Common use of WARRANTY; LIMITATION OF LIABILITY Clause in Contracts

WARRANTY; LIMITATION OF LIABILITY. Chobani represents and warrants to Customer that, as of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerce. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL CHOBANI BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISE, EVEN IF CHOBANI HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS.

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

WARRANTY; LIMITATION OF LIABILITY. Chobani represents and warrants to Customer thatA. Limited Product Warranty. Provided Purchaser has notified SKYNET, as of in writing, within the fixed warranty period (one year from the date of shipment Installation Sign Off), SKYNET will, at their discretion and at no charge, either repair, exchange or replace a defective SKYNET product provided to Purchaser if it is returned complete to SKYNET during the warranty period. Purchaser will be responsible for the labor to remove and reinstall the product(s) from Purchaser’s premises. This warranty is conditioned on (ai) Chobani has the right to convey good title to Productsproducts being installed, repaired or altered only by SKYNET authorized personnel, (bii) no unauthorized components having been incorporated into any SKYNET product, (iii) no force majeure having occurred causing, in whole or in part, a security issue and (iv) the Product products being operated and maintained properly. The foregoing is the only warranty and is Purchaser’s sole and exclusive remedy under this Agreement. When a product is repaired, exchanged or replaced during the one (1) year warranty period, the warranty does not adulterated renew or misbranded within the meaning of the Federal Foodreset. B. DISCLAIMER OF ALL OTHER WARRANTIES. SKYNET HEALTHCARE TECHNOLOGIES, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerceINC. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KINDOTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, SOFTWARE OR SERVICES OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY WARRANTY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSEANY PURPOSE (WHETHER OR NOT SKYNET KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR NONINFRINGEMENT IS OTHERWISE IN FACT AWARE OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTSANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. IN NO EVENT SHALL CHOBANI BE LIABLE ADDITION, SKYNET HEALTHCARE TECHNOLOGIES, INC. EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, DAMAGE PERSON OTHER THAN PURCHASER WITH RESPECT TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISE, EVEN IF CHOBANI HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE SOFTWARE OR IN COMBINATION WITH OTHER PRODUCTSSERVICES OR ANY PART THEREOF. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR NON-CONFORMING SERVICES IS THE REPERFORMANCE OF NON-CONFORMING SERVICES AT SKYNET’S EXPENSE. IF SKYNET IS UNABLE TO REMEDY ANY DEFICIENT SERVICES WITHIN THIRTY (30) DAYS OF NOTICE OR SUCH ADDITIONAL TIME AS MAY BE AGREED UPON BY THE PARTIES, SKYNET WILL REFUND CUSTOMER ANY FEES PAID FOR THE SPECIFIC NON-CONFORMING SERVICES.

