26.  SCOPE OF WORK/CHANGE ORDERS.

The Contractor will supervise and complete the Work in accordance with the Exhibit A. Any modifications, additions, or deletions to the scope must be documented in a written Change Order signed by both parties. Each Change Order will clearly state the scope, cost adjustment, and any impact on progress payments or milestone dates. The Contractor may make minor adjustments to the Work that do not affect cost, time, or quality, and will notify the Owner of such adjustments. Payment for approved extra work is due as the work progresses, concurrently with other progress payments, and in all events no later than five (5) business days after completion, unless otherwise agreed in writing. The Contractor is not required to perform extra work without prior written authorization and agreed terms, but may recover payment for extra work performed under applicable legal or equitable principles if the paperwork is incomplete. If a change requested by the Contractor is essential to the progress or proper execution of the Work and the Owner declines to approve it within the required time, that portion of the scope shall be automatically and permanently removed from Contractor’s responsibility without further writing or signature, and shall become the Owner’s sole obligation to complete at their own expense. The Contractor will continue all remaining agreed Work and retains the right to full payment for completed milestones. The Owner shall not interfere with or delay Contractor’s performance because of such removal. The Contractor may decline Owner-requested extras if terms are not agreed. In such cases, the original scope continues unchanged, and the Owner may not delay or withhold payments.

27.     FALLING MATERIALS / SAFETY RISK

Owner acknowledges that during and after installation, materials such as roofing elements, fasteners, or building components may loosen or fall. Contractor cannot secure the entire premises, and any person present does so at their own risk. Contractor shall have no liability for injury, death, or property damage resulting from such hazards. Owner shall hold Contractor harmless and indemnify Contractor as provided in the Indemnification clause of this Agreement.

28.     UTILITY USAGE

Owner shall provide Contractor with reasonable access to and use of all necessary utilities (including electricity, water, and internet) at no cost. Contractor shall have no obligation to reimburse Owner for such usage. Owner shall hold Contractor harmless and indemnify Contractor as provided in the Indemnification clause of this Agreement.

29.     CONTRACTOR LEGAL TERMS, INSURANCE, AND TAX OBLIGATIONS

This Agreement shall be governed by the laws of the State of California, and any dispute or controversy arising in connection with it shall be resolved in a competent California State Court. In the event of any such action, the prevailing party shall be entitled to recover its actual costs, including attorney’s fees and consultant fees. The Contractor shall maintain Worker’s Compensation and General Liability Insurance, and shall be responsible for paying all Social Security benefits and Unemployment Compensation Taxes required by applicable law on the labor and materials furnished under this Agreement. The Contractor retains the sole right to select and engage any subcontractors or other contractors necessary to perform the Work.

30.     HAZARDOUS MATERIALS

If Contractor determines that hazardous materials testing is advisable or required by law, Contractor may retain qualified subcontractors to perform such testing. Contractor shall first pay such fees, and Owner shall reimburse Contractor in full within five (5) business days after receipt of invoice. If hazardous materials are discovered and abatement is required, Contractor shall obtain quotes from qualified abatement subcontractors, and, upon Owner’s written approval, engage such subcontractors to perform the required abatement work. Contractor shall first pay such fees, and Owner shall reimburse Contractor in full within five (5) business days after receipt of invoice. Discovery of hazardous materials shall excuse any delays. Owner shall hold Contractor harmless and indemnify Contractor as provided in the Indemnification clause of this Agreement.

31.     CERTIFICATE OF COMPLETION

No certificate of completion, inspection approval, or acknowledgment from any governmental authority, public agency, homeowners’ association, or other third party is required as a condition of any progress payment under the Detailed Installation Progress Payment Schedule or for final completion of all milestones. Owner shall hold Contractor harmless and indemnify Contractor as provided in the Indemnification clause of this Agreement.

32.     CUTTING AND PATCHING

The color, texture, and planes between existing and new materials might not match exactly. Contractor will use due diligence to create the best match possible. Owner acknowledges that patched surfaces may be detectable when construction is complete. Such variations shall not be considered defects, and Owner shall not be entitled to withhold any progress payment, demand correction, or impose any penalty, offset, or deduction based on such aesthetic differences.

33.     REPAIRS AND MODIFICATIONS.

After installation of the System is complete, Owner may desire future repairs, modifications or assistance with the System, such as if Owner is having painting or remodeling done on the Property. If Owner desires to hire Contractor to perform such future work, the parties will complete and sign a Future Work Order-Exhibit F.” This Amendment is prepared and executed pursuant to its terms, and any and all terms and conditions of the Agreement not modified herein remain in full force and effect. The validity and enforcement of this Amendment is contingent upon its execution by Owner, and FireShield Parties. To the extent this Amendment is not executed by all of the parties, this Amendment shall be void. The parties represent and warrant that: (i) they have not assigned or transferred the Agreement; and (ii) they have full power and authority to enter into this Amendment and perform the commitments and promises made herein by them.

34.     INTELLECTUAL PROPERTY

FireShield and its licensors own and retain all rights, title, and interest, including without limitation all patent, copyright, trade secret, mask work, trademark, databases, sui generis database, design, and other intellectual and industrial property rights worldwide (“Intellectual Property Rights”) in and to the System, including the Controller, associated hardware, software, firmware, GUI, monitoring systems, circuitry, documentation, specifications, applications, cloud services, algorithms, know-how, and derivative works (“Protected Technology”). All Intellectual Property Rights remain the exclusive property of FireShield; no title or ownership transfers to Owner, and no rights are granted except the limited right to use the Protected Technology as integrated into the System at the Property for purposes expressly permitted herein. All other rights are reserved, and no licenses are implied.

Owner shall not, without FireShield’s prior written consent:

1.     Remove, obscure, or alter any copyright, trademark, proprietary, or confidentiality notice.

2.     Disassemble, reverse engineer, modify, adapt, or otherwise attempt to access internal components, source code, firmware, or design.

3.     Capture images or scans of any component, except for installation verification expressly approved by FireShield.

4.     Transfer, lease, loan, sell, gift, relocate, or otherwise make the Protected Technology available to any third party.

5.     Use the Protected Technology at any location other than the Property or in violation of applicable law, safety protocols, or technical specifications.

Any unauthorized removal, relocation, or handling is a material breach, voids all warranties, and renders Owner liable for all actual, consequential, and statutory damages, including for infringement or misappropriation, plus all enforcement costs. FireShield may immediately suspend or terminate any service, maintenance, or support, and such damages shall be immediately due upon written demand, enforceable by lien, security interest, or other lawful means. Loss, theft, damage, destruction, or unauthorized access—whether intentional, accidental, or by act of God—constitutes an immediate material breach. Owner acknowledges that violations cause irreparable harm entitling FireShield to injunctive relief, specific performance, seizure, impoundment, statutory damages, and recovery of attorneys’ fees and costs, without the need to post bond or prove actual damages.

