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ALL IMPLIED WARRANTIES,INCLUDING WITHOUT LIMITATION,(I) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
<br /> PARTICULAR PURPOSE,(II)WARRANTIES OF TITLE AND AGAINST INFRINGEMENT,AND(III)WARRANTIES ARISING FROM A COURSE
<br /> OF DEALING,USAGE OR TRADE PRACTICE_TO THE EXTENT ANY IMPLIED WARRANTY CANNOT BE EXCLUDED,SUCH WARRANTY IS
<br /> LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. ITRON AND ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT
<br /> SERVICES OR EQUIPMENT WILL BE FREE FROM BUGS,ERRORS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
<br /> ITRON ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION VIA CUSTOMER OR
<br /> THIRD PARTY WAN,CELLULAR OR OTHER PUBLIC COMMUNICATIONS OR BROADBAND SYSTEMS(INCLUDING OUTAGES,
<br /> DISCONTINUANCE,DEVICE NON-REACHABILITY,LOSS OR INACCURATE READING)OR FOR ANY CONSEQUENCES,LOSSES,OR
<br /> DAMAGES ARISING FROM CHANGES MADE BY CUSTOMER TO THE CONTENT OR PROGRAMMING OF EQUIPMENT(UNLESS CAUSED
<br /> BY A DEFECTIVE PRODUCT). THESE DISCLAIMERS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF
<br /> ANY LIMITED REMEDY PROVIDED UNDER THIS AGREEMENT.
<br /> 11. Intellectual Property
<br /> 11.1. Reservation of Intellectual Property.Subject to the limited rights expressly granted by Itron to Customer under this
<br /> Agreement:(i) Itron reserves all rights,title and interest in and to all of its Intellectual Property,and(ii)as between the Parties, Itron
<br /> owns all rights,title and interest in and to its Confidential Information and the products,services and related deliverables provided
<br /> by Itron under this Agreement.Subject to the limited rights expressly granted by Customer to Itron under this Agreement,Customer
<br /> reserves all rights,title and interest in and to all of its Intellectual Property,and(ii)as between the Parties,Customer owns all right,
<br /> title and interest in and to its Confidential Information and Customer Data.All rights,titles,and interests not specifically and
<br /> expressly granted by either Party hereunder are hereby reserved.
<br /> 11.2.Customer Suggestions. Itron shall have a royalty-free,worldwide,irrevocable,perpetual license to use and incorporate into
<br /> any products and services any suggestions,enhancement requests,recommendations or other feedback provided by Customer.
<br /> 12.Third-Party Claims.
<br /> 12.1.General Against Customer.Itron will defend Customer against any Claim,and will pay for the resulting costs and damages
<br /> finally awarded against Customer to the third-party claimant by a court of competent jurisdiction or agreed to in settlement by Itron,
<br /> arising from or related to:(i)personal bodily injury,death,or damage to tangible personal property or real property,to the extent
<br /> caused by the negligence of Itron,or(ii) infringement,misappropriation or violation of any third-party Intellectual Property within
<br /> the Territory by any products or services developed by Itron and provided to Customer under this Agreement. If Itron receives notice
<br /> of an alleged infringement by any products or services,or if Itron reasonably believes that an infringement Claim is likely,Itron may
<br /> stop delivery of the affected products or services without liability for failure to deliver them. Itron will have the right,at its sole
<br /> option,to obtain the right for Customer to continue use of the affected products or services,or to replace or modify the affected
<br /> products or services so that they are no longer alleged or believed to infringe,if it can be done without significant loss of
<br /> functionality. If neither of the foregoing options are available to Itron on commercially reasonable terms,Itron may terminate
<br /> Customer's use of the affected products or services without further liability under this section,in which case Itron will refund to
<br /> Customer the depreciated value of the affected product and any prepaid unused portion of the affected service.
<br /> Itron will have no obligation under Section 12.10i)for any Claim arising from or related to:(a)the combination,operation or use of
<br /> any product or service provided by Itron with any product or service not provided by Itron,(b)any modification to products or
<br /> services made either without Itron's prior written consent or by a person other than Itron or an authorized representative of Itron,(c)
<br /> failure to use updated or modified products or services as provided by Itron,(d)any use of any release of Itron software or any
<br /> firmware other than the most current release made available to Customer,(e)any use of products or services not in accordance
<br /> with this Agreement and applicable Documentation,(f)Itron's compliance with any designs,specifications,or instructions provided
<br /> by Customer,or(g)any use of any wireless or satellite data services
<br /> 12.2.Claims Against Itron. Customer will defend Itron against any Claim,and will pay for the resulting costs and damages finally
<br /> awarded against Itron to the third-party claimant by a court of competent jurisdiction or agreed to in settlement by Customer,
<br /> arising from or related to:(i)personal bodily injury,death,or damage to tangible personal property or real property,to the extent
<br /> STANDARD NAM Cellular AMI (Water& Gas)
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