Common use of Exclusions and Limitations of Liability Clause in Contracts

Exclusions and Limitations of Liability. 8.1 Scitor ITS is not liable for any delay in performing its obligations or for any failure to perform its obligations under the Agreement if the delay or failure results from circumstances beyond Scitor ITS' reasonable control. Scitor ITS will notify the customer in a reasonable timeframe of any delay in performing its obligations or of any failure to perform its obligations under this Agreement. 8.2 EXCEPT AS EXPRESSLY CONTAINED IN THIS AGREEMENT, SCITOR ITS GIVES NO WARRANTIES AND HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR IN RELATION TO THIS AGREEMENT. 8.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SCITOR ITS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES ARISING FROM THE USE OF THE SERVICE BY CUSTOMER OR BY ITS OFFICERS, EMPLOYEES, OR AGENTS OR BY ANY THIRD PARTY, WHETHER OR NOT AUTHORIZED BY CUSTOMER, EVEN IF SCITOR ITS WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 8.4 In the event that data furnished by Customers, whether transmitted via the Network or otherwise, is lost, destroyed or damaged due to the negligence of Scitor ITS, its agents or employees, Customer's sole remedy shall be the repair or replacement by Scitor ITS of such lost, destroyed or damaged data, provided however that such repair or restoration can reasonably be performed by Scitor ITS and provided, further, that Customer furnishes Scitor ITS with all source data, in machine readable form, necessary for such repair or restoration.

Exclusions and Limitations of Liability. 8.1 Scitor ITS a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm Services. Notwithstanding the foregoing or any other provision of this Precedent Agreement, Transporter will not be liable to Shipper for any damages, howsoever incurred, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Services contemplated by this Precedent Agreement. b. Transporter will not be responsible nor will this Precedent Agreement or any TSA provided hereunder be subject to cancellation if Transporter is unable to complete the construction of the expansion facilities and commence the Expansion Firm Services by the Planned Service Commencement Date. Transporter does not liable guarantee the Planned Service Commencement Date and will have no liability for any delay or change to the Planned Service Commencement Date or any cancelation or change in performing its obligations or scope of the proposed Expansion Firm Services. c. Transporter will not be responsible for any failure business decisions or contractual commitments made or inference drawn by ▇▇▇▇▇▇▇ in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to perform its obligations under the Agreement if the delay or failure results from circumstances beyond Scitor ITS' reasonable control. Scitor ITS will notify the customer in a reasonable timeframe of any delay in performing its obligations or of any failure to perform its obligations under connection with this Precedent Agreement. 8.2 EXCEPT AS EXPRESSLY CONTAINED IN THIS AGREEMENTd. Notwithstanding anything contained in this Precedent Agreement, SCITOR ITS GIVES NO WARRANTIES AND HEREBY DISCLAIMS ANY WARRANTIESneither Transporter nor Shipper shall be liable for consequential losses that relate to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, EXPRESS OR IMPLIEDtort, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR IN RELATION TO THIS AGREEMENTstrict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference to “consequential losses” include direct losses or direct damages. 8.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SCITOR ITS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES ARISING FROM THE USE OF THE SERVICE BY CUSTOMER OR BY ITS OFFICERS, EMPLOYEES, OR AGENTS OR BY ANY THIRD PARTY, WHETHER OR NOT AUTHORIZED BY CUSTOMER, EVEN IF SCITOR ITS WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCEe. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreement. 8.4 In the event that data furnished by Customers, whether transmitted via the Network or otherwise, is lost, destroyed or damaged due to the negligence of Scitor ITS, its agents or employees, Customer's sole remedy shall be the repair or replacement by Scitor ITS of such lost, destroyed or damaged data, provided however that such repair or restoration can reasonably be performed by Scitor ITS and provided, further, that Customer furnishes Scitor ITS with all source data, in machine readable form, necessary for such repair or restoration.

Exclusions and Limitations of Liability. 8.1 Scitor ITS is not 10.1 Neither Party will be liable for any delay in performing its obligations or for any failure to perform its obligations under the Agreement if the delay or failure results from circumstances beyond Scitor ITS' the reasonable control. Scitor ITS will notify the customer in a reasonable timeframe control of any delay in performing its obligations or of any failure to perform its obligations under this Agreementeither Party. 8.2 10.2 EXCEPT AS EXPRESSLY CONTAINED IN THIS AGREEMENT, SCITOR ITS GIVES MAKES NO WARRANTIES AND HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR IN RELATION TO THIS THE AGREEMENT. 8.3 10.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SCITOR ITS NEITHER PARTY SHALL NOT BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL OR PUNITIVE DAMAGES HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, SUCH ANY DAMAGES ARISING FROM THE USE FOR LOST TIME, INCOME, REVENUE, CLIENTS GOODWILL, PROFITS OR OTHER SIMILAR ITEMS. OR ANY BUSINESS INTERRUPTION OF THE SERVICE BY CUSTOMER OR BY ITS OFFICERS, EMPLOYEES, OR AGENTS OR BY ANY THIRD PARTY, WHETHER OR NOT AUTHORIZED BY CUSTOMER, KIND EVEN IF SCITOR ITS WAS MADE AWARE THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 8.4 10.4 In the event that data furnished by CustomersCustomer, whether transmitted via the Network or otherwise, is lost, destroyed or damaged due to the negligence of Scitor ITS, its agents or employees, Customer's sole remedy shall be the repair or replacement by Scitor ITS of such lost, destroyed or damaged data, provided however that such repair or restoration can reasonably be performed by Scitor ITS and provided, further, that Customer furnishes Scitor ITS with all source data, in machine readable form, necessary for such repair or restoration. 10.5 Subject to Clauses 10.3 and 10.4, and without prejudice to Customer's obligation to pay any charges hereunder for Service rendered, the Parties' maximum liability to each other under this Agreement is limited in respect of each event or series of connected events as follows: [ * ] in respect of physical damage to or loss of tangible property; [ * ] in respect of all other events other than intentional acts or acts of negligence by a Party, its employees or agents, to the extent that such acts cause death of or injury to persons. 10.6 The Parties' sole obligations and liabilities are as stated in this Agreement and all other representations, conditions, warranties and terms express or implied whether by statute, law or otherwise are hereby excluded to the full extent permitted by law.

