Warranty

4. INDEMNIFICATION
Customer acknowledges that Powerblanket has no control over, and is not responsible for the
manner in which the Customer uses the Product(s). The Customer hereby agrees to indemnify,
defend and hold harmless (collectively, “indemnify” or “indemnification”) Customer, its affiliates,
and their respective officers, directors, employees, agents, representatives, successors and
assigns from and against any and all suits, proceedings, demands, judgments (including
applicable pre-judgment and post-judgment interest, if any), awards, losses, damages, costs,
penalties, expenses, claims and liabilities, including reasonable attorneys’ fees, witness fees and
court costs, and any other losses and liabilities of any kind or nature whatsoever (“Damages”) of,
or awarded to or settled with third parties in third party claims or actions, and the reasonable costs
of Powerblanket in successfully enforcing this indemnification obligation, in each case arising out
of one or more of the following: (a) the use, operation or modification of any Powerblanket Product,
provided however, that Customer shall have no indemnification obligation to the extent that the
claim arises solely out of any negligent acts or omissions by Powerblanket; (b) negligent acts or
omissions or willful or intentional misconduct of Customer (including its employees, agents,
representatives, successors and assigns); and (c) failure to comply with any relevant federal,
state or local laws, regulations, rules or ordinances (including but not limited to those related to
hazardous waste and materials).
5. MISCELLANEOUS
This agreement and its terms shall be construed under Utah law, and Customer hereby consents
to the exclusive jurisdiction of any state or federal court located in Salt Lake County, Utah, and
waives any objection to jurisdiction and venue of any action instituted against it as provided herein
and agrees not to assert any defense based on lack of jurisdiction or venue. Reasonable attorney
fees will be awarded to the prevailing party in the event of a dispute
By signing below, Customer agrees to and accepts the terms and conditions stated herein.
CUSTOMER:
Signature:_____________________________________
Printed Name: _________________________________
Title: _________________________________________
Date:__________________________________________