CLEARZONE BREEZE User manual

B R E E Z E M A N U A L
STATEMENT OF CONFIDENTIALITY: This document contains information that is proprietary as patents are in review with our legal team. It has
been share with you in confidence and cannot be shared until the patents have been filed. This information will not be a part of any external
communications.
with HydroClear Technology.
AIR PURIFICATION SYSTEM
READ MANUAL CAREFULLY FOR PURPOSE AND OPERATION.

In The ClearZone offers an all-natural automated disinfecting solution for businesses. Our
products safely reduce a broad-spectrum of viruses, bacterias and germs on a microscopic
scale. Our products ensure that pathogens are reduced in every corner and crevice of each
room in the air, and in some cases, on hard and soft surfaces. The automated nature of the
process provides peace of mind, eliminating air-borne pathogens continually in occupied
spaces as people enter and leave the space. Your staff can safely use our products by
plugging them in, turning them on, and continuing to operate as usual, while decreasing
costs and keeping people safe. Other benefits of using our all-natural solution are decreased
month-to-month chemical refill costs while working towards creating a greener and more
sustainable future. We look forward to getting your business, In The ClearZone.
www.clearzone.ca | 226.236.8986 Issued: 01.05.2021
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OVERVIEW:
The Breeze is designed to provide years of trouble-free, low maintenance operation. Be sure
to read and follow all service procedures outlined in this owner’s manual, and use only
genuine In The ClearZone replacement parts available from your Independent
Distributor/Contractor or by contacting In The ClearZone.
AUTHORIZATION MEMORANDUM:
WARNING: To reduce the risk of injury, the user must read and understand the manual
before using this product.
By purchasing this product, you agree to have: carefully assessed the Manual for In The
ClearZone’s Breeze. This document has been completed in accordance with the
requirements of System Development Methodology.
By purchasing this product you agree to: fully accept the changes as needed improvements
and authorize initiation of work to proceed. Based on your authority and judgment, the
continued operation of this system is authorized.
PACKAGE CONTENTS
Manual
Terms and Conditions
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IMPORTANT INSTRUCTIONS - OPERATORS MANUAL
BREEZE™ Manual
Automated hydroxyl purifier with carbon filters and UV light.
This product is intended for use as an air and surface disinfectant.
This generator is for use in occupied spaces.
READ AND SAVE THESE INSTRUCTIONS
READ CAREFULLY BEFORE ATTEMPTING TO OPERATE OR MAINTAIN THE PRODUCT
DESCRIBED. PROTECT YOURSELF AND OTHERS BY OBSERVING ALL SAFETY INFORMATION.
FAILURE TO COMPLY WITH INSTRUCTIONS COULD RESULT IN PERSONAL INJURY AND/OR
PROPERTY DAMAGE!
Have a Question? Need a Part?
Contact In The ClearZone Customer Service:
1-226-236-8986 M-F 8AM-5PM ETS.

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TABLE OF CONTENTS
Page #
WARNINGS 1
1.0 GENERAL INFORMATION 2
1.1 System Overview 2
1.2 Package Details 2
1.3 Points of Contact
1.4 Authorized Use Permission 2
1.5 System Summary 2
1.6 User Access Levels 2
2.0 GETTING STARTED 2
2.1 Treatment Overview 2
2.2 Operation 2
2.2.1 Applications
2.2.2 Using the Power Cord
2.2.3 Emergency Stop
2.3 Maintenance 3
3.0 SAFETY INFORMATION 3
3.1 Work Area 3
3.2 Electrical Safety 3
3.3 Personal Safety 3
3.4 Product Use & Care 3
3.5 Service 4
4.0 ELECTRICAL 4
4.1 Double Insulation 4
4.2 Electrical Connection 4
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WARNING
• NEVER USE WITH AN EXTENSION CORD. DO NOT PLUG THE UNIT INTO ANY OTHER CORD
CONNECTED DEVICE, SUCH AS A POWER STRIP, SURGE PROTECTOR, MULTIPLE OUTLET ADAPTER,
CORD REEL OR OUTLET-TYPE AIR FRESHENER. THE USE OF SUCH DEVICES MAY CREATE A FIRE
HAZARD. DO NOT PLUG MULTIPLE DEVICES IN THE SAME OUTLET OR ON THE SAME CIRCUIT AS THE
UNIT.
