER BASED UPON CONTRACT, maintenanceNEGLIGENCE, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or thatSTRICT LIABILITY IN TORT, in its sole judgmentWARRANTY, the performance or reliability thereof is adversely affected therebyOR ANY OTHER BASIS, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environmentsEXCEED THE LICENSE FEES PAID BY YOU FOR THE LICENSED SOFTWARE GIVING RISE TO SUCH LIABILITY. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goods.Returns

Warranty. Seller warrants to BuyerThe sole warranty regarding the Software and related materials is that the original disk is free from physical defects in material and workmanship, assuming proper use, for a period of one year after the ninety (90) days from date of shipment from Seller’s plantpurchase. If such defect occurs during this period, that all goods sold you may return your faulty disk to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging Licensor, along with a dated proof of purchase; Licensor will replace it free of charge. Your sole and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for any breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such noticerepresentation or warranty is that Licensor, at Seller’s its option, either repair or replacement of such goods, and Seller (a) will be responsible refund your payment for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance Software upon your return of the warranty remaining Software and related materials, with a copy of your receipt, or (b) will replace it on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it an exchange basis without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialscharge (except as provided above). EXCEPT FOR SELLER’S THE EXPRESS WARRANTY OF TITLE THE ORIGINAL DISKS SET FORTH ABOVE, THIS SOFTWARE IS PROVIDED “AS-IS,” AND TO THE GOODSMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER EXPRESSLY LICENSOR DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE SOFTWARE, DISK, AND IMPLIED WARRANTIES WHATSOEVERRELATED MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND THEIR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. THE NON-INFRINGEMENT LIABILITY OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND LICENSOR UNDER THE WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARISING ARE LIMITED IN DURATION TO 90 DAYS FROM COURSE THE DATE OF DEALING OR PURCHASE OF PERFORMANCETHE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, CUSTOM OR USAGE OF TRADEWHICH VARY FROM STATE TO STATE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification Certain Limitations Licensor has no control over your use of the goods that is Software. Licensor does not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, and cannot warrant the performance or reliability thereof is adversely affected therebyresults that may be obtained by its use. Licensor does not represent, warrant, or which guarantee the accuracy and timeliness of the data contained in the Software and Licensor shall have no liability of any kind whatsoever to you, or to any other party, on account of any inaccuracies in or untimeliness of the data, or for any delay in reporting such data contained in the Software. Various information in the Software constantly changes, and the information in the Software is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environmentsonly as of a particular date. Seller Licensor does not warrant that the operation of the goods Software will be uninterrupted or error-error free. Licensor is not responsible for problems caused by accident, that abuse, mishandling, alteration, or improper use. Licensor does not warrant or guarantee the functions suitability of the goods Software or that it will meet Buyer’s or its customer’s requirements or that your requirements. Limitation of Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. LICENSOR’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS PRODUCT. SOME STATES DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limitations of damages set forth above fundamental elements of the goods will operate in combination with other products selected by Buyer’s customer for its usebases of the bargain between Licensor and you. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does Licensor would not be able to provide this product on an economic basis without such limitations. The above warranty cover any copy of or update DOES NOT apply to any user manual beta software, any software made available for the goodstesting or demonstration purposes, any temporary software modules or any software for which Licensor does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever.

Warranty. Seller DSM PTG warrants to Buyer, for a period of one year after the date of shipment from Seller’s plant, that all goods Assemblies sold to Buyer SHC will be in compliance with the Specifications established under these terms shall meet their applicable specification as may be set forth this Agreement and defined in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specificationExhibit M. The warranties contained herein extend only to SHC, and SellerSHC shall affirmatively disclaim all liability of DSM PTG to any end users of Products, which disclaimer shall be satisfactory to DSM PTG in its sole discretion, determines that such claim is valid, Seller’s entire liability . The sole and sole obligation and the exclusive remedy for any breach of warranty or certification of compliance with respect to any Assembly shall be replacement of that Assembly or refund of the foregoing payment price of such Assembly. The warranty contained herein shall not be deemed to have failed of its essential purpose so long as DSM PTG is making good faith efforts to correct defects under the terms of the warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for has made the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsreplacements provided for. EXCEPT FOR SELLER’S WARRANTY AS SET FORTH HEREIN, NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERLAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND INFRINGEMENT, ARE MADE BY DSM PTG, UNDER THIS AGREEMENT AND ALL SUCH OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THE PARTIES ACKNOWLEDGE THAT SHC PROVIDED OR DETERMINED THE NON-INFRINGEMENT SPECIFICATIONS FOR THE COMPOSTION OF THIRD PARTY INTELLECTUAL PROPERTY THE MATERIAL, ASSEMBLIES, VENDOR APPROVAL, AND PRODUCTS AND THE PERFORMANCE AND OTHER SPECIFICATIONS THEREFOR, AND THAT DSM PTG HAS NO RESPONSIBILITY FOR SHC’S DETERMINATION TO USE THE MATERIALS OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsASSEMBLIES IN THE PRODUCTS.

Warranty. Seller Peak-Ryzex warrants that it will render the Maintenance Services in a good and workmanlike manner. Peak-Ryzex warrants to Buyer, Customer for a period of one year after thirty (30) days following the date performance of shipment from Seller’s plantany installation work by Peak-Ryzex, that all goods sold such work will be performed in a good and xxxxxxx-like manner. In the event of any material failure to Buyer under these terms meet such standard, Customer’s exclusive remedy and Peak-Ryzex’s sole responsibility shall meet their applicable specification as may be set forth for Peak-Ryzex to re-perform the Maintenance Services or, if in SellerPeak-Ryzex’s product literature and/or packaging and labeling materials published as discretion it is not commercially reasonable to re-perform the Maintenance Services, provide Customer with a refund of the date of shipment of the goods. If, after Seller receives written notice, within the period Maintenance Fees paid by Customer for the foregoing warranty, that any goods allegedly do not meet Sellercurrent Term. Peak-Ryzex’s applicable specification, obligations and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and under this warranty are conditioned upon the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair prompt notice of defects as to parts and/or workmanship from Customer. Timely completion of Maintenance Services by Peak-Ryzex is subject to the timely satisfaction by Customer of any Customer obligation or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goodsrequirement. Refurbished goods may be used to repair or replace the goods and the This warranty on such repaired or replaced goods shall be void if the balance Hardware is damaged or rendered unusable by the willful act, negligence and/or tampering of the warranty remaining on the goods which were repaired or replacedpersons other than Peak-Ryzex. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationTO THE FULLEST EXTENT ALLOWED BY LAW, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsTHE WARRANTIES PROVIDED IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. EXCEPT FOR SELLER’S WARRANTY OF TITLE AS EXPRESSLY SET FORTH IN THIS ATTACHMENT, PEAK-RYZEX DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED WITH REGARD TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERSERVICES PROVIDED UNDER THIS ATTACHMENT, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT PURPOSE. THESE DISCLAIMERS OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE WARRANTY CONSTITUTE AN ESSENTIAL PART OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsTHIS ATTACHMENT.

Warranty. Except as is furnished herein in writing by Seller warrants to Buyer, for a period Seller warrants solely to Buyer only that materials furnished hereunder will be of one year after the date kind designated or specified, and no other warranty, except of shipment title, shall be implied. Providing Buyer gives notice in accordance with Article 11, if goods sold hereunder contain defects in material or workmanship demonstrated to Seller’s satisfaction to have existed at the time of departure from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, reserving the right to either inspect them in its sole discretion, determines that such claim is valid, SellerBuyer’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such noticehands or request their return will, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair correct or replace the goods and the warranty on such repaired at Seller’s expense F.O.B. Seller’s plant, or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. give Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment proper credit for such returngoods determined by Seller to defective, with all necessary packaging and transportation costs (if any) to be assumed by Buyer. Under no circumstances will credit be allowed for unauthorized rework on any materialsThe foregoing shall not apply to goods that shall have been subjected to alteration, contamination, improper maintenance or storage, misapplication, misuse, negligence or accident after shipment from Seller’s plant by anyone except Seller’s authorized employees or to goods to which Buyer’s tests use an unrepresentative sample. EXCEPT FOR AS SET FORTH ON FACE OF SELLER’S WARRANTY INVOICE OR ON THE XXXX OF TITLE TO THE GOODSLADING, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROF MATERIALS SOLD HEREUNDER, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED NOTLIMITED TO IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY. *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. THE REMEDIES SET FORTH IN THIS ARTICLE 2 SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE BUYER, IN LIEU OF ALL OTHER REMEDIES FOR DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL AND SPECIAL OR INCIDENTAL DAMAGE ARISING OUT OF LATE, PARTIAL AND/OR NON DELIVERY, THE NON-INFRINGEMENT SALE, USE, FURNISHING OF THIRD PARTY INTELLECTUAL PROPERTY MATERIALS, OR OTHERWISE SUITABILITY FOR GENERAL OR PARTICULAR USE). IN NO EVENT WILL SELLER’S LIABILITY EXCEED THE CONTRACT (PURCHASE) PRICE FOR THE MATERIALS FOR WHICH LIABILITY IS CLAIMED. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING SUITABILITY FOR USE AND SELLER SHALL IN NO EVENT BE LIABLE IN THIS RESPECT. THE GIVING OR FAILURE TO GIVE ADVICE, RECOMMENDATION OR SAFETY WARNINGS OF ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCECHARACTER BY SELLER SHALL NOT IMPOSE ANY LIABILITY UPON SELLER. If the materials sold hereunder are resold by Buyer, CUSTOM OR USAGE OF TRADEBuyer agrees to include in the contract for resale provisions which limit recoveries against Seller in accordance with this Article 2. Seller’s obligations do not cover defects No employee or losses caused by normal wear and tear agent of Seller is authorized to make any warranty statement, promise or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods understanding other than that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse specifically set forth herein. The provisions in any specification data sheet or neglect chart issued by Seller or any damage caused by connections, interfacing attached hereto are descriptive only and are not warranties or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsrepresentations.

Warranty. Seller COMPANY represents and warrants to BuyerRepresentative that the Products, for a period of one year after twelve (12) months, will be free from material defects in materials and workmanship and will operate substantially in conformance with COMPANY’s documentation. This warranty period begins the date Products are shipped from Representative to its Customers. The foregoing warranty does not apply to any Products which have been subject to misuse, including but not limited to static discharge, neglect, accident or modification or which have been soldered or altered during assembly and are not capable of shipment from Sellerbeing tested by COMPANY under its normal test conditions. COMPANY’s plant, that all goods sold obligation for Products failing to Buyer under these terms meet this warranty shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as to refund the purchase price of the date of shipment of nonconforming Product, or to replace or repair the goodsnonconforming Products, provided that Representative follows COMPANY’s RMA procedures. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for COMPANY shall bear the cost of shipping the parts to repair or the unit to replace the defective goodsfreight and insurance for returned Products. Refurbished goods may be used to repair or replace the goods and the The warranty on such repaired or replaced goods any replacement Product shall be the balance same as that of the warranty remaining original Products. Representative will have no right or authority to make any further representations, warranties or guarantees on behalf of COMPANY in connection with the goods which were repaired or replacedsale of Products to its Customers. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND NON-TRANSFERABLE AND ARE MADE EXPRESSLY IN LIEU OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, AND IMPLIED WARRANTIES WHATSOEVEREACH PARTY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY IN CONNECTION WITH SALE OR USE OF THE PRODUCTS AND COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ANY PRODUCT OTHER THAN THE COMPANY PRODUCTS. ANY PROTOTYPES OR PRE-RELEASE COMPANY PRODUCTS THAT MAY BE FURNISHED BY COMPANY ARE FURNISHED “AS IS” WITH NO WARRANTIES OF ANY KIND. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsLIMITED REMEDY.

Warranty. Except as is furnished herein in writing by Seller warrants to Buyer, for a period Seller warrants solely to Buyer only that materials furnished hereunder will be of one year after the date kind designated or specified, and no other warranty, except of shipment title, shall be implied. Providing Buyer gives notice in accordance with Article 11, if goods sold hereunder contain defects in material or workmanship demonstrated to Seller’s satisfaction to have existed at the time of departure from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, reserving the right to either inspect them in its sole discretion, determines that such claim is valid, SellerBuyer’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such noticehands or request their return will, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair correct or replace the goods and the warranty on such repaired at Seller’s expense F.O.B. Seller’s plant, or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. give Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment proper credit for such returngoods determined by Seller to defective, with all necessary packaging and transportation costs (if any) to be assumed by Buyer. Under no circumstances will credit be allowed for unauthorized rework on any materialsThe foregoing shall not apply to goods that shall have been subjected to alteration, contamination, improper maintenance or storage, misapplication, misuse, negligence or accident after shipment from Seller’s plant by anyone except Seller’s authorized employees or to goods to which Buyer’s tests use an unrepresentative sample. EXCEPT FOR AS SET FORTH ON FACE OF SELLER’S WARRANTY INVOICE OR ON THE XXXX OF TITLE TO THE GOODSLADING, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROF MATERIALS SOLD HEREUNDER, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED NOTLIMITED TO IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY. *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. THE REMEDIES SET FORTH IN THIS ARTICLE 3 SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE BUYER, IN LIEU OF ALL OTHER REMEDIES FOR DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL AND SPECIAL OR INCIDENTAL DAMAGE ARISING OUT OF LATE, PARTIAL AND/OR NON DELIVERY, THE NON-INFRINGEMENT SALE, USE, FURNISHING OF THIRD PARTY INTELLECTUAL PROPERTY MATERIALS, OR OTHERWISE SUITABILITY FOR GENERAL OR PARTICULAR USE). IN NO EVENT WILL SELLER’S LIABILITY EXCEED THE CONTRACT (PURCHASE) PRICE FOR THE MATERIALS FOR WHICH LIABILITY IS CLAIMED. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING SUITABILITY FOR USE AND SELLER SHALL IN NO EVENT BE LIABLE IN THIS RESPECT. THE GIVING OR FAILURE TO GIVE ADVICE, RECOMMENDATION OR SAFETY WARNINGS OF ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCECHARACTER BY SELLER SHALL NOT IMPOSE ANY LIABILITY UPON SELLER. If the materials sold hereunder are resold by Buyer, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects Buyer agrees to include in the contract for resale provisions which limit recoveries against Seller in accordance with this Article 0.Xx employee or losses caused by normal wear and tear agent of Seller is authorized to make any warranty statement, promise or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods understanding other than that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse specifically set forth herein. The provisions in any specification data sheet or neglect chart issued by Seller or any damage caused by connections, interfacing attached hereto are descriptive only and are not warranties or use in unforeseen or unintended environmentsrepresentations. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goods.Shall now read:

Warranty. Seller warrants Peak-Ryzex hereby assigns to BuyerCustomer, for a period to the extent possible, the benefits of one year after any warranties provided to Peak-Ryzex by the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as manufacturer(s) of the date Hardware and Media. Zebra’s warranty information is found at: xxxxx://xxx.xxxxx.xxx/us/en/support-downloads/warranty/product- warranty.html. Peak-Ryzex’s obligations and liability under this warranty is conditioned upon the receipt of shipment prompt notice of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specificationdefects as to parts and/or workmanship from Customer, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such noticelimited to repairing or, at SellerPeak- Ryzex’s sole option, either repair to replacing the Hardware/Media or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used if Peak-Ryzex is unable to repair or replace the goods and Hardware/Media to refund the purchase price paid by Customer to Peak-Ryzex. This warranty on such repaired or replaced goods shall be void if the balance Hardware/Media is damaged or rendered unusable by the willful act, negligence and/or tampering of the persons other than Peak- Ryzex. Peak-Ryzex makes no warranty remaining on the goods which were repaired or replaced. Buyer waives guaranty for any claim to any goods which were replaced hardware or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any third party materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE Customer understands that Peak-Ryzex is not responsible for, and will have no liability for, hardware, software, or any other items or any services provided to Customer by any persons other than Peak-Ryzex. TO THE GOODSFULLEST EXTENT ALLOWED BY LAW, SELLER EXPRESSLY DISCLAIMS THE WARRANTIES PROVIDED IN THIS SECTION ARE EXCLUSIVE AND EXCLUDES IN LIEU OF ALL OTHER EXPRESS AND WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS ATTACHMENT, PEAK-RYZEX DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED WARRANTIES WHATSOEVERWITH REGARD TO THE SERVICES PROVIDED UNDER THIS ATTACHMENT, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT PURPOSE. THESE DISCLAIMERS OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE WARRANTY CONSTITUTE AN ESSENTIAL PART OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsTHIS ATTACHMENT.

Warranty. Seller expressly warrants to Buyer, for a period of one year after the date of shipment from Seller’s plant, that all goods sold or services furnished under this agreement shall conform to Buyer under these terms shall meet their applicable specification as may all specifications and appropriate standards, will be set forth new, and will be free from defects in Seller’s product literature and/or packaging material or workmanship. Seller warrants that all such goods or services will conform to any statements made on the containers or labels or advertisements for such goods, or services, and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specificationwill be adequately contained, packaged, marked and labeled. Seller warrants that all goods or services furnished hereunder will be merchantable, and Sellerwill be safe and appropriate for the purpose for which goods or services of that kind are normally used. If Seller knows or has reason to know the particular purpose for which Purchaser intends to use the goods or services, in its sole discretion, determines Seller warrants that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair goods or replacement of such goods, and Seller services will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment fit for such returnparticular purpose. Under no circumstances Seller warrants that goods or services furnished will credit be allowed for unauthorized rework on any materialsconform in all respect to samples. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODSInspection, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERtest, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects acceptance or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities use of the goods or thatservices furnished hereunder shall not affect the Seller’s obligation under this warranty, and such warranties shall survive inspection, test, acceptance and use. Seller’s warranty shall run to Purchaser, its successors, assigns and customers, and users of products sold by Purchaser. Seller agrees to replace or correct defects of any goods or services not conforming to the foregoing warranty promptly, without expense to Purchaser, when notified of such nonconformity by purchaser, provided Purchaser elects to provide Seller with the opportunity to do so. In the event of failure of Seller to correct defects in its sole judgmentor replace nonconforming goods or services promptly, Purchaser, after reasonable notice to Seller, may make such corrections or replace such goods and services and charge Seller for the performance cost incurred by Purchaser in doing so. Seller recognizes that Purchaser’s production requirements may require immediate repairs or reliability thereof is adversely affected therebyreworking of defective goods, without notice to the Seller. In such event, Seller shall reimburse Purchaser for the costs, delays, or other damages which is subjected Purchaser has incurred. Price Warranty - Seller warrants that the prices for the articles sold Purchaser hereunder are not less favorable than those currently extended to abuseany other customer for the same or similar articles in similar quantities. In the event Seller reduces its price for such article during the term of this order, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environmentsSeller agrees to reduce the prices hereof correspondingly. Seller does warrants that prices shown on this purchase order shall be complete, and no additional charges of any type shall be added without Purchaser’s express written consent. Such additional charges include, but are not warrant that limited to, shipping, packaging, labeling, custom duties, taxes, storage, insurance, boxing, crating. Force Majeure - Purchaser may delay delivery or acceptance occasioned by causes beyond its control. Seller shall hold such goods at the operation direction of the goods will Purchaser and shall deliver them when the cause affecting the delay has been removed. Purchaser shall be uninterrupted or error-free, that the functions of responsible only for Seller’s direct additional costs in holding the goods will meet Buyeror delaying performance of this agreement at Purchaser’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its userequest. Seller assumes no liability for equipment shall also be excused if delivery is delayed by the occurrence of unforeseen and unforeseeable events, provided seller notifies Purchaser of such events as soon as they occur, and gives Purchaser its best estimate of revised delivery dates. If any delay exceeds 30 days from the original delivery date, Purchaser may cancel this order without any liability. If Seller’s production is only partially restricted or services furnished by Buyer or delayed, it shall use its customer nor does best efforts to accommodate the requirements of Purchaser, including giving this warranty cover any copy order preference and priority over those of or update to any user manual for the goodsother customers which were placed after this order.

Warranty. Seller represents and warrants to BuyerJEG, for to JEG's successors and assigns, and to each party to whom JEG must provide a period warranty under the JEG Contract, that (i) Seller has valid and marketable title to the goods covered by the Purchase Order; ( ii) all goods covered by the Purchase Order are free from any liens, security interests or other claims; and (iii) all goods and services shall be free from all defects and deficiencies and shall conform to all requirements of one year after the date of shipment from Seller’s plant, Purchase Order. Seller further warrants that all goods sold furnished under the Purchase Order shall be new, unless specifically stated otherwise in the Purchase Order, and shall be fit for their intended purpose and use, including without limitation, the use in any system on the Project of which the goods or services provided by Seller are a part. Seller further warrants that it, as well as its employees, agents and subcontractors, has and will maintain all the skills, experience and qualifications necessary to Buyer under these terms provide the services contemplated by the Purchase Order. The term of the warranty in this provision shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as one (1) year from the later of the date of shipment of on which all goods have been delivered and all services have been performed by Seller under the goods. IfPurchase Order, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace date on which acceptance of any system on the defective goods. Refurbished goods may be used to repair or replace the Project of which such goods and services are a part has occurred under the JEG Contract and JEG has received payment in full under that contract. In the event that a longer warranty period is prescribed under any provision of any document forming the Purchase Order, including, without limitation, the JEG Contract, such period shall constitute the warranty on such repaired or replaced goods period under the Purchase Order. All other warranties set forth shall be the balance of the warranty remaining on the goods which were repaired or replacedsurvive continuously. Buyer waives If any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or thatservices provided by Seller under the Purchase Order fail to perform their intended use properly during the warranty period, Seller shall promptly correct such deficiency in its performance (including without limitation, providing all labor, materials and other things necessary at the Project site and/or the place of manufacture to correct such deficiency) at Seller's sole judgment, and exclusive expense. The warranties and remedies provided in the performance Purchase Order shall be in addition to any other warranties or reliability thereof is adversely affected therebyremedies implied by, or which available at, law or required by the documents forming the Purchase Order. If the Seller is subjected unable to abuseor refuses to promptly correct or replace such deficiency, mishandlingthen JEG may repair or replace such goods and charge the Seller the cost. The one year warranty shall not limit or eliminate any legal remedy, misuse statutory or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsotherwise.

Warranty. Except as is furnished herein in writing by Seller warrants to Buyer, for a period Seller warrants solely to Buyer only that materials furnished hereunder will be of one year after the date kind designated or specified, and no other warranty, except of shipment title, shall be implied. Providing Buyer gives notice in accordance with Article 11, if goods sold hereunder contain defects in material or workmanship demonstrated to Seller’s satisfaction to have existed at the time of departure from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, reserving the right to either inspect them in its sole discretion, determines that such claim is valid, SellerBuyer’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such noticehands or request their return will, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair correct or replace the goods and the warranty on such repaired at Seller’s expense F.O.B. Seller’s plant, or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. give Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment proper credit for such returngoods determined by Seller to defective, with all necessary packaging and transportation costs (if any) to be assumed by Buyer. Under no circumstances will credit be allowed for unauthorized rework on any materialsThe foregoing shall not apply to goods that shall have been subjected to alteration, contamination, improper maintenance or storage, misapplication, misuse, negligence or accident after shipment from Seller’s plant by anyone except Seller’s authorized employees or to goods to which Buyer’s tests use an unrepresentative sample. EXCEPT FOR AS SET FORTH ON FACE OF SELLER’S WARRANTY INVOICE OR ON THE XXXX OF TITLE TO THE GOODSLADING, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROF MATERIALS SOLD HEREUNDER, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED NOTLIMITED TO IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY. THE REMEDIES SET FORTH IN THIS ARTICLE 3 SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE BUYER, IN LIEU OF ALL OTHER REMEDIES FOR DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL AND SPECIAL OR INCIDENTAL DAMAGE ARISING OUT OF LATE, PARTIAL AND/OR NON DELIVERY, THE NON-INFRINGEMENT SALE, USE, FURNISHING OF THIRD PARTY INTELLECTUAL PROPERTY MATERIALS, OR OTHERWISE SUITABILITY FOR GENERAL OR PARTICULAR USE). IN NO EVENT WILL SELLER’S LIABILITY EXCEED THE CONTRACT (PURCHASE) PRICE FOR THE MATERIALS FOR WHICH LIABILITY IS CLAIMED. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING SUITABILITY FOR USE AND SELLER SHALL IN NO EVENT BE LIABLE IN THIS RESPECT. THE GIVING OR FAILURE TO GIVE ADVICE, RECOMMENDATION OR SAFETY WARNINGS OF ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCECHARACTER BY SELLER SHALL NOT IMPOSE ANY LIABILITY UPON SELLER. If the materials sold hereunder are resold by Buyer, CUSTOM OR USAGE OF TRADEBuyer agrees to include in the contract for resale provisions which limit recoveries against Seller in accordance with this Article 3. Seller’s obligations do not cover defects No employee or losses caused by normal wear and tear agent of Seller is authorized to make any warranty statement, promise or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods understanding other than that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse specifically set forth herein. The provisions in any specification data sheet or neglect chart issued by Seller or any damage caused by connections, interfacing attached hereto are descriptive only and are not warranties or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsrepresentations.

