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<br /> interconnect, nor patch any equipment with another user without written consent of
<br /> Provider.
<br /> 12.3 No othèr warranties, express or implied, are given by either Pany.
<br /> 13. DISCLAIlVIER OF WARRANTIES; LIMITATION OF REMEDIES
<br /> 13.1 Participant acknowledges and agrees that Provider is not the manufacturer of
<br /> equipment, and Provider hereby disclaims all representations and warranties, direct or
<br /> indirect, express or implied, written or oral, in connection with the equipment or its function
<br /> (\vhether purchased or leased by Participant from Provider or another), including but not
<br /> limited to any and all express and implied warranties of suitability, durability,
<br /> merchantability, and fitness for a particular purpose. Provider to the exter:t permitted by
<br /> law assigns to Participant any and all manufacturers' warranties relating to equipment
<br /> purchased by Participant, if any, and Participant acknowledges receipt of any and all such
<br /> manufacturers' warranties.
<br /> 13.2 Participant acknowledges and agrees that its sole and exclusive remedy in
<br /> connection \vith any defects in any equipment, including manufacture or design, shall be
<br /> against the manufacturer of the equipment under the manufacturers' warr2..n!Ìes and that
<br /> Provider shall have no liability to Participant in any event for any loss, damage, injury, or
<br /> expense of ~y kind or nature related directly or indirectly to any equipme:n or service
<br /> provided hereunder. Without limiting the above, Provider shall have no liability or
<br /> obiigation to Participant, in either contract or tort, for special, incidental, or consequential
<br /> damages of any kind incurred by Participant, such as, but not limited to, claiü:s or damages
<br /> for personal injury, wrongful death, loss of use, loss of anticipated profits, or other incidental
<br /> or consequential damages or economic losses of any kind incurred by Participant directly
<br /> or ir.directly resulting from or related to any equipment or service described hereunder,
<br /> whether or not caused by Provider' negligence, to the full extent same may be disclaimed
<br /> by law. Any references to equipment in this paragraph shall be deemed to apply to all
<br /> equipment purchased by Participant or leased by Participant from Provide;:-, if any, or
<br /> ar:other lessor.
<br /> 14. I\TERRUPTION OF SERVICE; FORCE IHAJEURE
<br /> Except for its own acts, Provider shall not be liable to Participant or any other person
<br /> for any loss or damage, regardless of cause. Provider does not assume and shall have no
<br /> liability under this Agreement for failure to provide, or delay in providing, service due
<br /> directly or indirectly to causes beyond the control of Provider or its subcontractors,
<br /> including, but not restricted to, acts of God, acts of governmental entities, acts of the public
<br /> enemy, strL1<es, or unusually severe weather conditions. In the event of any failure or delay
<br /> attributable to the fault of Provider or its subcontractors, Participant's sole remedy shall be
<br /> limited to a credit for service as is more fully described in Section 8.
<br /> LoWER COLORillO RIVER AVTHOR11Y -8-
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