Common use of Warranty Clause in Contracts

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.

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

Warranty. Seller Unless otherwise specified in Vendor written materials pertaining to a particular Product, Vendor warrants to Customer that the Products sold by Seller to Purchaser purchased under this Agreement conform to SellerVendor’s published specifications (“Specifications”) and are free from defects in workmanship and material at the time of shipment. If, upon inspection within a reasonable time after delivery and before implantation or use, Customer discovers a failure of a Product to conform to Specifications or a defect in material and workmanship. Unless otherwise specified by Seller , it must promptly notify Vendor in writing. Within a reasonable time after such notification, this warranty extends for one year from Vendor will correct any failure of the date of original purchase. All warranties apply only Product to conform to the original Purchaser warranty by providing, at its option, repair of the Product, a replacement unit, or a refund of the purchase price, if applicable. The aforementioned remedies are Customer’s exclusive remedies for breach of warranty under this Agreement. The foregoing warranties, unless otherwise agreed by Seller the Parties in writing. Seller's sole obligation and Purchaser’s exclusive remedy a written addendum to this Agreement or expressly provided in the Specifications, shall extend for any justified claim under this warranty shall be limited to a period of one (1) year commencing on the date of shipment of the following, at Seller’s sole discretion: Product to Customer. This warranty does not extend to or cover (a) repair any product, components, or replacement of the Product parts not manufactured or sold by Vendor, (b) a credit damage caused by Customer’s use of any Product for purposes other than those for which it was designed as set forth in the price paid Specifications, (c) damage caused by the original Purchaser unauthorized attachments or modification, (d) any other abuse or misuse of the Product. This express warranty does not apply toProduct by Customer, its employees, representatives, contractors and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesagents, or other causes not directly arising from defects in materials or workmanship; (be) any Vendor Product damaged by where the failure of the owner to use, maintain, or store Customer receives the Product as specified in any applicable instructions and/or warnings provided from a person or entity that is not affiliated with or authorized by Seller or the manufacturerVendor. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERFOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT OR THE PRODUCTS OR MATERIALS TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING ANY WARRANTY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE. IN THE EVENT ALL SUCH OTHER WARRANTIES EXIST AT LAW THAT MAY NOT BE AND REPRESENTATIONS ARE HEREBY DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.

Warranty. Except with respect to Software and unreleased parts, which includes prototypes, pre-release and sample parts, Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year a period of twelve (12) months from the date of original purchaseshipment (the “Warranty Period”) that the Products will operate in conformity with written performance specifications set forth on Seller’s most recently published product data sheet for the production version Product (the “Specifications”); provided, however, that this warranty shall not apply to any Product (i) which has been damaged, abused or misused physically or electrically (including, without limitation, by being operated outside the range of any environmental, power or operating parameters indicated on Seller’s data sheet), (ii) on which the trademark shall have been defaced or obliterated or (iii) which has been reworked or repaired by any party other than the Seller without Seller’s prior written authorization. All warranties apply only to the original Purchaser unless otherwise agreed by Seller Buyer shall request, in writing, a return material authorization (“RMA”) within the warranty period prior to returning any nonconforming Products. Seller's sole obligation and Purchaser’s exclusive remedy for any justified Any claim under this warranty shall must be limited submitted to one and received by Seller within the Warranty Period. Seller’s issuance of an RMA will not commit Seller to the making of any repair or replacement hereunder. Requests for RMAs must list the types and quantities of all Products involved, the reason(s) the specific Product units are alleged to be defective or otherwise non-conforming, and provide any other information reasonably required by Seller concerning operating conditions involved and the period of use. In addition, the Order number and, where possible, the original invoice number covering the original purchase of the followingProducts involved must also be identified on the RMA request. Returned Products must be shipped, transportation prepaid, by the most practical method of shipment. Shipping costs will be credited to the Buyer for all Products found to be subject to warranty adjustment. Excessive transportation costs will not be allowed. Seller can accept no billing for packing, inspection, labor charges or other incidental costs in connection with any Products returned. Unless otherwise requested by ▇▇▇▇▇, returned Products found not subject to this warranty will be sent back to Buyer, transportation collect. In all cases, ▇▇▇▇▇▇’s determination will be final. With respect to Products found not in conformity with this warranty, the remedy will take the form, at Seller’s option, of a replacement or repair of the defective or nonconforming Product. In the event Seller determines that it is uneconomical to replace or repair warranted Products, Seller may, at its sole discretion: option, remit the dollar equivalent based upon the original Product sales price and said remittance will be calculated by applying the pro rata percentage of the unexpired warranty to the original Product sales price. In the event of replacement pursuant to the foregoing warranty, such warranty shall apply to the replaced product. In the event of repair pursuant to the foregoing warranty, the validity of the foregoing warranty will be twelve (a12) repair or replacement months from the date of shipment of the repaired Product less the period of time between the date of original shipment and the date on which Seller received return of the Product for repair. Seller’s sole obligation and liability for non-conforming Products shall be, at its expense and at its sole option, to repair or (b) a credit for replace them or to accept their return and refund You the applicable purchase price to the extent paid by the original Purchaser of the ProductYou. This express warranty does not apply toTHIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERORAL, EXPRESS OR IMPLIEDIMPLIED (INCLUDING, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES PURPOSE) AND SHALL BE LIMITED IN DURATION TO EXPRESSLY FOR THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE BENEFIT OF THE PRODUCTBUYER WITH NO TRANSFER RIGHTS OR BENEFIT TO ANY THIRD PARTY. THE FOREGOING CONSTITUTES BUYER’S SOLE REMEDY AND SELLER’S SOLE LIABILITY FOR BREACH OF WARRANTY. NOTWITHSTANDING THE FOREGOING OR ANY OTHER STATEMENT IN THESE TERMS, ANY AND ALL PARTS THAT ARE SHIPPED AS SAMPLES, PROTOTYPES OR IN PRE-PRODUCTION OR PRE-RELEASE FORM, WHETHER DESIGNATED AS SUCH BY SELLER IN AN ACKNOWLEDGMENT, INVOICE, SHIPPING DOCUMENT OR OTHER WRITING ISSUED BY SELLER AS “PRE-PRODUCTION RELEASE PARTS”, “PRE-PROD”, “SAMPLE”, “PPR” OR BY OTHER SIMILAR NOTATION IN THEIR PART NUMBER OR OTHERWISE, OR THAT OTHERWISE HAVE NOT YET BEEN RELEASED BY SELLER FOR GENERAL AVAILABILITY, MAY CONTAIN DEFECTS AND ARE PROVIDED “AS-IS, WITH ALL FAULTS” AND WITHOUT A WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Seller reserves the right to change the part number for any pre- production release part to the applicable corresponding production released part number at any time and will notify Buyer of any such change.

Warranty. Seller MKS warrants that the Products sold by Seller all Items delivered to Purchaser conform to Seller’s specifications and are Applied will be free from defects in material workmanship, material, and workmanshipmanufacture; will comply with the requirements of this Agreement, and, where design is MKS' responsibility, will be free from defects in design. Unless All services will be performed in a competent, professional and workmanlike manner, free from defects and in accordance with best professional practices or the like. MKS FURTHER WARRANTS ALL ITEMS PURCHASED OR REPAIRED WILL BE OF MERCHANTABLE QUALITY AND WILL BE FIT AND SUITABLE FOR THE PURPOSE INTENDED BY APPLIED. THESE WARRANTIES ARE IN ADDITION TO ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AND WILL SURVIVE ANY DELIVERY, INSPECTION, ACCEPTANCE, OR PAYMENT BY APPLIED. If any Items delivered by MKS do not meet the warranties specified herein or otherwise specified applicable, Applied may, at its option: (i) require MKS to correct at no cost to Applied any defective or non-conforming Items by Seller repair or replacement, or (ii) return such defective or non-conforming Item at MKS' expense to MKS and recover from MKS the order price thereof, or (iii) correct the defective or non-conforming Item itself or through a mutually approved third party and charge MKS with the cost of such correction (iv) cancel the balance of the undelivered non-conforming Item and/or this CSA in writingaccordance with Section 25, this warranty extends Termination for one year from Default, of Applied's standard Terms and Conditions of Purchase. Confidential Materials omitted and filed separately with the date of original purchaseSecurities and Exchange Commission. Asterisks denote omissions. All warranties apply only will run to Applied and to its customers. Applied's approval of MKS' material or design will not relieve MKS of the original Purchaser warranties established in this agreement. In addition, if Applied waives any drawing or specification requirement for one or more of thE goods, it will not constitute a waiver of all requirements for the remaining goods to be delivered unless otherwise agreed stated by Seller Applied in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.

Warranty. Seller Supplier warrants that it possesses the expertise and all of the necessary resources with respect to warehousing, order taking, procurement, transportation, accounting/payment, logistical support, personnel, and facilities required to provide the level of service as agreed under this Contract. Further, Supplier covenants and warrants that the Products sold services and activities as set forth in this Contract will be performed by Seller trained and qualified personnel and in a professional and workmanlike manner. Supplier will use commercially reasonable efforts to Purchaser obtain representations and warranties from manufacturers that the products conform to Seller’s certain product specifications and are free comply with applicable law. By accepting a purchase order as set forth herein Supplier warrants and represents that it requires manufacturers from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from whom it purchases products to guarantee that all merchandise comprising each shipment or other delivery made to or on the date order of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretionUS Foods will be: (a) repair not adulterated or replacement misbranded within the meaning of the Product Federal Food Drug and Cosmetic Act the Food Additives Amendment and all other revisions and amendments thereto (the “FDA Act”) all regulations issued under the FDA Act and any other applicable federal state or local laws rules or regulations; and (b) a credit for not an article of food drug device or cosmetic which may not under the price paid by the original Purchaser provisions of Sections 404 or 505 of the ProductFDA Act be introduced into interstate commerce. This express Any manufacturer’s warranty does not apply to, and no warranty remedy on non-food equipment or products furnished by Supplier will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by passed on to the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerParticipating Entity. THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION CONSTITUTE THE ONLY REPRESENTATIONS AND WARRANTIES MADE BY ANY PARTY WITH RESPECT TO OR ARISING IN CONNECTION WITH THIS CONTRACT OR THE PRODUCTS. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH ABOVEIN THIS SECTION, SELLER MAKES NO WARRANTY WHATSOEVER, EACH PARTY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES (WHETHER ARISING BY OPERATION OF LAW OR IMPLIED, OTHERWISE) INCLUDING ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTPURPOSE.

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement With respect to Products procured by Principal from manufacturers who are not Affiliates of Principal, Principal, to the Product or (b) a credit for extent possible, shall pas on and assign to Agent the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturersuch manufacturers and Principal shall assist Agent in making any claims against such manufacturers. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER NEITHER PRINCIPAL NOR ANY OF ITS AFFILIATES MAKES NO WARRANTY WHATSOEVERANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITIY OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WITH RESPECT TO PRODUCTS PROCURED FROM MANUFACTURERS WHO ARE NOT AFFILIATES OR AGAINST INFRINGEMENTPRINCIPAL. Subject to the provisions of Section 5.11 of Article V hereof, Principal shall be responsible for any shipping charges associated with the return of Products that do not meet the manufacturer’s warranty. With respect to any Products that are manufactured by Principal or its Affiliates, Principal warrants that such Products shall conform to the specifications established by Principal and Agent and that such Products shall be merchantable and free from defects. Provided that the Products manufactured by Principal or its Affiliates are stored in appropriate conditions, Principal warrants that such Products shall have the shelf life specified in the specifications agreed to by the Parties. (b) In no event shall Principal’s liability for any breach of such warranties exceed in amount the price of the Products in respect of which any breach is claimed. PRINCIPAL’S WARRANTY STATED HEREIN IS EXPRESSLY IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDLIEU OF ANY OTHER WARRNTEIS, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRNTY OF THE PRODUCTMERCHANTABLITY OR FITNESS FOR A FARTICULAR PURPOSE. (c) Principal does not assume nor authorized any person or entity to assume for it any other liability in connection with the Products supplied hereunder, and there are no oral contracts or warranties collateral to or affecting this Agreement. Principal shall not be liable to Agent or any other persons for consequential, special or incidental damages.

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified agreed upon by Seller the parties in writing, this Supplier warrants that all Deliverables shall (1) be provided in a professional and workmanlike manner in accordance with the highest standards in the industry and be free from defects; (2) be new and not used or reconditioned, and free of any lien, security interest, encumbrance or claim by a third party; (3) strictly conform to the Specifications, drawings, samples, and/or descriptions approved by Buyer in writing and those provided to the Buyer before its purchase hereunder ; (4) be merchantable and, to the extent Buyer relies on Supplier to specify the Deliverable, fit for the intended purpose; and safe for any use that is consistent with the applicable Specifications or that is reasonably foreseeable; (5) shall be free from Malware and shall not expose any other products and services to any Malware; (6) comply with Buyer’s customer’s requirements that are shared by Buyer with the Supplier; (5) comply with such other Deliverable specific warranties as may be required by Buyer for the time period required by Buyer; and (6) comply with all applicable Laws. Buyer’s approval of designs furnished by Supplier or acceptance of Deliverables shall not relieve Supplier of its obligations hereunder. The above warranties shall be effective at the Delivery Date and for the longer of the following periods (“Warranty Period”): (i) the duration of any warranty extends provided by Supplier to Buyer or any other customer for one year the same or similar Deliverable, (ii) the duration of any warranty required by a customer of Buyer which has been communicated to Supplier, and (iii) a period of two (2) years from the date of original purchaseacceptance by Buyer of Deliverables notwithstanding any termination or cancellation of this PO. All These warranties apply only are in addition to and not in lieu of any other warranties given by Supplier and warranties created or existing pursuant to applicable Law. These warranties shall accrue to Buyer, its successors, assigns and customers and be fully transferable by Buyer. Supplier represents and warrants (i) that it has title to the original Purchaser unless Deliverables and that the Deliverable is free of all liens, security interest or and encumbrance; and (ii) not to use, modify, compile or distribute the software, procured or licensed by Buyer from Supplier, in any manner that would cause any of Buyer’s software to become subject to any Open-Source License Terms. In the event of any breach of warranty, Buyer may, at its option: (1) return or notify about the affected Deliverables in Buyer’s possession to Supplier at Supplier’s expense and risk of loss or damage, in which case Supplier will, at no charge to Buyer, at Buyer’s election: (i) repair, replace or re-perform such Deliverables and return Deliverables without Defect within three (3) days from the receipt of the returned Deliverable or the notification of Defect; or (ii) refund the purchase price of the affected Deliverables within three (3) days from the receipt of the returned Deliverables or the notification of the Defect; (2) have Supplier repair (on or off-site) within twenty-four (24) hours at no charge to Buyer the affected Deliverables and provide, at Buyer’s request, on-site support (in compliance with Buyer’s facility and safety requirements) and rework, replacement or other assistance to address nonconformities and Defects in the Deliverables, without disrupting Buyer’s operations; (3) repair the affected Deliverables at Supplier’s expense; or (4) return the affected Deliverables in Buyer’s possession to Supplier at Supplier’s expense and risk of loss or damage and purchase replacement products from a third party supplier at Supplier’s cost and expense, in which case Supplier shall refund Buyer the purchase price of such Deliverables (and if the substitute Deliverable price – purchased by Buyer from another source – is greater, Supplier shall also reimburse the difference of the purchase price of any substitute Deliverable and the affected Deliverables) within thirty (30) days after receiving Buyer’s invoice. Unless otherwise agreed by Seller upon in writing. Seller's sole obligation and Purchaser’s exclusive remedy for writing between the parties, the Warranty Period shall restart anew upon any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product Deliverables. Replacement Deliverables shall be new and not reconditioned. Buyer shall be entitled to avail itself cumulatively of all remedies in law or (b) a credit in equity for the price paid any breach of warranty by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTSupplier.

Warranty. Purchaser hereby acknowledges and affirms that, except for the warranties of title to be included in Seller's instruments of conveyance to the Unit, Seller warrants does not and shall not, by the execution and delivery of this Agreement or any instrument executed and delivered in connection with the Closing, make any warranty, express or implied, of any kind or any nature whatsoever, with respect to the Unit, and all such warranties are hereby disclaimed. Notwithstanding, Seller and Purchaser agree that Seller will transfer and assign any warranty it may receive from contractor, including the Products sold by Seller following: 1. A contractor’s warranty which shall be limited to Purchaser conform to Seller’s specifications and are free from defects in material workmanship and workmanship. Unless otherwise specified home performance within the scope of work performed by Seller in writing, this warranty extends for contractor and which arise and become known within one (1) year from the date of original purchasehereof. All warranties apply only to the original Purchaser said defects arising after one (1) year are not warranted by contractor. Any other warranty or warranties, whether express or implied, are disclaimed by contractor and waived by Purchaser, unless otherwise agreed prohibited by Seller in writinglaw. 2. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the ProductCONTRACTOR LIMITS IT’S OBLIGATIONS UNDER THE REFERENCED WARRANTIES TO REPAIR AND REPLACEMENT. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerSUCH WARRANTIES ARE THE ONLY WARRANTIES APPLICABLE TO THIS PURCHASE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES THERE ARE NO WARRANTY WHATSOEVEROTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF HABITABILITY, MERCHANTABILITY, WORKMANLIKE CONSTRUCTION OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, UNLESS REQUIRED BY LAW OR AGAINST INFRINGEMENTPROVIDED DIRECTLY TO YOU BY THE MANUFACTURER. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER UNDERSTANDS AND AGREES THAT SUCH WARRANTIES SHALL BE SELLER’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY OR OTHERWISE IS LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTREFERENCED WARRANTIES. 3. With respect to all personal property and equipment installed on the property, contractor, neither being the manufacturer, nor a dealer in such personal property and equipment, makes no warranty, express or implied, to Purchaser as to fitness, merchantability, design, performance or any other aspect of the personal property or equipment or its material or workmanship. With respect to such personal property and equipment, Seller hereby agrees to direct the contractor to assign to Purchaser all manufacturers’ and/or suppliers’ warranties with respect to the same and Purchaser agrees to look solely to such manufacturer and/or supplier for warranty claims on such products

Warranty. Seller warrants to Buyer that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from on the date of original purchase. All warranties apply only shipment the Goods shall be in substantial conformity with the specifications therefore and free from material defects in workmanship or material subject to the condition that Seller receive notice of a claim hereunder of shipment of Goods within six (6) months on labor, one (1) years for Multipress manufactured Parts, (Purchased Component Parts have original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchasermanufacturer’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Productwarranty). This is the sole warranty of Seller and all other warranties whether express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs implied or modifications, abuse, normal wear written or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufactureroral are superseded hereby. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED AND EXPRESSLY DISCLAIMS ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY Seller’s warranty does not extend to defects or failures caused or aggravated by accident, misuse, abuse, alteration, improper transportation, rigging or improper installation of the Goods, and to Goods that have been repaired or altered by anyone other than seller. SELLER SHALL NOT BE DISCLAIMEDRESPONSIBLE FOR DAMAGES OF ANY KIND ARISING FROM THE CONTENT OR ADEQUACY OF ANY SPECIFICATIONS PROVIDED TO SELLER BY BUYER. BUYER ALONE SHALL BEAR RESPONSIBILITY FOR THE CONSEQUENCES OF ANY AND ALL SPECIFICATIONS IT PROVIDES TO SELLER. Seller’s sole obligation with respect to matters subject to Seller’s warranty shall be, PURCHASER AGREES THAT SUCH WARRANTIES at the option of Seller, either (i) to repair or replace defective or non-conforming parts or materials; or (ii) to refund the purchase price for the defective or non-conforming Goods (less an allowance for wear and tear in use by Buyer) upon return of the Goods FOB Mt. Carmel, Illinois. Seller’s decision to provide one remedy shall not bar a later decision to provide another and different remedy. The Goods (or part thereof) subject to a claim hereunder shall be returned to Seller by Buyer FOB Seller’s plant unless destroyed by reason of the defect and Seller is satisfied Buyer’s claim is within the scope of Seller’s warranty. THE RIGHTS AND REMEDIES OF BUYER SET FORTH ABOVE SHALL BE LIMITED THE SOLE AND EXCLUSIVE RIGHTS AND REMEDIES FOR ANY CLAIM WHATSOEVER HEREUNDER AND ALL OTHER RIGHTS AND REMEDIES ARE EXPRESSLY WAIVED BY BUYER. SELLER SHALL IN DURATION NO EVENT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH ANY CLAIM HEREUNDER NOTWITHSTANDING THE ABOVE. COMPONENT PARTS OR EQUIPMENT MANUFACTURED BY OTHERS ARE WARRANTED ONLY TO THE ONE YEAR WARRANTY PERIOD AND EXTENT AS WARRANTED TO THE REPLACEMENT VALUE OF THE PRODUCTSELLER BY SUCH MANUFACTURERS.

Warranty. Seller Landlord represents and warrants that as of the Products sold Possession Date, the Tenant Improvements will be in new condition and in good working order and in compliance with all Laws in effect at the time of filing for the building permits and the Final Approved Plans, and Landlord warrants labor and materials on all Tenant Improvements installed or constructed by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends Landlord for one year a period of two (2) years from the date Date of original purchase. All warranties apply only Substantial Completion (the “Construction Warranty”); provided, however, that the Construction Warranty will not be effective for any maintenance, repairs, or replacements necessitated due to the original Purchaser unless otherwise agreed by Seller in writingmisuse of Tenant or its subtenants, employees, agent, licensees, invitees, and guests, or damages caused by, the negligence or intentional misconduct of Tenant, its employees, contractors, agents, subtenants, licensees, invitees, or guests. Seller's sole obligation Landlord shall use commercially reasonable efforts to enforce all manufacturer’s materialman’s, vendor’s, and Purchasercontractor’s exclusive remedy for warranties on the Premises (regardless of the duration of the Construction Warranty hereunder). Landlord will pursue any justified claim under this valid warranty claims against its contractor beyond the two (2) year warranty provided that any expenses incurred and/or any recovery obtained shall be limited treated as either additional Operating Costs or an offset to one Operating Costs under Section 5.03(a). Schedule C-1 Preliminary Plans THIS AGREEMENT is made as of the followingday of , at Seller’s sole discretion: 2020_ between BR HEALTH HOLDINGS, LLC (ahereinafter referred to as “Landlord”) repair or replacement of the Product or and CONSOLIDATED CITY OF INDIANAPOLIS, DEPARTMENT OF PARKS & RECREATION (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such hereinafter referred to as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT“Tenant”).

Warranty. Seller SELLER warrants that the Products sold Goods manufactured by Seller to Purchaser conform to Seller’s specifications and are it and/or services provided by it will be free from defects defect in workmanship, material and workmanship. Unless otherwise specified by Seller in writingmanufacture; provided, however, that this warranty extends for shall terminate on the date one (1) year from the date of original purchaseshipment. All warranties apply only In the event any service supplied or product sold hereunder manufactured by the SELLER is defective due to workmanship or material, the original Purchaser unless otherwise agreed by Seller SELLER agrees for a period of one (1) year from the date of shipment, at its option, to correct such non-conformity or replace such defective part or product. The agreement, however, is upon condition that the BUYER promptly notifies the SELLER in writingwriting of any claim in this respect, setting forth in detail any such claimed defect and that the SELLER be afforded a reasonable opportunity to examine the product and to investigate the claimed defect. Seller's sole obligation and Purchaser’s exclusive remedy This warranty does not obligate the SELLER to bear any transportation charges in connection with the replacement or repair of defective products. Notwithstanding the foregoing, the SELLER shall be, in no event, liable for any justified claim under this warranty shall be limited to one damages, whether based in contract or negligence, beyond the lower of the following, at Seller’s sole discretion: (a) repair cost of correcting the non-conformity as herein provided or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the ProductBUYER for such defective product and shall not be liable for any incidental or consequential damage whatsoever. This express SELLER's warranty does not apply toto any product which has been subjected to misuse, and no warranty remedy will be given formishandling, Product issues resulting from: misapplication, abuse neglect (a) including but not limited to improper maintenance), accident, acts improper installation or storage, modification (including but not limited to use of natureunauthorized parts or attachments), improper or adjustment or repair performed by anyone other than SELLER or one of SELLER's authorized agents. This warranty does not cover reimbursement for labor, gaining access, removal, installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosestemporary power, or any other causes expenses, which may be incurred in connection with repair or replacement. Goods which may be sold by SELLER but which are not directly arising from defects in materials or workmanship; (b) any Product damaged manufactured by SELLER are not warranted by SELLER, but are sold only with the failure warranties, if any, of the owner manufacturers thereof. SELLER does not warrant any products or services of others that BUYER has designated. The liability of the SELLER shall not exceed any adjustments with respect to usewhich such manufacturer accepts responsibility. No affirmation, maintainmodification, or store addition to this agreement with respect to warranty of the Product as specified SELLER, either before or after contract of sale, shall be made except in any applicable instructions and/or warnings provided writing by Seller or an authorized representative of the manufacturerSELLER. EXCEPT FOR THE LIMITED FOREGOING WARRANTY SET FORTH ABOVEIS IN LIEU OF ALL OTHER WARRANTIES, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY WARRANTY OF MERCHANTABILITYPURPOSE NOT EXPRESSLY SET FORTH HEREIN. BY ACCEPTANCE HEREOF, THE BUYER AGREES THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES BY THE SELLER OR BY ANY MANUFACTURER AS TO THE FITNESS FOR A PARTICULAR PURPOSE USE, MERCHANTABILITY, CAPACITY, OR AGAINST INFRINGEMENTEFFICIENCY OF ANY PRODUCT SOLD OTHER THAN EXPRESSLY SET FORTH HEREIN, AND THAT THERE ARE NO ORAL OR IMPLIED ADDITIONAL WARRANTIES MADE IN CONNECTION WITH ANY SALE BASED HEREON. CORRECTION OF NON¬CONFORMITIES IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDMANNER AND FOR THE PERIOD OF TIME PROVIDED ABOVE SHALL CONSTITUTE SELLER'S SOLE LIABILITY AND BUYER'S EXCLUSIVE REMEDY FOR FAILURE OF SELLER TO MEET ITS WARRANTY OBLIGATIONS, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE WHETHER CLAIMS OF THE PRODUCTBUYER ARE BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. For the avoidance of doubt, the warranties and remedies set forth herein are conditioned upon (a) proper storage, installation, use and maintenance, and conformance with any applicable recommendations of SELLER and (b) BUYER promptly notifying SELLER of any defects and, if required, promptly making the product available for correction.

Warranty. Seller warrants The sole warranty given by Puregraft regarding any Product shall be that written limited warranty provided in Schedule 3.1, as it may from time to time be amended by mutual written consent of Distributor and Puregraft (the “Warranty”). Distributor agrees to provide to its Customers within the Territory a written warranty for each particular Product on terms at least as favorable to Customers as that supplied by Puregraft for such Product. Excepting cases of gross negligence, or willful misconduct by Puregraft, in no event shall Puregraft’s total liability for any claim or action in connection with a Product exceed the purchase price of the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date out of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified which such claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufactureraction arose. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEAS EXPRESSLY SO WARRANTED, SELLER MAKES NO WARRANTY WHATSOEVERPUREGRAFT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR EXPRESS, STATUTORY AND IMPLIED, INCLUDING APPLICABLE TO THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, DESIGN, AND/OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE WRITTEN LIMITED WARRANTY, IF ANY, APPLICABLE TO ANY PARTICULAR PRODUCT SHALL STATE THE FULL EXTENT OF PUREGRAFT’S LIABILITY, WHETHER DIRECT OR AGAINST INFRINGEMENTINDIRECT, SPECIAL OR CONSEQUENTIAL, RESULTING FROM ANY BREACH OF SUCH WARRANTY. IN PUREGRAFT FURTHER DISCLAIMS ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES APPLICABLE TO THE EVENT PRODUCTS WHICH ARE NOT MANUFACTURED BY PUREGRAFT, OR BY A LICENSEE OR SUBLICENSEE OF PUREGRAFT. THE ONLY WARRANTIES EXIST AT LAW THAT MAY APPLICABLE TO PRODUCTS NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES MANUFACTURED BY PUREGRAFT OR BY A LICENSEE OR SUBLICENSEE THEREOF SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE WARRANTIES, IF ANY, OF THE PRODUCTMANUFACTURERS OF THOSE ITEMS.

