Agmt14 No-Des, Inc. - Laserfiche WebLink

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(i) Buyer shall maintain a log book (the "Log Book'� with respect to the fimctionality and performaace ofthe Equipment in such form as reasonably requested by Seller.The Log Book may include data collection pursuant to Seller's Standard Operating Procedures. Buyer shall provide copies of the Log Book to Seller on no less th�n a monthly basis for a period of at least twenty-four(24)months after delivery of the Equipment. Seller retains the right to add any reasonable additional data requirements to the Log Book.Except for inadvertent failures,any other material failure to keep said Log Book and provide copies ther�f to Seller will result in the voiding of Seller's warranty in its entirety. (ri)Buyer will allow Seller and any third parties who are interested in purchasing equipment from Seller,on reasonable advance notice to Buyer,to view the Equipment in use during routine flushings.All visits will be coordinated with Buyer and will not interfere with Buyer's normal flushing operations.Buyer agrees to not unreasonably withhold such access;and (ui) Buyer will pernut Seller to utilize Buyer's name,general information and data from the Log Book in Seller's m�rketing and promotional materials with nespect to futune sales of equipment including, without limitation, use in brochures, websites,trade advertisements and video presentations in such form and cornent as the parties shall mutually agree upon, such consent not to be unreasonably withheld. 14. LIMITATION OF LIABILITY.IN NO EVENT SHALL EITHER PARTY OR ANY PARENT OR AFFILIATED COMPANY OF SUCH PARTY BE LIABLE TO THE OTI�R PARTY; FUR SPECIAL, PiJNITIVE, INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGFS, INCLUDING LOSS OF REVENUE OR PROFITS, DOWN TIME,LOST-PRODUCTION,LOSS OF USE OF EQUIPMENT OR ANY ASSOCIATED PARTS, AND/OR DEFECTS IN BUYER'S OUTPUT, MA7'�',RIAi.S, WORK PRODUCT OR WORKMANSIiIP, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE EQUIPMENT OR OTHERWISE RELATING TO THIS AGREEMENT, ANY SERVICE PROVIDED OR THE RELATIONSHIP OF THE PARTIES, WHETHER ARISING OUT OF WA►1tRANTY, CONTRACT, EQUITY, STRICT LIABILITY OR TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, REGARDLESS OF ANY CLAIM THAT A REMEDY HAS FAII.ED OF ITS ESSENTIAL PURPOSE. IN NO EVENT MAY EITHER PARTY ASSERT THAT THE REMEDIES PROVIDED HEREIN ARE INADEQUATE OR HAVE FAILED QF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE TOTAL LIABILITY OF SELLER OR ANY PARENT OR AFFILIATED COMPANY OF SELLER TO BUYER EXCEED THE PRICE PAID FOR THE PARTICULAR EQUIPMF.NT OR SERVICE(S) AT ISSUE, PROVIDED THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO CLAIMS AGAINST SELLER FOR INDEMIVIFICATION BY BUYER OR ITS INSURANCE CARRIER RESULTING FROM PAYMENTS MADE TO THIRD PARTIES WHO SUFFER LOSS TO PERSON OR PROPERTY RESULTING FROM ANY DEFECT IN THE EQUIPMENT. 15. ASSIGNMENT. Neither this Purchase Ageement nor any of the rights or obligations created herein are assignable by Buyer without the prior written consem of the Seller. Any purported assignment in violation of this Section shall be void. 16. NOTICES. All notices under�e Purchase Agreement shall be in writing and sent by prepaid airmail post,certified return receipt request or registered,�by a reputable overnight courier(with a confirmation copy concurrently disgatched by prepaid airmail post or courier service),to�e addresses of the respective parties as set forth above or to such other address as the party may hereafter specify by written notice so given. Notices sha11 be effective 48 hours after being so mailed. Buyer's Initials REV:07-22-14 MLG Page 8 of li