Common use of Disclaimers and Limitations Clause in Contracts

Disclaimers and Limitations. Purchaser expressly acknowledges that there exist no warranties or representations of Seller, expressed or implied, other than those expressly set forth in the Closing Documents or in this Agreement, and Seller has no obligation to determine whether there are any material matters that should be disclosed to Purchaser to the extent those matters have not been expressly set forth herein. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED (OTHER THAN AS EXPRESSLY SET FORTH IN THE CLOSING DOCUMENTS OR IN THIS AGREEMENT), THE PURCHASER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE CONVEYANCE OF THE PROPERTY SHALL BE MADE BY SELLER TO PURCHASER ON AN "AS IS" BASIS, AND "WITH ALL FAULTS," AND PURCHASER ACKNOWLEDGES THAT PURCHASER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASER'S RIGHT OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLER, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, ADDITIONALLY, PURCHASER HEREBY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTS, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY OR ANY PORTION THEREOF, OR WITH RESPECT TO THE ECONOMICAL, FUNCTIONAL, ENVIRONMENTAL OR PHYSICAL CONDITION, OR ANY OTHER ASPECT, OF THE PROPERTY. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING: (1) THE NATURE AND CONDITION OF THE PROPERTY OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ITS WATER, SOIL, OR GEOLOGY, OR THE SUITABILITY THEREOF FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREON, OR ANY IMPROVEMENTS PURCHASER MAY ELECT TO CONSTRUCT THEREON OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE SAME; (2) THE ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ON, IN OR UNDER THE PROPERTY OR ON, IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3) THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE IMPROVEMENTS ON THE PROPERTY; (4) THE NATURE, EXTENT OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCES, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING TO THE PROPERTY, OR PORTION THEREOF; AND (5) THE COMPLIANCE OF THE PROPERTY OR THE OPERATION OF THE PROPERTY OR PORTION THEREOF WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY. THE PROVISIONS OF THIS PARAGRAPH 18 SHALL SURVIVE THE EXECUTION AND DELIVER OF THE DEED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT. Purchaser hereby waives and releases Seller, Seller's Affiliates, representatives, agents and employees from any present or future claims (hereinafter referred to as the "Claims") arising from or relating to the presence or alleged presence of hazardous substances in, on, under or about the Property, including, without limitation, any claims under or on account of (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind, or (ii) this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulations.

Disclaimers and Limitations. Purchaser expressly acknowledges that there exist no warranties or representations of Seller, expressed or implied, other than those expressly set forth in the Closing Documents or in this Agreement, and Seller has no obligation to determine whether there are any material matters that should be disclosed to Purchaser to the extent those matters have not been expressly set forth herein. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED MAXIMUM EXTENT PERMITTED BY LAW, ANYTHING (OTHER THAN AS EXPRESSLY SET FORTH E.G. INCLUDING BUT NOT LIMITED TO THE PRODUCT) PROVIDED BY SD IN THE CLOSING DOCUMENTS OR IN RELATION TO THIS AGREEMENT), THE PURCHASER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE CONVEYANCE OF THE PROPERTY SHALL BE MADE BY SELLER TO PURCHASER ON AN "AGREEMENT IS PROVIDED “AS IS" BASIS”, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, AND "WITH SD HEREBY EXPRESSLY DISCLAIMS ALL FAULTS," AND PURCHASER ACKNOWLEDGES THAT PURCHASER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASER'S RIGHT WARRANTIES, IRRESPECTIVE OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLERWHETHER EXPRESS, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, ADDITIONALLY, PURCHASER HEREBY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTS, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR STATUTORY, ARISING BY OPERATION OF LAWCUSTOM OR TRADE USAGE OR OTHERWISE, INCLUDING FOR EXAMPLE BUT IN NO WAY NOT LIMITED TOTO (A) WARRANTIES OF NON-INFRINGEMENT, ANY WARRANTY (B) IMPLIED WARRANTIES OF CONDITION, HABITABILITY, MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY PURPOSE, AND (C) WARRANTIES THAT ANY MATERIAL OR ANY PORTION THEREOF, OR WITH RESPECT TO THE ECONOMICAL, FUNCTIONAL, ENVIRONMENTAL OR PHYSICAL CONDITION, OR ANY OTHER ASPECT, OF THE PROPERTY. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING: SERVICE (1) THE NATURE AND CONDITION OF THE PROPERTY OR ANY PART THEREOF, E.G. INCLUDING BUT NOT LIMITED TOTO THE PRODUCT) WILL (I) MEET THE REQUIREMENTS OF LICENSEE, ITS WATER(II) OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY LICENSEE, SOILAND (III) OPERATE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SD SHALL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND. IN NO EVENT SHALL SD'S AGGREGATE LIABILITY UNDER THIS AGREEMENT, OR GEOLOGY, OR THE SUITABILITY THEREOF FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREON, OR ANY IMPROVEMENTS PURCHASER MAY ELECT TO CONSTRUCT THEREON OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO THE PRODUCT, EXCEED ALLl AMOUNTS PAID BY LICENSEE TO SD DURING THE PERIOD IN WHICH EVENTS GIVING RISE TO SUCH LIABILITY OCCURRED, IRRESPECTIVE OF LEGAL THEORY (E.G. TORT, CONTRACT OR AFFECTING THE SAME; (2) THE ABSENCE OTHERWISE). A REFUND OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ON, IN OR SUCH AMOUNTS SHALL BE LICENSEE’S EXCLUSIVE REMEDY UNDER THE PROPERTY OR ON, IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3) THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE IMPROVEMENTS ON THE PROPERTY; (4) THE NATURE, EXTENT OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCES, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING TO THE PROPERTY, OR PORTION THEREOF; AND (5) THE COMPLIANCE OF THE PROPERTY OR THE OPERATION OF THE PROPERTY OR PORTION THEREOF WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODYTHIS AGREEMENT. THE ALL PROVISIONS OF THIS PARAGRAPH 18 SHALL SURVIVE THE EXECUTION SECTION VI ARE A MATERIAL CONDITION OF (AND DELIVER OF THE DEED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY CONSIDERATION FOR) THIS AGREEMENT. Purchaser hereby waives and releases Seller, Seller's Affiliates, representatives, agents and employees from any present or future claims (hereinafter referred to as the "Claims") arising from or relating to the presence or alleged presence of hazardous substances in, on, under or about the Property, including, without limitation, any claims under or on account of (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind, or (ii) this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulations.

Disclaimers and Limitations. Purchaser Buyer expressly acknowledges that there exist no warranties or representations of Seller, expressed or implied, other than those expressly set forth in the Closing Documents or in SECTION 9.1 of this Agreement, and Seller has no obligation to determine whether there are any material matters that should be disclosed to Purchaser Buyer to the extent those matters have not been expressly set forth herein. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED (OTHER THAN AS EXPRESSLY SET FORTH IN THE CLOSING DOCUMENTS OR IN SECTION 9.1 OF THIS AGREEMENT), THE PURCHASER BUYER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE CONVEYANCE OF THE PROPERTY SHALL BE MADE BY SELLER TO PURCHASER BUYER ON AN "AS IS, WHERE IS" BASIS, AND "WITH ALL FAULTS," AND PURCHASER BUYER ACKNOWLEDGES THAT PURCHASER BUYER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASERBUYER'S RIGHT OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER BUYER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLER, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, HEREIN. ADDITIONALLY, PURCHASER BUYER HEREBY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTSHEREIN, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY OR ANY PORTION THEREOF, OR WITH RESPECT TO THE ECONOMICAL, FUNCTIONAL, ENVIRONMENTAL OR PHYSICAL CONDITION, OR ANY OTHER ASPECT, OF THE PROPERTY. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTSHEREIN, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING: (1I) THE NATURE AND CONDITION OF THE PROPERTY OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ITS WATER, SOIL, OR GEOLOGY, OR THE SUITABILITY THEREOF FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER BUYER MAY ELECT TO CONDUCT THEREON, OR ANY IMPROVEMENTS PURCHASER BUYER MAY ELECT TO CONSTRUCT THEREON OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE SAME; (2II) THE ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ON, IN OR UNDER THE PROPERTY OR ON, IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3III) THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE IMPROVEMENTS ON THE PROPERTY; (4IV) THE NATURE, EXTENT OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCESENCUMBRANCE, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING TO THE PROPERTY, OR PORTION THEREOF; AND (5V) THE COMPLIANCE OF THE PROPERTY OR THE OPERATION OF THE PROPERTY OR PORTION THEREOF WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY. THE PROVISIONS OF THIS PARAGRAPH 18 SECTION 9.5 SHALL SURVIVE THE EXECUTION AND DELIVER DELIVERY OF THE DEED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT. Purchaser Buyer hereby waives and releases Seller, Seller's Affiliates, representatives, agents and employees from any present or future claims (hereinafter referred to as the "Claims") arising from or relating to the presence or alleged presence of hazardous substances in, on, under or about the Property, Property including, without limitation, any claims under or on account of (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local statutes, and any regulations promulgated thereunder, (ii) any other federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind, or (iiiii) this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulations.. The foregoing waiver set forth above shall not be deemed to be effective until the second anniversary of the Closing Date (the second anniversary of