WARRANTY; LIMITATION OF LIABILITY. Chobani represents and warrants to Customer thatThere are no express or implied warranties for value added services, as of services bundled with the date of shipment (a) Chobani has prod- ucts, or other services provided by the right to convey good title to ProductsCompany. COPIES OF THE MANUFACTURERS’ WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING THE COMPANY. THE COMPANY MAKES NO OTHER WARRANTIES WHATSOEVER, (b) the Product is not adulterated or misbranded within the meaning of the Federal FoodWHETHER EXPRESS OR IMPLIED BY LAW, DrugCOURSE OF DEALING, and Cosmetic ActCOURSE OF PERFORMANCE, and (c) the Product is not an article which may not be introduced into interstate commerce. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCEUSAGE OF TRADE OR OTHERWISE, CHOBANI HEREBY DISCLAIMS AND ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIEDOTHER WAR- RANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. CUSTOMER IS RESPONSIBLE FOR INSTALLATION AND USE IN ACCORDANCE WITH MANUFACTURERS’ INSTRUCTIONS AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR CUSTOMER’S IMPROPER SELECTION OF A PRODUCT FOR A PARTIC- ULAR APPLICATION OR NONINFRINGEMENT OTHERWISE. NO WARRANTY WILL APPLY IF ITS PRODUCTS ARE IN ANY WAY ALTERED OR MODIFIED AFTER DELIVERY BY THE COMPANY OR DEFECT OR FAILURE ARISES BECAUSE CUSTOMER FAILED TO FOLLOW COMPANY’S INSTRUCTIONS AS TO THE STOR- AGE, INSTALLATION, COMMISSIONING, USE OR MAINTENANCE OF THIRD PARTY INTELLECTUAL THE GOODS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CON- TAINED HEREIN OR IN ANY OTHER AGREEMENT AMONG THE PARTIES, (A) THE COMPANY’S LIABILITY ON ANY CLAIM ARISING OUT OF THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR CONNECTED IN ANY MANNER WITH THE SUPPLYING OF ANY PRODUCTS OR SERVICES HEREUNDER, OR THE SALE, RESALE, OPERATION OR USE ALLOCABLE TO SUCH PRODUCTS OR PART THERE- OF INVOLVED IN THE CLAIM, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND FOR PROPERTY RIGHTS. DAMAGE AND DEATH) OR OTHER GROUNDS, SHALL NOT IN ANY EVENT EXCEED THE PRICE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, REGARDLESS OF CAUSE OR FAULT., AND (B) IN NO EVENT SHALL CHOBANI THE COMPANY BE LIABLE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING OUT INCLUDING BUT NOT LIMITED TO LOSS OF BREACH OF CONTRACTPROFITS, WARRANTYREVENUES, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCESALES, FAILURE TO WARN DATA, BUSINESS, GOODWILL OR STRICT LIABILITY)USE, CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISEDIMINUTION IN VALUE, EVEN IF CHOBANI THE COM- PANY HAS BEEN ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, LOSS OR DAMAGE OR INJURY TO PERSONS IF SUCH LOSS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE DAMAGE COULD HAVE BEEN REASONABLY FORESEEN BY COMPANY, IN EACH CASE, REGARDLESS OF THE PRODUCTSLEGAL OR EQUITABLE THEORY (CONTRACT, EITHER ALONE TORT OR IN COMBINATION WITH OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER PRODUCTSREMEDY OF ITS ESSENTIAL PURPOSE. THE PARTIES AGREE THAT WITHOUT THIS LIMITATION OF LIABILITY THE COMPANY WOULD NOT HAVE AGREED TO THE PRICE OR TERMS AND CONDITIONS OF THIS AGREEMENT. THE LIMITATION OF LIABILITY SET FORTH HEREIN APPLIES BOTH TO PRODUCTS AND SERVICES PUR- CHASED OR OTHERWISE PROVIDED HEREUNDER. Any cause of action against the Company must be instituted within 1 year from the date of pur- chase or provision of the products or services. If the Company provides Customer with advice, training, applications support, or other assistance which concern any products supplied hereunder, or any equipment, system or the like in which the product may be installed, the Company’s giving of such advice or assistance will not subject the Company to any liability, whether based on contract, warranty, tort (including negligence) or other grounds. PRODUCTS MANUFACTURED BY A THIRD PARTY MAY CONSTITUTE, CONTAIN, BE CONTAINED IN, INCORPORATED INTO, ATTACHED TO OR PACKAGED TOGETHER WITH, THE GOODS SOLD PURSUANT TO THESE TERMS AND CONDITIONS, AND SUCH THIRD PARTY PRODUCTS ARE NOT COVERED BY THE COMPANY’S MANUFACTURER’S WARRANTIES OR ANY EXPRESS OR IMPLIED WARRANTY BY THE COMPANY.

WARRANTY; LIMITATION OF LIABILITY. Chobani represents Minuteman’s standard warranty for the goods and warrants services sold hereunder shall apply, provided that all items have been installed and used as recommended, and have not been subjected to Customer thatmisuse, alteration, accident, abuse, or unauthorized repair. Minuteman’s standard warranties, as of the date of shipment (a) Chobani has the right may be amended from time to convey good title to Productstime, (b) the Product is not adulterated or misbranded within the meaning of the Federal Foodare set forth on Minuteman’s website. SUCH WARRANTY SHALL BE EXCLUSIVE, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerce. EXCEPT AS EXPRESSLY SET FORTH AND SHALL BE IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS LIEU OF ANY AND ALL WARRANTIES OF ANY KINDOTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ARISING BY LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT ALL OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTSWHICH ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT SHALL CHOBANI ANY LIABILITY OF MINUTEMAN HEREUNDER EXCEED THE AMOUNT PAID BY BUYER FOR THE GOODS AND SERVICES AND IN NO EVENT SHALL MINUTEMAN BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) ARISING OUT OF THE SALE, INSTALLATION, OPERATION, AND/OR USE OF GOODS AND SERVICES OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES ARISING OUT OF CLAIMS FOR LOSS OF BUSINESS, LOST GOODWILL, PROFITS, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTYTHIRD-PARTY ACTIONS, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCECLAIMS, FAILURE TO WARN OR STRICT LIABILITY)CLAIMS UNDER STATUTE, CONTRIBUTIONAND BUYER HEREBY WAIVES FOR ITSELF, INDEMNITYITS SUCCESSORS AND ASSIGNS, SUBROGATION AND ALL OTHER PERSONS CLAIMING BY OR OTHERWISETHROUGH BUYER ANY SUCH CLAIMS AGAINST MINUTEMAN. ▇▇▇▇▇ acknowledges and agrees that ▇▇▇▇▇ has independently determined the suitability of the goods and services for Buyer, EVEN IF CHOBANI HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGESand ▇▇▇▇▇ assumes all risks and liabilities resulting from the use of the goods and services, and shall use such in accordance with all laws, rules, and regulations, and Minuteman’s materials relating thereto. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSSNone of Minuteman’s agents, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTSemployees, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSor representatives have any authority to bind Minuteman to any affirmation, representation, or warranty other than those stated herein.