Warranty. Seller COMPANY represents and warrants to BuyerRepresentative that the Products, for a period of one year after [***], will be free from material defects in materials and workmanship and will operate substantially in conformance with COMPANY’s documentation. This warranty period begins the date Products are shipped from Representative to its Customers. The foregoing warranty does not apply to any Products which have been subject to misuse, including but not limited to static discharge, neglect, accident or modification or which have been soldered or altered during assembly and are not capable of shipment from Sellerbeing tested by COMPANY under its normal test conditions. COMPANY’s plant, that all goods sold obligation for Products failing to Buyer under these terms meet this warranty shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as to refund the purchase price of the date of shipment of nonconforming Product, or to replace or repair the goodsnonconforming Products, provided that Representative follows COMPANY’s RMA procedures. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for COMPANY shall bear the cost of shipping the parts to repair or the unit to replace the defective goodsfreight and insurance for returned Products. Refurbished goods may be used to repair or replace the goods and the The warranty on such repaired or replaced goods any replacement Product shall be the balance same as that of the warranty remaining original Products. Representative will have no right or authority to make any further representations, warranties or guarantees on behalf of COMPANY in connection with the goods which were repaired or replacedsale of Products to its Customers. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND NON-TRANSFERABLE AND ARE MADE EXPRESSLY IN LIEU OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, AND IMPLIED WARRANTIES WHATSOEVEREACH PARTY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY IN CONNECTION WITH SALE OR USE OF THE PRODUCTS AND COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ANY PRODUCT OTHER THAN THE COMPANY PRODUCTS. ANY PROTOTYPES OR PRE-RELEASE COMPANY PRODUCTS THAT MAY BE FURNISHED BY COMPANY ARE FURNISHED “AS IS” WITH NO WARRANTIES OF ANY KIND. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsLIMITED REMEDY.

Warranty. Seller Marco represents and warrants that it will provide the Services in a good and workmanship- like manner and that the Services will meet any applicable generally accepted industry standards. Client must provide a written notice to Buyer, for a period of one year Marco within ten(10) days after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as delivery of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that Services (“Warranty Period”) describing any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Sellerwarranty in sufficient detail to allow Marco to correct and redeliver those Services. Marco shall as its sole obligation and Client’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible exclusive remedy for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance any breach of the foregoing warranty remaining on use commercially reasonable efforts correct any non-compliance reported to Marco by Client in writing during the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsWarranty Period. EXCEPT FOR SELLER’S AS EXPRESSLY STATED IN THIS SECTION, MARCO PROVIDES ALL THE PRODUCTS AND MARCO PROPERTY “AS IS” AND MARCO DOES NOT PROVIDE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF TITLE ANY KIND RELATING TO THE GOODSPRODUCTS AND MARCO PROPERTY, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, STATUTORY OR OTHER, INCLUDING BUT NOT LIMITED TO IMPLIED TO, WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE PURPOSE, TITLE, NONINFRINGEMENT AND ANY ALL WARRANTIES ARISING WHICH ARISE FROM COURSE OF DEALING DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, CLIENT ACKNOWLEDGES AND AGREES THAT NO TECHNOLOGY IS FOOLPROOF OR IMMUNE FROM ATTACK. MARCO CANNOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE PRODUCTS AND MARCO PROPERTY, OR ANY RESULTS OR USE THEREOF WILL OPERATE WITHOUT INTERRUPTION, SECURELY, ERROR FREE, WITHOUT DEFECT, FREE OF PERFORMANCEHARMFUL CODE, CUSTOM THIRD PARTY DISRUPTION OR USAGE THAT MARCO WILL CORRECT ALL DEFECTS. IN ADDITION, CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT THE INTERNET IS NOT A SECURE MEDIUM, MAY BE INHERENTLY UNRELIABLE AND SUBJECT TO INTERRUPTION OR DISRUPTION AND MAY BE SUBJECT TO INADVERTENT OR DELIBERATE BREACHES OF TRADESECURITY, FOR WHICH MARCO SHALL NOT BE HELD LIABLE. Seller’s obligations do No statement or writing of any Representatives of Marco will create any warranty whatsoever not cover defects or losses caused by normal wear set forth in this Agreement. Client represents and tear or deteriorationwarrants that it will not use, defects in or damage nor will it allow any third parties under its control to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgmentuse, the performance or reliability thereof is adversely affected therebyProducts for high-risk activities, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that such as the operation of nuclear facilities, air traffic control, or life support systems, where the goods will be uninterrupted use or error-free, that the functions failure of the goods Services could lead to death, personal injury, or environmental damage. Client shall not make any representations or warranties on behalf of Marco to any third party. Client shall be solely responsible and liable for any representations or warranties that Client makes to any third-party regarding Marco, the Products, or any other aspect of this Agreement. Each Party represents and warrants to the other Party that: (a) it has full power and authority to enter into this Agreement; (b) it is in compliance and will continue to comply during the term of this Agreement, with all laws and regulations applicable to such Party; and (c) it has the requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement. The Services will meet Buyerthe technical standards of performance or service levels, if any, set forth in the applicable Product Agreement. Client’s sole and exclusive remedy for any failure to meet the applicable technical standards of performance or its customer’s requirements or that service levels shall be as specified in the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsapplicable Product Agreement.

Warranty. Seller warrants Except for uncompleted items of Tenant Improvements specified in the punchlist described in Section 5.3, above, and for latent defects, Tenant shall be deemed to Buyer, for a period have accepted all elements of one year after Tenant Improvements on the date of shipment from SellerSubstantial Completion. In the case of a dispute concerning the completion of items of Tenant Improvements specified in the punchlist, such items shall be deemed completed and accepted by Tenant upon the delivery to Tenant of a certificate of the Architect on behalf of the Contractor that such items have been completed unless the certification reasonably is disputed by Tenant by a notice to Landlord given within ten (10) Business Days of Landlord’s plantdelivery of the certification to Tenant. In the case of latent defects in Tenant Improvements appearing after the Rent Commencement Date, Tenant shall be deemed to have waived any claim for correction or cure thereof on the date that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of is 11 months following the date of shipment Substantial Completion of the goodsapplicable work if Tenant has not then given notice of such defect to Landlord. IfFor the purposes of this Lease, after Seller receives written notice, within “latent defects” shall mean defects in the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach construction of the foregoing warrantyLandlord Work that are not readily observable by visible inspection at the time the punchlist is prepared or cannot be ascertained by reason of seasonality. Landlord shall cause Landlord’s contractor so to remedy, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace any such latent defects identified by Tenant within the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationforegoing time periods, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent together with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connectionsto the Landlord Work on account of such defects, interfacing or such action to occur as soon as practicable during normal working hours and so as to avoid any unreasonable interruption of Tenant’s use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted Permanent Premises. If timely and adequate notice has been given and if Landlord has other guarantees, contract rights, or error-freeother claims against contractors, that materialmen, architects, suppliers or manufacturers with respect to the functions of Tenant Improvements or any portion thereof, Landlord shall also exercise commercially reasonable efforts to enforce such guarantees or contract rights for Tenant’s benefit upon its request. The foregoing shall constitute Landlord’s entire obligation with respect to all latent defects in the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsTenant Improvements.

Warranty. Seller Supplier warrants to Buyer, that the units of Product supplied under this Agreement will meet the mutually agreed upon specifications in effect at the time of manufacture and be free from defects in Supplier supplied material and workmanship for a period of one year after [***] from the date of shipment manufacture. Parts not meeting the specifications shall be returned to Supplier for replacement, repair or credit. Supplier will return all units determined by Supplier to be warranty defectives within ten (10) working days of receipt. The repair work will be warranted for a period of [***] from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period repair or for the foregoing warrantyoriginal warranty date, that any goods allegedly do whichever is longer. Repair of out of warranty returns will be negotiated between Netrx xxx Supplier. Supplier will provide corrective and preventive action for all in warranty materials identified as not meet Seller’s applicable specificationmeeting specifications. Replacement, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy repair or credit of warranty repairs constitutes Netrx'x xxxe remedies against Supplier for breach of warranty claims. Out-of Warranty Products returned to Supplier for repair shall be evaluated and the foregoing warranty, will be, within a reasonable time after Seller’s cost to repair the unit determined. Within five (5) business days of receipt of such notice, at Seller’s option, either Product Supplier will notify Netrx xx the estimated repair or replacement of such goods, cost and Seller will await written authorization from Netrx xxxore starting work. Out-of-warranty repairs will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods completed and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationNetrx xx end customer within fifteen (15) days of receipt of start work authorization subject to material availability. Products that have been subjected to abuse, including misuse, accident, alteration, neglect or unauthorized repair will be handled the meanssame as an Out-of-warranty repair. THE WARRANTIES CONTAINED IN THIS SECTION ARE IN LIEU OF, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER AND SUPPLIER EXPRESSLY DISCLAIMS AND EXCLUDES NETRX XXXVES ALL OTHER EXPRESS REPRESENTATIONS AND IMPLIED WARRANTIES WHATSOEVERWARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADEUSE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goods.[***] CONFIDENTIAL TREATMENT REQUESTED ------------------------------------------------------------------------------- Netrx Xxxporation 3860 Xxxxx Xxxxx Xxxxxx Xxx Xxxx Xxxxxxxxxx 00000 408.216.1500 408.000.0000 (Xxx)

Warranty. Seller DEFIANT warrants to Buyer, DEFIANT Products for a the period of one year after time set out in the date of shipment from Seller’s plantwarranty that accompanies DEFIANT Products. DEFIANT makes no warranty beyond the warranty that accompanies DEFIANT Products. If defects occur within the warranty period, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as Dealer will notify DEFIANT immediately and, upon confirmation by an authorized DEFIANT sales representative of the date of shipment of the goods. Ifdefects, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet SellerDEFIANT’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will responsibility shall be responsible for the cost of shipping the parts to repair or the unit to replace the defective goodsitem if it cannot be repaired. Refurbished goods may be used This warranty does not apply to repair defects not caused by DEFIANT (for example, accidents or replace the goods and the warranty on such repaired or replaced goods abuse while in Dealer’s possession). DEFIANT shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives not have any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery liability of any allegedly defective goods returned to it without kind under this warranty unless Dealer gives DEFIANT notice of its prior authorizationclaim within thirty (30) days after the Dealer knows, including the meansor should know, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsits claim. EXCEPT FOR SELLER’S AS SET FORTH HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO DEFIANT PRODUCTS. DEFIANT EXPRESSLY EXCLUDES AND DISCLAIMS ANY IMPLIED WARRANTY OF TITLE TO THE GOODSMERCHANTABILITY AND ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERAPPLICATION OR USE. UNDER NO CIRCUMSTANCES WILL DEFIANT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND DEFIANT’S LIABILITY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsDEFIANT PRODUCT ON WHICH SUCH LIABILITY IS BASED.

Warranty. Seller SELLER warrants that if any product of its manufacture upon examination is found by a SELLER’S representative to Buyerbe defective in either workmanship or material under normal use and service SELLER, for a period of one year after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in at its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warrantyoption, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace same free of charge including lowest transportation charges but not cost of installation or removal, or have the goods purchase price refunded, provided that SELLER receives a written claim specifying the defect within ninety (90) days from date of distributor sale or one (1) year from date of factory shipment, whichever occurs first. SELLER further warrants that if a service performed by it for BUYER in installation or repair of equipment or parts examination of SELLER’S manufacture is found by a SELLER’S representative to be defective in workmanship under normal use and service, SELLER, at its option, will repair or replace same free of charge including lowest transportation charges or will refund the warranty on such repaired purchase price thereof, provided that SELLER receives written claim specifying the defect within ninety (90) days from date of service. The performance of a service by SELLER with respect to machinery, apparatus, accessories, materials, or replaced goods supplies provided by BUYER or not manufactured by SELLER are specifically excluded from SELLER’s warranty. All warranties with respect to machinery, apparatus, accessories, materials or supplies not manufactured by SELLER shall be the balance limited to their respective warranties of the warranty remaining manufacturers thereof, if any, which SELLER may be permitted to pass on the goods which were repaired or replacedto BUYER. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery The effects of any allegedly defective goods returned to it without its prior authorizationcorrosion, including the meanserosion, carrier misuse, improper installation (if not by SELLER), neglect and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR normal wear and tear are specifically excluded from SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES warranty. ALL OTHER EXPRESS AND WARRANTIES EXPRESSED OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE ARE HEREBY DISCLAIMED. SUBJECT TO CLAUSE 14(c) BELOW, THE NON-INFRINGEMENT FOREGOING EXPRESSES ALL OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE SELLER’S OBLIGATIONS AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCELIABILITIES WITH RESPECT TO THE PRODUCTS AND SERVICES FURNISHED BY IT HEREUNDER. The liability of SELLER, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects on any claim of any kind, whether based on warranty, contract, negligence or losses caused by normal wear and tear or deteriorationotherwise, defects in for any loss or damage to any goods arising out of, connected with, or resulting from improper installationthis contract, accident or any utilizationfrom the performance or breach thereof, maintenanceor from the manufacture, sale, delivery, resale, repair or modification use of any equipment covered by or furnished under this contract shall, subject to clause 14(c) below, in no case exceed the purchase price, and upon expiration of the goods that is not consistent with Seller’s instructions or warranty period all such liability shall terminate. The foregoing shall, subject to clause 14(c) below, constitute the designed capabilities sole liability of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsSELLER.

Warranty. Seller The following warranties apply: For equipment rentals by a Participating Entity, Vendor warrants to Buyerthat upon delivery the equipment rented hereunder will be in good working condition. If the equipment is not in good working condition upon delivery, for a period of one year after Vendor shall promptly repair or replace the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in equipment at its sole discretion, determines that such claim is valid, Seller’s entire liability cost and sole obligation and expense. If the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either equipment requires repair or replacement of such goodsduring the rental period, Vendor will promptly repair or replace the equipment at its sole cost and Seller expense; provided, however, if the repair or replacement is necessary due to Participating Entity’s abuse, misuse, or neglect, then Participating Entity will be responsible for the cost of shipping the parts to such repair or replacement. EXCEPT AS SET FORTH HEREIN VENDOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE RENTAL OF EQUIPMENT. For equipment purchases by a Participating Entity, the unit only warranty provided with the equipment sold herein is the warranty provided by the original equipment manufacturer (“OEM”). Vendor will pass through all warranties, to replace the defective goodsextent allowable, that the OEM provides. Refurbished goods may be used If a warranty claim is approved by the OEM and the OEM authorizes Vendor to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replacedequipment, Vendor will do so. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationALL WARRANTIES, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S INCLUDING ANY IMPLIED WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES MERCHANTABILITY OR OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE PURPOSE, ARE EXPRESSLY EXCLUDED AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCEDISCLAIMED. For services provided to a Participating Entity, CUSTOM OR USAGE OF TRADEVendor warrants the services will be performed in a good and workmanlike manner. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification The duration of the goods that warranty shall be 30 days after the service is not consistent with Seller’s instructions completed. If during the 30-day warranty period the equipment requires additional service, because of defective original service or a defective replacement part(s), then Vendor will re-perform the designed capabilities of defective service and/or replace the goods or that, in defective part at its sole judgment, cost and expense. If the performance or reliability thereof is adversely affected thereby, or which is subjected equipment has been subject to abuse, mishandlingmisuse, misuse or neglect neglect, Vendor shall have no obligation to re-perform the service or replace any damage caused part(s). The only warranty on replacement parts provided with Vendor’s service herein is the warranty provided by connectionsthe original equipment manufacturer (“OEM”). Vendor will pass through all warranties, interfacing or use in unforeseen or unintended environments. Seller does not warrant that to the operation of the goods will be uninterrupted or error-freeextent allowable, that the functions of OEM provides. If a warranty claim on such replacement part is approved by the goods OEM and the OEM authorizes Vendor to repair or replace the part, Vendor will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its usedo so. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsEXCEPT AS SET FORTH HEREIN VENDOR DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO REPLACEMENT PARTS AND SERVICE OF EQUIPMENT.

Warranty. Seller warrants to Buyer, for a period of one year after A. Builder will provide warranty coverage on the date of shipment from Seller’s plant, that all goods sold Improvements to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging pursuant to the attached and labeling materials published as of the date of shipment of the goodsincorporated Express Limited Home Warranty. IfBUILDER AGREES TO COMPLY WITH THE EXPRESS LIMITED HOME WARRANTY AS ITS EXPRESS CONTRACTUAL WARRANTY. UNLESS BUILDER HAS ALSO ELECTED TO PROVIDE A THIRD-PARTY WARRANTY, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S BUILDER AND BUYER AGREE THAT THE EXPRESS LIMITED HOME WARRANTY CONSTITUTES THE EXCLUSIVE WARRANTY TO BE MADE AVAILABLE BY BUILDER AND IS IN PLACE OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES SUPERSEDES AND PRECLUDES ALL OTHER GUARANTIES OR WARRANTIES, EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM WORKMANSHIP, REPAIR, MODIFICATION, MERCHANTABILITY, SUITABILITY AND FITNESS. ANY AND ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED BY BUILDER AND WAIVED BY BUYER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF GOOD AND WORKMANLIKE REPAIR OR USAGE MODIFICATION OF TRADEEXISTING TANGIBLE GOODS OR PROPERTY AND THE IMPLIED WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION. Seller’s obligations THE PARTIES AGREE THAT THE EXPRESS LIMITED HOME WARRANTY AND THIRD-PARTY WARRANTY, IF APPLICABLE, ADEQUATELY SET FORTH THE MANNER, PERFORMANCE, AND QUALITY OF THE CONSTRUCTION OF THE HOME AND IMPROVEMENTS AND SERVICES TO BE PERFORMED. Buyer acknowledges, understands, and agrees that the terms of the Express Limited Home Warranty and Third-Party Warranty, if applicable, are clear, specific, and sufficiently detailed to establish the only standards of construction performance or service that Builder or Warrantor are obligated to meet. The Parties agree that this Express Limited Home Warranty will control any warranty, workmanship, material, or any other defect claims regarding the Property or Improvements. For items in need of repair under the Express Limited Home Warranty, the Parties agree that Builder shall have the sole right to determine the means, method, and manner of repair to be implemented. In the event that the Express Limited Home Warranty or the Third-Party Warranty do not cover defects specify a building or losses caused by normal wear performance standard for the identified item, the usual and tear customary industry standards for similar improvements in the geographic region shall govern. In short, the Express Limited Home Warranty provides warranty coverage on the Improvements for one (1) year for workmanship and materials, two (2) years for plumbing, electrical, heating, and air-conditioning delivery systems, and ten (10) years for major structural components of the Improvements. Under no circumstance is any landscaping, whether currently existing trees, plants, or deteriorationgrass on the subject property, defects in or damage to any goods resulting from improper installation, accident or any utilizationof those installed by Builder, maintenance, repair warranted by the Express Limited Home Warranty or modification any other warranty. Builder and Buyer agree that no warranty of any kind exists on landscaping in consideration for issuance of the goods that Express Limited Home Warranty and any Third-Party Warranty. It is not consistent with Seller’s instructions or incumbent upon the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected Buyer to abuse, mishandling, misuse or neglect or properly maintain and care for any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodslandscaping.

Warranty. Seller GOODS: SELLER warrants to Buyer, against defects on all GOODS in accordance with the original equipment manufacturer’s written warranty. PARTS: SELLER warrants against defects on all PARTS for a period of one year after ninety (90) days from the date of shipment DELIVERY. SERVICES: SELLER warrants against defects in workmanship on all SERVICES performed by SELLER for a period of ninety (90) days from Seller’s plantthe date of completion of such SERVICES. SELLER’S obligation to repair or replace any defective GOODS or PARTS or reperform any defective SERVICES during the warranty period shall be BUYER’S sole and exclusive remedy and SELLER’S sole liability arising under this warranty or any warranty claim made by BUYER. In order to be entitled to the foregoing warranties, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth BUYER must notify SELLER in Seller’s product literature and/or packaging and labeling materials published as writing of defects within thirty (30) days of the date of shipment discovery of same during the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsperiod. EXCEPT FOR SELLER’S AS MAY BE OTHERWISE EXPRESSLY SET FORTH IN WRITING HEREIN, THIS WARRANTY OF TITLE TO THE GOODSIS PROVIDED IN LIEU OF, AND SELLER EXPRESSLY DISCLAIMS EXCLUDES ANY AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND AND/OR ANY EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR THE NONUSE. BUYER shall bear any and all costs of providing free and clear access to the GOODS and PARTS (including removal and replacement of systems and structures), de-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCEinstallation, CUSTOM OR USAGE OF TRADEre-installation and transportation of GOODS and PARTS to SELLER and back to BUYER. Seller’s obligations do not cover defects No allowance will be made for repairs or losses alterations made by others without SELLER’S prior written consent. If repairs or alterations are attempted without SELLER’S prior written consent, this warranty shall be null and void. SELLER assumes no responsibility for damages caused by accident, neglect, damage during transport, improper installation, use, handling, or maintenance, including installation by unauthorized third parties, or by operation in violation of rated operating conditions, internal or otherwise, or normal wear and tear or deterioration, defects in or damage to any goods damages resulting from improper installationthe use of parts not authorized by the original equipment manufacturer or from BUYER’S failure to store, accident install, maintain, and/or operate the GOODS or any utilizationPARTS in accordance with SELLER’S operating manuals, maintenanceservice manuals, repair or modification instructions, drawings, and good engineering practice. None of the goods that is not consistent with Seller’s instructions GOODS or PARTS furnished by SELLER shall be deemed defective by reason of chemical or abrasive action, excessive heat or failure to resist the action of excessive heat, erosive or corrosive gases or liquids or the designed capabilities deposition of foreign material from such gases or liquids. SELLER’S receipt of payment in full of all sums due to SELLER shall be a condition precedent to SELLER’S warranty obligations, and the goods making of any warranty claim by BUYER shall not excuse BUYER’S obligation to make timely payment of all sums due to SELLER. No repair, replacement or that, in its sole judgment, reperformance by SELLER shall extend the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this applicable warranty cover any copy of or update to any user manual for the goodsperiod.

Warranty. Seller Arista warrants to BuyerCustomer, for a period during the applicable Subscription Period, the Subscription Services will perform materially in accordance with the applicable the Documentation. The sole and exclusive remedy of one year after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specificationCustomer, and Seller, in its sole discretion, determines that such claim is valid, Seller’s the entire liability and sole obligation and the exclusive remedy for breach of the foregoing warrantyArista, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the under this limited warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsis described below in this Section 6. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODSAS SPECIFIED IN THIS SUBSCRIPTION AGREEMENT, SELLER EXPRESSLY ARISTA MAKES NO WARRANTIES AND HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THE PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES THOSE ARISING FROM A COURSE OF DEALING OR OF PERFORMANCEDEALING, CUSTOM OR USAGE OF TRADE. Seller’s obligations CUSTOMER MUST NOTIFY ARISTA IN WRITING PROMPTLY OF ANY CLAIMED BREACH OF ANY WARRANTIES DURING THE WARRANTY PERIOD. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL BE, AT ARISTA’S OPTION, CORRECTION OF THE SUBSCRIPTION SERVICES, OR TERMINATION OF THE APPLICABLE SUBSCRIPTION SERVICES AND RETURN OF THE UNEARNED PORTION OF THE FEES PREPAID TO ARISTA BY CUSTOMER FOR SUCH NON-CONFORMING SUBSCRIPTION SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. Arista and its licensors do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that (a) the Subscription Service will meet Customer’s needs or requirements, (b) access to or the operation of the goods Subscription Service will be uninterrupted or error-free, that (c) the functions of Subscription Service will be always available or available at any particular time, or (d) defects in the goods Subscription Service will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsbe corrected.