35.     OPTIONAL SUBSCRIPTION TERMS

The System can be manually operated upon installation and activation through registration, although functionality is limited. To gain access to substantial additional benefits offered by Supplier through its website and/or the Supplier App, including the ability to remotely activate and deactivate the System (“Subscription Services”) you must first subscribe to the Subscription Services on Exhibit B (“Subscribe”), as may be amended from time to time.

36.     SYSTEM DATA AND REMOTE ACCESS
The System and Controller transmit operational and diagnostic data (“Controller Data”), including geolocation, device identifiers, status, performance metrics, and usage logs. All Controller Data is the sole property of FireShield and may be used for lawful purposes such as monitoring, support, updates, compliance, and contract enforcement. Owner authorizes FireShield and its service providers to remotely access, update, modify, or control the System as needed, with or without notice. Owner expressly waives all privacy, confidentiality, and data-protection claims to the fullest extent permitted by law. FireShield does not guarantee the availability, accuracy, or completeness of Controller Data, which may be delayed, corrupted, or lost due to connectivity, power, third-party outages, or other factors. Owner waives any right to demand, subpoena, or compel Controller Data, except as ordered by a court in a criminal case against FireShield. This clause survives termination or completion and prevails over any conflicting term.

37.     SYSTEM CHANGES AND FUTURE TERMS
FireShield may, in its discretion, modify, update, replace, or discontinue any feature, component, software, third-party integration, or service of the System. Such changes may affect performance, require Owner to obtain compatible parts at their own expense, or alter interoperability with other products. No refund, credit, offset, withholding, or delay in payment is permitted for such changes, and they do not constitute a defect, breach, or non-performance. System Changes do not affect Owner’s obligation to pay for completed milestones. All specifications, limitations, and policies posted on FireShield’s website (“Online Terms”) are incorporated into this Agreement upon posting, whether reviewed by Owner or not. Continued use of the System constitutes acceptance of such Online Terms.

38.     SYSTEM DESIGN AND GENERAL LIMITATIONS

The System is provided “as is” based on information available at the time of design and installation. No FireShield Party guarantees that the System will eliminate wildfire risk, operate without defects, or meet all Owner expectations. Components are interdependent, and the failure of one may damage others and require partial or full system replacement, without liability to FireShield. The System may include flaws, omissions, or suboptimal design choices; may leave hazards unaddressed; and may require additional wildfire-hardening measures outside this Agreement. Potential outcomes include property loss, smoke or water damage, foam residue damage, injury, death, reputational or economic harm, or other losses. Any oral or written statements about performance or suitability are opinions only, not warranties. Owner represents that they had the opportunity to research and consult before purchase, and voluntarily assumes all risks inherent in the System’s selection, design, and use. Alleged limitations or design issues do not constitute a defect or breach.

39.     ACTIVATION, CONNECTIVITY, AND DATA LIMITATIONS

The System may activate too early, too late, or for reasons unrelated to fire, including but not limited to cyberattacks, hacking, environmental factors, software bugs, data corruption, sensor errors, or user error. Such activations may waste water or foam, cause property damage, or reduce the System’s ability to respond to later events. Activation depends on third-party wildfire data, GPS, cellular, wireless, satellite, or short-burst data (SBD) services, all of which may be inaccurate, delayed, or unavailable. Polling intervals, timing delays, or processing bottlenecks may also cause missed or delayed activations. Software, firmware, sensors, cloud infrastructure, and communications may fail or degrade even when other parts function. Fire data displayed in any app is for visualization only, is incomplete and not real-time, and should not be relied upon as a detection system. These limitations are not defects or breaches and provide no basis for refund, offset, withholding, or delay in payment. Owner assumes all risks of such limitations.

40.     MOBILE APP, SUBSCRIPTION, AND REMOTE SERVICES

All amounts paid for the System and Installation are non-refundable under all circumstances, including dissatisfaction, loss of features, or service discontinuation. These payments cover physical equipment and labor only. Remote activation, monitoring, automated activation, mobile App access, text messaging, or cloud-based services are provided only under a separate subscription, if purchased. Payment of a subscription does not create any right to continued service. FireShield may alter, suspend, or discontinue such services at any time, for any reason (including business changes, obsolescence, or FireShield’s discontinuance), with or without notice, and without obligation to reinstate or provide alternatives. Any loss or change of service is not a defect or breach and provides no right to offset, delay, or withhold payment. The only refund available is the unused portion of any prepaid subscription fee.

41.     BACKFLOW PREVENTION DEVICE

As part of the System, a backflow prevention device may be required or recommended to be installed to separate the System from the domestic water to the Property. Backflow device testing may be required upon installation and each year after by a certified backflow tester. Notices of annual testing may be provided by the local water agency as a reminder to annually test the backflow prevention device. You are solely responsible for scheduling and obtaining any such inspections.

42.     ​ CALIFORNIA PROPOSITION 65 WARNING

This product can expose You to chemicals including petroleum product chemicals which is known to the State of California to cause cancer, and other chemicals, which are known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.

43.     NO MONITORING

Owner is solely responsible for continuously monitoring the status, connectivity, and performance of the System. FireShield does not provide monitoring services of any kind. The System requires constant, proactive oversight by Owner to ensure proper operation. Signals will not transmit if any transmission path or component is impaired, disabled, damaged, misconfigured, obstructed, relocated, or otherwise inoperable, including due to loss of power, depleted batteries, faulty parts, physical damage, network failure, interference, environmental factors, cyberattacks, or changes to telecommunications, internet, cellular, or satellite infrastructure. Proper operation depends on the continuous availability of third-party services such as electricity, water supply, and communications networks, the failure of which may cause the System to fail or perform improperly. Any such failure or interruption—whether foreseeable or unforeseeable, and whether or not FireShield has been advised of the possibility—does not constitute a defect or breach by FireShield. Owner assumes all risk and responsibility for monitoring and maintenance and waives, releases, and shall indemnify FireShield against all claims, losses, or liabilities arising from any such condition.

44.     CONSENT TO DISTRIBUTION OF INFORMATION

You are providing Supplier with certain personal information in connection with registering the System and, if applicable, signing up for the Subscription Services. You hereby agree that Supplier may provide the information to any necessary third parties, as determined by it in its reasonable discretion, with access to such information provided by You in connection with this Agreement. This distribution of information is for the purposes of monitoring and maintaining the Controller and offering the Subscription Services and excludes sharing data with third parties for advertising or marketing purposes. This information may include locational data, including address and GPS information, and operational data from the Subscription Services and the Controller including temperature, water flow and pressure. To the fullest extent allowed by law You hereby release Supplier and its Related Parties (defined below) from all liability which may arise out of its disclosure of such information. Notwithstanding the foregoing, Supplier may de-identify any data collected and information received for any business-related purpose.