Warranty. The Seller warrants that the Products sold product manufactured by Seller it shall be free of defects in materials under its lifetime warranty (25 years). Should any failure to Purchaser conform to this warranty be reported to the Seller within the said period, upon prompt notification with proof of purchase and provided the product has been stored and installed in accordance with the Seller's specifications and instructions and good industry practice, the Seller shall replace EXW (Incoterms 2000) its factories or other designated location, product that fails to conform to this warranty. Such replacement shall be free of charge for all items except for those that are worn through normal use or replacement shall be subject to pro-rata charges based upon the Seller’s specifications estimate of the percentage of normal service realized a. With respect to accessory and are free from defects in material other vendor furnished apparatus included, the Seller shall be responsible for their proper selection and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only specification requirements to the original Purchaser unless otherwise agreed by Seller in writingsuppliers. Seller's sole obligation and Purchaser’s exclusive remedy Warranties for any justified claim under this warranty shall be such items are limited to one those extended to the Seller by the manufacturers. b. THIS WARRANTY IS EXPRESSLY MADE BY THE SELLER AND ACCEPTED BY THE PURCHASER IN LIEU OF ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WHETHER WRITTEN, ORAL, EXPRESSED, IMPLIED, OR STATUTORY. THE SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES WITH RESPECT TO ITS PRODUCT ON ITS BEHALF. c. This Warranty shall not apply to product which have been altered or repaired outside of the following, at Seller’s sole discretion: (a) repair authorized facility, or replacement of installed or manipulated other than in accordance with the Product Seller’s instructions, or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modificationssubjected to misuse, abuse, normal wear or tear of replaceable parts such as spouts and hosesneglect, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTaccident.

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and The Goods furnished are substantially free from material defects of workmanship and materials. Services shall be performed in material accordance with recognized industry practice prevailing at the time for the provision of similar services in the location in which such Services are being performed. Purchaser’s sole remedy for any non- conformance with the foregoing warranty will be the repair or replacement of such Goods found to be defective under normal use and workmanship. Unless otherwise specified by Seller service within thirty (30) days from date of shipment to the Delivery Point, or in writingthe case of Services, this warranty extends for one year thirty (30) days from the date of original purchasecompletion, provided Strad is promptly notified in writing upon discovery of such non-conformance. All warranties apply only Goods shall not be returned to Strad or modified without Strad’s written consent. Strad is not responsible for damages caused by improper installation or maintenance, overloading, accident, neglect or harmful alterations or repairs made by others; nor shall Strad be liable for costs of any kind associated with gaining access to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy Goods for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or removal and replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Productany person. This express warranty does not apply toCORRECTION OF ANY NON-CONFORMITY IN THE MANNER AND FOR THE PERIOD OF TIME ABOVE SHALL CONSTITUTE COMPLETE FULFILLMENT OF ALL THE LIABILITIES OF STRAD WHETHER THE CLAIMS OF PURCHASER ARE BASED IN CONTRACT, and no warranty remedy will be given forINCLUDING FUNDAMENTAL BREACH, Product issues resulting from: (a) accidentIN TORT, acts of natureINCLUDING NEGLIGENCE, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerSTATUTE OR OTHERWISE WITH RESPECT TO OR ARISING OUT OF THE WORK PERFORMED HEREUNDER. EXCEPT FOR TO THE LIMITED WARRANTY EXTENT EXPRESSLY SET FORTH ABOVEHEREIN, SELLER STRAD MAKES NO WARRANTY WHATSOEVERNO, AND EXPRESSLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, WARRANTIES, CONDITIONS, COVENANTS, GUARANTEES AND/OR ASSURANCES, WHETHER EXPRESS OR IMPLIED, RELATING TO OR ARISING OUT OF THE GOODS AND/OR THIS CONTRACT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY IMPLIED REPRESENTATIONS, WARRANTIES, CONDITIONS, COVENANTS AND/OR GUARANTEES AS TO MERCHANTABILITY, MERCHANTABLE QUALITY, NON- INFRINGEMENT OF MERCHANTABILITYTHIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR AGAINST INFRINGEMENTOTHERWISE, OR FROM A COURSE OF DEALING OR USAGE OR TRADE. PURCHASER’S SOLE REMEDY FOR A BREACH OF THIS LIMITED WARRANTY, FOR ANY OTHER LIABILITY UNDER THIS AGREEMENT, OR FOR ANY WARRANTY THAT CANNOT BE EXCLUDED OR DISCLAIMED AS PROVIDED IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDANY APPLICABLE LAW, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED AS PROVIDED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTTHIS SECTION.

Warranty. The Seller warrants that the Products Equipment sold by Seller to Purchaser conform to Seller’s specifications and are delivered hereunder will be free from of defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends workmanship for one year a period of twelve months from the date of original purchase. All warranties apply only to placing the original Purchaser Equipment in operation or eighteen months from the date of shipment, whichever shall occur first unless otherwise agreed stated by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR Warranty for parts is 6 months and equipment warranty is 12 months. The Buyer shall be obligated to promptly report any failure to conform to this warranty, in writing to the Seller within said period, whereupon the Seller shall, at its option, correct such nonconformity, by suitable repair to such Equipment or, furnish a replacement part provided the Buyer has stored, installed, maintained, and operated such Equipment in accordance with good industry practices and has complied with specific recommendations of the Seller. Seller reserves the right to take possession of or direct Buyer to return any replaced parts, which shall become Seller property. Accessories or equipment furnished by the Seller, but manufactured by others, shall carry whatever warranty the manufacturers have conveyed to the Seller and which can be passed on to the Buyer. This warranty shall not apply to any component which Buyer directs Seller to use in or add to the Equipment, and which would not otherwise be used or added by the Seller. The Seller shall not be liable for any repairs, replacements, or adjustments to the Equipment or any costs of labor performed by the Buyer or others without the Seller's prior written approval. The effects of corrosion, erosion, and normal wear and tear are specifically excluded. Performance warranties are limited to those specifically stated within the Seller's proposal, and the Seller's obligation for meeting such performance warranties shall be to correct in the manner, and for the period outlined herein. THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESS EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY EXCEPT THAT OF MERCHANTABILITYTITLE, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE PURPOSE, ARE HEREBY DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.

Warranty. Seller ALLEGRO warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for a period of one (1) year from the date of original purchaseshipment to PURCHASER that all such delivered products are free from material defects in workmanship and material and shall substantially conform to ALLEGRO’s product specifications therefor. All warranties apply A product shall be deemed to have defects only if the defect is verified by ALLEGRO. If any product does not conform to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation preceding product warranty, PURCHASER shall inform ALLEGRO within the one (1) year warranty period and Purchaser’s exclusive remedy return such non- conforming products for any justified claim under this warranty shall be limited to one of the following, correction or replacement (at SellerALLEGRO’s sole discretion: (a) ). ALLEGRO's liability for such rejected products is limited solely to the cost of transportation expenses plus the responsibility of either repairing or replacing such non-conforming products or, if repair or replacement of is not possible, refunding the Product or (b) a credit purchase price, at ALLEGRO’s sole option, for the price paid by the original Purchaser of the Productsuch non-conforming products. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts extend to any of nature, our products which fail to operate by reason of improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesapplication, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintaininspection, or store the Product as specified in any applicable instructions and/or warnings provided have been subject to misuse, neglect, or accident, or have been repaired or substantially altered by Seller or the manufacturera third party without ALLEGRO’s authorization. EXCEPT FOR THE LIMITED WARRANTY WARRANTIES SET FORTH ABOVEIN THIS SECTION 2 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, SELLER MAKES NO WARRANTY WHATSOEVERAND ALLEGRO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, ANY WARRANTY OF NONINFRINGEMENT, AND ALL OTHER WARRANTIES, WHICH MIGHT OTHERWISE ARISE FROM COURSE OF DEALING BETWEEN THE PARTIES OR AGAINST INFRINGEMENTUSAGE OF TRADE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTThe remedies provided in this Section 2 are PURCHASER's sole and exclusive remedies for any failure of ALLEGRO to comply with its warranty obligations.

Warranty. Seller Unless otherwise agreed upon by the Parties in writing, the "Warranty Period" shall be two (2) years upon taking title of the Deliverables (or in case of services upon the completion of performance of the service) notwithstanding any termination or cancellation of this PO. Supplier warrants that all Deliverables purchased hereunder (1) will be provided in a professional and workmanlike manner in accordance with the Products sold by Seller to Purchaser conform to Seller’s specifications highest standards in the industry and are be free from defects in design (to the extent the design was provided by Supplier), material and/or workmanship; (2) will be new and workmanshipnot used or reconditioned; (3) will upon Buyer's taking title of the Deliverable and for the Warranty Period conform to the specifications, drawings, and/or descriptions provided to Buyer before its purchase hereunder; (4) will upon Buyer's taking title of the Deliverable and for the Warranty Period be fit for the intended purpose and safe for any use that is consistent with the applicable Specifications or that is reasonably foreseeable; (5) shall be free from Malware and shall not expose any other products and services to any Malware; and (6) shall comply with Buyer’s customer’s requirements that are shared by Buyer with the Supplier; (7) will comply with such other Deliverable specific warranties as may be required by Buyer for the time period required by Buyer; and (8) the Deliverables shall comply with all applicable Laws. Unless otherwise specified Buyer’s approval of designs furnished by Seller Supplier or acceptance of Deliverables shall not relieve Supplier of its obligations hereunder. This warranty is in writingaddition to and not in lieu of any other warranties given by Supplier and warranties created or existing pursuant to applicable Law. This warranty is fully transferable by Buyer at Buyer’s option to Buyer’s customers. Supplier represents and warrants (i) that it has title to the Deliverables and that the Deliverable is free of all liens, this warranty extends for one year security interest or and encumbrance; and (ii) not to use, modify, compile or distribute the software, procured or licensed by Buyer from Supplier, in any manner that would cause any of Buyer’s software to become subject to any Open-Source License Terms. In the event of any breach of warranty, Buyer may, at its option: (1) return or notify about the affected Deliverables in Buyer’s possession to Supplier at Supplier’s expense and risk of loss or damage, in which case Supplier will, at no charge to Buyer, at Buyer’s election: (i) repair, replace or re-perform such Deliverables and return Deliverables without Defect within three (3) days from the date receipt of original purchasethe returned Deliverable or the notification of Defect; or (ii) refund the purchase price of the affected Deliverables within three (3) days from the receipt of the returned Deliverables or the notification of the Defect; (2) have Supplier repair (on or off-site) within twenty-four (24) hours at no charge to Buyer the affected Deliverables and provide, at Buyer’s request, on-site support (in compliance with Buyer’s facility and safety requirements) and rework, replacement or other assistance to address nonconformities and Defects in the Deliverables, without disrupting Buyer’s operations; (3) with Supplier’s prior authorization, repair the affected Deliverables at Supplier’s expense; or (4) return the affected Deliverables in Buyer’s possession to Supplier at Supplier’s expense and risk of loss or damage and purchase replacement products from a third party supplier at Supplier’s cost and expense, in which case Supplier shall refund Buyer the purchase price of such Deliverables (and if the substitute Deliverable price – purchased by Jabil from another source – is greater, Supplier shall also reimburse the difference of the purchase price of any substitute Deliverable and the affected Deliverables) within thirty (30) days after receiving Buyer’s invoice. All These warranties apply only shall survive inspection, test, acceptance, and payment and shall accrue to the original Purchaser Buyer, its successors, assigns and customers. Warranty failures may be returned to Supplier for repair, replacement, or credit at Buyer’s option and at Supplier’s risk and expense. Repaired and replacement Deliverables shall be new and not reconditioned (unless otherwise agreed to in writing between the Parties) and subject to the Warranty terms herein. If Supplier breaches any warranty specified in this PO or afforded by Seller Law, Buyer shall be entitled to avail itself cumulatively of all remedies in writingLaw or in equity. Seller's sole obligation and Purchaser’s exclusive remedy Notwithstanding anything to the contrary to this Section 8., Buyer shall be entitled to full compensation for any justified claim under this warranty shall be and all losses, damages, costs and expenses (including but not limited to one rework costs, overtime charges, cost of the followingmanufactured or partially manufactured assemblies, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price fines and penalties paid by the original Purchaser Buyer and/or claimed by any customer of the Product. This express warranty does not apply to, Buyer related to a breach of Supplier’s warranties hereunder) and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable other similar amounts suffered or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTincurred.

Warranty. The warranty described below applies only to new or unused goods or goods reconditioned by W & O Supply Inc. (Seller). THE SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY FOR USED GOODS OR GOODS SOLD AS IS. For a period of one (1) year after date of purchase of any of the goods described herein, Seller warrants that such goods shall remain free from failure due to defects in workmanship and materials incorporated therein by or for Seller provided such failure shall not have been caused or contributed to by improper usage, service or application, improper installation or maintenance, repairs, alterations, or modifications effected by or for the Products sold by user, misuse, negligence or accident. In the event of failure for which Seller to Purchaser conform has assumed warranty obligations hereunder, and provided written notification of such failure shall be immediately given to Seller’s specifications and are free from defects in material and workmanship, it agrees to repair, or at its option, to replace the goods sold at its sole expense. Unless otherwise specified by Seller in writing, this warranty extends for one year Apart from the date of original purchase. All warranties apply only to the original Purchaser warranty and undertaking above set forth, or unless otherwise agreed specifically consented to in writing by Seller, Seller shall have no obligation or liability for losses, expense or damages, direct or consequential, suffered or incurred as a result of any failure of, or defect in, the goods described herein, including but not limited to, such costs, expenses or damages as may result from the necessity to remove, replace restore or transport the goods from any location or service in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall which they may be limited to one used, regardless of the following, at Seller’s sole discretion: (a) repair cause of such failure or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Productdefect. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerTHIS WARRANTY EXTENDS ONLY TO THE ORIGINAL PURCHASER OF THE GOODS AND IS THE ONLY WARRANTY MADE BY SELLER IN CONNECTION THEREWITH. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES THERE ARE NO WARRANTY WHATSOEVEROTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING OF ANY WARRANTY OF KIND GIVEN WITH RESPECT TO THE GOODS, THEIR MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE OR AGAINST INFRINGEMENTUSAGE, OR OTHERWISE, NOR IS ANY PERSON AUTHORIZED TO EXTEND ON BEHALF OF SELLER ANY FORM OF WARRANTY OTHER THAN THAT ABOVE SET FORTH. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDThe goods described herein are not sold or distributed by Seller for personal, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTfamily or household purposes, nor are they normally suited for use as such.

Warranty. Seller warrants 6.1 Honeywell will replace or repair any product Honeywell provides under this Agreement that fails within the Products sold by Seller warranty period of one (1) year because of defective workmanship or materials, except to Purchaser conform to Seller’s specifications and are free the extent the failure results from defects in material and workmanshipCustomer negligence, fire, lightning, water damage, or any other cause beyond the control of Honeywell. Unless otherwise specified by Seller in writing, this This warranty extends for one year from is effective as of the date of original purchaseCustomer acceptance of the product or the date Customer begins beneficial use of the product, whichever occurs first, and shall terminate and expire one (1) year after such effective date. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's Honeywell’s sole obligation obligation, and PurchaserCustomer’s exclusive remedy for any justified claim sole remedy, under this warranty is repair or replacement, at Honeywell’s election, of the applicable defective products within the one (1) year warranty period. All products repaired or replaced, if any, are warranted only for the remaining and unexpired portion of the original one (1) year warranty period. 6.2 EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6.1, HONEYWELL MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ANY AND ALL WARRANTIES REGARDING HAZARDOUS SUBSTANCES OR MOLD. NO EXTENSION OF THIS WARRANTY WILL BE BINDING UPON HONEYWELL UNLESS SET FORTH IN WRITING AND SIGNED BY ▇▇▇▇▇▇▇▇▇'S AUTHORIZED REPRESENTATIVE. 6.3 Honeywell shall be have no duty, obligation or liability, all of which Customer expressly waives, for any damage or claim, whether known or unknown, including but not limited to one property damage, personal injury, loss of the followingincome, at Seller’s sole discretion: (a) repair or replacement emotional distress, death, loss of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack loss of proper maintenancevalue, unauthorized repairs adverse health effect or modificationsany special, abuseconsequential, normal wear punitive, exemplary or tear other damages, regardless of replaceable parts whether such as spouts and hosesdamages may be caused by or otherwise associated with defects in the Services, in whole or in part due to or arising from any investigation, testing, analysis, monitoring, cleaning, removal, disposal, abatement, remediation, decontamination, repair, replacement, relocation, loss of use of building, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintainequipment and systems, or store the Product as specified personal injury, death or disease in any applicable instructions and/or warnings provided by Seller way associated with Hazardous Substances or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTMold.

Warranty. Seller Tech Data may return any Product which it or any of it's Customer's finds to be defective in workmanship or material for credit in the amount of the Return Price of such Product. AT&T PARADYNE shall indemnify and hold Tech Data, its subsidiaries, harmless from and against all actions, claims, losses, damages, liabilities, awards, costs and expenses (including a reasonable attorney's fee) resulting from or arising out of any breach or claimed breach of the foregoing warranties. All transportation charges for Product so returned shall be borne by Tech Data. --------------------------- * Confidential Treatment Requested 7 AT&T PARADYNE hereby represents and warrants that the Products sold by Seller to Purchaser do and will conform to Seller’s specifications and are free from defects in material and workmanshipall codes, laws or regulations of any governmental agency. Unless otherwise specified by Seller in writing, this AT&T PARADYNE provides a warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of end users who purchase the Product. This express Such warranty does is included in the Product package. Such warranty is not apply toin lieu of Tech Data's rights within Section 4.1 above, and no shall not be considered to be AT&T PARADYNE's warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable to Tech Data or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerTech Data's Retailers. EXCEPT FOR SUCH WARRANTIES TO THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVEREND USER ARE IN LIEU OF ALL OTHER WARRANTIES TO THE END USER, EXPRESS OR IMPLIED, EITHER IN FACT OR BY AN OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE OR INTENDED PURPOSE. AT&T PARADYNE NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION OR USE OF ITS PRODUCTS, NOR MAKES ANY WARRANTY OF MERCHANTABILITY, FITNESS WHATSOEVER FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTANY NON-STANDARD PRODUCT ORDERED BY TECH DATA HEREUNDER. IN NO EVENT WILL AT&T PARADYNE HAVE ANY OBLIGATION OR LIABILITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF REVENUE, PROFIT OR BUSINESS) SUSTAINED BY TECH DATA OR THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION COST OR COVER ARISING FROM OR OTHERWISE RELATED TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTPRODUCTS OR THIS AGREEMENT. The foregoing limitation shall not limit AT&T PARADYNE's obligation to defend and hold harmless Tech Data against certain third party claims as provided herein. In the event AT&T PARADYNE recalls any or all of the Products due to defects, revisions, or upgrades, Tech Data shall provide reasonable assistance in such recall; provided that, AT&T PARADYNE shall pay all of Tech Data's expenses in connection with such.

Warranty. Seller warrants to the Buyer that goods supplied and work or services performed under this Order are (i) merchantable and fit for the Products sold by Seller to Purchaser conform to Seller’s specifications and are purpose intended; (ii) new; (iii) free from defects in material and workmanship; (v) free from defects in design if design is not provided by Buyer; (vi) manufactured in strict accordance with Buyer provided drawings, specifications, etc.; and (vii) free from liens or encumbrances on title (hereinafter “Warranty” or “Warranties”). Buyer or Buyer designee’s written approval of designs furnished by Seller shall not relieve Seller of its obligations under this Warranty. Notwithstanding any other provision, in addition to the foregoing, Seller shall be liable for Buyer’s and Buyer’s designee’s actual costs, expenses and damages related to or arising from Goods not conforming to the Warranty, including but not limited to labor and other costs related to transportation of Goods, expediting, removal, disassembly, failure analysis, fault isolation, assembly, reinstallation, re-inspection, retrofit, and any and all other such corrective action costs incurred by Buyer or Buyer’s designee. Unless otherwise specified by the Buyer, Seller’s Warranty shall extend indefinitely. Buyer and Buyer’s designee shall have the benefit of any other Warranty which may be applicable. In the event Buyer or Buyer’s designee discovers a breach of any of the Warranties specified herein with respect to any Goods thereof within the Warranty period, Buyer or its designee may, at its option: A. Return such Goods to Seller at Seller’s risk and expense, in writingwhich case Seller shall promptly deliver new Goods to Buyer or its designee, this warranty extends for one year from as Buyer shall direct; or Seller shall make the date of original purchase. All warranties apply only returned goods conform to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation Buyer provided drawings, specifications, etc., and Purchaser’s exclusive remedy for any justified claim under this warranty return corrected goods back to the Buyer or its designee, as the Buyer shall be limited to one of the followingdirect, at Seller’s sole discretion: (a) risk and expense. B. Buyer may arrange for the repair or replacement of make the Product Goods otherwise conform to the Buyer provided drawings, specifications, etc., at Seller’s risk and expense in accordance with Seller’s timely instructions, or in accordance with Buyer’s or Buyer’s designee’s best judgment (bat Seller’s risk and expense) a credit for the price paid by the original Purchaser of the Product. This express warranty if Seller does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable provide such instructions or improper use, lack of proper maintenance, unauthorized make such repairs or modificationsprovide replacements within a reasonable time. In addition to the other remedies provided herein, abuse, normal wear Seller shall be liable for all damages to Buyer and Buyer’s designee incurred as a result of any defect or tear breach of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified warranty in any applicable instructions and/or warnings provided item covered by Seller this Order, including but not limited to costs of product recall or litigation related to the manufacturerGoods. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTSeller’s Warranties shall survive the termination of this Order and any contract resulting from the Order.

Warranty. Subject to the limitations in Section 18 herein, Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are Equipment shall be free from defects in material material, workmanship, and workmanshiptitle. Unless otherwise specified by Seller in writing, this warranty extends for one year If it appears within twelve (12) months from the date of original purchase. All warranties apply only initial Equipment startup or until eighteen (18) months after shipment, whichever occurs first, that the Equipment or any part thereof does not conform to the original Purchaser unless otherwise agreed this warranty, and Buyer so notifies Seller within a reasonable time after discovery, Seller shall thereupon promptly correct such nonconformity by Seller in writingrepair or replacement EXW Seller’s factory or service center. Seller's sole obligation and Purchaser’s exclusive ▇▇▇▇▇'s sole remedy under this warranty is repair or replacement at Seller's election. Seller's warranty obligation for Services shall be the earlier of either ninety (90) days from the date of initial startup or six (6) months after completion of the Service work. Seller shall not be responsible for any justified claim on-site costs, including removal and reinstallation of any warranted Equipment. Buyer agrees to provide Seller reasonable and clear access to its Equipment which may include removal of materials or structures as well as supplying any equipment, materials or structures which are necessary to provide reasonable access to the Equipment being repaired or replaced. All Equipment repaired or replaced will be re-warranted only for the remainder of the original warranty period. THE EXPRESS WARRANTY SET FORTH HEREIN IS THE EXCLUSIVE WARRANTY OF SELLER, AND NO OTHER WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE, SHALL APPLY. Seller is not responsible for repairs or alterations made by others without mutual written agreement between Seller and ▇▇▇▇▇. Seller does not warrant the Equipment or any repair/replacement part against the effects of erosion, corrosion, or normal wear and tear due to operation or the environment. The warranty and remedies set forth herein are conditioned upon proper storage, installation, use and maintenance of the Equipment in all material respects, and in accordance with Seller’s written recommendations. Replacement parts or repairs furnished under this warranty shall be limited subject to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit warranty provisions herein for the price paid by the remaining original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTperiod.

Warranty. Seller 8.1 AlgoSec warrants that at the Products sold time of delivery of the AlgoSec Solution or Software, Hosted Solutions and for ninety (90) days thereafter, the AlgoSec Solution or Software, as applicable, will perform in substantial accordance with the Documentation. If during such period, the AlgoSec Solution or Software does not perform as warranted and AlgoSec is notified of the purported failure to perform, AlgoSec including through an Authorized Reseller will, at its option, undertake to correct the AlgoSec Solution or Software, replace the AlgoSec Solution or Software free of charge or, if neither of the foregoing can be accomplished on a commercially reasonable basis, terminate this Agreement and refund to Customer the amount actually paid by Seller Customer for the AlgoSec Solution or Software, as applicable. The foregoing are Customer's sole and exclusive remedies for breach of warranty. The warranty set forth above is made to Purchaser conform to Seller’s specifications and are free from defects in material and workmanshipfor the benefit of Customer only. Unless otherwise specified by Seller in writing, this The warranty extends for one year from the date of original purchase. All warranties will apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretionif: (a) repair the AlgoSec Solution or replacement of Software, as applicable, have been properly installed and/or used in accordance with the Product or instructions for use; and (b) a credit for no alteration, modification or addition has been made to the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable AlgoSec Solution or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerSoftware. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVE, SELLER ALGOSEC (INCLUDING THROUGH AN AUTHORIZED RESELLER IF APPLICABLE) MAKES NO WARRANTY WHATSOEVERWARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE ALGOSEC SOLUTION OR SOFTWARE OR ANY MATERIALS OR SERVICES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. ALGOSEC (INCLUDING ANY WARRANTY THROUGH AN AUTHORIZED RESELLER IF APPLICABLE) SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE ALGOSEC SOLUTION, OR AGAINST INFRINGEMENTSOFTWAREAND ANY OTHER MATERIALS AND SERVICES PROVIDED HEREUNDER. NO WARRANTIES GIVEN BY AN AUTHORIZED RESELLER SHALL BIND ALGOSEC. FURTHER, ALGOSEC SPECIFICALLY DISCLAIMS ANY WARRANTY IN CONNECTION WITH THE EVENT ACCURACY OF THE OUTPUT AND RECOMMENDATION PROVIDED TO YOU WHILE USING ALGOSEC’S SOLUTION OR THE SOFTWARE AND ANY ACTIONS BASED THEREUPON SHALL BE AT YOUR RISK. ALGOSEC DISCLAIMS ANY SUCH WARRANTIES EXIST AT LAW GIVEN BY AN AUTHORIZED RESELLER AND SHALL NOT BEAR ANY LIABILITY WITH RESPECT THEREOF. 8.2 CUSTOMER ACKNOWLEDGES THAT USE OF HOSTED SOLUTIONS THE ALGOSEC SOLUTION OR THE SOFTWARE MAY NOT BE DISCLAIMEDUNINTERRUPTED, PURCHASER AGREES WITHOUT DELAY OR ERROR FREE. WHILE ALGOSEC TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE HOSTED SOLUTIONS ALGOSEC SOLUTION OR THE SOFTWARE, ALGOSEC DOES NOT GUARANTEE THAT SUCH WARRANTIES THE HOSTED SOLUTIONS ALGOSEC SOLUTION OR THE SOFTWARE CANNOT BE COMPROMISED. ALGOSEC IS NOT LIABLE FOR ANY CONTENT USED WITH HOSTED SOLUTIONS THE ALGOSEC SOLUTION OR THE SOFTWARE, INCLUDING CUSTOMER DATA AND SHALL BE LIMITED IN DURATION LIABLE ONLY FOR DEPLOYMENT OF THE SERVICES SPECIFICALLY ACCORDING TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE TERMS OF THE PRODUCTTHIS AGREEMENT.