Disclaimers and Limitations. Purchaser expressly acknowledges that there exist no warranties or representations of Seller, expressed or implied, other than those expressly set forth in the Closing Documents or in this Agreement, and Seller has no obligation to determine whether there are any material matters that should be disclosed to Purchaser to the extent those matters have not been expressly set forth herein10.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED (OTHER THAN AS WARRANTIES EXPRESSLY SET FORTH IN THE CLOSING DOCUMENTS OR STATED IN THIS AGREEMENT), AGREEMENT ARE THE PURCHASER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES SOLE AND AGREES THAT THE CONVEYANCE OF THE PROPERTY SHALL BE MADE EXCLUSIVE WARRANTIES OFFERED BY SELLER TO PURCHASER ON AN "AS IS" BASIS, AND "WITH ALL FAULTS," AND PURCHASER ACKNOWLEDGES THAT PURCHASER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASER'S RIGHT OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLER, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, ADDITIONALLY, PURCHASER HEREBY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTS, SELLER AUTHENTICA. AUTHENTICA MAKES NO WARRANTY OTHER WARRANTIES OR REPRESENTATIONREPRESENTATIONS, EXPRESS OR IMPLIED, OR ARISING BY OPERATION INCLUDING WITHOUT LIMITATION, THOSE OF LAW, INCLUDING BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SOLUTION IS PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SOLUTION OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR CUSTOMER’S PURPOSES. AUTHENTICA DOES NOT WARRANT THAT USE OF THE PROPERTY SOLUTION WILL BE ERROR-FREE OR ANY PORTION THEREOFUNINTERRUPTED. AUTHENTICA IS NOT RESPONSIBLE FOR SOFTWARE INSTALLED OR USED BY CUSTOMER OR USERS OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET. 10.2. EXCEPT WITH REGARD TO A BREACH BY CUSTOMER OF SECTIONS 5, 6, OR WITH RESPECT TO THE ECONOMICAL8 AND EITHER PARTY’S BREACH OF SECTION 11, FUNCTIONALIN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, ENVIRONMENTAL SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY TYPE OR PHYSICAL CONDITIONKIND (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS, USE OR ANY OTHER ASPECT, OF THE PROPERTYECONOMIC ADVANTAGE). 10.3. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR WITH REGARD TO CUSTOMER’S PAYMENT OBLIGATIONS AND THE OBLIGATIONS IN THE CLOSING DOCUMENTS, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING: (1) THE NATURE AND CONDITION OF THE PROPERTY OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ITS WATER, SOIL, OR GEOLOGY, OR THE SUITABILITY THEREOF FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREON, OR ANY IMPROVEMENTS PURCHASER MAY ELECT TO CONSTRUCT THEREON OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE SAME; (2) THE ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ONSECTION 11, IN OR UNDER NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE PROPERTY OR ONSUM OF FIVE HUNDRED DOLLARS ($500.00), IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3) PARTIES ACKNOWLEDGING THAT AUTHENTICA IS PROVIDING THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE IMPROVEMENTS ON THE PROPERTY; (4) THE NATURE, EXTENT OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCES, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING TO THE PROPERTY, OR PORTION THEREOF; AND (5) THE COMPLIANCE OF THE PROPERTY OR THE OPERATION OF THE PROPERTY OR PORTION THEREOF WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY. THE PROVISIONS OF THIS PARAGRAPH 18 SHALL SURVIVE THE EXECUTION AND DELIVER OF THE DEED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT. Purchaser hereby waives and releases Seller, Seller's Affiliates, representatives, agents and employees from any present or future claims (hereinafter referred to as the "Claims") arising from or relating to the presence or alleged presence of hazardous substances in, on, under or about the Property, including, without limitation, any claims under or on account of (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind, or (ii) this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulationsSOLUTION FOR NO CHARGE.

Disclaimers and Limitations. Purchaser expressly acknowledges that there exist no warranties or representations of Seller, expressed or implied, other than those expressly set forth in the Closing Documents or in this Agreement, and Seller has no obligation to determine whether there are any material matters that should be disclosed to Purchaser to the extent those matters have not been expressly set forth herein16.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED (OTHER THAN AS WARRANTIES EXPRESSLY SET FORTH IN THE CLOSING DOCUMENTS OR STATED IN THIS AGREEMENT), AGREEMENT ARE THE PURCHASER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES SOLE AND AGREES THAT THE CONVEYANCE OF THE PROPERTY SHALL BE MADE EXCLUSIVE WARRANTIES OFFERED BY SELLER TO PURCHASER ON AN "AS IS" BASIS, AND "WITH ALL FAULTS," AND PURCHASER ACKNOWLEDGES THAT PURCHASER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASER'S RIGHT OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS US. THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLER, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, ADDITIONALLY, PURCHASER HEREBY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTS, SELLER MAKES NO WARRANTY OR REPRESENTATIONREPRESENTATIONS, EXPRESS OR IMPLIED, OR ARISING BY OPERATION INCLUDING WITHOUT LIMITATION, THOSE OF LAW, INCLUDING BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, EXCEPT AS STATED IN SECTIONS 4.4, 12, 13 AND 14 ABOVE, THE SERVICE, THE SOFTWARE AND OUR CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. WE DO NOT WARRANT THAT USE OF THE PROPERTY SYSTEM OR SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. WE ARE NOT RESPONSIBLE FOR SOFTWARE INSTALLED OR USED BY YOU OR USERS OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET. 16.2. IN NO EVENT SHALL WE, OUR AFFILIATED COMPANIES, OR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY PORTION THEREOFTHIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF USE, PROFITS, DATA OR BUSINESS, ARISING IN ANY WAY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT, OR WITH RESPECT TO THE ECONOMICALSITE OR SERVICE, FUNCTIONALAND REGARDLESS OF THE FORM OF ACTION, ENVIRONMENTAL EVEN IF WE OR PHYSICAL CONDITIONSUCH OTHER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 16.3. IN NO EVENT SHALL WE, OUR AFFILIATED COMPANIES, OR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER ASPECTTHIRD PARTY FOR ANY DAMAGES, LOSSES OR LIABILITIES ARISING IN ANY WAY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT, OR WITH THE SITE OR SERVICE, REGARDLESS OF THE PROPERTY. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN FORM OF ACTION, IN AN AMOUNT WHICH IS GREATER THAN THE AMOUNT PAID BY YOU TO US FOR THE SITE OR IN SERVICE DURING THE CLOSING DOCUMENTS, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING: (1) THE NATURE AND CONDITION OF THE PROPERTY OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ITS WATER, SOIL, OR GEOLOGY, OR THE SUITABILITY THEREOF FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREON, OR ANY IMPROVEMENTS PURCHASER MAY ELECT TO CONSTRUCT THEREON OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE SAME; TWO (2) THE ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ON, IN OR UNDER THE PROPERTY OR ON, IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3) THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE IMPROVEMENTS ON THE PROPERTY; (4) THE NATURE, EXTENT OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCES, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING MONTH PERIOD PRIOR TO THE PROPERTYDATE THE CAUSE OF ACTION AROSE. 16.4. The Service may include gateways, links or other functionality that allow You and/or Users to access third party services (“Third Party Service”) and/or third party content and materials (“Third Party Materials”). We do not supply and are not responsible for any Third Party Service or Third Party Materials, which may be subject to their own licenses, end-user agreements, privacy and security policies, and/or terms of use. WE MAKE NO WARRANTY AS TO THIRD PARTY SERVICES OR PORTION THEREOF; AND (5) THE COMPLIANCE OF THE PROPERTY OR THE OPERATION OF THE PROPERTY OR PORTION THEREOF WITH ANY LAWSTHIRD PARTY MATERIALS. 16.5. There is no employment, RULEScontractor, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODYagency, partnership, joint venture, representative or fiduciary relationship between Us and You of any kind and We shall have no liability or responsibility of any kind for Your and/or Users’ acts, errors or omissions, including without limitation, fraud, negligence, breach of contract, quality of services, non-compliance with applicable laws, infringements, or criminal or tortious acts or omissions, whether same take place on the Site or offline. THE PROVISIONS OF THIS PARAGRAPH 18 SHALL SURVIVE THE EXECUTION AND DELIVER OF THE DEED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENTAlthough We provide rules for Your Content and Your conduct, We do not control User behavior or Your Content, and have no liability for the posting, removal, or failure to post or remove Your Content on or from the Site or for the discontinuation or failure to discontinue access of any User to the Site. Purchaser hereby waives Although We prohibit certain activities in this Agreement, We do not control and releases SellerWe take no responsibility or liability for any of Your Content or the content of any other User, Seller's Affiliatesor for any loss or damage thereto. Your use of the Site is at Your own risk. 16.6. We assume no responsibility for the selection of the Site or Service to achieve any intended purpose, representatives, agents or for the results of the Service or of any transactions between Users of the Site or between Users and employees from third parties offering or selling products or services through links on the Site. We do not make any present or future claims (hereinafter referred to warranties as the "Claims") arising from accuracy, completeness or relating reliability of any content on the Site, whether provided by Us, other Users, or any third parties, or that such content is up to date. We do not make any representations as to the presence identity or alleged presence reliability of hazardous substances inany party, onincluding any other User. 16.7. The Site or Service may be unavailable from time to time for maintenance or other reasons. We do not warrant that the Site or Service will be uninterrupted, error free, secure, or free of viruses or other harmful code, files, or mechanisms. We disclaim all liability or responsibility for any damage, loss of data, errors, delays, malfunctions, or failures of any computers, devices, equipment, property, or services resulting directly or indirectly from access to the Site or Service. 16.8. We endeavor to use reasonable security measures to protect against unauthorized access to Your account. We cannot, however, guarantee absolute security of Your account, Your Tenancy or Your Content, and We cannot promise that Our security measures will prevent unauthorized or illegal access to the Service, the Site or its contents. 16.9. We are not and will not be deemed to be involved in any way in any communications, contracts, or transactions between You and Your customers or any third party, as a party, agent, representative, or otherwise. You acknowledge that We have no control over, and no liability for, the quality or results of the services You or others provide through use of the Service. We do not independently investigate or evaluate the skills, education, experience, background, or financial circumstances of any User. 16.10. You agree (i) that You are responsible for Your performance of any obligations You may have to Your customers and that We have no obligation to Your customers; and (ii) that Your customers are not third party beneficiaries under this Agreement. 16.11. Unauthorized Use may constitute infringement of Our intellectual property rights. In the event that You or about any User authorized by You violate Our intellectual property rights, You acknowledge and agree You are liable for actual damages, statutory damages, reasonable attorney fees, lost profits, diminution of value of the Propertysoftware, lost license fees, any or all of the aforementioned, including, without limitation, any claims under or on account but not limited to all other costs and expenses incurred by Us for the loss according to law. You acknowledge and agree that in the event of (i) a breach of this Agreement by unauthorized Use of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local law, ordinance, rule or regulation, now or hereafter in effectService, that deals with or otherwise in any manner relates toYou will pay us as liquidated damages and not as a penalty, environmental matters an amount equal to the per word rate of any kindOne ($1.00) Dollar for each word entered into the Service, an amount You agree is reasonable under the circumstances existing at the time You subscribe. 16.12. We reserve the right to change the name You select for your Tenancy, delete Your credentials, or (ii) terminate Your subscription if We determine You have violated Section 3.5.9 of this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulations.

