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DocuSign Envelope ID:6D322D88-DCFC-46BD-8COF-A275BEE43231 <br /> XenTegra <br /> WARRANTY & LIMITATIONS <br /> EXCEPT AS PROVIDED HEREIN,XENTEGRA MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED.XENTEGRA <br /> EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY <br /> PARTICULAR USE OR PURPOSE AND EXPRESSLY DISCLAIMS ANY WARRANTY AS TO PERFORMANCE OF ANY <br /> SERVICES OR ANY GOODS SOLD.XENTEGRA SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL,SPECIAL OR <br /> INDIRECT DAMAGES OR FOR LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM THE SERVICES PROVIDED <br /> OR GOODS SOLD BY XENTEGRA. IN ANY CASE AND WITHOUT LIMITING THE FOREGOING,THE ENTIRE LIABILITY OF <br /> XENTEGRA FOR ALL DAMAGES OF EVERY KIND AND TYPE(WHETHER SUCH DAMAGES ARISE IN CONTRACT,TORT <br /> (INCLUDING NEGLIGENCE)OR OTHERWISE)SHALL BE LIMITED TO THE FEES PAID BY THE CLIENT TO XENTEGRA IN <br /> THE 12 CALENDAR MONTHS IMMEDIATELY PRIOR TO THE DAMAGES ARISING. <br /> MISCELLANEOUS <br /> The Client warrant that the information provided to XenTegra is accurate and complete.XenTegra may <br /> discontinue,suspend or modify its services, any feature included in its services,or the availability of its services at <br /> any time and without notice to the Client. Except as expressly set forth herein,this Statement of Work does not <br /> grant the Client any intellectual property rights in XenTegra's services or property or XenTegra's trademarks and <br /> brand features or in the material and images contained on XenTegra's websites. This writing constitutes the full, <br /> complete and final statement of XenTegra's obligations.All prior oral and written correspondence regarding the <br /> services or goods offered by XenTegra are merged in this writing and extinguished by it.XenTegra's failure at any <br /> time to enforce any of the terms and conditions stated herein shall not constitute a waiver of any of the provisions <br /> herein.XenTegra's headquarters is in North Carolina,and consequently,this Statement of Work shall be governed <br /> by and construed in accordance with the laws of the State of North Carolina.The Client shall not assign this <br /> Statement of Work. Further, if any portion of this Statement of Work shall be invalid it shall not have the effect of <br /> invalidating any other portion of this Statement of Work.ANY CONTROVERSY OR CLAIM ARISING OUT OF OR <br /> RELATING TO THIS STATEMENT OF WORK,OR A BREACH HEREOF,SHALL BE SETTLED BY ARBITRATION ACCORDING <br /> TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION TO BE HEARD BY ONE <br /> ARBITRATOR IN MECKLENBURG COUNTY, NORTH CAROLINA.Judgment upon the arbitrator's award may be <br /> entered in any court having jurisdiction thereof. <br /> XenTegra <br /> Page 11 of 12 <br />