Warranty. Seller warrants to Buyer, the products against defects in workmanship and materials for a period of one year after the 6 months, under normal use and service from date of shipment from and to no further extent. Seller's obligation under this warranty is limited to replacing or repairing or giving credit at the Seller’s plantsole option for any of said products which shall, that all goods sold within fifteen (15) days after failure be returned to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging 's place of origin, transportation charges prepaid and labeling materials published as of the date of shipment of the goods. Ifwhich are, after examination, determined by Seller receives written noticeto be defective. This warranty shall not apply to any product which shall have been repaired or altered, within the period for the foregoing warrantyexcept by Seller, that or which shall have not been maintained in accordance with any goods allegedly handling or operating instructions supplied by Seller, or which shall have been subjected to extensive physical or electrical stress, misuse, abuse, negligence, improper installation, or accidents. The aforementioned provisions do not meet Seller’s applicable specificationextend the original warranty period of any product, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, which has either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such been repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replacedby Seller. Buyer waives any claim to any goods which were replaced or shall contact Seller for an authorized Return Material Authorization number and notification that Seller has obtained the components therein which were replacedappropriate import license, if a license is applicable. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationSELLER SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO BUYER FOR INCIDENTAL, including the means, carrier and route of shipment for such returnSPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF WHATEVER NATURE ARISING OUT OF OR CONNECTED WITH OR RESULTING FROM THE SALE BY SELLER OR THE RESALE OR USE BY BUYER OF ANY PRODUCT(S) AND/OR SERVICE(S) DELIVERED HEREUNDER. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S THIS WARRANTY IS STATED IN LIEU OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERWARRANTIES, EXPRESS, STATUTORY OR IMPLIED, OR OTHERWISE MADE INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON SELLER'S PART IN CONNECTION WITH THE NON-INFRINGEMENT SALE OF THIRD PARTY INTELLECTUAL PROPERTY SAID PRODUCTS, AND SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR SELLER ANY OTHER OBLIGATION OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE LIABILITIES IN CONNECTION WITH THE SALE OF DEALING THE PRODUCTS OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsSERVICES.

Warranty. Seller warrants to Buyerthat non-leased major appliances; heating, for a period of one year after the date of shipment from Seller’s plantcooling, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. Ifmechanical, after Seller receives written noticeelectrical, within the period for the foregoing warrantysecurity, that any goods allegedly do not meet Seller’s applicable specificationsprinkler, septic, and Sellerplumbing systems; seawall; dock; and pool equipment, if any, are and will be maintained in its sole discretionworking condition until Closing; that the structures (including roofs, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goodsdoors, and Seller windows) and pool, if any, are structurally sound and watertight; and that torn or missing screens, missing roof tiles, and fogged windows will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery Limited remaining life of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances warranted item will credit not be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. considered a defect that must be repaired or replaced by Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant and is not required to repair cosmetic conditions, unless the cosmetic condition resulted from a defect in a warranted item. Seller is not obligated to bring any item into compliance with existing building code regulations unless necessary to repair a warranted item. "Working condition" means operating in the manner in which the item was designed to operate and "cosmetic conditions" means aesthetic imperfections that do not affect the operation working condition of the goods will be uninterrupted item, including pitted marcite; tears, worn spots, and discoloration of floor coverings/wallpapers/window treatments; caulking in bathroom; nail holes, scratches, dents, scrapes, and chips in ceilings/walls/flooring/tile/fixtures/mirrors; cracked roof tiles; curling or error-freeworn shingles; and minor cracks in floor tiles/windows/driveways/sidewalks/pool decks/garage and patio floors. Professional Inspection: Buyer may, at Buyer's expense, have warranted items inspected by a person who specializes in and holds a license (if required by law) to conduct home inspections or who holds a Florida license to repair and maintain the items inspected ("professional inspector"). Buyer must, within 5 days after the end of Inspection Period, deliver written notice of any items that are not in the functions condition warranted and a copy of the goods will portion of the inspector's written report dealing with such items to Seller. If Buyer fails to timely deliver written notice, Buyer waives Seller's warranty and accepts the items listed in Subparagraph (a) above in their "as is" conditions, except that Seller must meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsMaintenance Requirement.

Warranty. Seller warrants ABCO extends to Buyerthe Purchaser and/or end-user all written warranties, if any, granted by the manufacturer and in effect from time to time, or will pass on to Purchaser any remedy to which ABCO is entitled under that warranty. Purchaser shall deliver any written warranty to its customers, for a period ultimate delivery to the end users of one year after those Products. ABCO will administer and promptly process all warranties in accordance with the date of shipment from Sellermanufacturer’s plantspecific warranty policies and procedures. SUCH WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED. ABCO MAKES NO WARRANTY (EXCEPT OF TITLE) TO ANY DISTRIBUTOR OR OTHER INTERMEDIARY PURCHASER. NO WARRANTY OF MERCHANTABILITY OR FITNESS, AND NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, ARE MADE BY ABCO WITH RESPECT TO ANY PRODUCT. ABCO SHALL NOT BE RESPONSIBLE FOR ANY LABOR CHARGES OR CONSEQUENTIAL DAMAGES DUE TO DEFECTS THEREIN. PURCHASER’S EXCLUSIVE REMEDY AND ABCO’S SOLE RESPONSIBILITY IS FOR ABCO TO ADMINISTER AND HONOR THE MANUFACTURER’S WARRANTY, IF ANY IS FURNISHED, WITH RESPECT TO DEFECTIVE PRODUCT, PROVIDED THAT WRITTEN NOTICE SHALL BE GIVEN ABCO WITHIN THE MANUFACTURER’S WARRANTY PERIOD. ALL VERBAL STATEMENTS, REPRESENTATIONS AND PROMISES ARE MERGED HEREIN. NOTE- The manufacturer’s warranty does not cover Product that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of has been damaged by improper usage, application or installation, careless handling, or tampering. If the date of shipment of warranty is not honored by the goods. Ifmanufacturer, after Seller receives written notice, within then the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim Purchaser is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsreplacement.

Warranty. Seller warrants to BuyerBuyer that all tangible articles manufactured by Seller will be free of defects in workmanship and material and that the work performed will be of good quality and will conform to the requirements of the bid documents. If the article is installed by Seller, for a period of one year after Seller’s sole obligation under this warranty shall be to provide, without charge, parts and labor necessary to remedy defects which appear within twelve (12) months from the date of shipment from beneficial use or occupancy, as applicable. If Seller provides a Certificate of Substantial Completion, such certificate shall conclusively establish such date. If article is not installed by Seller’s plant, that all goods sold to Buyer under these terms the warranty period shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date within twelve (12) months of shipment of said article. Warranty claim must be made to Seller in writing within such twelve (12) month period. All transportation charges incurred in connection with the goodswarranty for equipment not installed by Seller shall be borne by Buyer. IfSeller warrants that for equipment furnished and or installed, after but not manufactured by Seller, Seller will extend the same warranty terms and conditions which Seller receives written notice, within from the period for manufacturer of said equipment. This warranty is the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, sole and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim given with respect to any goods which were replaced articles delivered or the components therein which were replacedservices performed by Seller. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES EXPRESS AND OR IMPLIED (EXCEPT WARRANTIES WHATSOEVEROF TITLE), INCLUDING INCLUDING, BUT NOT LIMITED TO IMPLIED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NONPURPOSE. This warranty is subject to proper installation of the articles (if installation is not performed by Seller or authorized subcontractors of the Seller) and maintenance and storage of the articles in accordance with the specifications and directions supplied by Seller. This warranty does not apply to any defect, malfunction or failure caused by repairs made by other than or without the consent of Seller or the article has been subject to abuse, misuse, neglect, tampering, accident or damage by circumstances beyond Seller’s control, including without limitation, acts of God, war, acts of government, corrosion, power fluctuations, freeze-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCEups, CUSTOM OR USAGE OF TRADElabor disputes, differences with workmen, riots, explosions, vandalism, or malicious mischief, nor to defective associated equipment or use of the articles with equipment for which they were not sold. All of Seller’s obligations do not cover defects under this warranty will immediately terminate and be of no further force or losses caused by normal wear and tear effect if all or deterioration, defects in or damage any part of the purchase price (including any installment payment) with respect to any goods resulting from improper installationarticle covered by this warranty is not paid to Seller when due. If cause of defect is found not to be Seller’s responsibility, accident or any utilization, maintenance, standard rates for repair or modification replacement and labor shall apply. 9 Limitation of the goods that is not consistent with Liability. In no event will Seller’s instructions total aggregate liability in warranty or contract exceed the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual contract price paid for the goodsspecific product or service that gives rise to the claim excluding third party claims for personal injury, death or property damage or as may be required by law. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Warranty. Seller (a) Atmel warrants that goods delivered hereunder shall conform to Buyer, the applicable specifications and shall be free from defects in material and workmanship under normal use and service for a period of one year after from the applicable date of invoice. For products which are not standard products, such as dice and wafers, Atmel warrants to Sonix that such products shall conform to the applicable specifications and shall be free from defects in material and workmanship under normal use and service for a period of ninety (90) days from the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification code as may be set forth on Sonix's end Product. Products which are "samples" and/or "prototypes" are sold "AS IS", "WITH ALL FAULTS," and with no warranty whatsoever. If during such warranty period, (i) Atmel is notified promptly in Seller’s product literature and/or packaging and labeling materials published as writing upon discovery of the date of shipment of any defects in the goods. If, after Seller receives written noticeincluding a detailed description of such defect; (ii) such goods are returned to Atmel, within the period for the foregoing warranty, that any FCA Atmel's facility accompanied by Atmel's Returned Material Authorization; and (iii) Atmel's reasonable examination of such goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines discloses to Atmel's satisfaction that such claim is validgoods are defective and such defects are not caused by accident, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warrantyabuse, will bemisuse, neglect, alteration, improper installation, repair, or alteration by someone other than Atmel, improper testing, or use contrary to any instructions issued by Atmel within a reasonable time after Seller’s receipt of such noticetime, Atmel shall (at Seller’s its sole option) promptly either repair, either repair replace or replacement if not commercially reasonable for the prior options, credit Sonix the purchase price of such goods. Prior to any return of goods by Sonix pursuant to this clause, Sonix shall afford Atmel the opportunity to inspect such goods at Sonix's location, and Seller will any such goods so inspected shall not be responsible for the cost of shipping the parts returned to repair or the unit to replace the defective goodsAtmel without its prior written consent. Refurbished Atmel shall return any goods may be used to repair or replace the goods and the warranty on such repaired or replaced under this warranty to Sonix transportation prepaid, and reimburse Sonix for the transportation charges paid by Sonix for such goods. The performance of this warranty shall be tolled during such repair, replacement and transportation period however the total warranty period for any goods shall not be the balance of the warranty remaining on beyond that period applicable to the goods which were repaired or replacedoriginally delivered. Buyer waives any claim to any goods which were replaced or the components therein which were replacedTHE FOREGOING WARRANTY CONSTITUTES ATMEL'S EXCLUSIVE LIABILITY, AND THE EXCLUSIVE REMEDY OF SONIX, FOR ANY BREACH OF WARRANTY OR OTHER NONCONFORMITY OF GOODS COVERED BY THIS AGREEMENT. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationTHIS WARRANTY IS EXCLUSIVE, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY AND IN LIEU OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERWARRANTIES. ATMEL MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE. THE NON-INFRINGEMENT SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsTHIS WARRANTY SHALL BE AS EXPRESSLY PROVIDED HEREIN.

Warranty. Seller warrants If a Commercial or Hospital license has been granted to Buyerthe Licensee, Licenser warrants, for Licensee’s benefit alone, for a period of one year after ninety days from the effective date of shipment from Seller’s plantthe License Agreement with which the Software was installed for the first time (hereinafter referred to as the “Warranty Period”) the Software shall operate substantially in accordance with the functional specifications in the Documentation. There will be no Warranty Period in any following renewal periods if the Licensee elects to renew its Annual or Subscription License. If during the Warranty Period, it appears that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as any part of the date Software does not function in accordance with its specifications, Licensee may return the Licensed Material to Licenser for replacement or refund of shipment of the goodsamounts paid under this License Agreement, at Licensee’s choice. If, after Seller receives written notice, within the period for Licensee agrees that the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, constitutes his sole and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach by Licenser of warranties made under this Agreement. Except for the warranties set forth above, the Licensed Material, and the Software contained therein, are licensed “as is”, and Licenser disclaims any and all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. In case of Educational and Research licenses, the Software is warranted to perform substantially in accordance with its specifications, for a period of 90 days from the date of delivery of the License File (hereinafter “the Warranty Period”). During the Warranty Period, Licenser’s obligations under the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be to use its best efforts to correct errors in the balance of the warranty remaining on the goods which were repaired or replacedSoftware. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODSMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER EXPRESSLY LICENSER DISCLAIMS ANY WARRANTIES AND EXCLUDES ALL OTHER CONDITONS, EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE OR THE PURPOSE, TITLE, NON-INFRINGEMENT OF INFRINGEMENT, OR COMPATIBILITY WITH PARTICULAR THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCEPRODUCTS. In case of Temporary Evaluation licenses, CUSTOM OR USAGE OF TRADEthe Software is distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Seller’s obligations do Licenser does not cover defects warrant, guarantee, nor makes any representations regarding the use of, or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification the results of the goods that is not consistent with Seller’s instructions or the designed capabilities use of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environmentsSoftware. Seller Licenser does not warrant that the operation of the goods Software will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goods.

Warranty. 15. Seller warrants to Buyerthat the Goods, for if manufactured by Seller, will be free from defects in material and workmanship ofr a period of one (1) year after the date of shipment from Seller’s plant, that all shipment. Any claim by Xxxxx with reference to the goods sold shall be deemed waived by Xxxxx unless submitted in writing to Seller within the earlier of (i) thirty days following the date Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as discovered or by reasonable inspection should have discovered any claimed breach of warranty or (ii) thirteen months following the date of shipment shipment. Any cause of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy action for breach of the foregoing warrantywarranty shall be brought within one year of the date the alleged breach was discovered or should have been discovered whichever occurs first. If any of the goods are found by Seller to be defective, such goods will be, within a reasonable time after Seller’s receipt of such notice, be replaced at Seller’s optioncost, either repair exclusive of labor and installation costs. Claims for defective material or replacement workmanship must be verified by an authorized representative of such goodsSeller. Goods found to be defective must be delivered to Seller’s plant, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADEtransportation charges prepaid. Seller’s obligations do liability (whether under the theories of breach of contract or warranty, negligence or strict liability) under this warranty is limited to Seller’s cost of replacing any Goods found by Seller to be defective and shall not cover defects or losses caused by normal wear exceed the original contract price for the defective product. The parties hereto expressly agree that buyer’s sole and tear or deteriorationexclusive remedy against the Seller shall be for the replacement of defective Goods as provided herein. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, defects EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE NOT EXPRESSLY SET FORTH HEREIN. NO AFFIRMATION OF SELLER, BY WORDS OR ACTION, OTHER THAN AS SET FORTH IN THIS SECTION 15 SHALL CONSTITUTE A WARRANTY. GOODS WHICH MAY BE SOLD BY SELLER BUT WHICH ARE NOT MANUFACTURED BY SELLER ARE NOT WARRANTED BY SELLER, BUT ARE SOLD ONLY WITH THE WARRANTIES, IF ANY, OF THE MANUFACTURES THEREOF. Seller’s warranty shall only apply to Goods which have been properly mounted, housed and lubricated (when required) in or damage accordance with Seller’s factory instructions. Seller’s warranty shall not apply if Goods have been subjected to any goods resulting from misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident, improper installation, accident modification (including but not limited to use of unauthorized parts or any utilizationattachments), maintenance, or adjustment or repair performed by anyone other than Seller or modification one of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or thatauthorized agents. IN NO EVENT SHALL SELLER BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, in its sole judgmentINCLUDING WITHOUT LIMITATION BREACH OF ANY OBLIGATION IMPOSED ON SELLER HEREUNDER OR IN CONNECTION HEREWITH. CONSEQUENTIAL DAMAGES FOR PURPOSES HEREOF SHALL INCLUDE, the performance or reliability thereof is adversely affected therebyWITHOUT LIMITATION, or which is subjected to abuseLOSS OF USE, mishandlingINCOME OR PROFIT, misuse or neglect or any damage caused by connectionsOR LOSSES SUSTAINED AS THE RESULT OF INJURY (INCLUDING DEATH) TO ANY PERSON, interfacing or use in unforeseen or unintended environmentsOR LOSS OF OR DAMAGE TO PROPERTY (INCLUDING WITHOUT LIMITATION PROPERTY HANDLED OR PROCESSED BY THE USE OF THE GOODS). Seller does not warrant that the operation of the goods will be uninterrupted or error-freeBUYER SHALL INDEMNIFY SELLER AGAINST ALL LIABILITY, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its useCOST OR EXPENSE WHICH MAY BE SUSTAINED BY SELLER ON ACCOUNT OF ANY SUCH LOSS, DAMAGE OR INJURY. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goods.GENERAL CONDITIONS

Warranty. Seller If full payment for the Products is received, Lydall warrants to Buyer, that at the time of shipment and for a period of one 1 year after thereafter (unless a different period is specified by Lydall) its Products (not including any parts, materials or equipment not manufactured or supplied by Lydall) shall be substantially free of material defects in workmanship and material under normal use and service and shall substantially conform to contract specifications, subject to Lydall's standard tolerances for variations. Our warranties extend only to you, the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specificationoriginal Buyer, and Seller, in its sole discretion, determines that such claim you cannot transfer them. This warranty is valid, Seller’s entire liability and sole obligation and inapplicable to the exclusive remedy for breach of extent Buyer has selected materials or designed the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replacedproduct. In no event will Seller shall Lydall be required liable for any defective good if examination discloses that the good has been taxed beyond its normal capacity or the defective condition of such good was caused by willful damage, failure to accept delivery follow instructions, abnormal working conditions, misuse, abuse, improper installation or application, improper maintenance or repair, alteration, accident or negligence in use, storage, transportation or handling. Any advice furnished by Lydall as to any use of the Products by Buyer and any samples provided by Lydall are offered “as is” without warranty of any allegedly defective goods returned kind, and shall not affect the limitations on Lydall's warranties or Buyer's agreement to it without its prior authorizationindemnify. Buyer acknowledges that this Agreement is for the purchase of Products, including the meansnot services, carrier and route that Lydall shall therefore have no liability to Buyer for any harm or loss caused by advice received by Buyer from any of shipment for such returnLydall's agents or employees. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S ALL OTHER WARRANTIES, DIRECT OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF TITLE TO THE GOODSMERCHANTABILITY, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERWARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, ARE HEREBY EXCLUDED TO THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCEFULLEST EXTENT PERMITTED BY LAW. For contracts under German law: The above disclaimer also applies to the legal representatives and agents of Lydall, CUSTOM OR USAGE OF TRADEif the purchaser issues claims against them. Seller’s Excluded from the above exemption of liability are claims for damages due to injury to life, limb, health and claims for damages from the breach of contract. Material contractual obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage are those whose performance to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification achieve the objective of the goods that Treaty is not consistent with Sellernecessary, for example, the provider has to give the customer the item free of material and legal defects and to gain ownership of it. Also excluded from the disclaimer is the liability for damages based on an intentional or grossly negligent breach of Lydall’s instructions duty, his legal representative or the designed capabilities agents. Provisions of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsProduct Liability Act (Liability Act) remain unaffected.

Warranty. Seller warrants We warrant to Buyer, you that the goods are designed and manufactured in accordance with the requirements of the Contract and are free from defects in material and workmanship. . This warranty applies to normal recommended use and service and will be effective for a period of one year after three (3) months from the date of shipment from Seller’s plant, that all goods sold to Buyer original purchase. Our sole obligation under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, warranty and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller otherwise will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without us with our approval, freight prepaid, within one year from the date of original purchase, which shall be Buyer’s exclusive remedy. Buyer will include in all its prior authorizationsales agreements covering the re-sale of the goods furnished hereunder a provision to the foregoing effect, including the meansstating that our sole obligation is to repair or replace defective parts manufactured by us. NO OTHER WARRANTIES, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE EXPRESSED OR IMPLIED, ARE MADE WITH RESPECT TO THE GOODSGOODS INCLUDING, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO TO, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND SELLER DISCLAIMS ALL SUCH OTHER WARRANTIES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE OF THE NON-INFRINGEMENT PRODUCTS OR OTHER GOODS, DOWNTIME COSTS, OR CLAIMS OF THIRD PARTY INTELLECTUAL PROPERTY BUYER'S CUSTOMERS, WHETHER BASED ON CONTRACT, TORT (INCLUDING STRICT LIABILITY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF DEALING OR THE POSSIBILITY OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsSUCH DAMAGES.

Warranty. Seller WMI warrants to Buyeryou as original end user, that the physical media on which the Software is recorded is free from defects in materials and workmanship under normal use and service for a period of one year after ninety (90) days (the "Return Period") from the date of shipment from Seller’s plant, that all goods sold delivery to Buyer under these terms shall meet their applicable specification you as may be set forth in Seller’s product literature and/or packaging and labeling materials published as evidenced by a copy of the date of shipment invoice. If such a defect exists and you are within the Return Period, you may return the entire package, including packaging, postage prepaid with a copy of the goodsinvoice to WMI at the address below, and WMI, at its option, shall either (a) return the purchase price or (b) replace the media. IfIf failure of the media has resulted from accident, after Seller receives written noticeabuse, within or misapplication, WMI shall have no responsibility whatsoever to refund the period purchase price or replace the media. In the event of replacement of the media, the replacement media will be warranted for the foregoing remainder of the original warranty period or thirty (30) days, whichever is the longer. This remedy is your exclusive remedy for a breach of this warranty, that and WMI’s or any goods allegedly do not meet Seller’s applicable specificationof its affiliated corporations and their respective directors, and Sellerofficers, in its sole discretion, determines that such claim is valid, Seller’s employees or shareholders (the "Affiliates") entire liability and sole obligation only warranty made with respect to the Software and the exclusive remedy for breach of the foregoing warrantyPrinted Materials. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goodsAND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replacedLIMITED WARRANTY AND LIABILITY. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE OTHER THAN AS OUTLINED ABOVE AND TO THE GOODSMAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, SELLER EXPRESSLY DISCLAIMS THE SOFTWARE AND EXCLUDES ALL OTHER PRINTED MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE AND NON-INFRINGEMENT INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WMI, ITS AFFILIATES, DEALERS, DISTRIBUTORS, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIRD PARTY INTELLECTUAL THIS WARRANTY. YOU ASSUME THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE SOFTWARE OR PRINTED MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. IN NO EVENT SHALL WMI, ITS AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE AND/OR PRINTED MATERIALS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, THE INSTALLATION OF THE SOFTWARE, THE TERMINATION OF THIS AGREEMENT, THE FAILURE OF EQUIPMENT RELATED TO YOUR COMPUTER OR DAMAGE TO YOUR COMPUTER, SOFTWARE OR OTHER PROPERTY RESULTING FROM YOUR USE OF THE SOFTWARE OR OTHERWISE FROM ANY VIRUS, EVEN IF WMI OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WMI'S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE AND ANY WARRANTIES ARISING FROM COURSE PRINTED MATERIALS. THE LIMITATIONS OF DEALING THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF PERFORMANCEA FUNDAMENTAL CONDITION OR TERM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsSO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Warranty. Seller warrants to Buyer, for a period of one year after Products are provided with the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification limited warranty as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goodsXXXX. If, after Seller receives written notice, within the period for the foregoing warranty, Products obtained from Riverbed that any goods allegedly do not meet Seller’s applicable specification, comply with the warranty and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability are returned by Reseller to Riverbed during the warranty period (and sole obligation and the exclusive remedy for breach of the foregoing warranty, which a Riverbed RMA has been issued) will be, within a reasonable time after Seller’s receipt of such notice, be repaired or replaced at Seller’s Riverbed's option, either repair or replacement of such goods, and Seller will be responsible for provided that Reseller bears the cost of shipping freight and insurance to the parts to point of repair or return. Riverbed will bear the unit cost of freight and insurance for return of goods to replace the defective goodsReseller. Refurbished goods may be used to If Riverbed cannot, or determines that it is not practical to, repair or replace the goods returned Product, the price paid to Riverbed therefor will be credited to Reseller or the End User making the warranty claim. Riverbed will not be responsible for any difference between the amount paid by Reseller to Riverbed for the returned Product and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment amount paid by a customer for such returnreturned Product. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE RIVERBED MAKES NO OTHER WARRANTIES WITH RESPECT TO THE GOODS, SELLER EXPRESSLY PRODUCTS OR ANY SERVICES AND DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FREEDOM FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADEBUGS. Seller’s obligations do The above warranty does not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage extend to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods Product that is modified or altered, is not consistent maintained to Riverbed's maintenance recommendations, has its serial number removed or altered or is treated with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandlingnegligence or other improper treatment (including, misuse or neglect or any damage caused by connectionswithout limitation, interfacing or use in unforeseen or unintended environmentsoutside the recommended environment). Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination Reseller's sole remedy with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update respect to any user manual for nonconformity, deficiency, warranty or defect with respect to the goodsProducts and/or Services is as stated above. Reseller will not distribute the Products under terms that are less protective of Riverbed, its licensors and the Products than the terms in this Agreement and the XXXX.

