Common use of Disclaimer Clause in Contracts

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENT.

Disclaimer. LESSOR LEASES NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, ALL LICENSES IN THIS AGREEMENT, INCLUDING WITH RESPECT TO ALL PATENTS AND LESSEE TAKES KNOW-HOW (INCLUDING THE AIRCRAFT "AS-ISAIR PRODUCTS LICENSED ENGINEERING AND PROCESS STANDARDS AND POLICIES) ARE BEING MADE WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY NATURE (A) AS TO THEIR VALUE OR FREEDOM FROM ANY SECURITY INTERESTS; (B) AS TO TITLE, WHERE-IS"NONINFRINGEMENT, VALIDITY, ACCURACY OF INFORMATIONAL CONTENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT A PARTY OR ITS AFFILIATES KNOWS OR HAS REASON TO KNOW ANY SUCH PURPOSE) OR ANY OTHER MATTER, INCLUDING ANY WARRANTY (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE; OR (C) AS TO THE LEGAL SUFFICIENCY TO GRANT ANY RIGHTS THEREIN AND AS TO ANY CONSENTS OR APPROVALS (INCLUDING APPROVALS FROM ANY GOVERNMENTAL ENTITIES) REQUIRED IN CONNECTION HEREWITH OR THEREWITH, AND LESSOR DOES NOT MAKE NEITHER PARTY, NOR SHALL BE DEEMED TO HAVE MADEANY OF ITS REPRESENTATIVES, AND EXPRESSLY DISCLAIMS, MAKES OR HAS MADE ANY REPRESENTATION OR WARRANTY, AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE TITLEWRITTEN OR ORAL, AIRWORTHINESSAT LAW OR IN EQUITY, CONDITIONIN CONNECTION WITH THIS AGREEMENT, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON INCLUDING WITH RESPECT TO (I) THE LICENSED IP, INCLUDING WITH RESPECT TO THE MATTERS DESCRIBED IN THE FOREGOING CLAUSES ( A )-(C). WITHOUT LIMITING THE FOREGOING, EACH LICENSEE HEREBY ACKNOWLEDGES AND AGREES THAT ALL LICENSES IN THIS AGREEMENT ARE BEING MADE “AS IS, WHERE IS,” AND, INTER ALIA, SUBJECT TO ANY LIABILITYAGREEMENTS OF THE PARTIES EXISTING AS OF THE EFFECTIVE DATE, LOSS OR DAMAGE CAUSED OR ALLEGED AND EACH LICENSEE SHALL BEAR THE ECONOMIC AND LEGAL RISKS THAT ANY LICENSES IN THIS AGREEMENT SHALL PROVE TO BE CAUSED DIRECTLY INSUFFICIENT OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTOTHERWISE IMPAIRED.

Disclaimer. LESSOR LEASES OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NO PARTY HERETO MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE IMPROVENET SYSTEM, THE GEA CONTENT, THE GEA TECHNOLOGY, OR ANY OTHER TECHNOLOGY, CONTENT, OR INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER INFORMATION, DATA, PRODUCTS, SERVICES, ACCURACY OR RESULTS OF USE, RIGHTS OR OTHER SUBJECT MATTER OF THIS AGREEMENT AND LESSEE TAKES HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE AIRCRAFT "AS-ISEXTENT THAT ANY IMPLIED WARRANTY MAY NOT BE DISCLAIMED AS A MATTER OF APPLICABLE LAW, WHERE-IS"THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER SUCH LAW. ARTICLE X LIMITATION OF LIABILITY OTHER THAN WITH RESPECT TO INDEMNIFICATION OBLIGATIONS UNDER SECTION 12.1 OF ARTICLE XII, BREACH OF THE NONDISCLOSURE OBLIGATIONS UNDER ARTICLE VII, AND LESSOR DOES NOT MAKE NOR INSTANCES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS LIABLE TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR OTHER UNDER THIS AGREEMENT FOR ANY PARTICULAR PURPOSE FORM OF SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, KIND (WHETHER OR NOT DISCOVERABLEFORESEEABLE), AS TO EVEN IF INFORMED IN ADVANCE OF THE INFRINGEMENT POSSIBILITY OF ANY PATENTSUCH DAMAGES, TRADEMARK OR COPYRIGHTAND WHETHER ARISING IN CONTRACT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTTORT (INCLUDING NEGLIGENCE), OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTOTHERWISE.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, (a) SELLER HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTYALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that INCLUDING WITHOUT LIMITATION (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereofANY WARRANTY THAT BUYER WILL OBTAIN ANY PROPRIETARY RIGHTS IN OR TO ANY OF THE TECHNICAL INFORMATION, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereofTHE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, and RELATING TO THE TECHNICAL INFORMATION, THE REACTOR, THE SPUS LOTS, THE RAW MATERIALS OR ANY PRODUCT OR PROCESS WHICH INCORPORATES, USES OR IN ANY WAY INVOLVES SPU OR SPUS, (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15THE SUFFICIENCY OR COMPLETENESS OF THE TECHNICAL INFORMATION, OR (iv) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON RIGHT CLAIMED OR DERIVED BY BUYER IN THIS AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS ARTICLE 5, SELLER IS MAKING NO REPRESENTATION OR WARRANTY AS TO THE CONDITION OF THE PURCHASED ASSETS. ALL OF THE PURCHASED ASSETS ARE PURCHASED ON A “WHERE IS/AS IS” BASIS. SPECIFICALLY, SELLER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO (I) THE MANUFACTURE, USE OR SAFETY OF THE SPUS LOTS OR THAT SUCH SPUS LOTS WILL BE SUITABLE FOR ANY LIABILITY, LOSS OF THE INTENDED USES OF SUCH LOTS BY BUYER. SELLER MAKES NO REPRESENTATION OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING WARRANTY WITH RESPECT TO THE SERVICINGRAW MATERIALS AND FURTHER ADVISES BUYER THAT THE RAW MATERIALS ARE, MAINTENANCEAS OF THE DATE OF THIS AGREEMENT, REPAIR OUTSIDE OF THEIR SPECIFICATIONS AND THAT SUCH RAW MATERIALS MAY NOT BE SUITABLE OR IMPROVEMENT SAFE FOR ANY OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS INTENDED USES OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTSUCH MATERIALS BY BUYER.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PROVISIONS OF EXHIBIT E HERETO RELATING ASSIGNMENT, AND THE AGREEMENTS, CERTIFICATES AND OTHER DOCUMENTS TO BE DELIVERED BY SELLER AT OR PRIOR TO THE SERVICINGCLOSING, MAINTENANCETHE ASSETS ARE TO BE SOLD AND ACCEPTED BY BUYER AT CLOSING “AS IS, REPAIR WHERE IS AND WITH ALL FAULTS.” EXCEPT AS PROVIDED IN THIS AGREEMENT, THE ASSIGNMENT, AND THE AGREEMENTS, CERTIFICATES AND OTHER DOCUMENTS TO BE DELIVERED BY SELLER AT OR IMPROVEMENT PRIOR TO THE CLOSING, SELLER MAKES NO WARRANTY OR REPRESENTATION OF ANY SERVICED ENGINE KIND OR SERVICED AIRCRAFT; NATURE, EXPRESS OR IMPLIED IN FACT OR BY LAW, WITH RESPECT TO THE ORIGIN, QUANTITY, QUALITY, CONDITION OR SAFETY OF ANY EQUIPMENT OR OTHER PERSONAL PROPERTY, TITLE TO PERSONAL OR MIXED PROPERTY, TITLE TO REAL PROPERTY, COMPLIANCE WITH GOVERNMENTAL REGULATIONS OR LAWS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, CONDITION, QUANTITY, VALUE OR EXISTENCE OF RESERVES OF OIL, GAS OR OTHER MINERALS PRODUCIBLE OR RECOVERABLE FROM THE LEASES, UNITS OR XXXXX, OR OTHERWISE. EXCEPT AS PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT AGREEMENT, THE RIGHTS OF LESSEE ASSIGNMENT, AND THE AGREEMENTS, CERTIFICATES AND OTHER DOCUMENTS TO BE DELIVERED BY SELLER AT OR PRIOR TO THE CLOSING, ALL XXXXX, PERSONAL OR MIXED PROPERTY, DATA, RECORDS, MACHINERY, EQUIPMENT AND FACILITIES COMPRISING THE ASSETS OR SITUATED THEREON OR APPURTENANT THERETO, ARE TO BE CONVEYED BY SELLER AND ACCEPTED BY BUYER PRECISELY AND ONLY “AS IS, WHERE IS,” AND WITHOUT RECOURSE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTSELLER.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-ISEXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS ARTICLE 8, WHERE-IS"NEITHER PARTY MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KIND UNDER THIS AGREEMENT, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE TITLEINCLUDING WARRANTIES OF MERCHANTABILITY, AIRWORTHINESSQUALITY, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE A PARTICULAR PURPOSE, NONINFRINGEMENT, OR FOR VALIDITY OF PATENT CLAIMS. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY EITHER PARTY THAT EITHER PARTY WILL BE SUCCESSFUL IN OBTAINING ANY PARTICULAR PURPOSE OF PATENT RIGHTS, OR THAT ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS PATENTS WILL ISSUE BASED ON STRICT LIABILITY IN TORT, OR AS TO A PENDING APPLICATION. WITHOUT LIMITING THE QUALITY RESPECTIVE RIGHTS AND OBLIGATIONS OF THE MATERIAL PARTIES EXPRESSLY SET FORTH HEREIN, EACH PARTY SPECIFICALLY DISCLAIMS ANY GUARANTEE THAT ANY PRODUCTS WILL BE SUCCESSFUL, IN WHOLE OR WORKMANSHIP IN PART. EXCEPT AS EXPRESSLY PROVIDED HEREIN, FIBROGEN DISCLAIMS ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO THE LICENSED TECHNOLOGY, THE INVENTION(S) CLAIMED IN THE FIBROGEN PATENTS OR WITH RESPECT TO THE FIBROGEN PATENTS THEMSELVES, INCLUDING BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES ABOUT (I) THE VALIDITY, SCOPE OR ENFORCEABILITY OF ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITHTHE FIBROGEN PATENTS; (II) THE USEACCURACY, OPERATION SAFETY OR PERFORMANCE USEFULNESS FOR ANY PURPOSE OF ANY ITEM OF EQUIPMENT INFORMATION PROVIDED BY FIBROGEN TO ELUMINEX WITH RESPECT TO THE INVENTION(S) CLAIMED IN THE FIBROGEN PATENTS OR ENGINE WITH RESPECT TO THE FIBROGEN PATENTS THEMSELVES AND ANY PRODUCTS DEVELOPED FROM OR ANY RISKS RELATING THERETOCOVERED BY THEM; (III) WHETHER THE PRACTICE OF ANY INTERRUPTION CLAIM CONTAINED IN ANY OF SERVICE, LOSS OF BUSINESS THE FIBROGEN PATENTS WILL OR ANTICIPATED PROFITS MIGHT INFRINGE A PATENT OR SPECIAL, PUNITIVE OTHER INTELLECTUAL PROPERTY RIGHT OWNED OR CONSEQUENTIAL DAMAGESLICENSED BY A THIRD PARTY; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT PATENTABILITY OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED INVENTION CLAIMED IN THE PROVISIONS FIBROGEN PATENTS; OR (V) THE SAFETY OR USEFULNESS FOR ANY PURPOSE OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR LICENSED TECHNOLOGY OR IMPROVEMENT ANY PRODUCT OR PROCESS MADE OR CARRIED OUT IN ACCORDANCE WITH OR THROUGH THE USE OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTFIBROGEN PATENTS.

Disclaimer. LESSOR LEASES EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, THE SUPPLY AGREEMENT OR THE APA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY EXPRESSLY DISCLAIMS AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS", HAS NOT MADE AND LESSOR DOES SHALL NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, MADE ANY REPRESENTATION REPRESENTATIONS OR WARRANTYWARRANTIES OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, AS TO THE TITLEINCLUDING, AIRWORTHINESSBUT NOT LIMITED TO, CONDITIONANY WARRANTY OF MERCHANTABILITY, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY A PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE NON-INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO THE TECHNOLOGY, IMPROVEMENTS, THE XXXX (IAS DEFINED IN SECTION 13.10 BELOW) AND THE LICENSED PRODUCTS. EXCEPT AS TO ANY LIABILITYLIABILITY OR DAMAGES ARISING FROM THE INDEMNITY OBLIGATIONS SET FORTH IN ARTICLE 10 OR BREACH OF THE CONFIDENTIALITY OBLIGATIONS AS SET FORTH IN ARTICLE 7, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, INCLUDING LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICEPROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROPERTY OR ANTICIPATED PROFITS CAPITAL, OR SPECIALOTHER DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR THE OPERATION OR USE OF THE TECHNOLOGY, PUNITIVE IMPROVEMENTS, XXXX AND THE LICENSED PRODUCTS, INCLUDING WITHOUT LIMITATION, THE INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS BY THE LICENSED PRODUCTS, DAMAGES ARISING FROM LOSS OF REVENUE OR CONSEQUENTIAL PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, THE USE OR INABILITY TO USE ANY TECHNOLOGY OR LICENSED PRODUCTS, REGARDLESS OF HOW SUCH LOSS OR DAMAGE MAY HAVE OCCURRED AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (IV) . WITHOUT LIMITING THE DELIVERY HEREUNDERGENERALITY OF THE FOREGOING AND, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE TECHNOLOGY AND THE XXXX ARE BEING DELIVERED TO LICENSEE AND LICENSEE IMPROVEMENTS ARE BEING PROVIDED TO HONEYWELL ON AN “AS IS” AND “WHERE IS” BASIS, SUBJECT TO ACTUAL AVAILABILITY, IN THE PROVISIONS DATA FORMAT EXISTING AS OF EXHIBIT E HERETO RELATING TO THE SERVICINGEFFECTIVE DATE WHICH MAY INCLUDE, MAINTENANCEWITHOUT LIMITATION, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTPAPER AND ELECTRONIC FORMATS.

Disclaimer. LESSOR LEASES AND LESSEE TAKES EXCEPT FOR THE AIRCRAFT "ASWARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, DEDRONE MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR RELATING TO ANY PRODUCT OR THIRD-ISPARTY HARDWARE, WHEREOR ANY MATERIAL OR SERVICE FURNISHED OR PROVIDED TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, INCLUDING UPDATES OR SUPPORT. WITHOUT LIMITING THE FOREGOING, DEDRONE HEREBY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR TITLE. DEDRONE DOES NOT WARRANT THAT ANY PRODUCT WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS, THAT USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR ERROR-IS"FREE, OR THAT ANY DEFECT WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, DEDRONE DOES NOT GUARANTEE ANY RESULT OF ANY PRODUCT, AND LESSOR DOES IN NO EVENT SHALL DEDRONE BE LIABLE TO CUSTOMER FOR CUSTOMER’S RELIANCE ON USE OF ANY PRODUCT OR APPLICATION OF ANY DATA ARISING FROM USE OF ANY PRODUCT. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT PRODUCTS ARE NOT MAKE NOR SHALL BE DEEMED TO HAVE MADEDESIGNED, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION MANUFACTURED OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS INTENDED FOR USE OR FOR ANY PARTICULAR PURPOSE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS SUCH PRODUCT COULD LEAD DIRECTLY TO THE ABSENCE OF LATENT OR OTHER DEFECTSDEATH, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTPERSONAL INJURY, OR AS TO THE QUALITY OF THE MATERIAL SEVERE PHYSICAL OR WORKMANSHIP IN PROPERTY DAMAGE OR ENVIRONMENTAL DAMAGE (COLLECTIVELY, “HIGH RISK ACTIVITIES”). DEDRONE EXPRESSLY DISCLAIMS ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM GUARANTEE OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTFITNESS FOR SUCH HIGH RISK ACTIVITIES.

Disclaimer. LESSOR LEASES IT IS UNDERSTOOD, ACKNOWLEDGED AND LESSEE TAKES AGREED THAT, EXCEPT AS SET FORTH HEREIN NOVARTIS MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER WITH RESPECT TO THE AIRCRAFT "AS-PURCHASED ASSETS OR ANY OTHER MATTER OR THING REGARDING THE PURCHASED ASSETS. BUYER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLERS SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT THE PURCHASED ASSETS “AS IS, WHERE-WHERE IS", WITH ALL FAULTS”, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. BUYER HAS NOT RELIED AND WILL NOT RELY ON, AND LESSOR DOES NOVARTIS IS NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMSLIABLE FOR OR BOUND BY, ANY REPRESENTATION EXPRESS OR IMPLIED WARRANTIES, GUARANTIES, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PURCHASED ASSETS MADE OR FURNISHED BY SELLER, ITS AFFILIATES OR ANY AGENT REPRESENTING OR PURPORTING TO REPRESENT SELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE NOVARTIS DISCLOSURE SCHEDULE, THE TRANSACTION DOCUMENTS OR ANY ANCILLARY AGREEMENT. WITHOUT IN ANY WAY LIMITING THE FOREGOING, NOVARTIS HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, OF MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO ANY PORTION OF THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS PURCHASED ASSETS. BUYER REPRESENTS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTNOVARTIS THAT BUYER HAS CONDUCTED, OR AS WILL CONDUCT PRIOR TO THE QUALITY CLOSING, SUCH INVESTIGATIONS OF THE MATERIAL PURCHASED ASSETS AS BUYER DEEMS NECESSARY AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR WORKMANSHIP IN ANY ITEM ON BEHALF OF EQUIPMENT NOVARTIS OR ENGINE ITS AGENTS OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER EMPLOYEES WITH RESPECT THERETO, except for OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF NOVARTIS AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. [***] Certain information in this document has been omitted and filed separately with the representations of Lessor set forth in Section 4(e) below, Securities and that Lessor represents that (i) it Exchange Commission. Confidential Treatment has good title been requested with respect to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTomitted portions.

Disclaimer. LESSOR LEASES SAVE AS EXPRESSLY PROVIDED IN CLAUSE 8, SCHEDULE 1 AND LESSEE TAKES THE AIRCRAFT "AS-ISOTHER TRANSACTION DOCUMENTS, WHERE-IS"NO SELLER MAKES ANY WARRANTIES, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION GUARANTEES OR WARRANTYREPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE AIRCRAFT, AIRCRAFT INTERESTS OR SHARES OR ANY OF THEM. EACH ISSUER HEREBY WAIVES RELEASES AND RENOUNCES ALL WARRANTIES, OBLIGATIONS AND LIABILITIES OF EACH SELLER NOT EXPRESSLY PROVIDED IN CLAUSE 8, SCHEDULE 1 AND THE OTHER TRANSACTION DOCUMENTS INCLUDING BUT NOT LIMITED TO (1) ANY IMPLIED WARRANTY AS TO THE TITLEDESCRIPTION, AIRWORTHINESS, CONDITIONMERCHANTABILITY, FITNESS FOR ANY PURPOSE, VALUE, CONDITION, DESIGN, OPERATIONUSE OR OPERATION OF THE AIRCRAFT OR ANY PAST PERFORMANCE, MERCHANTABILITY COURSE OF DEALING, USAGE OR FITNESS TRADE OR OTHERWISE, (2) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT (INCLUDING STRICT LIABILITY), AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR USE LOSS OF OR DAMAGE TO THE AIRCRAFT, FOR LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO THE AIRCRAFT, FOR ANY LIABILITY OF ANY LESSEE TO ANY THIRD PARTY, FOR ANY LIABILITY OF THE ISSUERS TO ANY THIRD PARTY, OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTSDIRECT, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND ALL SUCH WARRANTIES, GUARANTEES, REPRESENTATIONS, OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR (IV) THE DELIVERY HEREUNDERREMEDIES, OPERATIONEXPRESS OR IMPLIED, SERVICINGSTATUTORY OR OTHERWISE, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS ARE EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTEXCLUDED.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT AIRCRAFT, EACH ENGINE AND EACH PART THEREOF "AS-IS, ," "WHERE-IS" AND "WITH ALL FAULTS." EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND LESSOR DOES NOT MAKE NONE OF LESSOR, THE INDENTURE TRUSTEE NOR ANY PARTICIPANT MAKES, HAS MADE OR SHALL BE DEEMED TO HAVE MADE, AND EACH HEREBY EXPRESSLY DISCLAIMSDISCLAIMS AND WILL BE DEEMED TO HAVE EXPRESSLY DISCLAIMED, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, WORKMANSHIP, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY A PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR THE AIRCRAFT, EACH ENGINE OR ANY PART THEREOF; AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, ; AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, ; AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT; OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR AS IMPLIED, WITH RESPECT TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR AIRCRAFT, EACH ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTPART THEREOF.

Disclaimer. LESSOR LEASES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND LESSEE TAKES EXCEPT FOR THE AIRCRAFT "AS-ISABOVE LIMITED WARRANTY, WHERE-IS"THE SOFTWARE, SAAS OFFERING, SUPPORT AND MAINTENANCE SERVICES, AND LESSOR DOES PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND IVANTI AND ITS LICENSORS MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMSLIMITED TO, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESSWARRANTIES OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, VALUE, DESIGNACCURACY OR QUALITY OF DATA, OPERATIONAS WELL AS ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, OR FITNESS THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. XXXXXX CANNOT GUARANTEE AND DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE OR PROVISION OF THE SAAS OFFERING WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS CAN BE CORRECTED. THE SOFTWARE AND SAAS OFFERING ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR FOR DISTRIBUTION WITH ANY PARTICULAR PURPOSE EQUIPMENT, THE FAILURE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS WHICH COULD LEAD DIRECTLY TO THE ABSENCE OF LATENT OR OTHER DEFECTSDEATH, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTPERSONAL INJURY, OR AS TO THE QUALITY OF THE MATERIAL SEVERE PHYSICAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTENVIRONMENTAL DAMAGE.

Disclaimer. LESSOR LEASES THE INFORMATION, CONTENT AND LESSEE TAKES DOCUMENTS FROM OR THROUGH THE AIRCRAFT SITE OR OTHERWISE ARE PROVIDED "AS-IS, WHERE-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTYALL WARRANTIES, EXPRESS OR IMPLIED, AS ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, INACCURACIES, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY PARTICULAR PURPOSE INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICEBUSINESS, LOSS OF BUSINESS PROFITS, LITIGATION, OR ANTICIPATED PROFITS THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR SPECIALOTHERWISE, PUNITIVE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR CONSEQUENTIAL DAMAGES; INFORMATION, WHETHER ORAL OR (IV) WRITTEN, OBTAINED BY YOU FROM US THROUGH THE DELIVERY HEREUNDERSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, OPERATION, SERVICING, MAINTENANCE, REPAIR REPRESENTATION OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS GUARANTEE NOT EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED STATED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENT.

Disclaimer. LESSOR LEASES NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, ALL LICENSES IN THIS AGREEMENT, INCLUDING WITH RESPECT TO ALL PATENTS AND LESSEE TAKES KNOW-HOW (INCLUDING THE AIRCRAFT "AS-ISDUPONT LICENSED ENGINEERING AND PROCESS STANDARDS AND POLICIES), WHERE-IS"ARE BEING MADE WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY NATURE (A) AS TO THEIR VALUE OR FREEDOM FROM ANY SECURITY INTERESTS; (B) AS TO TITLE, NONINFRINGEMENT, VALIDITY, ACCURACY OF INFORMATIONAL CONTENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT A PARTY OR ITS AFFILIATES KNOWS OR HAS REASON TO KNOW ANY SUCH PURPOSE) OR ANY OTHER MATTER, INCLUDING ANY WARRANTY (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE; OR (C) AS TO THE LEGAL SUFFICIENCY TO GRANT ANY RIGHTS THEREIN AND AS TO ANY CONSENTS OR APPROVALS (INCLUDING APPROVALS FROM ANY GOVERNMENTAL ENTITIES) REQUIRED IN CONNECTION HEREWITH OR THEREWITH, AND LESSOR DOES NOT MAKE NEITHER PARTY, NOR SHALL BE DEEMED TO HAVE MADEANY OF ITS REPRESENTATIVES, AND EXPRESSLY DISCLAIMS, MAKES OR HAS MADE ANY REPRESENTATION OR WARRANTY, AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE TITLEWRITTEN OR ORAL, AIRWORTHINESSAT LAW OR IN EQUITY, CONDITIONIN CONNECTION WITH THIS AGREEMENT, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON INCLUDING WITH RESPECT TO THE LICENSED IP, INCLUDING WITH RESPECT TO THE MATTERS DESCRIBED IN THE FOREGOING CLAUSES (I) A)-(C). WITHOUT LIMITING THE FOREGOING, EACH LICENSEE HEREBY ACKNOWLEDGES AND AGREES THAT ALL LICENSES IN THIS AGREEMENT, INCLUDING WITH RESPECT TO ALL PATENTS AND KNOW-HOW (INCLUDING THE DUPONT LICENSED ENGINEERING AND PROCESS STANDARDS AND POLICIES), ARE BEING MADE “AS IS, WHERE IS,” AND, INTER ALIA, SUBJECT TO ANY LIABILITYAGREEMENTS OF THE PARTIES EXISTING AS OF THE EFFECTIVE DATE, LOSS OR DAMAGE CAUSED OR ALLEGED AND EACH LICENSEE SHALL BEAR THE ECONOMIC AND LEGAL RISKS THAT ANY LICENSES IN THIS AGREEMENT, INCLUDING WITH RESPECT TO ALL PATENTS AND KNOW-HOW AND THE DUPONT LICENSED ENGINEERING AND PROCESS STANDARDS AND POLICIES, SHALL PROVE TO BE CAUSED DIRECTLY INSUFFICIENT OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTOTHERWISE IMPAIRED.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT DATA IS PROVIDED "AS-AS IS" WITHOUT WARRANTY OF ANY KIND, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE TITLEACCURACY, AIRWORTHINESSCOMPLETENESS, CONDITIONTIMELINESS, VALUENONINFRINGEMENT, DESIGNMERCHANTABILITY, OPERATION, MERCHANTABILITY OR FITNESS FOR USE A PARTICULAR PURPOSE. NEITHER LIVEVOL, NOR ANY PROVIDER OF DATA TO LIVEVOL, NOR ANY OF THEIR RESPECTIVE AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL HAVE ANY LIABILITY OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES FOR LOST PROFITS OR LOST OPPORTUNITIES AND WHETHER BASED UPON CONTRACT, TORT, WARRANTY, OR OTHERWISE) FOR ANY INACCURACIES, OMISSIONS, HUMAN OR MACHINE ERRORS, OR OTHER IRREGULARITIES IN THE DATA OR FOR ANY PARTICULAR PURPOSE CESSATION, DISCONTINUANCE, FAILURE, MALFUNCTION, DELAY, SUSPENSION, INTERRUPTION, OR TERMINATION OF, OR WITH RESPECT TO, THE PROVISION OF THE DATA TO SUBSCRIBER. THE DATA IS NOT, AND SHOULD NOT BE CONSTRUED AS FINANCIAL, LEGAL OR OTHER ADVICE OF ANY ITEM OF EQUIPMENT OR ENGINE KIND, NOR SHOULD IT BE REGARDED AS AN OFFER OR AS A SOLICITATION OF AN OFFER TO THE ABSENCE OF LATENT BUY, SELL OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP OTHERWISE DEAL IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTINVESTMENT.

