ii.

EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS

UNDER SECTION 14(b) ABOVE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY
WAY ARISING OUT OF OR AS A RESULT OF THE LAB CERTFICATION PROGRAM, THE
CERTIFICATION REQUIREMENTS, THE PVP, THE STANDARD, ANY PARTICIPANT, ANY
APPROVED LAB, THE TRADEMARKS, AND/OR THIS AGREEMENT, WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE,
PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY
LOSS ARISING OUT OF THE SERVICES, OR THE SALE OF OR INABILITY TO SELL THE
TESTING SERVICES TO PARTICIPANTS, EVEN IF IT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

15. Insurance. Each Party shall obtain and maintain during the Term of this Agreement a
commercial general liability or professional liability insurance policy, and Company shall
ensure that such policy fully covers each Approved Lab; provided, however, that both Parties
shall have sixty (60) days from the Effective Date to obtain such policy. Each Party's
commercial general liability or professional insurance policy, as applicable, shall provide for
at least $5 million in the aggregate in coverage for claims of negligence and other conduct
customarily covered in such a Policy. The Parties shall provide each other with a certificate
evidencing such insurance within sixty (60) days after the Effective Date, and from time to
time thereafter, as reasonably requested by a Party.

16. Compliance with Laws. Each Party warrants that it shall comply, at its own expense, and shall
use commercially accepted practices to ensure the compliance of its contractors (and Company shall
ensure the compliance of each Company Lab), with all applicable laws, ordinances, rules, regulations, and
other requirements of all governmental authorities and agencies having jurisdiction relating to each
Party’s respective activities under this Agreement. In addition, Company solely shall be responsible and
liable for complying, and ensuring that each Company Lab complies, with any applicable laws, rules,
regulations, and other requirements within the Territory in connection with using a certification mark, and
the sale and provision of the Services. If the approval of any governmental agency is required before this
Agreement is enforceable by The Project, then such approval is a condition precedent to this Agreement’s
validity. To the extent applicable to Company and each Company Lab, and their subcontractors, without
limiting the generality of the foregoing, Company warrants that it shall strictly comply with the United
States’ Fair Labor Standards Act, and/or any other labor laws and regulations within the Territory, and
shall take all necessary steps to ensure compliance with such laws and regulations by each Company Lab
and all third-party contractors that are retained by Company or any Company Lab to provide the Services
or any part thereof; provided, however, that Company understands and agrees that Company must obtain
the Project’s prior written consent before outsourcing or using any subcontractor to provide any Services
hereunder to the Project or any Participant. (For the avoidance of doubt, in this Section 16,
“subcontractor” means a third-party individual or entity to which Company or any Company Lab
outsources the Services, in whole or in part, as opposed to an individual working for Company or a
Company Lab as a contractor (rather than as an “employee”).)

17. Notices. All notices, consents and other communications under or regarding this Agreement
shall be in writing, and delivered to each of the Parties at their respective addresses set forth in the first
paragraph of this Agreement or email addresses in the signature blocks below, and will be deemed to have
been received on (i) the earlier of the date of actual receipt, (ii) three days after being mailed by first
class, postage pre-paid, certified mail, return receipt requested, or (iii) if by next-day delivery service,
upon such delivery. Any notice may be given by email, provided that t h e r e c i p i e n t
confirms receipt of the email.

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