Warranty. Seller warrants to Buyerthat, for a period of one year thirty (30) days after the date of shipment from Seller’s plantDelivery Date (the “Warranty Period”), that all goods sold the Goods will meet the Specifications (the “Warranty”). The Warranty does not extend to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goodsany surplus or secondary material. If, after Seller receives written notice, within the period for the foregoing warrantyWarranty Period, that Xxxxx discovers any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warrantyWarranty, will beBuyer shall give Seller written notice within the Warranty Period and an opportunity to inspect any Goods furnished hereunder which Xxxxx claims do not confirm to Warranty and, within if Seller determines that there has been a reasonable time after Seller’s receipt breach of such noticethe Warranty, Seller will, at Seller’s option, either promptly repair or replace without cost the Goods in question or refund the purchase price paid for such Goods. Seller’s liability under the Warranty shall be limited to repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair non-confirming Goods or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance refund of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replacedpurchase price paid for such Goods. In no event will shall Seller be required responsible for retrieving non-conforming Goods or be liable to accept delivery Buyer for any delay or curtailment of any allegedly defective goods returned operations, pollution or cost of dismantling and removal of Goods to it without its prior authorizationbe repaired or replaced, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsresulting from non-conforming Goods. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODSWARRANTY, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL MAKES NO OTHER WARRANTIES, EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES TO, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-PURPOSE, MERCHANTABILITY, RESULT, NON- INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM COURSE OF DEALING OR USAGE OF TRADE. Seller’s THE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, TERMS, REPRESENTATIONS, GUARANTEES OR LIABILITIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, AND SUCH OTHER WARRANTIES, TERMS, REPRESENTATIONS, GUARANTEES OR LIABILITIES, BASED IN LAW, STATUTE, COMMON LAW, CONTRACT, TORT, EQUITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY AND NEGLIGENCE) ARE DISCLAIMED. SELLER’S WARRANTY OBLIGATIONS HEREUNDER, AND BUYER’S REMEDIES ARE SOLELY AND EXCLUSIVELY AS STATED IN THIS SECTION. NO EMPLOYEE OR REPRESENTATIVE OF SELLER IS AUTHORIZED TO CHANGE THE WARRANTY IN ANY WAY OR GRANT ANY OTHER WARRANTY. Seller shall not have any warranty obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage with respect to any goods resulting from improper installationGood, accident or any utilizationpart thereof, maintenancewhich: (i) is normally consumed in operation, repair or modification of (ii) has a normal life inherently shorter than the goods that Warranty Period, (iii) is not consistent with properly stored, installed, maintained or repaired, or is modified other than pursuant to Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected therebyapproval, or which is (iv) has been subjected to abuseany other kind of detrimental exposure, mishandling, misuse or neglect or any damage caused by connections, interfacing or use has been involved in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsan accident.

Warranty. Seller KRM warrants to Buyeryou that for fifteen (15) years beginning on the date we ship the Goods from our facility (the “Warranty Period”) the Goods will be free from defects in materials and workmanship (the “Warranty”). The Warranty shall not apply to defects resulting from (i) use of the Goods other than as directed by XXX, other than as reasonably anticipated by KRM, or other than for a period purpose intended by KRM; (ii) improper installation; or (iii) Goods that have been modified by any person other than KRM. The Warranty also does not cover cosmetic damage, finish wear, or loss or failure of one year after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification non-metal components such as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsrubber bumpers. EXCEPT FOR SELLER’S WARRANTY AS EXPRESSLY STATED IN THIS WARRANTY, NEITHER KRM, NOR ANY PERSON ACTING ON BEHALF OF TITLE KRM, HAS MADE, IS MAKING, OR SHALL BE DEEMED TO THE GOODSHAVE MADE ANY ORAL OR WRITTEN REPRESENTATIONS OR WARRANTIES, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERWHETHER EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE (INCLUDING BUT NOT LIMITED TO IMPLIED WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE), WITH RESPECT TO THE GOODS. IF KRM CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCESHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD. SOME STATES MAY NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, CUSTOM OR USAGE OF TRADESO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Seller’s obligations do For purposes of clarity, you acknowledge that the Warranty does not cover defects or losses caused by normal any condition arising from ordinary wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of on the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsGoods.

Warranty. Seller warrants that the Goods sold to Buyer, for a period at the time of one year after the date of shipment from shipment, will meet Seller’s plant, that all goods sold specifications and be free from defects in material and workmanship. Such warranty is limited to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of twelve (12) months from the date of shipment of the goodsGoods to Buyer. IfBuyer must make a claim for breach of warranty under this Section 12 prior to expiration of the one-year warranty period, after notwithstanding any longer statute of limitations. The foregoing warranty in this Section 12 will only apply to Goods that are properly installed, maintained and/or operated under normal conditions. Seller receives written noticewill have no liability whatsoever in respect of any defect arising from (i) Buyer’s specifications, within (ii) ordinary wear and tear, (iii) willful damage by Buyer or its customers, (iv) negligence on the period for the foregoing warrantypart of Buyer or its customers, that (v) abnormal working conditions at Buyer’s or any goods allegedly do not meet of its customer’s facilities, (vi) Buyer’s or any of its customer’s failure to follow Seller’s applicable specificationinstructions (whether oral or in writing), and Seller, in or (vii) Buyer’s or any of its sole discretion, determines that such claim is valid, customer’s misuse or alteration or repair of Goods sold hereunder without Seller’s entire liability and prior written approval. Seller’s sole obligation and liability in the exclusive remedy for event of breach of the foregoing warrantywarranty and Xxxxx’s sole remedy, as determined by Seller, will be, within a reasonable time after be Seller’s receipt repayment of such noticethe amount paid for any non-conforming Goods, at Seller’s option, either or repair or replacement of such goodsnon-conforming Goods free of charge at Buyer’s delivery point. Such repair, and Seller replacement or repayment will be responsible for made only upon return of the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods non-conforming Goods, which may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. at Seller’s obligations do not cover defects or losses caused cost only after inspection by normal wear and tear or deterioration, defects in or damage Seller (which may be by Xxxxx returning a sample to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller at Seller’s request) and Xxxxx’s receipt from Seller of definite shipping instructions or the designed capabilities of the goods or thatand an RMA number. SELLER MAKES NO WARRANTY THAT THE GOODS WILL BE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. SELLER MAKES NO WARRANTY, in its sole judgmentEXPRESS OR IMPLIED, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsEXCEPT SUCH AS IS EXPRESSLY SET FORTH HEREIN.

Warranty. Seller warrants to Buyer, for For a period of one year after twelve months (“Warranty Period”) from the date of shipment from SellerFinal Acceptance, Consultant warrants that (A) ALL WORK PERFORMED IN CONNECTION WITH THIS AGREEMENT SHALL BE PERFORMED IN A COMPETENT, PROFESSIONAL AND WORKMANLIKE MANNER, AND SHALL BE CONSISTENT WITH THE ACCEPTED PRACTICES AND PROFESSIONAL STANDARDS OF LEADING PROVIDERS PERFORMING SIMILAR SERVICES, ; (B) ALL WORK WILL BE PROVIDED BY AN ADEQUATE NUMBER OF QUALIFIED INDIVIDUALS WITH SUITABLE TRAINING, EDUCATION, AND EXPERIENCE, (C), ALL WORK PERFORMED AND ALL DELIVERABLES SHALL COMPLY WITH APPLICABLE LAWS; AND (D) ALL WORK PERFORMED AND ALL DELIVERABLES SHALL BE PROVIDED IN ACCORDANCE WITH AND SHALL CONFORM IN ALL MATERIAL RESPECTS TO ANY SPECIFICATIONS AND REQUIREMENTS SET FORTH IN THIS AGREEMENT INCLUDING CONSULTANT’S RESPONSES TO THE FUNCTIONAL REQUIREMENTS SET FORTH IN SOW EXHIBIT 7 - FUNCTIONAL REQUIREMENTS. THE WARRANTIES CONTAINED ABOVE AND IN THE STATEMENT OF WORK ARE CONSULTANT’S SOLE AND EXCLUSIVE WARRANTIES. CONSULTANT AFFIRMATIVELY EXCLUDES ANY AND ALL OTHER IMPLIED OR EXPRESS WARRANTIES, CONDITIONS, OR REPRESENTATIONS INCLUDING ANY AND ALL IMPLIED WARRANTIES OF, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE. To receive warranty remedies, Client shall report any deficiencies to Consultant in writing within the Warranty Period. Consultant shall promptly and diligently correct all deficiencies in the Services or Work identified by Client during the Warranty Period provided that the defective Services or Work is not caused by any inappropriate, improper or unforeseen usage of the Work or Services by the Client unless such actions are taken at the direction of the Consultant. If the deficiency is related to a software issue beyond the control of Consultant, Consultant shall work in good faith with Oracle to resolve the situation or develop a work around solution that materially meets the Client’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification requirements as may be set forth in Seller’s product literature and/or packaging and labeling materials published as the Statement of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsWork.

Warranty. Seller Marymount warrants that the Equipment delivered hereunder shall be free from defects in material or workmanship, to Buyerthe extent warranted in the manufacturer’s AppleCare warranty. Marymount shall repair all Equipment to the extent repairs are covered under the manufacturer’s AppleCare warranty. Parent shall not return any Equipment to the manufacturer, for a period absent the prior instruction and written consent of one year after Marymount. Marymount’s sole responsibility under the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms warranty shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and any component that fails during the warranty on such repaired or replaced goods shall be period due to a defect in workmanship and/or material, provided that Parent has promptly reported the balance problem to Marymount. The above warranty is contingent upon proper use of the warranty remaining Equipment and does not cover Equipment which has been modified without Marymount’s approval, which has been subjected to unusual physical or electrical stress, or on which the goods which were repaired original identification marks have been altered or replacedremoved. Buyer waives any claim to any goods which were replaced or the components therein which were replacedTHE ABOVE IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY MARYMOUNT. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such returnXXXXXXXXX MAKES AND PARENT AND STUDENT RECEIVE NO FURTHER WARRANTY (EXPRESS OR IMPLIED). Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OR OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED FROM THE LIMITED WARRANTY GIVEN UNDER THIS AGREEMENT. MARYMOUNT SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE NON-INFRINGEMENT POSSIBILITY OF THIRD PARTY INTELLECTUAL PROPERTY SUCH DAMAGES. THIS STATED EXPRESS LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OTHERWISE AND ANY WARRANTIES OBLIGATIONS OF MARYMOUNT FOR DAMAGES ARISING FROM COURSE OUT OF DEALING OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsTHE EQUIPMENT.

Warranty. Seller KRM warrants to Buyeryou that for fifteen (15) years beginning on the date we ship the Goods from our facility (the “Warranty Period”) the Goods will be free from defects in materials and workmanship (the “Warranty”). The Warranty shall not apply to defects resulting from (i) use of the Goods other than as directed by KRM, other than as reasonably anticipated by KRM, or other than for a period purpose intended by KRM; (ii) improper installation; or (iii) Goods that have been modified by any person other than KRM. The Warranty also does not cover cosmetic damage, finish wear, or loss or failure of one year after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification non-metal components such as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsrubber bumpers. EXCEPT FOR SELLER’S WARRANTY AS EXPRESSLY STATED IN THIS WARRANTY, NEITHER KRM, NOR ANY PERSON ACTING ON BEHALF OF TITLE KRM, HAS MADE, IS MAKING, OR SHALL BE DEEMED TO THE GOODSHAVE MADE ANY ORAL OR WRITTEN REPRESENTATIONS OR WARRANTIES, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERWHETHER EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE (INCLUDING BUT NOT LIMITED TO IMPLIED WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE), WITH RESPECT TO THE GOODS. IF KRM CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCESHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD. SOME STATES MAY NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, CUSTOM OR USAGE OF TRADESO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Seller’s obligations do For purposes of clarity, you acknowledge that the Warranty does not cover defects or losses caused by normal any condition arising from ordinary wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of on the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsGoods.

Warranty. Seller The Contractor warrants to Buyerthe Client that all goods/work shall be free from defects in design and faulty or improper workmanship and shall be in strict compliance with the terms of this Agreement. Contractor specifically warrants that, if Client gives notice in writing during the warranty period within a reasonable time of discovery that some or all goods or services provided hereunder do not comply with the warranty provided under the paragraph, and Contractor is provided with proof of the same and reasonable opportunity to investigate including examination of such goods/services, then Contractor shall, at its option, repair or replace the defective goods or services, or refund the price paid for such goods or services. Excluded hereunder are without limitation non-conformances, defects and damage arising from ordinary wear and tear, abuse, negligence, vandalism, willful damage or abnormal working conditions, or due to failure to follow Contractor’s oral or written instruction with respect to storage, installation, commissioning, use or maintenance. This warranty shall be effective for a period of one (1) year after from the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as successful verification testing of the date system The warranty shall survive the termination or expiration of shipment of the goodsthis Agreement. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S THIS WARRANTY OF TITLE IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY CONTRACTOR WITH RESPECT TO THE GOODS, SELLER EXPRESSLY DISCLAIMS GOODS AND EXCLUDES SERVICES PROVIDED HEREUNDER. ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, ARE EXPRESSLY DISCLAIMED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF PURPOSE, OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY IMPLIED WARRANTIES ARISING CLAIMED TO ARISE FROM COURSE OF DEALING OR OF PERFORMANCETRADE USAGE, CUSTOM OR USAGE COURSE OF TRADEDEALING. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environmentsTHE REMEDY PROVIDED IN THIS PARAGRAPH CONSTITUTES THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsIN NO EVENT WILL SELLER BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY.

Warranty. Notwithstanding anything in the specifications, drawings or other documents which are part of this Order to the contrary, Seller expressly warrants the Goods supplied to be new, merchantable, fit for the purposes for which intended, and to be free from all defects. Seller shall perform the services in a good and workmanlike manner in accordance with the highest industry standards in effect at the time of this Order. In the event any of the Goods or services are not as warranted herein, Buyer shall, after inspection and at its option, hold such Goods at Seller's expense for Seller's disposition or shall return them to Seller at Seller's expense or reject the services. Any Goods so rejected shall, at Buyer's option, and without limitation on any other remedies available to Buyer at law or in equity, either be replaced by Seller at no additional cost to Buyer, for a period of one year after or Seller shall refund the date of shipment from Seller’s plantpurchase price applicable thereto and any services so rejected shall, that all goods sold at Buyer's option, and without limitation on any other remedies available to Buyer under these terms at law or in equity, either be reperformed by Seller at no additional cost to Buyer, or Seller shall meet their refund the purchase price applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as thereto. If any monies due to Buyer are withheld by any purchaser from Buyer because of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warrantywarranties contained herein, will beXxxxxx agrees to indemnify and hold Buyer harmless from all losses, within a reasonable time after Seller’s receipt costs, damages, liabilities and expenses (including attorney's fees) resulting from the withholding of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationmonies, including the meansreasonable cost of recovery of said sums. If Xxxxx shall be named a defendant in any legal actions or proceedings before any body in any jurisdiction involving the Goods or services, carrier Seller agrees to defend, indemnify and route hold Buyer harmless from all costs, damages, liabilities and expenses (including attorneys' fees) in connection with and in any way resulting from the claimed breach of shipment warranty, and Xxxxx further is hereby granted the right to join Seller, its successors and assigns as a defendant in such actions or proceedings Seller further agrees to hold Buyer harmless from and to indemnify Buyer against any and all losses, costs, damages (including direct/indirect consequential and incidental damages), liabilities and expenses (including attorneys' fees) resulting from the breach by Seller of the terms and conditions hereof or any other acts or omissions of Seller. Notwithstanding any provision hereof to the contrary, Seller shall be liable for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODSand all damages, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear costs and tear or deterioration, defects in or damage expenses attributable to any goods resulting from improper installation, accident breach by Seller or any utilization, maintenance, repair wrongful or modification of the goods that is not consistent with improper action or omission by Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goods.

Warranty. Seller warrants to BuyerIf not otherwise agreed upon by CLC, all component parts of the Goods manufactured by CLC shall be warranted against material defects in materials and workmanship for a period of one year after the date twelve (12) months from Delivery. The warranty does not cover any defect not related to Material or workmanship, incorrect or lack of shipment from Seller’s plantmaintenance, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. Ifnot following operating instructions, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specificationabuse, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining maintenance work performed on the goods which were repaired by other than CLC certified personnel. Any such component parts proved to be defective due to faulty material or replacedworkmanship will be replaced free of charge at Buyer’s Site. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller CLC shall not be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationliable for delays, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected therebyloss, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connectionssuch defective material. Excluded from this warranty are short lived items which due to severity of usage or environment are considered consumables. Purchased components furnished with the Goods, interfacing or use material purchased in unforeseen or unintended environments. Seller does not warrant that accordance with Buyer’s instructions and supplied with the operation Goods, are warranted by the CLC only to the extent of the goods will be uninterrupted or error-freeoriginal manufacturer’s warranty. NOTE: BUYER'S FAILURE TO COMPLY IN ALL RESPECTS TO THE AGREED PAYMENT TERMS AS SET FORTH ON THE SALES ORDER WILL VOID ANY WARRANTY CONTAINED IN THE AGREEMENT. CLC AND ITS RELATED AND/OR AFFILIATED COMPANIES, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its useMAKE NO WARRANTIES OR REPRESENTATIONS WHICH EXTEND BEYOND THOSE EXPRESSLY SET FORTH HEREIN AND DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE, DIRECTLY OR INDIRECTLY, ARISING FROM THE USE OF SUCH GOODS OR FOR CONSEQUENTIAL DAMAGES. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED.

Warranty. Seller warrants to Buyerwarrants, for a period of one (1) year or 8,760 system operating hours (whichever comes first) after the date of shipment final Acceptance by Customer, the equipment to be furnished hereunder will be in full conformity with the specifications, drawings, and/or other description furnished by More Energy and that all items furnished hereunder will be free from defects in design, workmanship, materials, and manufacture, and will be fit for the use intended by More Energy. Such warranty shall be in addition to any warranties of broader scope and service warranties and guarantees given to More Energy by Seller, shall survive inspection test, acceptance of and payment for the equipment and shall run to More Energy, its successors and assigns. All warranty service, other than easily accomplished part replacement, shall be conducted by Seller or its agents at the production facility in a manner which does not Capital Equipment Purchase Agreement unreasonably disrupt More Energy’s operations, and without additional cost to More Energy. Seller will pay all freight for repair and replacement parts under warranty sent to Seller and back to the More Energy issuing location. All equipment and software upgrades, revisions, modifications, etc. will be included in the warranty period. Seller will make every effort to respond to requests by More Energy for warranty services within 24 hours of request and in no event shall a response require longer than 48 hours. More Energy shall have the right to repair warranty defects if Seller is unable or unwilling to repair such warranty defects within 48 hours of notification of such defects. In the event More Energy elects to take this action, it shall be entitled to deduct from any amounts owing to Seller the direct and incidental costs incurred in remedying the breach of warranty or xxxx Seller for same if no such payments are due The warranties and representations described in this purchase agreement are in lieu of other warranties imposed by custom or law of any jurisdiction. Except as otherwise expressly set forth herein, Seller shall have no responsibility for incidental, indirect, special, punitive or consequential damages, except if such damages result from: (1) a breach of any or all of Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be representations and warranties set forth in herein, or (2) Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsnegligence.

Warranty. Seller warrants Landlord acknowledges that the General Contractor shall provide a warranty to Buyer, for Landlord with respect to the Improvements against any defective workmanship and materials (which shall include any work or materials not in accordance with the Final Project Plans as modified by Change Orders and any additional specifications or project manual which is part of such plans) discovered and brought to Landlord’s attention pursuant to a proper Tenant’s Defect Notice (as hereinafter defined) delivered during a period of not less than one (1) year after from the date the Improvements are Substantially Completed (the “Warranty Period”); provided however that to the extent any warranty period provided in Landlord’s General Contract with the General Contractor extends for more than one (1) year, as to any item or component of shipment Improvements, the Warranty Period shall be deemed to be such longer period. Landlord shall cause the General Contractor to assign to Landlord any assignable warranties provided to General Contractor from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specificationthird party, and SellerLandlord covenants to diligently enforce such warranties for Tenant’s benefit. During the Warranty Period, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such noticeLandlord shall, at SellerLandlord’s optionsole cost and expense, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used require General Contractor to repair or replace any defective item occasioned by defective workmanship or materials in and with respect to the goods construction and installation of the Improvements (and specifically excluding any installations by Tenant or any deficiencies in the Improvements created by, through or under Tenant or otherwise through no fault of or defective performance on the part of Landlord or General Contractor), provided that (a) Tenant notifies Landlord, in writing and with reasonable specificity and detail, of the nature and extent of any such alleged defects in the Improvements (“Tenant’s Defect Notice”) and (b) Tenant delivers the Tenant’s Defect Notice to Landlord prior to the expiration of the Warranty Period. Landlord shall also cause Tenant to be named as a third party beneficiary of any and all warranties, including any design warranty ordinarily and customarily contained in the General Contract provided from General Contractor to Landlord under the General Contract. Landlord or General Contractor shall not be liable to Tenant for damages as a result of such defect, resulting from loss of business by Tenant or other consequential or speculative damages, except to the extent that such consequential damages or loss profits are covered by insurance carried by Landlord or General Contractor as part of such insurance maintained by them in the ordinary course of business, it being agreed that neither Landlord nor General Contractor shall be required to obtain such coverage to the extent not included within the coverage usually and customarily maintained by Landlord and General Contractor, respectively. Notwithstanding anything to the contrary contained herein, in no event shall Landlord or General Contractor be liable for, and the warranty specified above shall not apply to, defects or alleged deficiencies in any materials or workmanship in or concerning the Improvements if and to the extent the defect or deficiency is due to or caused by any Alterations performed by Tenant, installation of Tenant Improvements or the abuse, neglect, negligence or willful or intentional act or omission of Tenant or its agents, employees, representatives, contractors, subcontractors, invitees, successors or assigns, including, without limitation, Tenant’s failure to maintain a HVAC Maintenance Contract. From and after the expiration of the Warranty Period, (x) neither Landlord nor General Contractor shall have any liability or obligation, of any nature whatsoever, to remedy, replace or correct any alleged defects and deficiencies; and (y) Landlord shall reasonably cooperate with Tenant (but at no out-of-pocket expense to Landlord) in the enforcement by Tenant, at Tenant’s sole cost and expense, of any express warranties or guarantees of workmanship or materials given by any subcontractors, architects, draftsmen, or materialmen engaged by Landlord to supply or complete any of the Improvements, if and to the extent that such guarantees or warranties remain in effect after the expiration of the Warranty Period. In providing a Tenant Defect Notice, Tenant shall be obligated to set forth with reasonable specificity and detail the nature and extent of such defect. Except as otherwise expressly set forth above in this Exhibit B, from and after the earlier of (1) the date Tenant takes partial occupancy and (2) the Commencement Date, Tenant shall have and hold the Premises in an “AS-IS,” “WHERE-IS” condition, without any liability or obligation on the part of Landlord for making any alterations, improvements, repairs or replacements, of any kind, in or about the Premises at any time during the Term of the Lease or any extension or renewal thereof, and Tenant shall maintain the Premises, and all parts thereof, in a good and sufficient state of repair as required under the Lease. Notwithstanding Tenant’s timely delivery of a Tenant’s Defect Notice, at no time during the Term of the Lease, shall Tenant have any right, of any nature whatsoever, to withhold the timely payment of any Rent due under the Lease, from time to time, as a result of, or due to, or because of, any alleged breaches by Landlord under the Lease or the alleged existence of any defects or deficiencies in the Improvements. Notwithstanding anything contained herein to the contrary, none of the following items that may occur in the Improvements shall be considered defective items occasioned by defective workmanship or materials required to be repaired by Landlord or General Contractor pursuant to this Section 7: (i) any chips, scratches or marks on such repaired items as tile, woodwork, mirrors, walls, porcelain, glass (including breakage or replaced goods shall be cracks) not indicative of or resulting from a structural deficiency, plumbing fixtures, lighting fixtures, or doors not noted in the balance punch list set forth in the applicable Acceptance Agreement not indicative of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover resulting from a structural deficiency; (ii) defects or losses caused by normal resulting from ordinary wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandlingtear, misuse or neglect neglect, or any damage caused by connections, interfacing failure to provide proper maintenance not indicative of or use in unforeseen resulting from a structural deficiency; (iii) cracking or unintended environments. Seller does not warrant that the operation scaling of the goods will be uninterrupted concrete flat work (which includes, but is not limited to, sidewalks and floors) and minor cracks in foundation walls, if any, not resulting from infiltration of free water not indicative of or error-freeresulting from a structural deficiency; (iv) cracks in walks, that the functions driveways, parking lots, floor or fountains due to expanding and contracting of concrete from change in temperature and compacting of the goods will meet Buyer’s or its customer’s requirements or that soil on which the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy concrete is placed not indicative of or update resulting from a structural deficiency; (v) the color of the concrete; (vi) shrinkage in structural wood members; and (vii) drywall cracks, nail pops or seems due to any user manual for drying out and normal expansion and contraction of the goodswood or masonry to which it has been secured.

