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<br /> express or implied warranties with respect to the products provided hereunder or otherwise regarding this
<br /> agreement, whether oral or written, express, implied, or statutory. Without limiting the foregoing, any
<br />implied warranty against infringement, and the implied warranty of condition of fitness for a particular
<br />purpose are expressly excluded and disclaimed. Statements made by sales representatives or in promotional
<br />materials do not constitute warranties.
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<br /> Exclusions of Incidental and Consequential Damages
<br /> In no event shall MacQueen be liable for consequential, incidental or punitive damages incurred by Customer
<br />or any third party in connection with any matter arising out of or relating to this Agreement, or the breach
<br />thereof, regardless of whether such damages arise out of breach of warranty, tort, contract, strict liability,
<br />statutory liability, indemnity, whether resulting from non-delivery or from MacQueen’s own negligence, or
<br />otherwise.
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<br />10. Insurance
<br /> MacQueen maintains the following limits of insurance with a carrier(s) rated A- or better by A.M. Best:
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<br /> Commercial General Liability Insurance:
<br /> Products/Completed Operations Aggregate: $ 2,000,000
<br /> Each Occurrence: $ 2,000,000
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<br /> Umbrella/Excess Liability Insurance:
<br /> Aggregate: $ 5,000,000
<br /> Each Occurrence: $ 5,000,000
<br />The Customer may request MacQueen to provide the Customer with a copy of a current Certificate of Insurance
<br /> with the coverages listed above.
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<br />11. Indemnity
<br /> The Customer shall indemnify, defend, and hold harmless MacQueen, its officers, employees, dealers, agents
<br /> or subcontractors, from all claims, costs, judgments, liability, loss, damage, attorneys’ fees or
<br /> expenses of any kind or nature whatsoever (including, but without limitation, personal injury and death) to all
<br /> property and persons caused by, resulting from, arising out of or occurring in connection with the Customer's
<br /> purchase, installation or use of goods sold or supplied by MacQueen which are not caused by the sole
<br /> negligence of MacQueen or Pierce.
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<br />12. Force Majeure
<br /> MacQueen shall not be responsible nor deemed to be in default on account of delays in performance due to
<br /> causes which are beyond MacQueen’s control which make MacQueen’s performance impracticable, including
<br /> but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions,
<br /> earthquakes, accidents, any act of government, acts of God or the public enemy or terrorism.
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<br />13. Default
<br /> The occurrence of one or more of the following shall constitute a default under this Agreement:
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<br /> (a) the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations
<br /> under this Agreement; (b) MacQueen fails to perform any of its obligations under this Agreement; (c) either
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