• FAULTY WALL OUTLET CONNECTIONS MAY CAUSE THE WALL OUTLET TO OVERHEAT. BE SURE THAT
THE UNIT PLUG FITS TIGHTLY INTO THE OUTLET BEFORE EACH USE. DURING USE, CHECK TO MAKE
CERTAIN THE UNIT PLUG IS NOT OVERHEATING. IF NECESSARY HAVE A QUALIFIED ELECTRICIAN
CHECK AND/OR REPLACE THE WALL OUTLET. DO NOT USE THIS UNIT WITH ANY SOLID-STATE SPEED
CONTROL DEVICES.
• Make certain that the power source conforms to the electrical requirements of the unit.
• Extreme caution is necessary when any unit is used by or near children or invalids. The unit should not
be left operating unattended. Never leave children unattended when the unit is on or plugged in.
• This appliance has a polarized plug (one blade is wider than the other). To reduce the risk of electric
shock, this plug is intended to fit in a polarized outlet only one way. If the plug does not fit fully in the
outlet, reverse the plug. If it still does not fit, contact a qualified electrician. Do not attempt to defeat this
safety feature.
• DO NOT use the unit in areas where gasoline, paint, or flammable liquids are used or stored. DO NOT
use the unit in locations where flammable or explosive chemicals are stored, or in wet atmospheres.
• Do not operate any unit with a damaged cord or plug or after the unit malfunctions or has been dropped
or damaged in any manner. To disconnect the unit, turn the unit OFF, then remove the plug from the
outlet.
• Always unplug the unit when not in use. Unplug the power cord before servicing or moving the unit.
• Do not insert or allow fingers or foreign objects to enter any ventilation or exhaust opening as it may
cause an electric shock, fire, or damage to the unit. Do not block or tamper with the unit in any manner
while it is in operation.
• Do not block air intake or exhaust in any manner. Do not place it on soft surfaces, like a bed, where
openings may become blocked. Do not depend on the on/off switch as the sole means of disconnecting
power when servicing or moving the unit. Always unplug the power cord.
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1.0 GENERAL INFORMATION
1.1 System Overview
An intelligent system for sanitizing enclosed spaces:
●A powerful hydroxyl generator for air sanitization
●System name or title: The Breeze
●Operational status: Operational
●System category:
○Disinfects hard and soft surfaces
○Purifies the air in enclosed, inhabited spaces
○Automated machinery
●Weight: 3lbs
●Replaceable Parts: Carbon filters (every 6 months), UV light (depending on use, every 6 - 12
months)
●For use in rooms up to 160 sq ft.
1.2 Package Details
With the Breeze, you will receive: Machine, Power Cord, UV light, Carbon filters, Manual (additional
materials are available upon request).
1.3 Points of Contact
Madison Olson -Customer Service [e-mail] 226-236-8986
Jenessa Olson -Hardware Management [email protected] 519-933-1722
1.4 Authorized Use Permission
In The ClearZone provides comprehensive and sustainable disinfecting solutions for commercial spaces
to meet your businesses needs. In The ClearZone provides access to a variety of resources through the
website, www.clearzone.ca and through access to our technicians, including documentation and other
product information, marketing communications, and other services including set up, servicing hardware
and customer service. The Documentation and Services are subject to the following Terms of Use unless
we have provided those items to you under more specific terms, in which case, those more specific
terms will apply to the relevant item. In The ClearZone reserves the right to update the TOU at any time
without notice to you.
1.5 System Summary
The Breeze system features filters, a fan, and UV lights. Air is actively drawn into the machine through the
perforated sides, filtered and passed by the UV lights. This process captures particles within the
machine, sterilizes the air and creates hydroxyls that are then released into space to sterilize the entire
space.
