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2) If Customer uses standard identification codes, PlanetBids shall have the <br />right to request for inspection an original copy of such codes and any necessary <br />authorizations for use. If such Identification codes are proprietary codes of third parties, <br />such as NIGP, SIC or CSI, it shall be the responsibility of Customer to obtain the <br />necessary licenses and Customer indemnifies and holds harmless PlanetBids from the <br />unauthorized use or publication of any such Identification codes with respect to the <br />Services. <br />3) It shall be the responsibility of Customer to collect and pay any taxes, <br />duties, Imposts or tariffs that are applicable to sales via the Services. <br />c) Although the Customer's solicitation, bid and contract information is collected, <br />processed, managed and stored on the PlanetBids PB SystemTM , PlanetBids does not control <br />or monitor any of such Information or processes and is not aware of the specific uses thereof by <br />the Services, Customer hereby releases, indemnifles, and holds harmless PlanetBids and its <br />agents, employees, and affiliates from all claims, demands, costs and damages (actual and <br />consequential) of every kind and nature arising out of or related to the communications or Bid <br />Requests and the completed or uncompleted transactions of Customer utilizing the Services. <br />4. Warranty. <br />a) PlanetBids warrants that (i) the performance of Services by PlanetBids shall <br />comply with all applicable federal, state, county and local laws and ordinances, and the PlanetBids <br />PB SystemTM will comply with all applicable safety regulations and codes, (ii) all Services to be <br />performed hereunder will be performed in a professional and workmanlike fashion and will comply <br />with industry standards, (iii) the PlanetBids PB SystemTM does not infringe or violate any third <br />r,dAv nsAan+ nnrwrinhf nr Mher inialranll tni nmr%ni4v MA +ha Nnne4Rirl. PR Cve4emTM will hn 4— <br />from any liens, encumbrances or claims, and for a period of 90 days initial access by Customer, <br />will conform In all material respects to applicable specifications and product descriptions. Further, <br />PlanetBids will not knowingly include therein any malicious'code designed to disrupt or otherwise <br />impair the operation of the Services or to permit any surreptitious collection of information. <br />b) PLANETBIDS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, <br />INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, <br />FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL <br />PROPERTY OR OTHER VIOLATION OF RIGHTS, EVEN IF PLANETBIDS HAS BEEN MADE <br />AWARE IN ADVANCE OF SUCH POTENTIAL RISK, NOR ANY WARRANTY REGARDING <br />THE ACCURACY, LIKELY RESULTS, OR THE RELIABILITY OF ANY SITES LINKED INTO <br />THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PLANETBIDS <br />HEREUNDER EXCEED $2,000,000.00 <br />c) Customer represents and warrants (a) the Customer information provided is <br />current, complete and accurate, (b) that the person signing this Agreement is authorized to bind <br />Customer, (c) Customer will update the information (including credit card information, if <br />applicable) as required to keep such information current, complete and accurate. PlanetBids <br />may, in its sole discretion, cancel or terminate this Agreement if Customer has willfully violated <br />its obligations hereunder. <br />6, Indemnity. Each party will indemnify and defend and hold harmless the other party <br />from and against all claims, liabilities, damages, and expenses, including reasonable attorney <br />fees, arising out of any property damage, personal injury or death, sustained by such other party <br />as a result of the gross negligence or willful misconduct of the indemnifying party or Its agents or <br />employees. <br />4 <br />Copyright 0 2021 PlanetBids, Inc. R210816-26 <br />