DISCLAIMER OF WARRANTY - EXCEPT AS OTHERWISE AGREED TO BY CNCTS IN WRITING, ALL DELIVERABLE(S) ARE PROVIDED ON AN “AS IS” BASIS ONLY, NOT SUBJECT TO ANY WARRANTY OR CONDITION WHATSOEVER INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CNCTS MAKES NO WARRANY FOR THE SELECTION OR COMPATABILITY OF ANY HARDWARE OR SOFTWARE. EXCEPT AS EXPRESSLY AGREED TO BY CNCTS IN WRITING. THE MAXIMUM LIABILITY OF CNCTS WITH RESPECT TO ANY ASSERTION THAT ANY DELIVERABLE(S) ARE DEFECTIVE OR NON-CONFORMING, SHALL BE, AT CNCTS'S SOLE ELECTION, (1) REPAIR OR REPLACEMENT OF ANY PARTICULAR DELIVERABLE OR PROVISION OF SUPPORT SERVICES WITHIN SEVEN (7) DAYS FOLLOWING CNCTS INITIAL PROVISION OF THE DELIVERABLES TO CUSTOMER. CNCTS SHALL NOT BE RESPONSIBLE FOR ANY DELIVERABLE(S) WHICH HAVE BEEN SUBJECT TO ABUSE, MISUSE, IMPROPER INSTALLATION OR MAINTENANCE OR DELVERABLE(S) WHICH HAVE BEEN TAMPERED WITH, ALTERED, MODIFIED, REPAIRED OR SERVICED BY ANY PARTY OTHER THAN CNCTS. IN NO EVENT MAY CUSTOMER ASSERT THAT THE REMEDIES PROVIDED HEREIN ARE INADEQUATE OR HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CUSTOMER DISCLAIMS ANY RELIANCE UPON ANY WRITTEN OR VERBAL STATEMENT EXCEPT AS EXPRESSLY SET FORTH IN THIS CONTRACT
LIMITATION OF LIABILITY – IN NO EVENT SHALL CNCTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOSS OF REVENUE OR PROFITS, “DOWN TIME” OR BUSINESS INTERRUPTION, INCREASED COST OF OPERATION, DAMAGE TO EQUIPMENT OR PROPERTY, COST OF CAPITAL, COST TO SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, CLAIMS OF CUSTOMER’S CUSTOMERS, OR DAMAGES OR PENALTIES RESULTING FROM CUSTOMER’S CONTRACTS WITH ITS CUSTOMERS, WHETHER ARISING OUT OF WARRANTY, CONTRACT, INDEMNITY, EQUITY, STRICT LIABILITY OR TORT, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR FAULT OF CNCTS, AND REGARDLESS OF ANY OTHER LEGAL THEORY UPON WHICH THE CLAIM IS BASED AND REGARDLESS OF WHETHER CNCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT MAY CUSTOMER SEEK OR RECOVER PUNITIVE OR EXEMPLARY DAMAGES, NOR SHALL CNCTS BE LIABLE FOR SUCH DAMAGES. NO CLAIM ARISING OUT OF ANY CLAIMED BREACH OR RELATING TO THE DELIVERABLE(S) MAY BE BROUGHT BY CUSTOMER IMORE THAN ONE (1) YEAR AFTER THE DATE ON WHICH THE EVENTS GIVING RISE TO SUCH CLAIM OCCURS.
INDEMNITY - CUSTOMER SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND CNCTS AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, INJURIES, AND COSTS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS, (COLLECTIVELY, “DAMAGES”), TO THE EXTENT ARISING FROM OR RELATED TO (1) THE ACTS OR OMMISSIONS OF CUSTOMER OR ITS EMPLOYEES OR AGENTS, INCLUDING ANY ALLEGED OR ACTUAL NEGLIGENT, RECKLESS OR INTENTIONAL ACTS OR OMISSIONS OR NONCOMPLIANCE WITH ANY OF THE TERMS OF THIS CONTRACT, INCLUDING ANY ALLEGED OR ACTUAL INJURIES TO PERSON OR PROPERTY, AND (2) ALL CLAIMS FOR DAMAGES EXCLUDED IN THE ABOVE LIMITATION OF LIABILITY, INCLUDING CLAIMS OF CUSTOMER’S CUSTOMERS, REGARDLESS, AS TO (1) OR (2), OF WHETHER CNCTS WAS CONTRIBUTORILY NEGLIGENT OR HAD KNOWLEDGE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
LIMITATION OF LIABILITY – IN NO EVENT SHALL CNCTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOSS OF REVENUE OR PROFITS, “DOWN TIME” OR BUSINESS INTERRUPTION, INCREASED COST OF OPERATION, DAMAGE TO EQUIPMENT OR PROPERTY, COST OF CAPITAL, COST TO SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, CLAIMS OF CUSTOMER’S CUSTOMERS, OR DAMAGES OR PENALTIES RESULTING FROM CUSTOMER’S CONTRACTS WITH ITS CUSTOMERS, WHETHER ARISING OUT OF WARRANTY, CONTRACT, INDEMNITY, EQUITY, STRICT LIABILITY OR TORT, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR FAULT OF CNCTS, AND REGARDLESS OF ANY OTHER LEGAL THEORY UPON WHICH THE CLAIM IS BASED AND REGARDLESS OF WHETHER CNCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT MAY CUSTOMER SEEK OR RECOVER PUNITIVE OR EXEMPLARY DAMAGES, NOR SHALL CNCTS BE LIABLE FOR SUCH DAMAGES. NO CLAIM ARISING OUT OF ANY CLAIMED BREACH OR RELATING TO THE DELIVERABLE(S) MAY BE BROUGHT BY CUSTOMER IMORE THAN ONE (1) YEAR AFTER THE DATE ON WHICH THE EVENTS GIVING RISE TO SUCH CLAIM OCCURS.
INDEMNITY - CUSTOMER SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND CNCTS AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, INJURIES, AND COSTS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS, (COLLECTIVELY, “DAMAGES”), TO THE EXTENT ARISING FROM OR RELATED TO (1) THE ACTS OR OMMISSIONS OF CUSTOMER OR ITS EMPLOYEES OR AGENTS, INCLUDING ANY ALLEGED OR ACTUAL NEGLIGENT, RECKLESS OR INTENTIONAL ACTS OR OMISSIONS OR NONCOMPLIANCE WITH ANY OF THE TERMS OF THIS CONTRACT, INCLUDING ANY ALLEGED OR ACTUAL INJURIES TO PERSON OR PROPERTY, AND (2) ALL CLAIMS FOR DAMAGES EXCLUDED IN THE ABOVE LIMITATION OF LIABILITY, INCLUDING CLAIMS OF CUSTOMER’S CUSTOMERS, REGARDLESS, AS TO (1) OR (2), OF WHETHER CNCTS WAS CONTRIBUTORILY NEGLIGENT OR HAD KNOWLEDGE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