Exclusions and Limitations of Liability. 8.1 Scitor ITS a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm Services. Notwithstanding the foregoing or any other provision of this Precedent Agreement, Transporter will not be liable to Shipper for any damages, howsoever incurred, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Services contemplated by this Precedent Agreement. b. Transporter will not be responsible nor will this Precedent Agreement or any TSA provided hereunder be subject to cancellation if Transporter is unable to complete the construction of the expansion facilities and commence the Expansion Firm Services by the Planned Service Commencement Date. Transporter does not liable guarantee the Planned Service Commencement Date and will have no liability for any delay or change to the Planned Service Commencement Date or any cancelation or change in performing its obligations or scope of the proposed Expansion Firm Services. c. Transporter will not be responsible for any failure business decisions or contractual commitments made or inference drawn by Shipper in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to perform its obligations under the Agreement if the delay or failure results from circumstances beyond Scitor ITS' reasonable control. Scitor ITS will notify the customer in a reasonable timeframe of any delay in performing its obligations or of any failure to perform its obligations under connection with this Precedent Agreement. 8.2 EXCEPT AS EXPRESSLY CONTAINED IN THIS AGREEMENTd. Notwithstanding anything contained in this Precedent Agreement, SCITOR ITS GIVES NO WARRANTIES AND HEREBY DISCLAIMS ANY WARRANTIESneither Transporter nor Shipper shall be liable for consequential losses that relate to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, EXPRESS OR IMPLIEDtort, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR IN RELATION TO THIS AGREEMENTstrict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference to “consequential losses” include direct losses or direct damages. 8.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SCITOR ITS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES ARISING FROM THE USE OF THE SERVICE BY CUSTOMER OR BY ITS OFFICERS, EMPLOYEES, OR AGENTS OR BY ANY THIRD PARTY, WHETHER OR NOT AUTHORIZED BY CUSTOMER, EVEN IF SCITOR ITS WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCEe. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreement. 8.4 In the event that data furnished by Customers, whether transmitted via the Network or otherwise, is lost, destroyed or damaged due to the negligence of Scitor ITS, its agents or employees, Customer's sole remedy shall be the repair or replacement by Scitor ITS of such lost, destroyed or damaged data, provided however that such repair or restoration can reasonably be performed by Scitor ITS and provided, further, that Customer furnishes Scitor ITS with all source data, in machine readable form, necessary for such repair or restoration.

Exclusions and Limitations of Liability. 8.1 Scitor ITS is not liable for any delay in performing its obligations or for any failure to perform its obligations under the Agreement if the delay or failure results from circumstances beyond Scitor ITS' reasonable control6.1. Scitor ITS will notify the customer in a reasonable timeframe of any delay in performing its obligations or of any failure to perform its obligations under this Agreement. 8.2 EXCEPT AS THE WARRANTIES OF THE COMPANY IN SECTION 5 ARE EXPRESSLY CONTAINED IN THIS AGREEMENT, SCITOR ITS GIVES NO WARRANTIES AND HEREBY DISCLAIMS PLACE OF ANY OTIIER WARRANTIES, EXPRESS GUARANTEES, CONDITIONS, OBLIGATIONS OR IMPLIEDLIABIL1TIES WHICH MAY BE EXPRESSED OR IMPLIED BY THE COMPANY OR ITS REPRESENTATIVES. ALL STATUTORY AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY WARRANTY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR IN RELATION TO THIS AGREEMENTPURPOSE, AND OTHER THAN TITLE ARE HEREBY EXPRESSLY NEGATED AND EXCLUDED. 8.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SCITOR ITS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES ARISING FROM THE USE OF THE SERVICE BY CUSTOMER OR BY ITS OFFICERS, EMPLOYEES, OR AGENTS OR BY ANY THIRD PARTY, WHETHER OR NOT AUTHORIZED BY CUSTOMER, EVEN IF SCITOR ITS WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE6.2. The COMPANY shall not be bound by any representations or statement on the part of its employees or agents whether oral or in writing except where such representations' or statement are expressly made part of the CONTRACT. 8.4 In the event that data furnished by Customers, whether transmitted via the Network or otherwise, is lost, destroyed or damaged due to the negligence 6.3. The maximum liability for breach of Scitor ITS, its agents or employees, Customer's sole remedy warranty shall be the repair invoice price of the PRODUCT. 6.4. Except for the warranties in Section 5 the COMPANY shall not be liable to the CUSTOMER for any direct, indirect, consequential or replacement by Scitor ITS economic loss or damage relating to its 6.5. The CUSTOMER shall ensure that the specification of the PRODUCTS ordered is suitable and safe for the intended use of environment of use except where it makes known details of such lostuse to the COMPANY in writing prior to conclusion of the CONTRACT in such a way as clearly to place reliance on the COMPANY'S special skills. 6.6. The CUSTOMER shall handle the PRODUCTS in a suitable and safe manner and shall comply with any instructions supplied to it by the COMPANY. The CUSTOMER shall also pass on to users (including purchasers and users of other goods and equipment into which the PRODUCTS are incorporated) all relevant safety information, destroyed and shall use best efforts to cause such users to exercise due care in the handling of the PRODUCTS. 6.7. WHERE THE COMPANY EXPERIENCES TECHNICAL DIFFICULTIES IN THE PRODUCTION OF NON-STANDARD OR CUSTOM MADE PRODUCTS IT MAY CANCEL THE CONTRACT WITHOUT BEING LIABLE TO THE CUSTOMER IN ANY WAY. 6.8. Where the CUSTOMER supplies designs, drawings and specifications to the COMPANY to enable it to manufacture non-standard or damaged data, provided however custom made PRODUCTS the CUSTOMER warrants that such repair or restoration can reasonably be performed by Scitor ITS and provided, further, that Customer furnishes Scitor ITS with all source data, in machine readable form, necessary for such repair or restorationmanufacture will not infringe the intellectual property rights of any third party.

