4. In particular, a contractual term shall be unfair for the purposes of paragraph 3, if its object or effect is to:
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(a)
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exclude or limit the liability of the party that unilaterally imposed the term for intentional acts or gross negligence;
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(b)
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exclude the remedies available to the party upon whom the term has been unilaterally imposed in the case of non-performance of contractual obligations, or the liability of the party that unilaterally imposed the term in the case of a breach of those obligations;
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(c)
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give the party that unilaterally imposed the term the exclusive right to determine whether the data supplied are in conformity with the contract or to interpret any contractual term.
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