Disclaimer. LESSOR LEASES AND LESSEE TAKES IT IS EXPRESSLY UNDERSTOOD BY THE AIRCRAFT "AS-PARTIES HERETO THAT, SUBJECT TO SELLER’S LIMITED INDEMNITY PURSUANT TO SECTION 8.2 BELOW, THE ASSETS ARE ACQUIRED AS IS, WHERE-WHERE IS", WITH ALL FAULTS AND DEFECTS, BOTH PATENT AND LATENT, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADEWITHOUT WARRANTIES OF ANY KIND, AND EXPRESSLY DISCLAIMSMERCHANTABILITY, ANY REPRESENTATION OR WARRANTYFITNESS FOR A PARTICULAR PURPOSE, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDLESS OF HOW SUCH FAULTS AND DEFECTS WERE CAUSED OR CREATED (BY SELLER’S NEGLIGENCE, ACTIONS, OMISSIONS, OR FAULT, OR OTHERWISE). BY CLOSING, BUYER ACKNOWLEDGES IT HAS HAD OR WILL HAVE HAD PRIOR TO CLOSING A REASONABLE OPPORTUNITY TO INSPECT AND EXAMINE THE CONDITION OF EACH AND EVERY ASSET AND, SUBJECT TO SELLER’S LIMITED INDEMNITY PURSUANT TO SECTION 8.2 BELOW, BUYER IS AWARE OF AND ACCEPTS THE CONDITION OF EACH AND EVERY ASSET. ALTHOUGH SELLER HAS MADE, AND UNTIL CLOSING WILL MAKE, ALL OF ITS FILES AND RECORDS AVAILABLE TO BUYER, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, EXCEPT AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE SET FORTH IN SECTION 3 OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLETHIS AGREEMENT, AS TO THE INFRINGEMENT ACCURACY OR COMPLETENESS OF ANY PATENTTITLE OPINION, TRADEMARK OR COPYRIGHTDATA, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTREPORTS, RECORDS, PROJECTIONS, INFORMATION, OR AS MATERIALS NOW, HERETOFORE, OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THE QUALITY ASSETS INCLUDING, WITHOUT LIMITATION, ANY DESCRIPTION OF THE MATERIAL OR WORKMANSHIP ASSETS, THE PRICING ASSUMPTIONS, THE ENVIRONMENTAL CONDITION OF THE ASSETS, ANY OTHER MATTERS CONTAINED IN ANY ITEM OF EQUIPMENT OR ENGINE THE DATA, OR ANY OTHER EXPRESS MATERIALS FURNISHED OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER MADE AVAILABLE TO BUYER BY SELLER. IN ENTERING INTO AND PERFORMING THIS AGREEMENT, BUYER HAS RELIED AND WILL RELY SOLELY UPON SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH IN ARTICLE 3 OF THIS AGREEMENT AND UPON BUYER’S INDEPENDENT INVESTIGATION OF, AND JUDGMENT WITH RESPECT THERETOTO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTASSETS AND THEIR VALUE.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-ISEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR COMPANY MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR USE A PARTICULAR PURPOSE. THE SERVICES AND ANY MATERIALS ARE PROVIDED BY COMPANY ON AN “AS- IS” BASIS. COMPANY DOES NOT REPRESENT, WARRANT, AND/OR COVENANT THAT THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY REPORTS, ADVICE AND RECOMMENDATIONS, IN ANY FORM) PROVIDED BY COMPANY IN CONNECTION WITH THIS AGREEMENT AND/OR ANY ORDER FORM, ARE OR WILL NECESSARILY ALWAYS BE COMPLETELY ACCURATE, CURRENT, COMPLETE AND/OR CONTINUOUSLY AVAILABLE. COMPANY DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SERVICE WILL BE AVAILABLE WITHOUT INTERRUPTION OR TOTALLY ERROR-FREE, OR THAT ALL DEFECTS (INCLUDING, BUT NOT LIMITED TO, MINOR OR COSMETIC DEFECTS THAT DO NOT SIGNIFICANTLY AND ADVERSELY AFFECT FUNCTIONALITY) WILL BE CORRECTED. COMPANY IS NOT RESPONSIBLE FOR ANY PARTICULAR PURPOSE DELAYS, DELIVERY FAILURES, BREACH OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT DATA AND/OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS AND/OR DAMAGE CAUSED RESULTING FROM TRANSFER OF DATA OVER COMMUNICATION NETWORKS SUCH AS THE INTERNET AND/OR ALLEGED INABILITY TO BE CAUSED DIRECTLY ACCESS AND/OR INDIRECTLY BY ANY ITEM OF EQUIPMENT GET ACCURATE DATA FROM THIRD-PARTY SYSTEMS AND/OR ENGINE APPLICATIONS THAT THE SERVICES ARE DEPENDENT ON AND/OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTOTHERWISE.

Disclaimer. LESSOR LEASES SUBJECT TO THE LAST SENTENCE OF THIS SECTION 5, THE PARTIES HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS"ALL OF ITS CONFIDENTIAL INFORMATION, AND LESSOR DOES NOT MAKE EACH PARTY AGREES THAT NEITHER THE DISCLOSING PARTY NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ITS REPRESENTATIVES OR ANY REPRESENTATION OTHER PERSON MAKES ANY REPRESENTATIONS OR WARRANTYWARRANTIES, EXPRESS OR IMPLIED, AS WITH RESPECT TO THE TITLEACCURACY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION, AIRWORTHINESSINCLUDING, CONDITIONWITHOUT LIMITATION, VALUEANY FORECASTS, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT PROJECTIONS OR OTHER DEFECTSFORWARD-LOOKING INFORMATION INCLUDED THEREIN, WHETHER OR NOT DISCOVERABLE, AS TO AND THAT NEITHER THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE DISCLOSING PARTY NOR ITS REPRESENTATIVES OR ANY OTHER PERSON WITH RESPECT SHALL ASSUME ANY RESPONSIBILITY OR HAVE ANY LIABILITY TO (I) THE RECEIVING PARTY OR ANY LIABILITY, LOSS OF ITS REPRESENTATIVES RESULTING FROM THE SELECTION OR DAMAGE CAUSED USE OF THE CONFIDENTIAL INFORMATION BY THE RECEIVING PARTY OR ALLEGED ITS REPRESENTATIVES. THE RECEIVING PARTY ACKNOWLEDGES THAT IT IS NOT ENTITLED TO BE CAUSED DIRECTLY RELY ON THE ACCURACY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE COMPLETENESS OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) CONFIDENTIAL INFORMATION AND THAT ONLY SUCH EXPRESS REPRESENTATIONS AND WARRANTIES REGARDING CONFIDENTIAL INFORMATION AS MAY BE MADE TO THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED RECEIVING PARTY IN THE PROVISIONS OF EXHIBIT E HERETO A DEFINITIVE WRITTEN AGREEMENT RELATING TO A TRANSACTION, IF ANY, SHALL HAVE ANY LEGAL EFFECT, SUBJECT TO THE SERVICINGTERMS AND CONDITIONS OF SUCH AGREEMENT. NOTWITHSTANDING THE FOREGOING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THE DISCLOSING PARTY HEREBY REPRESENTS AND WARRANTS THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT IT HAS THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTAUTHORITY TO DISCLOSE THE CONFIDENTIAL INFORMATION.

Disclaimer. LESSOR LEASES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND LESSEE TAKES EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE AIRCRAFT "AS-ISPLATFORM, WHERE-IS"MAINTENANCE AND SUPPORT, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, ANY ADDITIONAL SERVICES ARE PROVIDED “AS IS” AND EXPRESSLY DISCLAIMS, “AS AVAILABLE” WITHOUT WARRANTY OF ANY REPRESENTATION OR WARRANTYKIND AND IGNYTE HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICINGPLATFORM, MAINTENANCEMAINTENANCE AND SUPPORT, REPAIR AND ANY ADDITIONAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR IMPROVEMENT ANY WARRANTY, GUARANTEE, OR REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, MAINTENANCE AND SUPPORT, AND ANY ADDITIONAL SERVICES. IGNYTE DOES NOT VERIFY, ERROR-CHECK OR WARRANT THE ACCURACY OR FITNESS OF ANY SERVICED ENGINE INFORMATION UPLOADED OR SERVICED AIRCRAFT; PROVIDED ENTERED INTO THE PLATFORM. IGNYTE IS NOT RESPONSIBLE FOR ANY DEFECT CAUSED BY OR THAT NOTHING CONTAINED OTHERWISE RESULTS FROM MODIFICATIONS, MISUSE OR DAMAGE TO THE PLATFORM MADE, PERMITTED OR OTHERWISE CAUSED BY CLIENT IN THIS SECTION 4(a) SHALL WHOLE OR IN PART. WHILE IGNYTE AND ITS CONTENT PROVIDERS USE COMMERCIALLY REASONABLE EFFORTS TO UPDATE THE PLATFORM WITH CONTINUALLY CHANGING LAWS, CODES, STANDARDS, REQUIREMENTS AND REGULATIONS (COLLECTIVELY, “LAWS”), INFORMATION AND FORMS, CLIENT MUST ALWAYS EXAMINE THE MOST CURRENT LAWS, INFORMATION, AND FORMS AND MAKE DETERMINATIONS AS TO THEIR APPLICABILITY TO CLIENT’S SITUATION TO ENSURE THAT CLIENT IS IN FULL COMPLIANCE WITH ANY WAY LIMIT AND ALL APPLICABLE LAWS. IGNYTE DOES NOT WARRANT THAT USE OF THE RIGHTS OF LESSEE AGAINST PLATFORM WILL RESULT IN CLIENT’S COMPLIANCE WITH ANY AFFILIATE OF LESSOR UNDER APPLICABLE LAWS, AND CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT CLIENT IS SOLELY RESPONSIBLE FOR ENSURING ITS COMPLIANCE WITH ANY LONG-TERM AGREEMENTAPPLICABLE LAWS.

Disclaimer. LESSOR LEASES EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, IN THE LEASE AND/OR OTHER CLOSING DOCUMENTS, BUYER ACKNOWLEDGES AND LESSEE TAKES THE AIRCRAFT "AS-ISAGREES THAT SELLER HAS NOT MADE, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADEAND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, AND EXPRESSLY DISCLAIMSWARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY REPRESENTATION KIND OR WARRANTYCHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, OF, AS TO, CONCERNING OR WITH RESPECT TO THE TITLEPROPERTY, AIRWORTHINESSINCLUDING, CONDITIONWITHOUT LIMITATION, (A) THE VALUE, DESIGNNATURE, OPERATIONQUALITY OR CONDITION OF THE PROPERTY; (B) THE WATER, MERCHANTABILITY SOIL AND GEOLOGY OF THE PROPERTY, (C) THE INCOME TO BE DERIVED FROM THE PROPERTY, (D) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH BUYER MAY CONDUCT THEREON, (E) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (F) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR USE OR FOR ANY A PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT THE PROPERTY, (G) THE MANNER OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL CONSTRUCTION OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETOMATERIALS, except for the representations of Lessor set forth in Section 4(e) belowIF ANY, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereofINCORPORATED INTO THE PROPERTY, (iiH) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereofTHE MANNER, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY QUALITY, STATE OF REPAIR OR LIABILITY TO LESSEE LACK OF REPAIR OF THE PROPERTY, OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED OTHER MATTER WITH RESPECT TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT PROPERTY. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE SET FORTH IN THIS AGREEMENT, IN THE PROVISIONS LEASE AND/OR OTHER CLOSING DOCUMENTS, SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE EXISTENCE IN OR ON THE PROPERTY OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTHAZARDOUS MATERIALS.

Disclaimer. LESSOR LEASES (a) THE SYSTEM IS PROVIDED TO LICENSEE ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MFDA, FOR ITSELF, ITS LICENSORS AND LESSEE TAKES THE AIRCRAFT "AS-ISITS AGENTS, WHERE-IS"SPECIFICALLY DISCLAIMS ALL WARRANTIES, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADEREPRESENTATIONS, AND EXPRESSLY DISCLAIMSCONDITIONS OR GUARANTEE OF ANY KIND, ANY REPRESENTATION OR WARRANTYEITHER EXPRESS, EXPRESS OR IMPLIED, AS STATUTORY OR OTHERWISE, IN RELATION TO THE TITLESYSTEM, AIRWORTHINESSINCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, CONDITIONSATISFACTORY QUALITY, VALUEUNINTERRUPTED USE, DESIGN, OPERATION, MERCHANTABILITY NON- INFRINGEMENT OR FITNESS FOR USE OR FOR ANY A PARTICULAR PURPOSE AND ARISING FROM USAGE OF ANY ITEM TRADE OR COURSE OF EQUIPMENT DEALING OR ENGINE OR AS PERFORMANCE. WITHOUT LIMITATION TO THE ABSENCE OF LATENT FOREGOING, MFDA DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY, CONDITION OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO GUARANTEE THAT (I) ANY LIABILITYTHE SYSTEM WILL MEET THE USERS’ REQUIREMENTS, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USEOPERATION OF THE SYSTEM WILL BE ERROR FREE OR UNINTERRUPTED, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED DEFECTS IN THE PROVISIONS SYSTEM WILL BE CORRECTED. UNDER NO CIRCUMSTANCES WILL MFDA OR ANY OF EXHIBIT E HERETO RELATING ITS LICENSORS OR SUPPLIERS BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR LIABILITY ARISING OUT OF THE CONTENT, INCLUDING ANY MISTAKES CONTAINED IN THE CONTENT OR THE USE OR TRANSMISSION OF THE CONTENT. ALL OBLIGATIONS ON MFDA, AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES BY MFDA, WRITTEN OR ORAL, EXPRESS OR IMPLIED (BY LAW OR OTHERWISE), THAT ARE NOT EXPRESSLY SET OUT IN THIS AGREEMENT ARE EXCLUDED TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTFULLEST EXTENT PERMITTED BY LAW.

Disclaimer. LESSOR LEASES AND LESSEE TAKES EXCEPT FOR THE AIRCRAFT "AS-ISEXPRESS WARRANTIES SET FORTH IN THIS Article 5, WHERE-IS", AND LESSOR DOES NOT MAKE NEITHER VERTEX NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, XXXXX MAKES ANY REPRESENTATION REPRESENTATIONS OR WARRANTYWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY LIABILITYWARRANTIES OF MERCHANTABILITY, LOSS TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR DAMAGE CAUSED NONINFRINGEMENT, EACH OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, EXCEPT FOR THE EXPRESS WARRANTY IN SECTION 5.3, VERTEX MAKES NO WARRANTIES OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE REPRESENTATIONS OF ANY ITEM KIND OR NATURE WITH RESPECT TO THE PATENTABILITY OF EQUIPMENT THE ASSIGNED COMPOUNDS, ADDITIONAL COMPOUNDS, OR ENGINE PRODUCTS OR VALIDITY, SCOPE, OR ENFORCEABILITY OF THE ASSIGNED PATENTS OR ANY RISKS RELATING THERETO; (III) CLAIMS THEREIN, OR THE PRACTICE, INCLUDING BUT NOT LIMITED TO FREEDOM TO OPERATE, REGARDING ANY INTERRUPTION OF SERVICEASSIGNED COMPOUND, LOSS OF BUSINESS ADDITIONAL COMPOUND, OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT PRODUCT. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.3, ALL RIGHTS GRANTED TO XXXXX HEREUNDER ARE PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONGON AN AS-TERM AGREEMENTIS BASIS.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS"WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADEARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTYREPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE APPLICATION OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING THE AUSTRALIAN CONSUMER LAW CONTAINED IN THE COMPETITION AND CONSUMER ACT 2010 OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION OR ANY SUCCESSORS TO SUCH LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF ACCENTURE FOR A BREACH OF A GUARANTEE, CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE SERVICINGFULL EXTENT PERMITTED BY THE RELEVANT LEGISLATION, MAINTENANCE, REPAIR OR IMPROVEMENT ACCENTURE’S SOLE LIABILITY FOR A BREACH OF ANY SERVICED ENGINE GUARANTEE, CONDITION OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN WARRANTY IMPLIED BY VIRTUE OF ANY WAY LIMIT OF THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTRELEVANT LEGISLATION IS LIMITED, AT ACCENTURE’S OPTION, TO REPLACING OR REPAIRING THE APPLICABLE GOODS OR PROVIDING THE APPLICABLE SERVICES AGAIN.

Disclaimer. LESSOR LEASES EACH OF CUMMINS (ON BEHALF OF ITSELF AND LESSEE TAKES EACH MEMBER OF THE AIRCRAFT "AS-ISCUMMINS GROUP) AND FILTRATION (ON BEHALF OF ITSELF AND EACH MEMBER OF THE FILTRATION GROUP) UNDERSTANDS AND AGREES THAT, WHERE-IS"EXCEPT AS EXPRESSLY SET FORTH HEREIN, IN ANY ANCILLARY AGREEMENT OR IN ANY CONTINUING ARRANGEMENT, NO PARTY TO THIS AGREEMENT, ANY ANCILLARY AGREEMENT OR ANY OTHER AGREEMENT OR DOCUMENT CONTEMPLATED BY THIS AGREEMENT, ANY ANCILLARY AGREEMENT OR OTHERWISE, IS REPRESENTING OR WARRANTING IN ANY WAY, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, HEREBY DISCLAIMS ALL REPRESENTATIONS AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIEDWARRANTIES, AS TO THE TITLEASSETS, AIRWORTHINESSBUSINESSES OR LIABILITIES CONTRIBUTED, CONDITIONTRANSFERRED OR ASSUMED AS CONTEMPLATED HEREBY OR THEREBY, VALUEAS TO ANY CONSENTS OR GOVERNMENTAL APPROVALS REQUIRED IN CONNECTION HEREWITH OR THEREWITH, DESIGNAS TO THE VALUE OR FREEDOM FROM ANY SECURITY INTERESTS OF, OPERATIONAS TO NONINFRINGEMENT, MERCHANTABILITY VALIDITY OR FITNESS FOR USE ENFORCEABILITY OR FOR ANY PARTICULAR PURPOSE OTHER MATTER CONCERNING, ANY ASSETS OR BUSINESS OF ANY ITEM OF EQUIPMENT OR ENGINE SUCH PARTY, OR AS TO THE ABSENCE OF LATENT ANY DEFENSES OR RIGHT OF SETOFF OR FREEDOM FROM COUNTERCLAIM WITH RESPECT TO ANY ACTION OR OTHER DEFECTSASSET, WHETHER OR NOT DISCOVERABLEINCLUDING ACCOUNTS RECEIVABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTPARTY, OR AS TO THE QUALITY LEGAL SUFFICIENCY OF ANY CONTRIBUTION, ASSIGNMENT, DOCUMENT, CERTIFICATE OR INSTRUMENT DELIVERED HEREUNDER TO CONVEY TITLE TO ANY ASSET OR THING OF VALUE UPON THE MATERIAL EXECUTION, DELIVERY AND FILING HEREOF OR WORKMANSHIP THEREOF. EXCEPT AS MAY EXPRESSLY BE SET FORTH HEREIN OR IN ANY ITEM ANCILLARY AGREEMENT, ALL SUCH ASSETS ARE BEING TRANSFERRED ON AN “AS IS, WHERE IS” BASIS (AND, IN THE CASE OF EQUIPMENT ANY REAL PROPERTY, BY MEANS OF A QUITCLAIM OR ENGINE SIMILAR FORM DEED OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(eCONVEYANCE) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR AND THE RESPECTIVE TRANSFEREES SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO BEAR THE ECONOMIC AND LEGAL RISKS THAT (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED CONVEYANCE SHALL PROVE TO BE CAUSED DIRECTLY OR INDIRECTLY BY INSUFFICIENT TO VEST IN THE TRANSFEREE GOOD TITLE, FREE AND CLEAR OF ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; SECURITY INTEREST AND (II) THE USE, OPERATION ANY NECESSARY CONSENTS OR PERFORMANCE GOVERNMENTAL APPROVALS ARE NOT OBTAINED OR THAT ANY REQUIREMENTS OF ANY ITEM OF EQUIPMENT LAWS OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTJUDGMENTS ARE NOT COMPLIED WITH.

Disclaimer. LESSOR LEASES ASSIGNEES ACKNOWLEDGE AND LESSEE TAKES THE AIRCRAFT "AS-ISAGREE THAT ASSIGNORS HAVE NOT MADE, WHERE-IS", AND LESSOR DOES DO NOT MAKE NOR SHALL BE DEEMED TO HAVE MADEAND SPECIFICALLY NEGATE AND DISCLAIM ANY REPRESENTATIONS, AND EXPRESSLY DISCLAIMSWARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE), ORAL OR WARRANTYWRITTEN, EXPRESS PAST, PRESENT OR IMPLIEDFUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE TITLEASSIGNED RIGHTS OR FUTURE PERFORMANCE OF THE ASSIGNED RIGHTS OR COLLATERAL RELATING THERETO INCLUDING WITHOUT LIMITATION THE FOLLOWING: (a) QRC’S, AIRWORTHINESSBORROWER’S, CONDITIONOR ANY GUARANTOR’S TITLE TO THE PROPERTIES REFERRED TO ABOVE OR IN ANY OF THE EXISTING LOAN DOCUMENTS; (b) THE ACCURACY OF THE PROPERTY DESCRIPTION OR OF ANY RECORDING OR OTHER INFORMATION STATED, VALUERECITED OR REFERRED TO ABOVE OR IN ANY OF THE EXISTING LOAN DOCUMENTS; (c) THE VALIDITY, DESIGNENFORCEABILITY OR PRIORITY OF THE NOTES, OPERATIONTHE OTHER EXISTING LOAN DOCUMENTS OR THE OUTSTANDING SWAP AGREEMENTS, MERCHANTABILITY THE LIENS OR FITNESS FOR USE THE COLLECTIBILITY OF THE LOANS RELATED THERETO OR PERFECTION OF ANY SECURITY INTEREST OR LIEN; (d) THE EXISTENCE OR BASIS FOR ANY PARTICULAR PURPOSE CLAIM, COUNTERCLAIM, DEFENSE OR OFFSET RELATING TO THE EXISTING DEBT OR THE COMPLIANCE OF THE EXISTING DEBT WITH ANY LAWS, ORDINANCES OR REGULATIONS OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT GOVERNMENTAL OR OTHER DEFECTSBODY; (e) THE LEGAL, WHETHER FINANCIAL OR NOT DISCOVERABLEOTHER CAPACITY, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK CONDITION OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY STATUS OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE MAKER OR ANY OTHER EXPRESS OBLIGOR, GUARANTOR OR IMPLIED REPRESENTATION SURETY ON THE NOTES; (f) THE ECONOMIC, ENVIRONMENTAL OR WARRANTY WHATSOEVER WITH RESPECT OTHER VALUE, CONDITION OR STATUS OF ANY COLLATERAL; AND (g) THE PRESENCE ON OR DISCHARGE OR EMISSION FROM SUCH PROPERTY OR OTHER COLLATERAL, WHETHER NOW OR IN THE PAST, OF ANY HAZARDOUS SUBSTANCES (AS DEFINED IN THE SENIOR CREDIT AGREEMENT). ASSIGNEES FURTHER ACKNOWLEDGE AND AGREE THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE ASSIGNED RIGHTS AND COLLATERAL RELATING THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the ActASSIGNEES ARE RELYING SOLELY ON THEIR OWN INVESTIGATIONS AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY ASSIGNORS. LESSOR THE OBLIGATIONS OF ASSIGNORS HEREUNDER ARE SEVERAL AND NOT JOINT AND NO ASSIGNOR SHALL NOT HAVE BE LIABLE FOR ANY RESPONSIBILITY ACT OR LIABILITY FAILURE TO LESSEE OR ACT OF ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTASSIGNOR.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-ANY INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY OR OTHER PROPERTY OR RIGHTS, GRANTED OR PROVIDED BY PORTOLA OR MILLENNIUM PURSUANT TO THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS PROVIDED UNDER SECTION 7.1, WHERE-IS"NEITHER PORTOLA NOR MILLENNIUM MAKE ANY WARRANTIES OF ANY KIND, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE TITLEANY MATTER INCLUDING, AIRWORTHINESSBUT NOT LIMITED TO, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR WARRANTY OF FITNESS FOR USE PARTICULAR PURPOSE, OR MERCHANTABILITY, EXCLUSIVITY OR RESULTS OBTAINED FROM USE. MILLENNIUM MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO FREEDOM FROM PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT, OR THEFT OF TRADE SECRETS AND DOES NOT ASSUME ANY LIABILITY HEREUNDER FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTTRADEMARK, OR AS TO COPYRIGHT ARISING FROM THE QUALITY USE OF THE MATERIAL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY RIGHTS, OR WORKMANSHIP IN OTHER PROPERTY OR RIGHTS GRANTED OR PROVIDED BY IT HEREUNDER. EACH PARTY AGREES THAT IT WILL NOT MAKE ANY ITEM WARRANTY ON BEHALF OF EQUIPMENT THE OTHER PARTY OR ENGINE OR ANY OTHER ITS AFFILIATES, EXPRESS OR IMPLIED REPRESENTATION IMPLIED, TO ANY ENTITY CONCERNING THE APPLICATION OF OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED THE RESULTS TO BE CAUSED DIRECTLY OBTAINED WITH THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY RIGHTS OR INDIRECTLY OTHER PROPERTY OR RIGHTS, GRANTED OR PROVIDED BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY THE OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING PARTY PURSUANT TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENT.