Exclusions and Limitations of Liability. 8.1 Scitor ITS The Platform and its Content are provided on an "as is" and “as available” basis and use of the Platform in any manner is not liable for any delay in performing its obligations or for any failure to perform its obligations under solely at your own risk. To the Agreement if the delay or failure results from circumstances beyond Scitor ITS' reasonable control. Scitor ITS will notify the customer in a reasonable timeframe of any delay in performing its obligations or of any failure to perform its obligations under this Agreement. 8.2 EXCEPT AS fullest extent permitted by law, Manhattan Street Capital: • DOES NOT GUARANTEE, AND EXPRESSLY CONTAINED IN THIS AGREEMENT, SCITOR ITS GIVES NO WARRANTIES EXCLUDE ALL REPRESENTATIONS AND HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT RELATING TO THE SERVICE PLATFORM AND ITS CONTENT AND PROFESSIONAL SERVICES, WHETHER PROVIDED BY MANHATTAN STREET CAPITAL, OUR AFFILIATES, OUR CUSTOMERS, COMPANIES SEEKING INVESTMENT, ADVISORS, INVESTORS OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR OTHER THIRD PARTY, INCLUDING IN RELATION TO THIS AGREEMENT. 8.3 NOTWITHSTANDING ANYTHING ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE PLATFORM, ITS CONTENT, FINANCIAL ADVICE, AND/OR MARKETING MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU; •EXCLUDES ALL LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, DELAY, OR UNAVAILABILITY OF THE CONTRARY IN THIS AGREEMENTPLATFORM AND ITS CONTENT, SCITOR INCLUDING LOSS OF MONEY, INABILITY TO CONCLUDE AN INVESTMENT, SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND FOR ANY DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS, PROGRAMS, AND THE DATA THEREON. UNDER NO CIRCUMSTANCES WILL MANHATTAN STREET CAPITAL OR ITS SHALL NOT AFFILIATES, ADVISORS AND VENDORS BE LIABLE FOR ANY DAMAGES, INCLUDING GENERAL, SPECIAL, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE ANY OTHER DAMAGES HOWSOEVER ARISING (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, SUCH DAMAGES LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT, OR NEGLIGENCE ARISING FROM OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE SERVICE BY CUSTOMER OR BY ITS OFFICERSPLATFORM, EMPLOYEESTHE CONTENT, OR AGENTS ANY THIRD-PARTY WEBSITE THAT IS LINKED TO BY THE PLATFORM, OR BY IN CONNECTION WITH ANY THIRD PARTYFAILURE OF PERFORMANCE, WHETHER ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR NOT AUTHORIZED BY CUSTOMERTRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF SCITOR ITS WAS MADE AWARE MANHATTAN STREET CAPITAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 8.4 In DAMAGES, LOSSES, OR EXPENSES. • Is not liable for any defamatory, offensive or illegal conduct of any Platform user. Your sole remedy for dissatisfaction with the event Platform is to stop using the Platform. If using materials from the Platform results in the need for servicing, repair or correction of equipment or data, you assume any costs; and, • If any or all the foregoing limitations are found to be invalid, in whole or in part, you agree that data furnished our total liability for all damages, losses, or causes of action of any kind or nature shall be limited to compensatory damages and limited to the greatest extent permitted by CustomersApplicable Law. Indemnification Terms By using the Platform for Offerings to seek investments or loans on or through use of the Platform software, whether transmitted via or to seek feedback, including reservations on a potential fundraising and the Network potential offering of securities for purchase Company representatives individually and on behalf of their Company hereby agree to indemnify, defend and hold Manhattan Street Capital, shareholders, investors, officers, directors, employees, consultants, advisors, service providers, suppliers, vendors, advertisers, agents (“Related Parties”) and its affiliates and their Related Parties in accordance with these Indemnification Terms. The Indemnification Terms constitute Agreed Terms hereunder. You are cautioned and advised to review the Indemnification Terms in full. Company agrees to indemnify and hold harmless Manhattan Street Capital (“MSC”) and its respective directors, officers, employees, agents and controlling persons (MSC and each such person being an “Indemnified Party”) from and against all losses, claims, damages and liabilities (or actions, including shareholder actions, in respect thereof), joint or several, to which such Indemnified Party may become subject under any applicable federal or state law, or otherwise, which are related to or result from the performance by MSC of the services contemplated by or the engagement of MSC and will promptly reimburse any Indemnified Party for all reasonable expenses (including reasonable counsel fees and expenses) as they are incurred in connection with the investigation of, preparation for or defense arising from any threatened or pending claim, whether or not such Indemnified Party is losta party and whether or not such claim, destroyed action or damaged due proceeding is initiated or brought by the Company. The Company will not be liable to any Indemnified Party under the foregoing indemnification and reimbursement provisions:, (i) for any settlement by an Indemnified Party affected without its prior written consent (not to be unreasonably withheld); or (ii) to the negligence extent that any loss, claim, damage or liability is found in a final, non-appealable judgment by a court of Scitor ITScompetent jurisdiction to have resulted primarily from MSC’s willful misconduct or gross negligence. The Company also agrees that no Indemnified Party shall have any liability (whether direct or indirect, in contract or tort or otherwise) to the Company or its agents security holders or employeescreditors related to or arising out of the engagement of MSC pursuant to, Customer's sole remedy or the performance by MSC of the services contemplated by, the Agreement except to the extent that any loss, claim, damage or liability is found in a final, non-appealable judgment by a court of competent jurisdiction to have resulted primarily from MSC’s willful misconduct or gross negligence. Promptly after receipt by an Indemnified Party of notice of any intention or threat to commence an action, suit or proceeding or notice of the commencement of any action, suit or proceeding, such Indemnified Party will, if a claim in respect thereof is to be made against the Company pursuant hereto, promptly notify the Company in writing of the same. In case any such action is brought against any Indemnified Party and such Indemnified Party notifies the Company of the commencement thereof, the Company may elect to assume the defense thereof, with counsel reasonably satisfactory to such Indemnified Party, and an Indemnified Party may employ counsel to participate in the defense of any such action provided, that the employment of such counsel shall be at the repair or replacement by Scitor ITS Indemnified Party’s own expense, unless (i) the employment of such lostcounsel has been authorized in writing by the Company, destroyed (ii) the Indemnified Party has reasonably concluded (based upon advice of counsel to the Indemnified Party) that there may be legal defenses available to it or damaged dataother Indemnified Parties that are different from or in addition to those available to the Company, provided however or that a conflict or potential conflict exists (based upon advice of counsel to the Indemnified Party) between the Indemnified Party and the Company that makes it impossible or inadvisable for