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Prices for products covered by this Agreement may be adjusted by
<br />Company, upon notice to Customer at any time prior to shipment
<br />and regardless of Customer’s acceptance of the Company’s
<br />proposal or quotation, to refiect any increase in Company’s cost of
<br />raw materials (e.g., steel, aluminum) inability to secure Products,
<br />changes or increases in law, labor, taxes, duties, tariffs or quotas,
<br />acts of government, any similar charges, or to cover any extra,
<br />unforeseen and unusual cost elements.
<br />4. Code Compliance. Company does not undertake an obligation
<br />to inspect for compliance with laws or regulations unless
<br />speciflcally stated in this Agreement. Customer acknowledges that
<br />the Authority Having Jurisdiction (e.g., Fire Marshal) may establish
<br />additional requirements for compliance with local codes. Any
<br />additional services or equipment required will be provided at an
<br />additional cost to Customer.
<br />5. Limitation of Liability; Limitations of Remedy. Customer
<br />understands that Company offers several levels of protection
<br />services and that the level described has been chosen by Customer
<br />after considering and balancing various levels of protection
<br />afforded and their related costs. It is understood and agreed by
<br />Customer that Company is not an insurer and that insurance
<br />coverage shall be obtained by Customer and that amounts
<br />payable to Company hereunder are based upon the value of
<br />the services and the scope of liability set forth in this
<br />Agreement and are unrelated to the value of Customer’s
<br />property and the property of others located on the premises.
<br />Customer agrees to look exclusively to Customer’s insurer to
<br />recover for injuries or damage in the event of any loss or
<br />injury. Customer releases and waives all right of recovery
<br />against Company arising by way of subrogation. Company
<br />makes no guaranty or warranty, including any implied
<br />warranty of merchantability or fltness for a particular
<br />purpose that equipment or services supplied by Company
<br />will detect or avert occurrences or the consequences
<br />therefrom that the equipment or service was designed to
<br />detect or avert. It is impractical and extremely diiffcult to flx
<br />the actual damages, if any, which may proximately result
<br />from failure on the part of Company to perform any of its
<br />obligations under this Agreement. Accordingly, Customer
<br />agrees that Company shall be exempt from liability for any
<br />loss, damage or injury arising directly or indirectly from
<br />occurrences, or the consequences therefrom, which the
<br />equipment or service was designed to detect or avert.
<br />Should Company be found liable for any loss, damage or
<br />injury arising from a failure of the equipment or service in
<br />any respect, Company’s liability for Services performed on-
<br />site at Customer’s premises shall be limited to an aggregate
<br />amount equal to the Agreement price (as increased by the
<br />price for any additional work) or, where the time and
<br />material payment term is selected, Customer’s time and
<br />material payments to Company. Where this Agreement
<br />covers multiple sites, liability shall be limited to the amount
<br />of the payments allocable to the site where the incident
<br />occurred. Company’s liability with respect to Monitoring
<br />Services is set forth in Section 17 of this Agreement. Such
<br />sum shall be complete and exclusive. IN NO EVENT SHALL
<br />COMPANY BE LIABLE, FOR ANY DAMAGE, LOSS, INJURY, OR
<br />ANY OTHER CLAIM ARISING FROM ANY SERVICING,
<br />ALTERATIONS, MODIFICATIONS, CHANGES, OR MOVEMENTS
<br />OF THE COVERED SYSTEM(S), AS HEREINAFTER DEFINED, OR
<br />ANY OF ITS COMPONENT PARTS BY CUSTOMER OR ANY THIRD
<br />PARTY. To the maximum extent permitted by law, in no event
<br />shall Company and its aiffliates and their respective
<br />personnel, suppliers and vendors be liable to Customer or
<br />any third party under any cause of action or theory of
<br />liability, even if advised of the possibility of such damages,
<br />for any (a) special, incidental, consequential, punitive or
<br />indirect damages of any kind; (b) loss of proflts, revenues,
<br />data, customer opportunities, business, anticipated savings
<br />or goodwill; (c) business interruption; or (d) data loss or
<br />other losses arising from viruses, ransomware, cyber-attacks
<br />or failures or interruptions to network systems. The
<br />limitations of liability set forth in this Agreement shall inure
<br />to the beneflt of all parents, subsidiaries and aiffliates of
<br />Company, whether direct or indirect, Company’s employees,
<br />agents, oiffcers and directors.
<br />6. Reciprocal Waiver of Claims (SAFETY Act). Certain of
<br />Company's systems and services have received Certiflcation and/or
<br />Designation as Qualifled Anti-Terrorism Technologies (“QATT”)
<br />under the Support Anti-terrorism by Fostering Effective
<br />Technologies Act of 2002, 6 U.S.C. §§ 441-444 (the “SAFETY Act”). As
<br />required under 6 C.F.R. 25.5 (e), to the maximum extent permitted
<br />by law, Company and Customer hereby agree to waive their right
<br />to make any claims against the other for any losses, including
<br />business interruption losses, sustained by either party or their
<br />respective employees, resulting from an activity resulting from an
<br />“Act of Terrorism” as deflned in 6 C.F.R. 25.2, when QATT have been
<br />SERVICE SOLUTION
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