Warranty. Seller warrants that the Products sold by Seller SODERN undertakes to Purchaser conform to Seller’s specifications and are free remedy any defects resulting from defects in material and faulty design, materials or workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year a period of 12 (twelve) months starting from the date of original purchaseDelivery, or until launch whichever occurs first. All warranties BUYER shall notify SODERN in writing without delay of any defects that have appeared and shall give to SODERN every opportunity of inspecting and remedying them by returning to SODERN the Equipment in which a defect covered by this clause has appeared. The delivery to BUYER of such Equipment properly repaired shall be deemed to be a fulfilment by SODERN of his obligations under this Agreement. Defective parts replaced in accordance with this clause shall be SODERN’s property. The period of warranty shall be extended by such period as the defective items were not available to BUYER. Are at SODERN’s expenses: • cost of transportation and return of the Equipment between BUYER and SODERN’s premises, • cost of parts, • cost of SODERN’s manpower (exclusive of personnel travel expenses in case of repair at BUYER's premises). SODERN's liability shall not apply only in case of: • defects caused by components, equipment or sub-assembly furnished by BUYER, • improper use, maintenance or storage of the Equipment, • alteration or repair carried out without SODERN's consent in writing, or carried out improperly, • normal wear, • defects which are induced by any anomaly occurred in an electronic or mechanical components following alert. The warranty applies to the original Purchaser unless otherwise agreed Equipment delivered by Seller SODERN and excludes any costs in writingrelation with the disassembly/re-assembly (including failure analysis, tests, etc) of SODERN's defective Equipment integrated in the higher BUYER equipment. Seller's sole obligation and PurchaserAny costs induced by defective components supplied by BUYER (such as failure analysis, tests, disassembly re-assembly) are excluded from the field of the warranty. The provisions herein represent SODERN’s entire liability in respects of defects in the Equipment after acceptance. The warranties provided under this provision are exclusive of any oral, written, express or implied warranty as well as any compensation, remedy for any justified or damages that the BUYER would claim under this warranty shall be limited to one of the following, Agreement or at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTlaw.

Warranty. Seller ALLEGRO warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for a period of one (1) year from the date of original purchaseshipment to PURCHASER that all such delivered products are free from material defects in workmanship and material and shall substantially conform to ALLEGRO’s product specifications therefor. All warranties apply A product shall be deemed to have defects only if the defect is verified by ALLEGRO. If any product does not conform to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation preceding product warranty, PURCHASER shall inform ALLEGRO within the one (1) year warranty period and Purchaser’s exclusive remedy return such non-conforming products for any justified claim under this warranty shall be limited to one of the following, correction or replacement (at SellerALLEGRO’s sole discretion: (a) ). ALLEGRO’s liability for such rejected products is limited solely to the cost of transportation expenses plus the responsibility of either repairing or replacing such non-conforming products or, if repair or replacement of is not possible, refunding the Product or (b) a credit purchase price, at ALLEGRO’s sole option, for the price paid by the original Purchaser of the Productsuch non- conforming products. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts extend to any of nature, our products which fail to operate by reason of improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesapplication, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintaininspection, or store the Product as specified in any applicable instructions and/or warnings provided have been subject to misuse, neglect, or accident, or have been repaired or substantially altered by Seller or the manufacturera third party without ALLEGRO’s authorization. EXCEPT FOR THE LIMITED WARRANTY WARRANTIES SET FORTH ABOVEIN THIS SECTION 2 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, SELLER MAKES NO WARRANTY WHATSOEVERAND ALLEGRO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, ANY WARRANTY OF NONINFRINGEMENT, AND ALL OTHER WARRANTIES, WHICH MIGHT OTHERWISE ARISE FROM COURSE OF DEALING BETWEEN THE PARTIES OR AGAINST INFRINGEMENTUSAGE OF TRADE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTThe remedies provided in this Section 2 are PURCHASER’s sole and exclusive remedies for any failure of ALLEGRO to comply with its warranty obligations.

Warranty. Seller warrants for a period of one (1) year after date of receipt, that the Products sold products and items to be furnished hereunder shall conform in all respects to the specifications, drawings, and other data or advertising submitted to or received by Buyer, or with Seller’s samples, and that same shall be merchantable, of good material and workmanship, free from defects, and fit for the use intended by Buyer. Such warranties shall be in addition to any other warranties, given to Buyer and shall survive inspection test, acceptance and payment. Buyer may, at its option, either return for full credit or require prompt correction or replacement of defective or nonconforming products, items, or parts thereof, which right shall be in addition to such other legal or equitable rights possessed by Buyer, including without limitation, the right to recover damages from Seller in connection with any loss, including incidental and consequential losses. The return to Purchaser conform Seller of any defective or nonconforming products, items or parts shall be at Seller’s expense, and no replacements of defective or nonconforming products, items or parts shall be made unless specified or agreed to by Buyer. Items required to be corrected or replaced shall be subject to this warranty and to the clause above entitled “Specifications and Inspections” to the same extent as products or items originally delivered under this order. Upon written request by Buyer therefor, Seller shall provide properly executed releases of liens by, or satisfactory evidence of full payment to Seller’s specifications subcontractors, if any, and are free suppliers, and if Seller refuses or neglects to furnish such releases or other evidence of payment, then, and in any event, Buyer shall have the right to withhold from defects in material and workmanship. Unless sums otherwise specified due Seller amounts reasonably necessary to protect Buyer against loss due to actual or threatened claims by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the followingsuch subcontractors or suppliers and, at SellerBuyer’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply tooption, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesto pay said sums, or other causes not directly arising from defects in materials a portion thereof, to such subcontractors or workmanship; (b) any Product damaged by the failure suppliers on behalf of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTBuyer and without any obligation to account to Seller therefor.

Warranty. Seller warrants to Purchaser that the Products sold any products provided by Seller to Purchaser conform to Seller’s specifications and are hereunder shall be free from defects in material or workmanship under normal use and workmanshipoperation during the warranty period stated herein. Unless otherwise specified by Seller If any catalog products provided hereunder prove to be defective in writing, this warranty extends for material and workmanship within a period of ten (10) years from the date of manufacture or any non-catalog products provided hereunder prove to be defective in material and workmanship within a period of one (1) year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller manufacture, Seller, if promptly notified thereof in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, will correct such defect at its own expense by, at Seller’s sole discretion: (a) repair its option, repairing or replacement of replacing the Product or (b) a credit for the price paid defective products. Products manufactured by third party are covered by the original Purchaser of the Productmanufacturers’ warranty. This express warranty does not apply toTHE FOREGOING IS THE SOLE AND EXCLUSIVE WARRANTY OF THE SELLER. ALL OTHER WARRANTIES, and no warranty remedy will be given forWRITTEN OR ORAL, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERSTATUTORY, EXPRESS OR IMPLIED, . INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE, ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THESE TERMS OF SALE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDClaims for defective products shall be subject to verification by an authorized employee of Seller. No products shall be returned to Seller without its prior written consent. Products which Seller consents to have returned shall be shipped prepaid F.O.B. the seller’s factory or other location designated by the Seller. Seller shall not assume responsibility or accept invoices for unauthorized repairs or alterations its products, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTeven though defective. Any replacement or repaired product furnished under this warranty by Seller shall be warranted for the balance of the warranty period and under the same warranty conditions as applicable to the original product.

Warranty. Seller Supplier warrants that the Products sold by Seller to Purchaser conform to Seller’s be provided under this Agreement are new. Supplier warrants that the Products shall meet the applicable specifications and are shall be free from defects in material and workmanship. Unless otherwise specified by Seller in writingresulting from faulty design, this warranty extends for one year materials or workmanship [*] from the date of original purchasedelivery to Buyer under Section 6.1.2 above. All warranties apply The returned material will be only to the original Purchaser unless otherwise agreed by Seller in writingaccepted upon RMA procedure, RMA number being given within no more than [*]. SellerSupplier's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following[*]. This warranty shall not apply, at Seller’s sole discretion: inter alia, to defects or deterioration in Products caused by or attributable to (ai) repair or replacement of the Product utilization otherwise than in accordance with instructions furnished by Supplier, or (bii) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesmaintenance and/or storage, or other causes (iii) Products modification not directly arising from defects in materials or workmanship; (b) any Product damaged provided for by the failure of the owner to useSupplier. THE FOREGOING WARRANTY SETS FORTH THE ENTIRE LIABILITY AND OBLIGATIONS OF SUPPLIER, maintainSUPPLIER AFFILIATED COMPANIES AND THEIR RESPECTIVE SUPPLIERS FOR DEFECTS OR DEFICIENCIES IN THE PRODUCTS, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerWHETHER BASED ON BREACH OF WARRANTY, OR OTHERWISE. EXCEPT FOR THE LIMITED WARRANTY WARRANTIES SET FORTH ABOVEOR LIMITED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, SELLER MAKES NO WARRANTY WHATSOEVEREXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY WARRANTIES OF MERCHANTABILITYNONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, ACCURACY OR AGAINST INFRINGEMENTTITLE. IN TO THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT EXTENT AN IMPLIED WARRANTY CANNOT BE DISCLAIMEDEXCLUDED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE WARRANTY IS LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTPERIOD. [*] Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.

Warranty. Seller warrants that 8.1. DISTRIBUTOR shall pass on to its customers ASTC's standard Limited Warranty as set forth here, including the Products sold by Seller limitations set forth in subsections 8.2 and 8.3 immediately below. 3DSCOPE-TM- products are warranted for a period of one year from the date of shipment, with exceptions as noted, to Purchaser conform to Seller’s specifications and are be free from defects in material and workmanship. Unless otherwise specified by Seller in writingA three (3) month warranty exists for the Light Guide, this video peripherals and Replacement Lamp. No warranty extends EXHIBIT A exists for one year from the date of original purchaseStereo Eyewear. All warranties apply only The Warranty is limited to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit product, at the discretion American Surgical Technology Corporation, without charge when returned to the appropriate service facility. American Surgical Technologies Corporation warrants that the equipment is fit for the price paid by purposes and indications described in the original Purchaser labeling when used in accordance with the directions for use. Unless the equipment is used in accordance with such instructions this warranty is void and of the Productno effect. NO OTHER EXPRESSED OR IMPLIED WARRANTY EXISTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR PROXIMATE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. This express warranty does not apply to, cover abnormal wear and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable tear or improper use, lack of proper maintenance, unauthorized repairs or damage caused by misuse modifications, abuserecalibrations, normal wear abuse or tear of replaceable parts such as spouts and hoses, or service by other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerthan an authorized Company representative. 8.2. EXCEPT FOR THE LIMITED EXPRESS WARRANTY SET FORTH ABOVE, SELLER MAKES ASTC GRANTS NO WARRANTY WHATSOEVEROTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITYBY STATUTE OR OTHERWISE REGARDING THE ASTC PRODUCTS, THEIR FITNESS FOR A PARTICULAR PURPOSE ANY PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY OR AGAINST INFRINGEMENTOTHERWISE. 8.3. IN ASTC LIABILITY UNDER THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES AFORESAID WARRANTY SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE A REFUND OF THE PRODUCTCUSTOMER'S PURCHASE PRICE. IN NO EVENT SHALL ASTC BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTANTIVE GOODS BY THE CUSTOMER OR FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES FOR BREACH OF WARRANTY. 8.4. NOTWITHSTANDING ANY OF THE ABOVE PROVISIONS, ASTC SHALL BE RESPONSIBLE FOR CLAIMS OF THIRD PARTIES OR DAMAGES ALLEGED TO BE SUFFERED BY REASON OF THEIR USE OF PRODUCTS, PROVIDED THE DAMAGES ARE NOT DUE TO ANY DEFAULT, NEGLIGENCE, MISREPRESENTATION, OR ANY ACT OR MISSION OF DISTRIBUTOR PROVIDED THAT DISTRIBUTOR HAS GIVEN ASTC PROMPT NOTICE OF ANY SUCH CLAIM.

Warranty. Seller Supplier provides the warranty for each Product as set forth in the manual for such Product. To the extent no warranty is set forth in the applicable manual, Supplier warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are each Product will be free from defects in material and workmanshipworkmanship which results in noncompliance with the Specifications for such Product. Unless otherwise specified by Seller in writing, this This warranty extends shall begin upon Delivery and continue for a period of one year from such date. If during this period the date Product does not comply with the Specifications as a result of original purchasedefects in material or workmanship, Customer may contact Supplier to arrange return of the faulty Product, shipping prepaid and fully insured, to an authorized Supplier service facility. All warranties apply only to If upon inspection of the original Purchaser unless otherwise agreed by Seller item in writing. Seller's question, defects in workmanship or materials are revealed, Supplier’s sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) supply a repair or replacement for any defective part of a Product, and to return such Product to Customer by shipping it EX WORKS (as defined in Incoterms 2020) the service facility. Supplier shall not be required to supply any labor for repairs or replacement of parts. This warranty is void if the Product has not been used as recommended or instructed, has been altered or used with unauthorized accessories, has been subject to misuse, abuse or accident, or has been damaged due to causes not related to poor workmanship or defective materials. All parts or components not manufactured by Supplier are warranted only to the extent of the Product or (b) a credit for the price paid by the original Purchaser warranty of the Productrespective manufacturers. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE THIS LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, IS EXPRESSLY GIVEN IN LIEU OF ALL OTHER EXPRESS OR IMPLIEDIMPLIED WARRANTIES, INCLUDING ANY WARRANTY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST PURPOSE, AND NON-INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE ALL OF THE PRODUCTWHICH ARE HEREBY EXCLUDED.

Warranty. Seller (a) MacroPore represents and warrants to Medtronic that the all Developed Products sold under this Agreement will have been manufactured and packaged in accordance with all applicable laws and regulations, including (as applicable) FDA GMP requirements, European Medical Device Directive requirements, ISO 9001 certification or successor requirements, and all other applicable manufacturing requirements. Upon prior written notice, MacroPore shall cause Medtronic's regulatory personnel to be provided with reasonable access from time to time to the facilities and records of MacroPore for the purpose of confirming MacroPore's and the Product's compliance with all applicable laws and regulations. (b) MacroPore warrants to Medtronic and to Medtronic's customers that Developed Products shall, when delivered to Medtronic, meet the Specifications and, for a period of one year after delivery of the Product to the customer but not more than two years after receipt by Seller to Purchaser conform to Seller’s specifications and are Medtronic, be free from defects in material materials and workmanship. Unless otherwise specified by Seller The foregoing express warranty is contingent upon proper use of the Developed Products in writingthe applications for which they were intended as indicated in the Product label claims. Medtronic shall invoice MacroPore for, this warranty extends and MacroPore shall promptly pay, all shipping, transportation, insurance and other expenses actually incurred in replacing defective Developed Products that were under warranty. MacroPore will repair, replace or credit Medtronic's account for one year from any Product that it reasonably determines was defective at the date time of original purchase. All warranties apply only shipment to Medtronic or that does not conform to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole express warranties herein; provided, however, that MacroPore shall have no obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product make replacements or (b) a credit for the price paid grant credits necessitated in whole or in part by the original Purchaser of the Product. This express warranty does not apply toaccidents; failure to maintain in accordance with any transportation, and no warranty remedy will be given forstorage, Product issues resulting from: (a) accidenthandling, or maintenance, instructions supplied by MacroPore; damage by acts of nature, improper installationvandalism, improper assembly, unreasonable burglary neglect or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, misuse; or other causes not directly arising from defects in materials fault or workmanship; negligence of Medtronic or (bexcept for any strict liability of MacroPore) the customer or user. Prior to returning any Product damaged by the failure alleged to be defective, Medtronic shall notify MacroPore in writing of the owner to useclaimed defect and shall include the model and lot/serial number of such Product, maintainas well as the number and date of the invoice therefor. No Product shall be returned without first obtaining a returned goods authorization from MacroPore, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTwhich authorization shall not be unreasonably withheld.

Warranty. Seller warrants 12.1 We warrant that the Products sold by Seller all products delivered to Purchaser You will conform to Seller’s their specifications in all material respects and are will be free from material defects in material design, materials and workmanship. Unless otherwise specified by Seller in writing, this workmanship during the applicable warranty extends periods. 12.2 The warranty periods for one year from products are those applicable on the date We issue Our quotation or accept Your order as set out in Our War- ranty Policy. 12.3 Warranty claims must be notified to Us in writing within 20 busi- ness days of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one discovery of the followingnon-conformity or defect and, in any event, before expiry of the warranty period. 12.4 Notifications of warranty claims must be accompanied by a de- tailed description and photos of the non-conformity or defect and a copy of the relevant invoice(s) and delivery receipt(s). 12.5 Upon Our request, You must return the relevant product or part to Us or send Us additional information to enable Us to determine the validity of a warranty claim. 12.6 If We find, in our reasonable opinion, that a warranty claim is not valid, You must reimburse Us for all reasonable costs and expenses incurred by Us as a result of the claim. 12.7 If We find that a warranty claim is valid We will, at Seller’s sole discretion: Our option and expense, (ai) repair or replacement replace the relevant product or part, or (ii) refund the price You paid Us for it less a reasonable allowance for use and obsolescence, within a reasonable time. 12.8 When a product or part has been replaced or refunded, it becomes Our property. Upon Our request, You must return it to Us, at Our expense. 12.9 Warranty repairs and replacements are warranted for the remain- der of the Product or (b) a credit for the price paid by the original Purchaser warranty period of the Product. This express relevant product or part or 90 calendar days from the time of delivery of the repair or re- placement to You, whichever is longer. 12.10 The warranty in Article 12 does not apply to, and no warranty remedy will be given for, Product issues resulting fromcover non-conformities or de- fects caused by: (ai) accidentincorrect storage, acts of naturemounting, improper installationrepair, improper assembly, unreasonable mainte- ▇▇▇▇▇ or improper use, lack (ii) alteration or modification of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.original condition,

Warranty. Seller 14.1. Supplier warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year a period of [ ]* from the date of original purchase. All warranties apply only manufacture, or [ ]* months for Products Supplier hubs for demand pull, that (i) the Product will conform to the original Purchaser unless otherwise agreed specifications applicable to such Product at the time of its manufacture, which are furnished in writing by Seller Customer and accepted by Supplier; (ii) such Product will be of good material (supplied by Supplier) and workmanship and free from defects for which Supplier is responsible in writingthe manufacture; (iii) such Product will be free and clear of all liens and encumbrances and that Supplier will convey good and marketable title to such Product. Seller's sole obligation and Purchaser’s exclusive remedy for In the event that any justified claim under this warranty Product manufactured shall not be limited to one of in conformity with the followingforegoing warranties Supplier shall, at SellerCustomer’s sole discretion: (a) repair or replacement of option, either credit Customer the Product or (b) a credit for the purchase price paid by the original Purchaser of the Customer for such Product, or, at Supplier’s expense, replace, repair or correct such Product. This express The foregoing constitutes Customer’s sole remedies against Supplier for breach of warranty does not apply toclaims. 14.2. Supplier shall have no responsibility or obligation to Customer under warranty claims with respect to Products that have been subjected to abuse, and no warranty remedy will be given formisuse, Product issues resulting from: (a) accident, acts of naturealteration, improper installationneglect or damaged in repair by other than Supplier personnel. * - Confidential Treatment Requested. Omitted portions filed with the SEC. 14.3. Supplier agrees to transfer to Customer any transferable warranty made to Supplier by its vendors with respect to materials included in or comprising Products. THE WARRANTIES CONTAINED IN THIS SECTION ARE IN LIEU OF, improper assemblyAND SUPPLIER EXPRESSLY DISCLAIMS AND CUSTOMER WAIVES, unreasonable or improper useALL OTHER REPRESENTATIONS AND WARRANTIES, lack of proper maintenanceEXPRESS, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, STATUTORY OR ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR OTHERWISE, INCLUDING ANY WARRANTY WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTUSE. 14.4. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTIn the case of non-conforming Product (excluding defects caused by Customer) the Supplier will be responsible for all rework costs associated with the non-conforming board. The Supplier will use all commercial means necessary to meet all scheduled Delivery Date requirements.

Warranty. Seller warrants that the Products sold Except as is furnished herein in writing by Seller to Purchaser conform Buyer, Seller warrants solely to Buyer only that materials furnished hereunder will be of the kind designated or specified, and no other warranty, except of title, shall be implied. Providing Buyer gives notice in accordance with Article 11, if goods sold hereunder contain defects in material or workmanship demonstrated to Seller’s specifications and are free satisfaction to have existed at the time of departure from defects Seller’s plant, Seller, reserving the right to either inspect them in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and PurchaserBuyer’s exclusive remedy for any justified claim under this warranty shall be limited to one of the followinghands or request their return will, at Seller’s sole discretion: (a) repair option, correct or replacement of the Product replace at Seller’s expense F.O.B. Seller’s plant, or (b) a give Buyer proper credit for the price paid such goods determined by the original Purchaser of the ProductSeller to defective, with all necessary packaging and transportation costs (if any) to be assumed by Buyer. This express warranty does The foregoing shall not apply toto goods that shall have been subjected to alteration, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of naturecontamination, improper installationmaintenance or storage, improper assemblymisapplication, unreasonable misuse, negligence or improper use, lack of proper maintenance, unauthorized repairs accident after shipment from Seller’s plant by anyone except Seller’s authorized employees or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturergoods to which Buyer’s tests use an unrepresentative sample. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVEON FACE OF SELLER’S INVOICE OR ON THE ▇▇▇▇ OF LADING, SELLER MAKES NO WARRANTY WHATSOEVERALL WARRANTIES OF MATERIALS SOLD HEREUNDER, EXPRESS EXPRESSED OR IMPLIED, INCLUDING ANY BUT NOTLIMITED TO WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY. THE REMEDIES SET FORTH IN THIS ARTICLE 3 SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE BUYER, IN LIEU OF ALL OTHER REMEDIES FOR DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL AND SPECIAL OR AGAINST INFRINGEMENTINCIDENTAL DAMAGE ARISING OUT OF LATE, PARTIAL AND/OR NON DELIVERY, THE SALE, USE, FURNISHING OF MATERIALS, OR SUITABILITY FOR GENERAL OR PARTICULAR USE). IN NO EVENT WILL SELLER’S LIABILITY EXCEED THE CONTRACT (PURCHASE) PRICE FOR THE MATERIALS FOR WHICH LIABILITY IS CLAIMED. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING SUITABILITY FOR USE AND SELLER SHALL IN NO EVENT WARRANTIES EXIST AT LAW THAT MAY BE LIABLE IN THIS RESPECT. THE GIVING OR FAILURE TO GIVE ADVICE, RECOMMENDATION OR SAFETY WARNINGS OF ANY CHARACTER BY SELLER SHALL NOT BE DISCLAIMEDIMPOSE ANY LIABILITY UPON SELLER. If the materials sold hereunder are resold by Buyer, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTBuyer agrees to include in the contract for resale provisions which limit recoveries against Seller in accordance with this Article 3. No employee or agent of Seller is authorized to make any warranty statement, promise or understanding other than that which is specifically set forth herein. The provisions in any specification data sheet or chart issued by Seller or attached hereto are descriptive only and are not warranties or representations.

Warranty. Seller Apex warrants that the Products sold work performed by Seller to Purchaser conform to Seller’s specifications and are Apex hereunder will be free from of defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends workmanship for one year a period of three (3) years from the date of original purchaseissuance of the final inspection certificate. During this warranty period, Apex will repair or replace(at Apex’s discretion) with like items, at no charge to Purchaser, all items and parts that are applicable to the Balance of System parts installed per design not including manufactures parts and labor. All warranties apply only to manufactures and product warranty’s will follow the original manufactures warranty and guidance. Apex will invoice Purchaser unless otherwise agreed for any inoperable or replacement EVSE components and labor in accordance with the manufacturers applicable warranty provided by Seller in writingthe manufacturer thereof. Seller's sole obligation and Manufactures warranty service during the applicable warranty period will be performed at the Purchaser’s exclusive remedy for any justified claim under this request during Apex’s normal business hours. This warranty shall be limited in some cases does not cover Apex labor or extend to one claims that result, in Apex’s judgment, from misuse,n69egligence, neglect, improper installation or maintenance, alterations or repairs performed by personnel not employed, trained or certified by Apex, or operation using supplies or other components which do not conform to, or are used in a manner inconsistent with, the EVSE design or when Purchaser reasonably should have learned of such inoperable component. Purchaser hereby grants Apex as well as Apex’s employees, authorized agentsand subcontractors, the following, at Seller’s sole discretion: (a) repair or replacement right of ingress and egress to and from the Product or (b) a credit Premises for the price paid by purpose of conducting all warranty repair on the original EVSE. Warranty is not applicable and null and void if Purchaser of the Product. This express warranty does not apply todeliver 100% full payment to Apex. In the event of any warranty claim by Purchaser which is deemed by Apex in its sole discretion not to be a valid warranty claim, Apex shall notify Purchaser and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner Purchaser shall pay to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTApex reasonably labor costs at Apex’s thenapplicablelaborcharge.

Warranty. Seller PLI warrants that the Products sold any product supplied under purchase orders issued by Seller to Purchaser conform to Seller’s specifications Buyer and are accepted by PLI, where properly used, stored and maintained, and if properly assembled and installed, shall be free from defects in workmanship and material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date a period of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one 12 months after delivery of the followingproducts. Buyer shall give PLI, at Seller’s sole discretion: within ten (a10) days of the discovery of any warranty claim, written notice of the claimed defect and satisfactory proof thereof. PLI shall, within ten (10) days of the receipt of the returned Product, provide Buyer with written notice of the results of investigation and, if subject to repair or replacement of under the Product warranty, the scheduled reworked or (b) a credit for the price paid by the original Purchaser of the Productreplaced product delivery schedule. This express PLI's warranty does not apply toextend to (i) any damage or loss due to misuse, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modificationsdisaster, abuse, neglect, normal wear or tear of replaceable parts such as spouts and hoseswear, or other causes damage or loss due to work not directly arising from defects in materials performed by PLI or workmanship; its contractors, (bii) any damage or loss caused by a Product damaged that has been repaired or altered by the failure of the owner to use, maintainBuyer or a third party without PLI's prior written approval, or store the Product as specified in any applicable (iii) defects arising out of data, drawings, specifications or instructions and/or warnings provided furnished by Seller or the manufacturerBuyer. PLI'S OBLIGATION AND BUYER'S EXCLUSIVE REMEDY UNDER THIS WARRANTY SHALL BE LIMITED TO REPAIR OR REPLACEMENT BY PLI AT ITS COST OF THE PRODUCTS THAT PROVE DEFECTIVE WITHIN THE APPLICABLE WARRANTY PERIOD OR, AT PLI’S DISCRETION, A REFUND OF THE PURCHASE PRICE OF SUCH DEFECTIVE PRODUCTS. REPLACEMENT PRODUCTS ARE WARRANTED ONLY FOR THE REMAINING WARRANTY PERIOD OF THE ORIGINAL PRODUCT. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEAS EXPRESSLY PROVIDED HEREIN, SELLER PLI MAKES NO REPRESENTATION OR WARRANTY WHATSOEVEROF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION ANY OTHER MATTER WITH RESPECT TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTPRODUCTS.

