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 Agreement

  1. LICENSE. Johns Manville ("JM") grants to the legal entity which accepts this Agreement ("the Linking Party"), and you, on behalf of the Linking Party, accept, a non-exclusive, non-transferable license to display a Link (as defined below) to the home page of www.jm.com on the World Wide Web site owned or operated by the Linking Party (the "Linking Site"). A Link shall consist solely of the JM logo (the "Logo") or a text link "Johns Manville" as specified by JM from time to time. Nothing in this Agreement grants to the Linking Party any rights in the Logo, the www.jm.com or any other intellectual property of JM or any of its affiliates, other than as expressly set forth in this Agreement. As used in this Agreement, the capitalized term "Link" shall mean a hypertext link located on the Linking Site which shall link directly to the home page of JM located at www.jm.com (as such URL may be modified from time to time), and which shall be implemented by the Linking Party solely in accordance with this Agreement.

  2. GUIDELINES. The Linking Party agrees to comply with the following guidelines:

    1. The Linking Party may use only the Logo in the specific format provided by JM, as such Logo and format may be modified and provided to the Linking Party by JM from time to time. Such Logo and format shall be provided after you, on behalf of the Linking Party, agree to be bound by the terms and conditions of this Agreement by clicking on the "Accept" button on the bottom of this page.
    2. The Linking Party may only use the Logo on the Linking Site, and not in any other manner. The Logo must always be an active link to the homepage of the JM site at www.jm.com and not to any other page within JM's web site. JM does not permit any form of "deep linking" past the www.jm.com homepage unless the Linking Party obtains separate written permission from JM. Any Links must display the JM homepage exactly as it has been created by JM; no "framing" or other alterations or additions are permitted.
    3. The Logo may be used only on web pages that make accurate references to JM or its products and must be displayed adjacent to the reference or at the bottom of the same page. The Linking Party may not display the Logo in any manner that implies that JM sponsors or endorses the Linking Party or the Linking Site. The Linking Party may not use the Logo on any site that disparages JM or any of its affiliates or their respective products.
    4. The Logo must appear by itself, with a minimum of 25 pixels of spacing between each side of the Logo and the other graphic or textual elements on the relevant page of the Linking Site. The Logo may not be used as a feature or design element of any other logo.
    5. The Linking Party may not alter the Logo or any elements thereof in any manner, including size, proportions, colors, etc., or animate, morph or otherwise distort the perspective or appearance of the Logo.

  3. REPRESENTATIONS AND WARRANTIES. The Linking Party represents and warrants to JM that it (a) (through you) has authority to enter into this Agreement and perform its obligations under this Agreement, (b) is under no obligation or restriction, nor will the Linking Party assume any such obligation or restriction, that does or would interfere or conflict with the obligations of the Linking Party under this Agreement, (c) has provided true, correct and complete information to JM, and (d) understands and agrees that the Logo is a registered trademark of JM, and that all rights in and to the Logo not granted in this Agreement are reserved by JM.

  4. COVENANTS. The Linking Party covenants and agrees with JM that (a) the Linking Party shall comply with JM's legal policies for users of www.jm.com, as in effect from time to time, (b) the Linking Site shall not be operated in violation of any applicable federal, state or local law, rule or regulation, (c) the content included on the Linking Site, as well as the operation of the Linking Site, will not violate or infringe the copyright, trademark, trade name, patent, literary, intellectual, artistic or dramatic right, right of publicity or privacy or any other right of any entity or person., (d) The Linking site does not contain any material which is libelous, slanderous or obscene, and (e) if any of the information provided above changes at any time, the Linking Party will notify JM as specified below in Section 10.

  5. USE OF DATA. The Linking Party shall not have the right to publish, share, sell or otherwise distribute any data collected with respect to users of the Linking Site which relate to (i) their clicking on a Link, (ii) their use of www.jm.com, or (iii) any other information deemed proprietary by JM. Except as otherwise provided above, this Agreement does not restrict the gathering, use, and dissemination of information concerning users collected by the other party. Each party is responsible for determining whether any such gathering, use or dissemination it performs is consistent with applicable laws and regulations.

  6. DISCLAIMER OF WARRANTIES. JM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE LOGO, THE WWW.JM.COM SITE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JM obtains certain of the content appearing on www.jm.com from third party sources; however, neither JM nor any of its content providers warrants the accuracy or completeness of content provided by third parties. Neither JM nor any of its content providers shall be deemed to be providing investment management, supervision or advisory services to the Linking Party or any of its users.