Disclaimers and Limitations. Purchaser expressly acknowledges that there exist no warranties a. THE WARRANTIES, RIGHTS AND REMEDIES SET FORTH IN PARAGRAPHS 10 (LIMITED WARRANTY - PRODUCTS) AND 11 (LIMITED WARRANTY - SERVICES) ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES, RIGHTS AND REMEDIES PROVIDED TO BUYER WITH RESPECT TO PRODUCTS AND SERVICES AND ARE IN LIEU OF ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, IN RELATION TO ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, COMPATIBILITY OR INTEROPERABILITY WITH OTHER PRODUCTS, ACCURACY, PERFORMANCE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. EXCEPT FOR THE LIABILITIES AND OBLIGATIONS IMPOSED ON SELLER UNDER PARAGRAPHS 10 (LIMITED WARRANTY - PRODUCTS) AND 11 (LIMITED WARRANTY - SERVICES) ABOVE, NEITHER SELLER NOR ANY OTHER ▇▇▇▇/JUN-AIR UNIT SHALL HAVE ANY LIABILITY OR OBLIGATION TO BUYER IN CONNECTION WITH THE FAILURE, IMPROPER PERFORMANCE, MALFUNCTION, INACCURACY OR NON-CONFORMANCE OF, OR ANY DEFECT OR DEFICIENCY IN, ANY b. Seller does not make, agree to or representations undertake, and does not authorize Buyer or any other person or entity to make, agree to or undertake in the name or on behalf of SellerSeller and/or another ▇▇▇▇/JUN-AIR Unit, expressed any warranty, liability, obligation, right or implied, remedy with respect to any Product or Service other than those expressly the express warranties, liabilities, obligations, rights and remedies set forth in Paragraphs 10 (Limited Warranty - Products) and 11 (Limited Warranty - Services) above. c. Statements and data relating to Products and Services on website and in promotional, marketing and technical literature and materials of Seller and/or another ▇▇▇▇/JUN-AIR Unit are not warranties. Statements and data that Seller and/or another ▇▇▇▇/JUN-AIR Unit may provide concerning performance of Products are not intended to define the Closing Documents performance of any Product under actual conditions or in this Agreementfor specific uses and applications, and should not be relied upon by Buyer and its customers in determining the fitness, suitability or appropriateness of Products for specific purposes and applications. Neither Seller has no nor any other ▇▇▇▇/JUN- AIR Unit guarantees or warrants the fitness, suitability or appropriateness of any Product for any specific purpose or application, and neither Seller nor any other ▇▇▇▇/JUN-AIR Unit shall have any liability or obligation if a Product is used for an application for which it is not fit, suited or appropriate. Buyer and its customers will have the sole responsibility for determining the fitness, suitability and appropriateness of Products for specific purposes and applications. Without in any way limiting the forgoing, Buyer and its customers assume all risks associated with the use of Products and Other Products for purposes and applications that carry the risk of death, personal injury, illness, damage to determine whether there are any material matters that should be disclosed to Purchaser to the extent those matters have not been expressly set forth herein. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED (OTHER THAN AS EXPRESSLY SET FORTH IN THE CLOSING DOCUMENTS OR IN THIS AGREEMENT), THE PURCHASER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE CONVEYANCE OF THE PROPERTY SHALL BE MADE BY SELLER TO PURCHASER ON AN "AS IS" BASIS, AND "WITH ALL FAULTS," AND PURCHASER ACKNOWLEDGES THAT PURCHASER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASER'S RIGHT OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLER, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, ADDITIONALLY, PURCHASER HEREBY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTS, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY OR ANY PORTION THEREOF, OR WITH RESPECT TO THE ECONOMICAL, FUNCTIONAL, ENVIRONMENTAL OR PHYSICAL CONDITION, OR ANY OTHER ASPECT, OF THE PROPERTY. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING: (1) THE NATURE AND CONDITION OF THE PROPERTY OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ITS WATER, SOIL, OR GEOLOGY, OR THE SUITABILITY THEREOF FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREON, OR ANY IMPROVEMENTS PURCHASER MAY ELECT TO CONSTRUCT THEREON OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE SAME; (2) THE ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ON, IN OR UNDER THE PROPERTY OR ON, IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3) THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE IMPROVEMENTS ON THE PROPERTY; (4) THE NATURE, EXTENT OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCES, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING TO THE PROPERTY, OR PORTION THEREOF; AND (5) THE COMPLIANCE OF THE PROPERTY OR THE OPERATION OF THE PROPERTY OR PORTION THEREOF WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY. THE PROVISIONS OF THIS PARAGRAPH 18 SHALL SURVIVE THE EXECUTION AND DELIVER OF THE DEED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT. Purchaser hereby waives and releases Seller, Seller's Affiliates, representatives, agents and employees from any present property or future claims (hereinafter referred to as the "Claims") arising from or relating to the presence or alleged presence of hazardous substances in, on, under or about the Propertyenvironmental harm, including, without limitation, any claims under or on account of (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates but not limited to, environmental matters of any kindmedical applications and applications involving hazardous, corrosive, or radioactive substances or systems or processes involving such substances (ii) this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulationsHigh Risk Applications").