45.  LIENS

Acceptance of this Agreement by Owner constitutes notice from Supplier and Contractor to Owner of their respective rights to record and enforce a mechanic’s lien, serve a stop payment notice, or assert a payment bond claim under applicable California law, including but not limited to California Civil Code §§ 8000–9566 and California Business & Professions Code § 7159(e)(4), relating to contractor’s, laborer’s, material supplier’s, or equipment lessor’s liens against the Job Site should payment not be made in accordance with the terms of this Agreement. Owner is further advised that, in accordance with California Civil Code §§ 8100–8118, if Supplier, Contractor, or any subcontractor, laborer, material supplier, or equipment lessor providing labor, services, equipment, or materials for the Work serves a Preliminary Notice, the Job Site may be subject to a mechanic’s lien or stop payment notice unless all persons or entities furnishing labor, services, equipment, or materials have been fully paid in accordance with applicable law.

46.     SCOPE, EXECUTION, AND COMPLETION

Contractor’s obligations are limited to the items described in Exhibit A and approved Change Orders. If additional work or modifications are required due to site conditions, safety, or other factors, Contractor may issue a Change Order. If declined, the affected item is omitted without penalty to Contractor. Contractor may resequence Work in its discretion. For payment purposes, a milestone is deemed complete once the physical installation of its items has occurred. Payment is not conditioned on the System being operational, functional, tested, activated, integrated, or achieving any result. No payment may be delayed, reduced, or withheld due to:

·       differences between design assumptions and field conditions;

·       spray pattern, spray distance, coverage area, or water pressure;

·       brand, model, version, or manufacturer substitutions;

·       location, height, orientation, or configuration of installed items;

·       commissioning, calibration, programming, integration, connectivity, or third-party services.

Final completion is achieved when all milestone items that could reasonably and safely be installed have been installed, or omitted under a declined Change Order. At that point, the Project is deemed delivered and Contractor’s obligations fulfilled, regardless of whether the System is operational, commissioned, or meets any performance outcome. Any further programming, commissioning, or integration is separately billable.

47.     DESIGN EVOLUTION AND SYSTEM SUFFICIENCY. 

Owner acknowledges that all drawings, layouts, zone counts, component lists, and descriptions provided before or at contract execution are preliminary only. The proposed System may not be sufficient as initially described, and the final design, as well as conditions discovered during installation, commissioning, or testing, may require increases, decreases, substitutions, or upgrades in equipment, materials, or specifications. Such adjustments may arise from factors that are obvious or not apparent until later stages. Any required changes will be documented by Contractor through a change order, and Owner agrees to approve and pay for such changes as essential to proper System performance. These variations form part of this Agreement and do not constitute a breach, defect, or nonconformity by Supplier or Contractor.

48.     WATER SOURCE AND USAGE

The System requires water from a source provided by Owner. Owner is solely responsible for ensuring adequate supply and paying all related costs. Contractor shall not be responsible for any water bills, surcharges, or penalties. Owner shall hold Contractor harmless and indemnify Contractor as provided in the Indemnification clause of this Agreement.

49.     UNAUTHORIZED TAMPERING

Any unauthorized access to, tampering with, modification of, or interference with the System shall void all warranties and service obligations. Contractor may, without testing or inspection, require replacement of all or part of the System at Owner’s expense. Owner shall hold Contractor harmless and indemnify Contractor as provided in the Indemnification clause of this Agreement.

50.     APPEARANCE AND PROPERTY IMPACT

Owner acknowledges the System includes permanent, visible exterior components (e.g., roof rotors, eave sprays, wall devices, control boxes, tanks, pipes, sensors) and that installation, testing, activation, water, foam, overspray, runoff, or residue may cause aesthetic or physical changes. These may include discoloration or staining; fading, streaking, spotting, or bleaching; warping, cracking, swelling, buckling, or other structural weakening or compromise; color mismatch or other aesthetic inconsistency; and damage or alteration to roofing, siding, masonry, stucco, concrete, wood, glass, paint/coatings, metals, composites, landscaping, or other materials—whether or not correctable. Resulting effects may also include loss of view or enjoyment, restriction of use, market value impacts, impacts to architectural or historical character, prestige, or desirability, changes to insurability (including increased cost or denial), and reputational, emotional, or psychological impacts. Installed equipment may protrude into walkable or occupiable areas. Owner assumes all responsibility for safety around such equipment, and Contractor/Supplier have no liability for incidental contact, snagging, entanglement, bodily injury, or property damage arising from proximity or interaction. All such outcomes are inherent risks of the Work and do not constitute defects or non-performance. Payment may not be withheld, reduced, or offset, and Owner may not demand removal based on these outcomes. Owner assumes these risks and shall indemnify, defend, and hold Contractor/Supplier harmless from any related claims, losses, or expenses.

51.     COMMUNITY AND PROPERTY STANDARDS ACKNOWLEDGMENT

Owner acknowledges that installation of the System may involve exterior elements that may affect the visual appearance of the Property, including roof-mounted rotors, eave sprays, wall-mounted equipment, control units, and similar visible features. While every effort is made to keep the design as discreet and integrated as possible, these components may be subject to existing or future property guidelines, architectural standards, or aesthetic rules imposed by homeowners' associations (HOAs), neighborhood committees, planned developments, or municipal authorities. Owner confirms that they have considered any applicable rules, consulted relevant materials, and are fully aware of the possibility that such guidelines or future changes in policy could require adjustments to, or even removal of, certain System components. Any potential costs, changes, or obligations resulting from such requirements shall be the sole responsibility of Owner. Contractor and Supplier enter into this Agreement in full reliance on Owner’s understanding and preparation regarding any community or jurisdictional requirements affecting the Property. Owner agrees to hold Contractor and Supplier harmless and to indemnify them from any claims, actions, or expenses resulting from any third-party rules, standards, or decisions, in accordance with the indemnification provisions of this Agreement.