1.6 User Access Levels
All operators must have read and understood the operators manual prior to use. All operators must
follow the guidelines for use in their space.
2.0 GETTING STARTED
2.1 Treatment Overview
The operator plugs the Breeze into an outlet, positioning it in an optimal location for airflow. Once
plugged in, tap the power button on the top of the machine. The Breeze will automatically begin purifying
the air in the space. Double-tap the power button to increase power. Triple tap the power button to turn
the machine off. To turn the Atmosphere off, flick the black power switch into the off position.
WARNING: Do not allow familiarity with tools to make you careless. Always follow directions closely.
WARNING: Do not use any attachments or accessories not recommended by In The ClearZone with this
tool. The use of attachments or accessories not recommended can result in serious personal injury. In
The ClearZone is not responsible for injury due to the use of additional attachments or accessories.
2.2 Operation
2.2.1 Applications
You may use this tool for the purpose of general sanitization in all small enclosed spaces.
2.2.2 Using The Power Cord
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Connect the male end of the power cord to the power source. Make sure the power cord is secured
before beginning operation.
2.2.3 Emergency Stop
An emergency stop can happen by unplugging the machine from the wall.
2.3 Maintenance
Contact In The ClearZone or your Independent Distributor/Contractor to reorder replacement parts.
Filters require replacement every 6months. If used 24/7, UV lights require replacement every 6months. If
used during working hours (for example 9 am-5 pm), UV lights require replacement every 12months.
WARNING: When servicing, use only identical replacement parts from In The ClearZone. Use of any other
part could create a hazard or cause product damage. Please contact In The ClearZone for replacement
support. In The ClearZone is not responsible for personal injury or product damage if parts are replaced
incorrectly.
3.0 SAFETY INFORMATION
3.1 Work Area
Keep your work area clean and well lit. Clutter around the Atmosphere and dark areas invite accidents.
3.2 Electrical Safety
Do not defeat the safety purpose of the polarized or grounding-type plug. A polarized plug has two
blades with one wider than the other. A grounding type plug has two blades and a third grounding prong.
The wide blade or the third prong are provided for your safety. If the provided plug does not fit into your
outlet, consult an electrician for the replacement of the obsolete outlet.
Protect the extension cord from being walked on or pinched particularly at plugs, convenience
receptacles, and the point where they exit from the product. Check extension cords before each use. If
damaged, replace it immediately. Never use a product with a damaged cord since touching the damaged
area could cause electrical shock resulting in serious injury. Constantly stay aware of cord location.
Unplug this product during lightning storms or when not in use.
Avoid shaking the machine to restrict the damage to UV lights.
3.3 Personal Safety
Dress properly. Loose clothes, jewellery, or long hair can be caught in moving parts or drawn into air
vents. Do not use on a ladder or unstable support.
3.4 Product Use & Care
Do not use solvents when cleaning the machine. Most parts are susceptible to damage from various
types of commercial solvents and can be damaged by their use. Use clean, dry cloths to remove dirt,
dust, oil, grease, etc. If using solvents, apply them to a cloth and wipe them on external parts of the
machine. No chemicals should be sprayed directly on the machine.
Do not use a product that is damaged or modified. Damaged or modified products may exhibit
unpredictable behaviour resulting in fire, explosion, or risk of injury.
Do not insert fingers into the machine while it is running. If there is a problem with interior parts, please
contact In The ClearZoneimmediately.
Do not crush, drop or damage any part of the Atmosphere.
Do not operate near any heat sources such as radiators, heat registers, stoves, or other apparatus
(including amplifiers) that produce heat. Do not operate near any flames or where there is a risk of
flames. Following this rule will reduce the risk of electric shock, fire, or serious personal injury.
To reduce the risk of electric shock, do not use this generator near water.
For general disinfecting use only. Do not use near exhaust hazardous or explosive materials or vapours.
To reduce the risk of personal injury and electric shock, the Breeze should not be played with or placed
where small children can reach it.