Warranty. Seller (a) Licensor warrants that that, for a period of sixty (60) days after delivery of the Products sold by Seller Licensed Product to Purchaser conform to Seller’s specifications Licensee: (1) Under normal Use and are service, the media on which the Licensed Software is delivered (if so delivered otherwise than electronically) shall be free from defects in material and workmanship, and (2) The Licensed Product will meet Licensor's then current published specifications for the Software. (b) If the Licensed Product fails to meet the media warranty of Paragraph 8(a)(1) and Licensee gives Licensor written notice thereof during the applicable warranty period, Licensor shall replace such media. Unless otherwise specified by Seller in writingIf the Licensed Product fails to meet the warranty of Paragraph 8(a)(2) and Licensee gives Licensor written notice thereof during the applicable warranty period, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. SellerLicensor's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of provide technical services to attempt to correct the followingfailure, at Seller’s sole discretion: (a) repair provided that Licensee gives Licensor detailed information regarding the failure and Licensor is able to duplicate or replacement of view the same. Licensee acknowledges that the Licensed Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does is complex, may not apply tobe error free, and no warranty remedy will that all errors, if any, may not be given forcorrectable or avoidable. (c) EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED IN PARAGRAPH 8 AND IN LIEU OF ALL OTHER WARRANTIES, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES THERE ARE NO WARRANTY WHATSOEVERWARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDSYSTEM INTEGRATION, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS RELATING TO THE ONE YEAR WARRANTY PERIOD AND LICENSED PRODUCT. Some jurisdictions do not permit the exclusion of implied warranties or limitations on applicable statutory rights of the consumer, and, as such, some portion of the above limitation may not apply to Licensee. In such jurisdictions, Licensor's liability is limited to the greatest extent permitted by law. (d) Licensee shall be solely responsible for the selection, Use, efficiency, and suitability of the Licensed Product and neither Licensor nor any of Licensor’s affiliates shall have any liability therefor. (e) The warranty provision of this Paragraph 8 do not apply if the Software has been subject to modification by other than Licensor or on Licensor's instruction or by an affiliate of Licensor, has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Licensor, is subject to accident or abuse, or is used in ultra hazardous activities. (f) Licensor warrants that the Software is date compliant. The duration of this warranty and remedies available to the Licensee for breach of this warranty shall be limited to repair or replacement of the Software where such non-compliance is discovered and made known to Licensor in writing within ninety (90) days after acceptance. Nothing in this warranty shall be construed to limit any rights or remedies Licensee may otherwise have under this Agreement with respect to other defects. (g) DESPITE ANY OTHER PROVISION HEREOF TO THE REPLACEMENT VALUE CONTRARY, LICENSOR'S AND ITS AFFILIATES’ LIABILITY OF ANY KIND SHALL NEVER EXCEED THE AMOUNT SET OUT IN PARAGRAPH 11. (h) Despite any other provision hereof to the contrary “UNACTIVATED SOFTWARE”, AS HEREIN DEFINED, IS SUBJECT TO NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS RELATING TO THE LICENSED PRODUCT.

Warranty. Seller (i) Notwithstanding acceptance of delivery by Licensee of the Ground Segment Hardware as provided in Section 4(e) and subject to the warranty conditions in this Section 4(g), ORBCOMM hereby warrants that that, for a period of [CONFIDENTIAL TREATMENT] after completion of the Products sold by Seller to Purchaser conform to Seller’s specifications and are System Acceptance Test (the "Warranty Period"), the Ground Segment Hardware shall be free from defects in material and workmanshipworkmanship and shall operate and conform to the performance capabilities, specifications, functions and other descriptions set forth in the Acceptance Specifications. Unless otherwise specified by Seller ORBCOMM shall, at its expense, repair or replace any Ground Segment Hardware that does not conform to such warranty. ORBCOMM's obligation during the Warranty Period shall be limited to repair or replacement of any Ground Segment Hardware for which it has provided a warranty. Notice of all claimed defects must be provided in writingwriting to ORBCOMM within the Warranty Period. ORBCOMM shall determine to its satisfaction after inspection that the product or part was defective, this warranty extends for one year from and it shall determine where the date of original purchaserepair shall take place. All warranties apply Any Ground Segment Hardware repaired or replaced shall be subject only to the original Purchaser unless otherwise agreed by Seller in writingWarranty Period. SellerThe warranty set forth herein is Licensee's sole obligation and Purchaser’s exclusive remedy against ORBCOMM for any justified claim under this defective Ground Segment Hardware and is in lieu of all other warranties, express or implied. (ii) The warranty set forth herein shall be limited not extend to one of any Ground Segment Hardware that, upon ORBCOMM's or its subcontractors' examination is found to have been (A) mishandled, misused or subject to negligence, accident or abuse by Licensee or its officers, employees, representatives, agents or consultants (other than ORBCOMM), (B) operated or maintained contrary to ORBCOMM's specifications or instructions or otherwise used improperly, (C) tampered with or damaged as evidenced by, for example, broken seals, unauthorized modifications, damaged packaging containers and the followinglike, at Seller’s sole discretion: (aD) repair repaired and/or altered by anyone other than ORBCOMM or replacement of the Product its subcontractors without ORBCOMM's prior written approval or (bE) a credit for delivered to ORBCOMM not in conformance with the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTnotice requirements set forth herein.

Warranty. Seller DEFIANT warrants DEFIANT Products for the period of time set out in the warranty that accompanies DEFIANT Products. DEFIANT makes no warranty beyond the Products sold warranty that accompanies DEFIANT Products. If defects occur within the warranty period, Dealer will notify DEFIANT immediately and, upon confirmation by Seller to Purchaser conform to Selleran authorized DEFIANT sales representative of the defects, DEFIANT’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty responsibility shall be limited to one of replace the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Productdefective item if it cannot be repaired. This express warranty does not apply toto defects not caused by DEFIANT (for example, and no accidents or abuse while in Dealer’s possession). DEFIANT shall not have any liability of any kind under this warranty remedy will be given for, Product issues resulting from: unless Dealer gives DEFIANT notice of its claim within thirty (a30) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesdays after the Dealer knows, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure should know, of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerits claim. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVEHEREIN, SELLER MAKES THERE ARE NO WARRANTY WHATSOEVERWARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO DEFIANT PRODUCTS. DEFIANT EXPRESSLY EXCLUDES AND DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, APPLICATION OR AGAINST INFRINGEMENTUSE. UNDER NO CIRCUMSTANCES WILL DEFIANT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND DEFIANT’S LIABILITY SHALL IN NO EVENT EXCEED THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE PURCHASE PRICE OF THE PRODUCTDEFIANT PRODUCT ON WHICH SUCH LIABILITY IS BASED.

Warranty. Seller AMD warrants that Die and/or Wafers delivered hereunder will meet the Products sold by Seller to Purchaser conform to Seller’s applicable specifications and are shall be free from defects in material and workmanshipworkmanship under normal use and service for [*] calendar months from shipment from AMD. Unless otherwise specified If, during such period (i) AMD is notified promptly in writing upon discovery of any defect in the Die and/or Wafers, including a detailed description of such defect, (ii) samples of such Die and/or Wafers are returned to AMD; and (iii) AMD's examination of such Die and/or Wafers discloses that such Die and/or Wafers are defective and such defects are not caused by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of natureabuse, misuse, neglect, improper installation, improper assemblyrepair, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, alteration or other causes not directly arising from defects in materials action by someone other than AMD, improper testing or workmanship; (b) use contrary to any Product damaged instructions issued by AMD or Vantis, within a reasonable time, AMD shall, [Confidential Treatment Request] at AMD's sole option, either replace or credit Vantis for such Die and/or Wafers. AMD shall return any Die and/or Wafers replaced under this warranty to Vantis, transportation prepaid. The foregoing warranty constitutes AMD's exclusive liability, and the failure exclusive remedy of Vantis, for any breach of any warranty or other nonconformity of the owner Die and/or Wafers. Prior to useany return of Die and/or Wafers by Vantis pursuant to this Article 6, maintainVantis shall afford AMD the opportunity to inspect such Die and/or Wafers at Vantis' location, or store the Product as specified in and any applicable instructions such Die and/or warnings provided by Seller or the manufacturerWafers so inspected shall not be returned to AMD without its prior written consent. EXCEPT FOR THE LIMITED THIS WARRANTY SET FORTH ABOVEIS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, SELLER MAKES NO WARRANTY WHATSOEVEREXPRESS, EXPRESS IMPLIED OR IMPLIEDSTATUTORY, INCLUDING ANY WARRANTY BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.

Warranty. Seller Peak warrants that it will render the Products sold Maintenance Services in a good and workmanlike manner. Peak warrants to Customer for a period of thirty (30) days following the performance of any installation work by Seller Peak, that such work will be performed in a good and ▇▇▇▇▇▇▇- like manner. In the event of any material failure to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writingmeet such standard, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and PurchaserCustomer’s exclusive remedy and Peak’s sole responsibility shall be for any justified claim Peak to re-perform the Maintenance Services or, if in Peak’s discretion it is not commercially reasonable to re-perform the Maintenance Services, provide Customer with a refund of the Maintenance Fees paid by Customer for the current Term. Peak’s obligations and liability under this warranty are conditioned upon the receipt of prompt notice of defects as to parts and/or workmanship from Customer. Timely completion of Maintenance Services by Peak is subject to the timely satisfaction by Customer of any Customer obligation or requirement. This warranty shall be limited to one of void if the following, at Seller’s sole discretion: (a) repair Hardware is damaged or replacement of the Product or (b) a credit for the price paid rendered unusable by the original Purchaser willful act, negligence and/or tampering of the Productpersons other than Peak. This express warranty does not apply toTO THE FULLEST EXTENT ALLOWED BY LAW, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerTHE WARRANTIES PROVIDED IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH ABOVEIN THIS ATTACHMENT, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS Peak DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIEDIMPLIED WITH REGARD TO THE SERVICES PROVIDED UNDER THIS ATTACHMENT, INCLUDING ANY WARRANTY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR THESE DISCLAIMERS OF WARRANTY PERIOD AND TO THE REPLACEMENT VALUE CONSTITUTE AN ESSENTIAL PART OF THE PRODUCTTHIS ATTACHMENT.

Warranty. Seller warrants that the Products sold by Seller items ordered hereunder at the time of shipment to Purchaser conform to Seller’s specifications and are be free from defects in material material, workmanship, and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to conform to the original Purchaser unless otherwise agreed by Seller in writingcontract specification. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim liability under this warranty Warranty shall terminate one (1) year after date of shipment. Some individual products include extended warranties and extended warranties may be purchased as requested and quoted. Written notice of any defects shall be limited to one given Seller upon discovery and Seller shall promptly correct such defects by repair or replacement, at its option, without charge, either FCA Seller's plant or service in the field. IN NO EVENT SHALL SELLER'S LIABILITY UNDER THIS WARRANTY EXCEED THE COST OF REPAIR OR REPLACEMENT OF SUCH DEFECTIVE ITEM AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES. Specifically excluded from this Warranty are: a. Defects or nonconformance caused by and resulting from improper operation, maintenance, or storage of the followingequipment. b. Items of characteristically indeterminate life, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesbulbs, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to usefuses, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufactureretc. EXCEPT THIS WARRANTY CONSTITUTES SELLER'S SOLE AND EXCLUSIVE LIABILITY HEREUNDER AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERDEFECTIVE OR NONCONFORMING ITEMS AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS IMPLIED OR IMPLIED, STATUTORY (INCLUDING ANY THE WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTPURPOSE).

Warranty. Seller 7.1 Delta warrants and represents that the Products sold Services provided herein shall be accomplished in a manner to comply with the provisions set forth in subsection 1.3 and to the extent that any such parts or materials are overhauled, rebuilt or repaired by Seller to Purchaser conform to Seller’s specifications and are Delta, shall be free from defects in workmanship. All parts or materials furnished by Delta under this Agreement shall have been subject to Delta’s own receiving procedures and will be selected in accordance with industry standards and shall bear an appropriate airworthiness tag. Delta will replace at no charge any such parts or materials that do not conform to the foregoing description. EXCEPT AS PROVIDED HEREIN, DELTA SPECIFICALLY DISCLAIMS AND MN AIRLINES WAIVES ANY RIGHT TO ASSERT ANY CLAIM ON ACCOUNT OF MN AIRLINES ANY WARRANTY AS TO THE QUALITY OF SUCH PARTS OR MATERIALS. 7.2 Delta will accrue any Component repair warranties which it or MN Airlines may have received from the manufacturer or vendor if such warranties have not been extinguished. As a condition precedent to performing Services, MN Airlines, Delta, and The Boeing Company shall be required to execute a warranty assignment agreement or any such similar agreement deemed necessary to establish Delta as an Authorized Agent (Agent) for MN Airlines and for Delta to act directly with Boeing under MN Airlines’ Customer Services General Terms Agreement (CSGTA) and requests Boeing to treat Agent as Customer with respect to the rights and powers of Customer under the CSGTA, but only as each relates to Components. MN Airlines will retain warranty rights for consumables (material and workmanshiplabor) that MN Airlines personnel change or repair and labor cost recovery for rotable parts that are changed by MN Airlines personnel. Unless otherwise specified by Seller in writingAdditionally, this warranty extends for one year as required, MN Airlines will use commercially reasonable efforts to assign to Delta any warranties it has received from the date manufacturer, lessor, or vendor of original purchaseComponents if such warranties have not been extinguished. MN Airlines and Delta shall execute all reasonable documents required by the manufacturer, lessor or vendor in order to effect assignment of any Component warranties MN Airlines may have received. All warranties apply only assignments of Component warranty rights to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation Delta pursuant to this Section will expire immediately upon termination or expiration of this Agreement and Purchaser’s exclusive remedy for any justified claim under this warranty shall payment to Delta of all amounts due hereunder, whether or not then invoiced or yet to be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply toinvoiced, and no warranty remedy such rights will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner revert back to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTMN Airlines.

Warranty. Seller ALLEGRO warrants for a period of one (1) year from the date of shipment to PURCHASER that the Products sold by Seller all products upon delivery to Purchaser conform to Seller’s specifications and PURCHASER are free from defects in workmanship and material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only shall conform to the original Purchaser unless otherwise agreed by Seller specifications. If any product is defective in writingmaterial or workmanship, or fails to meet the requirements of PURCHASER’s order, PURCHASER shall inform ALLEGRO within thirty (30) days and return such products for correction or replacement. SellerALLEGRO's sole obligation and Purchaser’s exclusive remedy liability for any justified claim under this warranty shall be such rejected products is limited solely to one the cost of transportation expenses plus the followingresponsibility of either repairing, replacing or refunding the purchase price, at SellerALLEGRO’s sole discretion: (a) repair or replacement of the Product or (b) a credit option, for the price paid by the original Purchaser of the Productsuch returned products. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts extend to any of nature, our products which fail to operate by reason of improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesapplication, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintaininspection, or store the Product as specified in any applicable instructions and/or warnings provided by Seller have been subject to misuse, neglect, or the manufactureraccident, or have been repaired or substantially altered outside our factory. EXCEPT FOR THE LIMITED WARRANTY WARRANTIES SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERIN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AND THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ANY WARRANTIES OF NONINFRINGEMENT, AND ALL OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR AGAINST INFRINGEMENTUSAGE OF TRADE ARE HEREBY EXCLUDED. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDThe remedies provided herein are the PURCHASER's sole and exclusive remedies for any failure of ALLEGRO to comply with its warranty obligations. Correction of the non-conformities in the manner and for the period of time provided herein shall constitute complete fulfilment of ALLEGRO's obligations regarding defective products, whether the claims by the PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTare based in contract, in tort (including negligence) or otherwise.

Warranty. Seller SELLER warrants that if any product of its manufacture upon examination is found by a SELLER’S representative to be defective in either workmanship or material under normal use and service SELLER, at its option, will repair or replace same free of charge including lowest transportation charges but not cost of installation or removal, or have the Products sold by Seller to Purchaser conform to Seller’s specifications and are free purchase price refunded, provided that SELLER receives a written claim specifying the defect within ninety (90) days from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for date of distributor sale or one (1) year from the date of original purchasefactory shipment, whichever occurs first. SELLER further warrants that if a service performed by it for BUYER in installation or repair of equipment or parts examination of SELLER’S manufacture is found by a SELLER’S representative to be defective in workmanship under normal use and service, SELLER, at its option, will repair or replace same free of charge including lowest transportation charges or will refund the purchase price thereof, provided that SELLER receives written claim specifying the defect within ninety (90) days from date of service. The performance of a service by SELLER with respect to machinery, apparatus, accessories, materials, or supplies provided by BUYER or not manufactured by SELLER are specifically excluded from SELLER’s warranty. All warranties apply only with respect to the original Purchaser unless otherwise agreed machinery, apparatus, accessories, materials or supplies not manufactured by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty SELLER shall be limited to one their respective warranties of the followingmanufacturers thereof, at Seller’s sole discretion: (a) repair or replacement if any, which SELLER may be permitted to pass on to BUYER. The effects of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply tocorrosion, and no warranty remedy will be given forerosion, Product issues resulting from: (a) accident, acts of naturemisuse, improper installationinstallation (if not by SELLER), improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, neglect and normal wear or and tear of replaceable parts such as spouts and hoses, or other causes not directly arising are specifically excluded from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerSELLER’S warranty. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, IMPLIED INCLUDING ANY WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTUSE ARE HEREBY DISCLAIMED. IN SUBJECT TO CLAUSE 14(c) BELOW, THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION FOREGOING EXPRESSES ALL OF SELLER’S OBLIGATIONS AND LIABILITIES WITH RESPECT TO THE ONE YEAR WARRANTY PERIOD PRODUCTS AND TO THE REPLACEMENT VALUE OF THE PRODUCTSERVICES FURNISHED BY IT HEREUNDER. The liability of SELLER, on any claim of any kind, whether based on warranty, contract, negligence or otherwise, for any loss or damage arising out of, connected with, or resulting from this contract, or from the performance or breach thereof, or from the manufacture, sale, delivery, resale, repair or use of any equipment covered by or furnished under this contract shall, subject to clause 14(c) below, in no case exceed the purchase price, and upon expiration of the warranty period all such liability shall terminate. The foregoing shall, subject to clause 14(c) below, constitute the sole liability of SELLER.

Warranty. Seller warrants to Buyer that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends workmanship for one year a period of 12 months from the date of original purchaseinitial operation or 24 months from shipment, whichever is first. All warranties apply only No breach of warranty claim against Seller will be allowed unless asserted in writing within 30 days after the date within the warranty period on which the defect is or should have been discovered by Buyer. For Services, Seller warrants that any work it performs shall be free from defects in workmanship for a period of 90 days after the work is completed. Seller shall receive a reasonable opportunity to review the original Purchaser unless otherwise agreed by warranty claim, absent which the Seller in writingis not liable for any consequences resulting from the alleged defect. Seller shall not be responsible for any defect(s) which result from Buyer’s actions and does not cover any equipment that has been altered or subjected to misuse or accident, or improper storage, installation, assembly, maintenance, or application. Seller does not warrant that the equipment or any part of the equipment will resist the action of an erosive or corrosive environment. Seller's ’s sole obligation liability and Purchaser’s Buyers sole and exclusive remedy for any justified claim under this warranty shall be limited to one the repair or replacement of the followingsuch equipment by Seller, at Seller’s sole discretion: option and cost (atransportation, removal and reinstallation are not covered) repair or replacement re-performance of the Product Services. The warranty shall not apply if initial operation commences more than 12 months after shipment. No warranty or (b) a credit for representation is made as to the price paid by the original Purchaser useful life of the ProductProducts or Services. This express warranty does not apply to, and no warranty The foregoing shall constitute the sole remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, Buyer and Seller’s sole liability whether in warranty or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerotherwise. EXCEPT FOR THE LIMITED THIS WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS IS EXCLUSIVE AND IS OFFERED IN LIEU OF ALL IMPLIED OR IMPLIEDSTATUTORY WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, WITHOUT LIMITATION WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ANY OTHER EXPRESS OR AGAINST INFRINGEMENT. IN THE EVENT IMPLIED WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTOR REPRESENTATION.

Warranty. Seller Doka expressly warrants that to Customer that, with respect to products fabricated by Doka, the Products sold by Seller to Purchaser conform to Seller’s specifications products will comply with the description set forth herein and, be of good quality, and are be free from defects in material products and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: workmanship provided that (a) repair or replacement of the Product or (b) a credit for the price paid products are subjected to normal use and maintained by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects Customer in materials or workmanshipaccordance with Doka’s instructions/manuals and/or industry standards; (b) the products have not been modified from its original condition, and (c) the Customer gives prompt written notice to Doka specifying all alleged defects in the products. If any Product damaged inherent defects in design, workmanship or products purchased or rented hereunder shall be discovered by the failure Customer and Customer gives Doka prompt notice of the owner to usesuch defects, maintainDoka shall, in its sole discretion, repair or replace defective items at its expense, F.O.B. Doka’s facility. The aforementioned repairs by Doka shall constitute Customer’s sole remedy and Doka’s sole liability whether on warranty, contract, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturertort grounds. DOKA DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ON PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR SUITABILITY. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEABOVE WARRANTY, SELLER MAKES DOKA MANUFACTURED PRODUCTS ARE SUPPLIED AS IS. FOR PRODUCTS MANUFACTURED BY OTHERS BUT PROVIDED UNDER THE AGREEMENT, DOKA PROVIDES NO WARRANTY WHATSOEVERWARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT DOKA TRANSFERS AND ASSIGNS TO CUSTOMER ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN PROVIDED BY THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTMANUFACTURER.

Warranty. Seller warrants that the Products sold Except as is furnished herein in writing by Seller to Purchaser conform Buyer, Seller warrants solely to Buyer only that materials furnished hereunder will be of the kind designated or specified, and no other warranty, except of title, shall be implied. Providing Buyer gives notice in accordance with Article 11, if goods sold hereunder contain defects in material or workmanship demonstrated to Seller’s specifications and are free satisfaction to have existed at the time of departure from defects Seller’s plant, Seller, reserving the right to either inspect them in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and PurchaserBuyer’s exclusive remedy for any justified claim under this warranty shall be limited to one of the followinghands or request their return will, at Seller’s sole discretion: (a) repair option, correct or replacement of the Product replace at Seller’s expense F.O.B. Seller’s plant, or (b) a give Buyer proper credit for the price paid such goods determined by the original Purchaser of the ProductSeller to defective, with all necessary packaging and transportation costs (if any) to be assumed by Buyer. This express warranty does The foregoing shall not apply toto goods that shall have been subjected to alteration, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of naturecontamination, improper installationmaintenance or storage, improper assemblymisapplication, unreasonable misuse, negligence or improper use, lack of proper maintenance, unauthorized repairs accident after shipment from Seller’s plant by anyone except Seller’s authorized employees or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturergoods to which Buyer’s tests use an unrepresentative sample. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVEON FACE OF SELLER’S INVOICE OR ON THE ▇▇▇▇ OF LADING, SELLER MAKES NO WARRANTY WHATSOEVERALL WARRANTIES OF MATERIALS SOLD HEREUNDER, EXPRESS EXPRESSED OR IMPLIED, INCLUDING ANY BUT NOTLIMITED TO WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY. *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. THE REMEDIES SET FORTH IN THIS ARTICLE 2 SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE BUYER, IN LIEU OF ALL OTHER REMEDIES FOR DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL AND SPECIAL OR AGAINST INFRINGEMENTINCIDENTAL DAMAGE ARISING OUT OF LATE, PARTIAL AND/OR NON DELIVERY, THE SALE, USE, FURNISHING OF MATERIALS, OR SUITABILITY FOR GENERAL OR PARTICULAR USE). IN NO EVENT WILL SELLER’S LIABILITY EXCEED THE CONTRACT (PURCHASE) PRICE FOR THE MATERIALS FOR WHICH LIABILITY IS CLAIMED. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING SUITABILITY FOR USE AND SELLER SHALL IN NO EVENT WARRANTIES EXIST AT LAW THAT MAY BE LIABLE IN THIS RESPECT. THE GIVING OR FAILURE TO GIVE ADVICE, RECOMMENDATION OR SAFETY WARNINGS OF ANY CHARACTER BY SELLER SHALL NOT BE DISCLAIMEDIMPOSE ANY LIABILITY UPON SELLER. If the materials sold hereunder are resold by Buyer, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTBuyer agrees to include in the contract for resale provisions which limit recoveries against Seller in accordance with this Article 2. No employee or agent of Seller is authorized to make any warranty statement, promise or understanding other than that which is specifically set forth herein. The provisions in any specification data sheet or chart issued by Seller or attached hereto are descriptive only and are not warranties or representations.

Warranty. Seller Daikyo represents and warrants to Distributor that the Products sold by Seller to Purchaser Distributor pursuant to this Agreement will conform to SellerDaikyo’s written specifications and are free from defects in material and workmanshipfor such products. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s The exclusive remedy for any justified claim under this breach of the warranty set forth above shall be limited as follows: Daikyo will at its option replace, repair or redesign, without charge to Distributor, or refund the invoice price with respect to any defective Product which was designed and manufactured by Daikyo, provided that a claim for such breach is made within one year of the following, at Seller’s sole discretion: (a) repair or replacement sale of the Product or (b) a credit for the price paid by the original Purchaser of the Productin question. This express warranty does not apply to, and no warranty remedy Products will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts deemed defective only if so found after inspection by Daikyo at such place as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerit may specify. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER DAIKYO MAKES NO WARRANTY WHATSOEVEROTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WITH RESPECT TO THE PRODUCTS. THERE ARE NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS ARISING FROM ANY COURSE OF DEALING, USAGE OF TRADE OR AGAINST INFRINGEMENTOTHERWISE. IN THE NO EVENT WARRANTIES EXIST AT LAW THAT MAY NOT SHALL DAIKYO BE DISCLAIMEDLIABLE TO DISTRIBUTOR FOR (A) INDIRECT, PURCHASER AGREES THAT SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT OR IN TORT, OR (B) WITH RESPECT TO ANY CLAIM, LAWSUIT, PROCEEDING OR OTHER ACTION BASED UPON ANY ACTION TAKEN BY DISTRIBUTOR WITHOUT PRIOR INSTRUCTION FROM DAIKYO OR ANY ACTION INCONSISTENT WITH SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTINSTRUCTION.

Warranty. Seller GOODS: SELLER warrants that against defects on all GOODS in accordance with the Products sold by Seller to Purchaser conform to Selleroriginal equipment manufacturer’s specifications and are free from written warranty. PARTS: SELLER warrants against defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends on all PARTS for one year a period of ninety (90) days from the date of original purchaseDELIVERY. All warranties apply only SERVICES: SELLER warrants against defects in workmanship on all SERVICES performed by SELLER for a period of ninety (90) days from the date of completion of such SERVICES. SELLER’S obligation to repair or replace any defective GOODS or PARTS or reperform any defective SERVICES during the original Purchaser unless otherwise agreed by Seller in writing. Seller's warranty period shall be BUYER’S sole obligation and Purchaser’s exclusive remedy for any justified claim and SELLER’S sole liability arising under this warranty shall or any warranty claim made by BUYER. In order to be limited entitled to one the foregoing warranties, BUYER must notify SELLER in writing of defects within thirty (30) days of the following, at Seller’s sole discretion: (a) repair or replacement date of discovery of same during the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express applicable warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerperiod. EXCEPT FOR THE LIMITED WARRANTY AS MAY BE OTHERWISE EXPRESSLY SET FORTH ABOVEIN WRITING HEREIN, THIS WARRANTY IS PROVIDED IN LIEU OF, AND SELLER MAKES NO WARRANTY WHATSOEVEREXPRESSLY EXCLUDES ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO ANY WARRANTY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND/OR ANY EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTUSE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDBUYER shall bear any and all costs of providing free and clear access to the GOODS and PARTS (including removal and replacement of systems and structures), PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTde-installation, re-installation and transportation of GOODS and PARTS to SELLER and back to BUYER. No allowance will be made for repairs or alterations made by others without SELLER’S prior written consent. If repairs or alterations are attempted without SELLER’S prior written consent, this warranty shall be null and void. SELLER assumes no responsibility for damages caused by accident, neglect, damage during transport, improper installation, use, handling, or maintenance, including installation by unauthorized third parties, or by operation in violation of rated operating conditions, internal or otherwise, or normal wear and tear or defects or damages resulting from the use of parts not authorized by the original equipment manufacturer or from BUYER’S failure to store, install, maintain, and/or operate the GOODS or PARTS in accordance with SELLER’S operating manuals, service manuals, instructions, drawings, and good engineering practice. None of the GOODS or PARTS furnished by SELLER shall be deemed defective by reason of chemical or abrasive action, excessive heat or failure to resist the action of excessive heat, erosive or corrosive gases or liquids or the deposition of foreign material from such gases or liquids. SELLER’S receipt of payment in full of all sums due to SELLER shall be a condition precedent to SELLER’S warranty obligations, and the making of any warranty claim by BUYER shall not excuse BUYER’S obligation to make timely payment of all sums due to SELLER. No repair, replacement or reperformance by SELLER shall extend the applicable warranty period.

