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Aware Digital Warranty First Year Warranty Contractor (Aware Digital Inc.,) represents and warrants (1) that all hardware delivered pursuant hereto will be new and all hardware shall be free from defects in material; (2) that all installation services performed hereunder will be free from defects in material and workmanship and will be performed in accordance with the specifications and instructions of the Customer. However, Contractor retains discretion and control with respect to the manner and means of performing such services and shall at all time remain an independent contractor. The warranty shall survive for a period of one (1) year from acceptance of the specific wireless project objective. Should any failure of the hardware to conform to this warranty appear during the manufacturer's warranty period, Contractor shall, provide that it is given immediate notice of such nonconformity and provided that its inspection confirms the existence of the same, correct, at no cost to the Customer such nonconformity by, at its election, repair or replacement. Said notice may be by telephone, e-mail, or fax. Contractor's inspection shall occur within 72 hours of receiving notice. Repair or replacement in the manner, or where provided above shall constitute fulfillment of all Contractor obligations under this warranty. Such warranty shall not apply to any supplies to the extent they have been subject to accident, misuse, acts of God, unauthorized alteration, or where Contractor installation, maintenance and service requirements have not been met. Warranty Disclaimer and limitation of Liability The warranties set forth herein are exclusive and are in lieu of all other warranties, express or implied, arising out of or in connection with the system, or the use or performance thereof. Warranty or loss of service or equipment resulting from acts of God including but not limited to; severe weather, earthquakes, hurricanes or other such event beyond our control that affect Aware Digital's operation or so severe damages the "Customer's" property that continuing service would be impractical, are not covered in this warranty. The Customer's sole remedies shall be to require the contractor to satisfy the express warranties set forth herein. Remedies The Customer acknowledges that the Contractor may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be and inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by the Customer, the Contractor shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damages or to post an injunction bond, and / or to decree for a specific performance of the provisions of this agreement. For the purposes of this section, the Customer agrees that any action or proceedings with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of Broward County, Florida or the United States District Court, Aware Digital Inc. Request for Proposal No. 12-09-01 Page 24 of 29