52.     WATER DISCHARGE AND COMPLIANCE

Owner acknowledges that the System may activate manually or automatically, discharging water through roof rotors, eave sprays, wall nozzles, or other components during testing, fire events, false alarms, or other conditions. Discharge may cause damage to the Property—whether or not a fire is present—including flooding, water intrusion, roof or siding damage, saturation of structural or interior materials, microbial growth, mold, or loss of habitability. Such damage may, in some cases, exceed potential fire damage and may affect insurance coverage, claims, renewals, or payouts. Water may also impact third parties, including persons, property, infrastructure, or public/common areas, and may cause bodily injury, loss of life, emotional distress, or property damage. Contractor and Supplier disclaim all liability for any such third-party impacts or insurance consequences. The System is designed to run until manually shut off or water sources are exhausted, and may continue despite shutdown attempts due to malfunctions, connectivity loss, or power failure. Prolonged operation may result in high-volume water use, even without fire, and may violate drought rules, conservation orders, HOA rules, or government restrictions. The System’s operation or mere presence may require permits or authorizations, which may change or be revoked without notice. Owner is solely responsible for investigating, obtaining, and maintaining all required licenses, permits, and approvals, and for ensuring compliance with all legal, regulatory, or contractual restrictions. Contractor and Supplier have no duty to monitor, advise, or secure such compliance. Owner assumes all risks of the System’s discharge, operation, or regulatory status and shall hold Contractor and Supplier harmless and indemnify them against all claims, losses, penalties, liabilities, costs, or expenses (including attorneys’ fees) arising from water discharge, extended operation, third-party impacts (including bodily injury, loss of life, emotional distress, or property damage), insurance outcomes, or actual/perceived noncompliance. This provision survives completion of all milestones and termination of this Agreement.

53.     ROOF AND EXTERIOR WORK CONDITIONS

Owner acknowledges that installation may require roof access (including walking, drilling, anchoring, and related work) and penetrations into roofs, walls, eaves, soffits, fascia, and similar assemblies. Roofs may have pre-existing or latent defects, deterioration, or weaknesses that cannot always be distinguished from installation effects. Such work, whether performed correctly or not, can cause or reveal leaks, moisture intrusion, staining, swelling, cracking, delamination, structural weakening, loss of waterproofing, or other deterioration to exterior or interior assemblies. Secondary consequences may include microbial growth (including mildew or black mold), odor, corrosion, rot, reduced air quality, damage to contents, or structural compromise. Contractor and Supplier have no responsibility or liability for any such leaks, damage, or consequences—whether pre-existing, latent, concurrent, progressive, alleged to arise from design, methodology, workmanship, materials, placement, omission, or natural effects of the System (including thermal expansion, hydraulic movement, or wear over time). Any leaks or damages, before, during, or after work, are solely Owner’s responsibility and must be repaired at Owner’s expense, including all investigation, testing, remediation, drying, mold abatement, replacement, or repair. Owner must, at their cost, assess roof condition in advance (including consultation with a licensed roofer), provide any required spare materials for fragile or discontinued products, and notify Contractor in advance if roof access is not permitted. If unsafe, fragile, or unsound conditions are discovered, or if extra work or materials are required, Contractor may issue a Change Order; if declined, related work will be omitted without liability, while Contractor continues other Work and bills accordingly. Contractor does not provide roofing services during or after installation, and roof maintenance remains Owner’s sole responsibility. Owner’s agreement to this Section and all related provisions shall be deemed irrevocably established by any of the following: signing this Agreement; allowing or not preventing Contractor’s personnel to access the Property or roof; failing to provide timely written and physical objection; or otherwise not physically blocking Contractor’s access or performance. Any such conduct constitutes full and final acceptance of the design, methods, associated risks, and obligations under this and all other applicable clauses, even if Owner later objects or disagrees. Owner assumes all risks—known or unknown—relating to roof access, penetrations, leaks, damage, movement, or structural effects. No claim, offset, holdback, diminution of value, or delay in payment shall arise from or relate to such matters. Owner shall indemnify, defend, and hold Contractor and Supplier harmless from any related claims, losses, damages, liabilities, costs, or expenses (including attorneys’ fees). This allocation of risk applies regardless of inspection, approval, code compliance, or subsequent performance, and shall survive completion and termination of this Agreement.

54.     OWNER’S RESPONSIBILITIES AND REPRESENTATIONS

Owner is solely responsible for securing financing and all related fees, charges, or costs (including lender inspection fees). Lender nonperformance does not affect Owner’s obligations to Contractor or Supplier. Owner authorizes any lender to disclose to Contractor, upon request, full information on undisbursed loan proceeds. Owner shall not interfere with, stop, hinder, or delay the Work, nor allow others to do so. No separate contractors may be engaged in a way that conflicts with the Work without Contractor’s prior written approval. Owner has disclosed in writing all known or concealed conditions that could materially affect cost, timing, or performance, including but not limited to hazards, unsuitable soils, prior defective work, latent defects, earlier attempts at similar work, and governmental obligations. Contractor is entitled to rely on such disclosures unless Contractor knows them to be false. Owner represents it has full authority to enter into this Agreement and contract for the Work, that no further permissions are required, and that it will pay all taxes and assessments during the Work and take reasonable steps to protect marketable title. Upon Contractor’s written request, Owner shall provide clear and convincing evidence of access to funds sufficient to pay the unpaid balance of the Installation Contract Price, and promptly notify Contractor of any material change. Failure to comply relieves Contractor of any obligation to begin or continue the Work. Upon request, Owner shall also identify (i) the legal description of the Property; (ii) whether a surety bond is in effect (and provide a copy with surety’s name and address); and (iii) whether any prior liens or security interests exist (and provide the holder’s name and address).

55.     ACCESS FOR UPGRADES, MAINTENANCE, AND REPAIRS
Owner shall, at Owner’s sole cost and expense, provide FireShield Parties, and their employees, agents, and subcontractors, access to the Property, including all interior and exterior areas necessary to perform any inspection, maintenance, upgrade, repair, replacement, or service work requested by FireShield Parties. Such access shall be provided within five (5) business days (and in no event later than ten (10) business days) after FireShield Parties’ written or verbal request.

If Owner fails to provide such access within the required time frame, FireShield Parties will try one more time to accommodate another date and time for such access by contacting Owner. However, beyond the second attempt, FireShield Parties shall have no obligation to perform the work at any later date, may reassign personnel and resources to other projects, and may, at their sole election, declare any affected Limited Warranty or service obligations void as to the delayed work. FireShield Parties shall have no liability whatsoever for any damage, loss, malfunction, delay, or failure of the System or related services arising out of or related to such delay in access. Owner’s obligations under this Section are in addition to, and fully enforceable under, the Indemnification and Defense provisions of this Agreement, and nothing herein shall be construed to limit FireShield Parties’ rights under those provisions.

