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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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