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(b)
IN NO EVENT SHALL RECON'S LIABILITY UNDER THIS LIMITED WARRANTY TO YOU OR TO ANY THIRD
PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE PRODUCT
THAT YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE PRODUCT, WHICHEVER IS
GREATER.
(c)
THE LIMITATIONS OF LIABILITY SET OUT IN SECTION 7(A) AND 7(B) ABOVE IS INTENDED TO APPLY AND
DOES APPLY TO ANY DAMAGES, LOSSES, OR LIABILITY HOWEVER CAUSED, REGARDLESS OF THE THEORY
OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF RECON OR ITS LICENSORS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WITH RESPECT TO LIABILITY FOR
DEATH, BODILY INJURY, OR STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACT OR
OMISSIONS, FOR WHICH NO LIMIT APPLIES.
(d)
Nothing in this Limited Warranty limits Recon's liability to You in the event of: (i) death or personal injury
to the extent resulting directly from Recon's negligence; or (ii) any intentional fraudulent act or
intentional fraudulent omission of Recon.
8.
Privacy. Information about You that Recon receives or collects (including, without limitation, Your personal
contact information and financial information such as credit card information) will be used, processed, transferred,
stored, and disclosed in accordance with Recon's privacy policy (available at
http://www.reconinstruments.com/corporate/legal/privacy-statement) for the purpose of resolving problems with
the Product and to provide and perform the services relating to the warranty described in this Limited Warranty.
9.
Dispute Resolution.
(a)
Mediation.
relation to this Limited Warranty or the breach thereof, including any question regarding its existence,
validity, performance or termination and any tort or other common law or statutory claim arising out of
or relating to its negotiation, execution or performance (collectively, the "Dispute"), will be first subject to
non-binding mediation in an effort to resolve any such Dispute by participating in a structured negotiation
conference with a mediator under the Commercial Mediation Rules of the British Columbia International
Commercial Arbitration Centre. The mediation will be held in Vancouver, British Columbia, Canada. You
and Recon agree to use best efforts to conduct any dispute resolution procedures herein as efficiently and
cost effectively as possible. All aspects of the mediation will be treated as confidential. The costs of the
Mediator will be shared equally between You and Recon. The mediation may, at the option of either
party, occur by videoconference transmission. The party electing to participate in the mediation by
videoconference will be responsible for paying the costs of one Mediator who must attend and
participate in the mediation at the videoconference facility selected by the party engaging such person.
(b)
Arbitration. If the Dispute cannot be settled within 45 calendar days after the Mediator(s) has (have)
been appointed, or such other period agreed to in writing by You and the Recon, the Dispute will be
referred to and finally resolved by binding arbitration, with the losing party paying all costs of arbitration
(including reasonable legal fees and expenses) to be conducted by a single arbitrator in Vancouver, British
Columbia, pursuant to the provisions of the Commercial Arbitration Act (British Columbia) and any
amendments thereto, and the determination of such arbitrator will be final and binding upon You and
Recon; and if involving court proceedings, will be submitted to and be subject to the jurisdiction of the
courts of the Province of British Columbia, with the losing party responsible for all costs and expenses,
including without limitation, court costs and reasonable legal fees and expenses. A judgment on the
award of the arbitrator may be entered into any court having jurisdiction over the party or parties against
whom an award may be issued and each of You and Recon agrees to and hereby waives any defences
against the enforceability and execution of any such judgment awarded by the arbitrator as hereby
contemplated. Judgment on the award of an arbitrator may be entered by any court having jurisdiction
over the person or property of the person against whom enforcement of the judgment is sought.
Page 35 of 39
Any and all disputes, controversy or claims arising out of or in connection with or in
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