Warranty. Seller Unless otherwise specified in Vendor written materials pertaining to a particular Product, Vendor warrants to Customer that the Products sold by Seller to Purchaser purchased under this Agreement conform to Seller’s Vendor's published specifications (“Specifications”) and are free from defects in workmanship and material at the time of shipment. If, upon inspection within a reasonable time after delivery and before implantation or use, Customer discovers a failure of a Product to conform to Specifications or a defect in material and workmanship. Unless otherwise specified by Seller , it must promptly notify Vendor in writing. Within a reasonable time after such notification, this warranty extends for one year from Vendor will correct any failure of the date of original purchase. All warranties apply only Product to conform to the original Purchaser warranty by providing, at its option, repair of the Product, a replacement unit, or a refund of the purchase price, if applicable. The aforementioned remedies are Customer’s exclusive remedies for breach of warranty under this Agreement. The foregoing warranties, unless otherwise agreed by Seller the Parties in writing. Seller's sole obligation and Purchaser’s exclusive remedy a written addendum to this Agreement or expressly provided in the Specifications, shall extend for any justified claim under this warranty shall be limited to a period of one (1) year commencing on the date of shipment of the following, at Seller’s sole discretionProduct to Customer. This warranty does not extend to or cover: (a) repair any product, components, or replacement of the Product parts not manufactured or sold by Vendor; (b) a credit damage caused by use of any Product for purposes other than those for which it was designed as indicated in Vendor’s published materials; (c) damage caused by unauthorized attachments or modification; (d) any other abuse or misuse by Customer, its employees, representatives, contractors and agents; or (e) any Vendor Product where the price paid by Customer is not the original Purchaser first purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERFOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT OR THE PRODUCTS OR MATERIALS TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING ANY WARRANTY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE. IN THE EVENT ALL SUCH OTHER WARRANTIES EXIST AT LAW THAT MAY NOT BE AND REPRESENTATIONS ARE HEREBY DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this 9.1 The warranty extends for RFIDs is one (1) year from the date of original purchaseSubscription and may be replaced provided that there is no physical damage or tampering on the RFID. All warranties apply only The RFIDshall be subject to physical, and system check by Easytrip personnel. 9.2 In cases where the original Purchaser unless otherwise agreed RFID or Card is beyond warranty and the Subscriber wishes to terminate his/her account, the existing account load balance may be refunded within seven (7) business days upon Subscriber’s submission of termination letter addressed to Easytrip, through its Customer Service and is subject for Easytrip’s approval. 9.3 Easytrip shall replace the faulty or defective RFID ONLY after due evaluation thereof by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for Easytrip. 9.4 Any person shall not be allowed to avail of any justified claim warranty or service under this warranty shall be limited to one of the followingAgreement if his/her RFID was obtained from any unauthorized person, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesseller, or other causes not directly arising from defects in materials or workmanship; (b) reseller. In such case, any Product damaged replacement shall incur reasonable fees charged by the failure of the owner to useEasytrip. 9.5 THE WARRANTY PROVIDED IN THE FOREGOING PROVISIONS OF THE CLAUSE AND THE OBLIGATIONS AND LIABILITIES OF Easytrip AND Easytrip’s SUBCONTRACTOR HEREUNDER ARE EXCLUSIVE AND IN LIEU OF ANY OTHER RIGHTS, maintainAND SUBSCRIBER HEREBY WAIVES ALL OTHER RIGHTS, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEREMEDIES, SELLER MAKES NO WARRANTY WHATSOEVERWARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIEDIMPLIED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF PERFORMANCE, INCLUDING COURSE OF DEALING, OR USAGE OR TRADE AND WITHOUT LIMITATION, IN LIEU OF ANY WARRANTY OF MERCHANTABILITY, MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE) AND IN NO EVENT SHALL Easytrip OR AGAINST INFRINGEMENT. IN Easytrip SUBCONTRACTOR’S LIABILITY EXCEED THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE COST OR REPLACING PART OF THE PRODUCTRFID AS REQUIRED ABOVE.

Warranty. Seller 14.1 Oratec represents and warrants to DePuy that the all Products sold by Seller to Purchaser conform to Seller’s specifications and are supplied in connection with this Agreement shall be of merchantable quality, free from defects in material and workmanshipworkmanship and shall be manufactured and provided in accordance and conformity with the Specifications and in compliance with this Agreement. 14.2 DePuy may return non-conforming and/or defective Products, including Products which malfunction or fail to operate, or bear a sterilization date at the time of receipt by DePuy that is more than sixty (60) days old, to Oratec. Unless otherwise specified Oratec shall *** CONFIDENTIAL TREATMENT REQUESTED replace or repair such nonconforming and/or defective Products at no cost to DePuy or the customer. Replacement of such non-conforming and/or defective Products includes payment of DePuy's reasonable shipping costs, both from and to Oratec. Oratec shall replace or repair such non-conforming and/or defective Products promptly provided that the non-conformance or defect was caused by Seller Oratec. Oratec shall have no obligation to replace or repair Product adulterated, misused or repackaged by another party without the previous written approval of Oratec. 14.3 NEITHER PARTY SHALL HAVE ANY LIABILITY TO EACH OTHER OR TO ANY THIRD PARTY FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE MANUFACTURE, SALE SUPPLY, DISTRIBUTION, MARKETING, ORDERING OR DELIVERY OF THE PRODUCTS, INCLUDING BY WAY OF EXAMPLE AND NOT BY WAY OF LIMITATION, ANY DAMAGES, EXPENSES OR LOSSES INCURRED BY REASON OF LOST REVENUES, LOST PROFITS, COSTS OF SUBSTITUTE PRODUCTS, AND ANY SIMILAR AND DISSIMILAR DAMAGES, EXPENSES OR LOSSES EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXPENSES OR LOSSES. NOTWITHSTANDING THE ABOVE, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO LIMIT EITHER OF THE PARTIES' LIABILITY FOR DAMAGES OR PERSONAL INJURIES, INCLUDING PROPERTY DAMAGE AND DEATH, SUFFERED BY ANY THIRD PARTY AS A RESULT OF ACTIONS OR OMISSIONS OF SUCH PARTY. LEGAL RELATIONSHIP AND INDEMNIFICATION 15.1 DePuy is an independent contractor and the relationship between Oratec and DePuy is that of Vendor and Vendee. Nothing herein is intended or shall be construed, either express or implied, to authorize either party to create or assume any liability or obligation of any kind for or on behalf of the other party. Neither party will be considered or will represent itself as the agent or legal representative of the other party for any purpose whatsoever. 15.2 The parties hereto are each responsible for their own acts, alleged acts or omissions and respectively agree to protect, indemnify, defend and hold harmless each other and any affiliate from and against any and all claims, losses, demands and liabilities, including attorneys' fees and court costs, which may arise therefrom. 15.3 Notwithstanding anything in writing, this warranty extends for one year from the date of original purchase. All warranties apply only Agreement to the original Purchaser unless otherwise agreed contrary, Oratec agrees to indemnify and hold harmless DePuy from any loss, claim or judgment, including reasonable costs and expenses of defending same, arising out of bodily injury, property damage or any other damage or injury which is caused by Seller any defect in writingthe design, material, or manufacture of a Product, but excluding any oral or written statements or representations by DePuy or its distributors or employees concerning the Products inconsistent with Oratec's training or literature. SellerOratec shall have control of the defense of any litigation arising out of alleged defect in the design, material or manufacture of a Product and DePuy agrees to cooperate with Oratec in such defense. 15.4 DePuy agrees to indemnify and hold harmless Oratec from any loss, claim or judgment, including reasonable costs and expenses of defending same, arising out of any bodily injury caused by any negligent or intentional misrepresentation concerning the Products by DePuy or its sales employees inconsistent with Oratec's sole obligation training or literature, to the extent that Oratec is damaged due to such negligent or intentional misrepresentation. 15.5 Should any person assert a claim against DePuy based on the alleged infringement of a patent or other protected intellectual property right related to a Product, Oratec agrees to indemnify and Purchaser’s exclusive remedy hold harmless DePuy from and against any and all losses, claims, or judgments, including reasonable costs and expenses of defending same, arising directly or indirectly from any such claims of infringement of patents or other protected intellectual property rights. 15.6 Oratec has or will have prior to the sale of the Products by DePuy and will maintain at all times while this Agreement is in effect, a product liability insurance policy providing at least *** dollars (***) coverage per occurrence and *** dollars (***) aggregate coverage per policy year, which policy shall either name DePuy as insured or shall, by endorsement or otherwise, provide such coverage to DePuy for any justified claim under this warranty shall be limited to one arising out of the following, at Seller’s sole discretion: sale of any Product by DePuy. Oratec shall furnish DePuy with acceptable certificates evidencing such insurance coverage prior to the release of any Products for clinical studies or evaluation. Such insurance certificates shall contain a provision that a thirty (a30) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy day advance written notice will be given for, Product issues resulting from: (a) accident, acts to DePuy prior to any material change or cancellation of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTinsurance.

Warranty. Seller DSM PTG warrants that all Assemblies sold to SHC will be in compliance with the Products sold by Seller to Purchaser conform to Seller’s specifications Specifications established under this Agreement and are free from defects defined in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All Exhibit M. The warranties apply contained herein extend only to the original Purchaser unless otherwise agreed by Seller SHC, and SHC shall affirmatively disclaim all liability of DSM PTG to any end users of Products, which disclaimer shall be satisfactory to DSM PTG in writingits sole discretion. Seller's The sole obligation and Purchaser’s exclusive remedy for any justified claim under this breach of warranty or certification of compliance with respect to any Assembly shall be limited to one replacement of that Assembly or refund of the following, at Seller’s sole discretion: (a) repair or replacement payment price of such Assembly. The warranty contained herein shall not be deemed to have failed of its essential purpose so long as DSM PTG is making good faith efforts to correct defects under the terms of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoseswarranty, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by has made the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings replacements provided by Seller or the manufacturerfor. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVEHEREIN, SELLER MAKES NO WARRANTY WHATSOEVEROTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING ANY WARRANTY WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND INFRINGEMENT, ARE MADE BY DSM PTG, UNDER THIS AGREEMENT AND ALL SUCH OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THE PARTIES ACKNOWLEDGE THAT SHC PROVIDED OR AGAINST INFRINGEMENT. DETERMINED THE SPECIFICATIONS FOR THE COMPOSTION OF THE MATERIAL, ASSEMBLIES, VENDOR APPROVAL, AND PRODUCTS AND THE PERFORMANCE AND OTHER SPECIFICATIONS THEREFOR, AND THAT DSM PTG HAS NO RESPONSIBILITY FOR SHC’S DETERMINATION TO USE THE MATERIALS OR ASSEMBLIES IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTPRODUCTS.

Warranty. Seller warrants to WPE and to WPE's Customer that the Products sold all goods and services covered by Seller to Purchaser this Purchase Order will strictly conform to Sellerthe specifications, drawings, samples or other descriptions furnished or specified by WPE or WPE’s specifications and are free from defects in Customer, will be merchantable, of good material and workmanship, free of defects (including latent defects), and fit for the purpose intended. Unless otherwise specified by Without limiting any other right or remedy available to WPE or to WPE’s Customer, in the event of a breach of any of Seller’s warranties, at the option of WPE, Seller shall re-perform or replace the services or goods in writingquestion immediately and at the sole cost and expense of Seller; in the event that any WPE product must be destroyed or scrapped as a result of a breach of Sellers’ warranties or other obligations under this Purchase Order, this warranty extends Seller shall reimburse WPE on demand for one year from all costs and expenses incurred (including the date full value of original purchasethe product in question). All warranties apply only to the original Purchaser unless otherwise agreed by WPE's approval of ▇▇▇▇▇▇'s drawings shall not relieve Seller in writing. of any of Seller's sole obligation and Purchaser’s exclusive remedy obligations hereunder. If the goods, material, labor or work is purchased by WPE for resale or for fabrication or use in goods or products to be resold by WPE, the warranty period shall extend for 18 months after acceptance by the final end user but shall not exceed 36 months from delivery. If the goods, material, labor or work are not for such resale, the warranty shall be for 18 months from final acceptance by WPE. THIS EXPRESS WARRANTY SHALL BE IN ADDITION TO ANY OTHER IMPLIED BY LAW. In addition, if Seller fails at any time to comply with the requirements of this Purchase Order, Seller shall be liable to WPE for any justified claim under costs or damages, including without limitation increased overhead and out-of-pocket expenses, sustained by WPE as a result of such failure or delay, including without limitation any damages, liquidated or otherwise, for which WPE may be liable to WPE’s Customer or others. Seller agrees that this warranty shall be limited inure to one the benefit of WPE and WPE's Customer and that WPE and/or WPE's Customer shall have the following, at right to enforce the terms of this warranty. All of Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply towarranties shall survive inspection, testing, acceptance and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTpayment.

Warranty. Seller (a) Producer warrants solely to Distributor only that the (i) Products sold by Seller to Purchaser furnished hereunder shall conform to Seller’s applicable specifications and are free from defects in material (ii) Distributor shall acquire good and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only marketable title to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation Products, and Purchaser’s exclusive remedy for any justified claim under this no other warranty shall be limited implied. Provided that Distributor gives notice in accordance with Section 5(b) below, if Products sold hereunder fail to one conform to applicable specifications, demonstrated to Producer’s reasonable satisfaction to have existed at the time of departure from Producer’s plant, Producer, reserving the right to inspect Products, shall, at Producer’s option, replace at Producer’s expense F.O.B. Distributor’s plant or give Distributor credit for Products determined to be non- conforming. Producer shall not be obligated to replace or provide credit for Products that shall have been subjected to alteration, contamination, improper maintenance or storage, misapplication, misuse, negligence or accident during or after shipment from Producer’s plant. The remedy set forth in this Section 5(a) shall be the sole and exclusive remedy available to Distributor for breach of warranty. In no event shall Distributor’s remedy exceed the purchase price of the followingnon- conforming Products, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price plus any transportation and logistics costs paid by the original Purchaser of the ProductProducer to supply replacement materials to Distributor as described above in this Section 5(a) and Producer shall not be liable for any other loss or damage, whether direct or indirect. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY WARRANTIES SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERIN THIS SECTION 5 ARE THE ONLY WARRANTIES APPLICABLE TO THE PRODUCTS SOLD HEREUNDER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE, ARE SPECIFICALLY DISCLAIMED AND SHALL NOT APPLY. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDDistributor is solely responsible for determining suitability for use and Producer shall in no event be liable in this respect. The giving or failure to give advice, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTrecommendation or safety warnings of any character by Producer shall not impose any liability upon Producer. (b) It shall be the duty of Distributor to thoroughly inspect the Products purchased from Producer. Except for claims based on latent defects (which the parties recognize may not be discoverable through an inspection), all claims of any nature relating to the Products for any defect, non-conformity or discrepancy in quantity or delivery date, shall be made in writing to Producer’s customer service department within 30 days of receipt of such Products by Distributor. Failure to make any such written claim within the above-prescribed period shall constitute waiver of any such claims and shall be deemed acceptance of such materials, quantities or delivery dates. (c) Neither party shall be liable to the other party for any special, incidental, consequential, indirect or punitive damages (including loss of (anticipated) profits) arising in any way out of this Agreement, however caused and on any theory of liability, except with respect to claims based on intentional fraud or intentional misconduct. For the avoidance of doubt, if any of the foregoing damages are awarded to a third party and a party has a right to bring a claim against the other party under this Agreement in respect of such third party claim, such damages will be considered direct damages.

Warranty. Seller 14.1 Oratec represents and warrants to DePuy that the all Products sold by Seller to Purchaser conform to Seller’s specifications and are supplied in connection with this Agreement shall be of merchantable quality, free from defects in material and workmanshipworkmanship and shall be manufactured and provided in accordance and conformity with the Specifications and in compliance with this Agreement. 14.2 DePuy may return non-conforming and/or defective Products, including Products which malfunction or fail to operate, or bear a sterilization date at the time of *** Confidential treatment requested. Unless otherwise specified receipt by Seller DePuy that is more than sixty (60) days old, to Oratec. Oratec shall replace or repair such nonconforming and/or defective Products at no cost to DePuy or the customer. Replacement of such non-conforming and/or defective Products includes payment of DePuy's reasonable shipping costs, both from and to Oratec. Oratec shall replace or repair such non-conforming and/or defective Products promptly provided that the non-conformance or defect was caused by Oratec. Oratec shall have no obligation to replace or repair Product adulterated, misused or repackaged by another party without the previous written approval of Oratec. 14.3 NEITHER PARTY SHALL HAVE ANY LIABILITY TO EACH OTHER OR TO ANY THIRD PARTY FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE MANUFACTURE, SALE SUPPLY, DISTRIBUTION, MARKETING, ORDERING OR DELIVERY OF THE PRODUCTS, INCLUDING BY WAY OF EXAMPLE AND NOT BY WAY OF LIMITATION, ANY DAMAGES, EXPENSES OR LOSSES INCURRED BY REASON OF LOST REVENUES, LOST PROFITS, COSTS OF SUBSTITUTE PRODUCTS, AND ANY SIMILAR AND DISSIMILAR DAMAGES, EXPENSES OR LOSSES EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXPENSES OR LOSSES. NOTWITHSTANDING THE ABOVE, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO LIMIT EITHER OF THE PARTIES' LIABILITY FOR DAMAGES OR PERSONAL INJURIES, INCLUDING PROPERTY DAMAGE AND DEATH, SUFFERED BY ANY THIRD PARTY AS A RESULT OF ACTIONS OR OMISSIONS OF SUCH PARTY. LEGAL RELATIONSHIP AND INDEMNIFICATION 15.1 DePuy is an independent contractor and the relationship between Oratec and DePuy is that of Vendor and Vendee. Nothing herein is intended or shall be construed, either express or implied, to authorize either party to create or assume any liability or obligation of any kind for or on behalf of the other party. Neither party will be considered or will represent itself as the agent or legal representative of the other party for any purpose whatsoever. 15.2 The parties hereto are each responsible for their own acts, alleged acts or omissions and respectively agree to protect, indemnify, defend and hold harmless each other and any affiliate from and against any and all claims, losses, demands and liabilities, including attorneys' fees and court costs, which may arise therefrom. 15.3 Notwithstanding anything in writing, this warranty extends for one year from the date of original purchase. All warranties apply only Agreement to the original Purchaser unless otherwise agreed contrary, Oratec agrees to indemnify and hold harmless DePuy from any loss, claim or judgment, including reasonable costs and expenses of defending same, arising out of bodily injury, property damage or any other damage or injury which is caused by Seller any defect in writingthe design, material, or manufacture of a Product, but excluding any oral or written statements or representations by DePuy or its distributors or employees concerning the Products inconsistent with Oratec's training or literature. SellerOratec shall have control of the defense of any litigation arising out of alleged defect in the design, material or manufacture of a Product and DePuy agrees to cooperate with Oratec in such defense. 15.4 DePuy agrees to indemnify and hold harmless Oratec from any loss, claim or judgment, including reasonable costs and expenses of defending same, arising out of any bodily injury caused by any negligent or intentional misrepresentation concerning the Products by DePuy or its sales employees inconsistent with Oratec's sole obligation training or literature, to the extent that Oratec is damaged due to such negligent or intentional misrepresentation. 15.5 Should any person assert a claim against DePuy based on the alleged infringement of a patent or other protected intellectual property right related to a Product, Oratec agrees to indemnify and Purchaser’s exclusive remedy hold harmless DePuy from and against any and all losses, claims, or judgments, including reasonable costs and expenses of defending same, arising directly or indirectly from any such claims of infringement of patents or other protected intellectual property rights. 15.6 Oratec has or will have prior to the sale of the Products by DePuy and will maintain at all times while this Agreement is in effect, a product liability insurance policy providing at least *** dollars (***) coverage per occurrence and *** dollars (***) aggregate coverage per policy year, which policy shall either name DePuy as insured or shall, by endorsement or otherwise, provide such coverage to DePuy for any justified claim under this warranty shall be limited to one arising out of the following, at Seller’s sole discretion: sale of any Product by DePuy. Oratec shall furnish DePuy with acceptable certificates evidencing such insurance coverage prior to the release of any Products for clinical studies or evaluation. Such insurance certificates shall contain a provision that a thirty (a30) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy day advance written notice will be given for, Product issues resulting from: (a) accident, acts to DePuy prior to any material change or cancellation of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTinsurance.

Warranty. Seller warrants that the Products sold All new products manufactured by Seller to Purchaser conform to Seller’s specifications and are will be free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends workmanship for up to one (1) year from following the date of original purchaseshipment from Seller. All warranties apply only to THE FOREGOING CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY BY SELLER IN LIEU OF ALL OTHER WARRANTIES, AND SELLER MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND SPECIFICALLY DISCLAIMS AND EXCLUDES ANY WARRANTY OF MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, AND ANY OTHER WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF PERFORMANCE OR COURSE OF DEALING. During the original Purchaser unless otherwise agreed by Seller warranty period, upon satisfactory (determined in writing. Seller's ’s sole obligation and Purchaser’s exclusive remedy discretion) proof of a defect, the product may be returned for any justified claim under this warranty shall be limited to one of the followingrepair or replacement, at Seller’s sole discretion: (a) option. Any such repair or replacement shall constitute Buyer’s sole and exclusive remedy for breaches of warranty hereunder. Warranty repairs and replacements will be performed only by Seller or its authorized representative. Any unauthorized repair, alteration or replacement will void this product warranty. Any repair or replacement will be covered by this new product warranty for ninety (90) days from the date that such repaired or replaced product is shipped from Seller. This warranty is available to the Buyer as the original purchaser of the Product or (b) a credit for the price paid by the original Purchaser of the Productproduct and only if it has been installed, operated, and maintained in accordance with Seller’s standards. This express warranty does not apply to: a. Normal wear and tear; b. Damage caused by impact, and no warranty remedy will be given forfire, Product issues resulting from: (a) accidenttheft, attempted theft, accidental or malicious damage, vandalism, acts of naturewar or terrorism, improper installationcorrosion, improper assemblywater contamination or ingress, unreasonable frost, flooding or improper useother adverse weather conditions; c. Improper usage, storage or handling of the product(s); d. Failure to follow Seller’s written instructions for the product(s), including, without limitation, Sellers installation instructions available on Seller’s website at ▇▇▇▇://▇▇▇.▇▇▇▇▇-▇▇▇▇.▇▇▇ or those of the manufacturer; e. Damage or defect due to willful neglect or negligence by anyone other than Seller; f. Loss of quality, degradation of performance or actual damage that results from the use of spare parts or other replaceable items (such as consumables) that are neither made nor recommended by the manufacturer; g. Modification to the product(s), by someone other than Seller’s representatives; and any such authorization shall void this warranty. h. Connection of other fittings, accessories, equipment to the product(s) which were not approved in writing by Seller; i. Faults caused by shock, fall, over pressurization, or lack of proper maintenance, unauthorized repairs pressure equalization; j. Any malfunctions or modifications, abuse, normal wear specific requirements of any other item of hardware or tear software added to the product(s) that was not included in the Order. The cost of replaceable parts such as spouts and hoses, or other causes not directly arising shipping the equipment from defects in materials or workmanship; (b) any Product damaged Buyer's facility back to Seller shall be paid by the failure Buyer. The cost of return shipping of the owner to useequipment shall be paid by Seller. Seller shall utilize surface shipping carriers. Seller shall utilize other means of express shipment at the request of the Buyer. In this case, maintain, or store the Product as specified in any applicable instructions and/or warnings provided cost of shipping shall be paid by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTBuyer.

Warranty. Seller warrants 6.1 Honeywell will replace or repair any product Honeywell provides under this Agreement that fails within the Products sold by Seller warranty period of one (1) year because of defective workmanship or materials, except to Purchaser conform to Seller’s specifications and are free the extent the failure results from defects in material and workmanshipCustomer negligence, fire, lightning, water damage, or any other cause beyond the control of Honeywell. Unless otherwise specified by Seller in writing, this This warranty extends for one year from is effective as of the date of original purchaseCustomer acceptance of the product or the date Customer begins beneficial use of the product, whichever occurs first, and shall terminate and expire one (1) year after such effective date. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's Honeywell’s sole obligation obligation, and PurchaserCustomer’s exclusive remedy for any justified claim sole remedy, under this warranty shall be limited to one is repair or replacement, at Honeywell’s election, of the followingapplicable defective products within the one (1) year warranty period. All products repaired or replaced, at Seller’s sole discretion: (a) repair or replacement if any, are warranted only for the remaining and unexpired portion of the Product or original one (b1) a credit for the price paid by the original Purchaser of the Productyear warranty period. 6.2 EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6.1, HONEYWELL MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ANY AND ALL WARRANTIES REGARDING HAZARDOUS SUBSTANCES OR MOLD. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED NO EXTENSION OF THIS WARRANTY WILL BE BINDING UPON HONEYWELL UNLESS SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD WRITING AND TO THE REPLACEMENT VALUE OF THE PRODUCTSIGNED BY ▇▇▇▇▇▇▇▇▇'S AUTHORIZED REPRESENTATIVE.

Warranty. Seller 10.1 Mesa warrants that that, at the Products sold time of delivery, the Leased Engine will be in flight worthy condition. Mesa shall, in its sole and reasonable discretion, repair or replace the Leased Engine in case of damage deemed by Seller Mesa to Purchaser conform be resulting from normal wear and tear and operation in accordance with applicable manuals and operating instructions, and without fault or negligence on the Customer’s part. 10.2 Customer shall be responsible for all risk and expense arising out of the operation, use, possession or control of the Leased Engine which arises due to Seller’s specifications causes outside the reasonable control of Mesa including but not limited to, failures of Leased Engine which: (i) has not been operated in accordance with the applicable manual and are free procedures established by Mesa; (ii) has been subject to misuse, negligence or accident; (iii) has not been properly transported, stored, installed, maintained, utilized or packed for transport in accordance with the then current recommendations of P&WC; or (iv) has suffered primary breakdown or deterioration of any constituent component which was not acquired by Customer from defects Mesa or through channels specifically approved in material and workmanshipwriting by Mesa. Unless otherwise specified by Seller in writing, this warranty extends for one year from Should the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy Leased Engine require repair or overhaul for any justified claim such causes, P&WC shall notify Customer who shall have the right to audit such finding prior to any work being completed. Such repair or overhaul shall be performed by Mesa at the reasonable expense of the Customer. 10.3 Replacement of the Leased Engine under this warranty shall be limited Article is subject to one of the followingMesa’s engine availability. THE WARRANTIES AND REMEDIES INCLUDED IN THIS AGREEMENT ARE ACCEPTED BY CUSTOMER EXCLUSIVELY AND IN LIEU OF ALL OTHER WARRANTIES AND/OR REMEDIES, at Seller’s sole discretion: WHETHER EXPRESSED OR IMPLIED EXCEPT AS TO TITLE (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE), WHETHER ARISING BY CONTRACT OR AGAINST INFRINGEMENTIN TORT EXCEPT FOR THOSE ARISING OUT OF MESA’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT OR ANY RIGHT OR REMEDY AT LAW, IN NO EVENT SHALL MESA OR P&WC BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAES ARISING OUT OF OR IN CONNECTION WITH A BREACH OF THESE WARRANTIES, A BREACH OF THIS AGREEMENT OR ANY TORTIOUS OR NEGLIGENT ACT OR OMISSION BY MESA OR P&WC, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDE, WITHOUT LIMITATION, ECONOMIC LOSS, LOSS OR DAMAGE TO ANY PROPERTY OR PERSONS OR OF ANY EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES AS A RESULT OF AN ENGINE OR COMPONENT DEFECT. IN CUSTOMER’S ENTERING INTO THIS ENGINE LEASE AGREEMENT AND ACCEPTANCE OF THIS WARRANTY OR THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDMAKING OF ANY CLAIM OR RECEIPT OF ANY BENEFIT HEREUNDER CONSTITUTES CUSTOMER’S ACCEPTANCE OF ALL THE TERMS, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD CONDITIONS AND TO THE REPLACEMENT VALUE LIMITATIONS OF THE PRODUCTFOREGOING WARRANTY.

