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1 . paper, seals, batteries, or other consumable parts or supplies, <br /> 2. products which have been repaired or altered by persons other than those <br /> expressly approved in writing by Sequoia, <br /> 3 . products from which the serial numbers have been removed, defaced or <br /> changed, <br /> 4 . products damaged as a result of accident, disaster, theft, vandalism, <br /> neglect, abuse, use of any product for a purpose other than the purpose <br /> for which it is designed or use not in accordance with Documentation <br /> furnished by Sequoia, <br /> 5 . products which have been subjected to physical, mechanical or electrical <br /> stress or alteration or any conversion by persons other than those <br /> expressly approved in writing by Sequoia, <br /> 6. products used by any person other than Customer' s employees or <br /> persons under Customer' s direct supervision, <br /> 7. products that in Sequoia's reasonable opinion cannot be repaired to a <br /> maintainable condition will be replaced . <br /> D. Warranty Disclaimer <br /> Sequoia disclaims all other warranties, either express or implied, not expressly and specifically <br /> set forth herein including, without limitation, the implied warranties of fitness for a particular <br /> purpose and merchantability. <br /> 8. INDEMNIFICATION <br /> A. By Sequoia <br /> Sequoia hereby agrees to defend, indemnify, protect, and hold Customer harmless from and <br /> against any and all third party claims for damages (including, without limitation, court costs and <br /> reasonable attorneys' fees), incurred as a result of injury to any person or damage to property, <br /> including, without limitation, injury to Sequoia's employees, agents or officers to the extent <br /> caused by the negligent or intentional misconduct of Sequoia or its employees in performing <br /> under this Agreement. <br /> 9. INSURANCE <br /> A. Insurance Required <br /> During the performance of and throughout the term of this Agreement, Sequoia shall maintain in <br /> full force and effect the following insurance coverage: <br /> 1 . Worker's Compensation <br /> Sequoia shall maintain during the term of this Agreement, Workers' Compensation <br /> Insurance, including Employers' Liability Coverage, in accordance with Florida Stature <br /> Chapter 440. Coverage shall be provided on a primary basis. <br /> 2. Commercial General Liability <br /> Sequoia agrees to maintain Commercial General Liability at a limit of liability not <br /> less than $ 1 ,000,000 Each Occurrence . Coverage shall not contain any <br /> endorsement(s) excluding nor limiting Premises/Operations, Personal Injury, <br /> 5 <br />