Enporion, Inc. Terms and Conditions

SUPPLIER MUST READ THIS AGREEMENT CAREFULLY. BY CLICKING "ACCEPT" BELOW, SUPPLIER AGREES TO BECOME A PARTY TO, AND BE BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT.

A. Term and Termination The term of this Agreement shall commence on the Effective Date of this Agreement and shall continue until terminated by either party, upon 30 days prior written notice by the terminating party.

B. Warranties and Liabilities THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ENPORION PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE AGREEMENT HEREUNDER. ENPORION AND SUPPLIER AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF ENPORION FOR DAMAGES (INCLUDING MULTIPLE CLAIMS) RELATED TO OR ARISING UNDER THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY AT ANY TIME, FOR ANY CAUSE OR CAUSES WHATSOEVER, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHERWISE, SHALL NOT EXCEED FEES ACTUALLY PAID TO ENPORION UNDER THIS AGREEMENT THAT ARE DIRECTLY ATTRIBUTABLE TO THE EVENT GIVING RISE TO THE CLAIM.

C. Confidential Information Each party acknowledges that by reason of its relationship to the other under this Agreement, it may have access to certain information and materials that are confidential and substantial value to such party ("Confidential Information"). Each party agrees to maintain in confidence all Confidential Information received from the other party, and not to disclose it to any third party without the written consent of the disclosing party, except as required by law. The Pricing of the Supplier is deemed Confidential Information. Confidential Information will not otherwise include information that is generally publicly available, is provided by a third party with no duty of confidentiality or is independently developed without use of Confidential Information.

D. Law and Venue This Agreement shall be governed by and construed under the laws of the State of Florida, without regard to conflict of laws provisions. The Parties accept and consent to the jurisdiction and venue of the Florida state courts of Hillsborough County, Florida for the purpose of any legal or equitable action arising under this Agreement.

E. Intellectual Property Rights. Any and all intellectual property rights created or developed in connection with the Integration, shall be reserved to and vested in Enporion

I agree to the Enporion Terms and Conditions listed above and have chosen to connect to the marketplace by the following method:

Order Manager Supplier.

Document Based Integration Supplier shall pay a onetime fee of $2,500 for Integration, invoiced upon acceptance, and payable within thirty (30) days of the date of Enporion's invoice.

Duke Energy's Terms and Conditions - Read

I agree to the Duke Energy Terms and Conditions.