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51062.00005\41629185.1
<br />REV: 12-07-23 MI
<br />Blazestack Inc.
<br />907 Ranch Rd 620 S # 302, Lakeway, TX 78734
<br />hello@blazestack.com
<br />(855) 735-6673
<br />CONFIDENTIAL
<br />Last updated: May 22, 2023
<br />performed by the Service will meet all of
<br />Customer’s requirements, that the operation of
<br />the Service will be uninterrupted or error free,
<br />that all defects in the Service will be corrected,
<br />or that the Service will be available in all
<br />languages or all countries.
<br />THE SERVICE IS PROVIDED “AS IS.”
<br />EXCEPT AS EXPRESSLY PROVIDED
<br />HEREIN, BLAZESTACK MAKES NO
<br />WARRANTIES OF ANY KIND, WHETHER
<br />EXPRESS, IMPLIED, STATUTORY OR
<br />OTHERWISE, AND SPECIFICALLY
<br />DISCLAIMS ALL IMPLIED WARRANTIES,
<br />INCLUDING BUT NOT LIMITED TO ANY
<br />WARRANTIES OF MERCHANTABILITY,
<br />NON-INFRINGEMENT OR FITNESS FOR A
<br />PARTICULAR PURPOSE, TO THE
<br />MAXIMUM EXTENT PERMITTED BY
<br />APPLICABLE LAW. SPECIFICALLY, THIRD
<br />PARTY CONTENT AND TEST FEATURES
<br />ARE PROVIDED “AS IS,” EXCLUSIVE OF
<br />ANY WARRANTY. EACH PARTY
<br />DISCLAIMS ALL LIABILITY AND
<br />INDEMNIFICATION OBLIGATIONS FOR
<br />ANY HARM OR DAMAGES CAUSED BY
<br />ANY THIRD PARTY NETWORKING OR
<br />HOSTING PROVIDERS OR THIRD PARTY
<br />PRODUCTS.
<br />8.3 Indemnification. Both Customer and
<br />Blazestack shall mutually indemnify, defend,
<br />and hold each other harmless, as well as their
<br />respective officers, directors, employees, agents,
<br />successors, and assigns, against all losses arising
<br />out of or resulting from any third party claim,
<br />suit, action, or proceeding related to or arising
<br />out of or resulting from a material breach of any
<br />representation, warranty, covenant, or obligation
<br />under this Agreement by the indemnifying party.
<br />Blazestack shall indemnify, defend and hold
<br />harmless Customer against all losses directly
<br />resulting from any third-party claim, suit, action,
<br />or proceeding that the Service and any
<br />intellectual property rights owned by Blazestack
<br />infringe, misappropriate, or violate any a third-
<br />party copyright, trademark, patent or other
<br />proprietary rights of third parties.
<br />The indemnified party shall provide the
<br />indemnifying party with prompt written notice
<br />of any of the claims described in this Section,
<br />brought against the indemnified party, together
<br />with copies of all related court documents
<br />involving such claim. The indemnified party’s
<br />failure to provide timely notice to the
<br />indemnifying party of any such claim shall not
<br />relieve the indemnifying party from any liability
<br />under this Section with respect to such claim, to
<br />the extent that the indemnifying party is not
<br />prejudiced by such failure. The indemnifying
<br />party shall keep the indemnified party advised of
<br />the status or any such claim and of its defense
<br />and/or negotiation efforts. The indemnified party
<br />shall provide the indemnifying party with such
<br />information and assistance for the defense of
<br />such claim as is reasonably requested by the
<br />indemnifying party.
<br />9. INSURANCE; CYBER LIABILITY
<br />9.1 Insurance. Blazestack shall obtain and
<br />maintain for the duration of the Agreement and
<br />any and all amendments, insurance against claims
<br />for injuries to persons or damage to property
<br />which may arise out of or in connection with
<br />performance of the Services by Blazestack or
<br />Blazestack’s agents, representatives, employees
<br />or subcontractors. The insurance carrier is
<br />required to maintain an A.M. Best rating of not
<br />less than “A-:VII”.
<br />9.2. Coverage and Limits. Blazestack, at its sole
<br />expense, shall maintain the types of coverages
<br />and minimum limits indicated below, unless
<br />otherwise approved by Customer in
<br />writing. These minimum amounts of coverage
<br />will not constitute any limitations or cap on
<br />Blazestack's indemnification obligations under
<br />this Agreement.
<br />ATTY/AGR.2023.294/Blazestack (Fire Investigation Case Management Software) (Page 7 of 10)
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