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<br />
<br /> www.callmc.com
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<br />Mobile Communications America, Inc.
<br />Confidential and Proprietary
<br />Not to be copied or distributed without the express written consent of Mobile Communications America, Inc.
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<br />under this Agreement.
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<br />7. Warranty
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<br />MCA’s SOLE OBLIGATION HEREUNDER SHALL BE TO PROVIDE THOSE SERVICES SET
<br />FORTH IN SECTION 2 OF THIS AGREEMENT IN A WORKMANLIKE MANNER. OTHERWISE,
<br />ALL MAINTENANCE SERVICES ARE PROVIDED “AS IS.” MCA MAKES NO, AND
<br />SPECIFICALLY DISCLAIMS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
<br />NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
<br />PARTICULAR PURPOSE.
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<br />8. Limitation of Liability
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<br />MCA shall not be responsible to the Customer for loss of use of the Equipment or for:
<br />8.1.1 Any other liabilities arising from its performance of this Agreement, other than its material
<br />breach or default in performance, material breach of warranty or representation, gross negligence
<br />or willful misconduct.
<br />8.1.2 Failure to operate due to, but not limited to, voltage conditions, blown fuses, open circuit
<br />breakers, or other damage due to the inadequacy or interruption of electrical service.
<br />8.1.3 Loss, damage, repairs or maintenance required as a result of water, hail, theft, earthquake, riot,
<br />winds, fire, lightning, accidents, corrosive atmosphere or other conditions beyond the control of
<br />MCA.
<br />8.1.4 Service made mandatory by change in federal, state, or local regulations.
<br />8.1.5 Additional or usual utility bills incurred due to any malfunction or defect in the Equipment
<br />covered by this agreement.
<br />8.1.6 UNDER NO CIRCUMSTANCES SHALL EITHER PARTY HAVE ANY LIABILITY TO THE
<br />OTHER PARTY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT
<br />(INCLUDING ALL OF THE STATEMENTS OF WORK ENTERED INTO HEREUNDER) OR
<br />OTHERWISE FOR LOSS OF PROFITS, OR CONSEQUENTIAL, SPECIAL, INDIRECT,
<br />EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN
<br />ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, AND WHETHER SUCH
<br />LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS
<br />LIABILITY OR OTHERWISE.
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<br />9. Indemnification
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<br />In addition to other indemnity obligations under this Agreement and to the fullest extent permitted under
<br />applicable law, MCA shall defend, indemnify and hold Customer, its successors, and assigns (collectively
<br />“Indemnitees”) harmless from and against any and all claims, suits, actions, liabilities, losses, costs,
<br />reasonable attorneys’ fees, expenses, judgments or damages, incurred by Indemnitees as a result of third
<br />party claims or actions to the extent arising from or in connection with: (i) any negligent acts or omissions
<br />or willful misconduct of MCA in connection with the provision of the Services which causes death, injury
<br />or damage to property; (ii) any breach of any of MCA’s warranties under this Agreement which causes
<br />death, injury or damage to property; (iii) any claim of any lien, security interest or other encumbrance
<br />made by a third party as to the Service; and (iv) any violation by MCA of federal or state law, regulation,
<br />statute or ordinance. Notwithstanding the foregoing, in no event shall MCA be required to indemnify
<br />Indemnitees to the extent such claims arise from the negligence of Indemnitees.
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<br />Docusign Envelope ID: E2A04EAA-C6A8-4D8C-A3D2-7BFA20FBDAF0
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