56.     PERMITS, REGULATORY APPROVALS, AND COMPLIANCE WAIVER

Owner acknowledges, understands, and agrees that neither Supplier nor Contractor (collectively, “FireShield Parties”) shall obtain, apply for, pay for, or secure any permits, licenses, governmental or quasi-governmental approvals, variances, inspections, or other authorizations of any kind (collectively, “Permits”) in connection with the design, installation, operation, maintenance, or removal of the System, including but not limited to building, electrical, plumbing, fire department, operational, environmental, homeowners’ association (“HOA”), architectural review board, neighborhood committee, or other municipal or private approvals, unless expressly stated in writing and signed by Supplier. Owner shall be solely and exclusively responsible, at Owner’s sole cost and expense, for: (a) determining whether any Permit, license, approval, authorization, or other regulatory requirement (collectively, “Regulatory Requirements”) is or will be required now or in the future; (b) obtaining and maintaining any and all such Permits or approvals from any authority having jurisdiction over the Property; and (c) ensuring compliance with all applicable laws, rules, regulations, ordinances, codes, covenants, conditions, restrictions, guidelines, and enforcement practices, whether governmental or private. Owner further represents and warrants that, prior to entering into this Agreement, they have conducted all necessary research and due diligence to confirm that the System and all work contemplated under this Agreement are permitted on the Property. FireShield Parties have entered into this Agreement in full reliance on Owner’s representations and shall have no obligation whatsoever to obtain, assist in obtaining, review, advise upon, confirm the existence or validity of, or otherwise participate in any such permitting or approval process, even if such action is required or mandatory. If any Permit, license, or approval is denied, not obtained, later revoked, or if any authority, rule, or guideline prohibits or restricts the performance of the work, Owner shall remain fully responsible for all payment obligations and any resulting damages, and such circumstances shall not constitute grounds for withholding, reducing, delaying, or refusing any payment. If any such prohibition or restriction applies, Owner must notify FireShield Parties in writing at least ten (10) calendar days before the scheduled start of work; failure to do so shall be deemed Owner’s authorization for the work to proceed. Owner accepts all risk that Regulatory Requirements may already apply but not be enforced, may become applicable in the future, or may be newly interpreted or enforced in a manner that affects the System, and further accepts all risk of any citations, violations, fines, penalties, fees, operational restrictions, forced removal, legal proceedings, damages, or other governmental or third-party actions arising therefrom. Owner expressly waives, releases, and discharges the FireShield Parties from any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses, known or unknown, suspected or unsuspected, arising out of or relating to any alleged or actual failure to obtain or maintain any Permit or to comply with any Regulatory Requirement, whether existing now or arising or discovered in the future, and expressly waives the provisions of California Civil Code § 1542 and any similar law of any jurisdiction. This waiver is a material term of this Agreement and is in addition to, and not in limitation of, Owner’s indemnity, defense, and hold harmless obligations under the “Indemnification and Defense” section of this Agreement, all of which fully apply to any and all matters described in this Section.

57.  LIMITED WARRANTY

57.1.       Contractor: Contractor, for a period of five (5) years from the date of installation, warrants that the Work will: (i) be of good quality and (ii) that it will conform in all material respects to the Plans and System specifications in place at the time of installation. If any part of the System is not installed in conformance to the Plans and Specifications, Contractor’s sole responsibility, and the exclusive remedy under this limited warranty, shall be for Contractor to replace or use reasonable efforts to repair the affected System and its components. Written notice of any claim made under this limited warranty must be provided to Contractor within the five-year limited warranty period above. Contractor warrants the replacement parts only for the remainder of the warranty period.

57.2.       Supplier: For a period of five (5) years from the date of installation, Supplier warrants that: (i) the System will, under normal use, conform in all material respects to the System specifications in place at the time of installation, and (ii) the System components provided by Supplier hereunder shall be free of manufacturing defects. Your exclusive remedy and Supplier’ entire liability for any breach of the foregoing warranty given by Supplier shall be that Supplier will replace or use reasonable efforts to repair the affected System and its components. The foregoing warranty given by Supplier may be voided by misuse of the System or by: (i) any defective or non-conforming work performed by the installer provider; (ii) or any alteration, mishandling or failure to properly operate the System by You or by a third party. If any part of the System does not work because of a defect or because of ordinary wear and tear, Supplier will repair or replace that part at no charge with new parts. Supplier warrants the replacement parts only for the remainder of the warranty period. You must notify Supplier of any problem You claim Supplier' limited warranty covers within the warranty period. This limited warranty is for the Owner’s benefit only and may not be enforced by any other person. This limited warranty does not cover improper installation of the System.

57.3.       Scope and Limitations. In addition to all limitations already set forth above, the warranties provided by Contractor and Supplier are expressly subject to the following conditions and exclusions:

1.     Third-Party Components. Many parts of the System, including without limitation controllers, printed circuit boards, communications modules, relays, valves, pumps, generators, variable frequency drives, manifolds, plumbing, sensors, actuators, batteries, and any other off-the-shelf or custom-fabricated components, are manufactured by third parties and incorporated into the System by Contractor or Supplier. Contractor and Supplier do not independently warrant such components beyond the scope or duration of the original manufacturer’s warranty, if any, and any repair or replacement obligation for such components shall be limited to the remedies available under such manufacturer’s warranty. All such third-party warranties are hereby assigned or otherwise passed through to Owner to the fullest extent permitted by law.

2.     Environmental and Operational Conditions. The warranties herein do not cover damage, degradation, malfunction, or failure caused by or resulting from: electrical surges or irregular voltage; battery depletion; excessive heat or cold; humidity; exposure to chemicals, fumes, smoke, salt, or other corrosive agents; hard water scale or mineral buildup; freezing; pest infestation; physical impact; vibration; improper ventilation; or other environmental or site conditions beyond Contractor’s or Supplier’s control.

3.     Service Dependencies. The warranties herein do not apply to any failure, damage, or malfunction resulting from the absence, insufficiency, interruption, degradation, or failure of water supply, water pressure, electrical supply, backup generator, pump, plumbing, internet connectivity, cellular network, satellite service, GPS, or any other third-party infrastructure or utility service upon which the System depends, as further described in Sections 36 through 40, 43, and any other relevant section in the Agreement.

4.     Assembly of Components. The inclusion of third-party components in the System and their assembly by Contractor or Supplier shall not be construed to create any warranty by Contractor or Supplier beyond the warranty offered by the original manufacturer. Any defect in such third-party components shall not constitute a breach of this Limited Warranty if the component was properly installed and integrated by Contractor or Supplier in accordance with the manufacturer’s instructions.

5.     Accidental or Remote Activation. Any activation of the System, whether manual, automatic, or remote (including activation initiated by cloud systems or Contractor/Supplier personnel), which results in discharge, release, or other operation of the System shall not be deemed a defect or failure covered under this Limited Warranty, regardless of cause.

6.     Consequential Losses. Without limiting the disclaimers herein, Contractor and Supplier shall have no liability under this Limited Warranty for any indirect, incidental, special, exemplary, punitive, or consequential damages of any kind, including without limitation any loss or damage to real or personal property, loss of use, loss of profits, or loss of value, arising from or related to any failure, malfunction, or operation of the System, even if advised of the possibility of such damages.

