Page 3 - CNG ESP Participant Guide2024

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7. Participant and AFVi further acknowledge and agree that the unauthorized disclosure of the Confidential Information may cause immediate
and irreparable harm to AFVi that will not be compensable by damages alone if Participant repudiates or breaches any of the provisions hereof or
threatens or attempts to do so. As a result of the unique nature of the Confidential Information, in addition to and not in limitation of any other
rights, remedies or damages available at law or in equity, Participant acknowledges that AFVi shall be entitled to obtain a temporary, preliminary
and permanent injunction in a court of competent jurisdiction to prevent or restrain any actual or threatened breach of this Agreement by
Participant or any person or entity acting in concert therewith. In connection with any application for injunctive relief, Participant hereby waives
the claim or defense that an adequate remedy exists at law and Participant understands that Participant shall be liable for all reasonable costs and
expenses incurred by AFVi in enforcing the terms of this Agreement, including but not limited to attorneys’ fees to the extent Participant is found
to have breached the terms of this Agreement.

8. Participant acknowledges that the purpose of the Courses is to educate Participants regarding the safe operation, inspection, maintenance and
repair of alternative fuels vehicles or compressed natural gas fueling stations, and that AFVi shall not have any responsibility for any acts or omissions
of such attendees with respect to alternative fuel matters, whether such acts or omissions occur before the Courses or otherwise. Further,
Participant acknowledges that how the Participant chooses to implement the techniques and principles discussed at the Courses, and any
consequences associated with the same, shall be at the Participant’s sole risk. Accordingly, notwithstanding anything in this Agreement to the
contrary, Participant does hereby release, waive and forever discharge AFVi from any and all liability, claims and demands of whatever kind or
nature, either in law or in equity, which may arise in connection with how the Participant implement the Course Material and any associated manuals
or information, but excluding any third-party claims or threats of claims arising from AFVi’s ownership or use of the Confidential Information or any
other intellectual property of AFVi.

Specifically and without limiting the foregoing, in no event will AFVi be liable for any claim based upon a third-party claim, or any incidental,
consequential, special, indirect, exemplary or punitive damages, whether arising in tort, contract, from a statute or otherwise, or for any damages
arising out of or in connection with any malfunctions, delays, loss of data, lost profits, loss savings, interruption of service, loss of business or
anticipatory profits, even if AFVi has been advised of the possibility of such damages. AFVi's aggregate and cumulative liability arising out of or
relating to this agreement, regardless of the form of the cause of action, whether in contract, tort, statute or otherwise will be limited to direct
damages and will not exceed one thousand dollars ($1000.00). The allocations of liability represent the agreed and bargained for understanding of
the parties, and the compensation of AFVi for the services provided hereunder reflects such allocations.

9. Warranty disclaimer. All materials are provided "as is" and without warranties or conditions of any kind including but not limited to implied
warranties of merchantability and fitness for a particular purpose.

10. This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information and supersedes any
prior agreements, understandings, or representations with respect thereto. Any addition or modification to this Agreement must be made in writing
and signed by both parties.

11. General. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other
party, which consent shall not be unreasonably withheld, and any such assignment in violation of this section shall be void. No waiver of rights by
either party may be implied from any actions or failures to enforce rights under this Agreement. Unless otherwise specifically stated, the terms of
this Agreement are intended to be and are solely for the benefit of AFVi and Participant and do not create any right in favor of any third-party. This
Agreement will be governed by the laws of the State of Nevada, without reference to the principles of conflicts of Law. The parties acknowledge
and agree that this Agreement relates solely to the performance of services (not to the sale of goods) and, accordingly, will not be governed by the
Uniform Commercial Code of any State having jurisdiction. If any of the provisions of this Agreement are found to be unenforceable, the remainder
shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit
enforcement of the Agreement as a whole. It is the intention of the parties that this Agreement is binding on their principles, successors, agents,
assigns and representatives. The parties represent and warrant that they have all necessary rights and authority to enter into this Agreement.

12. Participant acknowledges that Participant is not compelled to agree to the foregoing terms and conditions. However, in accordance with AFVi’s
confidentiality policy, attendance at any AFVi function is not permitted without Participant’s agreement to the foregoing terms and conditions.
Participant’s acceptance of this Agreement and/or attendance at any AFVi function shall be sufficient evidence of Participant’s acceptance of the
obligations contained within this Agreement and Participant’s acknowledgment and an agreement to abide by its terms.

Participant acknowledges that Participant has read and understands this Agreement and voluntarily accepts the duties and obligations set forth
herein.

Print Name: _______________________________________________

Signature: ________________________________________________

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