Disclaimers and Limitations. Purchaser expressly acknowledges that there exist no warranties or representations of Seller, expressed or implied, other than those expressly set forth in the Closing Documents or in this Agreement, and Seller has no obligation to determine whether there are any material matters that should be disclosed to Purchaser to the extent those matters have not been expressly set forth herein12.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED (OTHER THAN AS WARRANTIES EXPRESSLY SET FORTH IN THE CLOSING DOCUMENTS OR STATED IN THIS AGREEMENT), AGREEMENT ARE THE PURCHASER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES SOLE AND AGREES THAT THE CONVEYANCE OF THE PROPERTY SHALL BE MADE EXCLUSIVE WARRANTIES OFFERED BY SELLER TO PURCHASER ON AN "AS IS" BASIS, AND "WITH ALL FAULTS," AND PURCHASER ACKNOWLEDGES THAT PURCHASER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASER'S RIGHT OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS CALIX. THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLER, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, ADDITIONALLY, PURCHASER HEREBY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTS, SELLER MAKES NO WARRANTY OR REPRESENTATIONREPRESENTATIONS, EXPRESS OR IMPLIED, OR ARISING BY OPERATION INCLUDING WITHOUT LIMITATION, THOSE OF LAW, INCLUDING BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. EXCEPT AS STATED IN SECTIONS 2.2 AND 10.1 ABOVE, THE SERVICE AND CALIX CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. CALIX DOES NOT WARRANT THAT USE OF THE PROPERTY SYSTEM WILL BE ERROR-FREE OR ANY PORTION THEREOFUNINTERRUPTED. CALIX IS NOT RESPONSIBLE FOR SOFTWARE INSTALLED OR USED BY YOU OR YOUR USERS (WHETHER OR NOT IN CONNECTION WITH THE SERVICE), FOR THIRD PARTY SERVICES OR MATERIALS, OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET. 12.2. IN NO EVENT WILL CALIX’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF THIS AGREEMENT EXCEED THE ECONOMICAL, FUNCTIONAL, ENVIRONMENTAL OR PHYSICAL CONDITION, OR ANY OTHER ASPECT, LICENSE FEES FOR THE 12 MONTHS IMMEDIATELY PRECEDING THE TIME OF THE PROPERTYEVENT OR CIRCUMSTANCE GIVING RISE TO SUCH CLAIM. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN IN NO EVENT WILL CALIX HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN THE CLOSING DOCUMENTS, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY CONTRACT OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING: (1) THE NATURE TORT AND CONDITION REGARDLESS OF THE PROPERTY OR ANY PART THEREOFTHEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ITS WATER, SOIL, OR GEOLOGY, OR THE SUITABILITY THEREOF FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREON, OR ANY IMPROVEMENTS PURCHASER MAY ELECT TO CONSTRUCT THEREON OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE SAME; (2) THE ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ON, IN OR UNDER THE PROPERTY OR ON, IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3) THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY EVEN IF CALIX HAS BEEN ADVISED OF THE IMPROVEMENTS ON POSSIBILITY OF SUCH DAMAGES; PROVIDED THE PROPERTY; (4) THE NATURE, EXTENT OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCES, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING FOREGOING SHALL NOT APPLY TO THE PROPERTY, OR PORTION THEREOF; AND (5) THE COMPLIANCE OF THE PROPERTY OR THE OPERATION OF THE PROPERTY OR PORTION THEREOF WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY. THE PROVISIONS OF THIS PARAGRAPH 18 SHALL SURVIVE THE EXECUTION AND DELIVER OF THE DEED EXTENT PROHIBITED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT. Purchaser hereby waives and releases Seller, Seller's Affiliates, representatives, agents and employees from any present or future claims (hereinafter referred to as the "Claims") arising from or relating to the presence or alleged presence of hazardous substances in, on, under or about the Property, including, without limitation, any claims under or on account of (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind, or (ii) this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulationsLAW.

Disclaimers and Limitations. Purchaser Buyer expressly acknowledges that there exist no warranties or representations of Seller, expressed or implied, other than those expressly set forth in the Closing Documents or in SECTION 9.1 of this Agreement, and Seller has no obligation to determine whether there are any material matters that should be disclosed to Purchaser Buyer to the extent those matters have not been expressly set forth herein. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED (OTHER THAN AS EXPRESSLY SET FORTH IN THE CLOSING DOCUMENTS OR IN SECTION 9.1 OF THIS AGREEMENT), THE PURCHASER BUYER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE CONVEYANCE OF THE PROPERTY SHALL BE MADE BY SELLER TO PURCHASER BUYER ON AN "AS IS, WHERE IS" BASIS, AND "WITH ALL FAULTS," AND PURCHASER BUYER ACKNOWLEDGES THAT PURCHASER BUYER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASERBUYER'S RIGHT OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER BUYER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLER, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, HEREIN. ADDITIONALLY, PURCHASER BUYER HEREBY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTSHEREIN, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY OR ANY PORTION THEREOF, OR WITH RESPECT TO THE ECONOMICAL, FUNCTIONAL, ENVIRONMENTAL OR PHYSICAL CONDITION, OR ANY OTHER ASPECT, OF THE PROPERTY. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTSHEREIN, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING: (1I) THE NATURE AND CONDITION OF THE PROPERTY OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ITS WATER, SOIL, OR GEOLOGY, OR THE SUITABILITY THEREOF FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER BUYER MAY ELECT TO CONDUCT THEREON, OR ANY IMPROVEMENTS PURCHASER BUYER MAY ELECT TO CONSTRUCT THEREON OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE SAME; (2II) THE ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ON, IN OR UNDER THE PROPERTY OR ON, IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3III) THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE IMPROVEMENTS ON THE PROPERTY; (4IV) THE NATURE, EXTENT OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCESENCUMBRANCE, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING TO THE PROPERTY, OR PORTION THEREOF; AND (5V) THE COMPLIANCE OF THE PROPERTY OR THE OPERATION OF THE PROPERTY OR PORTION THEREOF WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY. THE PROVISIONS OF THIS PARAGRAPH 18 SECTION 9.5 SHALL SURVIVE THE EXECUTION AND DELIVER DELIVERY OF THE DEED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT. Purchaser Buyer hereby waives and releases Seller, Seller's Affiliates, representatives, agents and employees from any present or future claims (hereinafter referred to as the "Claims") arising from or relating to the presence or alleged presence of hazardous substances in, on, under or about the Property, Property including, without limitation, any claims under or on account of (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local statutes, and any regulations promulgated thereunder, (ii) any other federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind, or (iiiii) this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulations. The foregoing waiver set forth above shall not be deemed to be effective until the second anniversary of the Closing Date (the second anniversary of the Closing Date is herein referred to as the "Release Date"), whereupon such release shall automatically be in full force and effect from and after the Release Date with respect to any claims for which Seller has not been notified prior to the Release Date in writing. Notwithstanding anything contained in this Agreement to the contrary, in the event that Buyer notifies Seller of any any Claims against Seller prior to the Release Date, Seller's liability with respect thereto shall in no event exceed $500,000.

Disclaimers and Limitations. Purchaser expressly acknowledges that there exist no warranties or representations of Seller, expressed or implied, other than those expressly set forth in the Closing Documents or in this Agreement, and Seller has no obligation to determine whether there are any material matters that should be disclosed to Purchaser to the extent those matters have not been expressly set forth herein. NOTWITHSTANDING ANYTHING 9.3.1 SUBJECT TO THE CONTRARY HEREIN CONTAINED (OTHER THAN AS EXPRESSLY WARRANTIES SET FORTH IN SECTION 9.2, THE CLOSING DOCUMENTS OR RIGHTS TO THE LICENSED IP RIGHTS GRANTED HEREUNDER ARE PROVIDED TO ARTELO ON AN “AS IS” BASIS IN ALL OTHER RESPECTS. [***] 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. 9.3.2 EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT)ARTICLE 9, THE PURCHASER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES NEOMED DISCLAIMS ANY AND AGREES THAT THE CONVEYANCE ALL REPRESENTATIONS AND WARRANTIES OF THE PROPERTY SHALL BE MADE BY SELLER TO PURCHASER ON AN "AS IS" BASIS, AND "WITH ALL FAULTS," AND PURCHASER ACKNOWLEDGES THAT PURCHASER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASER'S RIGHT OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLER, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, ADDITIONALLY, PURCHASER HEREBY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTS, SELLER MAKES NO WARRANTY OR REPRESENTATIONKIND, EXPRESS OR IMPLIED, OR ARISING BY OPERATION WITH RESPECT TO THE SUBJECT MATTER OF LAWTHIS AGREEMENT, INCLUDING BUT IN NO WAY LIMITED TOINCLUDING, ANY WARRANTY WITHOUT LIMITATION, WARRANTIES OF CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE USE OR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY ARISING OUT OF PRIOR COURSE OF DEALING AND/OR USAGE OF TRADE. 9.3.3 WITHOUT LIMITING THE GENERALITY OF THE PROPERTY FOREGOING, NEOMED SPECIFICALLY DOES NOT MAKE ANY WARRANTIES OR ANY PORTION THEREOFREPRESENTATIONS EXPRESS OR IMPLIED, CONCERNING THE LICENSED IP RIGHTS OR OF THE COMPOUND OR PRODUCT OR THE SCOPE OF THE LICENSED PATENT RIGHTS. NEOMED MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES, EXPRESS OR IMPLIED, AND ASSUMES NO LIABILITIES OR RESPONSIBILITIES WITH RESPECT TO THE ECONOMICALUSE, FUNCTIONALSALE OR OTHER DISPOSITION BY ARTELO, ENVIRONMENTAL ITS AFFILIATES, ITS SUB-LICENSEES, ASSIGNEES OR PHYSICAL CONDITION, OR ANY OTHER ASPECT, END USERS OF THE PROPERTYCOMPOUND OR THE PRODUCT MANUFACTURED OR DEVELOPED USING THE LICENSED IP RIGHTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN IN NO EVENT SHALL NEOMED BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR IN THE CLOSING DOCUMENTS, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING: (1) THE NATURE AND CONDITION OF THE PROPERTY OR ANY PART THEREOFCONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TOLOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY ARTELO, ITS WATER, SOIL, OR GEOLOGYAFFILAITES, OR THE SUITABILITY THEREOF FOR SUBLICENSEES OR BY ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREONOTHER PERSON, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING UNDER THIS AGREEMENT OR IN RELATION WITH THE LICENSED IP RIGHTS, THE COMPOUND OR THE PRODUCT, EVEN IF NEOMED OR ANY IMPROVEMENTS PURCHASER MAY ELECT TO CONSTRUCT THEREON OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE SAME; (2) THE ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ON, IN OR UNDER THE PROPERTY OR ON, IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3) THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY THIRD PARTY HAS BEEN ADVISED OF THE IMPROVEMENTS ON THE PROPERTY; (4) THE NATURE, EXTENT POSSIBILITY OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCES, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING TO THE PROPERTY, OR PORTION THEREOF; AND (5) THE COMPLIANCE OF THE PROPERTY OR THE OPERATION OF THE PROPERTY OR PORTION THEREOF WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY. THE PROVISIONS OF THIS PARAGRAPH 18 SHALL SURVIVE THE EXECUTION AND DELIVER OF THE DEED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT. Purchaser hereby waives and releases Seller, Seller's Affiliates, representatives, agents and employees from any present or future claims (hereinafter referred to as the "Claims") arising from or relating to the presence or alleged presence of hazardous substances in, on, under or about the Property, including, without limitation, any claims under or on account of (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind, or (ii) this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulationsSUCH DAMAGES.