WARNING: Always unplug the extension cord from your product when you are assembling parts, making
adjustments, cleaning, or when not in use. Unplugging the extension cord will prevent accidental starting
that could cause serious personal injury. In The ClearZone is not responsible for injury due to the use of
extension cord during assembly, adjustments, cleaning or when the machine is not in use.
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3.5 Service
Have your Breeze serviced only by an In The ClearZone technician using only identical replacement parts.
This will ensure that the safety of the Breeze is maintained.
Never service damaged parts yourself. Service of Atmosphere parts should only be performed by the In
The ClearZone or authorized service providers.
4.0 ELECTRICAL
4.1 Double Insulation
Double insulation is a concept in safety in electric products, which eliminates the need for the usual
three-wire grounded power cord. All exposed metal parts are isolated from the internal metal motor
components with protecting insulation. Double insulated products do not need to be grounded.
NOTE: Servicing a product with double insulation requires extreme care and knowledge of the system
and should be performed only by an In The ClearZone technician. For service, we suggest you return the
Atmosphere to your nearest authorized service centre for repair. Always use original factory replacement
parts when servicing.
4.2 Electrical Connection
When using the Breeze at a considerable distance from a power source, be sure to use an extension cord
that has the capacity to handle the current the product will draw. An undersized cord will cause a drop in
line voltage, resulting in overheating and loss of power. Only round jacketed cords listed by Underwriter’s
Laboratories (UL) should be used. WARNING: Keep the extension cord clear of the working area. Position
the cord so that it will not get caught on lumber, tools, or other obstructions while you are working with
this product. Failure to do so can result in serious personal injury. Check extension cords before each
use. If damaged, replace it immediately. Never use a product with a damaged cord since touching the
damaged area could cause electrical shock resulting in serious injury
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IMPORTANT CONTENT - TERMS OF USE
TERMS AND CONDITIONS
Automated hydroxyl purifier with UV light.
This product is intended for use as an air and surface disinfectant.
This generator is for commercial operation in occupied spaces only.
READ AND SAVE THIS DOCUMENT
Have a Question? Need a Part?
Contact In The ClearZone Customer Service:
1-226-236-8986 M-F 8AM-5PM ETS.
It is the nature of business today that we must post our official Terms and Conditions of Sale.

READ AND SAVE THESE TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS GOVERN IN THE CLEARZONE’S SALES TO YOU, OUR BUYER, UNLESS OTHERWISE STATED IN
THE TERMS AND CONDITIONS BELOW. BY PURCHASING PRODUCTS FROM IN THE CLEARZONE, BUYER CONFIRMS ITS
AGREEMENT WITH THESE TERMS, AND AGREES THAT, EVEN IF BUYER SENDS IN THE CLEARZONE ANOTHER FORM OF
AGREEMENT OR TERMS, OR MODIFICATIONS TO THESE TERMS, AND IN THE CLEARZONE DOES NOT EXPRESSLY ACCEPT
SUCH AGREEMENT, TERMS OR MODIFICATIONS IN WRITING, THESE TERMS SHALL GOVERN.
Please understand that In The ClearZone Corp. will support our customers and attempt to resolve any dissatisfaction you have
with our products or services.
Please call us and discuss any situation for which you have not received proper service or have incurred a difficulty with a material
product that you have purchased from us. If you would prefer to drop an e-mail to us, please do so at [e-mail]
and you will receive a prompt response.
1. DEFINITIONS.As used below,
“In The ClearZone”, “ClearZone”, “we” or “us” means In The ClearZone Corp., an Ontario corporation and their subsidiaries and
affiliates, or, in connection with sales made outside Canada or the United States of America by a local affiliate, the local
affiliate.
“Product” means any product made by In The ClearZone.
“Buyer” means a party purchasing any Product by In The ClearZone.
“Terms and Conditions”, “Terms of Use” and “Terms” means In The ClearZone’s Terms and Conditions.
References herein to “the Contract” relate to any sales contracts, purchase orders, and any other communication relating to the
sale and delivery of the Products, which are all subject to these Terms and Conditions of Sale.