Warranty. Seller warrants to Buyer, the original Buyer for a period of one year after 12 months from the date of shipment delivery that at the time of delivery, all Goods and service shall be free from Seller’s plant, that all goods sold defects in material and workmanship and will conform to applicable specifications and drawings. Buyer must notify Seller in writing of any warranty claim within twelve (12) months after delivery to Buyer in order to make a warranty claim under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of this warranty. After the date of shipment of the goods. Ifclaim has been verified by Seller or its authorized representative, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Sellershall, in its sole discretion, determines undertake to make all necessary repairs, corrections, or modifications, or replacements so that such claim the allegedly defective Goods comply with warranty stated above. This warranty is validvalid only if the Goods have been properly installed, serviced and maintained in conformity with applicable service manuals, bulletins and instructions and used consistent with Seller's recommendations. Seller’s entire liability and sole obligation and the exclusive remedy for breach of this warranty is expressly limited to repair or replacement of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such noticeallegedly defective Goods, at Seller’s option, either provided that the allegedly defective Goods, at Seller’s option, are returned shipping prepaid to Seller or its authorized repair facility. Buyer agrees that this warranty shall be its sole and exclusive remedy against Seller. Any allegedly defective Good that is repaired, corrected, modified or replacement replaced under the terms of such goodsthis warranty shall be warranted under the same terms as stated herein for six (6) months, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance unexpired remainder of the warranty remaining as specified herein, whichever is greater. Seller reserves the right to charge Buyer for handling and examination fee of 10% of the original invoice price or $100.00 per unit, whichever is greater, on the goods which were repaired or replacedGoods returned for warranty service found by Seller upon testing to be non-defective. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL ANY OTHER WARRANTIES, EITHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsPURPOSE.

Warranty. Seller warrants to Buyer, new Goods delivered under the Sales Contract against defective material and workmanship under normal use and application for a period of one year after from the date of shipment delivery to the original purchaser only. Seller warrants used Goods and/or repairs delivered under the Sales Contract against defective material and workmanship under normal use and application for a period of 30 days, unless stated otherwise, from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of delivery to the goodsoriginal purchaser only. If, after Seller receives written notice, within the period for the foregoing Under this warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts is to repair or replace, at the unit to replace Seller’s discretion, the defective goodsGoods or defective part thereof. Refurbished goods may be used This warranty applies only to repair new Goods and does not apply to Goods which have been tampered with or replace altered in any way or which has been misused or damaged by accident or negligence or which has the goods and serial number removed, altered or effaced, nor shall this warranty extend to Goods installed or operated in a manner not in accordance with the warranty on such applicable Instruction Manual, nor to Goods which have been serviced or repaired other than by Seller or replaced goods shall be by the balance manufacturer of the Goods. Lamps, bulbs, charts and other expendable items are not covered by this warranty. All claims under this warranty remaining on the goods which were repaired or replacedmust be in writing directed to Seller. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S THIS WARRANTY IS IN LIEU OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND WARRANTIES IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO OR EXPRESSED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. NO REPRESENTATIVE OR OTHER PERSON IS AUTHORIZED OR ALLOWED TO MAKE ANY OTHER OBLIGATION FOR SELLER. SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FROM ANY NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF, RESULTING FROM OR RELATING TO THE NON-INFRINGEMENT DESIGN, MANUFACTURE, SALE, USE OR HANDLING OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCETHE GOODS. ⦁ Buyer’s Exclusive Remedies. Except for warranty claims, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or Xxxxx agrees that, in the event of default by Seller in any of its sole judgmentobligations with respect to Goods delivered to Buyer from Seller, Buyer’s exclusive remedies shall be return of the Goods and repayment of the purchase price, repair of the Goods or replacement of the Goods delivered, the performance or reliability thereof is adversely affected therebychoice being at the sole discretion of Seller. UNDER NO CIRCUMSTANCES SHALL SELLER’S LIABILITY, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY, EXCEED THE PRICE OF THE GOODS WHOSE DEFECT OR DAMAGE IS THE BASIS OF THE CLAIM. SELLER SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, OR LOSS OF USE OF FACILITIES OR EQUIPMENT. All non-warranty claims shall be forever barred unless the Buyer notifies the Seller in writing of such an alleged default within 90 days of the delivery of the Goods hereunder. Any suit must be filed within one (1) year of the claim arising, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods suit will be uninterrupted or error-free, that barred by the functions parties’ agreement herein to a one year statute of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodslimitations.

Warranty. Seller warrants to Buyer, that the Products sold hereunder will be free from defects in material and workmanship for a period of one year after thirty (30) days from the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods's facility. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S 'S WARRANTY HEREIN IS IN LIEU OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS WARRANTIES OF SELLER, ITS PARENT AND IMPLIED WARRANTIES WHATSOEVERAFFILIATED ENTITIES AND THE MANUFACTURER OF THE PRODUCTS IF DIFFERENT (COLLECTIVELY, INCLUDING "Manufacturing and Selling Parties"), WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE CREATED UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES TO, ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. IN NO EVENT SHALL SELLER OR THE NON-INFRINGEMENT MANUFACTURING AND SELLING PARTIES BE LIABLE (AND PURCHASER SHALL NOT ASSERT ANY CLAIM) FOR SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF THIRD PARTY INTELLECTUAL PROPERTY PROFITS. PURCHASER'S SOLE AND EXCLUSIVE REMEDIES UNDER THIS WARRANTY SHALL BE LIMITED, AT SELLER'S EXCLUSIVE DISCRETION, TO: (1) REPLACEMENT OF ANY DEFECTIVE PRODUCTS OR OTHERWISE AND PART THEREOF; OR (2) REPAIR OF ANY WARRANTIES ARISING FROM COURSE DEFECTIVE PRODUCTS OR PART THEREOF; OR (3) RETURN OF DEALING THE PURCHASE PRICE FOR ANY DEFECTIVE PRODUCT OR OF PERFORMANCEPART THEREOF. The warranty and remedy set forth above are conditioned upon the proper storage, CUSTOM OR USAGE OF TRADEuse and maintenance of the Products and conformance with all applicable recommendations of the Manufacturing and Selling Parties with respect to the Products. No agent, employee or representative of Seller (or any distributor, dealer or sales representative of Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage ) has the authority to bind Seller to any goods resulting from improper installationaffirmation, accident representation or any utilizationwarranty concerning the Products sold hereunder, maintenanceand unless such affirmation, repair representation or modification warranty is specifically included in these Terms and Conditions, it will not form a part of the goods that is not consistent with Seller’s instructions basis of these Terms and Conditions and shall in no way be binding upon the Seller or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused enforceable by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsPurchaser.

Warranty. (a) Seller warrants to Buyer, agrees that the Products manufactured by the Seller shall be free from defects in material and workmanship for a period of one year after from the date of original installation or eighteen (18) months from the date of shipment from Seller’s plant's factory, that all goods sold to Buyer whichever may first occur under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging normal use and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specificationservice and when properly installed, and Seller, in its sole discretion, determines that such claim obligation is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used limited solely to repair or replace or refund the goods and the warranty on such repaired purchase price at Seller's option, at Seller's factories, or replaced goods shall any part or parts proven to be the balance of the warranty remaining on the goods which were repaired defective or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods non-conforming, returned to it without Seller with transportation charges prepaid, which Seller's examination shall disclose to its prior authorization, including the means, carrier and route of shipment for such returnsatisfaction to have been defective or non-conforming. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS WARRANTIES, AND IS IN LIEU OF AND IN DISCLAIMER AND EXCLUSIVE OF ANY IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AS WELL AS ALL OTHER IMPLIED WARRANTIES, IN LAW OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY EQUITY, AND ALL OTHER OBLIGATIONS OR OTHERWISE AND ANY LIABILITIES ON OUR PART. THERE ARE NO WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCEWHICH EXTEND BEYOND DESCRIPTION HEREOF. Seller neither assumes nor authorizes any person to assume for Seller any liability or obligation in connection with the sale of its Products, CUSTOM OR USAGE OF TRADEexcept said repair or replacement of the defective part as set forth above. Seller’s obligations do 's liability does not cover defects include any labor charges for the replacement of parts, adjustments, repairs or losses caused by normal wear and tear other work done outside its factories. Seller's liability does not include any consequential or deteriorationresulting damage to person, defects property, equipment, goods, merchandise, profits, good will or reputation arising out of any defect in or damage failure of its Products. Seller's obligation to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is replace shall not consistent with Seller’s instructions or the designed capabilities of the goods or that, apply to Products altered outside its factory in its sole judgment, the performance or reliability thereof is adversely affected therebyany way, or which is subjected have been subject to abusenegligence or to misuse. On parts not its manufacture, mishandlingsuch as motors, misuse or neglect or any damage caused by connectionscontrols, interfacing or use in unforeseen or unintended environmentsetc., Seller extends only the same warranties given to the Seller. Seller Seller's agreement hereunder runs only to the immediate purchasers and does not warrant that the operation of the goods will be uninterrupted extend, expressly or error-freeby implications, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual other person. Nothing in the above warranty provisions, however, shall impose liability or obligation of any type, nature or description upon Seller if Seller has not received payment in full for the goodsProduct in question.

Warranty. Seller warrants Baxter Healthcare Corporation and its affiliates warrant that therapxxxxxx and related devices shipped or delivered to BuyerCustomer will not, for a period of one year after at the date time of shipment from Seller’s plantby Baxter or its affiliates, be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act, as amended, nor will such therapeutics and related devices be an article which may not, under provisions of sections 404 and 505 of said act, be introduced into interstate commerce. Baxter and its affiliates further represent and warrant that all goods sold therapeutics and related devices delivered to Buyer under these terms shall meet their applicable specification as may be set forth Customer when stored and used in Seller’s product literature and/or packaging and labeling materials published as of accordance with the date of shipment of directions on the goods. Iflabeling, after Seller receives written notice, within the period are fit for the foregoing warrantypurposes and indications described in the labeling. Unless the therapeutics and related devices is used in accordance with its instructions, that any goods allegedly do not meet Seller’s applicable specificationthese warranties are void and of no effect. THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S INCLUDING ANY WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. BAXTER AND ITS AFFILIATES' SOLE OBLIGATION AND CUSTOMER'S EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY SHALL BE, AT BAXTER'S OPTION, TO REPAIR OR REPLACE THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY THERAPEUTICS AND RELATED DXXXXXX. NEITHER BAXTER NOR ITS AFFILIATES SHALL BE LIABLE FOR PROXIMATE, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE EXEMPLARY DAMAGES. MORE WARRANTIES MAY ACCOMPANY INDIVIDUAL THERAPEUTICS AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCERELATED DEVICES. TRACE SALES REPORTS On all purchases from BAXTER BIOSCIENCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear customer agrees to maintain complete and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification accurate records of the goods that is not consistent with Seller’s instructions or sales of all BioScience therapeutics and related devices covered under this Agreement. Customer agrees to provide monthly trace sales reports, to include the designed capabilities following information: - City, state, and the zip code of the goods prescribing physician - # of units, unit of measure, BioScience therapeutics and related device code or thatNDC#, ship date THE ABOVE INFORMATION MUST BE RECEIVED WITHIN TEN (10) DAYS FOLLOWING THE LAST DAY OF EACH CALENDAR MONTH. The preferred method is to put your report in its sole judgmentMicrosoft Excel Spreadsheet format along with a contact name and telephone number. Remit spreadsheet to the following: cayag@baxter.com 1627 Lake Cook Road Deerfleld, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goods.IL 60000 Xx# 847.948.5951 Fax# 847.940.5798

Warranty. Seller This Addendum B is incorporated in the Resale Agreement between Limelight Media Group, Inc and Champ Car World Series dated May 24, 2004. Limelight Media Group warrants to Buyerthe Sponsors of Champ Car Themed Soft Zone, advertisers and content providers that the content will be aired at the time and location as designated on placement orders. Limelight Media Group reserves the right to withhold the release of the content if there is any outstanding invoice due to Limelight Media Group by the Sponsor or Advertiser. If a technical problem occurs that prevents the airing of the Sponsor, Advertising or Program Content, Limelight Media Group warrants that the technical problem will be corrected within 24 hours of awareness of the problem. Limelight Media Group will maintain a technical help desk that will continually monitor the technical functioning capacities of the Champ Car Themed Soft Zone. If a problem cannot be corrected within 24 hours, Limelight Media Group will issue a refund of received payments or credit against outstanding invoices a prorated amount as calculated as 1/30 of the invoice amount of the placement order for a period of one year after each 24 hours the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published system is non-functional or portion thereof as of the date of shipment of moment the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim automatic alert notice is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining made on the goods which were repaired or replacedsystem servers that a system is non-functioning. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationTHE FOREGOING EXPRESS WRITTEN WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, including the meansEXPRESS, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. LIMELIGHT MEDIA GROUP SHALL IN NO EVENT BE LIABLE TO CHAMP CAR OR THE NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY FOR ANY CONSEQUENTIAL, INDIRECT OR OTHERWISE AND INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INVESTMENT, LOSS OF GOOD WILL, AND/OR INTERFERENCE WITH BUSINESS RELATIONSHIPS, EVEN OF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMELIGHT MEDIA GROUP SHALL NOT BE LIABLE BECAUSE THE PRODUCTS OR ANY WARRANTIES ARISING FROM COURSE DEFECT THEREIN CAUSED ANY DAMAGE TO OR FAILURE OF DEALING OTHER EQUIPMENT TO WHICH THE PRODUCTS ARE CONNECTED. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE EXTENT THAT IT IS ILLEAGAL OR OF PERFORMANCEUNENFORCABLE UNDER APPLICABLE LAW. ADDENDUM C Distribution and Demographic Sheets This Addendum C is incorporated in the Resale Agreement between Limelight Media Group, CUSTOM OR USAGE OF TRADEInc and Champ Car World Series dated May 24, 2004. Seller’s obligations do not cover defects or losses caused The following list of locations have been determined to match the events and marketing areas desired by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual Champ Car for the goodslocation of Champ Car Themed Soft Zones. Scheduled Installation Prior to August 1, 2004.

Warranty. Seller GOODS: SELLER warrants to Buyeragainst defects on all GOODS of SELLER's manufacture for a period of (i) one (1) year from date of startup or use or (ii) eighteen (18) months from the date of shipment, whichever occurs first. PARTS: SELLER warrants against defects on all PARTS for a period of one (1) year after from the date of shipment shipment. SERVICES: SELLER warrants against defects in workmanship on all SERVICES performed by SELLER for a period of ninety (90) days from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt completion of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goodsSERVICES. Refurbished goods may be used SELLER'S obligation to repair or replace the goods and any defective GOODS or PARTS or reperform any defective SERVICES during the warranty on such repaired or replaced goods period shall be the balance of the BUYER'S exclusive remedy and SELLER'S sole liability arising under this warranty remaining on the goods which were repaired or replaced. Buyer waives any warranty claim to any goods which were replaced or the components therein which were replacedmade by BUYER. In no event will Seller order to be required entitled to accept delivery the foregoing warranties, BUYER must notify SELLER in writing of any allegedly defective goods returned to it without its prior authorization, including defects within the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsapplicable warranty period. EXCEPT FOR SELLER’S AS MAY BE OTHERWISE EXPRESSLY SET FORTH IN WRITING HEREIN, THIS WARRANTY OF TITLE TO THE GOODSIS PROVIDED IN LIEU OF, AND SELLER EXPRESSLY DISCLAIMS EXCLUDES ANY AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND AND/OR ANY EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR THE NONUSE. BUYER shall bear any and all costs of access (including removal and replacement of systems and structures), de-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCEinstallation, CUSTOM OR USAGE OF TRADEre-installation and transportation of GOODS and PARTS to SELLER and back to BUYER. Seller’s obligations do not cover defects No allowance will be made for repairs or losses alterations made by others without SELLER's prior written consent. If repairs or alterations are attempted without SELLER's prior written consent, this warranty shall be null and void. SELLER assumes no responsibility for damages caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident including installation by unauthorized third parties, or any utilizationby operation in violation of rated operating conditions, internal or otherwise, or by improper installation, use, handling or maintenance, repair or modification . None of the goods that is not consistent with Seller’s instructions GOODS or PARTS furnished by SELLER shall be deemed defective by reason of failure to resist the action of erosive or corrosive gases or liquids or the designed capabilities deposition of foreign material from such gases or liquids. SELLER'S receipt of payment in full of all sums due to SELLER shall be a condition precedent to SELLER'S warranty obligations, and the goods making of any warranty claim by BUYER shall not excuse BUYER'S obligation to make timely payment of all sums due to SELLER. No repair, replacement or that, in its sole judgment, reperformance by SELLER shall extend the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this applicable warranty cover any copy of or update to any user manual for the goodsperiod.

Warranty. Seller hereby warrants to Buyer, for a the period of one year after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within Good to the period for the foregoing warrantyBuyer, that the Good (a) is manufactured in accordance with the Goods specifications, (b) is free and clear of any goods allegedly do not meet security interest, lien, or encumbrance, and (c) is free from factory defects in material and workmanship. Buyer’s sole and exclusive remedy and Seller’s applicable specification, sole and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire exclusive liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller under this warranty will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and nonconforming Good or, at Seller’s sole discretion, Seller shall refund the purchase price paid therefor. During the warranty on such period, Buyer must notify Seller in writing within 30 days upon discovery of a nonconforming Good. No nonconforming Good can be returned to Seller unless a valid RMA has first been received for that Good from Seller. Nonconforming Goods repaired or replaced goods shall by Seller under warranty will be subject to the balance remaining original warranty period. The warranties set forth above do not apply to any Good which has (a) been subjected to abuse, misuse, neglect, accident, mishandling, contamination, corrosion, or foreign object damage after shipment to Buyer, (b) been repaired, modified, or altered by anyone other than Seller, (c) been operated with supplies from sources other than Seller, (d) been used for or subjected to applications, environments, or physical or electrical stress or conditions other than as intended and recommended by Seller, (e) been improperly stored, transported, installed, or used, (f) had its serial number or other identification markings altered or removed, or (g) use of counterfeit or replacement parts that are neither manufactured by, approved by, or sold to Buyer by Seller. Seller has no obligation under this warranty unless Buyer maintains records that accurately document operating time, maintenance performed and the nature of the unsatisfactory condition of Seller’s Good. Upon Seller’s request, Buyer will give Seller access to these records for substantiating warranty remaining on the goods which were repaired or replacedclaims. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE THE WARRANTIES SPECIFICALLY SET FORTH IN THIS SECTION ARE THE ONLY WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE GOODS, SELLER EXPRESSLY DISCLAIMS GOODS AND EXCLUDES ARE GIVEN IN LIEU OF ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERWARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING BY CUSTOM, TRADE USAGE, OR COURSE OF DEALING, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, AND SELLER HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES TO THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsMAXIMUM EXTENT PERMITTED BY LAW.

Warranty. Seller Candela warrants to Buyerthe original purchaser that the new hardware system, excluding instrument, accessories and consumable products, will be free from defect in material and/or workmanship for a period one (10) days or the appropriate number of one year after pulses, from the date of shipment from Seller’s plantinstallation. For used, that all goods sold to Buyer under these demonstration, or refurbished hardware systems, the terms of warranty shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as specified on Candela's quotation. If the customer schedules or delays Candela installation more than 60 days after shipment, warranty begins on the 31st day after shipment. If Candela receives notice of defects during the date of shipment of the goods. Ifwarranty period, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such noticeCandela will, at Seller’s its option, either repair or replace the hardware components that prove to be defective. The customer must notify Candela of any defect within seven (7) business days faster the defect first comes to the customer's attention. Any replacement of such goodsproducts shall be at Candela's option, be new or remanufactured products, and Seller will be responsible are warranted for the cost of shipping the parts to repair remainder or the unit original warranty or thirty (30) days, whichever is longer. This warranty is not transferable and is subject to replace limitations. Please request the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment Candela Corporation Limited Warranty for such returndetails. Under no circumstances will credit shall Candela be allowed liable for unauthorized rework on any materialsspecial, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict liability or any other legal theory. EXCEPT FOR SELLER’S Such uncovered damages include, but are not limited to; loss of profits, loss or revenue, loss of use of the hardware system or any associated equipment, costs of capital, cost of substitute or replacement equipment, facilities or services, down time, purchaser's time, the claims or third parties including customers, and damages to any real or personal property. THE WARRANTY OF TITLE STATED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES THIS PRODUCT. ALL OTHER WARRANTIES, EXPRESS AND OR IMPLIED (INCLUDING ALL IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF OR MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE), ARE HEREBY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CANDELA CORPORATION, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE NON-INFRINGEMENT SCOPE OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsTHIS WARRANTY.

Warranty. Seller Company warrants to Buyerthat its products will be substantially free from defects and be of a merchantable quality. This warranty is void in cases of damage in transit, for a period negligence, abuse, misuse, accidents, or improper storage. COMPANY'S SOLE OBLIGATION UNDER THIS WARRANTY SHALL BE UPON PROMPT WRITTEN NOTICE BY BUYER OF ANY DEFECT, TO REPLACE WITHOUT CHARGE F.O.B. SUPERIOR COMPOSITES CO., LLC, ANY DEFECTIVE PRODUCTS EXPRESSLY WARRANTED HEREIN BY COMPANY. COMPANY SHALL NOT BE LIABLE TO BUYER, OR TO ANYONE CLAIMING UNDER BUYER. FOR ANY OTHER OBLIGATIONS OR LIABILITIES, INCLUDING, BUT NOT LIMITED TO, OBLIGATIONS OR LIABILITIES ARISING OUT OF XXXx\.CH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS OR COMPANY'S ACTS OR OMISSIONS. This warranty covers only replacement of one year after defective Products and does not include field service, travel and living expenses. All warranties shall terminate on the date that is (90) days from the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as delivery of the Product. Failure to give notice of a claim within sixty (90) days from date of shipment delivery of Products shall constitute a waiver by Buyer of all claims with respect to such Products. IN NO EVENT SHALL COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. COMPANY'S AGGREGATE LIABILITY WITH RESPECT TO DEFECTIVE PRODUCTS SHALL BE LIMITED TO THE MONIES PAID BY BUYER TO COMPANY FOR THE DEFECTIVE PRODUCTS MANUFACTURED BY COMPANY. Company will not reimburse Buyer for any expenses incurred by Xxxxx in replacing any defective Product, except for those incurred with the goodsprior, written permission of Company. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and SellerCompany, in its sole discretion, determines that such claim is valid, Seller’s entire liability manufacture and sole obligation and the exclusive remedy for breach sale of the foregoing warrantythese Products, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts assume no liability as to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused possibleinfringements ofpatents by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate virtue ofthe.use ofsuch Products in combination with other products selected elements or products, and Buyer hereby indemnifies and holds harmless Company against all damages sustained by Buyer’s customer for its use. Seller assumes no liability for equipment Company, including, but not limited to, reasonable attorneys' fees, resulting from any action or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsthreatened action against Company related thereto.

