any way relating to RagingWire's failure to
meet the Service Level Goals or any other failure or default by RagingWire in
any way relating to the Services (including any Supplemental Emergency Services)
or RagingWire's failure to perform or provide any Services hereunder. The
Parties further acknowledge and agree that the pricing and other terms contained
in this Agreement reflect and are based upon the intended allocation of risk
between the Parties as reflected in this Section 7.2 ("Service Level Goals") and
elsewhere in this Agreement, and form an essential part of this Agreement.
7.2.3 Maintenance . RagingWire will conduct scheduled maintenance of the Data
Center(s) and Services. In addition, RagingWire may be required to perform
emergency maintenance if an urgent, mission-critical, or other serious
maintenance situation arises. RagingWire and Customer agree to cooperate to
minimize adverse impacts to the other Party during such scheduled and emergency
maintenance.
7.2.4 Limitations . THE SERVICE LEVEL GOALS SET FORTH IN THIS SECTION 7.2
("SERVICE LEVEL GOALS") SHALL APPLY ONLY TO THE SERVICES PROVIDED BY RAGINGWIRE
PURSUANT TO A SLA AND DO NOT APPLY TO (1) ANY SUPPLEMENTAL EMERGENCY SERVICES,
AND (2) ANY SERVICES THAT EXPRESSLY EXCLUDE THE SERVICE LEVEL GOALS (AS STATED
IN THE APPLICABLE SLA). Except as stated ELSEWHERE in this Agreement to the
contrary, THIS SECTION 7.2 ("SERVICE LEVEL GOALS") STATES CUSTOMER'S SOLE AND
EXCLUSIVE REMEDY FOR ANY FAILURE BY RAGINGWIRE TO PROVIDE SERVICES AND/OR THE
PROVISION OF DEFECTIVE SERVICES.
7.3 Selection of RagingWire Supplied Equipment; Manufacturer Warranty. CUSTOMER
ACKNOWLEDGES THAT CUSTOMER HAS SELECTED THE RAGINGWIRE SUPPLIED EQUIPMENT BASED
UPON ITS OWN REVIEW AND EVALUATION OF SUCH EQUIPMENT AND CUSTOMER HAS NOT IN ANY
WAY RELIED UPON ANY RECOMMENDATIONS OR REPRESENTATIONS WHICH MAY HAVE BEEN MADE
BY RAGINGWIRE. RAGINGWIRE DISCLAIMS ANY STATEMENTS MADE BY RAGINGWIRE RELATING
THERETO. EXCEPT WITH RESPECT TO ANY EXPRESS WRITTEN WARRANTIES MADE IN THIS
AGREEMENT BY RAGINGWIRE FOR SERVICES RELATED TO RAGINGWIRE SUPPLIED EQUIPMENT,
CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER'S USE AND POSSESSION OF THE
RAGINGWIRE SUPPLIED EQUIPMENT SHALL BE SUBJECT TO AND CONTROLLED BY THE TERMS OF
ANY MANUFACTURER'S OR, IF APPROPRIATE, SUPPLIER'S WARRANTY AND INDEMNITY, AND
CUSTOMER AGREES TO LOOK SOLELY TO THE MANUFACTURER OR, IF APPROPRIATE, SUPPLIER
(AND NOT TO RAGINGWIRE) WITH RESPECT TO ALL MECHANICAL, ELECTRICAL, SERVICE AND
OTHER CLAIMS, INCLUDING, WITHOUT LIMITATION, WARRANTY AND INDEMNITY CLAIMS. THE
RIGHT TO ENFORCE ALL WARRANTIES AND INDEMNITIES MADE BY SUCH MANUFACTURER OR
SUPPLIER IS HEREBY, TO THE EXTENT RAGINGWIRE HAS THE RIGHT, ASSIGNED TO CUSTOMER
FOR THE DURATION OF CUSTOMER'S USE OF THE RAGINGWIRE SUPPLIED EQUIPMENT.
RAGINGWIRE PROVIDES NO WARRANTY OR INDEMNITY FOR ANY RAGINGWIRE SUPPLIED
EQUIPMENT, FOR PERSONAL INJURY, PROPERTY DAMAGES, INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OR OTHERWISE.
7.4 No Other Warranty. Except for the express warranties set forth in this
SECTION 7 or in a sla ("Ragingwire's warranties AND SERVICES LEVEL GOALS"), the
Services and the Ragingwire supplied equipment are provided on an "as is" basis,
and customer's use of the Services and/or the ragingwire supplied equipment is
at CUSTOMER'S own risk. RagingWire