Disclaimers and Limitations. Purchaser expressly acknowledges that there exist no warranties or representations of Seller, expressed or implied, other than those expressly set forth in the Closing Documents or in this Agreement, and Seller has no obligation to determine whether there are any material matters that should be disclosed to Purchaser to the extent those matters have not been expressly set forth herein. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED (OTHER THAN AS EXPRESSLY SET FORTH IN THE CLOSING DOCUMENTS OR IN THIS AGREEMENT: 10.1 EXCEPT FOR AMOUNTS DUE BY CUSTOMER IN THE ORDINARY COURSE, THE AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE PROVISION OF HOSTED SERVICES TO CUSTOMER, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), THE PURCHASER EXPRESSLY UNDERSTANDSSHALL NOT EXCEED USD $200,000, ACKNOWLEDGES AND AGREES PROVIDED, HOWEVER, THAT THE CONVEYANCE FOREGOING LIMIT WILL NOT APPLY TO LIABILITIES ARISING UNDER SECTION 8, ARISING AS RESULT OF THE PROPERTY SHALL BE MADE BY SELLER TO PURCHASER ON AN "AS IS" BASISA PARTY'S GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT; 10.2 NAVITAIRE HEREBY DISCLAIMS AND "WITH EXCLUDES ALL FAULTS," AND PURCHASER ACKNOWLEDGES THAT PURCHASER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASER'S RIGHT OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLER, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, ADDITIONALLY, PURCHASER HEREBY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTS, SELLER MAKES NO WARRANTY OR REPRESENTATIONWARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAWINCLUDING, INCLUDING BUT IN NO WAY LIMITED TOWITHOUT LIMITATION, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS BASED ON THE USE OR POSSESSION OF ANY PRODUCT, SERVICE OR RELATED MATERIALS PROVIDED UNDER THIS AGREEMENT BY NAVITAIRE; NAVITAIRE HEREBY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS BASED ON THE USE OR POSSESSION OF ANY PRODUCT, SERVICE OR RELATED MATERIALS PROVIDED UNDER THIS AGREEMENT BY NAVITAIRE. THE FOREGOING SHALL NOT LIMIT THE APPLICABILITY OF ARTICLE 8. 10.3 NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY EXEMPLARY, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, EVEN IF THE PARTY HAS BEEN ADVISED OF THE PROPERTY POSSIBILITY OF SUCH DAMAGES; AND 10.4 IT IS AGREED THAT THERE ARE NO INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. 10.5 THE LIMITATIONS SET FORTH IN SECTIONS 10.1, 10.2 AND 10.3 ABOVE SHALL NOT APPLY TO LIABILITY FOR DEATH, PERSONAL INJURY OR ANY PORTION THEREOFDAMAGE TO TANGIBLE PERSONAL PROPERTY. 10.6 At all times during the term of this Agreement, OR each party will carry and maintain in full force and effect comprehensive general liability insurance for bodily injury including personal injury and property damage and automobile liability coverage for owned and non owned vehicles with a combined single limit of liability of not less than two million dollars ($2,000,000). Prior to the commencement of performance under this Agreement, each party agree to furnish to the other with certificates evidencing that such party has the insurance required under this provision. Neither party is required to obtain insurance for the benefit of the other party, and each party shall pay all costs and receive all benefits under policies arranged by it. Each party waives rights of subrogation it may otherwise have regarding the other party's insurance policies, including but not limited to property insurance, business interruption insurance, and other first-party insurance THE FOREGOING STATES THE ENTIRE LIABILITY OF EACH OF NAVITAIRE AND CUSTOMER WITH RESPECT REGARD TO THIS AGREEMENT AND THE ECONOMICAL, FUNCTIONAL, ENVIRONMENTAL OR PHYSICAL CONDITION, OR ANY OTHER ASPECT, PROVISION OF HOSTED SERVICES HEREUNDER. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 10 ARE A FUNDAMENTAL PART OF THE PROPERTY. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTSBASIS OF NAVITAIRE AND CUSTOMER'S BARGAIN HEREUNDER, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING: (1) THE NATURE AND CONDITION OF THE PROPERTY OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ITS WATER, SOIL, OR GEOLOGY, OR THE SUITABILITY THEREOF FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREON, OR ANY IMPROVEMENTS PURCHASER MAY ELECT TO CONSTRUCT THEREON OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE SAME; (2) THE ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ON, IN OR UNDER THE PROPERTY OR ON, IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3) THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE IMPROVEMENTS ON THE PROPERTY; (4) THE NATURE, EXTENT OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCES, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING TO THE PROPERTY, OR PORTION THEREOF; AND (5) THE COMPLIANCE OF THE PROPERTY OR THE OPERATION OF THE PROPERTY OR PORTION THEREOF WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY. THE PROVISIONS OF NEITHER PARTY WOULD ENTER INTO THIS PARAGRAPH 18 SHALL SURVIVE THE EXECUTION AND DELIVER OF THE DEED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT. Purchaser hereby waives and releases Seller, Seller's Affiliates, representatives, agents and employees from any present or future claims (hereinafter referred to as the "Claims") arising from or relating to the presence or alleged presence of hazardous substances in, on, under or about the Property, including, without limitation, any claims under or on account of (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind, or (ii) this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulationsAGREEMENT ABSENT SUCH LIMITATIONS.

