EMS DATA DISCLAIMER AND RELEASE

EACH PERSON ACCESSING, VIEWING, OR OTHERWISE USING (EACH A "USER") THE FOLLOWING ENERGY MANAGEMENT SYSTEM OPERATING DATA (THE "EMS DATA") ACKNOWLEDGES AND AGREES THAT EL PASO ELECTRIC COMPANY (THE "COMPANY") HAS MADE NO WARRANTY (WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, BY COMMON LAW OR STATUTE, OR OTHERWISE) RELATING TO THE EMS DATA. COMPANY DISCLAIMS, AND USER WAIVES, ANY WARRANTY OF (1) MERCHANTABILITY, (2) FITNESS FOR ANY PARTICULAR OR INTENDED PURPOSE OR USE, (3) TITLE, OR (4) THE ACCURACY OR COMPLETENESS OF THE EMS DATA. IT IS THE INTENTION OF COMPANY AND THE USER THAT THE EMS DATA BE PROVIDED BY COMPANY ON AN "AS IS", "WITH ALL FAULTS" BASIS. COMPANY SHALL NOT BE LIABLE TO USER FOR ANY ACTUAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES CAUSED IN WHOLE OR IN PART BY ANY INACCURACY OR OTHER DEFECT IN THE EMS DATA (REGARDLESS OF WHETHER COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) AND USER WAIVES AND RELEASES COMPANY, ITS OFFICERS, DIRECTORS, AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR SUCH DAMAGES WHICH MAY ARISE IN CONNECTION WITH USER'S USE OF THE EMS DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF COMPANY, ITS OFFICERS, DIRECTORS, OR EMPLOYEES.


 I consent -