  7. LIMITATION OF LIABILITY. IN NO EVENT SHALL JM BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, SAVINGS, DATA OR USE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT THE LACK OF A REQUIREMENT OF ANY MONETARY PAYMENT HEREUNDER IS BASED IN PART UPON THESE LIMITATIONS, AND FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Without limiting the foregoing, JM shall have no responsibility for any monetary damages under any contract, tort or other legal or equitable theory, regardless of the form of the action. Such limit shall apply whether or not JM has been advised of the possibility of such damages.

  8. INDEMNITY. The Linking Party shall indemnify and hold harmless JM, its affiliates, and their respective officers, directors, members, employees and agents (the "JM Indemnitees") from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any misrepresentation or breach of the representations and warranties of the Linking Party set forth in this Agreement; and (b) any non-compliance by the Linking Party with any covenants, agreements or undertakings of the Linking Party contained in or made pursuant to this Agreement.

  9. TERM AND TERMINATION.

    1. The term of this Agreement shall begin on the date you agree, on behalf of the Linking Party, to be bound by the terms hereof by clicking on the button below labeled "Accept" and shall continue on a month to month basis until terminated as provided herein.
    2. Either the Linking Party or JM may terminate this Agreement at any time upon notice to the other party.
    3. This Agreement shall terminate automatically and simultaneously with the time the Linking Party is in violation of this Agreement.
    4. Whether or not JM terminates this Agreement as provided herein, JM reserves the right to take action against any use of the Logo or a Link that does not conform to this Agreement, infringes any intellectual property or other right of JM, or violates applicable law.
    5. Immediately upon the termination of this Agreement, the Linking Party shall disconnect all links to the www.jm.com site and cease all use of the Logo. The provisions of sections 3, 4, 5, 6, 7, 8, 9(f), 11 and 13 hereof shall survive the termination of this Agreement.

  10. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient upon receipt, when delivered personally or by courier, overnight delivery service, confirmed facsimile or confirmed email, or forty-eight (48) hours after being deposited in the regular mail as certified or registered mail with postage prepaid. Notices to the Linking Party shall be sent to the address specified by the Linking Party to JM in the Johns Manville Linking Partner Information form. Notices to JM should be sent to the following address:

      Johns Manville
      717 17th Street
      Denver, CO 80202
      Attention: Paula Kelly
      Tel: 303.978.2332
      Fax: 303.978.2363

    The Linking Party may change its address for notices by giving JM written notice in the manner set forth above. JM may change its address for notices by updating this page. In the event you have not indicated an address, or your address is no longer current, JM may use (i) the address indicated for the owner of the URL of the Linking Site in the database maintained by Network Solutions, Inc., or any other applicable domain registration authority, or (ii) the email address of the webmaster of the Linking Site, or any other similar email address specified on the Linking Site.

  11. GOVERNING LAW: JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. The parties hereby submit to the exclusive jurisdiction of the federal and state courts located in the City and County of Denver, and any action or suit under this Agreement shall only be brought by the parties in any federal or state court with appropriate jurisdiction over the subject matter established or settled in the City and County of Denver. The parties shall not raise in connection herewith, and hereby waive, trial by jury and/or other defenses based upon the venue, the inconvenience of forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any action or suit brought pursuant to this Agreement.

  12. AMENDMENT. JM reserves the right in its sole discretion to amend this Agreement by providing you with prior written notice thereof. If you do not wish to be bound by any such amendments, you many terminate this agreement within thirty (30) days of receiving notice of such amendment by providing written notice of termination to JM. A termination under this Section 12 requires the Linking Party to follow the steps outlined in Section 9.

  13. MISCELLANEOUS. If either JM or the Linking Party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and other expenses. You may not assign this Agreement in whole or in without the prior written consent of JM. Subject to the foregoing limitation, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement shall not be construed or deemed to create any partnership, joint venture, agency, franchise, or other form of agreement or relationship other than as expressly set forth in this Agreement. This Agreement, together with the information provided by the Linking Party under the Johns Manville Linking Partner Information form and the JM Linking Instructions, constitute the entire agreement of the parties and supersede any other understandings or agreements of any form between the parties relating to the subject matter of this Agreement.