7.     Warranty Void Conditions. This Limited Warranty shall be void if the System or any of its components have been tampered with, relocated, removed, disconnected, opened, unsealed, unmounted, altered, repaired, or modified without Supplier’s prior written consent; if any connectivity, GPS, antenna, or other communication element has been replaced, altered, or substituted without Supplier’s approval; or if the System is operated outside the specifications or instructions provided by Supplier. Once voided, all warranty obligations immediately cease, and the System is deemed provided ‘as-is’ with no further service, support, or obligation from Contractor or Supplier.

THE ABOVE WARRANTY IS A LIMITED WARRANTY. CONTRACTOR AND SUPPLIER DISCLAIM ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR ANY IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONTRACTOR AND SUPPLIER SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL MEET OWNER’S REQUIREMENTS OR THAT IT WILL BE EFFECTIVE OR OPERATE WITHOUT ERROR. TO THE EXTENT THAT CONTRACTOR AND/OR SUPPLIER MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

CONTRACTOR AND SUPPLIER MAKE NO WARRANTIES REGARDING THE SYSTEM’S INSTALLATION, STORAGE, MAINTENANCE, REPAIR OR ALTERATIONS BY ANYONE OTHER THAN CONTRACTOR. CONTRACTOR MAKES NO WARRANTIES REGARDING MISUSE, NEGLECT, ACCIDENT OR ABUSE OR OPERATING OR ENVIRONMENTAL CONDITIONS RELATED TO THE USE OF THE SYSTEM.

What does this limited warranty not cover?

•       abuse, alterations to the Work not executed by Contractor or unauthorized repairs,

•       improper or insufficient maintenance,

•       improper operation of the System or Controller,

•       normal wear and tear and normal usage,

•       repairs resulting from structure settling or seismic activity,

•       theft or vandalism,

•       negligence or accidental damage by others,

•       collision, earthquakes, lightning, hail, flood, fire, accidental breakage, theft or other Acts of God outside Contractor’s or Supplier’s control,

•       warranty claims received by Contractor or Supplier after the expiration of the applicable warranty period.

Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. This limited warranty gives You specific legal rights. You may also have other legal rights that vary from state to state.

You acknowledge and agree that no contractor, subcontractor, supplier, service provider or other vendor of Supplier or Contractor makes any warranty, including any implied warranty, other than such express warranties as may be provided by such person to You in writing.

58.  Information, Plans, and Illustrative Materials

Owner acknowledges that any fire maps, hazard maps, proximity alerts, evacuation notices, status indicators, plans, drawings, diagrams, schematics, specifications, renderings, brochures, illustrations, quotes, presentations, or similar materials provided by FireShield Parties (collectively, “Materials”) are for convenience or visualization only, may be inaccurate, incomplete, outdated, delayed, or fail entirely, and are not guaranteed for accuracy, timeliness, reliability, or completeness. FireShield Parties make no warranty, express or implied, as to the completeness or accuracy of any materials. Dimensions and measurements are approximate and may vary due to site conditions or installation requirements; preliminary designs are based on assumptions that may later prove inaccurate; as-built conditions may differ from any Materials. FireShield Parties have no obligation to update Materials except through approved Change Orders, and any adjustment required by actual conditions constitutes a valid Change Order at Owner’s sole cost. FireShield Parties are not liable for any error, omission, or limitation in any preliminary design. Owner shall not rely on Fire Data or Materials for safety or evacuation decisions, or for repair/construction by third parties. No difference, omission, or inaccuracy in any Materials shall constitute a defect or breach or provide any basis for refund, offset, withholding, delay of milestone payments, or other remedy. Owner assumes all risks of reliance and shall indemnify and hold FireShield Parties harmless from all related claims, losses, and expenses. Not all features, items, or components depicted in any Materials are required to be included in, or part of, the actual Work or Agreement, and inclusion in any visualization or illustration shall not create any obligation to furnish, install, or deliver such items unless expressly set forth in this Agreement or a signed Change Order.

59.  System Classification, Operation, and Dependencies

Owner acknowledges the System is a proprietary wildfire-defense measure and is not an “Automatic Fire Sprinkler System” under NFPA 13/13R/13D, nor any listed or code-recognized system under applicable building/residential codes, and is not a substitute for any code-compliant fire-protection system. Activation is the Owner’s responsibility; ongoing inspection, maintenance, readiness, and re-supply (including water, power, fuel, batteries, solar charging, and suppressant media) are solely the Owner’s obligations. The System’s operation depends on utilities, services, and components that may be inaccurate, degraded, unavailable, out of specification, expired, improperly stored, or restricted by law or policy, and may fail or be insufficient due to outages, environmental conditions, interference, storage/handling, or Owner/third-party actions. FireShield does not provide monitoring, inspection, refueling, maintenance, testing, or replacement of such items unless separately agreed in writing. Owner assumes all risks of failure, degradation, unsuitability, or non-availability of utilities, equipment, fuel, or suppressant media (including any batteries/chargers not delivering adequate power and any pumps/generators not operable on backup power), and waives all related claims. Owner expressly waives the provisions of California Civil Code § 1542 (and any similar law) with respect to the matters covered by this Section and all other sections in the Agreement.

60.  Performance, Payment, and Risk Allocation

Milestone payments are due solely upon physical installation of items in Exhibit A (and approved Change Orders) that could reasonably and safely be installed, and are never conditioned on the System’s performance, activation, commissioning, or readiness. All performance characteristics (e.g., coverage area, pressure, GPM, spray distance, response timing) are theoretical and subject to variation under field conditions; deviations do not constitute a defect or breach and do not delay, reduce, or condition any milestone payment. FireShield Parties make no warranty or guarantee—express or implied—regarding effectiveness or outcome, including prevention or reduction of loss, damage, or injury. Operation (including testing or emergency use) may subject components to mechanical, electrical, hydraulic, thermal, or environmental stress causing wear, damage, or failure; Owner is responsible for any required removal, replacement, reinstallation, programming, calibration, or restoration at FireShield’s then-current rates. FireShield Parties make no representation as to any insurance effect (coverage, claims, premiums, approvals, or insurability), and have no liability for insurance-related determinations or consequences. Owner assumes all risks described herein—whether arising from non-activation, partial activation, outages, malfunctions, data delays/errors, design/installation/configuration choices, materials, or third-party services—and shall indemnify, defend, and hold FireShield Parties harmless from all related claims, damages, and expenses (including attorneys’ fees). These allocations of risk survive all milestones, final completion, and termination, and include an express waiver under California Civil Code § 1542 to the fullest extent permitted by law.

