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AutoQuote 18.2 <br />3059 1 In the event there is a "trade-in" unit that Excellance agreed to take "in trade" as partial consideration of <br />3060 1 the purchase price hereunder, Excellance shall be under no obligation to tender the MSO/title for the new <br />3061 1 unit to the Customer until Excellance (a) receives the MSO/title for the unit to be "traded in", and (b) has <br />3062 1 possession of the unit "traded in". <br />3063 1 <br />3064 1 Customer agrees that in the event of any Action brought by Customer against Excellance, Purchaser <br />3065 1 shall not be entitled to recover any incidental or consequential damages as defined in the Uniform <br />3066 1 Commercial Code, including but not limited to indirect or special damages, loss of income or <br />3067 1 anticipated profits, or down-time, or any punitive damages. <br />3068 1 <br />3069 1 This contract contains the entire understanding between the parties, supersedes any previous agreement or <br />3070 1 understanding, and any changes to this contract must be in writing and signed by Customer and Excellance. <br />3071 1 <br />3072 1 No waiver of any term of this order shall be valid unless it is in writing and signed by an officer of <br />3073 1 Excellance. If any provision or part of any provision of this order shall be deemed to violate any applicable <br />3074 1 law or regulation, such invalid provision or part of a provision shall be inapplicable, BUT the remaining <br />3075 1 part of that provision and the remainder of this document shall continue to be binding and enforceable. <br />3076 1 <br />3077 1 Arbitration provision: The laws of the state of Alabama, as applicable to contracts to be <br />3078 1 performed entirely within that state, shall govern this agreement. Any controversy or claim <br />3079 1 arising out of or relating to this agreement, or the breach thereof, shall be settled by binding <br />3080 1 arbitration in accordance with the rules of the American Arbitration Association and any judgment <br />3081 1 on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. <br />Page 17 7/23/2019 3:02 PM <br />DocuSign Envelope ID: C3BD39C0-6CA0-4C46-9E28-269DE7D0AEEF