Warranty. Seller 7.1 Delta warrants and represents that the Products sold Services provide herein shall be accomplished in a manner to comply with the provisions set forth in subsection 1.3 and to the extent that any such parts or materials are overhauled, rebuilt or repaired by Seller to Purchaser conform to Seller’s specifications and are Delta, shall be free from defects in material and workmanship. Unless otherwise specified All parts or materials furnished by Seller Delta under this Agreement shall have been subject to Delta’s own receiving procedures and will be selected in writingaccordance with industry standards and shall bear an appropriate airworthiness tag. Delta will replace at no charge any such parts or materials that do not conform to the foregoing description. EXCEPT AS PROVIDED HEREIN, this warranty extends for one year DELTA SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE QUALITY OF SUCH PARTS OR MATERIALS. Delta will accrue any warranties which it or Sun Country may have received from the date manufacturer or vendor if such warranties have not been extinguished. Sun Country will use commercially reasonable efforts to assign any warranties it has received from the manufacturer, lessor, or vendor if such warranties have not been extinguished. Delta shall execute all reasonable documents required by the manufacturer, lessor or vendor in order to effect assignment of original purchaseany warranties Sun Country may have received. All warranties apply only assignments of warranty rights to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation Delta pursuant to this Section will expire immediately upon termination or expiration of this Agreement and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited such rights will revert back to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR Sun Country. 7.2 THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERWARRANTIES CONTAINED IN THIS SECTION ARE GIVEN IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY WITHOUT LIMITATION THOSE OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE INTENDED USE. SUN COUNTRY HEREBY WAIVES AND RELEASES DELTA FROM ANY OTHER OBLIGATION OR AGAINST INFRINGEMENT. LIABILITY ARISING OUT OF ANY CLAIMED DEFECT, WHETHER IN THE CONTRACT, TORT, OR ANY OTHER FORM OF ACTION, AND IN NO EVENT WARRANTIES EXIST AT LAW THAT MAY NOT WILL DELTA BE DISCLAIMEDLIABLE FOR INCIDENTAL, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTCONSEQUENTIAL OR SPECIAL DAMAGES.

Warranty. Seller agrees to extend its standard commercial warranties and to extend or assign any third party warranties that are applicable to all products and services Seller provides to Company at the time the products are received by Company. To the extent not included within the foregoing warranty, Seller warrants that the Products sold by Seller all products it provides to Purchaser Company will be new (not refurbished), not contain or comprise counterfeit or gray market products or components, materially conform to with Seller’s published specifications and are user manuals for the products and be free from material defects in material materials and workmanship. Unless otherwise specified , for a period of 90 days for hardware and software; and, in the event Company provides written notice to Seller of a breach of the foregoing warranties, as Company’s sole remedy for the breach thereof (unless the breach us caused by Seller in writingCompany’s willful misconduct or gross negligence), this warranty extends for one year from the date and without application of original purchase. All warranties apply only any liability limitation to the original Purchaser unless otherwise agreed by sole remedy, Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair expense and within a commercially reasonable time period either repair, replace or replacement of re-perform the Product defective products or (b) a credit for services, or both as applicable, or in the event Seller is unable or unwilling to do either, Seller will promptly refund Company the price paid for the defective products or services, or both as applicable, and for any products or services, or both as applicable, that are not able to be used by the original Purchaser Company as intended or in accordance with Company’s published specifications and user manuals due to any of the Product. This express warranty does not apply toaforementioned defects, and no warranty remedy where Company will be given for, Product issues resulting from: (a) accident, acts return any such defective or unusable products at Seller’s expense in consideration of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerrefund. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEAS EXPRESSLY STATED HEREIN, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIEDDISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTPURPOSE.

Warranty. Seller Supplier warrants that the Products sold Work to be performed by Seller Supplier and its sub-suppliers, and the materials and equipment to Purchaser conform to Seller’s specifications and are be furnished under this Agreement shall (a) be free from defects in material material, design and workmanship. Unless otherwise specified workmanship for a period of two (2) years following Customer acceptance, (b) be of merchantable quality, (c) conform to Calspan JETS’s specifications, (d) be fit for all intended particular purposes and uses for the Work, including but not limited to those identified by Seller Calspan JETS, (e) be delivered in writingaccordance with applicable laws and regulations and (f) conform to all other warranties that are implied or imposed under applicable law During such Warranty period, this warranty extends for one year Supplier hereby agrees on notice from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy Calspan JETS that Supplier will reimburse Calspan JETS for any justified claim under this warranty shall be limited to one of the followingand all damages caused by Supplier’s breach or by nonconforming Work. Supplier, at SellerCalspan JETS’s sole discretionoption, will: (a) with respect to Goods, replace or repair or replacement of the Product or (b) a credit for nonconforming Goods at the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanshipCustomer Site at Supplier’s cost; (b) with respect to Services, re- perform all services necessary to correct any Product damaged by such nonconformity at Supplier’s cost; or (c) refund the failure purchase price of the owner nonconforming Work and any related costs incurred by Calspan JETS. Manufacturers' warranties received by Supplier which are applicable to useany material, maintainequipment, parts, property and services furnished by Supplier under this Agreement shall run to Calspan JETS and survive acceptance and payment. The warranties contained in this section are in addition to and are not to be construed as restricting or limiting any warranties or remedies of Calspan JETS, express or implied, which are provided by any Agreement or by law. Any attempt by Supplier to limit, disclaim, or store the Product as specified restrict any such warranties or remedies of Calspan JETS in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEmanner shall be null, SELLER MAKES NO WARRANTY WHATSOEVERvoid, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTand ineffective.

Warranty. Seller The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Products sold by Seller to Purchaser Work will substantially conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends the requirements of the Contract Documents for one year from following Substantial Completion, except for those inherent in the date quality of original purchasethe Work the Contact Documents require or permit and those generally accepted in the construction industry. All warranties apply only Work, materials, or equipment not conforming to these requirements may be considered defective, unless the defect was caused, in whole or in part, by abuse, alterations to the original Purchaser unless otherwise agreed Work not executed by Seller in writingthe Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under Owner acknowledges that the terms of this warranty shall be limited to one provide for the manner, performance, or quality of the followingdesired construction and are clear, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply tospecific, and no warranty remedy will be given forsufficiently detailed to establish the only standards of construction. TO THE EXTENT PERMITTED BY LAW, Product issues resulting from: (a) accidentOWNER WAIVES ANY CAUSE OF ACTION UNDER ALL IMPLIED WARRANTIES, acts of natureINCLUDING, improper installationBUT NOT LIMITED TO, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES AND STIPULATES THAT SUCH IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION ARE EXPRESSLY REPLACED BY THIS WARRANTY. OWNER ACKNOWLEDGES THAT THIS WARRANTY IS PROVIDED AS OWNER’S EXCLUSIVE REMEDY RELATED TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTANY ISSUE COVERED.

Warranty. Seller COMPANY represents and warrants to Representative that the Products, for a period of twelve (12) months, will be free from material defects in materials and workmanship and will operate substantially in conformance with COMPANY’s documentation. This warranty period begins the date Products sold by Seller are shipped from Representative to Purchaser conform its Customers. The foregoing warranty does not apply to Seller’s specifications any Products which have been subject to misuse, including but not limited to static discharge, neglect, accident or modification or which have been soldered or altered during assembly and are free from defects in material and workmanshipnot capable of being tested by COMPANY under its normal test conditions. Unless otherwise specified by Seller in writing, this warranty extends COMPANY’s obligation for one year from the date of original purchase. All warranties apply only Products failing to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under meet this warranty shall be limited to one refund the purchase price of the followingnonconforming Product, at Selleror to replace or repair the nonconforming Products, provided that Representative follows COMPANY’s sole discretion: (a) repair or RMA procedures. COMPANY shall bear the cost of freight and insurance for returned Products. The warranty on any replacement Product shall be the same as that of the Product original Products. Representative will have no right or (b) a credit for authority to make any further representations, warranties or guarantees on behalf of COMPANY in connection with the price paid by the original Purchaser sale of the ProductProducts to its Customers. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND NON-TRANSFERABLE AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, AND EACH PARTY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING ANY WARRANTY WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. COMPANY NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER WARRANTY OR AGAINST INFRINGEMENTLIABILITY IN CONNECTION WITH SALE OR USE OF THE PRODUCTS AND COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ANY PRODUCT OTHER THAN THE COMPANY PRODUCTS. IN THE EVENT WARRANTIES EXIST AT LAW ANY PROTOTYPES OR PRE-RELEASE COMPANY PRODUCTS THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH FURNISHED BY COMPANY ARE FURNISHED “AS IS” WITH NO WARRANTIES SHALL BE OF ANY KIND. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTREMEDY.

Warranty. Seller COMPANY represents and warrants to Representative that the Products, for a period of [***], will be free from material defects in materials and workmanship and will operate substantially in conformance with COMPANY’s documentation. This warranty period begins the date Products sold by Seller are shipped from Representative to Purchaser conform its Customers. The foregoing warranty does not apply to Seller’s specifications any Products which have been subject to misuse, including but not limited to static discharge, neglect, accident or modification or which have been soldered or altered during assembly and are free from defects in material and workmanshipnot capable of being tested by COMPANY under its normal test conditions. Unless otherwise specified by Seller in writing, this warranty extends COMPANY’s obligation for one year from the date of original purchase. All warranties apply only Products failing to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under meet this warranty shall be limited to one refund the purchase price of the followingnonconforming Product, at Selleror to replace or repair the nonconforming Products, provided that Representative follows COMPANY’s sole discretion: (a) repair or RMA procedures. COMPANY shall bear the cost of freight and insurance for returned Products. The warranty on any replacement Product shall be the same as that of the Product original Products. Representative will have no right or (b) a credit for authority to make any further representations, warranties or guarantees on behalf of COMPANY in connection with the price paid by the original Purchaser sale of the ProductProducts to its Customers. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND NON-TRANSFERABLE AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, AND EACH PARTY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING ANY WARRANTY WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. COMPANY NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER WARRANTY OR AGAINST INFRINGEMENTLIABILITY IN CONNECTION WITH SALE OR USE OF THE PRODUCTS AND COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ANY PRODUCT OTHER THAN THE COMPANY PRODUCTS. IN THE EVENT WARRANTIES EXIST AT LAW ANY PROTOTYPES OR PRE-RELEASE COMPANY PRODUCTS THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH FURNISHED BY COMPANY ARE FURNISHED “AS IS” WITH NO WARRANTIES SHALL BE OF ANY KIND. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTREMEDY.

Warranty. Seller warrants Tiller’s sole and exclusive warranty with regard to Products or services provided is that the Products sold by Seller to Purchaser will conform to SellerTiller's specifications on delivery. Customer agrees that Tiller’s specifications and quality management laboratory’s results shall be determinative of achieving any specification results; results from third part laboratories are free from defects expressly disclaimed as determinative in material and workmanshipall cases. Unless otherwise specified by Seller in writing, this warranty extends for one year from Tiller does not warrant the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy Product for any justified claim under this warranty shall particular purpose and in no case will Tiller be limited liable for failures due to one Customer’s care of the followingproduct, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable site conditions or improper installation or use. TILLER HEREBY DISCLAIMS ALL OTHER WARRANTIES OR GUARANTEES WITH RESPECT TO THE PRODUCTS OR SERVICES, lack of proper maintenanceWHETHER STATUTORY, unauthorized repairs or modificationsWRITTEN, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERORAL, EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST NON-INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDIf any Product warranted hereunder proves defective or non-conforming at delivery, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTTiller's sole liability and the Customer’s sole remedy hereunder shall be for Tiller, to replace, at no cost to Customer, any such defective or non-conforming Product with a non-defective or conforming Product or credit Customer’s account for all amounts paid with respect to the defective or non-conforming Product. In no case shall Tiller be responsible for installation or reconstruction costs, lost profit, delays or penalties incurred by Customer. Any claims by Customer for defective or non-conforming product must be made within 5 business days of delivery unless due to the nature of the Product a claim must be made in a shorter period of time in order to preserve evidence of the Product’s defect or non-conformance.

Warranty. Seller Subject to the terms of this Section 3.2(d), Landlord warrants that the Products sold by Seller to Purchaser conform to Sellermaterials and workmanship comprising Landlord’s specifications and are Work will be free from defects in material or deficiencies. Any portion of Landlord’s Work not conforming to the previous sentence may be considered defective. Landlord’s warranty excludes remedy for damage caused by abuse by any of the Tenant Parties or modifications not made by Landlord or any Landlord Party or improper or insufficient maintenance to the extent that such maintenance is not the responsibility of Landlord hereunder, it being understood and workmanshipagreed that normal wear and tear and normal usage are not deemed defects or deficiencies. Unless otherwise specified by Seller in writingLandlord agrees that it shall, this warranty extends for one year from without cost to Tenant, correct any portion of Landlord’s Work which is found to be defective promptly following the date that Tenant gives Landlord written notice (a “Defect Notice”) of original purchasesuch defective condition, provided that the Defect Notice is delivered to Landlord on or before the date (the “Warranty Expiration Date”) that is three hundred sixty (360) days following the substantial completion of the applicable phase of Landlord’s Work, time being of the essence, it being understood and agreed that there shall be a separate Warranty Expiration Date for each phase of Landlord’s Work. All Landlord’s obligations under this Section 3.2(d) shall expire on the Warranty Expiration Date and be of no further force and effect except with respect to any defects or deficiencies in Landlord’s Work disclosed in any Defect Notice delivered before the Warranty Expiration Date. In addition to and notwithstanding the foregoing, Landlord hereby agrees, at no cost to Tenant, to use reasonable efforts to enforce its warranties apply only against any contractor performing any portion of Landlord’s Work and, if Landlord reasonably concludes in good faith that the cost to bring the claim and the resulting benefits to the original Purchaser unless otherwise agreed by Seller Building and the occupants therein do not justify pursuing the warranty claim then Tenant may, but is not required to, obtain a non-exclusive assignment of such claim from Landlord and to pursue the same at ▇▇▇▇▇▇’s sole cost and expense. Nothing in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty Section 3.2(d) shall be limited deemed to one limit Landlord’s obligations for maintenance and repair in accordance with Section 10.2 of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTLease.

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement Services are warranted to be in substantial conformity with industry standards and consistent with the standards established under Exhibit B attached hereto. Services that are custom-made for Reseller will meet the terms for their development accepted in writing by eCom. eCom Technical Support may provide response measures, in the sole discretion of eCom, that are in addition to the Product or foregoing warranties. Warranties on third-party software, services, equipment, etc. are limited to such third party’s licensing terms and conditions. (b) eCom does not warrant that the Service shall be uninterrupted or error free or that it shall meet Reseller’s or any Reseller Customer’s needs but eCom shall be subject to the Service Level Agreements under Exhibit B attached hereto. Reseller shall be solely responsible for the accuracy and integrity of data, reports, documentation and internal security with respect to or arising from Reseller as well as Reseller Customers and their Consumers up to the point that they are delivered to eCom. eCom shall be solely responsible for the accuracy and integrity of data, reports, documentation and internal security with respect to or arising from their delivery and manipulation until such time as they are returned to Reseller. Reseller Customers, and their Consumers. eCom makes no representation or warranty that any payee on any remittance item transmitted pursuant to services performed under this Agreement will post a credit to the paying Consumer’s account in an accurate or timely manner. (c) eCom will provide, upon written request from Reseller a description of security methods and procedures employed by eCom and will from time to time modify those security methods and measures as required to make them compliant with the then current reasonable industry standards as well as all applicable laws, rules and regulations. Reseller will employ such procedures as are appropriate to secure the integrity of its data in its possession. Reseller understands that certain risks are inherent in the transmission of information over the Internet, and eCom shall incur no liability for the price paid breach of its or Reseller’s security measures unless caused by the original Purchaser willful misconduct or gross negligence of eCom, its employees, agents, contractors or other third parties on behalf of eCom. (d) eCom shall be responsible for its processing errors and shall immediately correct any such errors. (e) eCom will hold Reseller harmless from any damages or liabilities resulting from third-party claims that the Services infringe U.S. patents, copyrights or similar intangible rights, provided that Reseller will promptly notify eCom of the Product. This express warranty does not apply tomatter, cooperate (on a non-monetary basis) with eCom as requested, and no warranty remedy will be given forpermit eCom to control the investigation, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts defense and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure disposition of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTsame.

Warranty. Seller ‌ 14.1 Provider represents and warrants that the Products sold by Seller to Purchaser Leased Equipment, including any firmware, will (a) conform to Seller’s specifications and are in all material respects with its specifications; (b) be free from defects all liens, claims, and encumbrances; and (c) not fail when deployed in the field as a result of a material impairment, provided that if such Leased Equipment does fail during deployment, Provider will provide a repair or replacement of such Leased Equipment, as the circumstances may warrant and workmanshipsubject to Anaheim’s payment of any obligations set forth in Section 14.2, and ship oversight the repaired or replacement Leased Equipment to Anaheim’s designated facility within two (2) days of Anaheim’s first providing notice to Provider’s customer service phone number. Unless otherwise specified by Seller in writingAny Leased Equipment that cannot be repaired onsite must be returned to a Provider- designated facility. 14.2 Provider’s repairs, this warranty extends for one year from the date adjustments, or replacement of original purchase. All warranties apply only impaired Leased Equipment pursuant to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be subject to the following costs charged to Anaheim, if any, based on the following circumstances:‌ 14.2.01 If occasioned by inherent defect in or reasonable wear and tear on the Leased Equipment, then without any charge to Anaheim for transportation, including handling costs (if any), or for Provider’s costs for repair, adjustment, or replacement; 14.2.02 If occasioned by any cause other than inherent defect in or reasonable wear and tear on the Leased Equipment (such as any damage generated from Anaheim’s excessive wear and tear, misuse, and/or abuse of the Leased Equipment, including but not limited to one direct oil injection into the applicable Leased Equipment), then at Anaheim’s cost for transportation, including handling costs (if any), and for Provider’s actual cost of repair, adjustment, or replacement; and 14.2.03 If occasioned because Anaheim is unable to return the followingLeased Equipment for any reason (including but not limited to units that are lost, stolen, or damaged beyond reasonable repair), then at SellerAnaheim’s sole discretion: (a) repair or replacement of the Product or (b) a credit cost for the replacement fee for the applicable Leased Equipment, including any applicable re-stocking fees and/or other charges, which shall be the list price paid for the applicable Leased Equipment in effect at the time of replacement. 14.3 Anaheim shall notify and return, if necessary, impaired Leased Equipment to Provider as soon as such impairment is discovered. 14.4 If requested by the original Purchaser of the Product. This express warranty does not apply toProvider, Anaheim shall return any Leased Equipment to Provider for calibration and no warranty remedy testing at Provider’s cost for shipping and handling. 14.5 Non-gaseous consumables (one year – 300 test supply) will be given for, Product issues resulting from: supplied to Anaheim at no additional charge (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any solely with applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTLeased Equipment).

Warranty. Seller IBP, LLC (“IBP”) warrants to the original end use purchaser (“Owner”) that when used in an application which is consistent with the Products sold intended end use identified on the product label or stamp and in conjunction with a residential structure owned by Seller Owner, then subject to Purchaser conform all of the conditions contained in this Limited Warranty, TREX® PROTECT® will not, except as provided below, de-laminate, blister, peel or dissolve as a result of exposure to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends ultra violet rays for one year from a period of 25 years following the date of original purchase. All warranties apply only This Limited Warranty is applicable to the original Purchaser unless otherwise agreed purchaser and property owner only, and is not transferable. This Limited Warranty shall not apply (i) if the Owner fails to use TREX® PROTECT® in strict compliance with IBP’s instructions, (ii) if TREX® PROTECT® is uncovered by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy a deck floor for any justified claim under this warranty shall be limited material period of time, (iii) if TREX® PROTECT® has been damaged as a result of misuse or abuse, whether by accident or by negligence, including, without limitation, striking, breaking, cutting, burning or melting TREX® PROTECT®, (iv) if TREX® PROTECT® has been damaged as a result of exposure to one long-wave infrared energy reflected from low emissivity glass (“Low-E Glass”), (v) if TREX® PROTECT® has been damaged as a result of the followingrelease or application of any substance on or to TREX® PROTECT®, including, without limitation, caustic substances or abrasives, or (vi) if TREX® PROTECT® has been used in connection with any deck drainage system other than the Trex® RainEscape® Deck Drainage System (the “System”). Subject to the conditions set forth in this Limited Warranty, if TREX® PROTECT® de-laminates, blisters, peels or dissolves as a result of exposure to ultra violet rays within 25 years following the date of its purchase, IBP will, at Seller’s its option and in its sole discretion, either: (ai) repair replace the nonconforming or replacement of the Product defective TREX® PROTECT®, or (bii) a credit for remit to Owner the purchase price which Owner paid by to purchase the original Purchaser of the Productnon-conforming TREX® PROTECT®. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT THIS REMEDY IS THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH ABOVEHEREIN. Consequently, SELLER MAKES NO WARRANTY WHATSOEVERwithout limiting the generality of the foregoing, EXPRESS OR IMPLIEDIBP will under no circumstances provide or be liable for labor costs, INCLUDING ANY WARRANTY OF MERCHANTABILITYcosts of removal or reinstallation of TREX® PROTECT® and/or damaged decking material, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDdisposal costs, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTfreight, taxes, or any other costs, charges or expenses incurred by Owner in connection with any nonconforming or defective TREX® PROTECT®.

Warranty. Seller Unless otherwise agreed upon by the parties in writing, the "Warranty Period" shall be 2 years. Supplier warrants that all Deliverables purchased hereunder (1) will be provided in a professional and workmanlike manner in accordance with the Products sold by Seller to Purchaser conform to Seller’s specifications highest standards in the industry and are be free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only design (to the original Purchaser extent the design was provided by Supplier), material and/or workmanship; (2) will be new and not used or reconditioned; (3) will upon Buyer's taking title of the Deliverable and for the Warranty Period conform to the specifications, drawings, and/or descriptions provided to Buyer before its purchase hereunder; (4) will upon ▇▇▇▇▇'s taking title of the Deliverable and for the Warranty Period be fit for the intended purpose; (5) will comply with such other Deliverable specific warranties as may be required by Buyer for the time period required by Buyer; and (6) the Deliverables shall comply with all applicable Laws. This warranty is in addition to and not in lieu of any other warranties given by Supplier and warranties created or existing pursuant to applicable Law. This warranty is fully transferable by Buyer at Buyer’s option to Buyer’s customers. Supplier warrants that it has title to the Deliverables and that the Deliverable is free of all liens, security interest or and encumbrance. These warranties shall survive inspection, test, acceptance and payment and shall accrue to Buyer, its successors, assigns and customers. Warranty failures may be returned to Supplier for repair, replacement or credit at Buyer’s option and at Supplier’s risk and expense. Repaired and replacement Deliverables shall be new and not reconditioned (unless otherwise agreed to in writing between the parties) and subject to the Warranty terms herein. If Supplier breaches any warranty specified in this order or afforded by Seller Law, Buyer shall be entitled to avail itself cumulatively of all remedies in writingLaw or in equity. Seller's sole obligation and Purchaser’s exclusive remedy Notwithstanding anything to the contrary to this Section 7. Buyer shall be entitled to full compensation for any justified claim under this warranty shall be and all losses, damages, costs and expenses (including but not limited to one rework costs, overtime charges, cost of the followingmanufactured or partially manufactured assemblies, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price fines and penalties paid by the original Purchaser Buyer and/or claimed by any customer of the Product. This express warranty does not apply to, Buyer related to a breach of Supplier’s warranties hereunder) and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable other similar amounts suffered or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTincurred.

Warranty. (a) Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications all products delivered hereunder including all components and are raw materials incorporated therein, as well as products corrected under this warranty, shall be new, free from defects in material workmanship, materials, and workmanshipmanufacture, shall comply with the requirements of these terms and conditions and compliant with any drawings or specifications incorporated herein or to any samples furnished by Seller, and where design is Seller's responsibility, be free from defects in design. Unless Seller further warrants all products purchased hereunder shall be of merchantable quality and shall be fit and suitable for the purpose intended by Buyer. The foregoing warranties are in addition to all other warranties, whether expressed or implied, and shall survive delivery, inspection, acceptance or payment by Buyer. (b) If any products delivered hereunder do not meet the warranties specified herein or otherwise applicable, Buyer may, at its election: (i) require the Seller to promptly correct, at no cost to Buyer, any defective or non-conforming products by repair or replacement, at the location as specified by Buyer, or (ii) return such defective non-conforming products at Sellers expense to the Seller in writing, this warranty extends for one year and recover from the date of original purchaseSeller the order price thereof. The foregoing remedies are in addition to all other remedies at law or in equity or under an order, for damages or otherwise shall not be deemed to be exclusive. All warranties apply only shall run to the original Purchaser Buyer and to its customers. (c) Buyer's approval and/or acceptance of the Seller's product or design shall not relieve Seller of the warranties set forth in this clause, nor shall waiver by Buyer of any drawing or specification requirement for one or more of the products constitute a waiver of such requirements for the remaining products to be delivered hereunder unless otherwise agreed so stated by Seller Buyer in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim The provisions of the clause shall not limit or affect the rights of the Buyer under the clause hereof entitled: "Inspection." (d) Claims by Buyer under this warranty shall may be limited exercised any time within a minimum period of two years after final acceptance unless specifically agreed otherwise in writing. (e) These warranties are in addition to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or any other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTwarranties included herein.

Warranty. Seller warrants that the Products sold Except as is furnished herein in writing by Seller to Purchaser conform Buyer, Seller warrants solely to Buyer only that materials furnished hereunder will be of the kind designated or specified, and no other warranty, except of title, shall be implied. Providing Buyer gives notice in accordance with Article 11, if goods sold hereunder contain defects in material or workmanship demonstrated to Seller’s specifications and are free satisfaction to have existed at the time of departure from defects Seller’s plant, Seller, reserving the right to either inspect them in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and PurchaserBuyer’s exclusive remedy for any justified claim under this warranty shall be limited to one of the followinghands or request their return will, at Seller’s sole discretion: (a) repair option, correct or replacement of the Product replace at Seller’s expense F.O.B. Seller’s plant, or (b) a give Buyer proper credit for the price paid such goods determined by the original Purchaser of the ProductSeller to defective, with all necessary packaging and transportation costs (if any) to be assumed by Buyer. This express warranty does The foregoing shall not apply toto goods that shall have been subjected to alteration, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of naturecontamination, improper installationmaintenance or storage, improper assemblymisapplication, unreasonable misuse, negligence or improper use, lack of proper maintenance, unauthorized repairs accident after shipment from Seller’s plant by anyone except Seller’s authorized employees or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturergoods to which Buyer’s tests use an unrepresentative sample. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVEON FACE OF SELLER’S INVOICE OR ON THE ▇▇▇▇ OF LADING, SELLER MAKES NO WARRANTY WHATSOEVERALL WARRANTIES OF MATERIALS SOLD HEREUNDER, EXPRESS EXPRESSED OR IMPLIED, INCLUDING ANY BUT NOTLIMITED TO WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY. *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. THE REMEDIES SET FORTH IN THIS ARTICLE 3 SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE BUYER, IN LIEU OF ALL OTHER REMEDIES FOR DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL AND SPECIAL OR AGAINST INFRINGEMENTINCIDENTAL DAMAGE ARISING OUT OF LATE, PARTIAL AND/OR NON DELIVERY, THE SALE, USE, FURNISHING OF MATERIALS, OR SUITABILITY FOR GENERAL OR PARTICULAR USE). IN NO EVENT WILL SELLER’S LIABILITY EXCEED THE CONTRACT (PURCHASE) PRICE FOR THE MATERIALS FOR WHICH LIABILITY IS CLAIMED. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING SUITABILITY FOR USE AND SELLER SHALL IN NO EVENT WARRANTIES EXIST AT LAW THAT MAY BE LIABLE IN THIS RESPECT. THE GIVING OR FAILURE TO GIVE ADVICE, RECOMMENDATION OR SAFETY WARNINGS OF ANY CHARACTER BY SELLER SHALL NOT BE DISCLAIMEDIMPOSE ANY LIABILITY UPON SELLER. If the materials sold hereunder are resold by Buyer, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTBuyer agrees to include in the contract for resale provisions which limit recoveries against Seller in accordance with this Article ▇.▇▇ employee or agent of Seller is authorized to make any warranty statement, promise or understanding other than that which is specifically set forth herein. The provisions in any specification data sheet or chart issued by Seller or attached hereto are descriptive only and are not warranties or representations.