If the Buyer resides in Canada, these Terms shall be governed exclusively by, and interpreted in accordance with, the laws of
Ontario and Canada therein, without giving effect to its conflicts of laws principles. The United Nations Convention on
Contracts for the International Sale of Goods will not apply to any sale of Products and is expressly excluded.
BY REQUESTING A QUOTE FROM CLEARZONE OR PRESENTING AN ORDER TO IN THE CLEARZONE AND ABSENT A SIGNED
SALES AGREEMENT, BUYER CONFIRMS THAT THESE TERMS AND CONDITIONS SHALL GOVERN ALL PURCHASES OF
PRODUCTS OR SERVICES BY BUYER FROM IN THE CLEARZONE, AND NO CHANGES OR ADDITIONAL OR DIFFERENT TERMS
(EVEN IF CONTAINED IN A PURCHASE ORDER ACCEPTED BY IN THE CLEARZONE, OR OTHERWISE) WILL CHANGE THESE
TERMS AND CONDITIONS UNLESS SPECIFICALLY ACKNOWLEDGED IN WRITING AND SIGNED BY AN AUTHORIZED
REPRESENTATIVE OF IN THE CLEARZONE. NO IN THE CLEARZONE EMPLOYEE OR AGENT HAS THE AUTHORITY TO MODIFY
THESE TERMS AND CONDITIONS VERBALLY. THESE TERMS MAY BE MODIFIED ONLY BY THE WRITTEN, SIGNED
AGREEMENT OF BUYER AND AN AUTHORIZED REPRESENTATIVE OF IN THE CLEARZONE. IN THE CLEARZONE OBJECTS TO
AND REJECTS ANY TERMS BETWEEN BUYER AND ANY OTHER PARTY, AND NO SUCH TERMS, INCLUDING BUT NOT LIMITED
TO ANY GOVERNMENT REGULATIONS OR “FLOWDOWN” TERMS, SHALL BE A PART OF OR INCORPORATED INTO ANY ORDER
FROM BUYER TO IN THE CLEARZONE, UNLESS AGREED TO IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF IN THE
CLEARZONE.
2. PRODUCTQUANTITY. ClearZone will not be required to deliver a quantity of Product exceeding that specified in the Contract.
3. PRICES AND DELIVERY.Product prices are determined by the applicable Sales Agreement, if any. In the absence of a Sales
Agreement, prices are determined by ClearZone’s written or emailed confirmation of Buyer’s order or, in the absence of a
confirmed order, Buyer agrees to pay the prices quoted by ClearZone, and is responsible for additional applicable shipping and
handling charges, taxes and duties. Unless otherwise stated, all goods will be delivered CIF to a facility specified by Buyer, and
payment will be due upon order unless other financing options have been previously agreed to and authorized. Buyer agrees to
reimburse ClearZone for ClearZone’s costs of collection should Buyer fail to pay ClearZone in a timely manner, including
reasonable legal fees and interest at the annual rate of LIBOR plus 5% (or the maximum allowed by applicable law, whichever
is lower).Risk of loss or damage to Products will pass to Buyer. All delivery dates are estimates only.
4. CREDIT AND DEFAULT.Buyer represents and warrants to ClearZone that it is solvent at the time this contract is made and
Buyer hereby makes a continuing representation and warranty of its solvency at the time of each tender or delivery hereunder.
In the event of a default by Buyer of these Terms and Conditions of sale, ClearZone may elect its rights and remedies
including, but not limited to the following: (a)cancel this and/or any other contracts (or any part thereof) with Buyer (with
Buyer remaining liable for damages and any unpaid invoices for Products delivered); (b)defer or cancel any shipments to the
Buyer; (c)declare forthwith due and payable all outstanding invoices to Buyer under this or any other contract; (d)bill at
contract price (on a cash before delivery basis if ClearZone so elects) all or any part of the Products covered by this or any
other contracts and require Buyer to specifically perform the contract by taking in and paying for such Products; and/or
(e)recover ClearZone’s reasonable legal fees.
