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7.1.D. - Page 22 <br /> (i) Buyer shall maintain a log book (the "Log Book") with respect to the functionality and <br /> performance of the Equipment in such form as reasonably requested by Seller. The Log Book may include <br /> data collection pursuant to Seller's Standard Operating Procedures. Buyer shall provide copies of the Log <br /> Book to Seller on no less than a monthly basis for a period of at least twenty-four(24)months after delivery <br /> of the Equipment. Seller retains the right to add any reasonable additional data requirements to the Log <br /> Book.Except for inadvertent failures, any other material failure to keep said Log Book and provide copies <br /> thereof to Seller will result in the voiding of Seller's warranty in its entirety. <br /> (ii) Buyer will allow Seller and any third parties who are interested in purchasing equipment from <br /> Seller, on reasonable advance notice to Buyer, to view the Equipment in use during routine flushings. All <br /> visits will be coordinated with Buyer and will not interfere with Buyer's normal flushing operations. Buyer <br /> agrees to not unreasonably withhold such access; and <br /> (iii) Buyer will permit Seller to utilize Buyer's name, general information and data from the Log <br /> Book in Seller's marketing and promotional materials with respect to future sales of equipment including, <br /> without limitation, use in brochures, websites, trade advertisements and video presentations in such form <br /> and content as the parties shall mutually agree upon, such consent not to be unreasonably withheld. <br /> 14. LIMITATION OF LIABILITY.IN NO EVENT SHALL EITHER PARTY OR ANY <br /> PARENT OR AFFILIATED COMPANY OF SUCH PARTY BE LIABLE TO THE OTHER <br /> PARTY, FOR SPECIAL, PUNITIVE, INDIRECT, EXEMPLARY, INCIDENTAL OR <br /> CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, DOWN <br /> TIME,LOST-PRODUCTION,LOSS OF USE OF EQUIPMENT OR ANY ASSOCIATED PARTS, <br /> AND/OR DEFECTS IN BUYER'S OUTPUT, MATERIALS, WORK PRODUCT OR <br /> WORKMANSHIP, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE <br /> EQUIPMENT OR OTHERWISE RELATING TO THIS AGREEMENT, ANY SERVICE <br /> PROVIDED OR THE RELATIONSHIP OF THE PARTIES, WHETHER ARISING OUT OF <br /> WARRANTY, CONTRACT, EQUITY, STRICT LIABILITY OR TORT, INCLUDING <br /> NEGLIGENCE, OR OTHERWISE, REGARDLESS OF ANY CLAIM THAT A REMEDY HAS <br /> FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT MAY EITHER PARTY ASSERT THAT <br /> THE REMEDIES PROVIDED HEREIN ARE INADEQUATE OR HAVE FAILED OF THEIR <br /> ESSENTIAL PURPOSE. IN NO EVENT SHALL THE TOTAL LIABILITY OF SELLER OR ANY <br /> PARENT OR AFFILIATED COMPANY OF SELLER TO BUYER EXCEED THE PRICE PAID <br /> FOR THE PARTICULAR EQUIPMENT OR SERVICE(S) AT ISSUE, PROVIDED THAT THE <br /> FOREGOING LIMITATION SHALL NOT APPLY TO CLAIMS AGAINST SELLER FOR <br /> INDEMNIFICATION BY BUYER OR ITS INSURANCE CARRIER RESULTING FROM <br /> PAYMENTS MADE TO THIRD PARTIES WHO SUFFER LOSS TO PERSON OR PROPERTY <br /> RESULTING FROM ANY DEFECT IN THE EQUIPMENT. <br /> 15. ASSIGNMENT. Neither this Purchase Agreement nor any of the rights or obligations <br /> created herein are assignable by Buyer without the prior written consent of the Seller. Any purported <br /> assignment in violation of this Section shall be void. <br /> 16. NOTICES. All notices under the Purchase Agreement shall be in writing and sent by <br /> prepaid airmail post, certified return receipt request or registered,by a reputable overnight courier(with a <br /> confirmation copy concurrently dispatched by prepaid airmail post or courier service),to the addresses of <br /> the respective parties as set forth above or to such other address as the party may hereafter specify by written <br /> notice so given. Notices shall be effective 48 hours after being so mailed. <br /> Buyer's Initials <br /> REV:07-22-14 MLG <br /> Page 8 of 11 <br />