Additional Terms that Govern this Limited Warranty
Each of us (i) agrees that all actions and proceedings relating directly or indirectly to
County, Colorado; (ii) consents to the jurisdiction and venue of any such court and
consents to service of process in any such action or proceeding by personal delivery
or any other method permitted by law; and (iii) waives any and all rights either of
us may have to object to the jurisdiction of any such court, or to transfer or change
the venue of any such action or proceeding. WE FURTHER EACH WAIVE THE RIGHT
TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, ARISING OUT OF,
OR IN ANY WAY RELATING TO, THESE TERMS AND CONDITIONS. We further agree
that this Limited Warranty may not be extended, altered or waived except in writing
HEREUNDER MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION
HAS ACCRUED. Primus Wind Power shall be entitled to recover legal fees, costs and
expenses in defending and enforcing this Limited Warranty against Customer and
others. This Limited Warranty shall be construed and enforced in accordance with the
AIR Wind Turbine Limited Warranty (continued)
8
Air X Owner’s Manual