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SOLE AND EXCLUSIVE REMEDY AND THE MAXIMUM EXTENT OF TANKNOLOGY'S
<br />LIABILITY UNDER THIS WARRANTY.
<br />This warranty, and Purchaser's rights under this warranty, will not apply if Purchaser is in breach of any of
<br />Purchaser's obligations under this agreement, including but not limited to Purchaser's failure to timely pay all
<br />amounts due to Tanknology as provided for in this agreement.
<br />The services performed by Tanknology under this Proposal do not provide a comprehensive evaluation of the
<br />AST(s) present condition nor loss from corrosion. TANKNOLOGY DOES NOT WARRANT THE
<br />STRUCTURAL INTEGRITY OF THE AST(S) NOR THAT THE SERVICES AND MATERIALS, PARTS
<br />AND EQUIPMENT DESCRIBED IN THIS AGREEMENT WILL ENSURE STRUCTURAL INTEGRITY
<br />NOR PRECLUDE FAILURE AND/OR LEAKS DUE TO CORROSION IN THE FUTURE.
<br />EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, TO THE MAXIMUM EXTENT
<br />PERMITTED BY LAW, TANKNOLOGY MAKES NO WARRANTY, REPRESENTATION OR
<br />CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THIS AGREEMENT
<br />OR THE SERVICES RENDERED AND/OR MATERIALS, PARTS AND EQUIPMENT PROVIDED
<br />PURSUANT HERETO. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TANKNOLOGY
<br />DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED
<br />WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
<br />12.0 Insurance: Upon acceptance of this proposal, at the request of the Purchaser, TANKNOLOGY
<br />will provide the Purchaser with a Standard Certificate of Insurance, which delineates its normal insurance
<br />coverage, applicable to the proposed work (Workman's Compensation, General Liability and Auto Liability).
<br />Tanknology will keep this insurance in place during performance of the services. If Purchaser requires
<br />additional or special insurance coverage, over and above Tanknology's normal coverage, Tanknology will use
<br />its commercially reasonable efforts to obtain and keep in place, during its performance of services under this
<br />agreement, applicable short-term additional coverage, with the premium cost of such additional insurance to
<br />be borne by Purchaser.
<br />13.0 Force Majeure: The furnishing of the services, materials, parts and equipment under this contract
<br />may be subject to delay caused by war, terrorism, accidents, strikes, inability to secure labor or raw materials,
<br />fires, embargoes, delays in transportation, governmental restrictions of any kind, riots, civil disorders, or any
<br />other cause whatsoever outside the control of Tanknology. If any such delay occurs and continues for more
<br />than thirty days, either party may thereafter cancel this contract. However, the Purchaser shall be liable for
<br />payment of all work done by Tanknology up to, and including, the day of cancellation.
<br />14.0 Limitation Of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY
<br />LIABILITY OF TANKNOLOGY IN CONNECTION WITH THIS AGREEMENT OR THE RENDERING
<br />OF SERVICES OR PROVIDING OF MATERIALS, PARTS AND EQUIPMENT SHALL BE LIMITED
<br />TO THE AMOUNT OF COMPENSATION RECEIVED BY TANKNOLOGY FOR PERFORMING THE
<br />SERVICES HEREIN DESCRIBED. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
<br />TANKNOLOGY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
<br />CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST PROFITS), OR PUNITIVE
<br />DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE RENDERING
<br />OF SERVICES OR PROVIDING OF MATERIALS, PARTS, OR EQUIPMENT, REGARDLESS OF THE
<br />CLAIM AND CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
<br />AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.
<br />15.0 Dispute Resolution. The parties will attempt to resolve any claim or controversy related to or
<br />arising out of this agreement through negotiation and, if negotiation is not successful, through mediation.
<br />However, either party may at any time initiate legal proceedings with respect to the dispute and either party
<br />may at any time terminate negotiation and mediation if the party has determined that further negotiation
<br />and mediation are not warranted.
<br />16.0 Law Governing: This contract may not be modified or terminated verbally, and shall be construed,
<br />interpreted and governed according to the law of the State of Texas, excluding any conflicts -of -laws rules or
<br />principles that might refer the governance, construction or enforcement of this agreement to the laws of
<br />another jurisdiction.
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