WARRANTY; LIMITATION OF LIABILITY. Chobani represents and warrants to Customer that2.1. THE SOFTWARE IS LICENSED ON AN “AS IS”, as of the date of shipment (a) Chobani has the right to convey good title to Products“AS AVAILABLE” BASIS WITHOUT ANY WARRANTY. CARADVISE DOES NOT WARRANT THAT LICENSEE’S USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE OPERATION OF OR ACCESS TO THE SOFTWARE WILL BE ERROR OR BUG FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS CODE, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerceOR THAT ALL ERRORS CAN OR WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KINDWARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTSPURPOSE ARE HEREBY DISCLAIMED. 2.2. IN NO EVENT SHALL CHOBANI CARADVISE BE LIABLE FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, DAMAGE TO GOODWILL LOST DATA OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OF GOODWILL) OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ANY DAMAGES WHATSOEVER THAT RESULT ARISING OUT OF BREACH OR RELATING TO LICENSEE’S USE OF CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISETHE SOFTWARE, EVEN IF CHOBANI CARADVISE HAS BEEN ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES IN NO EVENT SHALL CARADVISE’S AGGREGATE LIABILITY FOR ANY LOSS, DAMAGE ACTUAL DIRECT DAMAGES ARISING OUT OF OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE BASED UPON THIS AGREEMENT REGARDLESS OF THE PRODUCTSFORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, EITHER ALONE INCLUDING WITHOUT LIMITATION, ANY ACTION IN TORT OR IN COMBINATION WITH OTHER PRODUCTSCONTRACT, EXCEED THE FEES PAID BY CARADVISE TO LICENSEE PURSUANT TO THIS AGREEMENT DURING THE QUARTER IMMEDIATELY BEFORE THE CLAIM AROSE.NOTWITHSTANDING THE FOREGOING, THIS LIMITATION ON LIABILITY SHALL NOT APPLY TO INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS BROUGHT BY THIRD PARTIES. 2.3. Licensee represents and warrants that it will use the Software in compliance with all applicable federal, state and local statutes, laws and regulations.

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

WARRANTY; LIMITATION OF LIABILITY. Chobani represents and warrants to Customer thatLE MIEUX WARRANTS THAT THE PRODUCT IS 10. Quality Control. Reseller shall immediately advise Le Mieux of any complaints or adverse claims about any Product or its use. Reseller shall comply with all Le MANUFACTURED IN ACCORDANCE WITH GOOD MANUFACTURING PRACTICES. OTHERWISE, as of the date of shipment (a) Chobani has the right to convey good title to ProductsLE MIEUX MAKES NO WARRANTIES WHATSOEVER, (b) the Product is not adulterated or misbranded within the meaning of the Federal FoodAND PRODUCT IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES WHATSOEVER, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerce. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTSANY OTHER STATUTORY OR COMMON LAW WARRANTY. IN NO EVENT EXCEPT AS EXPLICITLY SET FORTH HEREIN, LE MIEUX SHALL CHOBANI NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESSINDIRECT, LOST PROFITSINCIDENTAL, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTALPUNITIVE, CONSEQUENTIAL, SPECIALEXEMPLARY OR SPECIAL DAMAGES WHATSOEVER, PUNITIVE INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING FROM OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE RELATING TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISETHE PRODUCT, EVEN IF CHOBANI LE MIEUX HAS BEEN ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES THE TOTAL LIABILITY OF LE MIEUX ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AMOUNT PAID BY RESELLER FOR ANY LOSSTHE PRODUCT AT ISSUE, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM IF NO PRODUCT IS AT ISSUE, IN THE USE OR SUBSEQUENT SALE OF 12 MONTHS PRECEDING THE PRODUCTSCLAIM. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Accordingly, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSsome or all of the above disclaimers, exclusions, or limitations may not apply.

