The following terms and conditions are incorporated into ANY agreement between QSGI Inc. (“QSGI”) and any third party relating to data erasure or asset disposal in the event the Customer chooses erasure which is either not compliant with DOD 5220.22M or erasure which does not meet QSGI’s minimum technical standards for erasure (i.e less than a three times overwrite):

(A) WAIVIER OF WARRANTIES AND CUSTOMER INDEMNITY. QSGI MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING ITS WORK OR SERVICES, FURTHERMORE, CUSTOMER AGREES TO INDEMNIFY AND HOLD QSGI HARMLESS OF ANY SUMS (INCLUDING ATTORNEY’S FEES AND COSTS, WHICH IN ANY WAY RELATE(S) QSGI’S WORK OR SERVICES, ALL WHETHER INCURRED AT PRE-TRIAL, TRIAL OR ANY APPELLATE LEVEL) RELATING TO ANY CLAIMS MADE UPON QSGI, EXPENSES INCURRED BY QSGI, LOSSES SUFFERED BY QSGI OR LIABILTY IMPOSED UPON QSGI, ALL WHICH IN ANYWAY RELATE(S) TO QSGI’S WORK OR SERVICES.

(B) Limitation of Liability. In no event SHALL QSGI be liable to the customer or any THIRD PARTY for lost profits or ANY other special, incidental, consequential, punitive or DIRECT indirect damages OR LOSS arising out of or relating to QSGI’S work or services (including attorney’s fees and costs) all, however, caused, or under any theory of liability. These limitations will apply even iF QSGI has been advised of the possibility of such CLAIMS PRIOR TO THE DATE OF THIS AGREEMENT OR ANY TIME HEREAFTER.