5. LIMITED WARRANTY. ClearZone warrants that to the best of its knowledge all Products sold to Buyer will be free of any claim
of ownership by third parties. Fabricated parts will meet the physical dimensions agreed upon in writing. Buyer shall inspect all
Products for damage, defect or shortage promptly after Buyer receives them, and shall give ClearZone notice of any damage,
defect or shortage that Buyer finds within three days of receiving the Products. The conditions of any test for conformance
with Buyer’s specifications shall be mutually agreed upon and ClearZone will be notified of, and may be represented at, all such
tests. If any Product is determined by ClearZone not to conform to the warranty set forth above during the period ending at the
earlier of (i)the date of use of the Product by Buyer, or (ii)one month from date of shipment by ClearZone, then ClearZone
shall, at its sole option, either replace the defective Product or refund the purchase price once the defective product has been
returned to ClearZone. Defective Products shall not be returned by Buyer until authorized by ClearZone in writing. This remedy
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is Buyer’s exclusive remedy for breach of warranty. If applicable law prohibits this limitation of Buyer’s remedies, then
ClearZone agrees that the maximum amount Buyer may claim from ClearZone is the net purchase price Buyer actually paid to
ClearZone for the Product determined to be defective.
BUYER AGREES THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, GIVEN BY CLEARZONE BEYOND THIS LIMITED
WARRANTY. CLEARZONE EXPRESSLY EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, BREAKING, STRENGTH, SHRINKAGE,
ABSENCE OF MINOR IMPAIRMENTS, PHYSICAL OR CHEMICAL QUALITIES OR VARIATION IN THICKNESS, OR SIZE. BUYER
ACKNOWLEDGES THAT IT IS THE SOLE RESPONSIBILITY OF BUYER TO ASCERTAIN THE SUITABILITY OF THE PRODUCTS
FOR ANY USE. BUYER ACKNOWLEDGES THAT CLEARZONE HAS NOT MADE ANY REPRESENTATION OR WARRANTY,
EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION, QUALITY, DESCRIPTION, DURABILITY OR
SUITABILITY OF THE PRODUCTS WHICH BUYER HAS PURCHASED FROM CLEARZONE. Buyer shall assume all risks and
liabilities arising out of possession, use, or resale of the Products, including, but not limited to, any risk or liability based on
alleged negligence on the part of ClearZone.
6. LIMITATION OF CLAIMS. Except as agreed in the Limited Warranty set forth above, ClearZone shall not be responsible for any
harm arising directly or indirectly out of Buyer’s purchase, possession or use of any Product, whether based in contract,
warranty, negligence or other tort, strict liability, or otherwise.CLEARZONE SHALL NOT BE LIABLE FOR INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS,
EQUIPMENT DOWNTIME, COST OF ANY SUBSTITUTE FOR PRODUCTS, CLAIMS OF THIRD PARTIES OR INJURY TO
PERSONS OR PROPERTY. THIS LIMITATION SHALL APPLY NOTWITHSTANDING A FINDING THAT ANY REMEDY FAILS OF
ITS ESSENTIAL PURPOSE.
7. ADVICE AND OTHER SERVICES. Buyer agrees that ClearZone will not have control over the design, testing or labeling of any
product produced using the Products, and that Buyer is not relying on any representation or statement made by, or on behalf
of, ClearZone with respect to the suitability of any Product for any purpose, or on any advice, recommendation or information
obtained from ClearZone’s product literature or web sites, including any design aid or other service made available by
ClearZone. Buyer agrees and acknowledges it has tested and investigated the Products enough to form an independent
judgment concerning their suitability for the use, conversion or processing intended by Buyer and shall not make any claim
against ClearZone based on ClearZone’s advice, statements, information, services or recommendations.
8. INTELLECTUAL PROPERTY. Any suggestions ClearZone maymake about possible articles, designs or uses of Products do not
give Buyer a license under any patent or other intellectual property right covering such articles, designs or uses, nor are they a
recommendation that Buyer use any Product in a manner that may infringe any patent or other intellectual property right.
