Hardy Storage Company, LLC

Original Volume No. 1

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Effective Date: 04/01/2007, Docket: CP05-150-003, Status: Effective

Original Sheet No. 73 Original Sheet No. 73 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont’d)

 

 

(m) Limitation of Damages.

 

(1) Neither party shall be liable to the other for any special,

incidental, exemplary or consequential damages arising from or as a

result of any delay, omission or error in the electronic transmission

or receipt of any Documents pursuant to the Electronic Contracting

Agreement, even if either party has been advised of the possibility of

such damages.

 

(2) Customer or any other party with access to Seller's EBB

shall defend and indemnify Seller from and against any and all claims,

demands and actions, and any resulting loss, costs, damages and

expenses (including court costs and reasonable attorney fees) that may

be asserted against or imposed upon Seller by any person or entity as

a result of the unauthorized or otherwise improper use of any User

Identification or Password issued by Seller to that Customer or other

party.