Warranty. Seller 10.1 Beechwood warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects Licensed Program will perform substantially as set forth in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to documentation during the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product Warranty Period as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerExhibit A. 10.2 TO THE FULL EXTENT PERMITTED BY LAW. EXCEPT FOR Beechwood HEREBY DISCLAIMS ANY CONDITIONS, PROMISES, REPRESENTATIONS, AND WARRANTIES, WHETHER IMPOSED BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIEDLICENSED PROGRAM, INCLUDING ITS CONFORMITY TO ANY REPRESENTATIONS OR DESCRIPTIONS NOT EXPRESSLY SET OUT HEREIN, Beechwood HEREBY DISCLAIMS THE EXISTENCE OF ANY OTHER WARRANTIES OR CONDITIONS WHATSOEVER INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NO ORAL OR AGAINST INFRINGEMENTWRITTEN INFORMATION OR ADVICE GIVEN BY Beechwood, ITS AGENTS OR REPRESENTATIVES SHALL CREATE A WARRANTY OR CONDITION OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. 10.3 Nothing in this Agreement is intended or shall be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable to this Agreement or the software supplied hereunder by virtue of any national or state Fair Trading, Trade Practices or other consumer legislation and which may not be modified or excluded. If permitted by such legislation, however, Beechwood's liability for any breach of any such warranty or condition shall be and is hereby limited to, as Licensee's exclusive and sole remedy for any breach of warranty for which Beechwood may be responsible, return of any License Fees paid to Beechwood by Licensee. 10.4 IN THE NO EVENT WARRANTIES EXIST AT LAW THAT MAY NOT SHALL Beechwood BE DISCLAIMEDLIABLE FOR ANY LOSS OF PROFIT, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES; (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND TO THE REPLACEMENT VALUE LOSS OF BUSINESS INFORMATION OR COMPUTER PROGRAMS OR BUSINESS RECORDS) EVEN IF Beechwood HAS BEEN ADVISED OF THE PRODUCTPOSSIBILITY OF SUCH CLAIMS OR DEMANDS, THE LIMITATION UPON DAMAGES AND CLAIMS INTENDED TO APPLY WITHOUT REGARD TO WHICH OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. In any event the cumulative liability of any party to Licensee for all claims related to the Licensed Program and this Agreement whether in contract, ?????, strict liability or otherwise, shall not exceed the License Fee paid to Beechwood hereunder. 10.5 This warranty and limitation of liability reflects an allocation of risk between the parties as is permitted by the Uniform Commercial Code as adopted in New Jersey, U.S.A. 10.6 In any event the cumulative liability of any party to Licensee for all claims related to the Licensed Program and this Agreement, whether in contract, ????, or strict liability, shall not exceed the total amount of License Fee paid to Beechwood hereunder.

Warranty. Seller warrants that all products delivered hereunder, including all components and raw materials incorporated therein, as well as products corrected under the Products sold warranty, shall be free from defects of workmanship, materials and manufacture, shall comply with the requirements of this Order, including compliance with any drawings or specifications incorporated herein to any samples furnished by Seller to Purchaser conform to Seller’s specifications , and are where design is Seller's responsibility, be free from defects in design. Seller further warrants all products purchased hereunder shall be made of new material and workmanshipbe of merchantable quality and shall be fit and suitable for the purposes intended by Buyer. Unless The foregoing warranties are in addition to all other warranties, whether expressed or implied, and shall survive any delivery, inspection, acceptance, or payment by Buyer. If any products delivered hereunder do not meet the warranties specified herein or otherwise applicable, Buyer may at its election (i) require the Seller to promptly correct, at no cost to Buyer, or any defective or nonconforming products be repaired or replaced at the location specified by Buyer, or (ii) return such defective or nonconforming products at Seller's expense to the Seller in writing, this warranty extends for one year and recover from the date of original purchaseSeller the order price and shipping costs thereof. If, after being requested by ▇▇▇▇▇, the Seller fails to promptly replace or correct any defective product, Buyer (i) may by contract or otherwise replace or correct such products and charge the Seller the cost occasioned thereby, or (ii) may, without further notice, terminate this Order for default in accordance with the clause thereof entitled "Termination", or (iii) may utilize the deficient product and require an appropriate reduction in price. The foregoing remedies are in addition to all other remedies at law or in equity under this Order, for damages or otherwise, and shall not be deemed to be exclusive. All warranties apply only shall run to the original Purchaser Buyer and to ▇▇▇▇▇’s Customer(s). Buyer's approval of the Seller's products or design shall not relieve Seller of the warranties set forth in this clause, nor shall any waiver by Buyer of any drawing or specification requirement for one or more of the products constitute a waiver of such requirement for remaining products to be delivered hereunder unless otherwise agreed so stated by Seller ▇▇▇▇▇ in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim The provisions of this clause shall not limit or affect the rights of Buyer under the clause hereof entitled "Inspection." Claims by Buyer under this warranty shall may be limited to one exercised anytime within a minimum period of the following, at Seller’s sole discretion: one (a1) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects year after final acceptance unless specifically agreed otherwise in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTwriting.

Warranty. Unless otherwise agreed in writing, the Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s Products, when properly used, stored and maintained, and if properly assembled and installed, shall comply with the technical specifications pertaining thereto and are shall be free from defects in material materials and workmanship. Unless otherwise specified by workmanship and the Seller undertakes, at its sole option, either to repair or replace in writing, this warranty extends for one year from its premises and at its expense the Products found to be defective within twelve (12) calendar months of the date of original purchasedelivery or credit the Buyer the purchase price of such defective Products. All warranties apply only Buyer shall notify the Seller, in writing and without delay, the defects discovered and shall give to Seller all evidence and justification available. The Seller's warranty does not extend to (i) any defect, damage or loss due to misuse, normal wear and tear, accident, disaster, abuse, neglect, and (ii) defect, damage or loss caused by Product which has been repaired or altered by the Buyer or a third party without the Seller's prior written approval, and (iii) defects, damages or losses arising out of incorrect or insufficient specifications, drawings, data or instructions furnished by the Buyer. In case any returned Product is being found on investigation by the Seller to be outside the scope or duration of the warranty or the fault being unconfirmed, the Seller is entitled to charge the Buyer all costs incurred by the Seller in connection therewith. The Buyer must receive a return material authorization number from the Seller prior to returning faulty Products covered by the Seller’s warranty. Freight and insurance costs for return of faulty Products to the original Purchaser unless otherwise agreed Seller will be borne by Seller in writingthe Buyer and freight and insurance cost for the delivery of repaired Products and replacement Products to the Buyer will be borne by the Seller. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair Repair or replacement of Products shall not extend the Product or (b) a credit for original warranty period. The warranty given in this Clause constitutes the price paid only representations and warranties made by the original Purchaser of Seller with respect to the Product. This Products supplied by the Seller and any other warranties, whether express warranty does not apply toor implied by law or otherwise, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts fitness for purpose or merchantability, are expressly disclaimed and hosesexcluded. Seller shall not be liable for costs, expenses and any other damages or other causes not directly arising from defects in materials losses associated with inspection, test, removal, reassembly, rework operations incurred as a reason of Products defaults and repair or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTreplacement.

Warranty. Seller warrants that the Products sold by Seller to Purchaser will conform to the Specifications and be free of material defects in materials and workmanship for a period of ninety (90) days (the “Warranty Period”) following shipment. During the Warranty Period, upon prompt written notice of defect and confirmation that the Products have been stored, integrated, installed, operated and maintained in accordance with Seller’s specifications recommendations and are free standard industry practice, Seller will repair, or at its option replace or refund the purchase price of, any defective Products or components thereof. Buyer must obtain Seller’s written authorization in the form of a Return Material Authorization Number prior to returning any Product. Seller will not be responsible for any warranty claim where the alleged defect or contamination of the Products may have resulted from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year any third party opening or altering the Product packaging after shipment from the date of original purchaseSeller’s facility and prior to receipt at Buyer’s facility. All warranties apply only Buyer must package the defective Products in accordance with Seller’s instructions and Seller will be responsible for the transportation charges incurred. Seller will return any repaired or replaced Products to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, Buyer at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerexpense. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH ABOVE, THIS WARRANTY CONSTITUTES THE SOLE AND EXCLUSIVE REMEDY OF BUYER AND THE SOLE AND EXCLUSIVE LIABILITY OF SELLER MAKES NO WARRANTY WHATSOEVERAND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE OR AGAINST INFRINGEMENTUSE. IN THE EVENT WARRANTIES EXIST AT LAW THAT SELLER’S WARRANTY DOES NOT EXTEND TO ANY PRODUCTS WHICH MAY NOT BE DISCLAIMEDHAVE BEEN DAMAGED AS A RESULT OF ACCIDENT, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE MISUSE, ABUSE OR AS A RESULT OF THE PRODUCTMODIFICATION BY ANYONE OTHER THAN SELLER OR AN AUTHORIZED SELLER REPRESENTATIVE.

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are Superconductor Systems delivered under this Agreement shall, at the time of delivery, be free from material defects in material materials and workmanship. Unless otherwise specified by Seller in writing, this This warranty extends shall survive for one year a period of [***] from the date of original purchaseshipment, provided that Buyer gives notice of any defect to Seller within sixty (60) days of discovery. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the followingTHE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDLiability under this warranty is limited to the furnishing of replacement parts or an exchange of Superconductor Systems only. Any Superconductor Systems to be repaired or replaced pursuant to the foregoing warranty shall be returned to Seller only with the prior approval of Seller, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTat Buyer's expense and shipped to Seller at Seller's address set forth on the [***] Confidential material redacted and filed separately with the Commission. signature page of this Agreement according to Seller's written instructions. This warranty covers the cost of any parts or labor required to cure such breach, but excludes any indirect, punitive, consequential or special damages. This Warranty does not cover defects, damage or malfunctions resulting from (i) use of goods other than in compliance with Seller specifications and instructions for the intended purpose; (ii) misuse, tampering, accident, neglect, alteration, or site conditions not conforming to Seller's written guidelines provided to Buyer; (iii) unauthorized alterations or repairs, use of unapproved parts or combining or interfacing the Superconductor Systems in a manner not permitted by Seller, (iv) an event of Force Majeure (as defined in Paragraph 25); (v) unauthorized installation; or (vi) improper operation or maintenance of the Superconductor Systems.

Warranty. Seller 6.1 Extent QUANTUM DESIGN UK AND IRELAND LTD warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are System shall for a period of twelve months from the date of delivery be free from defects in material design, workmanship and workmanshipmaterials, (other than defects attributable to ordinary wear and tear) and, where applicable, shall meet the specifications referred to in the Special Conditions. Unless otherwise specified If the System does not conform to such warranty QUANTUM DESIGN UK AND IRELAND LTD shall at its option:- (a) replace the System or any part of it found by Seller QUANTUM DESIGN UK AND IRELAND LTD in writing, this warranty extends for one year from the date of original purchase. All warranties apply only its sole judgment not to conform to the original Purchaser unless otherwise agreed warranty (all parts replaced by Seller QUANTUM DESIGN UK AND IRELAND LTD becoming the property of QUANTUM DESIGN UK AND IRELAND LTD); or (b) take such steps as QUANTUM DESIGN UK AND IRELAND LTD deems necessary to bring the System into a state where it is free from such defects or meets such specifications. PROVIDED THAT if there is a manufacturer’s guarantee in writing. Seller's sole obligation and Purchaser’s exclusive remedy for force in respect of the System or any justified claim under this warranty part thereof, the period of twelve months shall be limited substituted by the period left to expire of such manufacturer’s guarantee. 6.2 Limitation Subject as herein provided the aggregate liability of QUANTUM DESIGN UK AND IRELAND LTD in contract, for negligence or otherwise shall in no event exceed the price payable or paid by the BUYER for the System and Performance of either one of the following, at Selleroptions under the above warranty shall constitute an entire discharge of QUANTUM DESIGN UK AND IRELAND LTD’s sole discretion: liability under the above warranty. 6.3 Conditions The above warranty is conditional upon:- (a) repair or replacement the BUYER providing QUANTUM DESIGN UK AND IRELAND LTD with adequate written notice of the Product or alleged defect within the above warranty period; (b) a credit for the price paid by BUYER affording QUANTUM DESIGN UK AND IRELAND LTD reasonable opportunity to inspect the original Purchaser System on site; (c) the BUYER using and maintaining the System in accordance with any instructions or recommendations of QUANTUM DESIGN UK AND IRELAND LTD and in particular not subjecting the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modificationsSystem to misuse, abuse, normal wear neglect, accident, improper alteration or tear of replaceable parts such modification or negligence in use, storage, transportation or handling; (d) as spouts and hoses, or other causes not directly arising from regards defects in materials design, the design in question not having been made, furnished or workmanship; (b) any Product damaged supplied by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTBUYER.

Warranty. Seller Services shall be performed in a professional manner, consistent with industry standards. With respect to each Deliverables, unless otherwise specified in the Statement of Work, Supplier warrants that, for a period of six weeks commencing on the acceptance of the Deliverable (the "Warranty Period"), the Deliverable under normal use will operate substantially in accordance with the functional Specifications during the Warranty Period. Customer acknowledges that the Products sold by Seller to Purchaser conform to Seller’s specifications development of computer software is not an exact science and are free from defects in material the Supplier does not warrant that the Deliverables will operate at all times without interruption or will be error-free. Supplier's entire liability and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. SellerCustomer's sole obligation and Purchaser’s exclusive remedy for any justified claim breach of the foregoing remedy shall be that Supplier, at Supplier's own expense, shall exercise commercially reasonable efforts to repair any reproducible defect in the Deliverable reported to Supplier by the Customer during the Warranty Period that causes the Deliverable not to operate substantially in accordance with the functional Specifications. If Supplier is unable to so repair the Deliverable within thirty (30) days of notice by Customer of such defect, Customer shall be entitled to a refund of the development fees paid under this warranty shall be limited Agreement to one Supplier, in an amount that Customer and Supplier reasonably determine is the amount by which the value of the followingDeliverable is reduced due to its defects. OTHER THAN THE FOREGOING, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES SERVICES AND ALL DELIVERABLES ARE PROVIDED BY SUPPLIER TO CUSTOMER AND CUSTOMER'S USERS "AS IS" AND SUPPLIER AND ITS SUPPLIERS MAKE NO WARRANTY WHATSOEVEROF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY REGARDING THE SERVICES OR THE DELIVERABLES AND SPECIFICALLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AND AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTMAXIMUM EXTENT POSSIBLE BY LAW.

Warranty. Seller (a) SUPPLIER expressly warrants that that, for a period of twelve (12) months from the date of shipment from EMS (the “Warranty Period”), all Products sold by Seller to Purchaser will conform to Seller’s specifications the relevant mutually agreed upon Product Specifications and are will be free from defects in material workmanship and workmanshipmaterials. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All The foregoing warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited void and are specifically disclaimed by SUPPLIER with respect to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) any Products that are subjected to accident, acts of naturemisuse, neglect, alteration, improper installation, improper assemblyhandling, unreasonable unauthorized repair or improper usetesting, lack of proper maintenanceprovided any such actions or occurrences are not directly attributable to SUPPLIER or its agents. No agent, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, employee or other causes representative of SUPPLIER has any authority to bind SUPPLIER to any representation or warranty relating to the Products, and any such representation or warranty shall not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure be deemed to have become a part of the owner to use, maintain, or store the Product this Agreement and shall be unenforceable except as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerset forth above. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OF ANY OTHER TYPE, WHETHER EXPRESS OR AGAINST INFRINGEMENTIMPLIED. (b) For product included in an SMI program, the twelve (12) month warranty period will begin when product is shipped from SUPPLIER. (c) BUYER may return any defective Product (not meeting specifications in effect at time of order) to SUPPLIER at SUPPLIER’s expense. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDIn addition to other remedies at law, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTequity or otherwise, SUPPLIER shall, at BUYER’s option, repair, replace, credit or refund the price of any Products found to be defective during the Warranty Period, and SUPPLIER agrees to reimburse BUYER all reasonable and actual freight and handling costs associated with such repair or replacement of any defective Product as defined in section 6.

Warranty. Seller warrants that all goods delivered hereunder shall at the Products sold by Seller time of delivery to Purchaser conform to Seller’s specifications and are the carrier shall be free from defects in material materials and workmanship. Unless otherwise specified by If any such goods shall be proved to Seller’s satisfaction to be nonconforming to such warranty at the time of delivery, then the affected good will be repaired or replaced free of charge, or Seller will refund the purchase price of the affected product. Such repair, replacement or refund (whichever Seller determines, in writingits discretion, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. provide) shall be Seller's ’s sole obligation and PurchaserBuyer’s exclusive remedy for any justified claim under this warranty nonconformity or deficiency in goods furnished hereunder and shall be limited conditioned upon ▇▇▇▇▇’s return of such goods to one of the followingSeller. ANY AND ALL OTHER WARRANTIES, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A ANY PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR AGAINST INFRINGEMENTUSAGE OF TRADE, ARE HEREBY DISCLAIMED. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDAny claim for breach of warranty shall be made within thirty (30) days after delivery of the goods that are the subject of such claim or shall be forever barred. It is solely Buyer’s responsibility to determine whether the goods are suitable for any given application, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTpurpose or use that may be intended by Buyer for such goods. Accordingly, any description of the goods (other than the specifications), whether in writing or made orally by Seller or Seller’s employees, representatives or agents, is for the sole purpose of identifying the goods and shall not be construed as an express warranty.

Warranty. 3.1 In the event if Part is sold in “as is” condition, no warranty is being granted. Otherwise, warranty terms shall be provided in the Quotation / Purchase Order. 3.2 Quality of serviceable Part shall be in full conformity with the technical conditions and regulations that are set forth in Original Manufacturer regulations. For all Part any assignable rights to warranty granted to Seller warrants that by its suppliers will be assigned to Buyer. Seller will support Buyer in pursuing such warranty claim. 3.3 Warranty claim is to be raised within 3 calendar days from the Products sold date when the defect is detected. Any Part returned for failure or warranty must be received at Seller’s facility within 7 days from the defect Warranty date. If warranty is denied, or no trouble is found with the returned Part, ▇▇▇▇▇ agrees to be responsible for any and all costs associated with such Part. 3.4 Expenses related to the warranted Part test, inspection and repair during the warranty term provided by Seller and assigned by Seller to Purchaser conform Buyer or End User of the Part, shall be on Seller. Upon expiry of warranty term, these expenses shall be borne by the Buyer and/or End User. All transportation costs and risk of loss of warranted Part shipped for correction of defects to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified the facility designated by Seller shall be borne by Buyer. 3.5 The warranty shall not be applicable in writingcase of improper use, this warranty extends for one year from the date of original purchase. All warranties apply only unqualified repairs or repairs in contradiction with repair instructions and operation and maintenance manuals, or in case warranted Part has been subject to the misuse, mishandling, negligence, accident, or ingestion of foreign material. The warranted Part must not be altered, repaired, or serviced since purchase by anyone other than Seller or manufacturer. 3.6 All original Purchaser unless otherwise agreed documentation supplied by Seller in writing. Seller's sole obligation to Buyer and Purchaseran engineer’s exclusive remedy report detailing the reason for any justified removal or failure, need to be returned with the warranted Part for warranty consideration. 3.7 In all cases Seller liability for warranty claim under this warranty shall be limited to one refund of Price for the following, at Seller’s sole discretion: (a) Part or repair or / replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTdefective.

Warranty. Seller Landlord expressly warrants that to Tenant, which warranty shall run for the Products sold by Seller to Purchaser conform to Seller’s specifications twelve (12)-month period from and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from after the date of original purchaseSubstantial Completion, that the Initial Improvements will be constructed in a good and workmanlike manner, substantially in accordance with all applicable laws, rules, codes, ordinances and regulations and the Final Plans, that all materials incorporated therein will be of good quality and new unless otherwise required or permitted by the Final Plans, and will be free of material defects (“Landlord’s Warranty”). All The Landlord’s Warranty includes labor and materials. If within twelve (12) months after the date of Substantial Completion of the initial Improvements any of the construction performed by Landlord is found to be not in accordance with the standards in the Construction Addendum, Landlord shall correct such defects, and any other damaged materials or finishes that are part of the Initial Improvements, promptly after receipt of written notice from Tenant. Tenant shall give notice promptly after discovery of the condition. Landlord’s Warranty as set forth above is expressly intended to survive Substantial Completion and completion of the construction of the Initial Improvements, acceptance and/or occupancy of the Premises by Tenant, and the payment of Monthly Rent or other amounts payable under this Lease by Tenant, for the full twelve (12)-month period herein set forth. Landlord shall assign to Tenant or make Tenant a co-beneficiary of all warranties apply only (including without limitation statutory and implied warranties, rights and remedies) that are assignable and applicable to those portions of the Initial Improvements (including equipment and systems) that Tenant is obligated to maintain or repair under this Lease; and, to the original Purchaser unless extent such warranties are not assignable or otherwise agreed enforceable by Seller in writing. Seller's sole obligation Tenant, Landlord shall use reasonable efforts to enforce such warranties on behalf of Tenant, if and Purchaseras applicable; provided, however, that such assignment shall not impair or affect Landlord’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, Warranty or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTobligations hereunder.

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writingTropic Supply Inc., this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed Buyer and/or End- User all warranties, if any, granted by the manufacturer. Seller in writing. Seller's sole obligation assigns to Buyer any and Purchaser’s exclusive all manufacturer warranties and will assist Buyer to obtain repair, replacement, or other applicable remedy for any justified claim under this a breach of warranty shall be limited made known to one of Seller during the followingwarranty period. Tropic Supply, at SellerInc. will administer and promptly process all warranties in accordance with the manufacturer’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Productspecific warranty policies and procedures. This express NO WARRANTY OF MERCHANTABILITY OR FITNESS, AND NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, ARE MADE BY TROPIC SUPPLY, INC. WITH RESPECT TO ANY PRODUCT. TROPIC SUPPLY, INC. SHALL NOT BE RESPONSIBLE FOR ANY LABOR CHARGES OR CONSEQUENTIAL DAMAGES DUE TO DEFECTS THEREIN. TROPIC SUPPLY, INC.’S SOLE RESPONSIBILITY IS TO HONOR THE MANUFACTURER’S WARRANTY, IF ANY IS FURNISHED, WITH RESPECT TO DEFECTIVE PRODUCT, PROVIDED THAT WRITTEN NOTICE SHALL BE GIVEN TROPIC SUPPLY, INC. WITHIN THE MANUFACTURER’S WARRANTY PERIOD. ALL VERBAL STATEMENTS, REPRESENTATIONS AND PROMISES ARE MERGED HEREIN. NOTE - The manufacturer’s warranty does not apply tocover Product that has been damaged by improper usage, and no warranty remedy will be given formodifications, Product issues resulting from: (a) accidentphysical or operating environment, acts of naturemaintenance, improper storage, application, installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs careless handling or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes tampering. If the warranty is not directly arising from defects in materials or workmanship; (b) any Product damaged honored by the failure manufacturer then the Buyer is responsible for the cost of the owner to use, maintain, repair or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTreplacement.

Warranty. Seller 12.1 PerSeptive warrants that the Products sold by Seller to Purchaser will conform to Seller’s specifications the Specifications at the time of delivery and are will be free from defects in material materials and workmanshipworkmanship for a period of six (6) months. Unless otherwise specified by Seller in writing, this The warranty extends for one year from period begins on the date of original purchaseinstallation if the Products are installed by PerSeptive, but in no event later than thirty (30) days after shipment, or otherwise on the date of delivery. All The foregoing warranties apply only do not include periodic maintenance or calibration recommended for some Products, unless specifically covered in the express written warranty terms, if any, accompanying the delivery of such Products. To the extent then generally available to PerSeptive customers, Sequenom may purchase extended support coverage or a service contract on Products purchased pursuant to this Agreement at PerSeptive's then applicable retail rate, less *** . 12.2 If PerSeptive receives notice of defects or nonconformance to the original Purchaser unless otherwise agreed Specifications during the warranty period, PerSeptive will, at its option, repair (and recalibrate only as necessitated by Seller repairs) or replace the affected Products. If PerSeptive is unable, within the times designated in writingSection 12.6, to repair, replace or correct a defect or non-conformance in a Product to a condition as warranted, Sequenom will be entitled to a refund of the purchase price upon prompt return of the Product to PerSeptive. SellerPerSeptive will pay expenses for shipment of both defective and repaired or replacement Products. 12.3 The above warranties do not apply to defects resulting from improper or inadequate maintenance or calibration by Sequenom or its Customers; Sequenom or third party supplied hardware or software, interfacing or supplies; unauthorized modification; improper use or operation outside of the Specifications for the Product; abuse, negligence, accident, loss or damage in transit; improper site preparation; or unauthorized maintenance or repair. 12.4 Sequenom's sole obligation and Purchaser’s exclusive remedy for any justified claim remedies under this PerSeptive's warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product that failed to conform to such warranty, or (b) a credit for refund of the purchase price paid by the original Purchaser of the Product. This express warranty does not apply toRepair, and no warranty remedy will replacement or refund shall be given for, Product issues resulting from: (a) accident, acts at the sole discretion of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR PerSeptive. 12.5 THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES FOREGOING WARRANTIES ARE EXCLUSIVE AND NO WARRANTY WHATSOEVEROTHER WARRANTY, EXPRESS OR IMPLIED, IS GIVEN BY PERSEPTIVE, INCLUDING ANY WARRANTY THOSE OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT*** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. 12.6 All Product defects or suspected defects during the warranty period will be managed by an authorized Sequenom representative (who has undergone training as provided in Section 9) who shall place a call to PerSeptive's designated service center followed up with the description of the Product problem in sufficient detail as to allow PerSeptive to assess the source of the problem. All service calls placed by Sequenom will be responded to either by fax or by phone within two (2) business days with a proposed remedy to the Customer's problem being determined by PerSeptive as soon as commercially feasible after Sequenom's initial service call. PerSeptive will use its reasonable commercial efforts to see to it that the Customer's Product is either fully operational or that a replacement instrument is delivered to the Customer if it is determined that an on-site repair is not possible with the allotted time within ten (10) business days of the initial service call. Any Product not repairable on-site and returned hereunder to PerSeptive may be conformed to comply with the Specifications at PerSeptive's facilities and thereafter used to fill a future Sequenom order.

