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Disclaimer
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Save as herein provided all other terms and conditions of the Agreement shall remain in full force and effect.

DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST REVENUES ARISING FROM OR RELATED TO THIS AGREEMENT, EXCEPT TO THE EXTENT RESULTING FROM FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT AND/OR FOR EITHER PARTY’S BREACH OF ARTICLE 13 HEREOF.

EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SYSTEM IS PROVIDED "AS IS" WITHOUT WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW. ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, OR THAT THE SYSTEM WILL BE FIT FOR A PARTICULAR PURPOSE. LICENSOR FURTHER DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT AND TITLE.

Disclaimer of Other Representations and Warranties

Rent at the date of forfeiture or disclaimer

Field Audit, Examination Reports and other Information; Disclaimer by Lenders.

Field Audit and Examination Reports; Disclaimer by Lenders. By signing this Agreement, each Lender:

DISCLAIMER OF OTHER PRODUCT WARRANTIES. Except for the Product warranties set forth in this Section 12, Contractor makes no warranty whatsoever with respect to the goods, including any # warranty of merchantability; or # warranty of fitness for a particular purpose whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.

without prejudice to paragraph 4, the disclaimer of the Tenant’s liability under this lease or the forfeiture of this Lease; or

Disclaimer of Responsibility for Acts of the Company. The obligations of Dawson described in this Agreement consist solely of Financial Services to the Company. In no event shall Dawson be required by this Agreement to act as the agent of the Company or otherwise to represent or make decisions for the Company. The Company hereby acknowledges that Dawson is not a fiduciary of the Company. All final decisions with respect to acts of the Company or its affiliates, whether or not made pursuant to or in reliance upon information or advice furnished by Dawson hereunder, shall be those of the Company or such affiliates, and Dawson shall under no circumstances be liable for any expense incurred or loss suffered by the Company as a consequence of such decisions.

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