Except as otherwise stated in this paragraph, if there is a claim that any Product, in the form in which ClearZone sold it to
Buyer, infringes another company’s or person’s patent or other intellectual property right in the jurisdiction in which such sale
took place, then (i)ClearZone will defend Buyer against such claim, and indemnify Buyer against all reasonable costs of such
defense incurred by Buyer, and (ii)if any Product subject to such a claim is determined to infringe another company’s or
person’s patent or other intellectual property right, ClearZone shall, at its sole option and expense, either procure for Buyer the
right to continue using the Product or accept return of the Product from Buyer and refund the purchase price thereof. The
foregoing states the entire obligation of ClearZone for intellectual property infringement. Notwithstanding the foregoing,
ClearZone shall not be responsible for, and Buyer shall indemnify and hold ClearZone harmless against, any damages and
costs incurred by ClearZone as a result of any claim of infringement of another company’s or person’s patent or other
intellectual property right that arises from ClearZone’s compliance with any specification or instruction provided by Buyer to
procure certain products. In the event that Buyer shall become aware of any claim of the type described above, it will promptly
notify ClearZone in writing and give ClearZone all necessary information, assistance and exclusive authority for the defense of
any such claim and its settlement.
9. EVENTS BEYOND CLEARZONE’S CONTROL. ClearZone shall not be responsible if ClearZone’s performance of any obligation
hereunder (other than the payment of money) is delayed or becomes impossible or commercially unreasonable due to any
cause or event beyond ClearZone’s reasonable control, including, without limitation, acts of God, acts of any governmental
authority, acts of Buyer, acts of terrorism, war, civil disturbance, labor disruption or strike, fire, explosion, release of dangerous
or hazardous materials, inability to obtain necessary raw materials, utilities, transportation, machinery or services, supplier
delays, and any similar or dissimilar cause or event.
10. HEALTH AND SAFETY COMPLIANCE. ClearZone will give Buyer Safety Data Sheets (“SDSs”) or Material Safety Data Sheets or
“MSDSs”) as applicable, for Products sold hereunder. Buyer understands that some Products may be hazardous materials or
hazardous substances under various laws and regulations when handled or processed. Buyer agrees to familiarize itself
(without further reliance on ClearZone) with any hazards of the Products, their processing and applications. Buyer agrees to
provide the SDSs or MSDSs, as applicable, to all those required by law to receive same and to inform and train its employees,
and properly warn and instruct its customers, as to hazards identified in the SDSs or MSDSs, or discovered by Buyer in its
investigations. Buyer acknowledges that it has consulted ClearZone’s documents, including information set forth on
ClearZone’s Safety Data Sheets regarding the Products and other technical bulletins and publications containing safety, health,
handling and environmental hazard information concerning Products and their properties, that it has read and it understands
such information, and that it agrees to incorporate such information into its personnel safety programs. Buyer agrees to
properly manage all by-products resulting from use of all Products. Buyer agrees to indemnify and save harmless ClearZone in
the event Buyer fails to comply with its obligations in this paragraph.
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11. EXPORT CONTROL AND ECONOMIC SANCTIONS COMPLIANCE. Buyer shall ensure that any Products, technology or
software received from ClearZone are exported by Buyer only in compliance with applicable laws, including export control and
economic sanctions laws.
12. ELECTRONIC COMMERCE. Buyer shall be solely responsible for ensuring the security and integrity of its ordering process. Any
information provided by ClearZone via any Internet site or electronic communication (i)is subject to correction or change
without notice, and (ii)is provided for the sole use of Buyer for purposes of facilitating individual transactions involving the
purchase and sale of Products. Buyer agrees that it shall not rely upon any such information for any purpose other than
making individual purchases and shall not seek to assert such information against ClearZone for any other purpose.
ClearZone may issue electronic invoices for any purchases of Products and Buyer agrees to honor such invoice as if it had
been delivered in writing.
