Energy Recovery, Inc.

In certain cases, the Company issues product warranty and performance guarantees to its customers for amounts generally equal to

10% or less of the total sales agreement to endorse the execution of product delivery and to the warranty of design work, fabrication and

operating performance of the Company’s devices. These guarantees are generally LCs that have a weighted average life at inception of 36

months. See Note 6, “Lines of Credit –Letters of Credit,” for information related to LCs.

Litigation

From time-to-time, the Company has been named in and subject to various proceedings and claims in connection with its business.

The Company may in the future become involved in litigation in the ordinary course of business, including litigation that could be material to

its business. The Company considers all claims, if any, on a quarterly basis and, based on known facts, assesses whether potential losses

are considered reasonably possible, probable and estimable. Based upon this assessment, the Company then evaluates disclosure

requirements and whether to accrue for such claims in its consolidated financial statements. The Company records a provision for a liability

when it is both probable that a liability has been incurred and the amount of the loss can be reasonably estimated. These provisions are

reviewed at least quarterly and are adjusted to reflect the impacts of negotiations, settlements, rulings, advice of legal counsel and other

information and events pertaining to a particular case. As of December 31, 2025, the Company was not involved in any lawsuits, legal

proceedings or claims that would have a material effect on the Company’s financial position, results of operations, or cash flows. Therefore,

there were no material losses which were probable or reasonably estimable and accordingly, the Company didnot record a provision for

litigation as of December 31, 2025 and 2024.