counsel to the Indemnifying Party to conduct the defense of both the Company and the Indemnified Party (in which case the Company will not have the right to direct the defense of such repair action on behalf of the Indemnified Party), or restoration can (iii) the Company has not in fact employed counsel reasonably satisfactory to the Indemnified Party to assume the defense of such action within a reasonable time after receiving notice of the action, suit or proceeding, in each of which cases the reasonable fees, disbursements and other charges of such counsel will be performed by Scitor ITS and at the expense of the Company; provided, further, that Customer furnishes Scitor ITS with all source datain no event shall the Company be required to pay fees and expenses for more than one firm of attorneys (in addition to local counsel) representing Indemnified Parties unless the defense of one Indemnified Party is unique or separate from that of another Indemnified Party subject to the same claim or action. Any failure or delay by an Indemnified Party to give the notice referred to in this paragraph shall not affect such Indemnified Party’s right to be indemnified hereunder, except to the extent that such failure or delay causes actual harm to the Company, or prejudices its ability to defend such action, suit or proceeding on behalf of such Indemnified Party. If the indemnification provided for in the Agreement is for any reason held unenforceable by or unavailable to an Indemnified Party, the Company agrees to contribute to the losses, claims, damages and liabilities for which such indemnification is held unenforceable or unavailable (i) in such proportion as is appropriate to reflect the relative benefits to the Company, on the one hand, and MSC, on the other hand, of the Agreement and any potential offering or, (ii) if (but only if) the allocation provided for in clause (i) is for any reason unenforceable or unavailable, in machine readable formsuch proportion as is appropriate to reflect not only the relative benefits referred to in clause (i) but also the relative fault of the Company, necessary on the one hand, and MSC, on the other hand, as well as any other relevant equitable considerations. The Company agrees that for the purposes of this paragraph the relative benefits to the Company and MSC of the Agreement and any potential offering as contemplated shall be deemed to be in the same proportion that the total value received or contemplated to be received by the Company or its shareholders, as the case may be, as a result of or in connection with the Agreement and any potential offering bear to the fees paid or to be paid to MSC under the Agreement. Notwithstanding the foregoing, the Company expressly agrees that MSC shall not be required to contribute any amount in excess of the amount by which fees paid MSC hereunder (excluding reimbursable expenses), exceeds the amount of any damages which MSC has otherwise been required to pay. The Company agrees that without MSC’s prior written consent, which shall not be unreasonably withheld, it will not, and will not permit any of its affiliates to, settle, compromise or consent to the entry of any judgment in any pending or threatened claim, action or proceeding in respect of which indemnification or contribution could be sought under the provisions of the Agreement, unless such repair settlement, compromise or restorationconsent includes an unconditional release of each Indemnified Party from all liability arising out of such claim, action or proceeding. In the event that an Indemnified Party is requested or required to appear as a witness in any action brought by or on behalf of or against the Company in which such Indemnified Party is not named as a defendant, the Company agrees to promptly reimburse MSC on a monthly basis for all expenses incurred by it in connection with such Indemnified Party’s appearing and preparing to appear as such a witness, including, without limitation, the reasonable fees and disbursements of its legal counsel. In addition to any reimbursed fees, expenses or costs outlined hereunder, MSC shall also receive from the Company cash compensation of $2,000.00 per person, per day, plus reasonable out-of-pocket expenses and costs should MSC be required to provide testimony in any formal or informal proceeding regarding the Company. If multiple claims are brought with respect to at least one of which indemnification is permitted under applicable law and provided for under the Agreement, the Company agrees that any judgment or arbitration award shall be conclusively deemed to be based on claims as to which indemnification is permitted and provided for, except to the extent the judgment or arbitration award expressly states that it, or any portion thereof, is based solely on a claim as to which indemnification is not available. Waiver and Severance Failure of Manhattan Street Capital to insist upon strict performance of any provision of the Agreed Terms or the failure of Manhattan Street Capital to exercise any right or remedy to which it is entitled shall not constitute a waiver thereof and shall not affect the validity of the Agreed Terms, or any part, or Manhattan Street Capital's right to enforce each and every provision. If any of the Agreed Terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from the Agreed Terms and the remaining Agreed Terms will continue to apply. Choice of Law, Time Limit and Arbitration The laws of the State of Delaware govern these Agreed Terms. Manhattan Street Capital makes no representation that the Platform is operated in compliance with the laws of any nation but the United States. If you are located outside the United States, you view this website and access the Platform at your own risk and initiative. This Platform and the Content posted on it or made available through it shall not constitute an offer or solicitation and may not be treated as an offer or solicitation: (i) in any jurisdiction where such an offer or solicitation is against the law; (ii) to anyone to whom it is unlawful to make such an offer or solicitation; or (iii) if the person making the offer or solicitation is not qualified to do so. Any securities that may be offered on the Platform can only be marketed in certain jurisdictions. You acknowledge and agree that it is solely your responsibility to be aware of the applicable laws and regulations of your country of residence. You must bring all disputes with Manhattan Street Capital within one year of obtaining knowledge of the cause of action forming the basis of the dispute. By accessing the Platform you agree that in the event of any dispute between you and Manhattan Street Capital and its Related Parties, and its affiliates and their Related Parties, you will first attempt in good faith to resolve any dispute by negotiation between MSC and a representative of the Company who has authority to settle the controversy on behalf of the Company. Either party may give the other party written notice of any dispute not resolved in the normal course of business. Within five (5) days after delivery of notice of any dispute, the receiving party shall submit to the other a written response. The notice and the response shall include a statement of each party’s position, a summary of arguments supporting that position and shall include a reference to any authority available to support the position. Within fifteen (15) days after delivery of the disputing party’s notice, the parties shall meet in person at a mutually acceptable time and place, or by phone, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored.

