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OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH
RESPECT TO THE JEPPESEN NAVDATA, OBSTACLE AND
TERRAIN
DATA
NONCONFORMANCE
ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR
CONFORMANCE WITH GOVERNMENT STANDARDS OR
REGULATIONS OF SUCH JEPPESEN NAVDATA, OBSTACLE
AND TERRAIN DATA OR OTHER THINGS PROVIDED
UNDER THESE TERMS AND CONDITIONS, INCLUDING BUT
NOT LIMITED TO:
MERCHANTABILITY,
FITNESS; (ii) ANY IMPLIED WARRANTY ARISING FROM
COURSE OF PERFORMANCE, COURSE OF DEALING OR
USAGE OF TRADE; (iii) ANY OBLIGATION, LIABILITY,
RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT
ARISING FROM THE NEGLIGENCE OF JEPPESEN; AND (iv)
ANY
OBLIGATION,
REMEDY FOR LOSS OF OR DAMAGE TO ANY AIRCRAFT.
Except to the extent that Jeppesen is liable under any express warranty
set forth herein, end-user will indemnify and hold harmless Jeppesen
and its subcontractors from and against all claims and liabilities
(including claims by third parties), and costs and expenses (including
attorneys' fees), incident thereto or incident to successfully establishing
the right to indemnification, for injury to or death of any person or
persons, including employees of end-user but not employees of
Jeppesen, or for loss of or damage to any property, including any
aircraft, arising out of or in any way relating to end-user's utilization
and/or processing of any Jeppesen Obstacle, Terrain or NavData or any
other things provided hereunder, whether or not arising in tort or
occasioned by the negligence of Jeppesen, except to the extent of any
obligation, liability, claim or remedy in tort due to the recklessness or
willful misconduct of Jeppesen.
indemnity will survive the expiration, termination, completion or
cancellation of these terms and conditions.
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. IN
NO EVENT SHALL JEPPESEN BE LIABLE TO END-USER OR
ANY
OTHER
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR
OTHER
DAMAGES
82046-PG-B1
PROVIDED
OR
DEFECT
(i) ANY IMPLIED WARRANTY OF
SATISFACTORY
LIABILITY,
PERSON
FOR
FROM
TORT,
ST3400H PILOT'S GUIDE
HEREUNDER
IN
QUALITY,
RIGHT,
End-user's obligations under this
INDIRECT,
CONTRACT,
AND
ANY
THE
DESIGN,
OR
CLAIM
OR
INCIDENTAL,
STRICT
Page 17-3
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