Disclaimer. LESSOR LEASES THE WARRANTIES SET FORTH IN THESE GENERAL TERMS ARE EXCLUSIVE AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE ARE IN LIEU OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR ALL OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WARRANTIES WITH RESPECT TO THE GOODS, WHETHER ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, OR WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, ALL OF WHICH ARE HEREBY WAIVED BY TESLA, AUTHORIZED PURCHASERS AND SELLER. THE EMPLOYEES AND AGENTS OF EACH PARTY ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO SUCH WARRANTIES, OR ADDITIONAL WARRANTIES BINDING ON SUCH PARTY; ACCORDINGLY, ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON BY THE OTHER PARTY. FOR THE AVOIDANCE OF DOUBT, TESLA UNDERSTANDS THAT THE GOODS [***] (I) ANY LIABILITY[***], LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE[***], OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OTHER CONDITIONS DIFFERENT FROM THOSE FOR WHICH THE GOODS WERE ORIGINALLY DESIGNED, AND THAT TESLA SHOULD TAKE PROPER STEPS TO [***]. NO ACTION, SUIT OR ARBITRATION SHALL BE BROUGHT ON AN ALLEGED BREACH OF SERVICE, LOSS THE WARRANTIES SET FORTH IN THESE GENERAL TERMS MORE THAN [***] MONTHS FOLLOWING THE EXPIRATION OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTAPPLICABLE WARRANTY PERIOD.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-Other than the express representations and warranties of Seller set forth in Section 5 and in any other Transfer Document, the Airframe is being sold and assigned hereunder, “AS IS, WHERE-WHERE IS"” and BUYER ACKNOWLEDGES AND AGREES THAT NEITHER THE SELLER NOR ANY OF ITS AFFILIATES, AND LESSOR DOES NOT MAKE NOR SHALL OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR REPRESENTATIVES HAS MADE OR WILL BE DEEMED TO HAVE MADEMADE ANY TERM, CONDITION, REPRESENTATION, WARRANTY OR COVENANT EXPRESS OR IMPLIED (WHETHER STATUTORY OR OTHERWISE) AS TO, AND EXPRESSLY DISCLAIMSBUYER HEREBY WAIVES, RELEASES AND RENOUNCES ANY REPRESENTATION OR WARRANTYAND ALL WARRANTIES, OBLIGATIONS AND LIABILITIES, EXPRESS OR IMPLIEDIMPLIED (WHETHER STATUTORY OR OTHERWISE) WITH RESPECT TO, AS TO (a) THE TITLECAPACITY, AIRWORTHINESS, CONDITIONAGE, VALUE, QUALITY, DURABILITY, DESCRIPTION (EXCEPT AS TO SERIAL NUMBER), CONDITION (WHETHER OF THE AIRFRAME, ANY PART THEREOF OR ITS AIRFRAME DOCUMENTS), DESIGN, WORKMANSHIP, MATERIALS, MANUFACTURE, CONSTRUCTION, OPERATION, MERCHANTABILITY OR DESCRIPTION, STATE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR USE OR FOR ANY PARTICULAR USE OR PURPOSE (INCLUDING THE ABILITY TO OPERATE OR REGISTER THE AIRFRAME OR USE THE AIRFRAME IN ANY OR ALL JURISDICTIONS) OR SUITABILITY OF THE AIRFRAME, OR ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO PART THEREOF, (b) THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO KNOWN OR UNKNOWN, APPARENT OR CONCEALED, EXTERIOR OR INTERIOR, (c) THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK TRADEMARK, COPYRIGHT OR COPYRIGHTOTHER INTELLECTUAL PROPERTY RIGHTS, AS TO (d) ANY IMPLIED WARRANTY ARISING FROM THE ABSENCE COURSE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTPERFORMANCE, COURSE OF DEALING OR AS TO THE QUALITY USAGE OF THE MATERIAL TRADE OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR (e) ANY OTHER REPRESENTATIONS OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETOIMPLIED, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) THE AIRFRAME OR ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY PART THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) ITS AIRFRAME DOCUMENTS, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED, IT BEING UNDERSTOOD THAT NOTHING HEREIN WILL BE DEEMED TO LIMIT THE USE, OPERATION OR PERFORMANCE BUYER FROM AVAILING ITSELF OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICEWARRANTIES, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIALCOVENANTS, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT AND REPRESENTATIONS OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTMANUFACTURER.

Disclaimer. LESSOR LEASES EXCEPT AS EXPRESSLY WARRANTED, REPRESENTED OR COVENANTED OTHERWISE IN THIS AGREEMENT OR IN THE SPECIAL WARRANTY OF TITLE CONTAINED IN THE ASSIGNMENT, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND LESSEE TAKES THE AIRCRAFT "AS-ISWITHOUT LIMITING IN ANY RESPECT BUYER INDEMNIFIED PARTIES’ RIGHTS TO DEFENSE AND INDEMNIFICATION UNDER ARTICLE 14, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND SELLER EXPRESSLY DISCLAIMS, DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) SELLER’S TITLE TO ANY LIABILITYOF THE ASSETS, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USECONTENTS, OPERATION CHARACTER OR PERFORMANCE NATURE OF ANY ITEM OF EQUIPMENT OR ENGINE DESCRIPTIVE MEMORANDUM, OR ANY RISKS REPORT OF ANY PETROLEUM ENGINEERING CONSULTANT, OR ANY GEOLOGICAL OR SEISMIC DATA OR INTERPRETATION, RELATING THERETO; TO THE ASSETS, (III) ANY INTERRUPTION THE QUANTITY, QUALITY OR RECOVERABILITY OF SERVICEPETROLEUM SUBSTANCES IN OR FROM THE ASSETS, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) ANY ESTIMATES OF THE DELIVERY HEREUNDERVALUE OF THE ASSETS OR FUTURE REVENUES GENERATED BY THE ASSETS, OPERATION(V) THE PRODUCTION OF PETROLEUM SUBSTANCES FROM THE ASSETS, SERVICINGOR WHETHER PRODUCTION HAS BEEN CONTINUOUS OR IN PAYING QUANTITIES, (VI) THE MAINTENANCE, REPAIR REPAIR, CONDITION, QUALITY, SUITABILITY, DESIGN OR IMPROVEMENT MARKETABILITY OF THE ASSETS, OR (VII) ANY OTHER MATERIALS OR INFORMATION THAT MAY HAVE BEEN MADE AVAILABLE OR COMMUNICATED TO BUYER OR ITS AFFILIATES, OR ITS OR THEIR EMPLOYEES, AGENTS, CONSULTANTS, REPRESENTATIVES OR ADVISORS IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY DISCUSSION OR PRESENTATION RELATING THERETO, AND EXCEPT AS STATED IN THIS AGREEMENT, FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OF ANY ITEM OF EQUIPMENT EXCEPT THE ASSETS, IT BEING EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES THAT BUYER SHALL BE DEEMED TO BE OBTAINING THE ASSETS IN THEIR PRESENT STATUS, CONDITION AND STATE OF REPAIR, “AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING IS” AND “WHERE IS” WITH ALL FAULTS AND THAT BUYER HAS MADE OR CAUSED TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTBE MADE SUCH INSPECTIONS AS BUYER DEEMS APPROPRIATE.

Disclaimer. LESSOR LEASES THE DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES AND LESSEE TAKES ANY SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE AIRCRAFT DIGITAL SERVICES, ARE PROVIDED ON AN "AS-AS IS" AND “AS AVAILABLE” BASIS, WHERE-IS"WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED SIGNET ARMORLITE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO HAVE MADETHE DIGITAL SERVICES (INCLUDING, AND EXPRESSLY DISCLAIMSWITHOUT LIMITATION, ANY REPRESENTATION CONTENT OR WARRANTY, EXPRESS INFORMATION CONTAINED IN OR IMPLIED, AS AVAILABLE THROUGH THE DIGITAL SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE TITLEDIGITAL SERVICES), AIRWORTHINESSWHETHER EXPRESS, CONDITIONIMPLIED OR STATUTORY, VALUEINCLUDING, DESIGNBUT NOT LIMITED TO, OPERATIONTHE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR USE A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NON- INFRINGEMENT AND WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. FURTHER, SIGNET ARMORLITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE DIGITAL SERVICES, WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED. SIGNET ARMORLITE IS NOT RESPONSIBLE FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT TYPOGRAPHICAL ERRORS OR ENGINE OR AS OMISSIONS RELATING TO THE ABSENCE OF LATENT OR OTHER DEFECTSPRICING, WHETHER OR NOT DISCOVERABLETEXT, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE PHOTOGRAPHY OR ANY OTHER EXPRESS CONTENT OR IMPLIED REPRESENTATION INFORMATION CONTAINED IN OR WARRANTY WHATSOEVER WITH RESPECT THERETOAVAILABLE THROUGH THE DIGITAL SERVICES. YOU ASSUME TOTAL AND SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE DIGITAL SERVICES, except for the representations of Lessor set forth in Section 4(e) belowINCLUDING, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereofWITHOUT LIMITATION, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY CONTENT OR LIABILITY TO LESSEE INFORMATION CONTAINED IN OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS AVAILABLE THROUGH THE DIGITAL SERVICES AND SERVICES PERFORMED OR DAMAGE CAUSED PROVIDED BY OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING RELATED TO THE SERVICINGDIGITAL SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT SO THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTABOVE EXCLSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer. LESSOR LEASES NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, ALL LICENSES TO ANY AND LESSEE TAKES ALL LICENSED MARKS UNDER THIS AGREEMENT ARE BEING MADE WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE, INCLUDING (A) AS TO THEIR VALUE OR FREEDOM FROM ANY SECURITY INTERESTS; (B) AS TO TITLE, NONINFRINGEMENT, VALIDITY, ENFORCEABILITY, ACCURACY OF INFORMATIONAL CONTENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT A PARTY OR ITS AFFILIATES KNOWS OR HAS REASON TO KNOW ANY SUCH PURPOSE) OR ANY OTHER MATTER, INCLUDING ANY REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE AIRCRAFT "AS-ISTRADE, WHERE-IS"BY COURSE OF DEALING OR OTHERWISE; OR (C) AS TO THE LEGAL SUFFICIENCY TO GRANT ANY RIGHTS THEREIN AND AS TO ANY CONSENTS OR APPROVALS REQUIRED IN CONNECTION HEREWITH OR THEREWITH, AND LESSOR DOES NOT MAKE NEITHER PARTY, NOR SHALL BE DEEMED TO HAVE MADEANY OF ITS AFFILIATES OR REPRESENTATIVES, AND EXPRESSLY DISCLAIMS, MAKES OR HAS MADE ANY REPRESENTATION OR WARRANTY, AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE TITLEWRITTEN OR ORAL, AIRWORTHINESSAT LAW OR IN EQUITY, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS THE LICENSED MARKS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) WITH THIS AGREEMENT, INCLUDING WITH RESPECT TO THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED MATTERS DESCRIBED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO FOREGOING CLAUSES (A)-(C). WITHOUT LIMITING THE SERVICINGFOREGOING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED ATMCO AND ITS AFFILIATES HEREBY ACKNOWLEDGE AND AGREE THAT NOTHING CONTAINED ALL LICENSES IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTAGREEMENT ARE BEING MADE “AS IS, WHERE IS.”

Disclaimer. LESSOR LEASES EXCEPT FOR THE REPRESENTATIONS AND LESSEE TAKES WARRANTIES SET FORTH IN THIS yARTICLE 4, THE AIRCRAFT INCLUDED ASSETS ARE BEING SOLD AND TRANSFERRED "AS-AS IS, WHERE-WHERE IS"," AND ACCORDINGLY SELLER IS NOT MAKING ANY OTHER REPRESENTATIONS OR WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, CONCERNING THE INCLUDED ASSETS, INCLUDING, IN PARTICULAR, ANY WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR AS TO THE WORKMANSHIP THEREOF OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, OR COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS, OR AS TO THE CONDITION OF THE INCLUDED ASSETS, OR ANY PART THEREOF, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADEDISCLAIMED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS yARTICLE 4, AND EXPRESSLY DISCLAIMS, SELLER FURTHER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE ABSENCE OF HAZARDOUS MATERIALS OR LIABILITY ARISING UNDER ENVIRONMENTAL LAWS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SELLER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE CONDITION OF THE INCLUDED ASSETS OR THE SUITABILITY OF THE FACILITIES FOR OPERATION AND NO OTHER MATERIAL OR INFORMATION PROVIDED BY OR COMMUNICATION MADE BY SELLER OR ANY OFFICER, EMPLOYEE, CONSULTANT OR AGENT THEREOF, OR ANY BROKER OR INVESTMENT BANKER WILL CAUSE OR CREATE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY VALUE OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE INCLUDED ASSETS OR ANY OTHER PART THEREOF. THE PROVISIONS OF THIS SECTION HAVE BEEN NEGOTIATED BY THE PARTIES HERETO AFTER DUE CONSIDERATION AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETOSTATUTORY, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM THAN THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLES 4 AND 5 OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENT.

Disclaimer. LESSOR LEASES EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT AND LESSEE TAKES THE AIRCRAFT "AS-ISAPPLICABLE ORDER FORM, WHERE-IS", JUNGO AND LESSOR DOES NOT ITS LICENSORS MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR NO OTHER WARRANTY, EXPRESS OR IMPLIED, GUARANTY AS TO THE TITLERELIABILITY, AIRWORTHINESSTIMELINESS, CONDITIONQUALITY, VALUESUITABILITY, DESIGNTRUTH, OPERATIONAVAILABILITY, MERCHANTABILITY ACCURACY OR FITNESS FOR COMPLETENESS OF THE PRODUCTS OR SERVICES. EXCEPT AS SPECIFIED IN THIS AGREEMENT AND APPLICABLE ORDER FORM, JUNGO AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PRODUCTS OR FOR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY PARTICULAR PURPOSE OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE PRODUCTS OR SERVICES OR THE SERVER(S) THAT MAKE THE PRODUCTS OR SERVICES AVAILABLE ARE FREE OF ANY ITEM OF EQUIPMENT VIRUSES OR ENGINE OR AS OTHER HARMFUL COMPONENTS. NOTWITHSTANDING ANYTHING HEREIN TO THE ABSENCE OF LATENT OR OTHER DEFECTSCONTRARY, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON XXXXX MAKES NO WARRANTIES WITH RESPECT TO (I) ANY LIABILITYTHIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT, LOSS INCLUDING FOR EXAMPLE ANY WARRANTIES REGARDING SYSTEM AVAILABILTIY OR DAMAGE CAUSED UPTIME. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR ALLEGED TO BE CAUSED DIRECTLY OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INDIRECTLY BY ANY ITEM NONINFRINGEMENT OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USETHIRD PARTY RIGHTS, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING ARE HEREBY DISCLAIMED TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Disclaimer. LESSOR LEASES Publisher does not, and cannot, guarantee to Writer sales of the Work in any amount or at any time. Unless specifically stated to the contrary in this Agreement, Publisher does not guarantee any particular success, rate of return or performance of any of the advertising/marketing provided pursuant to this Agreement. Writer shall hold harmless and release and forever discharge the Publisher from all claims, demands and causes of action which Author, or Author’s heirs, representatives or any other persons acting on Author’s behalf or on behalf of Author’s estate have or may have by reason the consent and authorization granted in this Agreement. WRITER ACKNOWLEDGES AND LESSEE TAKES THE AIRCRAFT "AS-AGREES THAT ALL RESOURCES AND SERVICES PROVIDED UNDER THIS AGREEMENT BY PUBLISHER ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY, WHERE-IS"CONDITION, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, GUARANTY OR REPRESENTATION OF ANY REPRESENTATION OR WARRANTYKIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE TITLEIN LAW OR IN FACT, AIRWORTHINESSORAL OR IN WRITING, CONDITIONINCLUDING WITHOUT LIMITATION, VALUEACCURACY, DESIGNNON- INTERRUPTION, OPERATIONCOMPLETENESS, MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR USE A PARTICULAR PURPOSE, OR THE LIKE. IN NO EVENT SHALL PUBLISHER NOR ANY RELATED INDIVIDUAL OR ENTITY OF PUBLISHER BE LIABLE TO WRITER, A RELATED ENTITY OF WRITER OR ANY THIRD PERSON FOR ANY PARTICULAR PURPOSE SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTSKIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITYLOST SAVINGS, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICEDATA, LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR ANTICIPATED PROFITS OR SPECIALIN CONNECTION WITH THIS AGREEMENT, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY SERVICES PROVIDED HEREUNDER, OPERATIONWHETHER BASED IN CONTRACT, SERVICINGTORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), MAINTENANCEOR OTHERWISE, REPAIR EVEN IF PUBLISHER, OR IMPROVEMENT A RELATED INDIVIDUAL OR ENTITY OF ANY ITEM PUBLISHER, HAS BEEN ADVISED OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS POSSIBLITY OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR SUCH DAMAGES OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTSHOULD HAVE FORESEEN DAMAGES.

Disclaimer. LESSOR LEASES EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN OR IN THE ANCILLARY AGREEMENTS, SELLERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO THE CONDITION, VALUE OR QUALITY OF THE ASSETS OR OPERATIONS OF THE ACQUIRED COMPANIES OR THE PROSPECTS (FINANCIAL AND LESSEE TAKES OTHERWISE), RISKS AND OTHER INCIDENTS OF THE AIRCRAFT "AS-IS, WHERE-IS", ACQUIRED COMPANIES AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, SELLERS SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO SUCH ASSETS, OR ANY PART THEREOF, OR AS TO THE WORKMANSHIP THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, OR COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS, OR AS TO THE CONDITION OF, OR THE RIGHTS OF THE ACQUIRED COMPANIES IN, OR ITS TITLE TO, ANY OF ITS ASSETS, OR ANY PART THEREOF. EXCEPT AS EXPRESSLY PROVIDED HEREIN OR IN THE RELATED AGREEMENTS, NO MATERIAL OR INFORMATION PROVIDED BY OR COMMUNICATIONS MADE BY SELLERS OR THE ACQUIRED COMPANIES OR ANY OF THEIR RESPECTIVE REPRESENTATIVES SHALL CAUSE OR CREATE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY VALUE OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTSUCH ASSETS.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "IS BEING SOLD BY SELLER AND SHALL BE ACCEPTED BY PURCHASER HEREUNDER IN AN “AS-IS, WHERE-IS"” CONDITION. EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE XXXX OF SALE, SELLER MAKES NO REPRESENTATIONS WHATSOEVER IN RESPECT OF THE AIRCRAFT, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADEEXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE XXXX OF SALE, SELLER SPECIFICALLY DISCLAIMS, AND EXPRESSLY DISCLAIMSEXCLUDES HEREFROM, IN RESPECT OF THE CONDITION OF THE AIRCRAFT OR ENGINES OR PROPELLERS OR ANY PART, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IMPLIED WARRANTY OR REPRESENTATION WHATSOEVER INCLUDING BUT NOT LIMITED TO (i) ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION AS TO THE TITLECONDITION, DESCRIPTION, AIRWORTHINESS, CONDITIONVALUE, VALUESATISFACTORY QUALITY, DESIGN, OPERATIONQUALITY, MERCHANTABILITY MANUFACTURE OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OPERATION OF ANY ITEM OF EQUIPMENT KIND OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTSNATURE, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF (ii) ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETOOF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF FREEDOM FROM ANY RIGHTFUL CLAIM BY WAY OF INFRINGEMENT OR THE LIKE AND (iv) ANY IMPLIED REPRESENTATION OR WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. The foregoing provision shall be without prejudice to, and in no way limit, the obligations of Seller (as lessee) under the Lease Agreement and under the other Operative Documents to which it is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTparty.

Disclaimer. LESSOR LEASES EXCEPT AS AND LESSEE TAKES TO THE AIRCRAFT "AS-ISEXTENT EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY TRANSACTION DOCUMENT OR CERTIFICATE DELIVERED BY ANY SELLER IN CONNECTION WITH THIS AGREEMENT OR ANY TRANSACTION DOCUMENT (a) THE SELLERS MAKE NO REPRESENTATIONS OR WARRANTIES TO BUYER, WHERE-IS"EXPRESS, STATUTORY OR IMPLIED WITH RESPECT TO SELLERS, THE WATER ASSETS OR THE WATER BUSINESS, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, THE SELLERS FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS EXPRESS, STATUTORY OR IMPLIED, OF MERCHANTABILITY, FREEDOM FROM EXHIBITORY VICES OR DEFECTS, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OF ANY EQUIPMENT, AND (b) THE SELLERS EXPRESSLY DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY REPRESENTATION, WARRANTY, STATEMENT OR INFORMATION MADE OR COMMUNICATED (ORALLY OR IN WRITING) TO BUYER OR ANY ITS AFFILIATES, EMPLOYEES, AGENTS, CONSULTANTS OR REPRESENTATIVES (INCLUDING ANY OPINION, INFORMATION, PROJECTION OR ADVICE THAT MAY HAVE BEEN PROVIDED TO BUYER BY ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, CONSULTANT, REPRESENTATIVE OR ADVISOR OF THE SELLERS OR ANY OF THEIR AFFILIATES), IT BEING EXPRESSLY UNDERSTOOD AND AGREED BY BUYER THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY TRANSACTION DOCUMENT OR ANY CERTIFICATE DELIVERED BY ANY SELLER IN CONNECTION WITH THIS AGREEMENT OR ANY TRANSACTION DOCUMENT, BUYER WILL BE DEEMED TO BE OBTAINING THE TITLE, AIRWORTHINESSWATER ASSETS IN THEIR PRESENT STATUS, CONDITION, VALUEAND STATE OF REPAIR, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR “AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER IS” AND “WHERE IS” WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTALL FAULTS.

Disclaimer. LESSOR LEASES EXCEPT AS OTHERWISE PROVIDED HEREIN, THE INTELLECTUAL PROPERTY RIGHTS LICENSED HEREUNDER ARE PROVIDED BY BIOVERIS “AS IS WHERE IS” AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS"BIOVERIS MAKES NO, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, DISCLAIMS ALL WARRANTIES AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTYREPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE CONCERNING: (a) LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY A PARTICULAR PURPOSE AS TO LICENSED INTELLECTUAL PROPERTY RIGHTS OR ANY ECL PRODUCT; (b) THE COMMERCIAL SUCCESS OF ANY ITEM ECL PRODUCT; (c) THE EXISTENCE, VALIDITY OR SCOPE OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT LICENSED INTELLECTUAL PROPERTY RIGHTS; (d) ANY ECL PRODUCT BEING FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER DEFECTSINTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; (e) WHETHER ANY THIRD PARTIES ARE IN ANY WAY INFRINGING LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT; OR (f) THE ACCURACY, WHETHER UTILITY OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT SUFFICIENCY OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TECHNICAL INFORMATION TRANSFERRED TO NEWCO HEREUNDER. THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS PARTIES SPECIFICALLY AGREE THAT NEITHER PARTY SHALL BE SUBJECT TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR AND THAT EACH DISCLAIMS: (A) ANY OTHER EXPRESS OBLIGATIONS OR IMPLIED REPRESENTATION OR WARRANTY LIABILITIES ARISING OUT OF BREACH OF WARRANTY, AND (B) ALL CONSEQUENTIAL, INCIDENTAL, CONTINGENT, PUNITIVE AND EXEMPLARY DAMAGES WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (Ii) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) DISPUTES BETWEEN THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; PARTIES UNDER THIS AGREEMENT OR (IVii) CLAIMS MADE BY ONE PARTY AGAINST ANOTHER PARTY ARISING FROM THE DELIVERY COURSE OF CONDUCT WITHIN THE RELATIONSHIP OF THE PARTIES UNDER THIS AGREEMENT (WHETHER SUCH CLAIMS ARISE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN THOUGH A PARTY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES IN CLAUSE (B) ABOVE SHALL NOT APPLY TO DAMAGES PAID TO UNRELATED THIRD PARTIES (WHETHER PURSUANT TO JUDGMENT OR SETTLEMENT) FOR WHICH A PARTY HAS AN OBLIGATION TO INDEMNIFY THE OTHER PARTY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENT.

