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12 SMART-AG User Manual Rev 2
Terms and Conditions
consent from NovAtel, (vii) Products designated by NovAtel as beta site test samples,
experimental, developmental, preproduction, sample, incomplete or out of specification
Products, (viii) returned Products if the original identification marks have been removed or
altered or (ix) Services or research activities.
7. EXCLUSION OF LIABILITY: If a Party would, but for this paragraph (7), have concurrent
claims in contract and tort (including negligence) such claims in tort (including negligence)
shall to the extent permitted by law be wholly barred, unenforceable and excluded.
NovAtel shall not be liable to the Buyer by way of indemnity or by reason of any breach of the
Order or of statutory duty or by reason of tort (including but not limited to negligence) for any
loss of profit, loss of use, loss of production, loss of contracts or for any financing costs or for
any indirect or consequential damage whatsoever that may be suffered by the Buyer.
In the event and to the extent that NovAtel shall have any liability to Buyer pursuant to the
terms of the Order, NovAtel shall be liable to Buyer only for those damages which have been
foreseen or might have reasonably been foreseen on the date of effectivity of the Order and
which are solely an immediate and direct result of any act or omission of NovAtel in performing
the work or any portion thereof under the Order and which are not in the aggregate in excess
of ten (10%) percent of the total Order price.