FAAC, INC. 1 - 2003 - Laserfiche WebLink

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Basic Service Extended Warranty Agreement 19. 20. 21. may begin on the Simulator only al~er the FAAC service representative has determined that the Simulator is functional and operating at the current level of hardware upgrades. ASSIGNMENT Neither FAAC nor the customer shall assign or transfer all or part of their rights or obligations under this agreement without the prior written consent of the other party. DISCLAIMER OF WARRANTIES This service agreement supplements the standard warranty included with purchase of the system, and is in lieu of all other warranties, express or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose. LIMITATIONS OF REMEDIES The sole remedies for FAAC's liability of any kind with respect to service provided hereunder and any other performance or action by FAAC under or pursuant to this agreement shall be limited as follows: 22. 23. a. In no event shall FAAC's liability to the customer for damages of any nature exceed the total charges paid or payable for services during one (1) year under this agreement. b. The customer agrees that FA. AC shall not be liable for any special, incidental, indirect or consequential damages or for the loss of profit, revenue, loss of use, or data, even if FAAC shall have been advised of the possibility of such potential loss or damage. No action arising out of the performance of this agreement may be brought by either party more than one (1) year after the cause of action arises, except that an action for non-payment may be brought within two (2) years of the date of the last payment made hereunder. CONTRAVENING LAW Should any term or provision contained in this contract contravene or be invalid under applicable law, this contract shall not fall by reason thereof but shall be construed in the same manner as if such provision were deleted. GOVERNING LAW The Agreement has been executed and delivered in the State of California and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, or in connection with or by reason of this Agreement. 24. WORKERS COMPENSATION INSURANCE Fa, AC warrants that it maintains the required Workers Compensation Insurance required by law. Revised 09/09/03 8