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® , materials used in connection with any original utility purchaser's order are for the sole purpose of identifying product and shall not be construed as an express or implied warranty or guarantee.Any suggestions by Elster AMCO Water, its Business Partner or its agents regarding use,application or suitability of product shall not be construed as an express or implied guarantee or warranty unless confirmed to be such in writing by Elster AMCO Water. The laws of the State of Florida,excluding its conflicts of law rules,shall exclusively govern this guarantee. If any provision hereof, partly or completely,shall be held invalid or unenforceable,such invalidity or unenforceability shall not affect any other provision or portion hereof and these terms shall be construed as if such invalid or unenforceable provision or portion thereof had never existed. THE FOREGOING EXPRESS GUARANTEE IS IN LIEU OF ALL OTHER GUARANTEES OR WARRANTIES WHATSOEVER,WHETHER EXPRESS, IMPLIED OR STATUTORY(EXCEPT FOR WARRANTY OF TITLE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ORIGINAL UTILITY PURCHASER'S EXCLUSIVE REMEDY AND ELSTER AMCO WATER'S AND ITS BUSINESS PARTNERS'SOLE LIABILITY ON ANY CLAIM,WHETHER IN TORT(INCLUDING STRICT LIABILITY), NEGLIGENCE, CONTRACT,WARRANTY OR OTHERWISE, FOR ANY METER WHICH FAILS TO MEET THE TERMS OF THE GUARANTEE STATED ABOVE, SHALL BE LIMITED TO REPAIR OR REPLACEMENT AS DESCRIBED ABOVE. IN NO EVENT SHALL ELSTER AMCO WATER AND/OR ITS BUSINESS PARTNERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE, LOSS OF USE,COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS, DELAYS AND CLAIMS OFCUSTOMERS OF SUCH ORIGINAL UTILITY PURCHASER OR OTHER THIRD PARTIES. ElMer AMCO Water,LLC 1100 SW 39°Ave Ocala,Florida 34474 O 2012 Ester AMCO Water,LLC.AO rights reserved. evo0.-UGt02-12 IlOOO°o Tle elster ■