Disclaimer. LESSOR LEASES (a) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND LESSEE TAKES THE AIRCRAFT "AS-ISWARRANTIES SET FORTH IN THIS ARTICLE VI OR IN SECTION 5.2(D), WHERE-IS"BMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS WITH RESPECT TO THE TITLEBMS RIGHTS, AIRWORTHINESSBMS PATENTS OR BMS KNOW-HOW, CONDITIONIMPROVEMENTS, VALUEREGISTRATIONAL INFORMATION, DESIGNREGULATORY FILINGS, OPERATIONAPPROVALS, PRODUCT DATA, OTHER PRODUCT DATA OR REPORTS, STUDIES, PATENTS, PROCESSES, FORMULATIONS, TECHNIQUES OR OTHER TRADE SECRETS OR CONFIDENTIAL INFORMATION PROVIDED BY BMS TO CADENCE HEREUNDER OR ANY LICENSE GRANTED BY BMS HEREUNDER, OR WITH RESPECT TO ANY COMPOUNDS OR PRODUCTS. WITHOUT LIMITING THE FOREGOING, BMS MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY A PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS PURPOSE, WITH RESPECT TO THE ABSENCE OF LATENT BMS RIGHTS, BMS PATENTS OR OTHER DEFECTS, WHETHER BMS KNOW-HOW OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTLICENSE GRANTED BY BMS HEREUNDER, OR WITH RESPECT TO ANY COMPOUNDS OR PRODUCTS. FURTHERMORE, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED A REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL BY BMS THAT ANY OF THE FOREGOING IS VALID OR ENFORCEABLE OR THAT CADENCE’S USE THEREOF CONTEMPLATED HEREUNDER DOES NOT HAVE INFRINGE ANY RESPONSIBILITY PATENT RIGHTS OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE INTELLECTUAL PROPERTY RIGHTS OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTTHIRD PARTY.

Disclaimer. LESSOR LEASES THE REPRESENTATIONS AND LESSEE TAKES WARRANTIES OF THE SELLER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES OF SELLER, WHETHER WRITTEN, ORAL OR IMPLIED. PURCHASER ACKNOWLEDGES AND AGREES (i) THAT THE AIRCRAFT "AS-IS, WHERE-AND AT THE TIME OF THE DELIVERY TIME WILL BE, IN “AS IS", WHERE IS” CONDITION, AND LESSOR DOES NOT MAKE NOR (ii) THAT SELLER SHALL NOT, BY VIRTUE OF HAVING OWNED AND SOLD THE AIRCRAFT OR OTHERWISE, BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WARRANTY AS TO THE TITLEMERCHANTABILITY, AIRWORTHINESSFITNESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY DESIGN OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTCONDITION OF, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT IN, THE AIRCRAFT, OR ENGINE OR TO HAVE MADE ANY OTHER REPRESENTATIONS OR WARRANTIES (EXCEPT THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT), AND SELLER DISCLAIMS AND PURCHASER WAIVES ALL WARRANTIES, GUARANTIES AND LIABILITIES, EXPRESS OR IMPLIED REPRESENTATION IMPLIED, ARISING BY LAW OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that OTHERWISE (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE INCLUDING ANY RESPONSIBILITY OBLIGATION OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (IFITNESS, MERCHANTABILITY OR LOSS OF USE, OR STRICT LIABILITY IN TORT OR CONSEQUENTIAL DAMAGES) WHETHER OR NOT OCCASIONED BY SELLER’S NEGLIGENCE, AND EACH OF BENEFICIARY AND PURCHASER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL SELLER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LIABILITY, OTHER LOSS OR DAMAGE CAUSED OR ALLEGED WHATSOEVER, PURCHASER AGREEING THAT ALL SUCH RISKS ARE TO BE CAUSED DIRECTLY OR INDIRECTLY BORNE BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) PURCHASER AFTER THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTCLOSING DATE.

Disclaimer. LESSOR LEASES ELEMICA PROVIDES THIS SITE AND LESSEE TAKES ALL ELEMICA CONTENT ON AN “AS IS” AND “AS AVAILABLE BASIS.” TO THE AIRCRAFT "AS-ISFULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WHERE-IS"ELEMICA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, AND LESSOR EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-­‐INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. ELEMICA DOES NOT MAKE NOR SHALL WARRANT OR REPRESENT THAT THE SITE WILL BE DEEMED CONTINUOUS, UNINTERRUPTED, AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, ERROR-­‐FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. Limitation of Liability IN NO EVENT WILL ELEMICA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES ("ELEMICA") BE LIABLE TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR PARTY FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTSCONSEQUENTIAL, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS DAMAGES ARISING OUT OF OR IMPLIED REPRESENTATION IN CONNECTION WITH YOUR USE OF THE SITE OR WARRANTY WHATSOEVER WITH RESPECT THERETOTHIS AGREEMENT, except for UNDER ANY LEGAL THEORY, EVEN IF ELEMICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION. In jurisdictions that do not allow the representations exclusion or limitation of Lessor set forth in Section 4(e) belowliability, and that Lessor represents that (i) it has good title Elemica’s liability is limited to the Aircraft free of Lessor's Liens and the lawful right maximum extent permitted by law. You agree that any recovery to lease the Aircraft which you may become entitled shall be limited to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENT$1.00.

Disclaimer. LESSOR LEASES BUYER ACKNOWLEDGES AND LESSEE TAKES AGREES THAT, EXCEPT AS SET FORTH IN SECTION 8, BUYER IS ACQUIRING THE AIRCRAFT "AS-PROPERTY IN ITS “AS IS” CONDITION, WHERE-IS"WITH ALL FAULTS, IF ANY, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED. EXCEPT AS SET FORTH HEREIN OR IN THE DOCUMENTS EXECUTED AND DELIVERED BY SELLER TO BUYER AT CLOSING, NEITHER SELLER NOR ANY AGENTS, REPRESENTATIVES, OR EMPLOYEES OF SELLER HAVE MADE ANY REPRESENTATIONS OR WARRANTIES, DIRECT OR INDIRECT, ORAL OR WRITTEN, EXPRESS OR IMPLIED, TO BUYER OR ANY AGENTS, REPRESENTATIVES, OR EMPLOYEES OF BUYER WITH RESPECT TO THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE PHYSICAL CONDITION OF THE PROPERTY OR THE PERSONAL PROPERTY (INCLUDING WITHOUT LIMITATION THE ENVIRONMENTAL CONDITION OF THE PROPERTY). SELLER EXPRESSLY DISCLAIMS AND NEGATES, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO PROPERTY: (I) ANY LIABILITY, LOSS IMPLIED OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM EXPRESS WARRANTY OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITHMERCHANTABILITY; (II) THE USE, OPERATION ANY IMPLIED OR PERFORMANCE EXPRESS WARRANTY OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETOFITNESS FOR A PARTICULAR PURPOSE; AND (III) ANY INTERRUPTION IMPLIED WARRANTY WITH RESPECT TO THE CONDITION OF SERVICETHE PROPERTY, LOSS THE PAST OR PROJECTED FINANCIAL CONDITION OF BUSINESS THE PROPERTY (INCLUDING, WITHOUT LIMITATION, THE INCOME OR ANTICIPATED PROFITS EXPENSES THEREOF) OR THE USES PERMITTED ON, THE DEVELOPMENT REQUIREMENTS FOR, OR ANY OTHER MATTER OR THING RELATING TO ALL OR ANY PORTION OF THE PROPERTY. EXCEPT AS SET FORTH HEREIN, SELLER MAKES NO WARRANTY, REPRESENTATION OR COVENANT WITH RESPECT TO ANY OF THE FOREGOING. BUYER ACKNOWLEDGES THAT BUYER IS RELYING SOLELY ON ITS OWN (OR ITS REPRESENTATIVES’) INSPECTION, EXAMINATION AND EVALUATION OF THE PROPERTY AND NOT ON ANY STATEMENTS (ORAL OR WRITTEN) WHICH MAY HAVE BEEN MADE OR MAY BE MADE (OR PURPORTEDLY MADE) BY SELLER OR ANY OF ITS REPRESENTATIVES OTHER THAN THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT. THE BUYER HEREBY EXPRESSLY ASSUMES ALL RISKS, LIABILITIES, CLAIMS, DAMAGES, AND COSTS (AND AGREES THAT SELLER SHALL HAVE NO LIABILITY, INCLUDING WITHOUT LIMITATION STRICT LIABILITY FOR ANY SPECIAL, PUNITIVE DIRECT, INDIRECT, CONSEQUENTIAL, OR CONSEQUENTIAL OTHER DAMAGES; , ANY SUCH LIABILITY WHICH WOULD OTHERWISE EXIST OR (IVARISE BEING HEREBY WAIVED AND RELEASED BY BUYER) RESULTING OR ARISING FROM OR RLEATED TO THE DELIVERY HEREUNDEROWNERSHIP, OPERATIONUSE, SERVICINGCONDITION, LOCATION, MAINTENANCE, REPAIR REPAIR, OR IMPROVEMENT OPERATION OF THE PROPERTY. NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY IN THIS AGREEMENT, THE DISCLAIMERS PROVIDED FOR IN THIS SECTION 10.2 SHALL NOT APPLY TO OR PREVENT ANY ITEM CLAIMS ARISING FROM A BREACH OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE REPRESENTATIONS, WARRANTIES OR OBLIGATIONS OF SELLER UNDER THIS AGREEMENT OR THE DOCUMENTS EXECUTED AND DELIVERED BY SELLER TO BUYER AT CLOSING THAT SURVIVE THE CLOSING. THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) 10.2 SHALL IN ANY WAY LIMIT SURVIVE THE RIGHTS CANCELLATION OR TERMINATION OF LESSEE AGAINST ANY AFFILIATE THIS AGREEMENT AND SHALL SURVIVE THE CLOSE OF LESSOR UNDER ANY LONG-TERM AGREEMENTESCROW.

Disclaimer. LESSOR LEASES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR OTHERWISE: (a) THE REPRESENTATIONS AND LESSEE TAKES WARRANTIES OF THE AIRCRAFT "AS-IS, WHERE-IS"IASIS PARTIES EXPRESSLY SET FORTH IN ARTICLE II HEREOF AND IN ANY CERTIFICATE OR INSTRUMENT DELIVERED PURSUANT TO THIS AGREEMENT ARE AND SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES TO THE MPT PARTIES IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, AND LESSOR DOES NOT MAKE (b) EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES REFERRED TO IN CLAUSE (a) ABOVE, NEITHER THE IASIS PARTIES NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY NON-RECOURSE PARTY HAS MADE OR IS MAKING ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, EXPRESS STATUTORY OR IMPLIEDOTHERWISE, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS NATURE, INCLUDING WITH RESPECT TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER AS TO THE MERCHANTABILITY, QUALITY, QUANTITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE BUSINESS OR THE ASSETS OF THE IASIS PARTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR OTHERWISE, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLE II HEREOF AND IN ANY CERTIFICATE OR INSTRUMENT DELIVERED PURSUANT TO THIS AGREEMENT, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY NATURE, INCLUDING WITH RESPECT THERETOTO ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY AS TO THE MERCHANTABILITY, QUALITY, QUANTITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE BUSINESS OR THE ASSETS OF THE IASIS PARTIES, ARE HEREBY EXPRESSLY DISCLAIMED. THE MPT PARTIES REPRESENT, WARRANT, COVENANT AND AGREE, ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE AFFILIATES AND FINANCING SOURCES, THAT IN DETERMINING TO ENTER INTO AND CONSUMMATE THIS AGREEMENT, THE DEBT COMMITMENT LETTER, AND THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY, THEY ARE NOT RELYING UPON ANY REPRESENTATION OR WARRANTY MADE OR PURPORTEDLY MADE BY OR ON BEHALF OF ANY PERSON, OTHER THAN THOSE EXPRESSLY MADE BY THE IASIS PARTIES AS SET FORTH IN ARTICLE II HEREOF AND IN ANY CERTIFICATE OR INSTRUMENT DELIVERED PURSUANT TO THIS AGREEMENT, AND THAT THE MPT PARTIES SHALL ACQUIRE THE OWNED REAL PROPERTY AND ACQUIRED ASSETS WITHOUT ANY REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IN AN “AS IS” CONDITION AND ON A “WHERE IS” BASIS AND “WITH ALL FAULTS”. Without limiting the generality of the immediately preceding paragraph, it is understood and agreed by the MPT Parties, on behalf of themselves and their respective Affiliates and any Financing Sources, that any cost estimate, projection or other prediction, any data, any financial information or any memoranda or offering materials or presentations, including, without limitation, any memoranda and materials provided by the IASIS Parties, any direct or indirect holder of equity interests in the IASIS Parties or any of their respective representatives, are not and shall not be deemed to be or to include representations or warranties, except for to the representations of Lessor extent explicitly set forth in Section 4(eArticle II hereof and in any certificate or instrument delivered pursuant to this Agreement as a representation and warranty by (and only by) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTIASIS Parties.

Disclaimer. LESSOR LEASES ALL PATENTS, KNOW-HOW, DATA AND LESSEE TAKES THE AIRCRAFT "OTHER INTELLECTUAL PROPERTY RIGHTS, AND ALL LICENSED PRODUCT AND COMPOUND PROVIDED HEREUNDER IS PROVIDED AS-IS, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, . NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTYWARRANTY WITH REGARD TO ANY PATENT, KNOW-HOW, DATA, LICENSED PRODUCT, COMPOUND OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, EACH PARTY DISCLAIMS, AND WAIVES ALL WARRANTIES OF AND TO, THE OTHER, EXPRESS OR IMPLIED, AS ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE TITLEANY LICENSED PRODUCT, AIRWORTHINESSBIOCRYST INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, CONDITIONINCLUDING, VALUEBUT NOT LIMITED TO, DESIGN, OPERATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE A PARTICULAR PURPOSE, IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OR DEALING OR USAGE OF TRADE, AND ANY IMPLIED WARRANTY OF NONINFRINGEMENT. OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNITY OBLIGATIONS, A BREACH OF THE LICENSE GRANTS TO SHIONOGI OR IN CONNECTION WITH AN INDEMNIFYING PARTY’S INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY PARTICULAR PURPOSE OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER RESULTING OR ARISING FROM ANY ITEM OF EQUIPMENT CAUSE OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTSCLAIM WHATSOEVER, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN BY TORT, OR AS CONTRACT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE QUALITY LOSS OF THE MATERIAL PROFITS AND LOSS OF SAVINGS, BUSINESS DATA, OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT GOODWILL. SHIONOGI’S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES RELATING TO LICENSED PRODUCT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR COMPOUND SUPPLIED BY BIOCRYST SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY REPLACEMENT BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE BIOCRYST OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONGNON-TERM AGREEMENTCONFORMING MATERIAL.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3.1, THE PROVISIONS COMPANY ASSETS THAT ARE TO BE INDIRECTLY OWNED BY CEP THROUGH THE COMPANY ARE ACCEPTED BY CEP AT CLOSING “AS IS, WHERE IS AND WITH ALL FAULTS.” EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3.1, XXXXXXX MAKES NO, AND DISCLAIMS ALL, WARRANTIES OR REPRESENTATIONS OF EXHIBIT E HERETO RELATING ANY KIND OR NATURE, EXPRESS OR IMPLIED IN FACT OR BY LAW, INCLUDING ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE SERVICINGORIGIN, MAINTENANCEQUANTITY, REPAIR QUALITY, CONDITION OR IMPROVEMENT SAFETY OF ANY SERVICED ENGINE EQUIPMENT OR SERVICED AIRCRAFT; OTHER PERSONAL PROPERTY, TITLE TO PERSONAL OR MIXED PROPERTY, TITLE TO REAL PROPERTY, COMPLIANCE WITH GOVERNMENTAL REGULATIONS OR LAWS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, CONDITION, QUANTITY, VALUE OR EXISTENCE OF RESERVES OF OIL, GAS OR OTHER MINERALS PRODUCIBLE OR RECOVERABLE FROM THE COMPANY ASSETS, OR OTHERWISE. EXCEPT AS EXPRESSLY PROVIDED THAT NOTHING CONTAINED IN SECTION 3.1, THE COMPANY ASSETS ARE TO BE CONVEYED BY XXXXXXX AND ACCEPTED BY CEP (INDIRECTLY THROUGH THE ACQUISITION OF THE ASSIGNED EQUITY PURSUANT TO THIS SECTION 4(aAGREEMENT) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE “AS IS, WHERE IS” AND WITHOUT RECOURSE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTXXXXXXX.

Disclaimer. LESSOR LEASES AND LESSEE TAKES IT IS EXPRESSLY UNDERSTOOD BY THE AIRCRAFT "AS-PARTIES HERETO THAT, SUBJECT TO EACH SELLER’S LIMITED INDEMNITY PURSUANT TO SECTION 8.2 BELOW, THE ASSETS ARE ACQUIRED AS IS, WHERE-WHERE IS", WITH ALL FAULTS AND DEFECTS, BOTH PATENT AND LATENT, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADEWITHOUT WARRANTIES OF ANY KIND, AND EXPRESSLY DISCLAIMSMERCHANTABILITY, ANY REPRESENTATION OR WARRANTYFITNESS FOR A PARTICULAR PURPOSE, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDLESS OF HOW SUCH FAULTS AND DEFECTS WERE CAUSED OR CREATED (BY SELLER’S NEGLIGENCE, ACTIONS, OMISSIONS, OR FAULT, OR OTHERWISE). BY CLOSING, BUYER ACKNOWLEDGES IT HAS HAD OR WILL HAVE HAD PRIOR TO CLOSING A REASONABLE OPPORTUNITY TO INSPECT AND EXAMINE THE CONDITION OF EACH AND EVERY ASSET AND, SUBJECT TO EACH SELLER’S LIMITED INDEMNITY PURSUANT TO SECTION 8.2 BELOW, BUYER IS AWARE OF AND ACCEPTS THE CONDITION OF EACH AND EVERY ASSET. ALTHOUGH SELLER HAS MADE, AND UNTIL CLOSING WILL MAKE, ALL OF ITS FILES AND RECORDS AVAILABLE TO BUYER, NEITHER SELLER MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, EXCEPT AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE SET FORTH IN SECTION 3.1 OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLETHIS AGREEMENT, AS TO THE INFRINGEMENT ACCURACY OR COMPLETENESS OF ANY PATENTTITLE OPINION, TRADEMARK OR COPYRIGHTDATA, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTREPORTS, RECORDS, PROJECTIONS, INFORMATION, OR AS MATERIALS NOW, HERETOFORE, OR HEREAFTER FURNISHED OR MADE AVAILABLE TO BUYER IN CONNECTION WITH THE QUALITY ASSETS INCLUDING, WITHOUT LIMITATION, ANY DESCRIPTION OF THE MATERIAL OR WORKMANSHIP ASSETS, THE PRICING ASSUMPTIONS, THE ENVIRONMENTAL CONDITION OF THE PROPERTIES, ANY OTHER MATTERS CONTAINED IN ANY ITEM OF EQUIPMENT OR ENGINE THE DATA, OR ANY OTHER EXPRESS MATERIALS FURNISHED OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER MADE AVAILABLE TO BUYER BY EITHER SELLER. IN ENTERING INTO AND PERFORMING THIS AGREEMENT, BUYER HAS RELIED AND WILL RELY SOLELY UPON SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTIONS 3.1 OF THIS AGREEMENT AND UPON BUYER’S INDEPENDENT INVESTIGATION OF, AND JUDGMENT WITH RESPECT THERETOTO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTASSETS AND PROPERTIES AND THEIR VALUE.

Disclaimer. LESSOR LEASES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MSD MAKES NO REPRESENTATIONS AND LESSEE TAKES EXTENDS NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE AIRCRAFT "AS-ISPATENTS OR ANY LICENSE GRANTED BY MSD HEREUNDER, WHERE-IS"OR WITH RESPECT TO THE SUBSTANCE OR THE PRODUCTS, AND LESSOR OR ANY OTHER MATTER. FURTHERMORE, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE PATENTS IS VALID OR ENFORCEABLE OR THAT THE MPP'S OR SUBLICENSEE(S)’S USE OF THE PATENTS, SUBSTANCE OR PRODUCT AS CONTEMPLATED HEREUNDER WILL NOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. MSD ALSO DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, GIVE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS WITH REGARD TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY SAFETY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY EFFICACY OF THE MATERIAL SUBSTANCE OR WORKMANSHIP IN ANY ITEM THE PRODUCT AND IT SHALL BE THE SOLE RESPONSIBILITY OF EQUIPMENT THE SUBLICENSEES TO ENSURE SUCH SAFETY OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTEFFICACY.

Disclaimer. LESSOR LEASES Except for Seller’s express representations and warranties under this Agreement (or any document, affidavit or certificate executed or delivered in connection herewith) (collectively, the “Express Representations”), Seller hereby specifically disclaims any warranty, guaranty, or representation, oral or written; past, present or future, of, as to, or concerning (i) the nature and condition of the Property, including but not by way of limitation, the water, soil, geology and the suitability thereof, for any and all activities and uses which Purchaser may elect to conduct thereon, income to be derived therefrom or expenses to be incurred with respect thereto, or any obligations or any other matter or thing relating to or affecting the same; (ii) the manner of construction and condition and state of repair or lack of repair of any improvements located thereon; (iii) the nature and extent of any easement, right-of-way, lien, encumbrance or license reservation; and (iv) the compliance of the Property or the operation of the Property with any laws, rules, ordinances, or regulations of any government or other body. EXCEPT FOR THE EXPRESS REPRESENTATIONS, IN CONNECTION WITH THE CONVEYANCE OF THE PROPERTY AS PROVIDED FOR HEREIN, SELLER HAS NOT MADE AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMSMAKE, ANY REPRESENTATION REPRESENTATIONS, WARRANTIES OR WARRANTYCOVENANTS OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AS WITH RESPECT TO THE TITLEQUALITY OR CONDITION OF THE PROPERTY, AIRWORTHINESSTHE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT THEREON, CONDITIONCOMPLIANCE BY THE PROPERTY WITH ANY LAWS, VALUERULES, DESIGN, OPERATIONORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR HABITABILITY, MERCHANTABILITY OR FITNESS FOR USE A PARTICULAR PURPOSE, AND SPECIFICALLY, SELLER DOES NOT MAKE ANY REPRESENTATIONS REGARDING HAZARDOUS WASTE, AS DEFINED BY THE LAWS OF THE STATE IN WHICH THE HOTEL IS LOCATED AND ANY REGULATIONS ADOPTED PURSUANT THERETO OR FOR ANY PARTICULAR PURPOSE THE U. S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., PART 261, OR THE DISPOSAL OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE HAZARDOUS WASTE OR ANY OTHER EXPRESS HAZARDOUS OR IMPLIED REPRESENTATION TOXIC SUBSTANCES IN OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except ON THE PROPERTY. Except for the representations of Lessor set forth in Section 4(e) belowExpress Representations, and that Lessor represents that (i) it has good title Purchaser agrees to accept the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance Property at closing with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee Property being in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON its present AS IS condition WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTALL FAULTS.

Disclaimer. LESSOR LEASES PURCHASER, PARENT AND LESSEE TAKES THE AIRCRAFT "AS-ISSELLER AGREE THAT (A) EXCEPT AS SET FORTH IN THIS AGREEMENT, WHERE-IS"NONE OF SELLER, AND LESSOR DOES NOT ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES MAKE NOR SHALL BE DEEMED TO OR HAVE MADE, AND EXPRESSLY DISCLAIMS, MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS AT LAW OR IN EQUITY, WITH RESPECT TO THE TITLECOMPANIES, AIRWORTHINESSTHE SHARES, CONDITIONTHE ASSETS OR THE BUSINESS, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON INCLUDING WITH RESPECT TO (I) MERCHANTABILITY OR FITNESS FOR ANY LIABILITYPARTICULAR PURPOSE, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OF THE BUSINESS BY PURCHASER AFTER THE CLOSING OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION THE PROBABLE SUCCESS OR PROFITABILITY OF SERVICETHE COMPANIES OR THE BUSINESS AFTER THE CLOSING, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT INCLUDING IN RESPECT OF ANY ITEM MATERIALS PROVIDED OR STATEMENTS MADE IN CONNECTION WITH PURCHASER’S, PARENT’S OR SELLER’S DUE DILIGENCE INVESTIGATION, AND NONE OF EQUIPMENT PURCHASER, PARENT OR SELLER HAS RELIED ON ANY REPRESENTATION, WARRANTY OR OTHER STATEMENT MADE OR MATERIALS PROVIDED BY OR ON BEHALF OF ANY PARTY HERETO EXCEPT AS FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED SET FORTH IN ARTICLE III AND ARTICLE IV OF THIS AGREEMENT, AND (B) OTHER THAN THE PROVISIONS INDEMNIFICATION OBLIGATIONS SET FORTH IN ARTICLE IX, NEITHER PARTY OR ITS AFFILIATES, OR ANY OF EXHIBIT E HERETO THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES WILL HAVE OR BE SUBJECT TO ANY LIABILITY OR INDEMNIFICATION OBLIGATION TO THE OTHER PARTY OR TO ANY OTHER PERSON RESULTING FROM THE DISTRIBUTION OR USE OF, ANY INFORMATION RELATING TO THE SERVICINGCOMPANIES, MAINTENANCETHE BUSINESS, REPAIR THE ASSETS, OR IMPROVEMENT OF ANY SERVICED ENGINE THE PURCHASER, RESPECTIVELY OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT OTHER FORM IN CONNECTION WITH THE RIGHTS OF LESSEE AGAINST TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTSUCH OTHER REPRESENTATION OR WARRANTY IS HEREBY EXPRESSLY DISCLAIMED.