Warranty. Seller warrants Except for uncompleted items of Tenant Improvements specified in the punchlist described in Section 5.3 above, and for latent defects, Tenant shall be deemed to Buyer, for a period have accepted all elements of one year after Tenant Improvements on the date of shipment from SellerSubstantial Completion. In the case of a dispute concerning the completion of items of Tenant Improvements specified in the punchlist, such items shall be deemed completed and accepted by Tenant upon the delivery to Tenant of a certificate of the Architect on behalf of the Contractor that such items have been completed unless the certification reasonably is disputed by Tenant by a notice to Landlord given within ten (10) business days of Landlord’s plantdelivery of the certification to Tenant. In the case of latent defects in Tenant Improvements appearing after the Rent Commencement Date, Tenant shall be deemed to have waived any claim for correction or cure thereof on the date that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of is eleven (11) months following the date of shipment Substantial Completion of the goodsapplicable work if Tenant has not then given notice of such defect to Landlord. IfFor the purposes of this Lease, after Seller receives written notice, within “latent defects” shall mean defects in the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach construction of the foregoing warrantyLandlord Work that are not readily observable by visible inspection at the time the punchlist is prepared or cannot be ascertained by reason of seasonality. Landlord shall cause Landlord’s contractor so to remedy, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace any such latent defects identified by Tenant within the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationforegoing time periods, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent together with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connectionsto the Landlord Work on account of such defects, interfacing or such action to occur as soon as practicable during normal working hours and so as to avoid any unreasonable interruption of Tenant’s use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted Permanent Premises. If timely and adequate notice has been given and if Landlord has other guarantees, contract rights, or errorother claims against contractors, materialmen, architects, suppliers or manufacturers with respect to the Tenant Improvements or any portion thereof, Landlord shall also exercise commercially reasonable efforts to enforce such guarantees or contract rights for Tenant’s benefit upon its request. The foregoing shall constitute Landlord’s entire obligation with respect to all latent defects in the Tenant Improvements. 176640186.8 373606-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goods.000050

Warranty. Seller warrants to Buyer, for a period of one year after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, A. Builder will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the provide warranty on such repaired or replaced goods shall be the balance of the warranty remaining coverage on the goods which were repaired or replacedImprovements to Owner pursuant to the attached and incorporated Express Limited Home Warranty. Buyer waives any claim to any goods which were replaced or the components therein which were replacedBUILDER AGREES TO COMPLY WITH THE EXPRESS LIMITED HOME WARRANTY AS ITS EXPRESS CONTRACTUAL WARRANTY. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationUNLESS BUILDER HAS ALSO ELECTED TO PROVIDE A THIRD­PARTY WARRANTY, including the meansBUILDER AND OWNER AGREE THAT THE EXPRESS LIMITED HOME WARRANTY CONSTITUTES THE EXCLUSIVE WARRANTY TO BE MADE AVAILABLE BY BUILDER AND IS IN PLACE, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY SUPERSEDES AND PRECLUDES OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER GUARANTIES OR WARRANTIES, EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM WORKMANSHIP, REPAIR, MODIFICATION, MERCHANTABILITY, SUITABILITY AND FITNESS. ANY AND ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED BY BUILDER AND WAIVED BY OWNER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF GOOD AND WORKMANLIKE REPAIR OR USAGE MODIFICATION OR EXISTING TANGIBLE GOODS OR PROPERTY AND THE IMPLIED WARRANTY OF TRADEGOOD AND WORKMANLIKE CONSTRUCTION.. THE PARTIES AGREE THAT THE EXPRESS LIMITED HOME WARRANTY AND THIRD­PARTY WARRANTY, IF APPLICABLE, ADEQUATELY SET FORTH THE MANNER, PERFORMANCE, AND QUALITY OF THE CONSTRUCTION OF THE HOME AND IMPROVEMENTS AND SERVICES TO BE PERFORMED. Seller’s obligations Owner acknowledges, understands, and agrees that the terms of the Express Limited Home Warranty and Third­Party Warranty, if applicable, are clear, specific, and sufficiently detailed to establish the only standards of construction performance or service that Builder or Warrantor are obligated to meet. The Parties agree that this Express Limited Home Warranty will control any warranty, workmanship, material, or any other defect claims regarding the Property or Improvements. In the event that the Express Limited Home Warranty or the Third­Party Warranty do not cover defects specify a building or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of performance standard for the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgmentidentified item, the performance or reliability thereof is adversely affected therebyusual and customary industry standards for similar improvements in the geographic region shall govern. In short, or which is subjected to abusethe Express Limited Home Warranty provides warranty coverage on the Improvements for one (1) year for workmanship and materials, mishandlingtwo (2) years for plumbing, misuse or neglect or any damage caused by connectionselectrical, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-freeheating, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer and air­conditioning delivery systems, and ten (10) years for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsmajor structural components.

Warranty. Seller Peak warrants that it will render the Maintenance Services in a good and workmanlike manner. Peak warrants to Buyer, Customer for a period of one year after thirty (30) days following the date performance of shipment from Seller’s plantany installation work by Peak, that all goods sold such work will be performed in a good and xxxxxxx-like manner. In the event of any material failure to Buyer under these terms meet such standard, Customer’s exclusive remedy and Peak’s sole responsibility shall meet their applicable specification as may be set forth for Peak to re-perform the Maintenance Services or, if in SellerPeak’s product literature and/or packaging and labeling materials published as discretion it is not commercially reasonable to re-perform the Maintenance Services, provide Customer with a refund of the date of shipment of the goods. If, after Seller receives written notice, within the period Maintenance Fees paid by Customer for the foregoing warranty, that any goods allegedly do not meet Sellercurrent Term. Peak’s applicable specification, obligations and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and under this warranty are conditioned upon the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair prompt notice of defects as to parts and/or workmanship from Customer. Timely completion of Maintenance Services by Peak is subject to the timely satisfaction by Customer of any Customer obligation or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goodsrequirement. Refurbished goods may be used to repair or replace the goods and the This warranty on such repaired or replaced goods shall be void if the balance Hardware is damaged or rendered unusable by the willful act, negligence and/or tampering of the warranty remaining on the goods which were repaired or replacedpersons other than Peak. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationTO THE FULLEST EXTENT ALLOWED BY LAW, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsTHE WARRANTIES PROVIDED IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. EXCEPT FOR SELLER’S WARRANTY OF TITLE AS EXPRESSLY SET FORTH IN THIS ATTACHMENT, PEAK DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED WITH REGARD TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERSERVICES PROVIDED UNDER THIS ATTACHMENT, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT PURPOSE. THESE DISCLAIMERS OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE WARRANTY CONSTITUTE AN ESSENTIAL PART OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsTHIS ATTACHMENT.

Warranty. Seller Red Hat hereby represents and warrants that Red Hat has all right, title, ownership interest and marketing rights necessary to Buyerprovide the Products to Tech Data. Red Hat further represents and warrants that it has not entered into any agreements or commitments which are inconsistent with or in conflict with the rights granted to Tech Data in this Agreement; the Products are new and shall be free and clear of all liens and encumbrances; Tech Data and its Customers and End Users shall be entitled to use the Products without disturbance; the Products meet all applicable FCC requirements; the Products do and will conform to all codes, for a period laws or regulations; to the best of one year after Red Hat's knowledge the Products have the ability to accurately recognize and process date data related to the 20th and 21st centuries and leap year, without error or interruption (are Year 2000 compliant); and the Products conform in all respects to the Product warranties. Red Hat agrees that Tech Data shall be entitled to pass through to Customers of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging Tech Data and labeling materials published as End Users of the date of shipment Products all Product warranties granted by Red Hat. Tech Data shall have no authority to alter or extend any of the goodswarranties of Red Hat expressly contained or referred to in this Agreement without prior approval of Red Hat. IfRed Hat has made express warranties in this Agreement and in Documentation, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, promotional and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any advertising materials. Tech Data /s/ SML Red Hat /s/ TS -------------- **[CONFIDENTIAL TREATMENT REQUESTED] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. EXCEPT FOR SELLER’S WARRANTY OF TITLE AS SET FORTH HEREIN OR THEREIN, RED HAT DISCLAIMS ALL WARRANTIES WITH REGARD TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERPRODUCTS, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR THE NON-INFRINGEMENT EXPIRATION OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsTHIS AGREEMENT.

Warranty. Xxxxx agrees to inspect all Goods promptly after receipt, and waives any claim for defective Goods, for defective manufacture or workmanship, for shortage in count, or for any other cause not made within fourteen (14) days after receipt of delivery. As to defects which are not discoverable by inspection within fourteen (14) days, Seller warrants to Buyer, for a period of one year after twenty-four (24) months from the date of shipment that the Goods supplied hereunder conform to any relevant specification and are free from Seller’s plantdefects in materials and workmanship, provided that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth the Goods are stored in a temperature and humidity controlled environment and remain in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goodsoriginal packaging. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In Under no event circumstance will Seller be required held responsible for damages that occur in the following situations: damage incurred during shipment, normal wear and tear, misuse, abuse, inadequate storage conditions, use in applications other than lightning strike protection (LSP), installation, use or storage that is inconsistent with Seller’s instructions, and/or repair, maintenance, overhaul, or similar services done subsequent to accept delivery of by any allegedly defective goods returned to it without its prior authorizationother person or entity than Seller. EXEMPTION CLAUSE: DISCLAIMER OF WARRANTY, including the meansCONDITIONS, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S REPRESENTATIONS: THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, (EXCEPT OF TITLE) INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. NO AGREEMENT VARYING, ALTERING OR EXTENDING SELLER’S LIABILITY HEREUNDER WILL BE BINDING ON SELLER UNLESS IN WRITING AND SIGNED BY THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE BUYER’S AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADESELLER’S DULY AUTHORIZED REPRESENTATIVE. Seller’s obligations do not cover defects obligation and Xxxxx’s exclusive remedy hereunder will be limited to the replacement of, or losses caused by normal wear and tear or deteriorationthe reimbursement for, defects in or damage to any goods resulting from improper installationnonconforming Goods, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with at Seller’s instructions or option, and will be conditioned upon Seller’s receiving written notice of any alleged nonconformity within ten (10) days after identifying such nonconformity and within the designed capabilities warranty period, and return of the such goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environmentsSeller. Seller does not warrant that will have a reasonable period of time to evaluate the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual returned Goods for the goodsspecific nonconformance, and either replace or reimburse the Buyer for the nonconforming Goods.

Warranty. Seller warrants to BuyerBuyer that all tangible articles manufactured by Seller will be free of defects in workmanship and material and that the work performed will be of good quality and will conform to the requirements of the bid documents. If the article is installed by Seller, for a period of one year after Seller’s sole obligation under this warranty shall be to provide, without charge, parts and labor necessary to remedy defects which appear within twelve (12) months from the date of shipment from beneficial use or occupancy, as applicable. If Seller provides a Certificate of Substantial Completion, such certificate shall conclusively establish such date. If article is not installed by Seller’s plant, that all goods sold to Buyer under these terms the warranty period shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date within twelve (12) months of shipment of said article. Warranty claim must be made to Seller in writing within such twelve (12) month period. All transportation charges incurred in connection with the goodswarranty for equipment not installed by Seller shall be borne by Buyer. IfSeller warrants that for equipment furnished and or installed, after but not manufactured by Seller, Seller will extend the same warranty terms and conditions which Seller receives written notice, within from the period for manufacturer of said equipment. This warranty is the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, sole and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim given with respect to any goods which were replaced articles delivered or the components therein which were replacedservices performed by Seller. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES EXPRESS AND OR IMPLIED (EXCEPT WARRANTIES WHATSOEVEROF TITLE), INCLUDING INCLUDING, BUT NOT LIMITED TO IMPLIED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NONPURPOSE. This warranty is subject to proper installation of the articles (if installation is not performed by Seller or authorized subcontractors of the Seller) and maintenance and storage of the articles in accordance with the specifications and directions supplied by Seller. This warranty does not apply to any defect, malfunction or failure caused by repairs made by other than or without the consent of Seller or the article has been subject to abuse, misuse, neglect, tampering, accident or damage by circumstances beyond Seller’s control, including without limitation, acts of God, war, acts of government, corrosion, power fluctuations, freeze-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCEups, CUSTOM OR USAGE OF TRADElabor disputes, differences with workmen, riots, explosions, vandalism, or malicious mischief, nor to defective associated equipment or use of the articles with equipment for which they were not sold. All of Seller’s obligations do not cover defects under this warranty will immediately terminate and be of no further force or losses caused by normal wear and tear effect if all or deterioration, defects in or damage any part of the purchase price (including any installment payment) with respect to any goods resulting from improper installationarticle covered by this warranty is not paid to Seller when due. If cause of defect is found not to be Seller’s responsibility, accident or any utilization, maintenance, standard rates for repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsreplacement and labor shall apply.

Warranty. Seller ARRIS warrants that the Product will substantially conform to Buyer, for a period of one year after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable its specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published effect as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, and that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller it will be responsible for free from defects in material and workmanship under normal use during the cost of shipping the parts to repair warranty period. Customer must promptly notify ARRIS or the unit to replace authorized Reseller from whom they acquired the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery Product of any allegedly defective goods defect in the Product. Product returned directly to it without its prior authorizationARRIS under warranty must be shipped prepaid by Customer. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, including the meansWHETHER STATUTORY, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S BY OPERATION OF LAW, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE TO THE GOODSMERCHANTABILITY, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE INFRINGEMENT, TITLE AND ANY WARRANTIES ARISING FROM COURSE OUT OF DEALING USAGE OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. SellerCONSEQUENTIAL DAMAGES ARE EXCLUDED. THIS WARRANTY IS APPLICABLE SOLELY TO YOU AND NOT TO ANY SUCCESSOR IN INTEREST OR ANY OTHER THIRD PARTY. NO WAIVER, ALTERATION, OR MODIFICATION OF THIS AGREEMENT SHALL BE BINDING UNLESS IN WRITING AND SIGNED BY AN ARRIS AUTHORIZED EXECUTIVE. IF A PRODUCT IS NOT LISTED IN THE BELOW, THEN ARRIS DISCLAIMS ALL WARRANTIES OF ALL TYPES. The warranty period is one (1) year from the shipment date or the purchase date for retail purchasers for Touchstone Telephony and Cable Modem Products two (2) years for EU Countries) and one (1) year for TTM Batteries, LPSUs and Telco IF Package for Multiline TTMs. Use of ARRIS battery packs in other vendor’s obligations do equipment voids the ARRIS battery pack warranty. Use of other vendor’s battery packs in ARRIS Products, void the Product warranty and may degrade performance or be hazardous. Use of a power cord or a power adaptor not supplied with the Product can cause damage and may void the Product warranty. This warranty does not cover defects or losses caused by normal wear and tear or deteriorationtear, defects in or such as fuses, lamps, and batteries except as otherwise provided herein. ARRIS does not warrant (1) physical damage to any goods resulting from the surface of the Products, including cracks or scratches on the casing; (2) damage caused by misuse, neglect, improper installationinstallation or testing, accident or any utilization, maintenanceunauthorized attempts to open, repair or modification modify the Products, or any other cause beyond the range of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any intended use; (3) damage caused by connectionsaccident, interfacing fire, power changes, other hazards, or use in unforeseen or unintended environments. Seller does not warrant that the operation acts of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsGod.

Warranty. Seller warrants Landlord hereby agrees to Buyermake any and all repairs to the Building and the Leased Premises, for a period at its own expense, as are necessary or reasonably desirable to correct any defects in the Leased Premises or the Building of one year which Tenant notifies Landlord in writing during the first twelve (12) months after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as Substantial Completion of the date Tenant Improvements. In addition, Landlord hereby agrees to make any and all repairs to the Expansion Improvements, at its own expense, as are necessary or reasonably desirable to correct any defects in the Additional Space of shipment which Tenant notifies Landlord in writing during the twelve (12) months after Substantial Completion of the goodsExpansion Improvements. IfEach of the preceding two (2) sentences being referred to herein as the “Landlord Warranty”. Without limiting the foregoing, from and after Seller receives written noticeSubstantial Completion, within the period Landlord shall enforce for the foregoing warrantybenefit of Tenant all warranties and guarantees relating to the Tenant Improvements and the Expansion Improvements, that any goods allegedly do not meet Seller’s applicable specificationif applicable, and Sellerany and all systems contained in the Leased Premises. Within thirty (30) days after Substantial Completion, Landlord shall provide Tenant with copies of all warranties and guarantees applicable to the Tenant Improvements to the extent in its sole discretionLandlord’s possession. Thereafter, determines that Landlord shall deliver copies of such claim is validwarranties and guarantees to Tenant promptly following Landlord’s receipt thereof. Landlord agrees to use reasonable, Seller’s entire liability diligent efforts to obtain such warranties and sole obligation and the exclusive remedy for breach guarantees. Neither Landlord nor Tenant shall take any action which shall invalidate any of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair warranties or replacement of such goodsguarantees, and Seller Tenant shall provide Landlord with written notice of all warranty claims. Tenant will notify Landlord promptly upon discovery of any potential problems which may be covered under the foregoing warranties, and Landlord will cooperate with Tenant in enforcing such claims. Without limiting Landlord’s duty to perform repairs under any warranties contained herein, the extent and performance of any repairs required under the foregoing warranties will be responsible for mutually agreed to between Landlord and Tenant so as to minimize the cost of shipping disruption to Tenant’s business operations. This Landlord Warranty shall exclude damages or defects caused by Tenant, its agents, employees or contractors, improper or insufficient maintenance (to the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be extent required to accept delivery of any allegedly defective goods returned to it without its prior authorizationbe maintained by Tenant), including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects improper operation or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsunder normal usage.

Warranty. Seller warrants Except for uncompleted items of Tenant Improvements specified in the punchlist described in Section 5.3 above, and for latent defects, Tenant shall be deemed to Buyer, for a period have accepted all elements of one year after Tenant Improvements on the date of shipment from SellerSubstantial Completion. In the case of a dispute concerning the completion of items of Tenant Improvements specified in the punchlist, such items shall be deemed completed and accepted by Tenant upon the delivery to Tenant of a certificate of the Architect on behalf of the Contractor that such items have been completed unless the certification reasonably is disputed by Tenant by a notice to Landlord given within ten (10) business days of Landlord’s plantdelivery of the certification to Tenant. In the case of latent defects in Tenant Improvements appearing after the Rent Commencement Date, Tenant shall be deemed to have waived any claim for correction or cure thereof on the date that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of is eleven (11) months following the date of shipment Substantial Completion of the goodsapplicable work if Tenant has not then given notice of such defect to Landlord. IfFor the purposes of this Lease, after Seller receives written notice, within “latent defects” shall mean defects in the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach construction of the foregoing warrantyLandlord Work that are not readily observable by visible inspection at the time the punchlist is prepared or cannot be ascertained by reason of seasonality. Landlord shall cause Landlord’s contractor so to remedy, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace any such latent defects identified by Tenant within the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationforegoing time periods, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent together with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connectionsto the Landlord Work on account of such defects, interfacing or such action to occur as soon as practicable during normal working hours and so as to avoid any unreasonable interruption of Tenant’s use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted Permanent Premises. If timely and adequate notice has been given and if Landlord has other guarantees, contract rights, or error-freeother claims against contractors, that materialmen, architects, suppliers or manufacturers with respect to the functions of Tenant Improvements or any portion thereof, Landlord shall also exercise commercially reasonable efforts to enforce such guarantees or contract rights for Tenant’s benefit upon its request. The foregoing shall constitute Landlord’s entire obligation with respect to all latent defects in the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsTenant Improvements.

Warranty. Seller Manufacturer warrants that all Products will conform to Buyer, the -------- Specifications and will be free from defects in material and workmanship for a period of one (1) year after the from date of shipment from Seller’s to Customer or to another party specified in a Purchase Order for Shipment and that all Products will conform to the IPC 610B Class 2 workmanship standard. Customer's sole and exclusive remedy with respect to the Products and the liability of Manufacturer under this Agreement shall be limited to repair or replacement, at Manufacturer's option, of any defective Products which are returned freight prepaid to Manufacturer's plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If(or, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either if repair or replacement of such goodscannot be made despite Manufacturer's best efforts to attempt to do so, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance refund of the warranty remaining on the goods which were repaired purchase price (other than any separate set-up or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment NRE fees) for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsProducts so returned.) THE FOREGOING STATES THE FULL EXTENT OF MANUFACTURER'S LIABILITY TO CUSTOMER OR TO ANY OTHER PARTY BASED ON ANY LEGAL THEORY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, OR TORT THEORIES, AND FOR DAMAGES, WHETHER DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, RESULTING FROM ANY SUCH BREACH AND CUSTOMER SHALL HAVE NO RIGHT TO "COVER" BY PROCURING SUBSTITUTE PRODUCTS AT THE COST OR EXPENSE OF MANUFACTURER. EXCEPT FOR SELLER’S AS PROVIDED ABOVE, MANUFACTURER MAKES NO WARRANTIES EXPRESS, IMPLIED OR STATUTORY, AND EXPRESSLY EXCLUDES AND DISCLAIMS ANY WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCEPURPOSE. Notwithstanding any other provision of this Agreement, CUSTOM OR USAGE OF TRADE. Seller’s obligations do the foregoing warranty shall not cover defects apply to goods or losses caused by normal wear and tear parts which have been subject to improper storage, abuse, misuse, accident, alteration, neglect or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, unauthorized repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in installation. All Products returned shall be handled per Manufacturer's RMA procedure. Manufacturer shall be responsible for tracking board serialization and warranty dates and such information shall be accessible to Customer upon its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsreasonable request.

Warranty. Seller warrants to Buyer, the original Buyer for a period of one year after 12 months from the date of shipment delivery that at the time of delivery, all Goods and service shall be free from Seller’s plant, that all goods sold defects in material and workmanship and will conform to applicable specifications and drawings. Buyer must notify Seller in writing of any warranty claim within twelve (12) months after delivery to Buyer in order to make a warranty claim under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of this warranty. After the date of shipment of the goods. Ifclaim has been verified by Seller or its authorized representative, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Sellershall, in its sole discretion, determines undertake to make all necessary repairs, corrections, or modifications, or replacements so that such claim the allegedly defective Goods comply with warranty stated above. This warranty is validvalid only if the Goods have been properly installed, serviced and maintained in conformity with applicable service manuals, bulletins and instructions and used consistent with Seller's recommendations. Seller’s entire liability and sole obligation and the exclusive remedy for breach of this warranty is expressly limited to repair or replacement of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such noticeallegedly defective Goods, at Seller’s option, either provided that the allegedly defective Goods, at Seller’s option, are returned shipping prepaid to Seller or its authorized repair facility. Xxxxx agrees that this warranty shall be its sole and exclusive remedy against Seller. Any allegedly defective Good that is repaired, corrected, modified or replacement replaced under the terms of such goodsthis warranty shall be warranted under the same terms as stated herein for six (6) months, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance unexpired remainder of the warranty remaining as specified herein, whichever is greater. Seller reserves the right to charge Buyer for handling and examination fee of 10% of the original invoice price or $100.00 per unit, whichever is greater, on the goods which were repaired or replacedGoods returned for warranty service found by Seller upon testing to be non-defective. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL ANY OTHER WARRANTIES, EITHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsPURPOSE.

Warranty. Subject to the limitations in Section 18 herein, Seller warrants to Buyerthat the Equipment shall be free from defects in material, for a period of one year after workmanship, and title. If it appears within twelve (12) months from the date of shipment from Seller’s plantpurchase, that all goods sold the Equipment or any part thereof does not conform to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing this warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, Buyer so notifies Seller within a reasonable time after Seller’s receipt of discovery, Seller shall thereupon promptly correct such notice, at Seller’s option, either nonconformity by repair or replacement EXW Seller’s factory or service center. Seller's sole obligation and Buyer's sole remedy under this warranty is repair or replacement at Seller's election. Seller's warranty obligation for Services shall be the earlier of such goods, and either ninety (90) days from the date of initial startup or six (6) months after completion of the Service work. Seller will shall not be responsible for any on-site costs, including removal and reinstallation of any warranted Equipment. Buyer agrees to provide Seller reasonable and clear access to its Equipment which may include removal of materials or structures as well as supplying any equipment, materials or structures which are necessary to provide reasonable access to the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were Equipment being repaired or replaced. Buyer waives any claim to any goods which were All Equipment repaired or replaced or will be re-warranted only for the components therein which were replacedremainder of the original warranty period. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S THE EXPRESS WARRANTY SET FORTH HEREIN IS THE EXCLUSIVE WARRANTY OF TITLE TO THE GOODSSELLER, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL NO OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERWARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCEPURPOSE, CUSTOM OR USAGE OF TRADESHALL APPLY. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that Seller is not consistent with Seller’s instructions responsible for repairs or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused alterations made by connections, interfacing or use in unforeseen or unintended environmentsothers without mutual written agreement between Seller and Buyer. Seller does not warrant that the Equipment or any repair/replacement part against the effects of erosion, corrosion, or normal wear and tear due to operation or the environment. The warranty and remedies set forth herein are conditioned upon proper storage, installation, use and maintenance of the goods will be uninterrupted Equipment in all material respects, and in accordance with Seller’s written recommendations. Replacement parts or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services repairs furnished by Buyer or its customer nor does under this warranty cover any copy of or update shall be subject to any user manual the warranty provisions herein for the goodsremaining original warranty period.

