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THE STATE REFERENCED IN SECTION 11.6. NOTWITHSTANDING ANYTHING TO <br />THE CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY <br />(I) IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) <br />INDEMNIFICATION OBLIGATIONS. <br />9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for <br />the acts and omissions of its own employees, officers, or agents, in connection with the <br />performance of their official duties under this Agreement. Each Party to this Agreement shall be <br />liable for the torts of its own officers, agents, or employees. <br />9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and <br />employees, from liability of any kind, including claims, costs (including defense) and expenses, <br />on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or <br />appliance manufactured or used in the performance of this Agreement; or (ii) any damage or <br />injury to property or person directly caused by Flock’s installation of Flock Hardware, except for <br />where such damage or injury was caused solely by the negligence of the Customer or its agents, <br />officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees <br />paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) <br />months. <br />10. INSTALLATION SERVICES AND OBLIGATIONS <br />10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive <br />property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this <br />Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise <br />expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, <br />tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer <br />agrees and understands that in the event Customer is found to engage in any of the foregoing <br />restricted actions, all warranties herein shall be null and void, and this Agreement shall be <br />subject to immediate termination for material breach by Customer. Customer shall not perform <br />any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should <br />Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at <br />Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s