Disclaimer. LESSOR LEASES PURCHASER HAS NOT MADE ANY REPRESENTATION OR WARRANTY RELATING TO PURCHASER, THE BUSINESS OF PURCHASER, THE COMMON STOCK OF THE PURCHASER, OR OTHERWISE IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SCHEDULES HERETO AND LESSEE TAKES THE AIRCRAFT "AS-ISDOCUMENTS TO BE DELIVERED PURSUANT TO SECTION 2.2 HEREOF. IT IS UNDERSTOOD THAT ANY ESTIMATES, WHERE-IS"PROJECTIONS OR OTHER PREDICTIONS, OR ANY OTHER DATA NOT EXPRESSLY INCLUDED IN THIS AGREEMENT, THE SCHEDULES HERETO OR THE DOCUMENTS DELIVERED PURSUANT TO SECTION 2.2 HEREOF, ARE NOT AND LESSOR DOES SHALL NOT MAKE NOR SHALL BE DEEMED TO HAVE MADEBE OR TO INCLUDE REPRESENTATIONS OR WARRANTIES OF PURCHASER. EXCEPT AS SET FORTH HEREIN, AND EXPRESSLY DISCLAIMS, NO PERSON HAS BEEN AUTHORIZED BY PURCHASER TO MAKE ANY REPRESENTATION OR WARRANTYWARRANTY RELATING TO PURCHASER, EXPRESS OR IMPLIEDTHE BUSINESS OF PURCHASER , AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE COMMON STOCK OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTPURCHASER, OR AS TO OTHERWISE, IN CONNECTION WITH THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED TRANSACTIONS CONTEMPLATED HEREBY, AND IF MADE, SUCH REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL MUST NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY RELIED UPON AS HAVING BEEN AUTHORIZED BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTPURCHASER.

Disclaimer. LESSOR LEASES AND LESSEE TAKES NOTWITHSTANDING ANYTHING TO THE AIRCRAFT "AS-ISCONTRARY CONTAINED IN THIS AGREEMENT, WHERE-IS"NEITHER THE COMPANY, AND LESSOR DOES NOT MAKE SELLER NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, AFFILIATES, REPRESENTATIVES OR ADVISORS HAS MADE, OR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, MADE TO BUYER OR ANY OTHER PERSON ANY REPRESENTATION OR WARRANTYWARRANTY OTHER THAN THOSE EXPRESSLY SET FORTH IN ARTICLE III. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE III, NO REPRESENTATION OR WARRANTY HAS BEEN MADE OR IS BEING MADE, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY HEREIN TO BUYER OR ANY OTHER PERSON (I) IN RESPECT OF THE COMPANY OR ANY SUBSIDIARY OR ANY OF THEIR RESPECTIVE ASSETS, LIABILITIES OR OPERATIONS, INCLUDING AS TO THE TITLEMERCHANTABILITY, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY SUITABILITY OR FITNESS FOR USE A PARTICULAR PURPOSE, OR FOR QUALITY, WITH RESPECT TO ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE TANGIBLE ASSETS OR AS TO THE ABSENCE OF LATENT CONDITION OR OTHER DEFECTS, WHETHER WORKMANSHIP THEREOF OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTANY DEFECTS THEREIN, WHETHER LATENT OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE PATENT (OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereofREFERRED TO IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE OF ANY APPLICABLE JURISDICTION), (iiII) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITYPROJECTIONS, LOSS FORECASTS, BUSINESS PLANS, ESTIMATES OR DAMAGE CAUSED BUDGETS DELIVERED TO OR ALLEGED MADE AVAILABLE TO BE CAUSED DIRECTLY BUYER, OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) WITH RESPECT TO ANY INTERRUPTION OTHER INFORMATION OR DOCUMENTS MADE AVAILABLE TO BUYER, ITS AFFILIATES OR ANY OF SERVICETHEIR RESPECTIVE REPRESENTATIVES, LOSS OF BUSINESS AND SELLER EXPRESSLY DISCLAIMS ANY SUCH OTHER REPRESENTATIONS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT WARRANTIES. NOTHING CONTAINED IN THIS SECTION 4(a) 3.27 OR ELSEWHERE IN THIS AGREEMENT SHALL IN ANY WAY LIMIT ANY OF THE RIGHTS REPRESENTATIONS AND WARRANTIES SET FORTH IN ARTICLE III OF LESSEE AGAINST THIS AGREEMENT OR WAIVE OR RELEASE ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTCLAIMS FOR INTENTIONAL FRAUD.

Disclaimer. LESSOR LEASES EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR IN THE SUPPLY AGREEMENT, ALL INFORMATION, DATA AND LESSEE TAKES THE AIRCRAFT "INTELLECTUAL PROPERTY RIGHTS AND ALL LICENSED COMPOUNDS PROVIDED HEREUNDER ARE PROVIDED AS-IS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR IN THE SUPPLY AGREEMENT, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTYWARRANTY WITH REGARD TO ANY PATENTS, KNOW-HOW, INTELLECTUAL PROPERTY RIGHTS, DATA, LICENSED COMPOUNDS OR LICENSED PRODUCT, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE SUPPLY AGREEMENT EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR IN THE SUPPLY AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR IN THE SUPPLY AGREEMENT, EACH PARTY DISCLAIMS, AND WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, AS ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY DATA, LICENSED COMPOUNDS OR LICENSED PRODUCT OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE SUPPLY AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WITH RESPECT TO THE TITLEAPPROPRIATENESS OF ANY STUDY DESIGN OR ANY REGULATORY LABEL, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE A PARTICULAR PURPOSE, IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR FOR USAGE OF TRADE, AND ANY PARTICULAR PURPOSE IMPLIED WARRANTY OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTNON INFRINGEMENT.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND THE PROVISIONS ASSIGNMENT TO BE DELIVERED BY SELLER AT THE CLOSING, THE ASSETS ARE SOLD AND ACCEPTED BY BUYER AT CLOSING “AS IS, WHERE IS AND WITH ALL FAULTS.” SELLER MAKES NO WARRANTY OR REPRESENTATION OF EXHIBIT E HERETO RELATING ANY KIND OR NATURE, EXPRESS OR IMPLIED IN FACT OR BY LAW, WITH RESPECT TO THE SERVICINGORIGIN, MAINTENANCEQUANTITY, REPAIR QUALITY, CONDITION OR IMPROVEMENT SAFETY OF ANY SERVICED ENGINE EQUIPMENT OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN OTHER PERSONAL PROPERTY, TITLE TO PERSONAL OR MIXED PROPERTY, TITLE TO REAL PROPERTY, COMPLIANCE WITH GOVERNMENTAL REGULATIONS OR LAWS, MERCHANTABILITY, FREEDOM FROM REDHIBITORY VICES OR DEFECTS, FITNESS FOR ANY WAY LIMIT PARTICULAR PURPOSES, CONDITION, QUANTITY, VALUE OR EXISTENCE OF RESERVES OF OIL, GAS OR OTHER MINERALS PRODUCIBLE OR RECOVERABLE FROM THE RIGHTS OF LESSEE LEASES, UNITS OR XXXXX, OR OTHERWISE. ALL XXXXX, PERSONAL OR MIXED PROPERTY, DATA, RECORDS, MACHINERY, EQUIPMENT AND FACILITIES COMPRISING THE ASSETS OR SITUATED THEREON OR APPURTENANT THERETO, ARE TO BE CONVEYED BY SELLER AND ACCEPTED BY BUYER PRECISELY AND ONLY “AS IS, WHERE IS” AND WITHOUT RECOURSE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTSELLER.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-ISEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WHERE-IS"OR ANY OTHER AGREEMENT CONTEMPLATED HEREUNDER, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADENEITHER PARTY MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KIND, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, AND EACH PARTY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR AND OF FITNESS FOR USE OR FOR ANY A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, VALIDITY AND ENFORCEABILITY OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTPATENTS, OR AS TO THE QUALITY PROSPECTS OR LIKELIHOOD OF THE MATERIAL DEVELOPMENT OR WORKMANSHIP IN ANY ITEM COMMERCIAL SUCCESS OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the ActPRODUCT. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED STATED IN THIS SECTION 4(aAGREEMENT, ALL REPRESENTATIONS AND WARRANTIES, WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE, ARE EXPRESSLY EXCLUDED. WITHOUT LIMITING THE FOREGOING, AND WITHOUT LIMITING THE EXPRESS COVENANTS OF THE PARTIES SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION, WARRANTY OR COVENANT, EITHER EXPRESS OR IMPLIED, THAT (A) SHALL IT WILL SUCCESSFULLY DEVELOP, MANUFACTURE, COMMERCIALIZE OR CONTINUE TO DEVELOP, MANUFACTURE OR COMMERCIALIZE ANY PRODUCT IN ANY WAY LIMIT COUNTRY, OR (B) IF COMMERCIALIZED, ANY PRODUCT WILL ACHIEVE ANY PARTICULAR SALES LEVEL, WHETHER IN ANY INDIVIDUAL COUNTRY OR CUMULATIVELY THROUGHOUT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTTERRITORY.

Disclaimer. LESSOR LEASES THE REPRESENTATIONS AND LESSEE TAKES WARRANTIES MADE BY THE AIRCRAFT "AS-IS, WHERE-IS", SELLERS IN THIS AGREEMENT (INCLUDING THE DISCLOSURE SCHEDULES) AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM AGREEMENT, DOCUMENT OR INSTRUMENT TO BE EXECUTED AND DELIVERED BY THE SELLERS (OR ANY OF EQUIPMENT OR ENGINE OR THEM) AT THE CLOSING ARE THE EXCLUSIVE REPRESENTATIONS AND WARRANTIES MADE BY THE SELLERS. THE SELLERS HEREBY DISCLAIM ANY OTHER EXPRESS OR IMPLIED REPRESENTATION REPRESENTATIONS AND WARRANTIES. THE SELLERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTY WHATSOEVER WITH RESPECT THERETOWARRANTIES REGARDING PRO-FORMA FINANCIAL INFORMATION, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the ActFINANCIAL PROJECTIONS OR OTHER FORWARD-LOOKING STATEMENTS OF THE BUSINESS. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT (INCLUDING THE PROVISIONS DISCLOSURE SCHEDULES) OR IN ANY AGREEMENT, DOCUMENT OR INSTRUMENT TO BE EXECUTED AND DELIVERED BY THE SELLERS (OR ANY OF EXHIBIT E HERETO RELATING THEM) AT THE CLOSING, (A) THE SELLERS ARE SELLING THE TRANSFERRED ASSETS HEREUNDER ON AN “AS IS, WHERE IS, WITH ALL FAULTS” BASIS, AND (B) THE SELLERS MAKE NO REPRESENTATIONS OR EXPRESS OR IMPLIED WARRANTIES AS TO THE SERVICINGBUSINESS, MAINTENANCETHE TRANSFERRED ASSETS OR THE ASSUMED LIABILITIES, REPAIR INCLUDING AS TO THEIR PHYSICAL CONDITION, USABILITY, MERCHANTABILITY, PROFITABILITY OR IMPROVEMENT OF FITNESS FOR ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTPURPOSE.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-ISEquifax makes no representations, WHERE-IS"warranties or guarantees, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADEexpress or implied, AND other than those expressed in this Agreement. EXCEPT AS EXPRESSLY DISCLAIMSSTATED IN THIS AGREEMENT, ANY REPRESENTATION OR WARRANTYTHERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, AS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE EQUIFAX AUTOMATED CREDIT REPORTING SYSTEM, THE EQUIFAX CREDIT INFORMATION, THE EQUIFAX API OR ANY OTHER MACHINERY, EQUIPMENT, MATERIALS, PROGRAMMING AIDS OR OTHER ITEMS UTILIZED BY BROKER IN CONNECTION WITH OR RELATED TO, OR RESPECTING THE ACCURACY OF ANY EQUIFAX CREDIT INFORMATION FURNISHED BY EQUIFAX TO BROKER OR TO ANY CONSUMER SUBJECTS. EQUIFAX DOES NOT GUARANTEE OR WARRANT THE TITLECORRECTNESS, AIRWORTHINESSCOMPLETENESS, CONDITION, VALUE, DESIGN, OPERATIONCURRENTNESS, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY A PARTICULAR PURPOSE OF THE CREDIT INFORMATION PROVIDED TO BROKER. NEITHER EQUIFAX, NOR ANY ITEM OF EQUIPMENT ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, LICENSORS OR ENGINE AFFILIATED COMPANIES WILL BE LIABLE TO BROKER FOR ANY LOSS OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTINJURY ARISING OUT OF, OR AS TO THE QUALITY OF THE MATERIAL CAUSED IN WHOLE OR WORKMANSHIP IN PART BY, THEIR ACTS OR OMISSIONS, EVEN IF NEGLIGENT, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, PROCESSING, REPORTING OR TRANSMITTING ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTCREDIT INFORMATION.

Disclaimer. LESSOR LEASES THIS SITE AND LESSEE TAKES THE AIRCRAFT "AS-ISALL MTCONNECT® MATERIALS ARE PROVIDED “AS‐IS.” AMT, WHERE-IS"MTCONNECT® INSTITUTE, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADEEACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, AFFILIATES, SPONSORS, AND EXPRESSLY DISCLAIMSAGENTS (COLLECTIVELY, THE “AMT PARTIES”) MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THIS SITE, ANY REPRESENTATION SITES LINKED‐TO FROM THIS SITE, OR WARRANTYOTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE MTCONNECT® MATERIALS (COLLECTIVELY, THE “SITE”). THE AMT PARTIES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE AMT PARTIES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES OF TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, OR AGAINST INFRINGEMENT OF ANY THIRD‐ PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE MTCONNECT® MATERIALS OR ANY OF THE OTHER CONTENT MADE AVAILABLE ON THIS SITE OR OTHERWISE BY ANY OF THE AMT PARTIES, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF ANY OF THE AMT PARTIES OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THIS SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE AMT PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereofTHAT THE MTCONNECT® MATERIALS OR OTHER CONTENT PROVIDED THROUGH THIS SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY THAT DEFECTS OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO ERRORS IN THIS SITE WILL BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESCORRECTED; OR (IViv) THAT THE DELIVERY HEREUNDERMTCONNECT® MATERIALS OR OTHER CONTENT ON THIS SITE SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MTCONNECT® MATERIALS AND ANY OTHER CONTENT ON THIS SITE SHALL BE SUBJECT TO CHANGE WITHOUT NOTICE, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN AND THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTAMT PARTIES DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-ISEXCEPT AS OTHERWISE PROVIDED HEREIN, WHERE-IS"ABB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS WITH RESPECT TO THE TITLEPRODUCT, AIRWORTHINESSOR ANY MAINTENANCE PROVIDED BY ABB INCLUDING, CONDITIONWITHOUT LIMITATION, VALUEANY IMPLIED WARRANTIES OF MERCHANTABILITY, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE A PARTICULAR PURPOSE OR NONINFRINGEMENT, AND ABB EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES. IN ADDITION, ABB DOES NOT WARRANT THAT: (a) THE PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR-FREE; (b) ALL ERRORS CAN BE CORRECTED; (c) THE PRODUCT IS INVULNERABLE OR THIRD-PARTY DISRUPTIONS OR UNAUTHORIZED THIRD PARTY ACCES CAN BE PREVENTED; OR (d) THE APPLICATIONS CONTAINED IN THE PRODUCT ARE DESIGNED TO MEET ALL OF YOUR BUSINESS REQUIREMENTS. YOU ACKNOWLEDGE THAT YOU HAVE ASSESSED FOR YOURSELF THE SUITABILITY AND SECURITY ASPECTS OF THE PRODUCT FOR ITS REQUIREMENTS. IN ADDITION TO OTHER LIMITATIONS OF LIABILITY, ABB IS NOT LIABLE FOR ANY DOWNTIME OR SERVICE INTERRUPTION, FOR ANY LOST, STOLEN OR CORRUPTED DATA, OR FOR ANY PARTICULAR PURPOSE OTHER DAMAGES ARISING OUT OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONGUNAUTHORIZED THIRD-TERM AGREEMENTPARTY ACCESS.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-ISEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WHERE-IS"NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY A PARTICULAR PURPOSE WITH RESPECT TO ANY PATENTS, CONFIDENTIAL INFORMATION OR KNOW-HOW OF SUCH PARTY OR ANY ITEM LICENSE GRANTED BY SUCH PARTY HEREUNDER, OR [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF EQUIPMENT OR ENGINE OR 1934, AS AMENDED. WITH RESPECT TO ANY COMPOUNDS, INCLUDING BUT NOT LIMITED TO THE ABSENCE OF LATENT TRANSFERRED MATERIALS. FURTHERMORE, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF WARRANTIES THAT ANY PATENT, TRADEMARK PATENT APPLICATION, OR COPYRIGHTOTHER PROPRIETARY RIGHTS INCLUDED IN PATENTS, AS CONFIDENTIAL INFORMATION OR KNOW-HOW LICENSED BY SUCH PARTY TO THE ABSENCE OTHER PARTY HEREUNDER ARE VALID OR ENFORCEABLE OR THAT USE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTSUCH PATENTS, CONFIDENTIAL INFORMATION OR AS TO THE QUALITY OF THE MATERIAL KNOW-HOW CONTEMPLATED HEREUNDER DOES NOT INFRINGE ANY PATENTS OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE INTELLECTUAL PROPERTY RIGHTS OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTTHIRD PARTY.

Disclaimer. LESSOR LEASES EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND LESSEE TAKES THE AIRCRAFT "ASEACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT), INCLUDING WITH RESPECT TO ANY PATENTS OR KNOW-ISHOW, WHEREINCLUDING WARRANTIES OF VALIDITY OR ENFORCEABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE AND NON-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, INFRINGEMENT OF ANY THIRD PARTY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT. NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS THAT IT WILL BE ABLE TO SUCCESSFULLY ADVANCE THE PRODUCT OR DEVELOP, ACHIEVE REGULATORY APPROVAL FOR, MANUFACTURE OR COMMERCIALIZE THE PRODUCT OR, IF COMMERCIALIZED, THAT ANY PARTICULAR SALES LEVEL OR PROFIT OF THE PRODUCT WILL BE ACHIEVED. IN, ADDITION, NOTWITHSTANDING ANYTHING TO CONTRARY IN THIS ARTICLE 10 (REPRESENTATIONS, WARRANTIES AND COVENANTS), ALL REFERENCES BY A PARTY TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT SHALL NOT REFER TO THE GRANTING OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION RIGHTS OR PERFORMANCE OF ANY ITEM ACTIVITIES UNDER A DEFINITIVE AGREEMENT ENTERED INTO AS A RESULT OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTROFN.

Disclaimer. LESSOR LEASES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND LESSEE TAKES EXCEPT AS OTHERWISE EXPRESSLY SETFORTH IN THIS AGREEMENT, THE AIRCRAFT "AS-ISPLATFORM, WHERE-IS"MAINTENANCE AND SUPPORT, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, ANY ADDITIONAL SERVICES ARE PROVIDED “AS IS” AND EXPRESSLY DISCLAIMS, “AS AVAILABLE” WITHOUT WARRANTY OF ANY REPRESENTATION OR WARRANTYKIND AND IGNYTE HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICINGPLATFORM, MAINTENANCEMAINTENANCE AND SUPPORT, REPAIR AND ANY ADDITIONAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR IMPROVEMENT ANY WARRANTY, GUARANTEE, OR REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, MAINTENANCE AND SUPPORT, AND ANY ADDITIONAL SERVICES. IGNYTE DOES NOT VERIFY, ERROR-CHECK ORWARRANT THE ACCURACY OR FITNESS OF ANY SERVICED ENGINE INFORMATION UPLOADED OR SERVICED AIRCRAFT; PROVIDED ENTERED INTO THE PLATFORM. IGNYTE IS NOT RESPONSIBLE FOR ANY DEFECT CAUSED BY OR THAT NOTHING CONTAINED OTHERWISE RESULTS FROM MODIFICATIONS, MISUSE OR DAMAGE TO THE PLATFORM MADE, PERMITTED OR OTHERWISE CAUSED BY CLIENT IN THIS SECTION 4(a) SHALL WHOLE OR IN PART. WHILE IGNYTE AND ITS CONTENT PROVIDERS USE COMMERCIALLY REASONABLE EFFORTS TO UPDATE THE PLATFORM WITH CONTINUALLY CHANGING LAWS, CODES, STANDARDS, REQUIREMENTS AND REGULATIONS (COLLECTIVELY, “LAWS”), INFORMATION AND FORMS, CLIENT MUST ALWAYS EXAMINE THE MOST CURRENT LAWS, INFORMATION, AND FORMS AND MAKE DETERMINATIONS AS TO THEIR APPLICABILITY TO CLIENT’S SITUATION TO ENSURE THAT CLIENT IS IN FULL COMPLIANCE WITH ANY WAY LIMIT AND ALL APPLICABLE LAWS. IGNYTEDOES NOT WARRANT THAT USE OF THE RIGHTS OF LESSEE AGAINST PLATFORM WILL RESULT IN CLIENT’S COMPLIANCE WITH ANY AFFILIATE OF LESSOR UNDER APPLICABLE LAWS, AND CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT CLIENT IS SOLELY RESPONSIBLE FOR ENSURING ITS COMPLIANCE WITH ANY LONG-TERM AGREEMENTAPPLICABLE LAWS.

Disclaimer. LESSOR LEASES AND LESSEE TAKES EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE AIRCRAFT "AS-PROPERTIES OF ELECTROANDES WHICH PURCHASER WILL ACQUIRE BENEFICIALLY BY REASON OF ITS PURCHASE OF THE INTERESTS ARE BEING ACQUIRED ON AN “AS IS, WHERE-WHERE IS", WITH ALL FAULTS,” BASIS AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND SELLER EXPRESSLY DISCLAIMS, DISCLAIMS ANY REPRESENTATION OR WARRANTYWARRANTY OF ANY KIND OR NATURE, EXPRESS OR IMPLIED RELATED THERETO INCLUDING THOSE AS TO THE CONDITION, VALUE, NEED FOR REPAIR OR MAINTENANCE, OR QUALITY THEREOF. THE PARTIES HEREBY AGREE, THAT NONE OF SELLER NOR ANY OF ITS AFFILIATES, REPRESENTATIVES OR OFFICERS HAS MADE OR IS MAKING ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY WRITTEN OR FITNESS FOR USE OR FOR ORAL (INCLUDING ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETOAS TO THE CONDITION, except for the representations of Lessor set forth in Section 4(eSTATE OF REPAIR, MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITYTHE PROPERTIES OF ELECTROANDES, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (PART THEREOF, EXCEPT THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLE III) ANY INTERRUPTION OF SERVICE. IN PARTICULAR, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL AND WITHOUT IN ANY WAY LIMIT LIMITING THE RIGHTS FOREGOING, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTKIND OR NATURE WHATSOEVER RELATING TO ELECTROANDES OR THE INTERESTS.

Disclaimer. LESSOR LEASES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR OTHERWISE: (a) THE REPRESENTATIONS AND LESSEE TAKES WARRANTIES OF EACH OF THE AIRCRAFT "AS-ISCOMPANY, WHERE-IS"PARENT AND MERGER SUB EXPRESSLY SET FORTH IN ARTICLE III AND ARTICLE IV, AS THE CASE MAY BE, ARE AND SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES MADE WITH RESPECT TO THE COMPANY AND ITS SUBSIDIARIES, ON THE ONE HAND, OR PARENT AND MERGER SUB, ON THE OTHER HAND, IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED (b) EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES REFERRED TO HAVE MADEIN CLAUSE (a) ABOVE, AND EXPRESSLY DISCLAIMSNONE OF THE COMPANY, ITS SUBSIDIARIES, ANY COMPANY RELATED PARTY, PARENT, MERGER SUB, ANY PARENT RELATED PARTY OR ANY OTHER PERSON HAS MADE OR IS MAKING ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, EXPRESS STATUTORY OR IMPLIEDOTHERWISE, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS NATURE, INCLUDING WITH RESPECT TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER AS TO THE MERCHANTABILITY, QUALITY, QUANTITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE BUSINESS OR THE ASSETS OF THE COMPANY AND ITS SUBSIDIARIES OR PARENT AND ITS SUBSIDIARIES, AS THE CASE MAY BE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR OTHERWISE, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLE III AND ARTICLE IV, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY NATURE, INCLUDING WITH RESPECT THERETOTO ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY AS TO THE MERCHANTABILITY, QUALITY, QUANTITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE BUSINESS OR THE ASSETS OF THE COMPANY AND ITS SUBSIDIARIES, OR PARENT AND ITS SUBSIDIARIES, ARE HEREBY EXPRESSLY DISCLAIMED. PARENT, MERGER SUB AND THE COMPANY REPRESENT, WARRANT, COVENANT AND AGREE, ON BEHALF OF THEMSELVES AND THE PARENT RELATED PARTIES OR THE COMPANY RELATED PARTIES, AS THE CASE MAY BE, THAT IN DETERMINING TO ENTER INTO AND CONSUMMATE THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY, THEY ARE NOT RELYING UPON, AND HAVE NOT BEEN INDUCED BY, ANY REPRESENTATION OR WARRANTY MADE OR PURPORTEDLY MADE BY OR ON BEHALF OF ANY PERSON, OTHER THAN THOSE EXPRESSLY MADE BY THE COMPANY AS SET FORTH IN ARTICLE III OR BY PARENT AND MERGER SUB AS SET FORTH IN ARTICLE IV, AND THAT PARENT FURTHER AGREES THAT IT SHALL ACQUIRE THE COMPANY AND ITS SUBSIDIARIES AND THEIR RESPECTIVE ASSETS WITHOUT ANY REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IN AN “AS IS” CONDITION AND ON A “WHERE IS” BASIS AND “WITH ALL FAULTS”. Without limiting the generality of the immediately preceding paragraph, it is understood and agreed by Parent and Merger Sub, on behalf of themselves and the Parent Related Parties, that any estimate, projection forecast, plan, budget or other prediction, any data, any financial information or any memoranda or offering materials or presentations, including any memoranda and materials provided by or on behalf of the Company or its Subsidiaries or any Company Related Party, are not and shall not be deemed to be or to include representations or warranties, except for to the representations of Lessor extent explicitly set forth in Article III hereof as a representation and warranty by (and only by) the Company. This Section 4(e) below8.17 shall not prevent or limit a cause of action based upon, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereofor relieve any party from any liability on account of, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTactual fraud.