Exclusions and Limitations of Liability. 8.1 Scitor ITS is not 10.1 Neither Party will be liable for any delay in performing its obligations or for any failure to perform its obligations under the Agreement if the delay or failure results from circumstances beyond Scitor ITS' the reasonable control. Scitor ITS will notify the customer in a reasonable timeframe control of any delay in performing its obligations or of any failure to perform its obligations under this Agreementeither Party. 8.2 10.2 EXCEPT AS EXPRESSLY CONTAINED IN THIS AGREEMENT, SCITOR ITS GIVES MAKES NO WARRANTIES AND HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR IN RELATION TO THIS THE AGREEMENT. 8.3 10.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SCITOR ITS NEITHER PARTY SHALL NOT BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL OR PUNITIVE DAMAGES HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, SUCH ANY DAMAGES ARISING FROM THE USE OF THE SERVICE BY CUSTOMER FOR LOST TIME, INCOME, REVENUE, CLIENTS GOODWILL, PROFITS OR BY ITS OFFICERS, EMPLOYEESOTHER SIMILAR ITEMS, OR AGENTS OR BY ANY THIRD PARTY, WHETHER OR NOT AUTHORIZED BY CUSTOMER, BUSINESS INTERRUPTION OF ANY KIND EVEN IF SCITOR ITS WAS MADE AWARE THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 8.4 10.4 In the event that data furnished by CustomersCustomer, whether transmitted via the Network or otherwise, is lost, destroyed or damaged due to the negligence of Scitor ITS, its agents or employees, Customer's sole remedy shall be the repair or replacement by Scitor ITS of such lost, destroyed or damaged data, provided however that such repair or restoration can reasonably be performed by Scitor ITS and provided, further, that Customer furnishes Scitor ITS with all source data, in machine readable form, necessary for such repair or restoration. 10.5 Subject to Clauses 10.3 and 10.4, and without prejudice to Customer's obligation to pay any charges hereunder for Service rendered, the Parties' maximum liability to each other under this Agreement is limited in respect of each event or series of connected events as follows: $1,000,000 in respect of physical damage to or loss of tangible property; $100,000 in respect of all other events other than intentional acts or acts of negligence by a Party, its employees or agents, to the extent that such acts cause death of or injury to persons. 10.6 The Parties' sole obligations and liabilities are as stated in this Agreement and all other representations, conditions, warranties and terms express or implied whether by statute, law or otherwise are hereby excluded to the full extent permitted by law.

Exclusions and Limitations of Liability. 8.1 Scitor ITS The warranties relating to Year 2000 and the Euro shall not apply if: (i) the project is modified or altered by CME or any entity other than Euronext and/or its affiliates; provided that, but for such modification or alteration, the project would be Year 2000 and Euro compliant; or (ii) the operating system, computer hardware elements (including, but not liable limited to, micro-code, BIOS and real time clock), any third-party software, any interface to third-party software, and/or any price feed or other third-party data, cause the project, directly or indirectly, to fail to be Year 2000 or Euro compliant. Euronext's sole obligation and CME's sole remedy with respect to these Year 2000 and Euro-related representations and warranties is for any delay in performing its obligations or for any failure Euronext to perform its obligations under use commercially reasonable efforts to correct the Agreement if the delay or failure results from circumstances beyond Scitor ITS' reasonable controlproject. Scitor ITS will notify the customer in a reasonable timeframe of any delay in performing its obligations or of any failure to perform its obligations under this Agreement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uronext's liability for defects or malfunctions in any project shall be limited to correction of those defects or malfunctions. For any breach of any other provisions of this Agreement relating to development work, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES ARISING FROM THE USE OF THE SERVICE BY CUSTOMER OR BY ITS OFFICERS, EMPLOYEES, OR AGENTS OR BY ANY THIRD PARTY, WHETHER OR NOT AUTHORIZED BY CUSTOMER, EVEN IF SCITOR ITS WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 8.4 In the event that data furnished by Customers, whether transmitted via the Network or otherwise, is lost, destroyed or damaged due to the negligence of Scitor ITS, its agents or employees, CustomerCME's sole exclusive remedy shall be the repair recovery of its direct damages. Euronext's liability for damages to the CME, regardless of the form or replacement by Scitor ITS cause of such lostaction, destroyed whether in contract or damaged datain tort, provided however that such repair or restoration can reasonably be performed by Scitor ITS and providedincluding negligence, further, that Customer furnishes Scitor ITS with all source datashall not, in machine readable formthe aggregate, necessary exceed the amounts paid to Euronext by the CME for such repair the project at issue. In no event shall either the CME or restorationEuronext be liable to the other or have a remedy for the recovery of any special, indirect or consequential or incidental damages, whether foreseeable or not, even if the applicable party has been advised of the possibility thereof, including, but not limited to, lost profits, lost revenues, failure to realize expected savings, or other commercial or economic loss of any kind.

Exclusions and Limitations of Liability. 8.1 Scitor ITS is not 8.1. Neither Party will be liable for any indirect, incidental or consequential loss or damages, howsoever arising, including loss of use or data or lost time, revenue, profits, goodwill of clients or any business interruption of any kind even if advised of the possibility of such damages. 8.2. Except for completing any payment obligations, which Customer shall satisfy as soon as practicable following a Force Majeure Event that initially prevents Customer from meeting its payment obligations in a timely manner but in any case within thirty (30) days of the Force Majeure Event, neither Party will be liable for any delay in performing its obligations or for any failure to perform its obligations under the Agreement if the delay or failure results from circumstances beyond Scitor ITS' reasonable control. Scitor ITS will notify the customer in a reasonable timeframe consequences of any delay in performing its obligations or fulfilling any of any failure to perform its obligations under this AgreementAgreement if such delay is due to a Force Majeure Event. 8.2 EXCEPT AS EXPRESSLY CONTAINED IN 8.3. Equant will have no liability in contract, tort or otherwise for any claim of unauthorized access of Customer's or any Users' transmission facilities or equipment, or for unauthorized access to, or alteration, theft or destruction of Customer's or any Users' data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, except to the extent caused by Equant's willful misconduct or gross negligence. 8.4. EACH PARTY'S LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT, SCITOR ITS GIVES NO WARRANTIES AND HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS WHETHER IN CONTRACT OR IMPLIEDIN TORT, INCLUDING ANY WARRANTY NEGLIGENCE, WILL BE LIMITED, FOR EACH EVENT OR SERIES OF MERCHANTABILITY OR FITNESS CONNECTED EVENTS, AS FOLLOWS: (A) FOR A PARTICULAR PURPOSE FAILURE TO COMPLY WITH RESPECT THE SERVICE LEVELS SET OUT IN THE SERVICE ANNEXES, TO THE SERVICE AMOUNT OF CREDITS SET OUT IN THE RELEVANT SLA; (B) FOR DAMAGE OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR IN RELATION TO THIS AGREEMENTDESTRUCTION OF TANGIBLE PROPERTY, *; * Confidential portions omitted and filed separately with the Securities and Exchange Commission. 8.3 NOTWITHSTANDING ANYTHING (C) FOR ALL OTHER EVENTS, * OR THE CHARGES INCURRED IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CAUSE OF ACTION UNDER THE ORDER TO WHICH THE CONTRARY CLAIM RELATES, WHICHEVER IS THE GREATER. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT, SCITOR ITS SHALL CLAUSE 8.4 DO NOT BE LIABLE APPLY TO CLAUSES 5 AND 7 OR TO CLAIMS FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL DEATH OR PUNITIVE DAMAGES HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES ARISING FROM THE USE OF THE SERVICE BY CUSTOMER OR BY ITS OFFICERS, EMPLOYEES, OR AGENTS OR BY ANY THIRD PARTY, WHETHER OR NOT AUTHORIZED BY CUSTOMER, EVEN IF SCITOR ITS WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCEPERSONAL INJURY. 8.4 In the event that data furnished by Customers, whether transmitted via the Network or otherwise, is lost, destroyed or damaged due to the negligence of Scitor ITS, its agents or employees, Customer's sole remedy shall be the repair or replacement by Scitor ITS of such lost, destroyed or damaged data, provided however that such repair or restoration can reasonably be performed by Scitor ITS and provided, further, that Customer furnishes Scitor ITS with all source data, in machine readable form, necessary for such repair or restoration.