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

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

WARRANTY; LIMITATION OF LIABILITY. Chobani represents and warrants to Customer that1. THE PROGRAM PRODUCT IS PROVIDED “AS IS” AND LICENSOR MAKES NO, as of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerce. EXCEPT AS EXPRESSLY SET FORTH IN AND TO THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW HEREBY DISCLAIMS ANY ALL, REPRESENTATIONS AND ALL WARRANTIES OF ANY KINDFOR THE PROGRAM PRODUCTS AND THE SOFTWARE, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON- INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR NONINFRINGEMENT USAGE OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTSTRADE. 2. IN NO EVENT SHALL CHOBANI LICENSOR BE LIABLE TO CUSTOMER FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY CLAIM BY LICENSEE OR ANY THIRD PARTY FOR ON ACCOUNT OF, OR ARISING FROM THE USE OF THE PROGRAM PRODUCT AND THE SOFTWARE BY LICENSEE. 3. LICENSEE SHALL DISMISS, DEFEND AND HOLD HARMLESS LICENSOR AND ITS OFFICERS, BOARD DIRECTORS, SHAREHOLDERS EMPLOYEES, REPRESENTATIVES, LICENSOR, AGENTS AND SUPPLIERS FROM AND AGAINST ANY CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESSCLAIMS, LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND EXPENSE OF A LAWSUIT) ARISING OUT OF OR RELATING TO LICENSEE’S USE OR ABUSE OF THE PROGRAM PRODUCT OR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISE, EVEN IF CHOBANI HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSTHIS AGREEMENT BY LICENSEE.

WARRANTY; LIMITATION OF LIABILITY. Chobani represents and warrants to Customer that, Products are sold by the Company with such warranties as may be extended by the manufacturer of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drugproduct(s), and Cosmetic Actthere are no warranties for value added services, and (c) services bundled with the Product is not an article which may not be introduced into interstate commerceproducts, or other services provided by the Company. EXCEPT AS EXPRESSLY SET FORTH IN COPIES OF THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS MANUFACTURERS' WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING THE COMPANY. THE COMPANY MAKES NO OTHER WARRANTIES AND ANY AND ALL IMPLIED WARRANTIES OF ANY KIND, EXPRESS MERCHANTABILITY OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. CUSTOMER IS RESPONSIBLE FOR INSTALLATION AND USE IN ACCORDANCE WITH MANUFACTURERS' INSTRUCTIONS AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR CUSTOMER'S IMPROPER SELECTION OF A PRODUCT FOR A PARTICULAR APPLICATION OR OTHERWISE. No warranty will apply if its products are in any way altered or modified after delivery by the Company. THE COMPANY'S LIABILITY ON ANY CLAIM FOR LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR CONNECTED IN ANY MANNER WITH THE SUPPLYING OF ANY PRODUCTS OR SERVICES HEREUNDER, OR NONINFRINGEMENT THE SALE, RESALE, OPERATION OR USE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND FOR PROPERTY DAMAGE AND DEATH) OR OTHER GROUNDS, SHALL NOT IN ANY EVENT EXCEED THE PRICE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, REGARDLESS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IN CAUSE OR ▇▇▇▇▇.▇▇ NO EVENT SHALL CHOBANI THE COMPANY BE LIABLE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHATSOEVER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, SALES, DATA, BUSINESS, LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISEUSE, EVEN IF CHOBANI THE COMPANY HAS BEEN ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. CUSTOMER ASSUMES ALL RISKS THE PARTIES AGREE THAT WITHOUT THIS LIMITATION OF LIABILITY THE COMPANY WOULD NOT HAVE AGREED TO THE PRICE OR TERMS AND LIABILITIES FOR ANY LOSSCONDITIONS OF THIS AGREEMENT.THE LIMITATION OF LIABILITY SET FORTH HEREIN APPLIES BOTH TO PRODUCTS AND SERVICES PURCHASED OR OTHERWISE PROVIDED HEREUNDER. Any cause of action against the Company must be instituted within 1 year from the date of purchase or provision of the products or services. If the Company provides Customer with advice, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTStraining, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSapplications support, or other assistance which concern any products supplied hereunder, or any equipment, system or the like in which the product may be installed, the Company's giving of such advice or assistance will not subject the Company to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.