Disclaimer. LESSOR LEASES ASSIGNEES ACKNOWLEDGE AND LESSEE TAKES THE AIRCRAFT "AS-ISAGREE THAT ASSIGNORS HAVE NOT MADE, WHERE-IS", AND LESSOR DOES DO NOT MAKE NOR SHALL BE DEEMED TO HAVE MADEAND SPECIFICALLY NEGATE AND DISCLAIM ANY REPRESENTATIONS, AND EXPRESSLY DISCLAIMSWARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE), ORAL OR WARRANTYWRITTEN, EXPRESS PAST, PRESENT OR IMPLIEDFUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE TITLEASSIGNED RIGHTS OR FUTURE PERFORMANCE OF THE ASSIGNED RIGHTS OR COLLATERAL RELATING THERETO INCLUDING WITHOUT LIMITATION THE FOLLOWING: (a) THE BORROWER'S, AIRWORTHINESSBLUESTEM'S OR ANY QUEST PLEDGOR'S TITLE TO THE PROPERTIES REFERRED TO ABOVE OR IN ANY OF THE EXISTING LOAN DOCUMENTS; (b) THE ACCURACY OF THE PROPERTY DESCRIPTION OR OF ANY RECORDING OR OTHER INFORMATION STATED, CONDITIONRECITED OR REFERRED TO ABOVE OR IN ANY OF THE EXISTING LOAN DOCUMENTS; (c) THE VALIDITY, VALUEENFORCEABILITY OR PRIORITY OF THE NOTES, DESIGNTHE OTHER EXISTING LOAN DOCUMENTS OR THE OUTSTANDING HEDGE AGREEMENTS, OPERATION, MERCHANTABILITY THE LIENS OR FITNESS FOR USE THE COLLECTIBILITY OF THE LOANS RELATED THERETO; (d) THE EXISTENCE OR BASIS FOR ANY PARTICULAR PURPOSE CLAIM, COUNTERCLAIM, DEFENSE OR OFFSET RELATING TO THE EXISTING DEBT OR THE COMPLIANCE OF THE EXISTING DEBT WITH ANY LAWS, ORDINANCES OR REGULATIONS OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT GOVERNMENTAL OR OTHER DEFECTSBODY; (e) THE LEGAL, WHETHER FINANCIAL OR NOT DISCOVERABLEOTHER CAPACITY, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK CONDITION OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY STATUS OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE MAKER OR ANY OTHER EXPRESS OBLIGOR, GUARANTOR OR IMPLIED REPRESENTATION SURETY ON THE NOTES; (f) THE ECONOMIC, ENVIRONMENTAL OR WARRANTY WHATSOEVER WITH RESPECT OTHER VALUE, CONDITION OR STATUS OF ANY COLLATERAL; AND (g) THE PRESENCE ON OR DISCHARGE OR EMISSION FROM SUCH PROPERTY OR OTHER COLLATERAL, WHETHER NOW OR IN THE PAST, OF ANY HAZARDOUS SUBSTANCES (AS DEFINED IN THE REVOLVER CREDIT AGREEMENT). ASSIGNEES FURTHER ACKNOWLEDGE AND AGREE THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE ASSIGNED RIGHTS AND COLLATERAL RELATING THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL ASSIGNEES ARE RELYING SOLELY ON THEIR OWN INVESTIGATIONS AND NOT HAVE ON ANY RESPONSIBILITY INFORMATION PROVIDED OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY PROVIDED BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTASSIGNORS.

Disclaimer. LESSOR LEASES AND LESSEE TAKES (A) EXCEPT AS SET FORTH IN THIS ARTICLE III, NONE OF THE AIRCRAFT "AS-ISSELLER PARENT, WHERE-IS"SELLER, AND LESSOR DOES NOT BVI ONE, THE COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES MAKE NOR SHALL BE DEEMED TO OR HAVE MADE, AND EXPRESSLY DISCLAIMS, MADE ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLEAT LAW OR IN EQUITY, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY RESPECT OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE SELLER PARENT, SELLER, BVI ONE, THE BUSINESS, THE COMPANY AND PRC SUBSIDIARIES, THE ACQUIRED INTERESTS OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETOOF THE ASSETS, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON INCLUDING WITH RESPECT TO (I) MERCHANTABILITY OR FITNESS FOR ANY LIABILITYPARTICULAR USE OR PURPOSE, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USEOPERATION OF THE BUSINESS BY THE PURCHASER AFTER THE CLOSING IN ANY MANNER OTHER THAN AS USED AND OPERATED BY THE SELLER PARENT, OPERATION THE SELLER, BVI ONE THE COMPANY AND THE PRC SUBSIDIARIES OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) THE PROBABLE SUCCESS OR PROFITABILITY OF THE BUSINESS AFTER THE CLOSING AND (B) NONE OF THE SELLER PARENT, THE SELLER, BVI ONE, THE COMPANY, ITS AFFILIATES, OR ANY INTERRUPTION OF SERVICETHEIR RESPECTIVE OFFICERS, LOSS OF BUSINESS DIRECTORS, EMPLOYEES OR ANTICIPATED PROFITS REPRESENTATIVES WILL HAVE OR SPECIALBE SUBJECT TO ANY LIABILITY OR INDEMNIFICATION OBLIGATION TO THE PURCHASER, PUNITIVE THE PURCHASER SHAREHOLDER OR CONSEQUENTIAL DAMAGES; TO ANY OTHER PERSON RESULTING FROM THE DISTRIBUTION TO THE PURCHASER, ITS AFFILIATES OR (IV) REPRESENTATIVES OF, OR THE DELIVERY HEREUNDERPURCHASER’S OR THE PURCHASER SHAREHOLDER’S USE OF, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO INFORMATION RELATING TO THE SERVICINGBUSINESS, MAINTENANCEINCLUDING ANY INFORMATION, REPAIR DOCUMENTS OR IMPROVEMENT MATERIALS MADE AVAILABLE TO THE PURCHASER OR THE PURCHASER SHAREHOLDER, WHETHER ORALLY OR IN WRITING, IN RESPONSES TO QUESTIONS SUBMITTED ON BEHALF OF ANY SERVICED ENGINE THE PURCHASER OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL THE PURCHASER SHAREHOLDER OR IN ANY WAY LIMIT OTHER FORM IN EXPECTATION OF THE RIGHTS OF LESSEE AGAINST TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTSUCH OTHER REPRESENTATION OR WARRANTY IS HEREBY EXPRESSLY DISCLAIMED.

Disclaimer. LESSOR LEASES AND LESSEE TAKES EXCEPT AS SET FORTH IN THIS AGREEMENT, SELLER WILL CONVEY TO BUYER THE AIRCRAFT "AS-ISSHARES WITHOUT ANY EXPRESS, WHERE-IS"STATUTORY, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY OR IMPLIED WARRANTY OR REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO KIND FROM SELLER, THE ABSENCE OF LATENT OR OTHER DEFECTSCOMPANY, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTSUBSIDIARY, OR AS TO THE QUALITY ANY OF THE MATERIAL THEIR RESPECTIVE AFFILIATES, INCLUDING WARRANTIES OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT REPRESENTATIONS RELATING TO (I) ANY LIABILITYTHE COMPANY OR THE SUBSIDIARY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) TITLE OF THE USECOMPANY OR THE SUBSIDIARY IN AND TO THE PROPERTIES, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION THE CONDITION OF SERVICETHE PROPERTIES, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY OF THE DELIVERY HEREUNDERPROPERTIES, OPERATION(V) ANY IMPLIED OR EXPRESS WARRANTY OF THE FITNESS OF THE PROPERTIES FOR A PARTICULAR PURPOSE, SERVICING(VI) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, MAINTENANCE(VII) ANY AND ALL OTHER IMPLIED WARRANTIES EXISTING UNDER APPLICABLE LAW NOW OR HEREAFTER IN EFFECT, REPAIR OR IMPROVEMENT (VIII) ANY IMPLIED OR EXPRESS WARRANTY REGARDING COMPLIANCE WITH ANY APPLICABLE ENVIRONMENTAL LAWS, THE RELEASE OF MATERIALS INTO THE ENVIRONMENT, OR PROTECTION OF THE ENVIRONMENT OR HEALTH. EXCEPT AS SET FORTH IN THIS AGREEMENT, IN PURCHASING THE SHARES BUYER ACCEPTS THE PROPERTIES "AS IS," "WHERE IS," AND "WITH ALL FAULTS" AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT AS SET FORTH IN THIS AGREEMENT, NEITHER SELLER, THE COMPANY NOR THE SUBSIDIARY MAKES ANY REPRESENTATION OR WARRANTY AS TO (A) THE AMOUNT, VALUE, QUALITY, QUANTITY, VOLUME, OR DELIVERABILITY OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING OIL, GAS, OR OTHER MINERALS OR RESERVES IN, UNDER, OR ATTRIBUTABLE TO THE SERVICINGOIL AND GAS PROPERTIES, MAINTENANCE(B) THE PHYSICAL, REPAIR OPERATING, REGULATORY COMPLIANCE, SAFETY, OR IMPROVEMENT ENVIRONMENTAL CONDITION OF THE PROPERTIES, (C) THE GEOLOGICAL OR ENGINEERING CONDITION OF THE OIL AND GAS PROPERTIES OR ANY VALUE THEREOF OR (D) THE ACCURACY, COMPLETENESS, OR MATERIALITY OF ANY SERVICED ENGINE DATA, INFORMATION, OR SERVICED AIRCRAFT; PROVIDED RECORDS FURNISHED TO BUYER IN CONNECTION WITH THE COMPANY, THE SUBSIDIARY OR THE PROPERTIES. BUYER AGREES THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTFOREGOING DISCLAIMER IS "CONSPICUOUS."

Disclaimer. LESSOR LEASES EXCEPT AS SET FORTH IN THIS AGREEMENT, SELLERS AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS", AND LESSOR DOES COMPANIES DO NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIEDEXPRESS, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTSTATUTORY, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO THE INTERESTS, ANY COMPANY, OR ANY OF THE ASSETS, AND EXCEPT AS SET FORTH IN THIS AGREEMENT, SELLERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE INTERESTS, ANY COMPANY, OR ANY ASSETS, SUCH DISCLAIMER INCLUDING ANY WARRANTY OR REPRESENTATION (EXPRESS, STATUTORY OR IMPLIED) AS TO: (I) ANY LIABILITYTHE CONDITION OF THE ASSETS, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) FITNESS OF THE USEASSETS FOR A PARTICULAR PURPOSE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) THE ACCURACY OR COMPLETENESS OF ANY INTERRUPTION OF SERVICEINFORMATION FURNISHED TO BUYER OR ITS REPRESENTATIVES, LOSS OF BUSINESS ADVISORS OR ANTICIPATED PROFITS CONSULTANTS BY THE COMPANIES, SELLERS, SELLERS’ AFFILIATES OR SPECIALREPRESENTATIVES, PUNITIVE INCLUDING ANY INFORMATION IN ANY “DATA ROOM” OR CONSEQUENTIAL DAMAGES; OR “VIRTUAL DATA ROOM,” ANY PROJECTIONS AND ANY INTERIM FINANCIAL STATEMENTS (OTHER THAN THOSE “INTERIM FINANCIALS” ATTACHED AS SCHEDULE 2.6.1) AND (IV) THE DELIVERY HEREUNDERCOMPLIANCE WITH ANY REGULATIONS, OPERATION, SERVICING, MAINTENANCE, REPAIR LAWS OR IMPROVEMENT PROTECTION OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING ENVIRONMENT OR HEALTH. BUYER ACKNOWLEDGES AND AGREES TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED FOREGOING AND THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTFOREGOING DISCLAIMER IS “CONSPICUOUS.”

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "The representations and warranties made by Lumina in this Agreement are made solely to Customer. Except as otherwise provided in this Agreement, Lumina provides, and Customer accepts, the Software in “AS-IS” CONDITION AND “WITH ALL FAULTS”; and TO THE FULLEST EXTENT PERMITTED BY LAW, WHERE-IS"LUMINA, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTYREPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS IN CONNECTION WITH THE LUMINA WEBSITE, THE SOFTWARE, AND CUSTOMER’S AND ITS USERS’ USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. LUMINA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SOFTWARE OR SOFTWARE CONTENT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM CUSTOMER’S AND ITS USERS’ USE OF THE SOFTWARE, (C) ANY UNAUTHORIZED ACCESS OR USE OF THE SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE TITLESOFTWARE BY ANY THIRD PARTY, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY AND/OR FITNESS FOR USE (F) ANY ERRORS OR OMISSIONS IN THE SOFTWARE OR ANY CONTENT AND MATERIALS OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM KIND INCURRED AS A RESULT OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT USE OF ANY ITEM CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SOFTWAR. AS WITH THE PURCHASE OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR A PRODUCT OR IMPROVEMENT OF SOFTWARE THROUGH ANY SERVICED ENGINE MEDIUM OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT ENVIRONMENT, CUSTOMER SHOULD USE ITS BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SOME STATES OR COUNTRIES DO NOT ALLOW THE RIGHTS EXCLUSION OF LESSEE AGAINST ANY AFFILIATE IMPLIED WARRANTIES, SO CERTAIN OF LESSOR UNDER ANY LONG-TERM AGREEMENTTHE ABOVE EXCLUSIONS MAY NOT APPLY.

Disclaimer. LESSOR LEASES AND LESSEE TAKES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE AIRCRAFT "AS-ISLICENSE AGREEMENT, WHERE-IS"NEITHER HEALEON NOR SUNEVA MAKES, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED EACH PARTY HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO HAVE MADETHE SERVICES PROVIDED UNDER THIS AGREEMENT, THE PRODUCTS, ANY FINISHED PRODUCT OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AP PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE OR RELATED TO QUALITY OR CONDITION ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND WITHOUT LIMITING OR RESTRICTING ANY OF THE EXPRESS REPRESENTATIONS OR WARRANTIES SET FORTH HEREIN, NEITHER PARTY MAKES, AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTYWARRANTY THAT THE DEVELOPMENT, EXPRESS MANUFACTURE AND COMMERCIALIZATION OF THE FINISHED PRODUCTS WILL BE SUCCESSFUL OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR THAT ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON SALES LEVEL WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO THE FINISHED PRODUCTS WILL BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTACHIEVED.

Disclaimer. LESSOR LEASES (a) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, EXCEPT AS AND LESSEE TAKES TO THE AIRCRAFT "AS-ISEXTENT EXPRESSLY SET FORTH IN ARTICLE 3 OR THE SPECIAL WARRANTY OF DEFENSIBLE TITLE IN THE INSTRUMENT OF CONVEYANCE, WHERE-IS"SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY REPRESENTATION, WARRANTY, STATEMENT, OR INFORMATION MADE OR COMMUNICATED (ORALLY OR IN WRITING) TO BUYER (INCLUDING ANY OPINION, INFORMATION, OR ADVICE THAT MAY HAVE MADEBEEN PROVIDED TO BUYER OR ITS AFFILIATES OR REPRESENTATIVES BY ANY RESPECTIVE AFFILIATE OR REPRESENTATIVE OF SELLER OR BY ANY INVESTMENT BANK OR INVESTMENT BANKING FIRM, ANY PETROLEUM ENGINEER OR ENGINEERING FIRM, SELLER’S COUNSEL, OR ANY OTHER AGENT, CONSULTANT, OR REPRESENTATIVE OF SELLER). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT AS AND TO THE EXTENT EXPRESSLY DISCLAIMSSET FORTH IN ARTICLE 3 OR THE SPECIAL WARRANTY OF DEFENSIBLE TITLE IN THE INSTRUMENT OF CONVEYANCE, SELLER EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATION OR WARRANTY, EXPRESS OR EXPRESS, IMPLIED, AT COMMON LAW, BY STATUTE, OR OTHERWISE, RELATING TO %3. THE TITLE TO ANY OF THE CONVEYED ASSETS, %3. THE CONDITION OF THE ASSETS (INCLUDING ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMITY TO MODELS OR SAMPLES OF MATERIALS), IT BEING DISTINCTLY UNDERSTOOD THAT THE CONVEYED ASSETS ARE BEING SOLD “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ALL MATTERS,” %3. ANY PARTICULAR PURPOSE INFRINGEMENT BY SELLER OF ANY ITEM PATENT OR PROPRIETARY RIGHT OF EQUIPMENT ANY THIRD PARTY, %3. ANY INFORMATION, DATA, OR ENGINE OTHER MATERIALS (WRITTEN OR AS ORAL) FURNISHED TO BUYER BY OR ON BEHALF OF SELLER (INCLUDING THE EXISTENCE OR EXTENT OF HYDROCARBONS OR THE MINERAL RESERVES), THE RECOVERABILITY OF SUCH RESERVES, ANY PRODUCT PRICING ASSUMPTIONS AND THE ABILITY TO SELL HYDROCARBON PRODUCTION AFTER THE CLOSING, %3. THE ENVIRONMENTAL CONDITION AND OTHER CONDITIONS OF THE CONVEYED ASSETS AND ANY POTENTIAL LIABILITY ARISING FROM OR RELATED TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO CONVEYED ASSETS; %3. THE INFRINGEMENT EXISTENCE OF ANY PATENTPROSPECT, TRADEMARK OR COPYRIGHTRECOMPLETION, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTINFILL, OR AS TO THE QUALITY STEP-OUT DRILLING OPPORTUNITIES, %3. ANY ESTIMATES OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM VALUE OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTASSETS.

Disclaimer. LESSOR LEASES SAVE AS EXPRESSLY PROVIDED IN CLAUSE 4 AND LESSEE TAKES SCHEDULE 3 HEREOF, THE AIRCRAFT "AS-ISSELLERS MAKE NO WARRANTIES, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION GUARANTEES OR WARRANTYREPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE AIRCRAFT OR ANY OF THEM. EACH PURCHASER HEREBY WAIVES RELEASES AND RENOUNCES ALL WARRANTIES, OBLIGATIONS AND LIABILITIES OF THE SELLERS INCLUDING BUT NOT LIMITED TO (1) ANY IMPLIED WARRANTY AS TO THE TITLEDESCRIPTION, AIRWORTHINESS, CONDITIONMERCHANTABILITY, FITNESS FOR ANY PURPOSE, VALUE, CONDITION, DESIGN, OPERATIONUSE OR OPERATION OF THE AIRCRAFT OR ANY PAST PERFORMANCE, MERCHANTABILITY COURSE OF DEALING, USAGE OR FITNESS TRADE OR OTHERWISE, (2) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT (INCLUDING STRICT LIABILITY), AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR USE LOSS OF OR DAMAGE TO THE AIRCRAFT, FOR LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO THE AIRCRAFT, FOR ANY LIABILITY OF ANY LESSEE TO ANY THIRD PARTY, FOR ANY LIABILITY OF THE PURCHASER TO ANY THIRD PARTY, OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTSDIRECT, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND ALL SUCH WARRANTIES, GUARANTEES, REPRESENTATIONS, OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR (IV) THE DELIVERY HEREUNDERREMEDIES, OPERATIONEXPRESS OR IMPLIED, SERVICINGSTATUTORY OR OTHERWISE, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS ARE EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTEXCLUDED.

Disclaimer. Except as provided above, LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT AIRSHIP HEREUNDER "AS-IS", "WHERE-IS"" AND LESSOR, AND LESSOR DOES NOT MAKE NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADEMADE OR TO MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATION REPRESENTATIONS OR WARRANTYWARRANTIES, EITHER EXPRESS OR IMPLIED, AS STATUTORY OR OTHERWISE, WITH RESPECT TO THE AIRSHIP, THE GONDOLA, THE ENVELOPE, ANY ENGINE, ANY PROPELLER, ANY PART, ANY SPARE EQUIPMENT OR ANY OTHER THING DELIVERED, LEASED, SOLD OR TRANSFERRED HEREUNDER INCLUDING WITHOUT LIMITATION (I) THE TITLE, AIRWORTHINESS, VALUE, CONDITION, VALUEDESIGN OR OPERATION OF, DESIGNOR THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN, OPERATIONOR TITLE TO, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLEDISCOVERABLE IN, AS TO THE AIRSHIP, THE GONDOLA, THE ENVELOPE, ANY ENGINE, ANY PROPELLER, ANY PART, ANY SPARE EQUIPMENT OR ANY OTHER THING DELIVERED, LEASED, SOLD OR TRANSFERRED HEREUNDER, (II) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR FOR A PARTICULAR PURPOSE, AGAINST INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO COPYRIGHT OR THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTLIKE, OR AS TO THE QUALITY ARISING FROM COURSE OF THE MATERIAL PERFORMANCE, COURSE OF DEALING OR WORKMANSHIP IN ANY ITEM USAGE OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETOTRADE, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT WITH RESPECT TO THE AIRSHIP, THE GONDOLA, THE ENVELOPE, ANY ENGINE, ANY PROPELLER, ANY PART, ANY SPARE EQUIPMENT OR ANY OTHER THING DELIVERED, LEASED, SOLD OR TRANSFERRED HEREUNDER, WHETHER OR NOT IN STRICT OR ABSOLUTE LIABILITY, OR ARISING FROM THE NEGLIGENCE OF SERVICELESSOR, ACTUAL OR IMPUTED, (IV) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF, OR DAMAGE TO, THE AIRSHIP, THE GONDOLA, THE ENVELOPE, ANY ENGINE, ANY PROPELLER, ANY PART, ANY SPARE EQUIPMENT OR ANY OTHER THING DELIVERED, LEASED, SOLD OR TRANSFERRED HEREUNDER, FOR ANY LOSS OF BUSINESS USE, REVENUE OR ANTICIPATED PROFITS PROFIT, OR SPECIALANY OTHER DIRECT, PUNITIVE INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; , OR (IVV) THE DELIVERY HEREUNDERANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, OPERATIONEXPRESS OR IMPLIED, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING WITH RESPECT TO THE SERVICINGAIRSHIP, MAINTENANCETHE GONDOLA, REPAIR THE ENVELOPE, ANY ENGINE, ANY PROPELLER, ANY PART, ANY SPARE EQUIPMENT OR IMPROVEMENT OF ANY SERVICED ENGINE OTHER THING DELIVERED, LEASED, SOLD OR SERVICED AIRCRAFTTRANSFERRED HEREUNDER. It is agreed that, as between Lessor and Lessee, all risks incident to the matters discussed in the preceding sentence are to be borne by Lessee. As and when any right of action shall arise against any Supplier of any part of the Airship or any Spare Equipment, Lessee shall be entitled unless and until a Default or Event of Default shall have occurred and be continuing, at its own expense, to exercise all rights of Lessor against such Supplier; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(aprovided, however, that (A) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTLessee shall not use Lessor's name without the prior written consent of Lessor, and (B) if as a result of any such action any monies are received from any Supplier as aforesaid, the same shall be paid (x) to the extent such monies are being used to repair or improve (to the extent permitted by Section 11(b)) the Airship or any part thereof or any Spare Equipment, to the Person performing such repairs (unless a Default has occurred and is continuing, in which event they shall be paid to Lessor) and (y) otherwise, to Lessor. Lessee shall preserve and protect Lessor's rights under any warranty, covenant or representation made by any Supplier with respect to the Airship or any Spare Equipment, and Lessee shall take no action which will impair such rights of Lessor and shall act solely in compliance with any restrictions or requirements prerequisite to the continued existence, enforcement, validity and maintenance of any such warranty, covenant or representation.