Exclusions and Limitations of Liability. 8.1 Scitor ITS is not liable for any delay in performing its obligations or for any failure to perform its obligations under the Agreement if the delay or failure results from circumstances beyond Scitor ITS' reasonable controlIN NO EVENT SHALL ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇, INC. Scitor ITS will notify the customer in a reasonable timeframe of any delay in performing its obligations or of any failure to perform its obligations under this Agreement. 8.2 EXCEPT AS EXPRESSLY CONTAINED IN THIS AGREEMENTBE LIABLE TO CUSTOMER OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION CUSTOMER’S CLIENTS) FOR ANY SPECIAL, SCITOR ITS GIVES NO WARRANTIES AND HEREBY DISCLAIMS ANY WARRANTIESCONSEQUENTIAL, EXPRESS EXEMPLARY OR IMPLIEDINCIDENTAL DAMAGES, INCLUDING ANY WARRANTY CLAIMS FOR LOST PROFITS, ARISING FROM THE PROVISION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT FAILURE TO PROVIDE SERVICES HEREUNDER, EVEN IF ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇, INC. HAS BEEN ADVISED OF THE SERVICE OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR IN RELATION TO THIS AGREEMENT. 8.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTPOSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇, SCITOR ITS SHALL INC. WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL CLAIM OR PUNITIVE DAMAGES HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES ARISING FROM DEMAND AGAINST CUSTOMER BY ANY OTHER PARTY. DUE TO THE USE NATURE OF THE SERVICE SERVICES BEING PERFORMED BY ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇, INC., IT IS AGREED THAT IN NO EVENT ▇▇▇▇ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇, INC. BE LIABLE FOR ANY CLAIM, LOSS, LIABILITY, CORRECTION, COST, DAMAGE, OR EXPENSE CAUSED BY ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇, INC.’S PERFORMANCE OR FAILURE TO PERFORM HEREUNDER WHICH IS NOT REPORTED BY CUSTOMER OR BY ITS OFFICERS, EMPLOYEES, OR AGENTS OR BY ANY THIRD PARTY, WHETHER OR NOT AUTHORIZED BY CUSTOMER, EVEN IF SCITOR ITS WAS MADE AWARE OF THE POSSIBILITY WITHIN THIRTY (30) DAYS OF SUCH DAMAGES IN ADVANCE. 8.4 In FAILURE TO PERFORM. 14. Force Majeure. ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇, Inc. shall not be liable to Customer by reason of any failure in performance of this Agreement in accordance with its terms if such failure arises out of causes beyond the event that data furnished by Customers, whether transmitted via reasonable control and without the Network fault or otherwise, is lost, destroyed or damaged due to the negligence of Scitor ITS▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇, Inc. or its agents or employeessubcontractors. Such causes may include, but are not limited to, unavailability of communications facilities, acts of God, acts of the public enemy, Customer's sole remedy shall be the repair ’s actions or replacement by Scitor ITS failure to act, acts of such lostcivil or military authority, destroyed governmental priorities, fires, floods, strikes, unavailability of labor, materials, or damaged dataenergy sources, provided however that such repair delay in transportation, riots or restoration can reasonably be performed by Scitor ITS and provided, further, that Customer furnishes Scitor ITS with all source data, in machine readable form, necessary for such repair or restorationwar.

