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2033 Oak Industrial Dr. NE, Grand Rapids, MI 49505 www.terryberry.com <br />REV: 08-05-26 VR <br />5/36 <br />reasonable for Terryberry to assume unlimited liability for factors outside our control—such as customer data inputs, <br />system usage, or third-party network dependencies. <br />Accordingly: <br /> <br />Liability is capped to a reasonable amount relative to contract value, ensuring predictable risk allocation <br />for both parties. <br />Exceptions apply in specific cases where Terryberry has direct control or fault, including: <br />o Intellectual property infringement, where Terryberry warrants that its proprietary technology <br />will not infringe on third-party rights; and <br />o Gross negligence or willful misconduct, where harm results from conduct beyond ordinary <br />negligence. <br />This framework is consistent with standard SaaS industry practice and ensures that both parties share risk <br />proportionately and responsibly. It allows Terryberry to continue investing in product security, innovation, and <br />customer support without introducing disproportionate or uninsurable exposure. <br />We hope this overview provides helpful clarity as you review our materials. Our goal is to make compliance and <br />contracting with Terryberry as straightforward and transparent as possible. If you have any additional questions or <br />would like to review specific policies in more detail, please don’t hesitate to reach out. <br />Warm regards, <br />Kathryn <br />General Counsel <br />Terryberry <br />ATTY/AGR.2026.217/Terryberry (Employee Service Awards) (Page 5 of 36)