Disclaimer. LESSOR LEASES PURCHASER AND LESSEE TAKES THE AIRCRAFT "AS-ISSELLER AGREE THAT (A) EXCEPT AS SET FORTH IN ARTICLE III, WHERE-IS"NONE OF SELLER, AND LESSOR DOES NOT ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES MAKE NOR SHALL BE DEEMED TO OR HAVE MADE, AND EXPRESSLY DISCLAIMS, MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS AT LAW OR IN EQUITY, WITH RESPECT TO THE TITLECOMPANIES, AIRWORTHINESSTHE SHARES, CONDITIONTHE ASSETS OR THE BUSINESS, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON INCLUDING WITH RESPECT TO (I) MERCHANTABILITY OR FITNESS FOR ANY LIABILITYPARTICULAR PURPOSE, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OF THE BUSINESS BY PURCHASER AFTER THE CLOSING OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) THE PROBABLE SUCCESS OR PROFITABILITY OF THE COMPANIES OR THE BUSINESS AFTER THE CLOSING, AND (B) OTHER THAN THE INDEMNIFICATION OBLIGATIONS OF SELLER SET FORTH IN ARTICLE IX, NONE OF SELLER, ITS AFFILIATES, OR ANY INTERRUPTION OF SERVICETHEIR RESPECTIVE OFFICERS, LOSS OF BUSINESS DIRECTORS, EMPLOYEES OR ANTICIPATED PROFITS REPRESENTATIVES WILL HAVE OR SPECIALBE SUBJECT TO ANY LIABILITY OR INDEMNIFICATION OBLIGATION TO PURCHASER OR TO ANY OTHER PERSON RESULTING FROM THE DISTRIBUTION TO PURCHASER, PUNITIVE ITS AFFILIATES OR CONSEQUENTIAL DAMAGES; REPRESENTATIVES OF, OR (IV) THE DELIVERY HEREUNDERPURCHASER’S USE OF, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO INFORMATION RELATING TO THE SERVICINGCOMPANIES, MAINTENANCETHE BUSINESS OR THE ASSETS, REPAIR INCLUDING THE DESCRIPTIVE MEMORANDUM DATED JULY 2007 AND ANY INFORMATION, DOCUMENTS OR IMPROVEMENT OF ANY SERVICED ENGINE MATERIALS MADE AVAILABLE TO PURCHASER, WHETHER ORALLY OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL WRITING, IN ANY WAY LIMIT “DATA ROOM” (INCLUDING ANY “VIRTUAL DATA ROOM”), MANAGEMENT PRESENTATIONS, FUNCTIONAL “BREAK-OUT” DISCUSSIONS, RESPONSES TO QUESTIONS SUBMITTED ON BEHALF OF PURCHASER OR IN ANY OTHER FORM IN CONNECTION WITH THE RIGHTS OF LESSEE AGAINST TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. PURCHASER ACKNOWLEDGES AND AGREES THAT ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTSUCH OTHER REPRESENTATION OR WARRANTY IS HEREBY EXPRESSLY DISCLAIMED BY SELLER.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-Other than the express representations and warranties of Seller set forth in Section 5 and in any other Transfer Document, the Aircraft is being sold and assigned hereunder, “AS IS, WHERE-WHERE IS"” and BUYER ACKNOWLEDGES AND AGREES THAT NEITHER THE SELLER NOR ANY OF ITS AFFILIATES, AND LESSOR DOES NOT MAKE NOR SHALL OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR REPRESENTATIVES HAS MADE OR WILL BE DEEMED TO HAVE MADEMADE ANY TERM, CONDITION, REPRESENTATION, WARRANTY OR COVENANT EXPRESS OR IMPLIED (WHETHER STATUTORY OR OTHERWISE) AS TO, AND EXPRESSLY DISCLAIMSBUYER HEREBY WAIVES, RELEASES AND RENOUNCES ANY REPRESENTATION OR WARRANTYAND ALL WARRANTIES, OBLIGATIONS AND LIABILITIES, EXPRESS OR IMPLIEDIMPLIED (WHETHER STATUTORY OR OTHERWISE) WITH RESPECT TO, AS TO (a) THE TITLECAPACITY, AIRWORTHINESS, CONDITIONAGE, VALUE, QUALITY, DURABILITY, DESCRIPTION (EXCEPT AS TO SERIAL NUMBERS), CONDITION (WHETHER OF THE AIRCRAFT, ANY PART THEREOF OR ITS AIRCRAFT DOCUMENTS), DESIGN, WORKMANSHIP, MATERIALS, MANUFACTURE, CONSTRUCTION, OPERATION, MERCHANTABILITY OR DESCRIPTION, STATE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR USE OR FOR ANY PARTICULAR USE OR PURPOSE (INCLUDING THE ABILITY TO OPERATE OR REGISTER THE AIRCRAFT OR USE THE AIRCRAFT IN ANY OR ALL JURISDICTIONS) OR SUITABILITY OF THE AIRCRAFT, OR ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO PART THEREOF, (b) THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO KNOWN OR UNKNOWN, APPARENT OR CONCEALED, EXTERIOR OR INTERIOR, (c) THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK TRADEMARK, COPYRIGHT OR COPYRIGHTOTHER INTELLECTUAL PROPERTY RIGHTS, AS TO (d) ANY IMPLIED WARRANTY ARISING Purchase Agreement FROM THE ABSENCE COURSE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTPERFORMANCE, COURSE OF DEALING OR AS TO THE QUALITY USAGE OF THE MATERIAL TRADE OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR (e) ANY OTHER REPRESENTATIONS OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETOIMPLIED, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) THE AIRCRAFT OR ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY PART THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) ITS AIRCRAFT DOCUMENTS, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED, IT BEING UNDERSTOOD THAT NOTHING HEREIN WILL BE DEEMED TO LIMIT THE USE, OPERATION OR PERFORMANCE BUYER FROM AVAILING ITSELF OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICEWARRANTIES, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIALCOVENANTS, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT AND REPRESENTATIONS OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTMANUFACTURER.

Disclaimer. LESSOR LEASES EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE IV AND LESSEE TAKES THE AIRCRAFT "AS-TRANSACTION DOCUMENTS, THE BUYER ACKNOWLEDGES AND AGREES THAT THE TRANSFERRED ASSETS BEING TRANSFERRED HEREUNDER ARE BEING TRANSFERRED ON AN “AS IS, WHERE-WHERE IS"” BASIS “WITH ALL FAULTS,” AND IN THEIR THEN PRESENT CONDITION, AND LESSOR DOES NOT MAKE NOR THE BUYER SHALL BE DEEMED RELY UPON ITS OWN EXAMINATION THEREOF, AND NO SELLER, SOLD COMPANY OR SOLD SUBSIDIARY MAKES ANY GUARANTY OF QUALITY WITH RESPECT TO HAVE ANY OF THE TRANSFERRED ASSETS BEING SO TRANSFERRED, OR AS TO THE CONDITION OR WORKMANSHIP THEREOF OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR OBVIOUS. THE BUYER ACKNOWLEDGES AND AGREES THAT EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE IV AND THE TRANSACTION DOCUMENTS, NO SELLER, SOLD COMPANY OR SOLD SUBSIDIARY OR ANY OTHER PERSON MAKES, OR HAS MADE, AND EXPRESSLY DISCLAIMS, (A) ANY REPRESENTATION OR WARRANTYWARRANTY OR EXTENDS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS WRITTEN OR ORAL, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR VALIDITY OF PATENT RIGHTS OR CLAIMS, ISSUED OR PENDING, (B) ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL WITH RESPECT TO ANY FUTURE EVENTS, PROSPECTS, PROJECTIONS OR ESTIMATES WITH RESPECT TO THE TITLETRANSFERRED ASSETS, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY THE ASSUMED LIABILITIES OR FITNESS FOR USE THE BUSINESS OR FOR (C) ANY PARTICULAR PURPOSE REPRESENTATION OR WARRANTY OF ANY ITEM OF EQUIPMENT KIND, EXPRESS OR ENGINE IMPLIED, WRITTEN OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLEORAL, AS TO THE INFRINGEMENT ACCURACY OR COMPLETENESS OF ANY PATENTINFORMATION THAT ANY SELLER, TRADEMARK THE SOLD COMPANIES OR COPYRIGHT, AS SOLD SUBSIDIARIES FURNISHED OR MADE AVAILABLE TO THE ABSENCE BUYER AND ITS REPRESENTATIVES. THE BUYER ACKNOWLEDGES THAT THE BUYER IS FULLY FAMILIAR WITH THE TRANSFERRED ASSETS, THE SOLD COMPANIES, THE SOLD SUBSIDIARIES AND THE BUSINESS AND ACKNOWLEDGES THAT ANY PROJECTIONS OR PRO FORMA STATEMENTS ARE FOR ILLUSTRATION PURPOSES AND DO NOT FORM THE BASIS OF OBLIGATIONS BASED ANY LIABILITY OR A REPRESENTATION OR WARRANTY. THE BUYER IS NOT RELYING ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS THAN THOSE EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED SET FORTH IN THIS SECTION 4(a) SHALL AGREEMENT AND THE TRANSACTION DOCUMENTS. THE BUYER ALSO ACKNOWLEDGES THAT THE POTENTIAL LIABILITY OF THE SELLERS FOR ANY POTENTIAL BREACH OF SUCH REPRESENTATIONS AND WARRANTIES SET FORTH IN ANY WAY LIMIT ARTICLE IV IS LIMITED BY THE RIGHTS TERMS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTARTICLE XI AND ARTICLE XIII.

Disclaimer. LESSOR LEASES EACH PARTY AGREES AND LESSEE TAKES THE AIRCRAFT "AS-ISACKNOWLEDGES THAT EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, NEITHER PARTY MAKES ANY REPRESENTATION REPRESENTATIONS OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR EXTENDS ANY PARTICULAR PURPOSE WARRANTY OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTSKIND, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EITHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO(AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT), except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON INCLUDING WITH RESPECT TO (I) ANY LIABILITYPATENTS OR KNOW-HOW, LOSS INCLUDING WARRANTIES OF VALIDITY OR DAMAGE CAUSED ENFORCEABILITY OF ANY PATENTS, TITLE, QUALITY, COMPLETENESS, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR ALLEGED TO PURPOSE, PERFORMANCE, AND NONINFRINGEMENT OF ANY THIRD PARTY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE FOREGOING, EACH PARTY AGREES AND ACKNOWLEDGES THAT NEITHER PARTY MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE DEVELOPMENT, MANUFACTURE OR COMMERCIALIZATION OF LICENSED COMPOUND, LICENSED PRODUCT OR LICENSED DIAGNOSTIC PRODUCT WILL BE CAUSED DIRECTLY SUCCESSFUL, OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY THAT ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USEPARTICULAR RESULTS WILL BE ACHIEVED WITH RESPECT TO ANY LICENSED COMPOUND, OPERATION LICENSED PRODUCT OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY LICENSED DIAGNOSTIC PRODUCT HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENT.

Disclaimer. LESSOR LEASES AND LESSEE TAKES EXCEPT FOR THE AIRCRAFT "AS-ISEXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, WHERE-IS"NONE OF CORNERSTONE, AND LESSOR DOES NOT MAKE TARGACEPT, NOR SHALL BE DEEMED TO HAVE MADEANY OF THEIR RESPECTIVE AFFILIATES, AND EXPRESSLY DISCLAIMSOFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES MAKES OR HAS MADE ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS WRITTEN OR ORAL, AT LAW OR IN EQUITY, IN ANY FORM RELATING TO THE TITLEPARTIES, AIRWORTHINESSTHE TRANSACTIONS CONTEMPLATED HEREBY, CONDITIONTHE LICENSED PATENTS, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTLICENSED KNOW-HOW, OR AS TO THE QUALITY OF LICENSED PRODUCTS. ANY REPRESENTATION OR WARRANTY OTHER THAN THE MATERIAL OR WORKMANSHIP EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT IS HEREBY EXPRESSLY DISCLAIMED, INCLUDING ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) MERCHANTABILITY, NON-INFRINGEMENT, SUITABILITY OR FITNESS FOR ANY LIABILITY, LOSS PARTICULAR PURPOSE OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USEPROSPECTS (FINANCIAL OR OTHERWISE), OPERATION RISKS AND OTHER INCIDENTS OF THE LICENSED PRODUCTS. NO OFFICER, DIRECTOR, AGENT, EMPLOYEE, OR PERFORMANCE REPRESENTATIVE OF CORNERSTONE HAS ANY ITEM OF EQUIPMENT AUTHORITY, EXPRESS OR ENGINE IMPLIED, TO MAKE ANY REPRESENTATIONS OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED WARRANTIES NOT SPECIFICALLY SET FORTH IN THIS SECTION 4(a) SHALL IN AGREEMENT. TARGACEPT ACKNOWLEDGES THAT CORNERSTONE DOES HEREBY SPECIFICALLY DISCLAIM ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST SUCH OTHER REPRESENTATION OR WARRANTY MADE BY ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTPERSON.

Disclaimer. XXXXXX ACKNOWLEDGES THAT XXXXXX HAS NOT PARTICIPATED IN THE SELECTION OF THE EQUIPMENT AND THAT THE EQUIPMENT IS OF THE TYPE, DESIGN, SIZE, CAPACITY AND MANUFACTURE SELECTED BY LESSEE. LESSEE ACKNOWLEDGES THAT LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS"WILL NOT, AND HAS NO OBLIGATION TO, INSPECT THE EQUIPMENT AND THAT LESSOR DOES HAS NOT MADE AND WILL NOT MAKE NOR SHALL BE DEEMED ANY REPRESENTATION, WARRANTY OR COVENANT, EXPRESS OR IMPLIED ON WHICH LESSEE MAY RELY, WITH RESPECT TO HAVE MADETHE MERCHANTABILITY, AND EXPRESSLY DISCLAIMSFITNESS, SAFETY, CONDITION, QUALITY, DURABILITY OR SUITABILITY FOR LESSEE'S PURPOSES OF THE EQUIPMENT IN ANY REPRESENTATION RESPECT, THE EQUIPMENT'S COMPLIANCE WITH ANY LAW, RULE, SPECIFICATION OR WARRANTYCONTRACT PERTAINING THERETO, OR PATENT INFRINGEMENT, LATENT DEFECTS, OR ANY OTHER REPRESENTATION, WARRANTY OR COVENANT, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR . LESSEE FURTHER ACKNOWLEDGES THAT LESSOR IS NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTA MANUFACTURER OF, OR AS TO THE QUALITY MERCHANT OR DEALER IN, EQUIPMENT OF THE MATERIAL OR WORKMANSHIP IN SAME TYPE AS THE EQUIPMENT AND THAT LESSOR HAS NO DUTY TO ENFORCE ANY ITEM WARRANTIES ON BEHALF OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the ActLESSEE. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY BE LIABLE TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) FOR ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF THE EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN THEREIN, WHETHER DIRECT, INDIRECT, EXEMPLARY OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) PUNITIVE, WHETHER OR NOT LESSOR HAS BEEN ADVISED OF THE USE, OPERATION OR PERFORMANCE POSSIBILITY OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL SUCH DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENT.

Disclaimer. LESSOR LEASES SELLER MAKES NO REPRESENTATIONS OR WARRANTIES AND LESSEE TAKES SHALL NOT IN ANY WAY BE LIABLE FOR OR WITH RESPECT TO: (I) THE AIRCRAFT "AS-ISENVIRONMENTAL OR OTHER CONDITION OF THE PROPERTY OR ANY BUILDINGS, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION STRUCTURES OR WARRANTY, EXPRESS IMPROVEMENTS THEREON OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY SUITABILITY OF THE PROPERTY FOR HABITATION OR FITNESS FOR BUYER'S INTENDED USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITHUSE WHATSOEVER; (II) ANY APPLICABLE ENVIRONMENTAL, BUILDING, ZONING OR FIRE LAWS OR REGULATIONS, OR WITH RESPECT TO COMPLIANCE THEREWITH, OR WITH RESPECT TO THE USEEXISTENCE OF OR COMPLIANCE WITH ANY REQUIRED PERMITS OR APPROVALS, OPERATION OR PERFORMANCE IF ANY, OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETOGOVERNMENTAL AGENCY; (III) THE AVAILABILITY OR EXISTENCE OF ANY INTERRUPTION OF SERVICEWATER, LOSS OF BUSINESS SEWER OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESUTILITY RIGHTS; OR (IV) THE DELIVERY HEREUNDERAVAILABILITY OF WATER, OPERATIONSEWER OR OTHER UTILITIES; OR (V) ANY WATER, SERVICINGSEWER OR OTHER UTILITY DISTRICT. BUYER ASSUMES THE RESPONSIBILITY AND RISKS OF ALL DEFECTS AND CONDITIONS, MAINTENANCEINCLUDING SUCH DEFECTS AND CONDITIONS, REPAIR OR IMPROVEMENT OF IF ANY, THAT CANNOT BE OBSERVED BY CASUAL INSPECTION. BUYER ACKNOWLEDGES THAT BUYER IS PURCHASING THE PROPERTY "AS IS" AND WILL HAVE THE OPPORTUNITY TO INSPECT THE PROPERTY AND WILL BE RELYING ENTIRELY THEREON AND ON ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTCONSULTANTS BUYER MAY RETAIN.

Disclaimer. LESSOR LEASES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND LESSEE TAKES THE AIRCRAFT "ASSCHEDULES AND EXHIBITS HERETO AND IN ANY CERTIFICATE REQUIRED TO BE DELIVERED HEREUNDER, NEITHER THE COMPANY NOR THE SHAREHOLDER MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE SHARES, THE COMPANY, THE SUBSIDIARIES OR ANY OTHER MATTER, INCLUDING ANY REPRESENTATION OR WARRANTY AS TO WORKMANSHIP, PROFITABILITY, FUTURE PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR NON-IS, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, INFRINGEMENT OR ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLEACCURACY OR COMPLETENESS OF ANY INFORMATION, AIRWORTHINESSDOCUMENTS OR MATERIAL TRANSMITTED, CONDITIONPROVIDED OR MADE AVAILABLE TO PURCHASER OR ITS REPRESENTATIVES, VALUEINCLUDING IN ANY PHYSICAL OR ONLINE “DATA ROOMS” OR MANAGEMENT PRESENTATIONS, DESIGNINCLUDING ANY PROJECTION, OPERATIONFORECAST OR OTHER FORWARD-LOOKING INFORMATION AND ANY INFORMATION CONTAINED IN ANY INFORMATION MEMORANDUM. ALL OF SUCH ADDITIONAL REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED, MERCHANTABILITY AND THE COMPANY AND THE SHAREHOLDER EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RELATING TO OR FITNESS FOR RESULTING FROM THE USE OF ANY INFORMATION, DOCUMENTS OR MATERIAL DESCRIBED IN THE PREVIOUS SENTENCE, INCLUDING ANY MARKET ANALYSIS AND FINANCIAL PROJECTIONS THAT MAY BE CONTAINED THEREIN, OR FOR ANY PARTICULAR PURPOSE OF ERRORS THEREIN OR OMISSIONS THEREFROM, EXCEPT FOR FRAUD. NEITHER THE COMPANY NOR THE SHAREHOLDER IS MAKING ANY ITEM OF EQUIPMENT REPRESENTATION AND WARRANTY, EXPRESS OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLEIMPLIED, AS TO THE INFRINGEMENT CLASSIFICATION OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY REAL PROPERTY LEASE OF THE MATERIAL COMPANY AS A CAPITAL LEASE OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR AN OPERATING LEASE UNDER ANY LONG-TERM AGREEMENTGAAP.

Disclaimer. LESSEE AGREES THAT: (1) LESSOR LEASES AND LESSEE TAKES IS NOT THE AIRCRAFT "AS-IS, WHERE-IS"MANUFACTURER OR SUPPLIER OF THE EQUIPMENT OR SOFTWARE (IF ANY) OR THE REPRESENTATIVE OF EITHER; (2) LESSOR IS NOT REQUIRED TO ENFORCE ANY MANUFACTURERS WARRANTIES ON BEHALF OF ITSELF OR OF LESSEE; (3) LESSOR IS NOT OBLIGATED TO INSPECT THE EQUIPMENT OR SOFTWARE; (4) LESSOR DOES NOT MAKE, AND HAS NOT MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE DESIGN, COMPLIANCE WITH SPECIFICATIONS, OPERATION OR CONDITION OF, OR AS TO THE QUALITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP OR SOFTWARE; (5) LESSOR DOES NOT MAKE NOR SHALL BE DEEMED ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF, OR AS TO HAVE MADETITLE TO, AND EXPRESSLY DISCLAIMS, OR ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS WITH RESPECT TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY EQUIPMENT OR FITNESS FOR USE OR SOFTWARE. LESSEE FURTHER AGREES THAT LESSOR SHALL NOT BE LIABLE FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF LIABILITY, LOSS OR DAMAGE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR ENGINE SOFTWARE OR AS TO THE ABSENCE OF LATENT BY ITS INADEQUACY OR OTHER DEFECTSBY ANY EQUIPMENT OR SOFTWARE DEFECT, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY LESSOR HAS BEEN ADVISED OF THE MATERIAL POSSIBILITY OF SUCH LIABILITY, LOSS OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the ActDAMAGE. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO ANY OF THE FOLLOWING, REGARDLESS OF ANY NEGLIGENCE OF LESSOR.- (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II1) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF THE EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETOSOFTWARE; (III2) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR LOSS OF GOODWILL OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESDAMAGES OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND WHICH ARE ATTRIBUTABLE TO THE EQUIPMENT OR SOFTWARE; OR (IV3) THE DELIVERY HEREUNDER, OPERATIONDELIVERY, SERVICING, MAINTENANCE, REPAIR REPAIR, IMPROVEMENT OR IMPROVEMENT REPLACEMENT OF ANY ITEM OF THE EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTSOFTWARE.

Disclaimer. LESSOR LEASES YOUR USE OF THE EXTENSION (OR ANY PART OF IT) AND LESSEE TAKES THE AIRCRAFT "AS-BEING A MEMBER IS “AS IS” AND ON AN “AS AVAILABLE” BASIS, WHERE-IS"AT YOUR OWN RISK, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, WITHOUT ANY REPRESENTATION OR WARRANTYENDORSEMENT OF ANY KIND BY MOVEMBER CANADA, ITS LICENSORS, PROVIDERS OR AFFILIATES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE AND OUR LICENSORS, PROVIDERS AND AFFILIATES DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND EXPRESS OR IMPLIED, AS . TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE SHALL NOT BE LIABLE TO YOU OR FITNESS FOR USE OR TO ANYONE ELSE FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED IN WHOLE OR ALLEGED TO BE CAUSED DIRECTLY IN PART BY RELYING UPON, USING, OR INDIRECTLY BY ANY ITEM INTERPRETING THE CONTENT OR OTHER INFORMATION OBTAINED THROUGH THE ACCESS AND/OR USE OF EQUIPMENT THE EXTENSION. FOR THE AVOIDANCE OF DOUBT, WE MAKE NO UNDERTAKING, REPRESENTATION OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES WARRANTY: (I) IN CONNECTION THEREWITHWITH THE COMPLETENESS OR ACCURACY, RELIABILITY OR TIMELINESS OF ANY OF THE CONTENT ON OR AVAILABLE THROUGH THE EXTENSION; AND/OR (II) THAT THE USEEXTENSION OR THE SERVER(S) IT IS HOSTED ON IS FREE FROM DEFECTS, ERRORS, VIRUSES, BUGS OR OTHER HARMFUL ELEMENTS. THE OPERATION OF THE EXTENSION MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND OUR CONTROL. THE OPERATION OF THE EXTENSION MAY NOT BE CONTINUOUS OR PERFORMANCE OF ANY ITEM OF EQUIPMENT UNINTERRUPTED OR ENGINE OR ANY SECURE. SECURITY, PRIVACY AND CONFIDENTIALITY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTCANNOT BE ELIMINATED.

Disclaimer. LESSOR LEASES IBR ACKNOWLEDGES THAT COMPANY MAKES NO CLAIMS REGARDING THE ACCEPTABILITY, SUITABILITY, AVAILABILITY OR PERFORMANCE OF THE LICENSED MATERIALS. ALL SUCH LICENSED MATERIALS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS"“WITH ALL FAULTS” BASIS, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADEWITHOUT WARRANTIES OF ANY KIND, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, AIRWORTHINESSMERCHANTABILITY, CONDITIONNON-INFRINGEMENT, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE A PARTICULAR PURPOSE. IN NO EVENT SHALL COMPANY BE REQUIRED TO UPDATE, MODIFY, ENHANCE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR OTHERWISE PROVIDE ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON ADDITIONAL INFORMATION WITH RESPECT TO (I) THE LICENSED MATERIALS EXCEPT AS SPECIFICALLY AGREED WITH RESPECT TO THE AUTOMATED SOP. NEITHER COMPANY NOR ITS OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES WARRANT THAT THE LICENSED MATERIALS WILL BE SUITABLE, NON-INFRINGING, ACCURATE, COMPLETE, CONSISTENT WITH INDUSTRY PRACTICE OR STANDARDS, USEFUL, FUNCTIONAL, SECURE, ERROR-FREE OR IN COMPLIANCE WITH ANY LIABILITYLAW, LOSS RULE, REGULATION OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE STANDARDS OF ANY ITEM GOVERNMENTAL BODY, INCLUDING, WITHOUT LIMITATION, THOSE OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTFDA.

Disclaimer. LESSOR LEASES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES (AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EACH PARTY EXPRESSLY DISCLAIMS) ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED STATUTORY OR OTHERWISE, INCLUDING ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY A PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS WARRANTIES THAT MAY ARISE FROM A COURSE OF PERFORMANCE, COURSE OF DEALING OR IMPLIED REPRESENTATION USAGE OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON TRADE WITH RESPECT TO ANY INTELLECTUAL PROPERTY RIGHTS, TECHNOLOGY OR CONFIDENTIAL INFORMATION OF A PARTY OR ANY LICENSE GRANTED BY A PARTY UNDER THIS AGREEMENT. IN PARTICULAR, THE PARTIES AGREE AND EXPLICITLY CONFIRM THAT NONE OF THE REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT SHALL BE CONSTRUED AS A GUARANTEE BY A PARTY WITHIN THE MEANING OF SEC. 433 AND 444 GERMAN CIVIL CODE (IBÜRGERLICHES GESETZBUCH, “BGB”) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES (GARANTIE FÜR DIE BESCHAFFENHEIT DER SACHE). IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE EVENT OF ANY ITEM OF EQUIPMENT REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT BEING INCORRECT IN WHOLE OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) IN PART THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT PROVISIONS SET FORTH IN THIS AGREEMENT SHALL APPLY INSTEAD AND TO THE EXCLUSION OF ANY ITEM AND ALL REMEDIES THAT WOULD OTHERWISE BE AVAILABLE TO A PARTY UNDER THE LAW IN THE EVENT OF EQUIPMENT A BREACH, EXCEPT IN CASE OF FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. ANY FURTHER LIABILITY OF THE BREACHING PARTY AND OF THE BREACHING PARTY'S REPRESENTATIVES, AGENTS AND/OR ADVISORS AND ANY DIFFERING OR FURTHER RIGHTS OR CLAIMS OF THE NON-BREACHING PARTY EXCEPT AS EXPRESSLY OTHERWISE EXPLICITLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED FOR IN THIS SECTION 4(aAGREEMENT OR IN CASE OF FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, IRRESPECTIVE OF THEIR NATURE OR LEGAL BASIS, INCLUDING ANY RIGHT TO RESCIND (ANFECHTEN) SHALL IN ANY WAY LIMIT THE RIGHTS OR TO WITHDRAW FROM (ZURÜCKTRETEN) THIS AGREEMENT, TO CLAIM REMEDIATION (NACHERFÜLLUNG), TO REDUCE PRICES UNDER THIS AGREEMENT AND/OR TO CLAIM DAMAGES (SCHADENSERSATZ) OR REIMBURSEMENT OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTFUTILE EXPENDITURE (ERSATZ VERGEBLICHER AUFWENDUNGEN) ARE HEREBY EXPRESSLY EXCLUDED AND WAIVED.