61.  RIGHT TO CANCEL PRIOR TO INSTALLATION

Contractor reserves the right, in its sole and absolute discretion, to cancel this Agreement at any time prior to the commencement of physical installation work on the Property, without penalty or further obligation. In such event, Contractor shall promptly return to Owner, via wire transfer or check, any amounts received for un-started milestones. If cancellation occurs after commencement, Owner pays for completed milestones per the Schedule. The return of funds shall be deemed complete and effective upon Contractor initiating the transfer or mailing/delivering the check, regardless of whether Owner deposits or negotiates the funds. Upon such cancellation, neither party shall have any further rights, obligations, or liabilities under this Agreement, except that Owner shall remain bound by the indemnification, limitation of liability, waiver, and hold harmless provisions of this Agreement. Owner agrees that such cancellation and refund shall constitute full and final satisfaction of any and all claims, demands, or disputes, and waives any right to seek further recovery, penalties, or damages, including through litigation or arbitration.

62.     CONFIDENTIALITY

Owner shall keep strictly confidential all pricing, payment terms, special conditions, and other non-public information disclosed under this Agreement and shall not disclose such information to any third party, including neighbors, except as required by law. Owner shall hold Contractor harmless and indemnify Contractor as provided in the Indemnification clause of this Agreement.

63.     OWNER DEFINITION; AUTHORITY; BINDING EFFECT ON RECORDED OWNER. 

For purposes of this Agreement, the term “Owner” shall mean the individual or entity identified as such on the signature page of this Agreement, together with the actual current record owner(s) of the Property as shown in the official real property records of the county where the Property is located. By executing this Agreement, the signatory(ies) affirm, represent, and warrant—under penalty of perjury—that they are either the current record owner(s) of the Property or are duly authorized to execute this Agreement on behalf of, and legally bind, such record owner(s) in all respects. The signature of any person purporting to act as agent, representative, manager, officer, member, employee, contractor, or other authorized signatory for the record owner(s) shall be deemed the act of, and shall bind, the record owner(s) as if they personally executed this Agreement. Any misrepresentation, concealment, or false statement by the signatory(ies) as to their ownership status or authority shall constitute a material breach of this Agreement and may subject such person(s) to civil liability for all resulting damages and costs, as well as potential criminal liability for perjury, fraud, or other applicable offenses. The obligations of “Owner” under this Agreement shall be joint and several as between the signatory(ies) and the record owner(s), and neither may dispute, object to, or avoid enforcement of this Agreement on the basis of lack of ownership or authority.

64.  GENERAL PRICING TERMS.

Owner acknowledges and agrees that the prices, fees, and charges for the System, the Work, and any related goods or services have been independently negotiated between the parties, taking into account all relevant factors as determined solely by the FireShield Parties. Owner further acknowledges that such pricing is not based on, and need not be consistent with, the pricing offered to or paid by any other customer, project, property, or installation, whether similar in size, scope, location, or any other characteristic. Owner expressly waives, releases, and disclaims any right to assert any claim, demand, action, or cause of action alleging overpricing, unfair pricing, deceptive pricing, or other improper pricing practices, including without limitation any comparison to pricing offered to or paid by other customers (such as neighbors, similar buildings, or installations with larger or smaller systems). The FireShield Parties shall have the sole and absolute discretion to establish, modify, and apply pricing at any time, and such pricing may differ among customers for any reason or no reason. Owner’s sole remedy for any dissatisfaction with pricing is not to proceed with the transaction or service in question. Owner shall defend, indemnify, and hold harmless the FireShield Parties from and against any and all claims, losses, liabilities, damages, costs, and expenses (including attorneys’ fees) arising out of or related to any allegation, action, or proceeding based on a pricing comparison, price differential, or alleged misrepresentation of price, to the fullest extent permitted by the indemnification provisions of this Agreement.

65.  MATERIALS, METHODS, AND LOCATIONS.

Contractor/Supplier shall have sole and absolute discretion to determine the materials, fittings, pipe wall thickness, connection methods (including press-connect systems), routing, and final locations of piping, tanks, hubs, controllers, sensors, wiring, and penetrations. Determinations may be adjusted in the field to address safety, code compliance, serviceability, performance, or site conditions. Aesthetic considerations shall not limit or override Contractor’s discretion.

Owner expressly acknowledges and agrees to the use of Contractor’s preferred materials and connection methods, is aware of such methods, and accepts them as part of this Agreement. Any request by Owner to substitute or change pipe type, pipe wall thickness, connection method, routing, or other aspect of the installation must be made in writing, may be declined by Contractor in its discretion, and if accepted shall proceed only by signed Change Order reflecting all added cost, time, and effort (including extra labor, tooling, or joining methods).

Any Owner-directed change contrary to Contractor’s recommendation is performed without warranty of any kind as to that portion of the Work, and all related risk, liability, and loss shift solely to Owner. Failures, leaks, or defects in press-connect fittings or other proprietary connection systems are the sole responsibility of the product manufacturer and are expressly excluded from the Limited Warranty provided by FireShield Parties. Any such claims must be pursued directly with the manufacturer.

If specified items or methods become unavailable or unsuitable due to field conditions, Contractor may substitute equivalent items, and any Owner-driven alternative shall proceed only by Change Order. Any scheduling changes or delays caused by Owner (including, without limitation, rescheduling access, deferring milestones, or requiring resequencing) shall likewise require a Change Order for added cost, time, or effort. Contractor shall bear no responsibility for corrosion, degradation, leaks, failures, or other effects arising from environmental conditions (including coastal, high-moisture, or chemical exposure) or from interactions of dissimilar or incompatible materials (such as galvanic reaction between metals). Owner acknowledges such risks are inherent and assumes all liability for any resulting loss, damage, or required replacement, which are expressly excluded from the Limited Warranty.

This Section governs in the event of conflict with drawings, notes, or specifications, and Contractor’s discretion under this Section is absolute and not subject to challenge on grounds of reasonableness, good faith, or implied covenant.

66.     DISCLOSURE OF KNOWN CONDITIONS

Before and during the Work, Owner must fully disclose in writing all known conditions that could affect, delay, increase the cost or risk of, or impair the Work or System performance. This includes, without limitation: structural, mechanical, electrical, plumbing, or utility issues; environmental or health hazards; unsafe or hazardous site conditions; prior damage or repairs; regulatory or insurance restrictions; lack of water supply or connectivity; and any incompatibility with existing infrastructure. This duty applies whether or not disclosure benefits Owner, and even if nondisclosure could raise Contractor’s costs or impair the System. Failure to disclose allows Contractor to suspend, modify, or omit affected Work without liability, and to recover all related costs, delays, and damages. Such matters are excluded from any indemnity owed by Contractor, and Owner must indemnify, defend, and hold Contractor harmless from all related claims, losses, or expenses, including injury or death to Contractor’s personnel, to the fullest extent permitted by law.