Disclaimers and Limitations. Purchaser expressly acknowledges that there exist no warranties or representations of Seller, expressed or implied, other than those expressly set forth in the Closing Documents or in this Agreement, and Seller has no obligation to determine whether there are any material matters that should be disclosed to Purchaser to the extent those matters have not been expressly set forth herein. NOTWITHSTANDING ANYTHING a. TO THE CONTRARY HEREIN CONTAINED (OTHER THAN AS EXPRESSLY SET FORTH IN THE CLOSING DOCUMENTS OR IN THIS AGREEMENT)EXTENT ALLOWED BY LAW, THE PURCHASER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES SOFTWARE AND AGREES THAT THE CONVEYANCE OF THE PROPERTY SHALL BE MADE BY SELLER ACCESS TO PURCHASER ON AN ANY RELATED SOFTWARE SERVICES ARE PROVIDED TO SUBSCRIBER "AS IS" BASISWITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND "WITH ALL FAULTS," AND PURCHASER ACKNOWLEDGES THAT PURCHASER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASER'S RIGHT OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS WHETHER ORAL OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLER, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, ADDITIONALLY, PURCHASER HEREBY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTS, SELLER MAKES NO WARRANTY OR REPRESENTATIONWRITTEN, EXPRESS OR IMPLIED, . CBI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR ARISING BY OPERATION CONDITIONS OF LAW, INCLUDING BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY, OR SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, ACCURACY OF INFORMATIONAL CONTENT, AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROPERTY SOFTWARE IS ASSUMED BY SUBSCRIBER AND CUSTOMERS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CBI OR CBI AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. CBI DOES NOT REPRESENT THAT ITS SERVERS WILL BE AVAILABLE AT ALL TIMES OR WILL BE FUNCTIONING PROPERLY WHEN SUBSCRIBER OR OTHERS WISH TO ACCESS THE FUNCTIONALITY OF THE SOFTWARE HEREUNDER. CBI’S SERVERS MAY BE UNAVAILABLE AT TIMES FOR MAINTENANCE OR FOR A VARIETY OF OTHER REASONS. CBI SHALL NOT BE LIABLE TO SUBSCRIBER OR CUSTOMERS FOR ANY PORTION THEREOFPERIODS OF UNAVAILABILITY AND SUBSCRIBER AND CUSTOMERS SHALL NOT BE ENTITLED TO ANY REFUNDS FOR THOSE PERIODS WHEN THE SERVERS ARE NOT AVAILABLE OR ARE NOT FUNCTIONING PROPERLY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAWS. b. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL CBI OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR WITH RESPECT TO THE ECONOMICALOTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, FUNCTIONAL, ENVIRONMENTAL OR PHYSICAL CONDITIONLOST DATA, OR ANY OTHER ASPECTDOWNTIME COSTS), ARISING OUT OF THE PROPERTY. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTSUSE, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING: (1) THE NATURE AND CONDITION OF THE PROPERTY OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ITS WATER, SOIL, OR GEOLOGYINABILITY TO USE, OR THE SUITABILITY THEREOF RESULTS OF USE OF THE SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT CBI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CBI’ AND ITS SUPPLIERS' ENTIRE LIABILITY AND SUBSCRIBER’S AND/OR CUSTOMERS’ EXCLUSIVE REMEDY SHALL BE, AT CBI’S OPTION FROM TIME TO TIME EXERCISED SUBJECT TO APPLICABLE LAW, (A) RETURN OF THE CURRENT MONTH SUBSCRIPTION PRICE PAID (IF ANY) FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREONTHE USE OF THE SOFTWARE, OR ANY IMPROVEMENTS PURCHASER MAY ELECT TO CONSTRUCT THEREON OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE SAME; (2B) THE ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ON, IN OR UNDER THE PROPERTY OR ON, IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3) THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY REPLACEMENT OF THE IMPROVEMENTS ON CURRENT VERSION OF THE PROPERTY; (4) THE NATURE, EXTENT OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCES, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING SOFTWARE. c. EXCEPT TO THE PROPERTYEXTENT ALLOWED BY LOCAL LAW, THESE WARRANTY TERMS DO NOT EXCLUDE, RESTRICT OR PORTION THEREOF; MODIFY, AND (5) ARE IN ADDITION TO, THE COMPLIANCE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE LICENSE OF THE PROPERTY SOFTWARE TO SUBSCRIBER AND/OR CUSTOMERS; PROVIDED, HOWEVER, THAT THE OPERATION UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS SPECIFICALLY DISCLAIMED AND SHALL NOT GOVERN OR APPLY TO THE PROPERTY OR PORTION THEREOF SOFTWARE PROVIDED IN CONNECTION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY. THE PROVISIONS OF THIS PARAGRAPH 18 SHALL SURVIVE THE EXECUTION AND DELIVER OF THE DEED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT. d. CBI DOES NOT PROMISE THAT THE SOFTWARE WILL FUNCTION ON OR BE COMPATIBLE WITH SUBSCRIBER’S OR CUSTOMERS’ COMPUTER SYSTEM OR WEB BROWSER. Purchaser hereby waives CBI DOES NOT PROMISE OR WARRANT THAT SUBSCRIBER’S OR CUSTOMERS’ COMPUTER SYSTEM OR WEB BROWSER WILL BE COMPATIBLE WITH THE FUNCTIONALITY AVAILABLE THROUGH OUR SERVER. IT IS SUBSCRIBER'S AND CUSTOMERS’ SOLE RESPONSIBILITY TO ENSURE THAT THEIR RESPECTIVE COMPUTER SYSTEMS, WEB BROWSERS AND/OR INTERNET ACCESS ARE COMPATIBLE WITH THE SOFTWARE AND CBI’S SERVER FUNCTIONALITY. e. The disclaimers, exclusions and releases Sellerlimitations of liability set forth in this Agreement form an essential basis of the bargain between the parties, Seller's Affiliatesand, representativesabsent any of such disclaimers, agents and employees from any present exclusions or future claims (hereinafter referred to as limitations of liability, the "Claims") arising from or relating to the presence or alleged presence provisions of hazardous substances in, on, under or about the Propertythis Agreement, including, without limitation, any claims under or on account of (i) the Comprehensive Environmental Responseeconomic terms, Compensation and Liability Act of 1980, as the same may have been or may would be amended from time to time, and similar federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind, or (ii) this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulationssubstantially different.

Disclaimers and Limitations. Purchaser expressly acknowledges that there exist no warranties or representations of Seller, expressed or implied, other than those expressly set forth in the Closing Documents or in this Agreement, and Seller has no obligation to determine whether there are any material matters that should be disclosed to Purchaser to the extent those matters have not been expressly set forth hereinARTICLE 27.1. NOTWITHSTANDING ANYTHING EXCEPT AS SPECIFICALLY PROVIDED HEREIN TO THE CONTRARY HEREIN CONTAINED (OTHER THAN AS EXPRESSLY SET FORTH IN THE CLOSING DOCUMENTS OR IN THIS AGREEMENT)CONTRARY, THE PURCHASER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE CONVEYANCE OF THE PROPERTY SHALL BE MADE BY SELLER TO PURCHASER ON AN "“AS IS" BASIS, WHERE IS” BASIS AND "WITH ALL FAULTS," , AND PURCHASER ACKNOWLEDGES THAT PURCHASER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASER'S ’S RIGHT OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLER, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, HEREIN. ADDITIONALLY, PURCHASER HEREBY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTSHEREIN, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY OR ANY PORTION THEREOF, OR WITH RESPECT TO THE ECONOMICAL, FUNCTIONAL, ENVIRONMENTAL OR PHYSICAL CONDITION, OR ANY OTHER ASPECT, OF THE PROPERTY. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING: (1i) THE NATURE AND CONDITION OF THE PROPERTY OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, TO ITS WATER, SOIL, OR GEOLOGY, OR THE SUITABILITY THEREOF FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREON, OR ANY IMPROVEMENTS PURCHASER MAY ELECT TO CONSTRUCT THEREON OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE SAME; (2ii) THE ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ON, IN OR UNDER THE PROPERTY OR ON, IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3iii) THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY IMPROVEMENTS; AND (iv) THE COMPLIANCE OF THE IMPROVEMENTS ON PROPERTY OR THE PROPERTYOPERATION OF THE PROPERTY OR ANY PORTION THEREOF WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY; AND (4v) THE NATURE, NATURE OR EXTENT OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCESENCUMBRANCE, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING TO THE PROPERTY, OR PORTION THEREOF; AND (5) THE COMPLIANCE OF THE PROPERTY OR THE OPERATION OF THE PROPERTY OR PORTION THEREOF WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY. THE PROVISIONS OF THIS PARAGRAPH 18 SHALL SURVIVE THE EXECUTION AND DELIVER OF THE DEED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT. Purchaser hereby waives and releases Seller, Seller's Affiliates, representatives, agents and employees from any present or future claims (hereinafter referred to as the "Claims") arising from or relating to the presence or alleged presence of hazardous substances in, on, under or about the Property, including, without limitation, any claims under or on account of (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind, or (ii) this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulations.

Disclaimers and Limitations. Purchaser expressly acknowledges Subscriber understands and agrees that there exist no warranties or representations of Seller, expressed or implied, other than those expressly set forth in the Closing Documents or service rendered under this Agreement relies on broadband Internet service and that inherent in this Agreement, system is a failure when the Subscriber’s broadband Internet has an interruption in service. Subscriber understands and Seller has no obligation to determine whether there are any material matters agrees that should be disclosed to Purchaser to Provider may not control the extent those matters have not been expressly set forth hereinbroadband internet service. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED (OTHER THAN AS EXPRESSLY SET FORTH IN THE CLOSING DOCUMENTS OR IN THIS AGREEMENT), THE PURCHASER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE CONVEYANCE OF THE PROPERTY SHALL BE MADE BY SELLER TO PURCHASER ON AN "AS IS" BASIS, AND "WITH ALL FAULTS," AND PURCHASER ACKNOWLEDGES THAT PURCHASER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASER'S RIGHT OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLER, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, ADDITIONALLY, PURCHASER HEREBY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTS, SELLER BBT MAKES NO WARRANTY OR REPRESENTATIONWARRANTIES CONCERNING THE WI-FI SERVICES PROVIDED HEREUNDER, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING BUT IN NO WAY NOT LIMITED TO, TO ANY WARRANTY WARRANTIES OF CONDITION, HABITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTIES REGARDING THE DESIGN, CONDITIONS OF, OR QUALITY OF THE PROPERTY MATERIAL OR WORKMANSHIP OF ANY PORTION THEREOFWI-FI SERVICES. IN NO EVENT WILL BBT BE LIABLE TO THE SUBSCRIBER OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS, OR WITH RESPECT TO LOSS OF PROFITS, ARISING IN ANY MANNER FROM THESE WI-FI TERMS AND CONDITIONS AND THE ECONOMICALPERFORMANCE OR NONPERFORMANCE OF BBT’s OBLIGATIONS HEREUNDER, FUNCTIONALHOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ENVIRONMENTAL OR PHYSICAL CONDITION, OR ANY OTHER ASPECT, EVEN IF BBT HAS BEEN ADVISED OF THE PROPERTYPOSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN SUBSCRIBER’S SOLE REMEDY RELATED TO ANY DEFECT OR IN THE CLOSING DOCUMENTS, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING: (1) THE NATURE AND CONDITION FAILURE OF THE PROPERTY OR ANY PART THEREOF, INCLUDING BUT NOT WI-FI SERVICES IS LIMITED TO, ITS WATER, SOIL, OR GEOLOGY, OR THE SUITABILITY THEREOF FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREON, OR ANY IMPROVEMENTS PURCHASER MAY ELECT TO CONSTRUCT THEREON OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE SAME; (2) THE ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ON, IN OR UNDER THE PROPERTY OR ON, IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3) THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY A REFUND OF THE IMPROVEMENTS ON THE PROPERTY; (4) THE NATURE, EXTENT OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCES, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING TO THE PROPERTY, OR PRO RATED PORTION THEREOF; AND (5) THE COMPLIANCE OF THE PROPERTY OR MONTHLY CHARGES FOR THE OPERATION AFFECTED WI-FI SERVICES UP TO AN AGGREGATE MAXIMUM OF THE PROPERTY OR PORTION THEREOF WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY. THE PROVISIONS OF THIS PARAGRAPH 18 SHALL SURVIVE THE EXECUTION AND DELIVER OF THE DEED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT. Purchaser hereby waives and releases Seller, Seller's Affiliates, representatives, agents and employees from any present or future claims (hereinafter referred to as the "Claims") arising from or relating to the presence or alleged presence of hazardous substances in, on, under or about the Property, including, without limitation, any claims under or on account of (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind, or (ii) this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulationsONE MONTH’S CHARGES.

