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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, indemnifies, 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 System TM 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 />party patent, copyright or other intellectual property, (iv) the PlanetBids PB System TM will be free
<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 />PlanetBlds will not knowingly include therein any maliciouscode 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 />5. 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.
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<br />Copyright 02021 PlanetBids, Inc. R210815-26
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