WARRANTY; LIMITATION OF LIABILITY. Chobani represents and warrants to Customer that, as of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commercea. ANY DEVELOPER SERVICES SHALL BE PERFORMED IN A WORKMANLIKE MANNER. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS NEITHER PARTY MAKES ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT. ALL TECHNICAL INFORMATION, HARDWARE, SOFTWARE, LOGOS, TRADEMARKS AND ALL WARRANTIES CONFIDENTIAL INFORMATION PROVIDED BY EITHER PARTY TO THE OTHER IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY KIND AND EACH PARTY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. b. EXCEPT FOR BREACH OF ANY OF THE LICENSES GRANTED HEREIN, BREACH OF A PARTY'S CONFIDENTIALITY OBLIGATIONS OR NONINFRINGEMENT OF THIRD LIABILITY FOR INDEMNITY UNDER SECTION N (INDEMNIFICATION), UNDER NO CIRCUMSTANCES WILL EITHER PARTY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL CHOBANI BE LIABLE TO CUSTOMER THE OTHER UNDER ANY CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY THIRD PARTY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESSDAMAGES, LOST PROFITS, DAMAGE TO GOODWILL PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS LOST DATA IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF ITS TERMINATION. EXCEPT FOR BREACH OF CONTRACTANY OF THE LICENSES GRANTED HEREIN, WARRANTY, TORT BREACH OF A PARTY'S CONFIDENTIALITY OBLIGATIONS OR LIABILITY UNDER SECTION N (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITYINDEMNIFICATION), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISE, EVEN IF CHOBANI HAS BEEN ADVISED NEITHER PARTY'S LIABILITY HEREUNDER SHALL EXCEED THE AMOUNT OF THE LIKELIHOOD FEE(S) OWED OR PAID (WHICHEVER IS GREATER) BY DEVELOPER. THE FOREGOING LIMITATION OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS LIABILITY IS CUMULATIVE AND LIABILITIES NOT PER INCIDENT (THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). c. EACH PARTY CONFIRMS THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THIS SECTION M ARE THE MATERIAL, BARGAINED FOR ANY LOSS, DAMAGE OR INJURY BASIS OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO PERSONS OR PROPERTY RESULTING FROM BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSDECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.

WARRANTY; LIMITATION OF LIABILITY. Chobani represents and Vendor warrants to Customer thatthat the Services will not infringe upon any copyright, as trademark, patent, or other intellectual-property right, of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerceany third party. EXAMPLE SCPA WORKS ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, VENDOR IS NOT PROVIDING ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE IMMEDIATELY PRECEDING SENTENCESERVICES OR WORK PRODUCT THEREOF. VENDOR DISCLAIMS ALL IMPLIED WARRANTIES, CHOBANI HEREBY DISCLAIMS ANY AND ALL INCLUDING WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE CONFIDENTIALITY AND INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 11 AND 18 ABOVE, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL CHOBANI WILL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT TO CUSTOMER OR ANY THIRD THE OTHER PARTY FOR ANY CONSEQUENTIAL INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR INDIRECT DAMAGES WHATSOEVER INCLUDING PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESSLIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS OF COVER; REGARDLESS OF WHETHER ARISING OUT OF SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, WARRANTYTORT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISE, EVEN IF CHOBANI HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS.

