EXCEPT AS OTHERWISE PROVIDED HEREIN, LICENSEE HEREBY EXPRESSLY ASSUMES THE ENTIRE RISK OF USING THE SYSTEM.

Allocation of Risk. The provisions of this [Section 8] allocate risks under this OEM Agreement between ​ and Kx. Kx’s pricing reflects this allocation of risks and limitation of liability.

Risk of Loss. The risk of loss from any casualty to the Products, regardless of the cause, shall be on Seller until the time of receipt of the Products by Purchaser at Purchaser’s delivery destination and until Purchaser has completed any proper receipt inspection.

The terms of this Builder Deposit Agreement do not modify or in any way amend the Related Documents for the loan, and nothing contained in this Builder Deposit Agreement shall be interpreted to waive or amend the obligations of the parties under the Related Documents for the loan.

“Builder Basket” has the meaning assigned to such term in [clause (a)](ii) of the definition of “Available Amount.”

#Real Property Holding Corporation. The Company is not and has never been a

#real property holding corporation within the meaning of Section 897 of the Internal Revenue Code of 1986, as amended, and the Company shall so certify upon Purchaser’s request.

#Person. Any Person that is a “United States Person” as defined in Section 7701(a)(30) of the Code.

#Securities and Exchange Commission Awards, or # making other disclosures under the whistleblower provisions of federal law or regulation. In addition, nothing in this Agreement or any other agreement or Company policy prohibits or restricts you from initiating communications with, or responding to any inquiry from, any administrative, governmental, regulatory or supervisory authority regarding any good faith concerns about possible violations of law or regulation. You do not need the prior authorization of the Company to make any such reports or disclosures and you will not be required to notify the Company that such reports or disclosures have been made.

#jurisdiction); # with respect to any limited liability company, the certificate or articles of formation or organization and operating agreement; and # with respect to any partnership, joint venture, trust or other form of business entity, the partnership, joint venture or other applicable agreement of formation or organization and any agreement, instrument, filing or notice with respect thereto filed in connection with its formation or organization with the applicable Governmental Authority in the jurisdiction of its formation or organization and, if applicable, any certificate or articles of formation or organization of such entity.