Warranty. (a) Seller warrants agrees that the Products sold manufactured by the Seller to Purchaser conform to Seller’s specifications and are shall be free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends workmanship for one year from the date of original purchase. All warranties apply only to installation of a Climate Control System containing a Product or eighteen (18) months from the original Purchaser unless otherwise agreed by Seller in writing. date of shipment from Seller's sole factory, whichever may first occur under normal use and service and when properly installed, and its obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be is limited solely to one of repair or replace or refund the followingpurchase price at Seller's option, at Seller’s sole discretion: (a) 's factories, or any part or parts proven to be defective or non-conforming, returned to Seller with transportation charges prepaid, which Seller's examination shall disclose to its satisfaction to have been defective or non-conforming. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND IS IN LIEU OF AND IN DISCLAIMER AND EXCLUSIVE OF ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL OTHER IMPLIED WARRANTIES, IN LAW OR EQUITY, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON OUR PART. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND DESCRIPTION HEREOF. Seller neither assumes nor authorizes any person to assume for Seller any liability or obligation in connection with the sale of its Products, except said repair or replacement of the defective part as set forth above. Seller's liability does not include any labor charges for the replacement of parts, adjustments, repairs or other work done outside its factories. Seller's liability does not include any consequential or resulting damage to person, property, equipment, goods, merchandise, profits, good will or reputation arising out of any defect in or failure of its Products. Seller's obligation to repair or replace shall not apply to Products altered outside its factory in any way, or which have been subject to negligence or to misuse. On parts not its manufacture, such as motors, controls, etc., Seller extends only the same warranties given to the Seller. Seller's agreement hereunder runs only to the immediate purchasers and does not extend, expressly or by implications, to any other person. Nothing in the above warranty provisions, however, shall impose liability or obligation of any type, nature or description upon Seller if Seller has not received payment in full for the Product in question. (1) Products damaged in shipment or otherwise without fault of Seller; (2) defects in Products due to negligence (other than that of Seller), accident, abuse, improper care or storage, abnormal condition of temperature or moisture; (3) damage to Products which have been tampered with or altered in any way other than by Seller; or (4) expenses incurred by Purchaser in attempting to correct any defects in Products. (b) Seller additionally warrants that in the manufacture of Products it complies with all applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act as amended and the regulations and orders of the United States Department of Labor issued under Section 14 thereof. (c) Seller warrants to Purchaser that any Product sold by Seller to Purchaser hereunder will not infringe the claim of any U.S. patent owned by a credit third party covering the Product itself and agrees to indemnify the Company against liability for the price paid any alleged infringement; provided, however, that Purchaser shall notify Seller within ten (10) days after receipt by the original Purchaser of the Productany such claim of alleged infringement or any notice of commencement of any suit based on such alleged infringement, and provided further, that Seller shall control and remain in control of any and all proceedings taken in defending such suit, including without limitation utilization solely of counsel of Seller's own selection to defend such suit. This express warranty Seller does not apply towarrant against infringement by reason of use of any Product by Purchaser in combination with other materials or in the operation of any process. (d) Recommendations by Seller, and if any, covering the utilization, properties or qualities of Products delivered hereunder or with respect to services performed are believed reliable but Seller makes no warranty remedy will be given forwhatever with respect thereto. Subject to the other terms of this agreement, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable use or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure application of the owner Products sold by Purchaser to use, maintain, the Company hereunder is at the discretion of Purchaser without any liability or store obligation on the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERpart of Purchaser. (e) THESE WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING ANY BUT NOT BY WAY OF LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTPURPOSE.

Warranty. Seller The Company warrants that for a period of one (1) year -------- from the date of shipment to the Distributor, the Trex Products sold by Seller to Purchaser conform to Seller’s specifications and are shall be free from defects in material workmanship and workmanship. Unless otherwise specified by Seller in writingmaterials, this warranty extends for one year from the date of original purchase. All warranties apply only and shall conform to the original Purchaser unless otherwise agreed Company's standard specifications for such Trex Products in effect at the time of the shipment. If defects occur within the warranty period, the Distributor shall notify the Company immediately and, upon confirmation by Seller in writing. Selleran authorized Company sales representative of the defects, the Company's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty responsibility shall be limited to one of replace the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Productdefective items. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes to defects not directly arising from defects in materials or workmanship; (b) any Product damaged caused by the failure Company (for example, accidents or abuse while in Distributor's possession). The Company shall not have any liability of any kind under this warranty unless the owner to use, maintain, Distributor gives the Company notice of its claim within thirty (30) days after the date the Distributor knows or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturershould know of its claim. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVEHEREIN, SELLER MAKES THERE ARE NO WARRANTY WHATSOEVERWARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO TREX PRODUCTS. THE COMPANY EXPRESSLY EXCLUDES AND DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, APPLICATION OR AGAINST INFRINGEMENTUSE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND THE COMPANY'S LIABILITY SHALL IN NO EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO EXCEED THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE PURCHASE PRICE OF THE PRODUCTTREX PRODUCTS ON WHICH SUCH LIABILITY IS BASED.

Warranty. 10.1 At Settlement, Seller warrants that will deliver to Purchaser and executed copy of the Products limited warranty in the form set forth in the condominium instruments. Unless specified otherwise herein, the condominium unit is sold in “AS IS” condition and all warranties other than those expressly provided in the limited warranty in the condominium instruments are hereby excluded. Purchaser has been afforded the opportunity to review the limited warranty prior to execution of this agreement and agrees to accept this warranty as the sole warranty being given by Seller to Purchaser. 10.2 Purchaser conform to Seller’s specifications hereby waives any and are free from defects all warranties other than those provided in material and workmanshipthis Section. Unless otherwise specified by Seller is conveying the Condominium Unit in writing, this accordance with the warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller obligations set forth in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or Section 42-1903.16 (b) a credit for the price paid by the original Purchaser of the ProductAct. This Seller hereby expressly disclaims all other warranties under the Condominium Act, either express or implied, other than as expressly set forth herein, including any implied warranty of merchantability, habitability or fitness for a particular use or purpose. Seller makes no other warranties, expressed or implied, by statue or otherwise, to Purchaser, Seller shall not be liable for personal injury or property damage due to or arising from environmental. or ecological conditions. Without limiting the generality of the foregoing, no warranty is hereby given or to be implied herefrom or otherwise. After settlement, Purchaser agrees that Seller shall not be liable for any work, whether or not patently incomplete, or any defects not specifically noted in the pre-settlement unit inspection form, unless otherwise specifically provided in the limited warranty. It is further agreed that there shall be no withholding of seller’s funds, or any part thereof, at settlement, for any such items. Seller does not apply towarrant any building material for any such items. For any such items Seller does not warrant any building material used in the unit or the property to be free from toxicity to occupants or users and therefore disclaims any liability arising therefrom. Seller is not responsible for personal allergic or other health reactions, or injury or property damage arising from building materials at or in the vicinity of the unit. Seller makes no warranty, either express or implied, regarding the presence of radon gas or any other hazardous environmental material, at or in the vicinity of the Condominium or the Unit. Radon gas is a naturally occurring phenomenon and, according to some scientific experts in the field, exposure to radon gas for a period of time can be hazardous to your health, including increasing the risk of cancer. As a result of natural geologic conditions, some areas may pose a greater risk than others. Seller claims no expertise regarding either the identification of, or methods to reduce the level of radon gas or other naturally occurring hazardous environmental materials, or the risk associated with the exposure to radon or other hazardous materials. The United States Environmental Protection Agency and local environmental authorities are best equipped to render advice regarding the risk which may exist in a particular area, the risks associated with radon exposure, methods available to detect and measure radon levels, and no warranty remedy what, if any, remedial measures may be advisable in particular circumstances to reduce the risk of radon exposure. Purchaser acknowledges that Seller shall not be liable for any damages related to exposure to radon gas, asbestos, mold or other environmental materials. By closing upon the Unit, Purchaser will be given fordeemed to have released Seller from any and all claims and liabilities relating to or arising from the presence of radon, Product issues resulting from: (a) accidentasbestos, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, mold or other causes not directly arising from defects environmental conditions in materials or workmanship; (b) any Product damaged by on the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller property or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEUnit, SELLER MAKES NO WARRANTY WHATSOEVERand from any and all responsibility for mitigating or remediating any radon gas, EXPRESS OR IMPLIEDnaturally occurring asbestos, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTmold or other environmental conditions that may be discovered in or on the common elements or the Unit.

Warranty. Seller 11.1 SPSS warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writingSOFTWARE will, this warranty extends for one year a period of sixty (60) days from the date of original purchaseinitial shipment by SPSS, operate substantially in accordance with the functionality specified in the applicable DOCUMENTATION, provided that the SOFTWARE is installed and operated in accordance with such DOCUMENTATION. All warranties apply This warranty applies only to the original Purchaser unless otherwise agreed by Seller unmodified portion of the SOFTWARE. SPSS does not warrant uninterrupted or error-free operation of the SOFTWARE, or that SPSS will correct all SOFTWARE defects. In the event of a breach of the foregoing warranty, LICENSEE shall promptly report such breach to SPSS and SPSS will replace the subject SOFTWARE or if SPSS is unable to deliver such replacement within a commercially reasonable period of time, LICENSEE may return the subject SOFTWARE and SPSS will refund the license fees paid for the subject SOFTWARE. Upon returning the SOFTWARE, LICENSEE’S license terminate. 11.2 The remedies set forth in writing. Seller's Section 11.1 is SPSS’ sole obligation responsibility and PurchaserLICENSEE’s sole and exclusive remedy for any justified claim under this warranty shall be limited to one of such warranty 11.3 LICENSEE and LICENSEE alone is responsible for determining which SOFTWARE meets its particular needs and the followingresults obtained. THESE WARRANTIES ARE LICENSEE’S EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, USE OF REASONABLE SKILL AND CARE, OR AGAINST INFRINGEMENTTITLE, AND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT AND ALL SUCH WARRANTIES AND CONDITIONS ARE EXPRESSLY DISCLAIMED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDEVENT, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE OR CONDITIONS ARE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND PERIOD. NO WARRANTIES OR CONDITIONS APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE REPLACEMENT VALUE OF THE PRODUCTLICENSEE. THESE WARRANTIES GIVE LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. In the European Union (“EU”), consumers have legal rights under applicable national legislation governing the sale of consumer goods. Such rights are not affected by the provisions set out in this Section 11 Warranty and Exclusions. The territorial scope of the Limited Warranty is worldwide.

Warranty. This warranty extends only to the first purchaser (Buyer) of the products listed on the face hereof, and does not extend to any subsequent purchaser of any of these products. Seller warrants to the Buyer that the Products sold its products and components, when installed correctly according to instructions provided by Seller to Purchaser conform to Seller’s specifications , and are when properly maintained, will be free from defects in material workmanship and workmanship. Unless otherwise specified by Seller in writing, this warranty extends materials for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: twelve (a12) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Productmonths after manufacture. This express warranty does not apply toto defects caused by faulty installation, misuse, accident, alteration, improper care after installation, or chemical, electrical or physical abuse. If a product or a component is found not to comply with this warranty, the defective product or component shall be promptly returned, freight prepaid, to Seller’s factory for examination. If the failure is due to causes other than faulty installation or Buyer abuse, Seller will repair, or at its option replace the component or parts found to be defective at no charge and return to Buyer with shipping charges prepaid, and no warranty remedy will be given forissue credit for the incoming shipping charge. THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, Product issues resulting from: (a) accidentSTATUTORY OR OTHERWISE, acts of natureEXPRESS OR IMPLIED, improper installationALL OTHER REPRESENTATIONS TO THE BUYER, improper assemblyAND ALL OTHER OBLIGATIONS OR LIABILITIES WITH RESPECT TO ANY PRODUCT PURCHASED HEREBY, unreasonable or improper useINCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY AND SELLER’S OBLIGATION UNDER ALL SUCH WARRANTIES SHALL NOT EXCEED THOSE SET FORTH ABOVE, SELLER MAKES . NO OTHER WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTHAS BEEN MADE BY SELLER WHICH HAS BEEN RELIED ON BY THE BUYER. IN THE NO EVENT WARRANTIES EXIST AT LAW THAT MAY NOT SHALL SELLER BE DISCLAIMEDLIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OTHER THAN AS SET FORTH ABOVE OR FOR LOSS OF PROFITS OR OTHER INDIRECT, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTSPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 11.

Warranty. Seller 1. Product warranty: BlueLife warrants that the Products sold by Seller Distributor/Dealer shall acquire products purchased hereunder free and clear of all liens and encumbrances except for BlueLife’s purchase money. BlueLife further warrants all products to Purchaser conform to Seller’s specifications and are be free from defects in material or workmanship under normal use and workmanship. Unless otherwise specified by Seller in writing, this warranty extends service for one year a period of 12 months from the date of original purchasedelivery. All warranties apply only to the original Purchaser unless otherwise agreed repairs covered by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall must be limited to one of the following, done at SellerBlueLife’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesfactory, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged such warranty repair facilities of BlueLife as designated by the failure BlueLife unless BlueLife specifically directs that this service be performed at another location. Any defect corrected within 12 months and found to be within this scope of the owner to use, maintainwarranty by BlueLife or its authorised service center handled by BlueLife authorised Distributor/Dealer. All charges for labour will be under Distributor/Dealer scope of work and material will be reimbursed by BlueLife. If it is determined that either no fault exists in BlueLife, or store the Product as specified in any applicable instructions and/or warnings provided damage to be repaired was caused by Seller negligence of the Distributor/Dealer, its agents, employees or customers, the manufacturerDistributor/Dealer agrees to pay all charges associated with each such repair. EXCEPT FOR THIS CONSTITUTES THE LIMITED SOLE WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS MADE BY BLUELIFE EITHER EXPRESSED OR IMPLIED. THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED WHICH EXTEND BEYOND THE FACE HEREOF, HEREIN, INCLUDING ANY WARRANTY THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE. IN THE NO EVENT WARRANTIES EXIST AT LAW THAT MAY NOT SHALL BLUELIFE BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AND DISTRIBUTOR’S/DEALER’S REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NON-CONFORMING UNITS OR PARTS 2. Misuse of equipment: Any tampering, misuse or negligence in handling or use of equipment renders the warranty void. Further, the warranty is void if, at any time, the Distributor/Dealer attempts to make any internal changes to any of the components of the equipment; if any external device attached by the Distributor/Dealer creates conditions exceeding the tolerance of the equipment; or if any time the serial number plate is removed or defaced. OPERATION OF THE EQUIPMENT THAT RENDERS THIS WARRANTY VOID WILL BE DEFINED TO INCLUDE ALL OF THE POSSIBILITIES DESCRIBED IN DURATION TO THIS PARAGRAPH, TOGETHER WITH ANY PRACTICE WHICH RESULTS IN CONDITIONS EXCEEDING THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE DESIGN TOLERANCE OF THE PRODUCT.

Warranty. (a) Seller warrants that the Products herein described comply with the drawings and specifications supplied by Buyer on its Purchase Order as acknowledged by Seller. Buyer is responsible for supplying to Seller all applicable regulatory requirements specified by national or regional regulations. This warranty is void in cases of damage in transit, negligence, abuse, abnormal usage, misuse, accidents or improper maintenance. THERE IS NO OTHER EXPRESS WARRANTY. SELLER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE INDICATED BYBUYER TO SELLER. There are no representations as to the capacity or performance of the Products sold hereunder except as set forth in the quotation specifications, if any, and such representations are expressly conditioned upon the correctness of the data furnished by Seller to Purchaser conform to Buyer and upon the Products being properly installed and maintained. (b) Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited be, upon prompt written notice by Buyer of any defect or defects and inspection, if required, by Seller, to one of the followingrepair or replace FOB Seller’s plant or, at Seller’s sole discretion: option, allow credit for any defective part or parts expressly warranted herein against defects by Seller. IT IS EXPRESSLY AGREED THAT THIS REMEDY OF REPAIR, REPLACEMENT OR CREDIT, AT SELLER’S OPTION, IS BUYER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. (ac) repair or replacement For equipment furnished by Seller, but manufactured by others, the written warranty of the Product manufacturer, if any, will be assigned to Buyer to the extent possible. However, Seller does not adopt, and does not guarantee or (b) a credit for the price paid by the original Purchaser represent that manufacturer will permit such assignment or comply with any of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure terms of the owner warranty of such manufacturer. (d) Expenses incurred by Buyer in repairing or replacing any defective product will not be allowed except by written permission of Seller (e) Seller, in its manufacture and sale of these Products, will assume no liability as to use, maintain, possible infringement of patents by virtue of the use of said Products in combination with other elements or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTstructures.

Warranty. Seller Cirrus warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are when delivered will be, -------- (I) free from defects in material and workmanshipworkmanship under normal use and service; and, (ii) conform to specifications, subject to the last sentence of Section 1. Unless otherwise specified by Seller in writing, Cirrus' liability and obligations under this warranty extends for are limited to replacing or repairing or giving credit for, at its option, any Products which are, within one year from after the date of original purchase. All warranties apply only delivery, returned to the original Purchaser unless otherwise agreed by Seller Cirrus' factory of origin in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the followingaccordance with Cirrus' RMA procedures, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply totransportation charges prepaid, and no warranty remedy will which are, after examination, determined to be given forin breach of this warranty. THIS WARRANTY AND THE REMEDY HEREIN PROVIDED ARE IN LIEU OF ALL OTHER WARRANTIES, Product issues resulting from: (a) accidentEXPRESS, acts of natureSTATUTORY, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, OR OTHERWISE, INCLUDING ANY WARRANTY THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND OF ALL OTHER OBLIGATIONS OR AGAINST INFRINGEMENTLIABILITIES ON THE CIRRUS'S PART WITH RESPECT TO THE PRODUCT AND ITS PERFORMANCE. IN NO EVENT SHALL CIRRUS BE LIABLE FOR THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDCOST OF PROCUREMENT OF SUBSTITUTE GOODS OR FOR ANY OTHER SPECIAL, PURCHASER INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF WARRANTY. CIRRUS neither assumes, nor authorizes any other person to assume for it, any other obligations or liabilities in connection with the sale of Products. This warranty shall not apply to any unit of a Product which was damaged after delivery due to misuse, negligence, or accident. Repair or replacement of a unit of a Product shall not extend the original warranty period for that unit, but the warranty shall only continue for the duration, if any, of the original warranty period. IN FURTHER LIMITATION OF THE FOREGOING LIMITED WARRANTY, BUYER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR PRODUCTS WHICH COMPRISE SEMICONDUCTOR DEVICES WHICH ARE NOT FINISHED AND FULLY ENCAPSULATED, ARE SOLD "AS IS" AND "WHERE IS" WITHOUT WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTANY KIND, WHETHER EXPRESS OR IMPLIED. Notwithstanding the foregoing, the parties agree that until such times as the PCI block is corrected to meet specification as defined in Section 6 of the Settlement Agreement, Product shall continue to be purchased by BUYER from Cirrus under waiver to specification.

Warranty. Seller SELLER warrants that the Products sold Goods manufactured by Seller to Purchaser conform to Seller’s specifications and are it and/or services provided by it will be free from defects defect in workmanship, material and workmanship. Unless otherwise specified by Seller in writingmanufacture; provided, however, that this warranty extends for shall terminate on the date one (1) year from the date of original purchaseshipment. All warranties apply only In the event any service supplied or product sold hereunder manufactured by the SELLER is defective due to workmanship or material, the original Purchaser unless otherwise agreed by Seller SELLER agrees for a period of one (1) year from the date of shipment, at its option, to correct such non-conformity or replace such defective part or product. The agreement, however, is upon condition that the BUYER promptly notifies the SELLER in writingwriting of any claim in this respect, setting forth in detail any such claimed defect and that the SELLER be afforded a reasonable opportunity to examine the product and to investigate the claimed defect. Seller's sole obligation and Purchaser’s exclusive remedy This warranty does not obligate the SELLER to bear any transportation charges in connection with the replacement or repair of defective products. Notwithstanding the foregoing, the SELLER shall be, in no event, liable for any justified claim under this warranty shall be limited to one damages, whether based in contract or negligence, beyond the lower of the following, at Seller’s sole discretion: (a) repair cost of correcting the non-conformity as herein provided or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the ProductBUYER for such defective product and shall not be liable for any incidental or consequential damage whatsoever. This express SELLER's warranty does not apply toto any product which has been subjected to misuse, mishandling, misapplication, abuse neglect (including but not limited to improper maintenance), accident, improper installation or storage, modification (including but not limited to use of unauthorized parts or attachments), or adjustment or repair performed by anyone other than SELLER or one of SELLER's authorized agents. This warranty does not cover reimbursement for labor, gaining access, removal, installation, temporary power, or any other expenses, which may be incurred in connection with repair or replacement. Goods which may be sold by SELLER but which are not manufactured by SELLER are not warranted by SELLER, but are sold only with the warranties, if any, of the manufacturers thereof. SELLER does not warrant any products or services of others that BUYER has designated. The liability of the SELLER shall not exceed any adjustments with respect to which such manufacturer accepts responsibility. No affirmation, modification, or addition to this agreement with respect to warranty of the SELLER, either before or after contract of sale, shall be made except in writing by an authorized representative of the SELLER. For the avoidance of doubt, the warranties and no warranty remedy will be given for, Product issues resulting from: remedies set forth herein are conditioned upon (a) accidentproper storage, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper use and maintenance, unauthorized repairs or modifications, abuse, normal wear or tear and conformance with any applicable recommendations of replaceable parts such as spouts SELLER and hoses, or other causes not directly arising from defects in materials or workmanship; (b) BUYER promptly notifying SELLER of any Product damaged by defects and, if required, promptly making the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTproduct available for correction.

Warranty. Except with respect to Software and unreleased parts, which includes prototypes, pre-release and sample parts, Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year a period of twelve (12) months from the date of original purchaseshipment (the “Warranty Period”) that the Products will operate in conformity with written performance specifications set forth on Seller’s most recently published product data sheet for the production version Product (the “Specifications”); provided, however, that this warranty shall not apply to any Product (i) which has been damaged, abused or misused physically or electrically (including, without limitation, by being operated outside the range of any environmental, power or operating parameters indicated on Seller’s data sheet), (ii) on which the trademark shall have been defaced or obliterated or (iii) which has been reworked or repaired by any party other than the Seller without Seller’s prior written authorization. All warranties apply only to the original Purchaser unless otherwise agreed by Seller Buyer shall request, in writing, a return material authorization (“RMA”) within the warranty period prior to returning any nonconforming Products. Seller's sole obligation and Purchaser’s exclusive remedy for any justified Any claim under this warranty shall must be limited submitted to one and received by Seller within the Warranty Period. Seller’s issuance of an RMA will not commit Seller to the making of any repair or replacement hereunder. Requests for RMAs must list the types and quantities of all Products involved, the reason(s) the specific Product units are alleged to be defective or otherwise non-conforming, and provide any other information reasonably required by Seller concerning operating conditions involved and the period of use. In addition, the Order number and, where possible, the original invoice number covering the original purchase of the followingProducts involved must also be identified on the RMA request. Returned Products must be shipped, transportation prepaid, by the most practical method of shipment. Shipping costs will be credited to the Buyer for all Products found to be subject to warranty adjustment. Excessive transportation costs will not be allowed. Seller can accept no billing for packing, inspection, labor charges or other incidental costs in connection with any Products returned. Unless otherwise requested by ▇▇▇▇▇, returned Products found not subject to this warranty will be sent back to Buyer, transportation collect. In all cases, ▇▇▇▇▇▇’s determination will be final. With respect to Products found not in conformity with this warranty, the remedy will take the form, at Seller’s sole discretion: (a) option, of a replacement or repair or replacement of the Product defective or (b) a credit for nonconforming Product. In the price paid by event Seller determines that it is uneconomical to replace or repair warranted Products, Seller may, at its sole option, remit the dollar equivalent based upon the original Purchaser Product sales price and said remittance will be calculated by applying the pro rata percentage of the Productunexpired warranty to the original Product sales price. This express In the event of replacement pursuant to the foregoing warranty, such warranty does not shall apply toto the replaced product. In the event of repair pursuant to the foregoing warranty, and no the validity of the foregoing warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.twelve

Warranty. Seller (a) Licensor warrants that that, for a period of sixty (60) days after delivery of the Products sold by Seller Licensed Product to Purchaser conform to Seller’s specifications Licensee: (1) Under normal Use and are service, the media on which the Licensed Software is delivered (if so delivered otherwise than electronically) shall be free from defects in material and workmanship, and (2) The Licensed Product will meet Licensor's then current published specifications for the Software. (b) If the Licensed Product fails to meet the media warranty of Paragraph 8(a)(1) and Licensee gives Licensor written notice thereof during the applicable warranty period, Licensor shall replace such media. Unless otherwise specified by Seller in writingIf the Licensed Product fails to meet the warranty of Paragraph 8(a)(2) and Licensee gives Licensor written notice thereof during the applicable warranty period, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. SellerLicensor's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of provide technical services to attempt to correct the followingfailure, at Seller’s sole discretion: (a) repair provided that Licensee gives Licensor detailed information regarding the failure and Licensor is able to duplicate or replacement of view the same. Licensee acknowledges that the Licensed Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does is complex, may not apply tobe error free, and no warranty remedy will that all errors, if any, may not be given forcorrectable or avoidable. (c) EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED IN PARAGRAPH 8 AND IN LIEU OF ALL OTHER WARRANTIES, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES THERE ARE NO WARRANTY WHATSOEVERWARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDSYSTEM INTEGRATION, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS RELATING TO THE ONE YEAR WARRANTY PERIOD AND LICENSED PRODUCT. Some jurisdictions do not permit the exclusion of implied warranties or limitations on applicable statutory rights of the consumer, and, as such, some portion of the above limitation may not apply to Licensee. In such jurisdictions, Licensor's liability is limited to the greatest extent permitted by law. (d) Licensee shall be solely responsible for the selection, Use, efficiency, and suitability of the Licensed Product and neither Licensor nor any of Licensor’s affiliates shall have any liability therefor. (e) The warranty provision of this Paragraph 8 do not apply if the Software has been subject to modification by other than Licensor or on Licensor's instruction or by an affiliate of Licensor, has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Licensor, is subject to accident or abuse, or is used in ultra hazardous activities. (f) Licensor warrants that the Software is date compliant. The duration of this warranty and remedies available to the Licensee for breach of this warranty shall be limited to repair or replacement of the Software where such non-compliance is discovered and made known to Licensor in writing within ninety (90) days after acceptance. Nothing in this warranty shall be construed to limit any rights or remedies Licensee may otherwise have under this Agreement with respect to other defects. (g) DESPITE ANY OTHER PROVISION HEREOF TO THE REPLACEMENT VALUE CONTRARY, LICENSOR'S AND ITS AFFILIATES’ LIABILITY OF ANY KIND SHALL NEVER EXCEED THE AMOUNT SET OUT IN PARAGRAPH 11. (h) Despite any other provision hereof to the contrary “UNACTIVATED SOFTWARE”, AS HEREIN DEFINED, IS SUBJECT TO NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE OR SYSTEM INTEGRATION, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS RELATING TO THE LICENSED PRODUCT.

Warranty. Seller Thermon warrants that the Products sold by Seller to Purchaser conform to Seller’s Work will comply with the specifications of the applicable Order and are will be free from defects in material materials and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year workmanship until the earlier of: (i) 12 months from the date of original purchaseinstallation, or (ii) 18 months from the date of delivery (the “Warranty Period”). All In the event the Work is defective and Thermon is notified of such defect in writing by the Customer within the Warranty Period, then at Thermon’s sole discretion and without further liability therefore, Thermon shall either: (i) repair or replace such defective Work with Work that complies with the applicable specifications, or (ii) refund to Customer any amount paid to Thermon for such defective Work. The Customer may purchase different or extended additional warranties from Thermon. The warranties provided herein shall not apply only in the event of defects which are due to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, inspection, testing, operation or maintenance that is improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts non-compliant with Thermon’s guidelines and hoses, or other causes not directly arising from defects in materials or workmanshipinstructions; (b) attachments, modifications, repairs, removals or replacements performed without Thermon’s prior written approval; (c) any Product damaged by the failure use for purposes other than that for which they were designed; (d) unusual mechanical, physical or electrical stress, or normal wear and tear; or (e) latent or hidden defects arising or discovered after expiration of the owner to useagreed Warranty Period. Thermon further warrants that the Work will be free from liens or other encumbrances. TO THE FULLEST EXTENT PERMITTED BY LAW, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERFOREGOING WARRANTIES ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR BY LAW, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING, INCLUDING ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT PURPOSE, AND ALL SUCH OTHER WARRANTIES EXIST AT LAW THAT MAY NOT BE ARE HEREBY DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.