Disclaimer

All information furnished pursuant to this Agreement is obtained by Gray Wolf Corporation from sources believed to be accurate and reliable. Because of the possibility of human or mechanical error and any other factors, all information is provided "as is" without warranty of any kind. User agrees that Gray Wolf Corporation MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO User OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH INFORMATION. Under no circumstances shall Gray Wolf Corporation have any liability to User or any other person or entity for (a) any loss damage or injury in whole or in part caused by, resulting from, or relating to, any claim that the Data Base is not current, complete or accurate or for any omission or error (negligent or otherwise), or any other circumstance or contingency within or outside the control of Gray Wolf Corporation or any of its directors, officers, employees or agents, in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of any information, or (b) any direct, indirect, special, consequential, incidental or compensatory damages whatsoever (including, without limitation, lost profits even if Gray Wolf Corporation shall have been advised in advance of the possibility of such damages) caused by or relating to, the use of any information.

Neither the User nor Gray Wolf Corporation shall be liable in damages for any delay or default caused by force majeure and without such Party's fault or negligence, such as wars, acts of government, strikes, fires, floods, work stoppages, embargoes and/or any inability to obtain materials and in the case of Gray Wolf Corporation, any order or opinion of the Securities & Exchange Commission or any state or foreign securities commission that prohibits the dissemination of the data or requires the transmitting party to be registered in a different capacity or for failure to obtain assurances or opinions therefrom that such registration is or is not required.

Notwithstanding anything herein to the contrary, User agrees to indemnify, hold harmless, reimburse and defend Gray Wolf Corporation and its officers, directors, agents and employees from and against any and all claims, losses, damages, liabilities, obligations and expenses (including, without limitation, settlement costs and any legal, accounting and other expenses for the defense of any action or threatened action) reasonably incurred in connection with the following: (a) the breach of any representation or warranty in this Agreement; (b) any claim that any of the data provided in the Data Base is not current, complete or accurate shall be valid only to the extent that such delay, omission or inaccuracy arises solely from Gray Wolf Corporation' own gross negligence or willful misconduct; or (c) any actual or alleged infringement of copyrights, patents, service marks or trademarks or the misappropriation of trade secrets, or other proprietary rights, used and displayed in accordance with the provisions of this Agreement.

These terms of indemnity shall survive the termination of this Agreement. Whenever any claim shall arise for indemnification under this Section, the indemnified party shall promptly notify the indemnifying party of the claim and, when known, the facts constituting the basis for such claims and the amount or an estimate of the amount of the liability arising therefrom, and the indemnifying party shall have the right to defend against any such claim. An indemnified party shall not settle or compromise any claim by a third party for which the indemnified party is entitled to indemnification hereunder without the prior written consent of the indemnifying party, unless such suit in respect of such third-party claim has been initiated against the indemnified party and the indemnifying party shall not have undertaken the defense thereof.