Warranty. Seller Landlord hereby warrants to Buyer, (i) the Shell Work for a period of one (1) year from Substantial Completion of the Shell Work against defects in materials and workmanship, ordinary wear and tear excepted and (ii) Tenant Improvements for a period of one (1) year from Substantial Completion of the Tenant Improvements against defects in materials and workmanship, ordinary wear and tear excepted. The foregoing warranty covers all materials, labor and equipment for repairs, but do not cover consequential damages, such as lost profits or opportunity, incurred by the Tenant. In addition to the foregoing, upon the Substantial Completion of the Shell Work and/or Tenant Improvements, Landlord shall use commercially reasonable efforts to enforce for the benefit of Tenant all warranties and guaranties relating to the Shell Work and/or Tenant Improvements and any and all systems contained therein. Landlord shall provide Tenant with copies of all warranties and guaranties applicable to the Shell Work and Tenant Improvements within sixty (60) days after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as respective Substantial Completion dates of the date of shipment of Shell Work and Tenant Improvements and Landlord shall consult with Tenant as to the goodsapplication and restrictions applicable to all such warranties and guaranties. If, after Seller receives written notice, within the period for the foregoing warranty, that Tenant shall not take any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach action which shall invalidate any of the foregoing warranties or guarantees and shall provide Landlord with written notice of all warranty claims. Tenant will notify Landlord, within ten (10) days or such shorter period as required by any warranty, will beof its discovery of any potential problems which may be covered under the foregoing warranties. Without limiting Landlord's duty to perform repairs under any warranties contained herein, within a reasonable time after Seller’s receipt the extent and performance of such notice, at Seller’s option, either repair or replacement of such goods, and Seller any repairs required under the foregoing warranties will be responsible for mutually agreed to between Landlord and Tenant so as to minimize the cost disruption to Tenant's use of shipping the parts to repair or Leased Premises. Notwithstanding the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and foregoing, the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives and Landlord's obligations to correct any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover work hereunder excludes defects or losses damage caused by (1) abuse, modification, or improper maintenance, installation or operation by Tenant or its agents, contractors, employees or invitees, (2) damages or defects caused by Tenant or its agents, contractors, employees or invitees, or (3) normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsunder normal usage.

Warranty. Seller Subject to sub clauses A), B) and C) hereof, Sunline Shutters warrants its Fusion PLUS shutters, supplied by it hereunder to Buyerthe dealer, to be free from defects in material or workmanship under normal and proper use, when installed and maintained correctly in residential dwellings, for a period of one year after starting from the date of shipment from Seller’s plant, that all goods sold invoice to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goodsbuyer. If, after Seller receives written notice, within the period This additional warranty extends to lifetime (unlimited years) for the foregoing warrantyFusion PLUS Shutter PVC extrusion against cracking, that any goods allegedly do warping and sagging. Sunline Shutters is not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost removal, reinstallation nor shipping charges, labour or other associated costs with the reinstallation or removal of shipping shutters and all liability for consequential or incidental damages from any cause whatsoever associated with the parts to repair or the unit to replace the defective goodswarranty service. Refurbished goods may be used Sunline guarantees to repair or replace the goods at their sole discretion any parts or items deemed to be suffering from a defect. Sunline, where possible, will repair or replace any product using identical components. If Sunline designs and/or styles have been altered or upgraded, Sunline will replace any components suffering from a defect with a part or product of comparable quality and the value. The articles that are replaced pursuant to this warranty on such repaired or replaced goods shall be retained by Sunline Shutters. The warranty is ex-factory, restricted to supply only and valid for the balance original purchaser or first end user only, at the sole discretion of Sunline Shutters’ management. Fusion PLUS Shutter Warranty This warranty does not apply:  To metal componentry beyond one (1) year  To colour fastness of paint finish beyond three (3) years  To shutters installed in external situations  To persons other than the warranty remaining on original purchaser  To shutters that have not been paid for in full and remain the goods which were repaired or replacedproperty of Sunline Shutters. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by  To normal wear and tear or deterioration, defects in or  To installation damage to any goods resulting from improper installationthe window(s) or premises  If application, accident operation, maintenance or any utilization, maintenance, repair or modification of the goods that installation is not consistent in accordance with Seller’s instructions Sunline Shutters Specification Guidelines or Care and Maintenance Instruction.  If the designed capabilities shutter has been opened, dismantled or returned wih clear evidence of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect other damage, or tampered with in any damage caused manner whatsoever by connections, interfacing a person other than an approved installation technician  If the shutter is incorrectly measured and the measurement was not undertaken by Sunline Shutters  To marks or imperfections not visible with the naked eye in natural daylight from a distance of 1.2 metres  To the use in unforeseen of components not supplied by Sunline Shutters  To any alterations made to the original shutter panels as supplied  If the shutter has been incorrectly or unintended environments. Seller does not warrant that insufficiently cleaned and maintained  To the operation use of the goods will be uninterrupted silicon based sprays or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goods.abrasive cleaning agents on product

Warranty. Seller warrants to BuyerBuyer that all goods and services covered by this Purchase Order will conform with the specifications, drawings, and other descriptions supplied or adopted by Buyer and will be new, of good quality, fit and sufficient for the purposes for which they are Intended as evidenced in this Purchase Order and in the drawings and specifications referred to herein, of good materials, design and workmanship, free from defects, and will fulfill satisfactorily the operating conditions specified herein. Seller, at its expense, (including without limitation costs of removal, packing, transportation, and reinstallation) shall promptly either repair or replace any defective materials, workmanship, or services furnished to Buyer which within twelve (12) months after Final Acceptance. Nothing herein contained shall diminish the extended liability for faulty materials or workmanship, which is created by applicable law as, for a period example, without limitation, by provisions creating builder responsibility for periods in excess of one year after the warranty if required by applicable law. Goods or services that are repaired or replaced by Seller pursuant to this Warranty shall be warranted, according to the terms hereof, for an additional twelve (12) months from the date of shipment such repair or replacement. Seller will at any time be chargeable for repairs made by Buyer to correct such a failure to meet the warranty herein when Seller has been given notice of such failure and thereafter has failed to take prompt and effective action to correct the failure in accordance with the foregoing. If the Seller, after having been given seven (7) days written notice to remedy the said deficiencies, fails or neglects to comply then the Buyer and/or Owner may perform the necessary Work and deduct the cost of same from any monies owing to the Seller, or the Sel ler shall pay to the Buyer and/or Owner on demand all costs incurred in connection therewith. Provided that in the event of an emergency arising from the said deficiencies, which imminently endangers life or property, the Buyer and/or Owner may make such immediate arrangements for emergency repairs as it deems fit and the Seller shall pay to the Owner all costs incurred by the Buyer and/or Owner in connection therewith. Provided also that if the Seller’s plantfield force has been removed from the Site due to termination of the Purchase Order, that the Buyer and/or Owner, at its option and at the cost of the Seller, may undertake such repairs or replacement. The above warranties are in addition to all goods sold to Buyer under these terms shall meet their applicable specification other warranties as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specificationexpress or implied at law or equity, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability all warranties shall extend to Buyer and sole obligation any successors and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsassigns.

Warranty. Seller warrants Ciprico's sole and exclusive warranty to Buyer, SGI is that all products to be delivered hereunder will be free of defects in material and workmanship for a period of one (1) year after from the date of shipment from Seller’s plant, to SGI or SGI designated shipping area. Ciprico warrants that it's product will meet the Ciprico Product Specification for each product that SGI purchases or will purchase in the future. Ciprico will honor all goods sold warranties only on a "return to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goodsfactory" basis shipped at SGI expense. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and Ciprico's sole obligation (and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will remedy) hereunder shall be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods any defective component and the warranty on pay transportation costs for such repaired or replaced goods replacement at no charge to SGI, who shall be the balance at it's own expense provide labor for removal of the warranty remaining on defective product and installation of it's replacement. If Ciprico or SGI detects a recurring pattern of defects or a material safety problem in any of the goods Products provided hereunder, Ciprico shall investigate and determine the root cause of the defect. Upon finding that a recurrent defect or a material safety problem exists, which were repaired may cause substantial problem, Ciprico shall provide, in an orderly fashion, a replacement solution to the recurrent defect or replacedmaterial safety problem. Buyer waives any claim to any goods which were replaced or All costs incurred by SGI in performing the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationreplacement, including labor costs if an off site action is required, will be borne by Ciprico. Ciprico may change the meansterms of the standard warranty at any time, carrier and route of shipment for such returneffective upon thirty (30) days written notice to SGI. Under no circumstances will credit be allowed for unauthorized rework on any materials. Ciprico acknowledges Year 2000 Compliance as referenced in Attachment C. EXCEPT FOR SELLER’S AS EXPRESSLY PROVIDED IN THE APPLICABLE STANDARD WARRANTY POLICY, CIPRICO MAKES NO REPRESENTATION OR WARRANTY OF TITLE ANY KIND, EXPRESSED OR IMPLIED, EITHER BY LAW OR BY STATUTE, WITH RESPECT TO THE GOODSPRODUCTS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERWHETHER AS TO MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ANY OTHER MATTER. THE NON-INFRINGEMENT WARRANTY REMEDIES DESCRIBED IN THIS PARAGRAPH REPRESENTS SGI'S EXCLUSIVE REMEDIES FOR BREACHES OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsWARRANTY.

Warranty. Seller warrants to Buyer, for a period of one year after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as The manufacturer or publisher of the date of shipment of the goodsProducts, if any, provides product warranties. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and Clipper Controls makes no warranties whatsoever. Clipper Controls sole obligation (and Buyer’s sole remedy) in the exclusive remedy for event of breach of any warranty shall be the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goodsProducts. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replacedIN NO EVENT SHALL Clipper Controls BE LIEABLE FOR ANY CONSEQUENTIAL DAMAGES OR DAMAGES OF ANY KIND OR NATURE ALLEGED TO HAVE RESULTED FROM ANY BREACH OFWARRANTY. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY Clipper Controls DOES NOT WARRANT THE MERCHANTABILITY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND PRODUCTS OR THEIR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. Clipper Controls MAKES NO WARRANTY, EXPRESS OR IMPLIED, OTHER THAN THOSE SPECIFICALLY SET FORTH XXXXX. Limitation of Liability Clipper Controls, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS SHALL NOT BE LIABLE TO BUYER, BUYER’S CUSTOMERS, OR ANY OTHER PARTY FOR ANY LOSS, DAMAGE, OR INJURY THAT RESULTS FROM THE NON-INFRINGEMENT USE OR APPLICATION BY BUYER, BUYER’S CUSTOMERS, OR ANY OTHER PARTY, OF THIRD PARTY INTELLECTUAL PROPERTY PRODUCTS DELIVERED TO BUYER. Clipper Controls SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUE PRODUCTS OR OTHERWISE AND SERVICES, NOR FOR ANY WARRANTIES ARISING FROM COURSE LOSS OF DEALING BUSINESS, LOSS OF USE OR OF PERFORMANCEDATA, CUSTOM INTERRUPTION OF BUSINESS, LOST PROFITS OR USAGE GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMGES OF TRADEANY KIND ARISING OUT OF THIS AGREEMTNH, EVEN IF Clipper Controls HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIITED REMEDY. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environmentsTHIS EXCLUSION INCLUES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST XXXXX. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its useCLIPPER CONTROLS’ TOTAL LIABILITY UNDER THIS AGREEMET WITH RESPECT TO ANY PRODUCT SOLD HERUNDER SHALL IN NO EVENT EXCEED TH PRICE PAID BY BUYER FOR SUCH PRODUCT OR SERVICE ACTUALLY DELIVERED AND PAID FOR BY BUYER HERUNDER. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsBUYER HEREBY EXPRESSLY WAIVES ANY AND ALL CLAIMS FOR SUCH DAMAGES.

Warranty. Seller GOODS: SELLER warrants to Buyer, against defects on all GOODS in accordance with SELLER’S Warranty Policies and Procedures available on the XX-Xxxxxx Distributor Portal. PARTS: SELLER warrants against defects on all PARTS in accordance with SELLER’S Warranty Policies and Procedures available on the XX-Xxxxxx Distributor Portal. SERVICES: SELLER warrants against defects in workmanship on all SERVICES performed by SELLER for a period of one year after ninety (90) days from the date of shipment from Seller’s plantcompletion of such SERVICES. SELLER’S obligation to repair or replace any defective GOODS or PARTS or reperform any defective SERVICES during the warranty period shall be BUYER’S sole and exclusive remedy and SELLER’S sole liability arising under this warranty or any warranty claim made by BUYER. In order to be entitled to the foregoing warranties, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth BUYER must notify SELLER in Seller’s product literature and/or packaging and labeling materials published as writing of defects within thirty (30) days of the date of shipment discovery of same during the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsperiod. EXCEPT FOR SELLER’S AS MAY BE OTHERWISE EXPRESSLY SET FORTH IN WRITING HEREIN, THIS WARRANTY OF TITLE TO THE GOODSIS PROVIDED IN LIEU OF, AND SELLER EXPRESSLY DISCLAIMS EXCLUDES ANY AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND AND/OR ANY EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR THE NONUSE. BUYER shall bear any and all costs of providing free and clear access to the GOODS and PARTS (including removal and replacement of systems and structures), de-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCEinstallation, CUSTOM OR USAGE OF TRADEre-installation and transportation of GOODS and PARTS to SELLER and back to BUYER. Seller’s obligations do not cover defects No allowance will be made for repairs or losses alterations made by others without SELLER’S prior written consent. If repairs or alterations are attempted without SELLER’S prior written consent, this warranty shall be null and void. SELLER assumes no responsibility for damages caused by accident, neglect, damage during transport, improper installation, use, handling, or maintenance, including installation by unauthorized third parties, or by operation in violation of rated operating conditions, internal or otherwise, or normal wear and tear or deterioration, defects in or damage to any goods damages resulting from improper installationthe use of parts not authorized by the original equipment manufacturer or from BUYER’S failure to store, accident install, maintain, and/or operate the GOODS or any utilizationPARTS in accordance with SELLER’S operating manuals, maintenanceservice manuals, repair or modification instructions, drawings, and good engineering practice. None of the goods that is not consistent with Seller’s instructions GOODS or PARTS furnished by SELLER shall be deemed defective by reason of chemical or abrasive action, excessive heat or failure to resist the action of excessive heat, erosive or corrosive gases or liquids or the designed capabilities deposition of foreign material from such gases or liquids. SELLER’S receipt of payment in full of all sums due to SELLER shall be a condition precedent to SELLER’S warranty obligations, and the goods making of any warranty claim by BUYER shall not excuse BUYER’S obligation to make timely payment of all sums due to SELLER. No repair, replacement or that, in its sole judgment, reperformance by SELLER shall extend the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this applicable warranty cover any copy of or update to any user manual for the goodsperiod.

Warranty. Seller During the Warranty Period, as hereinafter defined, Builder warrants that all labor furnished by Builder, its employees and subcontractors, all Builder furnished materials and all Vessels constructed under this Contract will be free from defects and shall conform to Buyerthe requirements of the Contract Documents. Builder shall have no responsibility whatsoever with respect to any claim under this Warranty not reported in writing to Builder within three hundred sixty-five (365) days from the Delivery Date as specifically defined in this Article VII (such 365 day period being hereinafter referred to as the "Warranty Period"). For purposes solely of this Article VII, "Delivery Date" shall be defined as the earlier of the following: (1) fourteen (14) days after date of a written notice from Builder that the Vessel is complete in accordance to the Contract Documents and the Vessel is available for a period of one year after delivery, or (2) the date of shipment actual delivery of the Vessel. In the event Purchaser timely notifies Builder of any claim covered under this Warranty, Builder shall correct the non-conforming work by making repairs or replacements at its option at a yard designated by Builder without expense to Builder for transporting the Vessel, or any component thereof, to or from Seller’s plantthat yard; provided, however, that all goods sold if it is not practical to Buyer under these terms have the Vessel proceed to such yard, Purchaser may, with prior written consent of Builder, have such repairs or replacements made elsewhere, and, in such event, Builder shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as reimburse Purchaser a sum equivalent to (i) one hundred twenty (120%) percent of the date amount Builder would have expended at such yard at Builder's then prevailing rates, or (ii) the amount actually expended by Purchaser, whichever is less. In no event shall Builder be liable to Purchaser for any sum in excess of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair repairs or the unit to replace the defective goods. Refurbished goods may replacements as specified above, nor shall Builder be used obligated to repair or replace any material or equipment, where such repair or replacement is caused by the goods negligent operation or maintenance of the Vessel, its equipment, or components. Notwithstanding anything contained in this Contract to the contrary, Builder makes no express or implied warranty that any new or rebuilt equipment, material or components purchased from suppliers or manufacturers and installed on the warranty on Vessels are free from manufacturers' defects; provided, however, Builder warrants that the installation of such repaired or replaced goods equipment, material and components shall be conducted in a proper and workmanlike manner and that Builder shall use reasonable care to inspect, in accordance with Builder's usual and customary shipbuilding practice, such equipment material and components prior to installation. Builder agrees to utilize equipment, material and components with manufacturer's warranties where such warranties are customarily offered by manufacturers, provided, however, Builder shall have no obligation to (i) incur any expense in obtaining such warranty or (ii) purchase any extended warranty, unless Purchaser expressly requests such action, in which case all expenses in connection with Purchaser's request shall be at Purchaser's sole cost and expense. To the balance extent available, Builder agrees to transfer and assign to Purchaser, without warranty of Builder with respect thereto, any manufacturer's warranties covering equipment, material or components furnished by others and Builder further agrees to cooperate with Purchaser to enforce any such manufacturer's warranties, short of instituting legal action on Purchaser's behalf and/or incurring other legal fees or expenses. Builder represents that the Vessel and all equipment, material and components incorporated therein (except those specifically designated by Purchaser as aforesaid), shall be of first class marine quality. Except as otherwise provided herein with respect to the Builder's Design (as hereinafter defined), Builder has no responsibility whatsoever for the design or engineering of the warranty remaining on Vessels. Builder shall obtain the goods approval of the Classification Society, where such approval is required, for the classification of the Vessels or as otherwise desired by Builder. Upon obtaining such approval by the Classification Society, Builder shall have no responsibility whatsoever for the design or engineering of the Vessels. Any design, working drawings or engineering provided by Builder (not duplicative of, and as opposed to, the Purchaser's Design) which were repaired has not been reviewed and approved by the Classification Society (the "Builder's Design") shall be performed diligently and in accordance with first class industry standards. With respect to paint, Builder warrants that it will purchase paint of good marine quality in accordance with the Contract Documents and that it will apply the paint in accordance with the manufacturer's specifications and recommendations, and Builder makes no warranty, express or replaced. Buyer waives any claim implied, with respect to any goods which were replaced the paint or the components therein which were replacedmanufacturer's specifications and recommendations. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S THE WARRANTY AND REMEDIES SET FORTH IN THIS ARTICLE VII ARE IN SUBSTITUTION OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES IN LIEU OF ANY AND ALL OTHER EXPRESS WARRANTIES AND REMEDIES EXPRESSED OR WHICH MIGHT BE IMPLIED WARRANTIES WHATSOEVER(INCLUDING, INCLUDING BUT NOT LIMITED TO TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WORKMANLIKE SERVICES) WITH RESPECT TO THE NON-INFRINGEMENT CONSTRUCTION, DELIVERY AND SALE OF THIRD PARTY INTELLECTUAL PROPERTY THE VESSELS, AND BUILDER SHALL, FOLLOWING SAID DELIVERY AND SALE, IN NO EVENT BE LIABLE TO PURCHASER FOR THE BREACH OF ANY WARRANTY, GUARANTY, OR REMEDY, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, EXCEPT AS SPECIFICALLY SET FORTH ABOVE. BUILDER SHALL AT NO TIME AND IN NO EVENT BE LIABLE TO PURCHASER OR TO ANYONE CLAIMING TO OR THROUGH PURCHASER FOR LOSS OR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSS OF PROFITS RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY ACT, ERROR, OMISSION, NEGLIGENCE, STRICT LIABILITY, TORT, PRODUCT LIABILITY, OR OTHERWISE AND ANY OF BUILDER, ITS EMPLOYEES OR SUBCONTRACTORS. THE PARTIES HERETO AGREE THERE ARE NO WARRANTIES ARISING FROM COURSE GIVEN WHICH EXTEND BEYOND THE LANGUAGE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADETHIS ARTICLE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller Builder does not warrant that the operation of the goods will be uninterrupted any components, equipment, engineering, specifications, designs or error-free, that the functions of the goods will meet Buyer’s plans specified or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer Purchaser, its contractors (except Builder), subcontractors, employees, architects or engineers, or any labor performed by others (other than Builder or Builder's subcontractors) at the direction or request of Purchaser or Purchaser's representative(s), and Builder specifically disclaims any warranties, express or implied, in connection therewith. To the extent Purchaser, its customer nor does this warranty cover contractors (except Builder), subcontractors, employees, architects or engineers furnished any copy components, equipment, designs, plans, engineering or specifications, Purchaser agrees to protect, defend, indemnify and hold Builder, its subcontractors, employees, officers, directors, and its subsidiaries and affiliates (if more than 50% owned) harmless from and against any and all liability, obligations, claims, demands or actions of any nature for personal injury, death, or update to property damage, arising out any user manual for the goodssuch components, equipment, design, plan, engineering or specification.

Warranty. This warranty extends only to the first purchaser (Buyer) of the products listed on the face hereof, and does not extend to any subsequent purchaser of any of these products. Seller warrants to Buyerthe Buyer that its products and components, when installed correctly according to instructions provided by Seller, and when properly maintained, will be free from defects in workmanship and materials for twelve (12) months after manufacture. This warranty does not apply to defects caused by faulty installation, misuse, accident, alteration, improper care after installation, or chemical, electrical or physical abuse. If a period of one year after product or a component is found not to comply with this warranty, the date of shipment from defective product or component shall be promptly returned, freight prepaid, to Seller’s plantfactory for examination. If the failure is due to causes other than faulty installation or Buyer abuse, that all goods sold Seller will repair, or at its option replace the component or parts found to be defective at no charge and return to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging with shipping charges prepaid, and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period issue credit for the foregoing warrantyincoming shipping charge. THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, that any goods allegedly do not meet Seller’s applicable specificationSTATUTORY OR OTHERWISE, and SellerEXPRESS OR IMPLIED, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE ALL OTHER REPRESENTATIONS TO THE GOODSBUYER, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROBLIGATIONS OR LIABILITIES WITH RESPECT TO ANY PRODUCT PURCHASED HEREBY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND SELLER’S OBLIGATION UNDER ALL SUCH WARRANTIES SHALL NOT EXCEED THOSE SET FORTH ABOVE. NO OTHER WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED, HAS BEEN MADE BY SELLER WHICH HAS BEEN RELIED ON BY THE NON-INFRINGEMENT BUYER. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OTHER THAN AS SET FORTH ABOVE OR FOR LOSS OF THIRD PARTY INTELLECTUAL PROPERTY PROFITS OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OTHER INDIRECT, SPECIAL, INCIDENTAL OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADECONSEQUENTIAL DAMAGES. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goods11.

Warranty. Seller SELLER warrants the goods to Buyer, be delivered hereunder to be free from defects in material or workmanship for a period of one year after (standard warranty term) from the date of shipment from Seller’s plantdelivery to BUYER. BUYER may choose to optional purchase extended warranty services for terms up to 48 months, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goodsat additional cost. If, after Seller receives written notice, If within the period for the foregoing warrantyof such warranty BUYER promptly notifies Seller of any claimed defect and if requested by SELLER returns such part or parts as are claimed defective, that any goods allegedly do not meet Seller’s applicable specificationtransportation charges prepaid, to SELLER, and Sellerit appears to SELLER that such part or parts are defective, in SELLER will at its option repair, or replace the same with a like or similar part or parts at no expense to BUYER. BUYER shall be responsible for all transportation charges. If the component fails, for any reason, to comply with any purchase order, SELLER may, at its sole discretionoption, determines that such claim is validremove the component at its own expense and in full and final discharge of liability, Seller’s entire liability and sole obligation and the exclusive remedy for breach refund to BUYER all sums which shall have been paid by BUYER on account of the foregoing warrantypurchase price named herein. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL, will beSPECIAL, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either LIQUIDATED NOR COMPENSATORY DAMAGES OF A COMMERCIAL NATURE. The repair or replacement of such goodsdefective part or parts by SELLER shall constitute the sole remedy of BUYER and the sole liability of SELLER whether on warranty, contract or negligence. Upon expiration of such warranty period or in the event such goods are subjected to misuse, negligence, alteration, improper use or operated contrary to SELLER’S printed instructions; all liability of SELLER shall cease, when any alterations, modifications, changes, adjustments, conversions, transformations to the product for what it was intended for – of any kind, immediately nullifies all previous warranties to the original equipment. The warranties provided and the obligations and liabilities of SELLER hereunder, and Seller will be responsible the rights and remedies of BUYER hereunder are exclusive and in substitution for, and BUYER hereby waives, all other warranties, guarantees, obligations, claims for liabilities, rights and remedies, express or implied, arising by law or otherwise, including but limited to the cost implied warranty of shipping the parts to repair merchantability and fitness for purpose. The forgoing warranty is exclusive and in lieu of all warranties, express or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and implied including the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier merchantability and route of shipment fitness for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodspurpose.

