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10.0 Confidentiality. Tanknology and Purchaser may each (the "Receiving Parti") come into contact
<br />with confidential information of the other party (the "Disclosing Parti") in connection with their
<br />performance under this agreement. A Disclosing Party's confidential information will include internal
<br />records, customer information, pricing, service offerings, computer software and other trade secrets. A
<br />Disclosing Party's information will be deemed confidential information if it is labeled or identified as
<br />confidential at the time of disclosure or if a reasonable businessperson would regard such information as
<br />confidential under the circumstances of disclosure and/or in view of the nature of the information. The
<br />terms of this Proposal, including the services and pricing under this Proposal, will be considered
<br />confidential information of Tanknology. Confidential information will not include information of a
<br />Disclosing Party that (a) is or becomes publicly known without a breach of any confidentiality obligation
<br />by the Receiving Party or any third party; (b) is within the Receiving Party's possession or knowledge,
<br />without an obligation of confidentiality, at the time of disclosure by the Disclosing Party; (c) is
<br />independently developed by the Receiving Party without reference to the Disclosing Party's confidential
<br />information; (d) is rightfully disclosed to the Receiving Party by a third party without imposing a
<br />confidentiality obligation on the Receiving Party; or, (e) is disclosed by the Disclosing Party to a third party
<br />without the third party having any confidentiality obligation.
<br />The Receiving Party may use the Disclosing Party's confidential information only in connection with its
<br />performance under this agreement. The Receiving Party agrees to take reasonable precautions to guard the
<br />confidentiality of the Disclosing Party's confidential information and to limit access to authorized
<br />employees who have a need to know the information. The Receiving Party will not be prohibited from
<br />disclosing information of the Disclosing Party if, and only to the extent, the Receiving Party is legally
<br />required to do so; provided that, to the extent permitted by law, prior to making any such disclosure, the
<br />Receiving Party shall promptly provide to the Disclosing Party written notice that it is being legally
<br />required to disclose such confidential information, so that the Disclosing Party may, at the Disclosing
<br />Party's election and expense, seek a protective order, or otherwise limit or protect such disclosure, and the
<br />Receiving Party shall, at the Disclosing Party's expense, reasonably cooperate with the Disclosing Party
<br />and disclose only the portion of the confidential information that is legally required to be disclosed.
<br />The terms of this Section 10 will survive termination of this agreement.
<br />11.0 Warranty: Tanknology will perform the services under this agreement in a professional and
<br />workmanlike manner. Tanknology's services and workmanship are warranted for one year from the date
<br />performed. Tanknology does not warrant any materials, parts or equipment and has no responsibility for
<br />manufacturers' warranties of materials, parts and equipment. Tanknology hereby passes through to
<br />Purchaser the manufacturer's warranties, if any, on all materials, parts and equipment provided by
<br />Tanknology under this agreement, to the extent transferable and non-recourse to Tanknology. Warranties do
<br />not extend to other miscellaneous products, which may be used in conjunction with Tanknology's inspection
<br />process.
<br />To request warranty service, Purchaser shall immediately, and in any event within five business days after the
<br />event causing the warranty claim, notify Tanknology in writing of the warranty claim and give adequate and
<br />reasonable information and opportunity for Tanknology to evaluate the claim and recommend appropriate
<br />corrective action. Any notice to be given hereunder may be given orally provided that within not more than
<br />five days thereafter it is fully confirmed in writing. As Purchaser's sole and exclusive remedy under this
<br />warranty, Tanknology may elect, in its sole and absolute discretion, to re -perform non -conforming services,
<br />provide replacement materials, parts and equipment and make necessary repairs, or refund the amount paid by
<br />Purchaser.
<br />If Tanknology is responsible for a warranty claim and Tanknology elects to re -perform services, provide
<br />replacement materials, parts and equipment and make necessary repairs, TANKNOLOGY will do so at no
<br />additional cost to Purchaser, provided that the cost of replacement materials, parts and equipment plus
<br />reasonable associated labor costs do not, in the aggregate, exceed the total lump -sum price of this agreement.
<br />Although no billing will be submitted separately on such replacement materials, parts or equipment, costs for
<br />this purpose will be based as per standard pricing schedules. If the cost of replacement materials, parts and
<br />equipment plus reasonable associated labor costs, in aggregate, exceed the total lump -sum price of this
<br />agreement, then Purchaser shall pay the excess. TANKNOLOGY'S TOTAL LIABILITY UNDER THIS
<br />WARRANTY IS LIMITED TO THE PROPOSAL AMOUNT ACTUALLY PAID BY PURCHASER, AND
<br />THE WARRANTY DOES NOT EXTEND TO ANY SUBSEQUENT OR CONSEQUENTIAL DAMAGES
<br />OR CLAIMS WHATSOEVER. THE REMEDY SET FORTH IN THIS SECTION IS PURCHASER'S
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