Exclusions and Limitations of Liability. 8.1 Scitor ITS is not liable for any delay in performing its obligations or for any failure to perform its obligations under the Agreement if the delay or failure results from circumstances beyond Scitor ITS' reasonable controlA. ACCESSING AND USING THE RTTL AND RTTL DATA IS SOLELY AT YOUR RISK. Scitor ITS will notify the customer in a reasonable timeframe of any delay in performing its obligations or of any failure to perform its obligations under this Agreement. 8.2 EXCEPT AMTSO PROVIDES THE RTTL AND RTTL DATA SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND AMTSO EXPRESSLY CONTAINED IN THIS AGREEMENTDISCLAIMS ALL EXPRESS, SCITOR ITS GIVES NO IMPLIED AND STATUTORY WARRANTIES AND HEREBY DISCLAIMS OF ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR IN RELATION TO THIS AGREEMENT. 8.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SCITOR ITS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWSOEVER ARISING KIND INCLUDING, BUT NOT LIMITED TO, SUCH THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONTINUOUS OPERATION, COMPLETENESS, QUALITY, ACCURACY, AND NON-­‐INFRINGEMENT. AMTSO MAKES NO REPRESENTATION OR WARRANTY THAT THE RTTL AND RTTL DATA WILL MEET YOUR REQUIREMENTS, BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE, OR ERROR-­‐FREE, OR THAT YOUR INFORMATION WILL BE SECURE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMTSO, ANY RTTL USER, OR THROUGH THE RTTL CREATES ANY REPRESENTATION OR WARRANTY OF ANY KIND. B. AMTSO shall have no obligation to update the RTTL or RTTL Data, and does not make any determination as to whether any sample actually constitutes malware or whether any Query Results are accurately returned. AMTSO has no obligation to verify or authenticate any RTTL Data, including any Query Results, malware samples or metadata. C. AMTSO IS NOT RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM DIRECTLY OR INDIRECTLY OUT OF THE ACCESSING OR USE OF THE SERVICE BY CUSTOMER RTTL AND/OR BY ITS OFFICERSRTTL DATA, EMPLOYEESINCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES, OR AGENTS ATTORNEYS’ FEES, REGARDLESS OF WHETHER ANY PERSON OR BY ANY THIRD PARTY, WHETHER OR NOT AUTHORIZED BY CUSTOMER, EVEN IF SCITOR ITS ENTITY WAS MADE AWARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCEAND REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE. 8.4 In D. YOU HEREBY RELEASE AND WAIVE ALL CLAIMS, DAMAGES AND LOSSES OF ANY KIND, KNOWN AND UNKNOWN, YOU MAY HAVE AGAINST AMTSO AND ANY RTTL USER, AND AGAINST EACH OF AMTSO’S AND ANY RTTL USER’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE RTTL AND/OR RTTL DATA. E. ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE ACCESSED THROUGH YOUR USE OF THE RTTL IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK, PRODUCTS OR SERVICES THAT RESULTS THEREFROM. YOU AGREE THAT AMTSO HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY RTTL DATA, OR TO MAINTAIN THE RTTL. AMTSO RETAINS THE RIGHT TO LIMIT OR TERMINATE YOUR USE OF THE RTTL DATA AT AMTSO’S SOLE DISCRETION AT ANY TIME WITH OR WITHOUT NOTICE. F. RTTL Users shall exercise caution and not upload, download or use any RTTL Data that may result in criminal or civil liability under any applicable laws or regulations including, without limitation, the event that data furnished by Customerslaws of the United States of America and any applicable laws and regulations in the jurisdiction where the RTTL User lives, whether transmitted via works or provides or accesses RTTL Data. G. Some states or jurisdictions do not allow the Network types of disclaimers in this section, so they may not apply to you either in part or otherwise, is lost, destroyed or damaged due to the negligence of Scitor ITS, its agents or employees, Customer's sole remedy shall be the repair or replacement by Scitor ITS of such lost, destroyed or damaged data, provided however that such repair or restoration can reasonably be performed by Scitor ITS and provided, further, that Customer furnishes Scitor ITS with all source data, in machine readable form, necessary for such repair or restorationfull.

Exclusions and Limitations of Liability. 8.1 Scitor ITS a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm Service. Notwithstanding the foregoing or any other provision of the Precedent Agreement, Transporter will not be liable to Shipper for any damages, howsoever incurred, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Service contemplated by this Precedent Agreement. b. Transporter will not be responsible nor will the Precedent Agreement or any TA provided hereunder be subject to cancellation if Transporter is unable to complete the construction of the expansion facilities and commence the Expansion Firm Service by the Planned Service Commencement Date. Transporter does not liable guarantee the Planned Service Commencement Date and will have no liability for any delay or change to the Planned Service Commencement Date or any cancelation or change in performing its obligations or scope of the proposed Expansion Firm Service. c. Transporter will not be responsible for any failure business decisions or contractual commitments made or inference drawn by ▇▇▇▇▇▇▇ in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to perform its obligations under the Agreement if the delay or failure results from circumstances beyond Scitor ITS' reasonable control. Scitor ITS will notify the customer in a reasonable timeframe of any delay in performing its obligations or of any failure to perform its obligations under connection with this Precedent Agreement. 8.2 EXCEPT AS EXPRESSLY CONTAINED IN THIS AGREEMENTd. Notwithstanding anything contained in this Precedent Agreement, SCITOR ITS GIVES NO WARRANTIES AND HEREBY DISCLAIMS ANY WARRANTIESneither Transporter nor Shipper shall be liable for consequential losses that relate to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, EXPRESS OR IMPLIEDtort, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR IN RELATION TO THIS AGREEMENTstrict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference to “consequential losses” include direct losses or direct damages. 8.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SCITOR ITS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES ARISING FROM THE USE OF THE SERVICE BY CUSTOMER OR BY ITS OFFICERS, EMPLOYEES, OR AGENTS OR BY ANY THIRD PARTY, WHETHER OR NOT AUTHORIZED BY CUSTOMER, EVEN IF SCITOR ITS WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCEe. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreement. 8.4 In the event that data furnished by Customers, whether transmitted via the Network or otherwise, is lost, destroyed or damaged due to the negligence of Scitor ITS, its agents or employees, Customer's sole remedy shall be the repair or replacement by Scitor ITS of such lost, destroyed or damaged data, provided however that such repair or restoration can reasonably be performed by Scitor ITS and provided, further, that Customer furnishes Scitor ITS with all source data, in machine readable form, necessary for such repair or restoration.

