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<br />TERMS, CONDITIONS, INDEMNIFICATION AND LIMITATION OF COMPANY’S LIABILITY
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<br />LIMITATION OF LIABILITY: Customer acknowledges that the Company is not an insurer of or against any potential or actual loss
<br />or damage to person or property, whether direct, incidental and/or consequential, that may occur in or at the premises. Company’s
<br />total liability to customer for damages for any claims, losses or damages arising out of or in any way related to any cause
<br />whatsoever in relation to this agreement, whether based in contract, tort (including where Company is alleged to be negligent), strict
<br />liability, breach of warranty or other cause, shall not exceed $1,000. Notwithstanding the foregoing sentence, under no
<br />circumstances shall company be liable for any damages for loss of use, interruption of business, lost profits, revenue or opportunity,
<br />claims of third parties or for injury to persons or property or for any other special, exemplary, incidental, indirect, punitive,
<br />consequential or other damages of any kind or nature (including those allegedly resulting from Company’s own negligence). If the
<br />Company is found liable for any loss or damage due to its gross negligence, the Company’s liability shall not exceed $7,500.00.
<br />This agreement is not a guarantee or warranty that the system will in all cases provide the level of protection for which it was
<br />originally intended, is free of all defects and deficiencies, and is in compliance with all applicable codes. Customer agrees that it has
<br />not retained Company to make these assessments unless otherwise specifically indicated.
<br />WARRANTY DISCLAIMER: Except as provided in any specific warranty paragraphs, Company makes no warranty of any kind,
<br />express or implied, including but not limited to, any warranty of merchantability or warranty of fitness for a particular purpose.
<br />INDEMNIFICATION: Customer agrees to indemnify, hold harmless, defend, and release the Company from liability and shall
<br />reimburse the Company for any liabilities, damages, losses or expenses (including reasonable attorneys’ fees, expert fees and costs
<br />including litigation costs), injuries, claims, suits, judgments, and causes of action incurred by the Company in connection with any
<br />claims, suits, judgments and causes of action which relate to the products or services the Company provides. This indemnity
<br />includes claims brought by any third party, including, without limitation, Customer’s insurance company, whether the claim arises
<br />under contract, warranty, tort (including where Company is alleged to be negligent), or any other theory of liability. This agreement
<br />to indemnify, hold harmless, release, and defend the Company from liability includes claims where Company is alleged to
<br />be negligent, solely negligent or partially negligent, in any way.
<br />WAIVER OF SUBROGATION: In case of any claim or loss, Customer agrees that it is responsible to maintain, and has sufficient
<br />insurance coverage to cover any potential claim or loss. Customer further agrees to look to its property and/or general liability
<br />insurance carrier for reimbursement. Customer and Company mutually agree to release one another from any and all claims with
<br />respect to any loss covered by (or which should have been covered) the insurance coverages which were required and/or
<br />recommended that may be applicable to any property where Company performs services and/or provides materials for Company.
<br />For purposes of this Section, all deductibles shall be considered insured losses. They further mutually agree that their respective
<br />insurance companies shall have no right of subrogation against the other for any claim or loss, including but not limited to, of any
<br />nature arising out of or connected to Company’s actions or inactions (including its own negligence) in any way.
<br />CUSTOMER RESPONSIBILITIES: Customer has a duty to disclose any facts to the Company that have any potential to affect its
<br />past, present, and/or future work in any way. This duty continues after the work is completed. Customer’s failure to disclose any of
<br />these facts to Company within two weeks of discovery of said facts constitutes estoppel and/or waiver of Customer’s ability to bring
<br />any claims, losses or damages arising out of or in any way related to any cause whatsoever in relation to this agreement, whether
<br />based in contract, tort (including where Company is alleged to be negligent), strict liability, breach of warranty or other cause.
<br />Customer’s failure to exercise due care in any regard constitutes estoppel and/or waiver of Customer’s ability to bring any claims,
<br />losses or damages arising out of or in any way related to any cause whatsoever in relation to this agreement, whether based in
<br />contract, tort (including where Company is alleged to be negligent), strict liability, breach of warranty or other cause.
<br />CONTRACTUAL LIMITATION PERIOD: Customer expressly agrees that any claim, lawsuit, or cause of action, whether in
<br />contract, tort or other legal theory, relating in any way and/or arising out of Company’s services and/or materials provided to
<br />Customer, its subsidiaries and/or its insurers, must be filed no more than one (1) year from the date the alleged damage(s) occurs,
<br />that is the subject of the claim, lawsuit and/or cause of action. Customer expressly waives any statutory and/or common law
<br />limitation period to the contrary.
<br />LAW AND JURISDICTION: This Agreement will be governed by, construed, and enforced in accordance with the laws of the State
<br />of North Carolina.
<br />SEVERABILITY: If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be
<br />severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the Parties.
<br />INTEGRATION: This Agreement supersedes all prior agreements between the parties with respect to its subject matter and
<br />constitutes (along with the documents referred to in this Agreement) a complete and exclusive statement of the terms of the
<br />agreement between the parties with respect to its subject matter.
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<br />DocuSign Envelope ID: 8BBEE39E-8CCE-4636-AFD1-9E9886FB2236
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