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personnel. The Parties will work together to address any bona fide emergency action that may be necessary to be
<br /> taken by the Customer; provided, however, any action taken by the Customer without the Company prior written
<br /> consent shall be subject to the limitations in this Article 5.
<br /> 5.7 NO IMPLIED WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE 5,
<br /> THE COMPANY MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, CONCERNING
<br /> THE SERVICES OR ANY ECO,AND THE COMPANY DISCLAIMS ANY WARRANTY IMPLIED BY LAW,
<br /> INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
<br /> PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE. UNLESS OTHERWISE EXPRESSLY
<br /> STATED IN A FEASIBILITY REPORT ATTACHED TO AN IMPLEMENTATION AUTHORIZATION FORM
<br /> OR AS REQUIRED UNDER CHAPTER 489, FLORIDA STATUES, THE COMPANY MAKES NO
<br /> WARRANTIES OR GUARANTEES OF ANY NATURE WHATSOEVER CONCERNING THE ACTUAL
<br /> REDUCTION IN THE CUSTOMER'S ENERGY USAGE AS A RESULT OF THE INSTALLATION AND
<br /> OPERATION OF ANY ECO, AND THE CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY
<br /> ESTIMATED SAVINGS, ESTIMATED LOAD REDUCTIONS OR OTHER SIMILAR PROJECTIONS
<br /> SUPPLIED OR MADE BY THE COMPANY SHALL BE FOR INFORMATIONAL PURPOSES ONLY AND
<br /> SHALL NOT CONSTITUTE A WARRANTY OR GUARANTEE BY THE COMPANY OF THE ACTUAL
<br /> SAVINGS OR LOAD REDUCTION,IF ANY,WHICH MAY BE EXPERIENCED BY THE CUSTOMER,
<br /> 5.8 Survival. Notwithstanding anything to the contrary, the obligations of the Parties under Sections
<br /> 5.1 through 5.7 shall survive the termination or expiration of this Master Agreement.
<br /> ARTICLE 6-LIMITATION OF LIABILITY
<br /> 6.1 No Operating or Maintenance Responsibility. Except as otherwise specifically provided in Article
<br /> 5, the Company shall have no responsibility or liability with respect to any ECO after the Substantial Completion
<br /> Date thereof, and the Customer shall be solely responsible for the operation, maintenance and utilization of each
<br /> ECO after such date. Without limiting the generality of the foregoing, no payment obligation of the Customer
<br /> arising under this Master Agreement shall be affected by the actual performance of any ECO following the
<br /> Substantial Completion Date,
<br /> 6.2 Disclaimer of Consequential Damages. Neither Party shall be liable to the other Party for special,
<br /> indirect, consequential, incidental, extemporary, or punitive damages, even if the Party has been advised that such
<br /> damages are possible. No Party shall be liable for lost profits,lost revenue,or lost institutional operating savings.
<br /> 6.3 Limitation of Liability. Except in cases where a court of competent jurisdiction has determined
<br /> willful misconduct on the part of a Party, each Party's total liability under this Master Agreement shall not exceed
<br /> the Feasibility Study Price or Implementation Price,as the case may be, for the Services that have given rise to the
<br /> Dispute.
<br /> 6.4 Intent. Except for each Party's indemnification obligations under this Agreement, each Party's
<br /> total aggregate liability under this Master Agreement shall not exceed the total cost of the Services rendered and
<br /> paid for by the Customer giving rise to the Dispute. The guaranteed savings that are set forth in an applicable
<br /> Implementation Services Authorizations Form do not constitute a debt, liability, or obligation of the Customer.
<br /> Except in cases of willful misconduct,the Parties intend that the waivers and disclaimers of liability, releases from
<br /> liability, limitations and apportionments of liability, and exclusive remedy provisions expressed throughout this
<br /> Master Agreement shall apply even in the event of the fault,negligence(in whole or in part),strict liability or breach
<br /> of contract of the person released or whose liability is waived, disclaimed, limited, apportioned or fixed by such
<br /> remedy provision, and shall extend to such person's affiliates and to its and their partners, shareholders, directors,
<br /> officers,employees,contractors and agents. The Parties also intend and agree that such provisions shall continue in
<br /> full force and effect notwithstanding the termination, suspension, cancellation or rescission of this Master
<br /> Agreement. No officer, director, employee, agent or other individual representative of either Party shall be
<br /> personally responsible for any liability arising under this Master Agreement.
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