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Acordis International Corp ® MIGHTY TOUCH'S OBLIGATIONS ARISING HEREUNDER. UNDER NO CIRCUMSTANCES SHALL CTS BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES, EXPENSES, LOSSES OR DELAYS, HOWSOEVER CAUSED, INCLUDING WITHOUT LIMITATION, DAMAGES FROM DECREASE IN INCOME, INCREASE IN COST OF ANY DESCRIPTION OR DECREASE IN PROFITS, OR FROM FAILURE OF ANY PART OF THE PRODUCTS FURNISHED HEREUNDER. Limitation of Liability NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST BUSINESS, LOST DATA, BUSINESS INTERRUPTION, AND THE LIKE) UNDER ANY THEORY OF LAW EVEN IF APPRISED OF SUCH DAMAGES UNDER THIS AGREEMENT. IF ANY DISCLAIMER OF WARRANTY OR • LIMITATION OF LIABILITY IS FOUND TO BE UNLAWFUL OR INAPPLICABLE OR TO HAVE FAILED IN ITS ESSENTIAL PURPOSE, NEITHER PARTY SHALL BE LIABLE FOR ANY DAMAGES BEYOND THE EXPLICIT LICENSE FEES AND MAINTENANCE COSTS STATED IN THIS AGREEMENT. NO CLAIM MAY BE SUBMITTED BY A PARTY UNLESS WRITTEN NOTIFICATION IS PROVIDED TO THE OTHER PARTY WITHIN ONE (1) YEAR OF THE EXISTENCE OF FACTS INDICATING THE EXISTENCE OF SUCH DISPUTE. • NTF Service If a technician is dispatched and the service diagnosis is "no trouble found", a minimum NTF fee of$175 will apply. NTF fees are based on up to two hours of actual travel time plus actual time spent on site, at that customer's service rate, with a minimum of$175. Common diagnosis that would incur an NTF fee may be dead batteries, paper jams due to paper loaded improperly or non OEM paper, unit power cord unplugged, failure of customer provided electric power or broadband connection, or other similar items ® that would be part of the customer's responsibility for regular operation and maintenance of the equipment. A help desk specialist will ask basic diagnostic questions of the on-site customer's 'representative calling for service in order to assist in avoiding unnecessary on-site service calls. Refusal on the part of the caller to answer questions or cooperate with the help desk specialist may cause an unnecessary service visit that incurs NTF fees as well. All service calls regardless of type of warranty coverage or payment method will be subject to NTF fees if a No Trouble Found diagnosis is determined. Optional Support Services Annual Hardware Support&On-Site Service &Toll Free Help Desk per year per unit Mighty Touch will provide technicians at no additional cost to client for service calls and to replace defective or damaged equipment on site as part of an enhanced warranty support agreement. When dispatched to determine a problem, the Mighty Touch technician will go to the site, perform diagnostic testing and determine the nature of the problem, either correcting the problem on site or ordering replacement equipment as is appropriate. If the Mighty Touch help desk has diagnosed an equipment malfunction, it may choose to directly send replacement equipment to the technician and eliminate the diagnosis service call. Once the technician receives the equipment, it is taken to the site and the malfunctioning equipment is removed and replacement equipment is installed. The technician then ships the malfunctioning equipment to the depot facility to be refurbished and returned to depot inventory. Subject to the limitation set forth, the extended hardware support service is for the term purchased, and is available in annual increments. Under optional hardware support service, technicians ® will be dispatched for service within two (2) business days of determination by the Mighty Touch help desk that on-site service is required. Technicians will schedule service calls between 8:00 a.m. and 4:00 mightyt.uch Mighty Touch 3/14/2017