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for each item identified therein. The Purchaser's failure to notify Seller in <br /> writing of any issue with or rejection of any item identified on such a punch list <br /> and resolved or provided pursuant thereto within 10 days following such <br /> resolution or provision thereof shall constitute acceptance of the item as <br /> provided and shall constitute a waiver by Purchaser of all claims with respect to <br /> such items thereafter. Notwithstanding anything to the contrary contained <br /> herein Purchaser may require actual express acceptance of certain items if <br /> deemed advisable in its sole discretion to effect an acceptance thereof and <br /> neither party shall be required to enter into an extension of this Agreement or <br /> the provision of any Goods, services, or other performance provided for herein <br /> by such a punch list, and may further restrict the terms of such an extension at <br /> the time such punch list is created and signed which shall act as a written <br /> modification to this Agreement provided it conforms with the modification <br /> provision of this Agreement if any. <br /> Excuse for Delay or Failure to Perform <br /> 19. The Seller will not be liable in any way for any delay, non-delivery or default in <br /> shipment due to labor disputes, transportation shortage, delays in receipt of <br /> materials, fires, and accidents. If the Seller,will be prevented because of the <br /> foregoing matter from delivering the Goods at the time specified or within 90 <br /> days after the date of this Agreement, then either the Seller or the Purchaser will <br /> have the right to terminate this Agreement by notice in writing which, in the <br /> case of the Seller,will be accompanied by full refund of all sums paid by the <br /> Purchaser under this Agreement, or in the case of the Purchaser shall require a <br /> full refund by Seller of all sums paid by Purchaser under this Agreement, and <br /> the obligation upon Purchaser to work with Seller in good faith to allow access <br /> to Seller for any uninstallation,packaging, and/or shipping which may be <br /> required to effect a return of any Goods for which any consideration was paid <br /> hereunder, the additional costs of which if any shall be Seller's sole <br /> responsibility. <br /> Remedies <br /> 20. The Purchaser's exclusive remedy and the Seller's limit of liability for any and <br /> all losses or damages resulting from defective goods or from any other cause <br /> will be for the purchase price of the particular delivery with respect to which <br /> losses or damages are claimed,plus any transportation charges actually paid by <br /> the Purchaser. Notwithstanding anything herein to the contrary,in no event <br /> shall either Party's liability to the other party arising out of this Contract in any <br /> way exceed the total cost of the Goods as set forth herein. <br /> Cancellation <br /> 21. The unilateral right to cancel this Agreement is reserved in favor of: <br /> 1. The Seller: <br /> Sales Agreement Page 5 of 10 <br />