Disclaimers and Limitations. Purchaser expressly acknowledges that there exist no warranties or representations of SellerBY ACCEPTING OR ENTERING INTO THIS AGREEMENT, expressed or impliedAND/OR BY USING OR ATTEMPTING TO ACCESS AND/OR USE THE SYSTEM, other than those expressly set forth in the Closing Documents or in this Agreement, and Seller has no obligation to determine whether there are any material matters that should be disclosed to Purchaser to the extent those matters have not been expressly set forth herein. NOTWITHSTANDING ANYTHING YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE CONTRARY HEREIN CONTAINED FOLLOWING: (OTHER THAN a) THE SYSTEM AND THE DATA ARE PROVIDED STRICTLY ON AN “AS EXPRESSLY SET FORTH IN IS, WHERE IS” AND “AS AVAILABLE” BASIS. KORECONX DOES NOT OWN AND HAS NO CONTROL OVER THE CLOSING DOCUMENTS NATURE OR IN THIS AGREEMENT), THE PURCHASER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE CONVEYANCE CONTENTS OF THE PROPERTY SHALL BE MADE BY SELLER TO PURCHASER ON AN "AS IS" BASISDATA. (b) KORECONX DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, AND "WITH ALL FAULTS," AND PURCHASER ACKNOWLEDGES THAT PURCHASER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASER'S RIGHT OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLERWHETHER EXPRESS, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, ADDITIONALLY, PURCHASER HEREBY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTS, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR STATUTORY, OR ARISING BY OPERATION FROM A COURSE OR CUSTOM OF LAWUSAGE OR TRADE, INCLUDING INCLUDING, BUT IN NO WAY NOT LIMITED TO, ANY WARRANTY OR CONDITION OF CONDITION, HABITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY DESCRIPTION WITH RESPECT TO THE SYSTEM AND/OR THE DATA. (c) KORECONX MAKES NO WARRANTIES, GUARANTEES, CONDITIONS OR REPRESENTATIONS REGARDING THE SYSTEM OR THE DATA, OR THAT THE SYSTEM OR THE DATA WILL BE AVAILABLE WITHOUT ERRORS, OMISSIONS OR DEFECTS, OR THAT ERRORS, OMISSIONS OR DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND THE SERVER OR SERVERS ON WHICH IT IS HOSTED WILL BE FREE OF VIRUSES OR OTHER HARMFUL CONTENT, OR THAT THE SYSTEM WILL NOT INFRINGE THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR MISAPPROPRIATE THIRD PARTY CONFIDENTIAL INFORMATION OR TRADE SECRETS. (d) YOU ACKNOWLEDGE AND AGREE THAT THE SYSTEM IS SOFTWARE AND COMPUTER BASED, THAT THERE IS NO SUCH THING AS ERROR FREE SYSTEMS OR SOFTWARE, AND THAT THE DATA ORIGINATES FROM AND IS SUBJECT TO REVISION BY MANY AUTHORS AND SOURCES NOT UNDER THE CONTROL OF KORECONX. YOU THEREFORE AGREE THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH HEREIN ARE REASONABLE AND FREELY ACCEPTED. (e) AS A CONVENIENCE TO USERS OF THE PROPERTY SYSTEM, AND ALTHOUGH IT ACCEPTS NO OBLIGATION TO DO SO, KORECONX MAY, IN ITS SOLE DISCRETION, INCLUDE LINKS TO OTHER SYSTEMS, COMPUTERS, SERVERS, WEB SITES OR RESOURCES UNDER THE CONTROL OF THIRD PARTIES (“THIRD PARTY RESOURCES”) AND OVER WHICH YOU ACKNOWLEDGE AND AGREE KORECONX HAS NO CONTROL. KORECONX PROVIDES NO ENDORSEMENT, WARRANTY OR REPRESENTATION OF ANY PORTION THEREOFKIND REGARDING THE PRODUCTS, SERVICES, CONTENT, ACCURACY OR APPROPRIATENESS OF CONTENT OF, OR ACCESSIBLE THROUGH, SUCH THIRD PARTY RESOURCES, OR WITH RESPECT TO THE ECONOMICALDATA, FUNCTIONALAND YOU USE SUCH THIRD PARTY RESOURCES AND THE DATA SOLELY AND ENTIRELY AT YOUR OWN RISK AND HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST KORECONX WITH RESPECT TO SUCH WEB SITES OR THE DATA. (f) EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, ENVIRONMENTAL NONE OF KORECONX OR PHYSICAL CONDITIONANY OF ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, COSTS OR LOSS WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF, OR ANY DEFECTS, INACCURACIES, ERRORS OR OMISSIONS IN OR TO, THE SYSTEM, THE DATA, OR ANY LINKED THIRD PARTY RESOURCE, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF PROGRAMS, APPLICATIONS, INFORMATION OR DATA, FAILURE TO REALIZE EXPECTED REVENUES, PROFITS, OR SAVINGS, LOSS OF OR DAMAGE TO PROPERTY OF ANY KIND, HARM TO BUSINESS, OR ANY OTHER ASPECTECONOMIC OR PECUNIARY LOSS OF ANY KIND, WHETHER ARISING OUT TORT, CONTRACT, BREACH OF DUTY OR OTHERWISE, AND WITHOUT REGARD TO FORM OF ACTION. THE FOREGOING PROVISIONS SHALL ALL APPLY EVEN IF KORECONX HAS BEEN ADVISED BY YOU OR ANYONE ELSE OF THE PROPERTY. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN POSSIBILITY OF ANY LOSS OR DAMAGE. (g) IN THE CLOSING DOCUMENTS, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY JURISDICTION WHERE EXCLUSION OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING: (1) THE NATURE AND CONDITION LIMITATION OF THE PROPERTY OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ITS WATER, SOIL, OR GEOLOGY, OR THE SUITABILITY THEREOF LIABILITY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREONTIME OF DAMAGES IS PROHIBITED, OR ANY IMPROVEMENTS PURCHASER MAY ELECT TO CONSTRUCT THEREON OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE SAME; (2) THE ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ON, IN OR UNDER THE PROPERTY OR ON, IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3) THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE IMPROVEMENTS ON THE PROPERTY; (4) THE NATURE, EXTENT OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCES, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING KORECONX’S LIABILITY IS LIMITED TO THE PROPERTY, OR PORTION THEREOF; MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION. (h) THIS AGREEMENT PROVIDES A LICENSE AND (5) THE COMPLIANCE ACCESS TO CERTAIN CONTENT AND IS NOT A SALE OF THE PROPERTY OR THE OPERATION OF THE PROPERTY OR PORTION THEREOF WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY. THE PROVISIONS OF THIS PARAGRAPH 18 SHALL SURVIVE THE EXECUTION AND DELIVER OF THE DEED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT. Purchaser hereby waives and releases Seller, Seller's Affiliates, representatives, agents and employees from any present or future claims (hereinafter referred to as the "Claims") arising from or relating to the presence or alleged presence of hazardous substances in, on, under or about the Property, including, without limitation, any claims under or on account of (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind, or (ii) this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulationsGOODS.

