Revere Electric Supply - Service Policy

Warranties

Buyer understands that Revere is not the manufacturer of the products purchased by Buyer from Revere and the only warranties offered are those of the manufacturer, not Revere or its affiliates. Revere will use its best efforts to obtain from each manufacturer, in accordance with the manufacturer's warranty or practice, the repair or replacement of products that may prove defective in material or workmanship. THE FOREGOING WARRANTY AND REMEDIES ARE EXCLUSIVE AND MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REVERE DOES NOT ASSUME OR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH ITS PRODUCTS.

Limitation of Liability

In the event of any liability incurred by Revere or any of its affiliates, the entire liability of Revere and its affiliates for damages from any cause whatsoever will not exceed the net purchase prices of any such product giving rise to the claim, or to the repair or replacement of such product. Revere, its affiliates, or its suppliers, will under no circumstances be liable for any special, incidental, indirect, consequential, punitive damages, including, but not limited to back charges, labor costs, costs of removal, testing or installation, loss of efficiency, lost profits or any other revenues, loss of the use of the product or any related or associated product, damage to associated products, lateness or delay in delivery, downtime, or claims from Buyer's customers or other parties.

Confidential Information

"Revere Confidential Information"includes any and all information Revere discloses or provides to Buyer in connection with this Agreement, products sold from Revere to Buyer pursuant to this Agreement, or that is otherwise acquired by Buyer from Revere, including without limitation, materials, methods, processes, techniques, facilitator guides, or other information in any form now known or later developed; provided

• such information has been marked or made known as confidential or proprietary, or
• due to its character and nature, a reasonable person under like circumstances would treat as confidential.

"Buyer Confidential Information" includes any and all information Buyer discloses or provides to Revere in connection with this Agreement, products sold from Revere to Buyer pursuant to this Agreement, or that is otherwise received by Revere from Buyer. Buyer Confidential Information disclosed or provided in writing shall be marked by the Buyer as confidential or proprietary or if verbal or otherwise shall be made known by the Buyer to Revere that it considers such information as confidential.

Confidential Information does not include information which either Revere or Buyer, as the case may be, can reasonably demonstrate by written records

• was already known to the other at the time of disclosure;
• is or becomes publicly known through no wrongful act or failure of the other or others similarly obligated to Revere or Buyer; or
• was independently developed by the other without the benefit of other's Confidential Information.

Buyer will hold all Revere Confidential Information in confidence and will not disclose the Revere Confidential Information to any third party. Buyer will protect such Revere Confidential Information at all times in the same manner as Buyer protects the confidentiality of its own proprietary and confidential materials but in no event with less than a reasonable standard of care. Buyer will not use such Revere Confidential Information commercially for its own benefit or for the benefit of anyone else. Buyer may comply with a court order compelling production of Revere Confidential Information, but Buyer must give Revere prompt prior notice and use reasonable efforts to obtain a protective order or other reliable assurance that the Revere Confidential Information will be given confidential protection. Upon request by Revere, or immediately upon termination of this Agreement, Buyer will deliver to Revere all Revere Confidential Information and all copies thereof (and all other property obtained from or through Revere). Buyer's obligation hereunder shall survive termination or expiration of this Agreement.

Revere will hold all Buyer Confidential Information in confidence and will not disclose the Buyer Confidential Information to any third party. Revere will hold all Buyer Confidential Information in confidence and will not disclose the Buyer Confidential Information to any third party. Revere will protect such Buyer Confidential Information at all times in the same manner as Buyer protects the confidentiality of its own proprietary and confidential materials but in no event with less than a reasonable standard of care. Revere will not use such Buyer Confidential Information commercially for its own benefit or for the benefit of anyone else. Revere may comply with a court order compelling production of Buyer Confidential Information, but Revere must give Buyer prompt prior notice and use reasonable efforts to obtain a protective order or other reliable assurance that the Buyer Confidential Information will be given confidential protection. Upon request by Buyer, or immediately upon termination of this Agreement, Revere will deliver to Buyer all Buyer Confidential Information and all copies thereof (and all other property obtained from or through Buyer). Buyer's obligation hereunder shall survive termination or expiration of this Agreement.