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

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

WARRANTY; LIMITATION OF LIABILITY. Chobani represents and warrants to Customer that, Products are sold by the Company with such warranties as may be extended by the manufacturer of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drugproduct(s), and Cosmetic Actthere are no warranties for value added services, and (c) services bundled with the Product is not an article which may not be introduced into interstate commerceproducts, or other services provided by the Company. EXCEPT AS EXPRESSLY SET FORTH IN COPIES OF THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS MANUFACTURERS’ WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING THE COMPANY. THE COMPANY MAKES NO OTHER WARRANTIES AND ANY AND ALL IMPLIED WARRANTIES OF ANY KIND, EXPRESS MERCHANTABILITY OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE HEREBY DISCLAIMED. CUSTOMER IS RESPONSIBLE FOR INSTALLATION AND USE IN ACCORDANCE WITH MANUFACTURERS’ INSTRUCTIONS AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR CUSTOMER’S IMPROPER SELECTION OF A PRODUCT FOR A PARTICULAR APPLICATION OR OTHERWISE. No warranty will apply if its products are in any way altered or modified after delivery by the Company. THE COMPANY’S LIABILITY ON ANY CLAIM FOR LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR CONNECTED IN ANY MANNER WITH THE SUPPLYING OF ANY PRODUCTS OR SERVICES HEREUNDER, OR NONINFRINGEMENT THE SALE, RESALE, OPERATION OR USE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND FOR PROPERTY DAMAGE AND DEATH) OR OTHER GROUNDS, SHALL NOT IN ANY EVENT EXCEED THE PRICE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, REGARDLESS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTSCAUSE OR FAULT. IN NO EVENT SHALL CHOBANI THE COMPANY BE LIABLE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHATSOEVER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, SALES, DATA, BUSINESS, LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISEUSE, EVEN IF CHOBANI THE COMPANY HAS BEEN ADVISED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. CUSTOMER ASSUMES ALL RISKS THE PARTIES AGREE THAT WITHOUT THIS LIMITATION OF LIABILITY THE COMPANY WOULD NOT HAVE AGREED TO THE PRICE OR TERMS AND LIABILITIES FOR ANY LOSSCONDITIONS OF THIS AGREEMENT.THE LIMITATION OF LIABILITY SET FORTH HEREIN APPLIES BOTH TO PRODUCTS AND SERVICES PURCHASED OR OTHERWISE PROVIDED HEREUNDER. Any cause of action against the Company must be instituted within 1 year from the date of purchase or provision of the products or services. If the Company provides Customer with advice, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTStraining, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSapplications support, or other assistance which concern any products supplied hereunder, or any equipment, system or the like in which the product may be installed, the Company’s giving of such advice or assistance will not subject the Company to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.

WARRANTY; LIMITATION OF LIABILITY. Chobani DSRMC represents that it will provide or cause the Services to be provided to the Entities with reasonable care and warrants to Customer thatin accordance with all applicable laws, as of the date of shipment (a) Chobani has the right to convey good title to Productsrules, (b) the Product is not adulterated or misbranded within the meaning and regulations, including without limitation those of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerceEnergy Regulatory Commission. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCESENTENCE AND IN SECTION 3, CHOBANI ALL PRODUCTS OBTAINED FOR THE ENTITIES ARE AS IS, WHERE IS, WITH ALL FAULTS. DSRMC MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL WARRANTIES OF ANY KINDALL) REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR THE ENTITIES. FURTHERMORE, THE ENTITIES MAY NOT RELY UPON ANY REPRESENTATION OR NONINFRINGEMENT WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO DSRMC BY ANY PARTY (INCLUDING, AN AFFILIATE OF DSRMC) PERFORMING SERVICES ON BEHALF ON DSRMC HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO SHAMROCK GP OR THE PARTNERSHIP ENTITIES. HOWEVER, IN THE CASE OF OUTSOURCED SERVICES PROVIDED SOLELY FOR THE ENTITIES, IF THE THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO ANY OF THE ENTITIES, THE ENTITIES ARE ENTITLED TO CAUSE DSRMC TO RELY ON AND TO ENFORCE SUCH WARRANTY. IT IS EXPRESSLY UNDERSTOOD BY THE ENTITIES THAT DSRMC AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR THE FAILURE OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTSPROVIDERS TO PERFORM ANY SERVICES HEREUNDER AND FURTHER THAT DSRMC AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD EVIDENCE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT ON THE PART OF DSRMC OR ITS AFFILIATES BUT DSRMC SHALL, ON BEHALF OF THE PARTNERSHIP, PURSUE ALL RIGHTS AND REMEDIES UNDER ANY SUCH THIRD PARTY CONTRACT. THE ENTITIES AGREE THAT THE REMUNERATION PAID TO DSRMC HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL CHOBANI DSRMC BE LIABLE TO CUSTOMER THE ENTITIES OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, REGARDLESS OF THE FAULT OF DSRMC, ANY DSRMC AFFILIATE, OR ANY THIRD PARTY PROVIDER OR WHETHER DSRMC, ANY DSRMC AFFILIATE, OR THE THIRD PARTY PROVIDER ARE WHOLLY, CONCURRENTLY, PARTIALLY, OR SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO DSRMC OR ITS AFFILIATE FOR SERVICES UNDER AN OUTSOURCING OR OTHER AGREEMENT, THE ENTITIES AGREE TO BE BOUND BY SUCH LIMITATION OF LIABILITY FOR ANY CONSEQUENTIAL PRODUCT OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, DAMAGE SERVICE PROVIDED TO GOODWILL THE ENTITIES BY SUCH THIRD PARTY PROVIDER UNDER DSRMC'S OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISE, EVEN IF CHOBANI HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTSAFFILIATE'S AGREEMENT.