Disclaimers and Limitations. Purchaser expressly acknowledges that there exist no warranties or representations of Seller, expressed or implied, other than those expressly set forth in the Closing Documents or in this Agreement, and Seller has no obligation to determine whether there are any material matters that should be disclosed to Purchaser to the extent those matters have not been expressly set forth herein. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED (OTHER THAN AS EXPRESSLY SET FORTH IN THE CLOSING DOCUMENTS OR IN THIS AGREEMENT), THE PURCHASER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE CONVEYANCE OF THE PROPERTY SHALL BE MADE BY SELLER TO PURCHASER ON AN "AS IS" BASIS, AND "WITH ALL FAULTS," AND PURCHASER ACKNOWLEDGES THAT PURCHASER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASER'S RIGHT OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLER, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN PROVIDED FOR HEREIN, SELLER HEREBY DISCLAIMS ALL WARRANTIES RELATING TO IT, TO ITS BUSINESS OR IN PROPERTY OR TO THE CLOSING DOCUMENTSAIRCRAFT, ADDITIONALLYTHE EQUIPMENT OR THE BOOKS AND RECORDS. PURCHASER HAS HAD AND WILL HAVE AMPLE OPPORTUNITY TO INSPECT THE AIRCRAFT, THE EQUIPMENT AND THE BOOKS AND RECORDS PRIOR TO DELIVERY OF THE AIRCRAFT. PURCHASER AGREES THAT IT IS PURCHASING THE AIRCRAFT, THE EQUIPMENT AND THE BOOKS AND RECORDS "AS IS." PURCHASER HEREBY ACKNOWLEDGES THATRELEASES, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTSRENOUNCES AND DISCLAIMS ALL WARRANTIES, OBLIGATIONS AND LIABILITIES OF SELLER MAKES NO WARRANTY OR REPRESENTATIONAND ALL RIGHTS, CLAIMS AND REMEDIES OF PURCHASER AGAINST SELLER, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAWLAW OR OTHERWISE, INCLUDING WITH RESPECT TO ANY NONCONFORMITY OR DEFECT (WHETHER LATENT OR DISCOVERABLE) IN THE AIRCRAFT, INCLUDING, BUT IN NO WAY NOT LIMITED TO, : (i) ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, (ii) ANY WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT OR STRICT-LIABILITY, WHETHER OR NOT ARISING FROM THE PROPERTY NEGLIGENCE OF SELLER OR ANY PORTION THEREOFPREDECESSOR TO SELLER, ACTUAL OR IMPUTED AND (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FROM LOSS OR DAMAGE TO THE AIRCRAFT, FOR LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO THE ECONOMICAL, FUNCTIONAL, ENVIRONMENTAL AIRCRAFT OR PHYSICAL CONDITION, OR ANY OTHER ASPECT, OF THE PROPERTY. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING: (1) THE NATURE AND CONDITION OF THE PROPERTY OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ITS WATER, SOIL, OR GEOLOGY, OR THE SUITABILITY THEREOF FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREONINCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY IMPROVEMENTS PURCHASER MAY ELECT TO CONSTRUCT THEREON SUCH NONCONFORMITY OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE SAME; (2) THE ABSENCE OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ON, IN OR UNDER THE PROPERTY OR ON, IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3) THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE IMPROVEMENTS ON THE PROPERTY; (4) THE NATURE, EXTENT OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCES, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING TO THE PROPERTY, OR PORTION THEREOF; AND (5) THE COMPLIANCE OF THE PROPERTY OR THE OPERATION OF THE PROPERTY OR PORTION THEREOF WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY. THE PROVISIONS OF THIS PARAGRAPH 18 SHALL SURVIVE THE EXECUTION AND DELIVER OF THE DEED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT. Purchaser hereby waives and releases Seller, Seller's Affiliates, representatives, agents and employees from any present or future claims (hereinafter referred to as the "Claims") arising from or relating to the presence or alleged presence of hazardous substances in, on, under or about the Property, including, without limitation, any claims under or on account of (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind, or (ii) this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulationsDEFECT.

Disclaimers and Limitations. Purchaser expressly acknowledges that there exist no warranties or representations of Seller, expressed or implied, other than those expressly set forth in the Closing Documents or in this Agreement, and Seller has no obligation to determine whether there are any material matters that should be disclosed to Purchaser to the extent those matters have not been expressly set forth herein. NOTWITHSTANDING ANYTHING TO a. THE CONTRARY HEREIN CONTAINED (OTHER THAN AS WARRANTIES EXPRESSLY SET FORTH IN THE CLOSING DOCUMENTS OR STATED IN THIS AGREEMENT), AGREEMENT ARE THE PURCHASER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES SOLE AND AGREES THAT THE CONVEYANCE EXCLUSIVE WARRANTIES OFFERED BY APICA. THERE ARE NO OTHER WARRANTIES OF THE PROPERTY SHALL BE MADE BY SELLER TO PURCHASER ON AN "AS IS" BASIS, AND "WITH ALL FAULTS," AND PURCHASER ACKNOWLEDGES THAT PURCHASER HAS AGREED TO BUY THE PROPERTY IN ITS PRESENT CONDITION (SUBJECT TO PURCHASER'S RIGHT OF INSPECTION AND REVIEW AS PROVIDED HEREIN) AND THAT PURCHASER IS RELYING SOLELY ON ITS OWN EXAMINATION AND INSPECTIONS OF THE PROPERTY AND NOT ON ANY STATEMENTS OR REPRESENTATIONS MADE BY SELLER OR ANY AGENTS OR REPRESENTATIVES OF SELLER, EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE CLOSING DOCUMENTS, ADDITIONALLY, PURCHASER HEREBY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE SPECIFIED HEREIN OR IN THE CLOSING DOCUMENTS, SELLER MAKES NO WARRANTY OR REPRESENTATIONKIND, EXPRESS OR IMPLIED, OR ARISING BY OPERATION . APICA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF LAW, INCLUDING BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITYTITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS, ACCURACY OR ANY PORTION THEREOF, OR WITH RESPECT TO THE ECONOMICAL, FUNCTIONAL, ENVIRONMENTAL OR PHYSICAL CONDITION, OR ANY OTHER ASPECT, OF THE PROPERTYQUIET ENJOYMENT. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN STATED HEREIN, THE SERVICE AND APICA CONTENT ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE INFORMATION PROVIDED ON THE SITE. INFORMATION AT THIS SITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR CUSTOMER’S PURPOSES. APICA DOES NOT WARRANT THAT USE OF THE SYSTEM WILL BE ERROR-FREE OR UNINTERRUPTED. APICA IS NOT RESPONSIBLE FOR SOFTWARE INSTALLED OR USED BY CUSTOMER OR USERS OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET i. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IN CASE OF BREACH OF THE CLOSING DOCUMENTSANY REPRESENTATION OR WARRANTY IS THE REFUND OF ANY AMOUNTS PAID BY CUSTOMER TO APICA. b. IN NO EVENT WILL EITHER PARTY BE LIABLE ON ANY THEORY OF LIABILITY FOR ANY INDIRECT, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTYSPECIAL, GUARANTY OR REPRESENTATIONINCIDENTAL, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TOEXEMPLARY, OR CONCERNING: CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND (1) THE NATURE AND CONDITION INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), WHETHER OR NOT APICA HAS BEEN ADVISED OF THE PROPERTY OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ITS WATER, SOIL, OR GEOLOGY, OR THE SUITABILITY THEREOF FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREON, OR ANY IMPROVEMENTS PURCHASER MAY ELECT TO CONSTRUCT THEREON OR THAT ARE ALREADY CONSTRUCTED THEREON, OR ANY INCOME TO BE DERIVED THEREFROM, OR ANY EXPENSES TO BE INCURRED WITH RESPECT THERETO, OR ANY OBLIGATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE SAME; (2) THE ABSENCE POSSIBILITY OF ASBESTOS OR ANY ENVIRONMENTALLY HAZARDOUS SUBSTANCES ON, IN OR UNDER THE PROPERTY OR ON, IN OR UNDER ANY PROPERTY NEAR, ADJACENT TO OR ABUTTING THE PROPERTY; (3) THE MANNER OF CONSTRUCTION OR CONDITION OR STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE IMPROVEMENTS ON THE PROPERTY; (4) THE NATURE, EXTENT OF OR STATUS OF ANY EASEMENT, RESTRICTIVE COVENANT, RIGHT-OF-WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCES, LICENSE, RESERVATION, CONDITION OR OTHER SIMILAR MATTER PERTAINING TO THE PROPERTY, OR PORTION THEREOF; AND (5) THE COMPLIANCE OF THE PROPERTY OR THE OPERATION OF THE PROPERTY OR PORTION THEREOF WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY. THE PROVISIONS OF THIS PARAGRAPH 18 SHALL SURVIVE THE EXECUTION AND DELIVER OF THE DEED BY SELLER AND THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT. Purchaser hereby waives and releases Seller, Seller's Affiliates, representatives, agents and employees from any present or future claims (hereinafter referred to as the "Claims") arising from or relating to the presence or alleged presence of hazardous substances in, on, under or about the Property, including, without limitation, any claims under or on account of (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind, or (ii) this Agreement. For the purposes hereof the term "hazardous substances" shall have the meaning given to such term or similar terms under any applicable federal, state or local laws, rules or regulationsSUCH DAMAGES.