Agmt26 Axon Amendment No. 1 - Laserfiche WebLink

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Page 11 of 11 claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any property damage, personal injury, or death at or related to the Site during Skydio's performance of the Services, except to the extent caused by Skydio's gross negligence or willful misconduct. Customer is solely responsible for Site safety and suitability for the performance of the Services and for maintaining appropriate insurance coverage. 7.2 Skydio Indemnification. Skydio shall indemnify, defend, and hold harmless Customer from and against any and all third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any allegation that the replacement parts provided by Skydio under these Dock Terms infringe or misappropriate any intellectual property rights, except to the extent such claims result from (a) modifications not made by Skydio, (b) combination of the replacement parts with products, equipment, or services not supplied by Skydio, or (c) use of the replacement parts not in accordance with Skydio Guidelines. Skydio's obligations under this Section are conditioned on Customer providing prompt notice of the claim, reasonable cooperation in the defense, and granting Skydio sole control over the defense and settlement of the claim. 7.3 Limitation of Liability. NEITHER PARTY NOR ANY OF ITS LICENSORS OR INFORMATION PROVIDERS AND OTHER SUPPLIERS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AND AGENTS SHALL HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, ARISING FROM OR RELATING TO THIS AGREEMENT OR CUSTOMER'S USE OF OR INABILITY TO USE PRODUCTS OR SERVICES, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR ARISING UNDER ANY OTHER LEGAL THEORY, EVEN IF THE FIRST PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE DOCK TERMS, THE MAXIMUM AGGREGATE LIABILITY OF SKYDIO FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE DOCK TERMS SHALL NOT EXCEED THE SERVICE FEE ACTUALLY PAID BY CUSTOMER TO SKYDIO FOR THE SERVICES GIVING RISE TO THE CLAIM. NOTICES Any notices given by you to Skydio under this Limited Warranty shall be given in writing or by email and shall be delivered as per applicable notice requirements. Please do not hesitate to contact Skydio customer support, by either calling us at 855-GOFLY02 (855- 463-5902) or contacting us via email at help@skydio.com. ATTY/AGR.2026/Amend. No.1/Axon Enterprise, Inc. (Axon Purchase Agreement Amendment) (Page 64 of 69)