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AVIDYNE WAIVER, RELEASE AND INDEMNIFICATION

THIS DOCUMENT IMPACTS YOUR LEGAL RIGHTS

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BY PURCHASING THE AVIDYNE AEROPLAN EXTENDED WARRANTY I STATE THAT I HAVE READ AND THAT I AGREE TO THE FOLLOWING TERMS:

1. THIS AGREEMENT AND THE AEROPLAN EXTENDED WRITTEN WARRANTY ATTACHED TO THIS AGREEMENT AND PROVIDED BY AVIDYNE CORPORATION FOR ITS AVIATION PRODUCTS ARE EXCLUSIVE OF AND IN SUBSTITUTION FOR ANY OTHER REMEDY AVAILABLE UNDER THE LAW. I UNDERSTAND MY REMEDY ARISING OUT OF OR RELATED TO USE OF AVIDYNE AVIATION PRODUCTS FOR THE LIFE OF THE PROUCT IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT TO BE DETERMINED IN AVIDYNE'S SOLE DISCRETION.I HEREBY AGREE TO WAIVE, RELEASE, DISCLAIM AND RENOUNCE ANY OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS AGAINST AVIDYNE CORPORATION AND ITS OFFICERS, DIRECTORS, SUCCESSORS, ASSIGNS, INSURANCE COMPANIES, AGENTS, EMPLOYEES AND AFFILIATES (THE RELEASED PARTIES).
2. I HEREBY RELEASE AVIDYNE CORPORATION AND THE OTHER RELEASED PARTIES FROM ANY AND ALL LIABILITY, LOSS, INJURY, DAMAGE, COSTS, CLAIMS AND/OR CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO ALL CLAIMS FOR BODILY INJURIES AND PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THE USE OF SAID AVIATION PRODUCTS AND THE USE OF THE AIRCRAFT IN WHICH THE PRODUCT IS INSTALLED, WHETHER IN STRICT LIABILITY OR IN TORT, REGARDLESS OF HOW SUCH INJURY, DAMAGE OR LOSS MAY ARISE AND REGARDLESS OF WHETHER THE INJURY, DAMAGE OR LOSS IS OCCASIONED IN WHOLE OR IN PART BY THE NEGLIGENCE, NEGLECT OR FAULT OF ANY ONE OR MORE OF THE RELEASED PARTIES. NOTWITHSTANDING THE ABOVE, THIS PROVISION (2) SHALL NOT APPLY IF THE NATIONAL TRANSPORTATION SAFETY BOARD DETERMINES THAT A DEFECT IN AVIDYNE’S AVIATION PRODUCT WAS THE PROBABLE CAUSE OF THE ACCIDENT OR INCIDENT. ALL OTHER PROVISIONS OF THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT.
3. AVIDYNE CORPORATION AND THE RELEASED PARTIES WILL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF AVIDYNE), STRICT LIABILITY, OR OTHERWISE, FOR ANY INCIDENTAL, CONSEQUENTIAL, GENERAL OR SPECIAL DAMAGES.
4. IF THE NATIONAL TRANSPORTATION SAFETY BOARD DETERMINES THAT THE PILOT (THE PERSON OPERATING THE AIRCRAFT EQUIPPED WITH AVIDYNE AVIATION PRODUCTS, HERINAFTER "PILOT") WAS THE PROBABLE CAUSE OF AN ACCIDENT OR INCIDENT, AND PROVIDED THE ACCIDENT OR INCIDENT OCCURRED WHILE I HAD AN OWNERSHIP INTEREST IN THE ACCIDENT OR INCIDENT AIRCRAFT EQUIPPED WITH THE AVIDYNE AVIATION PRODUCTS, I WILL INDEMNIFY AND HOLD HARMLESS AVIDYNE CORPORATION AND THE RELEASED PARTIES FROM AND AGAINST ALL CLAIMS REFERRED TO IN THE PRECEDING PARAGRAPHS, AND PAY THE COSTS OF DEFENDING SUCH CLAIMS (INCLUDING ATTORNEY’S FEES), REGARDLESS OF WHETHER THE ALLEGED INJURY, DAMAGE OR LOSS IS OCCASIONED IN WHOLE OR IN PART BY THE NEGLIGENCE, NEGLECT OR FAULT OF ANY ONE OR MORE OF THE RELEASED PARTIES. THIS CLAUSE WILL NOT APPLY TO THE PERSON SIGNING THIS AGREEMENT PROVIDED THAT PERSON WAS NOT THE PILOT AND THE PILOT SIGNED AN AVIDYNE WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT.
5. THE LAW OF THE STATE OF DELAWARE SHALL GOVERN THE CONSTRUCTION AND ENFORCEMENT OF THIS AGREEMENT, AS WELL AS ALL ASPECTS OF THE PARTIES’ RELATIONSHIPS AND ANY DISPUTES THAT MAY ARISE BETWEEN THEM. ANY AND ALL DISPUTES OR CLAIMS THAT I OR MY HEIRS AND ASSIGNS MAY ASSERT AGAINST AVIDYNE CORPORATION SHALL BE SUBMITTED TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION WITHIN THE STATE OF DELAWARE.
6. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THIS CONTRACT SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION HEREOF. IF ANY OF THE COVENANTS OR AGREEMENTS IN THIS CONTRACT ARE DETERMINED TO BE UNENFORCEABLE, THEN THE PARTIES AGREE THAT ALL OTHER TERMS ARE TO REMAIN IN FULL FORCE AND EFFECT. image002.png(7). THIS AGREEMENT IDENTIFIED AS AVIDYNE WAIVER, RELEASE AND INDEMNIFICATION REV03-A SUPERSEDES AND REPLACES PRIOR VERSIONS OF THE AGREEMENT.