67.     NO FIREFIGHTING SERVICES, PERSONNEL, OR ON-SITE INTERVENTION

Owner acknowledges Contractor and Supplier are not firefighters, emergency responders, or affiliated with any firefighting or rescue agency, and the System is not reviewed, certified, or endorsed by any such authority. Contractor and Supplier do not provide on-site firefighting, suppression, rescue, hazard mitigation, fire monitoring, rescue mission, or direct fire combat, and will not send personnel, equipment, or resources to the Property for any emergency. If the System is inoperable, partially operable, or unprepared at the time of a fire— for any reason, including incomplete milestones. Contractor has no duty regarding partial installations—it shall remain so, and Contractor and Supplier have no duty to render it operational or provide alternatives. Owner agrees the System is not a basis to remain during a fire and must comply with all evacuation orders. Contractor and Supplier have no ongoing obligation to attend the Property except under a separately contracted maintenance agreement, which is not guaranteed to occur within any timeframe or near any fire event, and may be delayed or cancelled for any reason. Owner assumes all risks for safety, property protection, and compliance with safety requirements, and shall indemnify and hold Contractor and Supplier harmless from any claim related to firefighting services, on-site intervention, or support before, during, or after a fire or emergency.

68.     FIRE-FIGHTING FOAM

A. Use of Foam.
Owner acknowledges the System may utilize firefighting chemicals (e.g., Class A foam) from third-party suppliers and that such substances may be represented by others as safe, biodegradable, or non-toxic based on limited data, lab tests, or assumptions that may later prove inaccurate, incomplete, or inapplicable. FireShield Parties make no representation or warranty as to the legality, safety, performance, future compliance, or regulatory status of any foam product, and such products may be reclassified, restricted, recalled, reformulated, or deemed hazardous at any time.

B. Optional Use.
The System is capable of operating with water only if Owner provides written notice at installation and ensures the foam tank remains empty. If the Owner does not provide such notice and allows the foam tank to be filled, refilled, or topped off, the Owner assumes full responsibility for the foam’s presence and use.

C. Assumption of Risk.
Owner assumes all risks—known or unknown, foreseeable or unforeseeable—that foam or related chemicals may: (i) harm humans, animals, or the environment; (ii) cause health effects (including but not limited to carcinogenicity, reproductive harm, or endocrine disruption); (iii) pollute soil, groundwater, or air; (iv) require cleanup, disposal, or mitigation; (v) degrade, leak, or interact with other materials; or (vi) cause claims, costs, or complications with insurance, liability, or regulatory enforcement.

D. System Operation and Maintenance.
The System does not monitor chemical levels. Owner is solely responsible for identifying depletion, requesting testing or refills (which are separately billable), and determining whether foam use is acceptable. Discharge, leakage, or migration may affect Owner’s property, neighbors, infrastructure, soil, wildlife, or crops, and may render produce unsuitable for use or sale.

E. Foam Expiration, Recalls, and Removal; No Refunds.
Owner acknowledges that foam products have a finite shelf life and may expire, degrade, be subject to recall, or be reclassified (including cancer or hazard warnings). FireShield Parties have no obligation to monitor, test, update, or notify Owner of such conditions. Owner is solely responsible for staying informed, contacting the foam manufacturer or supplier, and taking any action (including removal, replacement, or disposal) at Owner’s sole cost and risk. No refunds will be issued for any foam, consumables, or related components for any reason.

F. Release and Indemnity.
Owner waives, releases, and discharges FireShield Parties from all claims, demands, damages, liabilities, costs, or expenses arising out of or relating to the use, storage, handling, discharge, migration, or effects of foam. Owner shall indemnify, defend, and hold harmless FireShield Parties from any third-party claims relating to foam, including environmental, health, or property impacts.

G. No Warranty.
FireShield Parties make no warranty, express or implied, as to the safety, suitability, performance, or environmental effects of foam products, except as expressly provided in the manufacturer’s own documentation.

H. No Defect / No Service Obligation.
Use, presence, discharge, or effects of foam shall not constitute a defect in the System or trigger any warranty, service, or support obligation of FireShield Parties.

I. Survival.
This Section 68 shall survive installation, completion of all milestones, and termination of this Agreement for any reason.

69.     THIRD-PARTY MATERIALS

A. Scope.
Owner understands and agrees that any and all materials, documents, specifications, data sheets, warnings, instructions, marketing materials, or other information provided now or in the future—whether physical or digital—relating to consumables or non-consumables (including but not limited to foam, liquids, water additives, pipes, screws, valves, rotors, sprinklers, pumps, plumbing parts, electrical components, batteries, solar panels, engines, control systems, software, firmware, accessories, hardware, or any other product, part, or component of any kind) (“Third-Party Materials”) are not created, authored, verified, or controlled by FireShield Parties, and are provided only as a courtesy.

B. Disclaimer of Responsibility.
FireShield Parties make no representation or warranty as to the truth, accuracy, completeness, applicability, reliability, legality, or suitability of any Third-Party Materials. Without limitation:

1.     Third-Party Materials originate from manufacturers, suppliers, distributors, or other third parties, not from FireShield Parties.

2.     FireShield Parties do not independently verify, test, or confirm such content.

3.     Information may be outdated, incomplete, incorrect, irrelevant, or superseded at any time.

4.     Products may be discontinued, reformulated, renamed, replaced, or otherwise altered without notice.

5.     Materials may contain incorrect product details, wrong attribution, or apply to unrelated products.

6.     Information may or may not apply to the Owner’s specific installation, configuration, or conditions.

7.     FireShield Parties have no obligation or ability to fix, update, correct, or notify Owner of changes, even if aware of them.

8.     Owner must conduct its own full, independent research, due diligence, and verification before purchasing, installing, or using any product or component, including situations where FireShield does not disclose the brand, model, or source.

9.     FireShield Parties have no obligation to monitor for or notify Owner of recalls, expirations, hazard reclassifications, or regulatory changes affecting any product, chemical, or component.

C. Assumption of Risk.
Use of, reliance on, or reference to any Third-Party Materials is entirely at Owner’s sole risk.

D. Release and Indemnity.
Owner waives, releases, and discharges FireShield Parties from any and all claims, damages, liabilities, costs, or expenses arising from or relating to Third-Party Materials, their content, use, non-use, or reliance. Owner shall indemnify, defend, and hold harmless FireShield Parties from any third-party claims relating to Third-Party Materials.

E. Survival.
This Section 69 shall survive installation, completion of all milestones, and termination of this Agreement for any reason.