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Docusign Envelope ID: 1BD62A30-BDC3-4600-B45A-9435E6916BEA <br />FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND FLOCK <br />DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT <br />LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A <br />PARTICULAR PURPOSE AND NON -INFRINGEMENT. THIS DISCLAIMER ONLY <br />APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE <br />MENTIONED IN SECTION 11.6. <br />8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B. <br />8.6 Force Majeure. Parties are not responsible or liable for any loss, damages, delays or failures <br />in performance from any cause beyond their control, including, but not limited to acts of God, <br />changes to law or regulations, embargoes, war, terrorist acts, , issues of national security, acts or <br />omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, <br />strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather <br />conditions or acts of hackers, internet service providers or any other third party acts or omissions. <br />9. LIMITATION OF LIABILITY; INDEMNITY <br />9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, <br />FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND <br />EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY <br />SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED <br />THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT <br />LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR <br />BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) <br />COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) <br />FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL <br />DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR <br />REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY <br />TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH <br />AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID <br />AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS <br />AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT <br />