13. TERMINATION; SUSPENSION. In the event Buyer or ClearZone breaches any material term of this Agreement, the
non-breaching party may terminate this Agreement after thirty (30) days’ prior written notice to the other party if the breach
remains uncured after such thirty (30)-day period. Notwithstanding the foregoing ClearZone may terminate this Agreement or
adjust Buyer’s payment and/or credit terms effective immediately upon written notice to Buyer in the event (a)Buyer fails to
pay any ClearZone invoice within the time provided in this Agreement on two or more occasions, (b)Buyer generally fails to
pay its debts as they become due, (c)ClearZone reasonably believes Buyer’s creditworthiness has deteriorated or Buyer is
insolvent (whether based on the reasonable belief by ClearZone that Buyer’s liabilities exceed its assets; the existence of a
bankruptcy, assignment for the benefit of creditors or other similar proceeding involving Buyer; a liquidation of a significant
portion of the assets of Buyer; or otherwise) and (d)of a sale of a majority of the assets, or a change of control of the
ownership, of Buyer. If Buyer is in default hereunder, including by failure to pay invoices, ClearZone may suspend shipments of
Product, require cash in advance of deliveries, and/or reduce payment terms until all invoices are current and ClearZone
receives adequate assurance of future performance.
14. ARBITRATION.If any dispute arises between ClearZone and Buyer in connection with any supply by ClearZone to Buyer of
Products, or any other interaction Buyer may have with ClearZone, ClearZone and Buyer shall negotiate in good faith to resolve
the same. If no resolution is reached within one month after the issue is initially raised, the dispute shall be resolved by
arbitration conducted in Toronto, Ontario under theOntario Arbitration Act, 1991if Buyer is a person or entity residing in
Ontario and under the OntarioInternational Commercial Arbitration Actif Buyer does not reside in Ontario. The Parties shall
agree on a single arbitrator. If the Parties cannot agree on a single arbitrator, either Party may apply to the Ontario Superior
Court of Justice sitting in Toronto for the appointment of an arbitrator. The rules for such arbitration shall be agreed upon by
the Parties, but failing agreement shall be determined by the arbitrator. The arbitrator shall have no power to: (a) alter or
modify any of the express provisions of this contract; (b) to render any award which by its terms affects an alteration or
modification of this contract; or (c) to award punitive damages. The arbitrator’s failure to observe this limitation shall
constitute grounds for vacating his award. The arbitrator shall have no power to direct ClearZone to deliver or release
Products to Buyer until Buyer has fulfilled all of its obligations to ClearZone pursuant to the terms and conditions of all
contracts involved in the arbitration. Each Party shall bear its own fees, costs and expenses with respect to any such
arbitration except that the Parties shall share the costs of the arbitrator equally. The decision of the arbitrator shall be binding,
final and conclusive and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in
any court having jurisdiction.
15. GENERAL. Cancellation of any order, or return of any conforming Product purchased hereunder, shall be subject to acceptance
by ClearZone and to a restocking charge in accordance with ClearZone’s policy then in effect. Neither course of performance
or dealing, nor usage of trade, nor prior writings or agreements shall be used to qualify, explain or supplement any of these
terms and conditions. Failure by either party, at any time or from time to time, to require the performance by the other of any
term hereof shall not constitute a waiver of such term or provision. The invalidity, in whole or in part, of any term herein, shall
not affect any other term, each of which shall be enforced to the full extent permitted by law. Buyer may not assign or transfer
any rights or obligations under any Sales Agreement or other agreement governed by these terms without the prior written
consent of ClearZone. Notice shall be deemed properly given if sent by facsimile, confirmed by registered mail with return
receipt, overnight courier mail, hand-delivered, or registered mail with return receipt.ClearZone shall be entitled to reference
Buyer as a customer of ClearZone and utilize photographs of Buyer’s applications utilizing ClearZone’s products and marketing
materials.
www.clearzone.ca | 226.236.8986 Issued: .05.12. 2020 4
In The ClearZone Corp. 2020.