Exclusions and Limitations of Liability. 8.1 Scitor ITS is not liable for any delay in performing its obligations or for any failure to perform its obligations under the Agreement if the delay or failure results from circumstances beyond Scitor ITS' reasonable controlA. ACCESSING AND USING THE RTTL AND RTTL DATA IS SOLELY AT YOUR RISK. Scitor ITS will notify the customer in a reasonable timeframe of any delay in performing its obligations or of any failure to perform its obligations under this Agreement. 8.2 EXCEPT AMTSO PROVIDES THE RTTL AND RTTL DATA SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND AMTSO EXPRESSLY CONTAINED IN THIS AGREEMENTDISCLAIMS ALL EXPRESS, SCITOR ITS GIVES NO IMPLIED AND STATUTORY WARRANTIES AND HEREBY DISCLAIMS OF ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR IN RELATION TO THIS AGREEMENT. 8.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SCITOR ITS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWSOEVER ARISING KIND INCLUDING, BUT NOT LIMITED TO, SUCH THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONTINUOUS OPERATION, COMPLETENESS, QUALITY, ACCURACY, AND NON-INFRINGEMENT. AMTSO MAKES NO REPRESENTATION OR WARRANTY THAT THE RTTL AND RTTL DATA WILL MEET YOUR REQUIREMENTS, BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE, OR ERROR-FREE, OR THAT YOUR INFORMATION WILL BE SECURE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMTSO, ANY RTTL USER, OR THROUGH THE RTTL CREATES ANY REPRESENTATION OR WARRANTY OF ANY KIND. B. AMTSO shall have no obligation to update the RTTL or RTTL Data, and does not make any determination as to whether any sample actually constitutes malware or whether any Query Results are accurately returned. AMTSO has no obligation to verify or authenticate any RTTL Data, including any Query Results, malware samples or metadata. C. AMTSO IS NOT RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM DIRECTLY OR INDIRECTLY OUT OF THE ACCESSING OR USE OF THE SERVICE BY CUSTOMER RTTL AND/OR BY ITS OFFICERSRTTL DATA, EMPLOYEESINCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES, OR AGENTS ATTORNEYS’ FEES, REGARDLESS OF WHETHER ANY PERSON OR BY ANY THIRD PARTY, WHETHER OR NOT AUTHORIZED BY CUSTOMER, EVEN IF SCITOR ITS ENTITY WAS MADE AWARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCEAND REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE. 8.4 In ▇. ▇▇▇ ▇▇▇▇▇▇ RELEASE AND WAIVE ALL CLAIMS, DAMAGES AND LOSSES OF ANY KIND, KNOWN AND UNKNOWN, YOU MAY HAVE AGAINST AMTSO AND ANY RTTL USER OR NON- MEMBER, AND AGAINST EACH OF AMTSO’S AND ANY RTTL USER’S OR NON-MEMBER’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE RTTL AND/OR RTTL DATA. E. ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE ACCESSED THROUGH YOUR USE OF THE RTTL IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK, PRODUCTS OR SERVICES THAT RESULTS THEREFROM. YOU AGREE THAT AMTSO HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY RTTL DATA, OR TO MAINTAIN THE RTTL. AMTSO RETAINS THE RIGHT TO LIMIT OR TERMINATE YOUR USE OF THE RTTL DATA AT AMTSO’S SOLE DISCRETION AT ANY TIME WITH OR WITHOUT NOTICE. F. RTTL Users, and Non-Members, as applicable, shall exercise caution and not upload, download or use any RTTL Data that may result in criminal or civil liability under any applicable laws or regulations including, without limitation, the event that data furnished by Customerslaws of the United States of America and any applicable laws and regulations in the jurisdiction where the RTTL User or Non-Member lives, whether transmitted via works or provides or accesses RTTL Data. G. Some states or jurisdictions do not allow the Network types of disclaimers in this section, so they may not apply to you either in part or otherwise, is lost, destroyed or damaged due to the negligence of Scitor ITS, its agents or employees, Customer's sole remedy shall be the repair or replacement by Scitor ITS of such lost, destroyed or damaged data, provided however that such repair or restoration can reasonably be performed by Scitor ITS and provided, further, that Customer furnishes Scitor ITS with all source data, in machine readable form, necessary for such repair or restorationfull.

Exclusions and Limitations of Liability. 8.1 Scitor ITS a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm Service. Notwithstanding the foregoing or any other provision of the Precedent Agreement, Transporter will not be liable to Shipper for any damages, howsoever incurred, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Service contemplated by this Precedent Agreement. b. Transporter will not be responsible nor will the Precedent Agreement or any TA provided hereunder be subject to cancellation if Transporter is unable to complete the construction of the expansion facilities and commence the Expansion Firm Service by the Planned Service Commencement Date. Transporter does not liable guarantee the Planned Service Commencement Date and will have no liability for any delay or change to the Planned Service Commencement Date or any cancelation or change in performing its obligations or scope of the proposed Expansion Firm Service. c. Transporter will not be responsible for any failure business decisions or contractual commitments made or inference drawn by Shipper in reliance on this Precedent Agreement or in reliance on actions taken or disclosures made pursuant to perform its obligations under the Agreement if the delay or failure results from circumstances beyond Scitor ITS' reasonable control. Scitor ITS will notify the customer in a reasonable timeframe of any delay in performing its obligations or of any failure to perform its obligations under connection with this Precedent Agreement. 8.2 EXCEPT AS EXPRESSLY CONTAINED IN THIS AGREEMENTd. Notwithstanding anything contained in this Precedent Agreement, SCITOR ITS GIVES NO WARRANTIES AND HEREBY DISCLAIMS ANY WARRANTIESneither Transporter nor Shipper shall be liable for consequential losses that relate to or arise out of this Precedent Agreement or its termination regardless of whether such losses arise pursuant to contract, EXPRESS OR IMPLIEDtort, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY EQUIPMENT OR SOFTWARE PROVIDED UNDER OR IN RELATION TO THIS AGREEMENTstrict liability or other fault of either Transporter or Shipper. Reference to “consequential” losses shall include all consequential or indirect losses, loss or anticipated loss of profit, loss or anticipated loss of revenue, loss or anticipated loss of business opportunity or business interruption. In no event shall reference to “consequential losses” include direct losses or direct damages. 8.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SCITOR ITS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES ARISING FROM THE USE OF THE SERVICE BY CUSTOMER OR BY ITS OFFICERS, EMPLOYEES, OR AGENTS OR BY ANY THIRD PARTY, WHETHER OR NOT AUTHORIZED BY CUSTOMER, EVEN IF SCITOR ITS WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCEe. Failure of either party to pursue any remedy resulting from a breach of this Precedent Agreement by the other party shall not be construed as a waiver of that breach or any subsequent or other breach of this Precedent Agreement. 8.4 In the event that data furnished by Customers, whether transmitted via the Network or otherwise, is lost, destroyed or damaged due to the negligence of Scitor ITS, its agents or employees, Customer's sole remedy shall be the repair or replacement by Scitor ITS of such lost, destroyed or damaged data, provided however that such repair or restoration can reasonably be performed by Scitor ITS and provided, further, that Customer furnishes Scitor ITS with all source data, in machine readable form, necessary for such repair or restoration.