Warranty. Seller warrants to BuyerFor the earlier of twelve (12) months from installation of the products or goods, for a period of one year after the date of shipment or eighteen (18) months from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as delivery of the date of shipment of Goods (the goods“Warranty Period”), Seller warrants that the goods which Seller delivers will be new (unless otherwise specified), and conform to the description stated in the PO. If, after Seller receives written noticeduring the Warranty Period, within Buyer finds defects or non- conformances (“Defects” or “Defective Goods”) with the period for the foregoing warranty, that any products or goods allegedly do not meet Seller’s applicable specification, and provided by Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt Buyer shall give prompt written notice to Seller of such noticealleged Defects and allow Seller to inspect and/or test the products or goods alleged to have a Defect, at Seller’s optioncost and expense. If, either during the Warranty period, any of the products or goods are determined to have a Defect, Seller shall, in its reasonable discretion, promptly repair or replace, without cost to Buyer, any Defective Goods. Alternatively, Defective Goods may be rejected and returned by Buyer within the Warranty Period, at Seller’s risk and expense. Seller shall have no obligation to repair, replace, or accept rejected goods that do not contain a Defect. Seller shall have no obligations or liability, warranty or otherwise, with respect to Buyer-provided property, items, goods, or other work. Excluding actions or inactions by Seller, the warranty set forth herein shall not apply to defects resulting from the failure to store, install, operate, maintain (including replacement of such goodsconsumable items or wear components), inspect and/or lubricate the goods in accordance with written manuals, if any, or from improper use, or abuse of the goods or work by Buyer, Buyer’s end customer, or any third party. Normal wear and Seller tear and misuse by Buyer, Buyer’s customer, its or their employees, representatives, contractors of any tier, agents and third parties are excluded from the warranty herein. No substitution of any goods will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goodsmade without Buyer's written approval. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationTHE WARRANTIES HEREIN PROVIDE THE SOLE AND EXCLUSIVE REMEDIES FOR ALL CLAIMS BASED ON THE FAILURE OF, including the meansDEFECT IN OR NON-CONFORMANCES WITH THE SERVICES AND MATERIALS, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsIF ANY, REGARDLESS OF WHEN THE FAILURE, DEFECT OR NON-CONFORMANCE ARISES, AND WHETHER A CLAIM, HOWEVER, DESCRIBED, IS BASED ON CONTRACT, WARRANTY, INDEMNITY, TORT/EXTRA-CONTRACTUAL LIAIBLITY (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODSAS SET FORTH HEREIN, SELLER MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERWARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED THE WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM PURPOSE, COURSE OF DEALING DEALING, USAGE, OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsTRADE PRACTICE.

Warranty. Seller Company warrants to Buyerthat any product supplied under purchase orders issued by Buyer and accepted by Company, where properly used, stored and maintained, and if properly assembled and installed, shall be free from defects in workmanship and material for a period of one year 12 months after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as delivery of the date of shipment products. Buyer shall give Company, within ten (10) days of the goodsdiscovery of any warranty claim, written notice of the claimed defect and satisfactory proof thereof. If, after Seller receives written noticeCompany shall, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach ten (10) days of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such noticethe returned Product, at Seller’s optionprovide Buyer with written notice of the results of investigation and, either if subject to repair or replacement of such goodsunder the warranty, and Seller will be responsible for the cost of shipping the parts scheduled reworked or replaced product delivery schedule. Company's warranty does not extend to repair (i) any damage or the unit loss due to replace the defective goods. Refurbished goods may be used misuse, accident, disaster, abuse, neglect, normal wear, or damage or loss due to repair work not performed by Company or replace the goods and the warranty on such its contractors, (ii) damage or loss caused by a Product that has been repaired or replaced goods shall be the balance altered by Buyer or a third party without Company's prior written approval, or (iii) defects arising out of the warranty remaining on the goods which were repaired data, drawings, specifications or replacedinstructions furnished by Buyer. Buyer waives any claim to any goods which were replaced or the components therein which were replacedCOMPANY'S OBLIGATION AND BUYER'S EXCLUSIVE REMEDY UNDER THIS WARRANTY SHALL BE LIMITED TO REPAIR OR REPLACEMENT BY COMPANY AT ITS COST OF THE PRODUCTS THAT PROVE DEFECTIVE WITHIN THE APPLICABLE WARRANTY PERIOD OR, AT COMPANY’S DISCRETION, A REFUND OF THE PURCHASE PRICE OF SUCH DEFECTIVE PRODUCTS. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materialsREPLACEMENT PRODUCTS ARE WARRANTED ONLY FOR THE REMAINING WARRANTY PERIOD OF THE ORIGINAL PRODUCT. EXCEPT FOR SELLER’S AS EXPRESSLY PROVIDED HEREIN, COMPANY MAKES NO REPRESENTATION OR WARRANTY OF TITLE ANY KIND, EXPRESS OR IMPLIED, AS TO THE GOODSMERCHANTABILITY, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsPRODUCTS.

Warranty. Seller warrants the products manufactured by it to Buyerbe free from defects in title, for a period material and workmanship. The extent of one year after the date of shipment from Seller’s plant, that all goods sold 's obligation hereunder is to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement replace its nonconforming products, EXW Seller's plant, if returned within twelve (12) months after date of such goods, and Seller delivery. No allowance will be responsible granted for repairs or alterations made by Buyer without Seller's written approval. The warranty shall not be construed to cover the cost of shipping the parts to repair any work done by Buyer on material furnished by Seller or the unit cost of removal or installation of product. Products and parts not manufactured by Seller are warranted only to replace the defective goodsextent and in the manner that the same are warranted to Seller by Seller's vendors and then only to the extent Seller is able to enforce such warranty. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replacedTHE FOREGOING STATES THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY SELLER TO BUYER AND THERE ARE NO OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED IN FACT OR BY LAW. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY THE WARRANTIES STATED HEREIN ARE IN LIEU OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERWARRANTIES, WRITTEN OR VERBAL, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WHICH ARE HEREBY DISCLAIMED. SELLER’S WARRANTY DOES NOT APPLY TO ANY GOODS WHICH HAVE BEEN SUBJECTED TO MISUSE, MISHANDLING, MISAPPLICATION, NEGLECT, (INCLUDING BUT NOT LIMITED TO USE OF UNAUTHORIZED PARTS OR THE NON-INFRINGEMENT ATTACHMENTS), OR ADJUSTMENT OR REPAIR PERFORMED BY ANYONE OTHER THAN SELLER OR ONE OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsSELLER’S AUTHORIZED AGENTS.

Warranty. Seller Teradici warrants to BuyerLicensee that the Licensed Product (other than any Licensed Product specifically licensed for evaluation purposes) will, for a period of one year after Thirty (30) days following delivery (“Warranty Period”), substantially conform to the date of shipment from Seller’s plantapplicable Documentation, provided that the Licensed Product (a) has been properly installed and used at all goods sold to Buyer under these terms shall meet their times and in accordance with the applicable specification Documentation; and (b) has not been modified by persons other than Teradici or its authorized representative. Teradici will, at its own expense and as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the Licensee exclusive remedy for any breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goodsapplicable Licensed Product or correct any reproducible error in the Licensed Product reported to Teradici by Licensee in writing during the Warranty Period. Refurbished goods may be used If Teradici determines that it is unable to repair correct the error or replace the goods Licensed Product, Teradici will refund to Licensee all License fees actually paid by Licensee, in which case the License for the applicable Licensed Product and the warranty on Licensee right to use such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replacedLicensed Product will terminate. Buyer waives any claim to any goods which were replaced or the components therein which were replacedLimited Warranty and Disclaimer. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationTHE EXPRESS WARRANTY IN SECTION 7 ABOVE IS IN LIEU OF, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE AND TO THE GOODSMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER EXPRESSLY DISCLAIMS TERADICI AND EXCLUDES ITS LICENSORS DISCLAIM, ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVERWARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPERFORMANCE REGARDING OR RELATING TO THE LICENSED PRODUCT, CUSTOM THE DOCUMENTATION, OR USAGE OF TRADEANY MATERIALS FURNISHED OR PROVIDED TO LICENSEE UNDER THIS XXXX. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsTERADICI AND ITS LICENSORS DO NOT WARRANT THAT THE LICENSED PRODUCT WILL OPERATE UNINTERRUPTED OR THAT IT WILL BE FREE FROM DEFECTS OR THAT THE LICENSED PRODUCT WILL MEET (OR IS DESIGNED TO MEET) LICENSEE’S BUSINESS REQUIREMENTS.

Warranty. Seller warrants to Buyer, for a period of one year after A. Builder will provide warranty coverage on the date of shipment from Seller’s plant, that all goods sold Improvements to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging pursuant to the attached and labeling materials published as of the date of shipment of the goodsincorporated Express Limited Home Warranty. IfBUILDER AGREES TO COMPLY WITH THE EXPRESS LIMITED HOME WARRANTY AS ITS EXPRESS CONTRACTUAL WARRANTY. UNLESS BUILDER HAS ALSO ELECTED TO PROVIDE A THIRD-PARTY WARRANTY, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S BUILDER AND BUYER AGREE THAT THE EXPRESS LIMITED HOME WARRANTY CONSTITUTES THE EXCLUSIVE WARRANTY TO BE MADE AVAILABLE BY BUILDER AND IS IN PLACE OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES SUPERSEDES AND PRECLUDES ALL OTHER GUARANTIES OR WARRANTIES, EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM WORKMANSHIP, REPAIR, MODIFICATION, MERCHANTABILITY, SUITABILITY AND FITNESS. ANY AND ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED BY BUILDER AND WAIVED BY BUYER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF GOOD AND WORKMANLIKE REPAIR OR USAGE MODIFICATION OF TRADEEXISTING TANGIBLE GOODS OR PROPERTY AND THE IMPLIED WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION. Seller’s obligations THE PARTIES AGREE THAT THE EXPRESS LIMITED HOME WARRANTY AND THIRD-PARTY WARRANTY, IF APPLICABLE, ADEQUATELY SET FORTH THE MANNER, PERFORMANCE, AND QUALITY OF THE CONSTRUCTION OF THE HOME AND IMPROVEMENTS AND SERVICES TO BE PERFORMED. Xxxxx acknowledges, understands, and agrees that the terms of the Express Limited Home Warranty and Third-Party Warranty, if applicable, are clear, specific, and sufficiently detailed to establish the only standards of construction performance or service that Builder or Warrantor are obligated to meet. The Parties agree that this Express Limited Home Warranty will control any warranty, workmanship, material, or any other defect claims regarding the Property or Improvements. For items in need of repair under the Express Limited Home Warranty, the Parties agree that Builder shall have the sole right to determine the means, method, and manner of repair to be implemented. In the event that the Express Limited Home Warranty or the Third-Party Warranty do not cover defects specify a building or losses caused by normal wear performance standard for the identified item, the usual and tear customary industry standards for similar improvements in the geographic region shall govern. In short, the Express Limited Home Warranty provides warranty coverage on the Improvements for one (1) year for workmanship and materials, two (2) years for plumbing, electrical, heating, and air-conditioning delivery systems, and ten (10) years for major structural components of the Improvements. Under no circumstance is any landscaping, whether currently existing trees, plants, or deteriorationgrass on the subject property, defects in or damage to any goods resulting from improper installation, accident or any utilizationof those installed by Builder, maintenance, repair warranted by the Express Limited Home Warranty or modification any other warranty. Builder and Buyer agree that no warranty of any kind exists on landscaping in consideration for issuance of the goods that Express Limited Home Warranty and any Third-Party Warranty. It is not consistent with Seller’s instructions or incumbent upon the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof Buyer to properly maintain and care for any landscaping. The Express Limited Home Warranty is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused incorporated by connections, interfacing or use in unforeseen or unintended environmentsreference as if fully copied and set forth herein. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goods.■

Warranty. Seller All materials and equipment incorporated into the WORK under this CONTRACT shall be new and of the most suitable grade of their respective kinds for their intended uses unless otherwise specified. All workmanship shall be in accordance with sound construction practices acceptable to the OWNER'S Technical Representatives. CONTRACTOR warrants to Buyerall materials, equipment and labor it furnishes or performs under this CONTRACT against defects in design, materials, and workmanship for a period of one year Twelve (12) months after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as acceptance of the date of shipment Project as a whole by OWNER, unless a longer period is specified elsewhere in this CONTRACT. If at any time prior to the expiration of the goods. Ifwarranty period, after Seller receives CONTRACTOR, BECHTEL or OWNER discovers any defect in such design, materials, equipment or workmanship, CONTRACTOR shall, upon written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, notice from BECHTEL or OWNER given within a reasonable time after Seller’s receipt discovery, correct such defects to the satisfaction of BECHTEL or OWNER by redesigning, repairing or replacing the defective work at a time acceptable to BECHTEL or OWNER. All costs incidental to Contract 22352-CWL Exhibit "A" Page Number 13 12 September 1994 19 GC-38 WARRANTY (Continued) such corrective action including access, removal, disassembly, reinstallation, reconstruction, retesting and reinspection as may be necessary to correct the defect or demonstrate that the previously defective WORK conforms to the requirements of this CONTRACT shall be borne by CONTRACTOR. CONTRACTOR further warrants any and all corrective action against defects in design, materials, and workmanship for a period of twelve (12) months, or longer period as specified, following acceptance by BECHTEL or OWNER of the corrected work. GC-39 BACKCHARGES If, under the provisions of this CONTRACT, CONTRACTOR is notified by BECHTEL to correct defective or nonconforming work, and CONTRACTOR states or by its actions indicates that it is unable or unwilling to proceed with corrective action in a reasonable time, BECHTEL or OWNER may, upon written notice, at Seller’s optionproceed with or cause to accomplish the redesign, either repair repair, rework or replacement of such goods, nonconforming work by the most expeditious means available and Seller will be responsible backcharge CONTRACTOR for the costs incurred. Furthermore, if BECHTEL or OWNER agrees to or is required to perform WORK or cause the WORK to be performed for CONTRACTOR, such as cleanup, off-loading or completion of incomplete WORK, BECHTEL or OWNER may, upon written notice, perform such WORK by the most expeditious means available and backcharge CONTRACTOR for the costs incurred. The cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods backcharge WORK shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goods.include:

Warranty. Subject to below section 18, Limitations of Liability, Seller warrants the ECS sold by Seller to Buyer, be free from defects in material and workmanship under normal use and service for a period of one year after [**] ([**]) months from the date the ECS are put into service (but in case of PM 3000 it will be [**] months) or [**] ([**]) months from the date of shipment from delivery, whichever occurs first, on the condition that payment as provided in Articles 1, 2 of Article 3.1 is made and received in full and without delay. Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the Buyer’s exclusive remedy under this warranty shall be for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s optionits sole choice, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace parts proven to be defective within the goods stated warranty period. Repair or replacement of parts under this warranty shall be done on DDP AMSC India basis. Title and risk of loss or damage of ECS sets replaced under warranty passes to Buyer in accordance with the Contract as agreed between Seller and Buyer. If Seller determine that the ECS sets for which Xxxxx has requested warranty on service is not eligible for warranty service for any reason, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at Seller’s then prevailing time and materials rates. The warranty for any repaired or replaced goods parts shall be the balance of the [**]warranty remaining on the goods which were period. Exclusions from Warranty - This warranty shall not apply to: ECS that have been repaired or replacedaltered other than by Seller in any way so as, in Seller’s judgment, to affect its reliability; ECS which have been subject to misuse, negligence, or accident, or operating manual instructions/recommendations have not been followed; ECS for which recommended preventative maintenance has not been followed; material defects caused by normal wear; or equipment that is experimental, developmental or supplied for evaluation purposes. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationTHE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES BY SELLER, including the meansEXPRESSED OR IMPLIED, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S ORAL OR WRITTEN, INCLUDING, BUT NOTLIMITED TO, ANY WARRANTY OF TITLE TO THE GOODSMERCHANTABILITY, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsNONINFRINGEMENT.

Warranty. Seller 10.1. Vendor warrants Goods of its own manufacture or that ft it has remanufactured to Buyerbe free from defects in design, materials and workmanship under normal use and service for a period of one year after from shipment to the date end user. THIS WARRANTY EXTENDS ONLY TO PURCHASER, AND IN NO EVENT SHALL VENDOR BE LIABLE FOR PROPERTY DAMAGE SUSTAINED BY A PERSON DESIGNATED BY THE LAW OF ANY JURISDICTION AS A THIRD PARTY BENEFICIARY OF THIS WARRANTY OR ANY OTHER WARRANTY HELD TO SURVIVE VENDOR'S DISCLAIMER. Replacement parts provided under the terms of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period this warranty are warranted for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance remainder of the warranty remaining period applicable to the Goods, as if such parts were original components of the Goods. This warranty does not extend (i) to normal wear and tear, improper treatment, servicing faults or improper use, (ii) to equipment, materials, parts and accessories manufactured by others and PURCHASER AGREES THAT IT MUST RELY SOLELY ON THE MANUFACTURERS' WARRANTIES APPLICABLE TO SAID EQUIPMENT, MATERIALS, PARTS AND ACCESSORIES AND THAT IT SHALL HAVE NO REMEDY AGAINST THE COMPANY FOR BREACH OF ANOTHER MANUFACTURER'S WARRANTY, or (iii) to design errors in Goods manufactured by Vendor to a design of Purchaser. This warranty shall be NULL AND VOID iff any repairs, modifications or alternations are made to the Goods supplied hereunder during the warranty period by Purchaser or by others on its behalf without the goods which were repaired prior written consent of Vendor or replacediff the Goods are not operated and maintained within Vendors recommendations for use. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S THE WARRANTY DESCRIBED IN THIS PARAGRAPH SHALL BE IN LIEU OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADEPURPOSE. Seller’s obligations do NO WARRANTY IS GIVEN BY VENDOR THAT EXTENDS BEYOND THOSE SET FORTH ABOVE. Vendor reserves the right to make structural and design modifications to the Goods which are not cover defects given Vendors documentation so as to keep abreast of technical innovations or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of improve the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsGoods without impairing their value.

Warranty. Seller warrants only that each Product will meet specifications designated as such in the Contract but reserves the right to Buyer, for a period of one year after change the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair specifications or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery properties of any allegedly defective goods returned to it without its prior authorizationProduct at any time on at least thirty (30) days’ notice. SELLER MAKES NO OTHER WARRANTIES REGARDING THE PRODUCT, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY WHETHER OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, MERCHANTABILITY, OR OTHERWISE, AND NONE WILL BE IMPLIED. FURTHER, SELLER MAKES NO REPRESENTATIONS AND ASSUMES NO RESPONSIBILITY WHATSOEVER WITH RESPECT TO FREEDOM FROM INFRINGEMENT OF ANY PATENT AND/OR COPYRIGHT RESULTING FROM BUYER’S USE OF PRODUCT OR SELLER’S INFORMATION. CLAIMS. SELLER SHALL NOT BE LIABLE FOR LOSS OF PROFITS, LOSS OF PRODUCTION, INDIRECT, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF NEGLIGENCE. SELLER’S LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION ARISING OUT OF THE SALE, USE, OR NON-INFRINGEMENT DELIVERY OF THIRD PARTY INTELLECTUAL PROPERTY THE PRODUCTS OR OTHERWISE AND UNDER ANY WARRANTIES ARISING FROM COURSE WARRANTY, IS EXPRESSLY LIMITED AT BUYER’S OPTION TO REPLACEMENT OF DEALING NON-CONFORMING PRODUCT, F.O.B. SELLER’S SHIPPING POINT, OR PAYMENT NOT TO EXCEED THE PURCHASE PRICE OF PERFORMANCETHE PRODUCT FOR WHICH DAMAGES ARE CLAIMED (PLUS TRANSPORTATION COSTS, CUSTOM OR USAGE OF TRADEIF ANY, PAID BY BUYER WITH RESPECT THERETO). Buyer’s failure to give notice of any claim within thirty (30) days from the date of delivery shall constitute a waiver by Buyer of all claims with respect thereto. Use or disposition of any portion of the Products by Buyer shall constitute a waiver of all claims with respect to such portion. Buyer shall not be entitled to deduct from the price invoiced to it the amount of any claim asserted against Seller without Seller’s obligations do not cover defects or losses caused by normal wear written consent. *** Certain information on this page has been omitted and tear or deterioration, defects in or damage filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsomitted portions.

Warranty. Seller warrants to Buyer, for a that the Accessories will be free from defects in material and workmanship during the warranty period. The warranty period of one year after begins on the date of shipment commissioning, and ends 24 months from Seller’s plantthat date. If the Accessories are found by Seller to be defective, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as Seller will, at its option, repair or replace the Accessories. Engine defects are solely the responsibility of the Engine manufacturer. Seller replacement parts installed on the Product by Seller or a Seller authorized service outlet prior to the expiration of the warranty period will be covered until the original warranty period expires or 90 days after the installation date of shipment the replacement parts, whichever occurs later. Seller replacement parts installed on the Product by Seller or a Seller authorized service outlet after expiration of the goods. If, after Seller receives written notice, within the warranty period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be covered under warranty for 90 days after the installation date. This warranty does not cover repairs due to accidents, misuse, storage damage, misapplication, negligence, modification or any other damage caused by any person other than Seller. This warranty does not cover labor, shipping and material costs for Product removal and reinstallation when necessary to make a warranty repair. Seller is not responsible for the cost of shipping maintenance or repairs caused by the parts to repair failure of Buyer or the unit user to replace perform any required maintenance services or to use fuel, oil, lubricants and coolant meeting Seller’s recommended specifications. Performance of required maintenance and use of proper fuel, oil, lubricants and coolant are the responsibility of the Buyer or user. Seller does not authorize any person to assume or create for it any obligation or liability in connection with the Product other than as expressly set forth herein. Buyer must notify Seller, in writing, of any defective goodsAccessories within the warranty period for this warranty to apply to such defective Accessories. Refurbished goods may be used Seller shall have a reasonable time after receiving notice of a defective Accessory during the warranty period, to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaceddefective Accessory. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorizationSELLER MAKES NO WARRANTIES OR GUARANTEES, including the meansEXPRESS OR IMPLIED, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S INCLUDING ANY WARRANTY OF TITLE TO THE GOODSMERCHANTABILITY, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE EXPRESSLY SET FORTH ABOVE, WHICH ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO THE NON-INFRINGEMENT PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE PRODUCT, OR FOR INDEMNIFICATION OF BUYER ON ACCOUNT OF ANY WARRANTIES ARISING FROM COURSE CLAIM ASSERTED AGAINST BUYER, OR FOR ANY OTHER DAMAGE OF DEALING ANY KIND, WHETHER DIRECT OR OF PERFORMANCEINDIRECT, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodsNOT EXPRESSLY ASSUMED HEREUNDER.

Warranty. Seller Toshiba warrants to Buyer, for a period of one year after the date of shipment from Seller’s plant, that all goods sold replacement parts by Toshiba or an authorized Toshiba Dealer will be in good condition upon delivery to Buyer a retail customer, be free from defects in material and workmanship for 90 days after delivery. This warranty is void (a) if the parts are used under these terms shall meet their applicable specification other than normal use and maintenance conditions, (b) if the maintenance as may be set forth in Seller’s product Toshiba maintenance literature and/or packaging is not performed, (c) if the parts are modified or altered, unless the modification or alteration is expressly authorized by Toshiba, (d) if the parts are subject to abuse, neglect or accident, (e) if the parts are replaced by someone other than Toshiba or an authorized Toshiba Dealer, or (f) if the customer uses non-Toshiba supplies and labeling materials published as such supplies cause abnormal service calls or are unacceptable for use with the parts or are defective. The sole obligation of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing Toshiba or Toshiba Tec Corporation under this warranty, that or under any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim other legal obligation with respect to any replacement parts provided by Toshiba is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement with new or re-manufactured parts (at Toshiba’ option), of such goodsdefective parts. If the parts are not replaced or repaired, the sole remedy will be a refund of the selling price of such parts as are proven to be defective, and Seller will be responsible for the cost of shipping the parts which are returned to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and Toshiba within the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such returnperiod. Under no circumstances will credit any purchaser, user, or other person be allowed entitled to any direct, special, indirect or consequential damages for unauthorized rework on breach of contract, tort or otherwise. Under no circumstances will any materialssuch person be entitled to any sum greater than the purchase price paid for the parts. EXCEPT FOR SELLER’S WARRANTY THERE ARE NO OTHER WARRANTIES FROM EITHER TOSHIBA AMERICA BUSINESS SOLUTIONS, INC. OR TOSHIBA TEC CORPORATION, WHICH EXTEND BEYOND THE FACE OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES THIS WARRANTY. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED WARRANTIES WHATSOEVEROR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED THE WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCEFITNESS FOR USE, CUSTOM OR USAGE OF TRADEARE EXCLUDED. Seller’s obligations do not cover defects No Toshiba Dealer and no person other than an officer of Toshiba may extend this warranty, nor may they modify it in any respect. No modification or losses caused extension is effective unless it is in writing. This warranty covers only products sold by normal wear Toshiba and tear or deteriorationauthorized Toshiba Dealers. For products purchased in Canada, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification please contact the local authorized TCL (Toshiba of Canada Limited) Dealer for details of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to any user manual for the goodswarranty.