Disclaimer. LESSOR LEASES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND LESSEE TAKES EXCEPT FOR THE AIRCRAFT "AS-ISABOVE LIMITED WARRANTY, WHERE-IS"THE SOFTWARE, SAAS OFFERING, SUPPORT AND MAINTENANCE SERVICES, AND LESSOR DOES PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND IVANTI AND ITS LICENSORS MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMSLIMITED TO, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESSWARRANTIES OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, VALUE, DESIGNACCURACY OR QUALITY OF DATA, OPERATIONAS WELL AS ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, OR FITNESS THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. IVANTI CANNOT GUARANTEE AND DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE OR PROVISION OF THE SAAS OFFERING WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS CAN BE CORRECTED. THE SOFTWARE AND SAAS OFFERING ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR FOR DISTRIBUTION WITH ANY PARTICULAR PURPOSE EQUIPMENT, THE FAILURE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS WHICH COULD LEAD DIRECTLY TO THE ABSENCE OF LATENT OR OTHER DEFECTSDEATH, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTPERSONAL INJURY, OR AS TO THE QUALITY OF THE MATERIAL SEVERE PHYSICAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTENVIRONMENTAL DAMAGE.

Disclaimer. LESSOR LEASES EXCEPT AS OTHERWISE PROVIDED HEREIN THE INTELLECTUAL PROPERTY RIGHTS LICENSED HEREUNDER ARE PROVIDED BY ROCHE "AS IS WHERE IS" AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS"ROCHE MAKES NO, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, DISCLAIMS ALL WARRANTIES AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTYREPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE TITLECONCERNING: (a) LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT, AIRWORTHINESSINCLUDING WITHOUT LIMITATION, CONDITION, VALUE, ANY EXPRESS OR IMPLIED WARRANTY OF DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY A PARTICULAR PURPOSE AS TO LICENSED INTELLECTUAL PROPERTY RIGHTS OR ANY SERVICE; (b) THE COMMERCIAL SUCCESS OF ANY ITEM LICENSED SERVICE; (c) THE EXISTENCE, VALIDITY OR SCOPE OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT LICENSED INTELLECTUAL PROPERTY RIGHTS; (d) ANY LICENSED SERVICE BEING FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER DEFECTSINTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; (e) WHETHER ANY THIRD PARTIES ARE IN ANY WAY INFRINGING LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT; OR (f) THE ACCURACY, WHETHER UTILITY OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT SUFFICIENCY OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TECHNICAL INFORMATION TRANSFERRED TO IGEN HEREUNDER. THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS PARTIES SPECIFICALLY AGREE THAT NEITHER PARTY SHALL BE SUBJECT TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR AND THAT EACH DISCLAIMS: (A) ANY OTHER EXPRESS OBLIGATIONS OR IMPLIED REPRESENTATION OR WARRANTY LIABILITIES ARISING OUT OF BREACH OF WARRANTY, AND (B) ALL CONSEQUENTIAL, INCIDENTAL, CONTINGENT, PUNITIVE AND EXEMPLARY DAMAGES WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (Ii) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) DISPUTES BETWEEN THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; PARTIES UNDER THIS AGREEMENT OR (IVii) CLAIMS MADE BY ONE PARTY AGAINST ANOTHER PARTY ARISING FROM THE DELIVERY COURSE OF CONDUCT WITHIN THE RELATIONSHIP OF THE PARTIES UNDER THIS AGREEMENT (WHETHER SUCH CLAIMS ARISE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN THOUGH A PARTY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES IN CLAUSE (B) ABOVE SHALL NOT APPLY TO DAMAGES PAID TO UNRELATED THIRD PARTIES (WHETHER PURSUANT TO JUDGMENT OR SETTLEMENT) FOR WHICH A PARTY HAS AN OBLIGATION TO INDEMNIFY THE OTHER PARTY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENT.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "ASTo the extent permitted by applicable law, and except as expressly stated in this Agreement, CALL-ISONE® MAKES NO REPRESENTATIONS, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION WARRANTIES OR WARRANTYCONDITIONS, EXPRESS OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS OF THE SERVICE OR HARDWARE FOR A PARTICULAR PURPOSE, TITLE OR NON- INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, CALL-ONE® PROVIDES NO WARRANTY OR CONDITION THAT THE SERVICE OR HARDWARE WILL PERFORM OR OPERATE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DENIAL OF SERVICE (DOS) ATTACKS, RISK OF TOLL FRAUD, SPIT (SPAM OVER INTERNET TELEPHONY), VOIP PHISHING, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER CALL-ONE®, ITS AFFILIATES NOR ANY OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY CALL-ONE® OR FITNESS FOR USE CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTUNAUTHORIZED ACCESS TO, OR AS TO THE QUALITY OF THE MATERIAL ALTERATION, THEFT OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR ENGINE INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR ANY OTHER EXPRESS METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF CALL-ONE®’S NEGLIGENT STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR IMPLIED REPRESENTATION HARDWARE, IF ANY, BY CALL- ONE® OR CALL-ONE®’S AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE CONDITION OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTKIND.

Disclaimer. LESSOR LEASES (a) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, EXCEPT AS AND LESSEE TAKES TO THE AIRCRAFT "AS-ISEXTENT EXPRESSLY SET FORTH IN ARTICLE 3 OR THE SPECIAL WARRANTY OF DEFENSIBLE TITLE IN THE INSTRUMENT OF CONVEYANCE, WHERE-IS"SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY REPRESENTATION, WARRANTY, STATEMENT, OR INFORMATION MADE OR COMMUNICATED (ORALLY OR IN WRITING) TO BUYER (INCLUDING ANY OPINION, INFORMATION, OR ADVICE THAT MAY HAVE MADEBEEN PROVIDED TO BUYER OR ITS AFFILIATES OR REPRESENTATIVES BY ANY RESPECTIVE AFFILIATE OR REPRESENTATIVE OF SELLER OR BY ANY INVESTMENT BANK OR INVESTMENT BANKING FIRM, ANY PETROLEUM ENGINEER OR ENGINEERING FIRM, SELLER’S COUNSEL, OR ANY OTHER AGENT, CONSULTANT, OR REPRESENTATIVE OF SELLER). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT AS AND TO THE EXTENT EXPRESSLY DISCLAIMSSET FORTH IN ARTICLE 3 OR THE SPECIAL WARRANTY OF DEFENSIBLE TITLE IN THE INSTRUMENT OF CONVEYANCE, SELLER EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATION OR WARRANTY, EXPRESS OR EXPRESS, IMPLIED, AT COMMON LAW, BY STATUTE, OR OTHERWISE, RELATING TO %3. THE TITLE TO ANY OF THE CONVEYED ASSETS, %3. THE CONDITION OF THE PROPERTIES (INCLUDING ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMITY TO MODELS OR SAMPLES OF MATERIALS), IT BEING DISTINCTLY UNDERSTOOD THAT THE CONVEYED ASSETS ARE BEING SOLD “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ALL MATTERS,” %3. ANY PARTICULAR PURPOSE INFRINGEMENT BY SELLER OF ANY ITEM PATENT OR PROPRIETARY RIGHT OF EQUIPMENT ANY THIRD PARTY, %3. ANY INFORMATION, DATA, OR ENGINE OTHER MATERIALS (WRITTEN OR AS ORAL) FURNISHED TO BUYER BY OR ON BEHALF OF SELLER (INCLUDING THE EXISTENCE OR EXTENT OF HYDROCARBONS OR THE MINERAL RESERVES), THE RECOVERABILITY OF SUCH RESERVES, ANY PRODUCT PRICING ASSUMPTIONS AND THE ABILITY TO SELL HYDROCARBON PRODUCTION AFTER THE CLOSING, %3. THE ENVIRONMENTAL CONDITION AND OTHER CONDITIONS OF THE PROPERTIES AND ANY POTENTIAL LIABILITY ARISING FROM OR RELATED TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO CONVEYED ASSETS; %3. THE INFRINGEMENT EXISTENCE OF ANY PATENTPROSPECT, TRADEMARK OR COPYRIGHTRECOMPLETION, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTINFILL, OR AS TO THE QUALITY STEP-OUT DRILLING OPPORTUNITIES, %3. ANY ESTIMATES OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM VALUE OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTCONVEYED ASSETS.

Disclaimer. LESSOR LEASES EXCEPT FOR THE EXPRESS REPRESENTATIONS AND LESSEE TAKES WARRANTIES SET FORTH IN SECTION 5.1 AND TO THE AIRCRAFT "AS-ISMAXIMUM EXTENT PERMITTED BY LAW NO PARTY HERETO MAKES ANY OTHER REPRESENTATIONS OR WARRANTIES UNDER THIS LICENSE AGREEMENT, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING ANY TECHNOLOGY, PATENTS AND OTHER INTELLECTUAL PROPERTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE AGREEMENT AND TO THE TITLEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIRWORTHINESSEACH PARTY EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, CONDITIONEXPRESS OR IMPLIED, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, THIS LICENSE AGREEMENT DOES NOT AND SHALL NOT BE INTERPRETED OR CONSTRUED TO INCLUDE: (a) ANY ITEM OF EQUIPMENT WARRANTY OR ENGINE OR REPRESENTATION AS TO THE ABSENCE VALIDITY, ENFORCEABILITY, OR SCOPE OF LATENT ANY PATENT; (b) ANY WARRANTY OR REPRESENTATION THAT EXPLOITATION OF ANY TECHNOLOGY OR THE MANUFACTURE, SALE, USE OR OTHER DEFECTSDISPOSITION OF ANY PRODUCT OR SERVICE IN CONNECTION WITH ANY PATENT IS OR SHALL BE FREE FROM INFRINGEMENT OF PATENTS OR OTHER INTANGIBLE RIGHTS; (c) ANY REQUIREMENT TO FILE ANY PATENT APPLICATION, WHETHER OR NOT DISCOVERABLE, AS SECURE OR MAINTAIN ANY PATENT; OR (d) ANY OBLIGATION TO THE BRING OR PROSECUTE ANY ACTION FOR INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENT.

Disclaimer. LESSOR LEASES SUBJECT TO SECTION 6 ABOVE, VERIZON AND LESSEE TAKES ITS APPLICABLE AFFILIATES, LICENSORS AND SUPPLIERS PROVIDE SYSTEMS, EQUIPMENT, SOFTWARE, SERVICES AND DOCUMENTATION “AS IS” AND DISCLAIM ALL REPRESENTATIONS OR WARRANTIES TO THE AIRCRAFT "ASFULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-ISINFRINGEMENT, WHEREANY WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, DEALING, OR USAGE OF TRADE, OR THAT THE EQUIPMENT, SOFTWARE, SYSTEMS, SERVICES OR DOCUMENTATION SHALL BE ERROR-IS"FREE, AND LESSOR OPERABLE WITHOUT PROBLEMS OR INTERRUPTIONS, COMPLETELY SECURE, MEET ANY CUSTOMER REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES. VERIZON SHALL NOT BE RESPONSIBLE FOR SOFTWARE, FIRMWARE, INFORMATION OR DATA CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY EQUIPMENT OR SYSTEMS RETURNED TO VERIZON (FOR REPAIR OR OTHERWISE), WHETHER UNDER WARRANTY OR NOT, OR OTHERWISE PROVIDED TO VERIZON. ADDITIONALLY, OTHER THAN AS SET FORTH IN THE DOCUMENTATION, VERIZON DOES NOT MAKE NOR SHALL BE DEEMED WARRANT COMPATIBILITY BETWEEN THE EQUIPMENT AND/OR SOFTWARE AND ANY FUTURE VERSIONS OF EITHER. IT IS CUSTOMER’S OBLIGATION TO HAVE MADETAKE ALL REASONABLE SECURITY MEASURES TO PROTECT ANY EQUIPMENT, AND EXPRESSLY DISCLAIMSSOFTWARE, ANY REPRESENTATION AND/OR WARRANTY, EXPRESS SYSTEMS OWNED OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY LICENSED BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTCUSTOMER.

Disclaimer. LESSOR LEASES EXCEPT FOR THE SPECIFIC REPRESENTATIONS AND LESSEE TAKES WARRANTIES MADE BY SELLER IN ARTICLE III AND BY THE AIRCRAFT "AS-ISCOMPANY IN ARTICLE IV OF THIS AGREEMENT, WHERE-IS"BUYER AND ISSUER HEREBY REPRESENT, WARRANT AND LESSOR DOES NOT MAKE AGREE THAT NEITHER THE COMPANY, SELLER NOR SHALL BE DEEMED TO HAVE MADEANY OF THEIR AGENTS IS MAKING ANY PROMISE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS EXPRESS, STATUTORY, OR IMPLIED, AS AT LAW OR IN EQUITY, IN RESPECT OF (I) THE COMPANY, (II) TITLE OF THE COMPANY IN AND TO THE TITLEPROPERTIES, AIRWORTHINESS(III) THE CONDITION OF THE PROPERTIES, CONDITION(IV) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY OF THE PROPERTIES, VALUEANY IMPLIED OR EXPRESS WARRANTY OF THE FITNESS OF THE PROPERTIES FOR A PARTICULAR PURPOSE, DESIGN(VI) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, OPERATION(VII) ANY AND ALL OTHER IMPLIED WARRANTIES EXISTING UNDER APPLICABLE LAW NOW OR HEREAFTER IN EFFECT, MERCHANTABILITY OR FITNESS (VIII) ANY IMPLIED OR EXPRESS WARRANTY REGARDING COMPLIANCE WITH ANY APPLICABLE ENVIRONMENTAL LAWS, THE RELEASE OF MATERIALS INTO THE ENVIRONMENT, OR PROTECTION OF THE ENVIRONMENT OR HEALTH. BUYER AND ISSUER HEREBY REPRESENT, WARRANT AND AGREE THAT BUYER AND ISSUER ARE EXPRESSLY NOT RELYING ON ANY STATEMENT, REPRESENTATION OR PROMISE OF THE SELLER, THE COMPANY OR THEIR AGENTS EXCEPT FOR USE OR FOR ANY PARTICULAR PURPOSE THE SPECIFIC REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN ARTICLE III AND BY THE COMPANY IN ARTICLE IV OF ANY ITEM THIS AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IN PURCHASING THE INTERESTS BUYER AND ISSUER ACCEPT THE PROPERTIES “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS” AND IN THEIR PRESENT CONDITION AND STATE OF EQUIPMENT OR ENGINE OR AS REPAIR, SUBJECT ONLY TO THE ABSENCE OF LATENT OR OTHER DEFECTSSPECIFIC REPRESENTATIONS AND WARRANTIES SET FORTH IN ARTICLE III AND ARTICLE IV, WHETHER OR NOT DISCOVERABLE, EACH AS TO FURTHER LIMITED BY THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO SPECIFICALLY BARGAINED-FOR LIMITATIONS ON REMEDIES SET FORTH IN SECTION 13.2 AND SECTION 17.11. WITHOUT LIMITING THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY GENERALITY OF THE MATERIAL OR WORKMANSHIP FOREGOING, EXCEPT AS SET FORTH IN THIS AGREEMENT, NEITHER SELLER, COMPANY NOR THEIR AGENTS MAKES ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED PROMISE, REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETOAS TO (A) THE PHYSICAL, except for the representations of Lessor set forth in Section 4(e) belowOPERATING, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereofREGULATORY COMPLIANCE, SAFETY, OR ENVIRONMENTAL CONDITION OF THE PROPERTIES, (iiB) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE THE CONDITION OF THE PROPERTIES OR ANY OTHER PERSON WITH RESPECT VALUE THEREOF, OR (C) THE ACCURACY, COMPLETENESS, OR MATERIALITY OF ANY DATA, INFORMATION, OR RECORDS FURNISHED OR MADE AVAILABLE TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES BUYER AND ISSUER IN CONNECTION THEREWITH; (II) WITH ITS REVIEW OF THE USECOMPANY OR THE PROPERTIES OR OTHERWISE IN CONNECTION WITH THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. BUYER AND ISSUER EACH SPECIFICALLY REPRESENT AND WARRANT THAT IT IS NOT RELYING UPON OR HAS NOT RELIED UPON ANY SUCH REPRESENTATIONS AND WARRANTIES OF SELLER, OPERATION COMPANY OR PERFORMANCE THEIR AGENTS EXCEPT FOR THE SPECIFIC REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN ARTICLE III AND BY THE COMPANY IN ARTICLE IV OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. THE PROVISIONS OF EXHIBIT E HERETO RELATING THIS SECTION 5.1, TOGETHER WITH THE LIMITED REMEDIES PROVIDED IN SECTION 13.2 AND SECTION 17.11, WERE SPECIFICALLY BARGAINED FOR BETWEEN BUYER, ISSUER, THE COMPANY AND SELLER AND WERE TAKEN INTO ACCOUNT BY BUYER, ISSUER, THE COMPANY AND SELLER IN ARRIVING AT THE PURCHASE PRICE. BUYER AND ISSUER ACKNOWLEDGE AND AGREE TO THE SERVICINGFOREGOING AND AGREE, MAINTENANCEREPRESENT AND WARRANT THAT THE FOREGOING DISCLAIMER IS “CONSPICUOUS,” IS THE RESULT OF ARM’S-LENGTH NEGOTIATION, REPAIR OR IMPROVEMENT THAT BUYER AND ISSUER ARE SOPHISTICATED AND KNOWLEDGEABLE ABOUT BUSINESS MATTERS AND WERE REPRESENTED BY COUNSEL, THIS DISCLAIMER IS NOT BOILERPLATE AND THAT THIS DISCLAIMER IS TO BE A CLEAR, UNEQUIVOCAL AND EFFECTIVE DISCLAIMER OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR RELIANCE UNDER ANY LONG-TERM AGREEMENTTEXAS LAW.

Disclaimer. LESSOR LEASES Except for Seller’s express representations and warranties under this Agreement (or any document, affidavit or certificate executed or delivered in connection herewith) (collectively, the “Express Representations”), Seller hereby specifically disclaims any warranty, guaranty, or representation, oral or written; past, present or future, of, as to, or concerning (i) the nature and condition of the Property, including but not by way of limitation, the water, soil, geology and the suitability thereof, for any and all activities and uses which Purchaser may elect to conduct thereon, income to be derived therefrom or expenses to be incurred with respect thereto, or any obligations or any other matter or thing relating to or affecting the same; (ii) the manner of construction and condition and state of repair or lack of repair of any improvements located thereon; (iii) the nature and extent of any easement, right-of-way, lien, encumbrance or license reservation; and (iv) the compliance of the Property or the operation of the Property with any laws, rules, ordinances, or regulations of any government or other body. EXCEPT FOR THE EXPRESS REPRESENTATIONS, IN CONNECTION WITH THE CONVEYANCE OF THE PROPERTY AS PROVIDED FOR HEREIN, SELLER HAS NOT MADE AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMSMAKE, ANY REPRESENTATION REPRESENTATIONS, WARRANTIES OR WARRANTYCOVENANTS OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AS WITH RESPECT TO THE TITLEQUALITY OR CONDITION OF THE PROPERTY, AIRWORTHINESSTHE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT THEREON, CONDITIONCOMPLIANCE BY THE PROPERTY WITH ANY LAWS, VALUERULES, DESIGN, OPERATIONORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR HABITABILITY, MERCHANTABILITY OR FITNESS FOR USE A PARTICULAR PURPOSE, AND SPECIFICALLY, EXCEPT FOR THE EXPRESS REPRESENTATIONS, SELLER DOES NOT MAKE ANY REPRESENTATIONS REGARDING HAZARDOUS WASTE, AS DEFINED BY THE LAWS OF THE STATE IN WHICH THE HOTEL IS LOCATED AND ANY REGULATIONS ADOPTED PURSUANT THERETO OR FOR ANY PARTICULAR PURPOSE THE U. S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., PART 261, OR THE DISPOSAL OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE HAZARDOUS WASTE OR ANY OTHER EXPRESS HAZARDOUS OR IMPLIED REPRESENTATION TOXIC SUBSTANCES IN OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except ON THE PROPERTY. Except for the representations of Lessor set forth in Section 4(e) belowExpress Representations, and that Lessor represents that (i) it has good title Purchaser agrees to accept the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance Property at closing with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee Property being in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON its present AS IS condition WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTALL FAULTS.

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR LIABLE FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO INDIRECT DAMAGES SUFFERED BY THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT ARISING FROM OR RELATED TO (I) THIS AGREEMENT OR ANY LIABILITYSERVICES OR ACTIVITIES HEREUNDER, LOSS REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DAMAGE CAUSED THEY WERE OTHERWISE FORESEEABLE. EACH PARTY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. NEITHER PARTY WILL HAVE ANY LIABILITY FOR MEDICAL OR ALLEGED OTHER DECISIONS MADE BY THE OTHER PARTY, THE OTHER PARTY’S AFFILIATES, OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO BE CAUSED DIRECTLY ORDERING PROVIDERS, ON THE BASIS OF THE TEST RESULTS OR INDIRECTLY REPORTS OR OTHER DELIVERABLES PROVIDED BY PERSONALIS AND NEITHER PARTY WILL HAVE ANY ITEM LIABILITY TO THE OTHER PARTY OR THE OTHER PARTY’S AFFILIATES ARISING IN ANY WAY FROM THE OTHER PARTY’S USE OR EXPLOITATION OF EQUIPMENT ITS OWN BACKGROUND INTELLECTUAL PROPERTY. EACH PARTY’S TOTAL AND CUMULATIVE LIABILITY ARISING UNDER OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (II) INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL IN NO EVENT EXCEED [***]. THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED LIMITATIONS SET FORTH IN THIS SECTION 4(aAPPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. HOWEVER, THE LIMITATIONS SET FORTH IN THIS SECTION DO NOT APPLY TO EITHER PARTY’S PAYMENT OR INDEMNIFICATION OBLIGATIONS, OR BREACH OF SECTION 4 UNDER THIS AGREEMENT OR BREACH OF INTELLECTUAL PROPERTY RIGHTS SET FORTH ELSEWHERE IN THE AGREEMENT INCLUDING IN ANY EXHIBIT, OR INTENTIONAL MISCONDUCT. MOREOVER, ANY CLAIM, LIABILITY, DAMAGE, BREACH, OR VIOLATION THAT IS DIRECTLY RELATED TO THE MARKET DEVELOPMENT FEES (AS DEFINED ON EXHIBIT A) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTNOT EXCEED [***].

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-ISEXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS ARTICLE 6, WHERE-IS"NEITHER PARTY MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KIND, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE TITLEINCLUDING WARRANTIES OF MERCHANTABILITY, AIRWORTHINESSQUALITY, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE A PARTICULAR PURPOSE, NONINFRINGEMENT, OR FOR VALIDITY OF PATENT CLAIMS. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY EITHER PARTY THAT EITHER PARTY WILL BE SUCCESSFUL IN OBTAINING ANY PARTICULAR PURPOSE OF PATENT RIGHTS, OR THAT ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS PATENTS WILL ISSUE BASED ON STRICT LIABILITY IN TORT, OR AS TO A PENDING APPLICATION. WITHOUT LIMITING THE QUALITY RESPECTIVE RIGHTS AND OBLIGATIONS OF THE MATERIAL PARTIES EXPRESSLY SET FORTH HEREIN, EACH PARTY SPECIFICALLY DISCLAIMS ANY GUARANTEE THAT THE LICENSED PRODUCTS WILL BE SUCCESSFUL, IN WHOLE OR WORKMANSHIP IN PART. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ANY ITEM OF EQUIPMENT INVENTORY OR ENGINE OR TANGIBLE MATERIALS PROVIDED BY TAKEDA HEREUNDER ARE PROVIDED AS-IS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TAKEDA DISCLAIMS ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO THE LICENSED TECHNOLOGY, THE INVENTION(S) CLAIMED IN THE LICENSED PATENTS OR WITH RESPECT TO THE LICENSED PATENTS THEMSELVES, INCLUDING BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES ABOUT (I) THE VALIDITY, SCOPE OR ENFORCEABILITY OF ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITHTHE LICENSED PATENTS; (II) THE USEACCURACY, OPERATION SAFETY OR PERFORMANCE USEFULNESS FOR ANY PURPOSE OF ANY ITEM OF EQUIPMENT INFORMATION PROVIDED BY TAKEDA TO PUMA, WITH RESPECT TO THE INVENTION(S) CLAIMED IN THE LICENSED PATENTS OR ENGINE WITH RESPECT TO THE LICENSED PATENTS THEMSELVES AND ANY LICENSED PRODUCTS DEVELOPED FROM OR ANY RISKS RELATING THERETOCOVERED BY THEM; (III) WHETHER THE PRACTICE OF ANY INTERRUPTION CLAIM CONTAINED IN ANY OF SERVICE, LOSS OF BUSINESS THE LICENSED PATENTS WILL OR ANTICIPATED PROFITS MIGHT INFRINGE A PATENT OR SPECIAL, PUNITIVE OTHER INTELLECTUAL PROPERTY RIGHT OWNED OR CONSEQUENTIAL DAMAGESLICENSED BY A THIRD PARTY; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT PATENTABILITY OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED INVENTION CLAIMED IN THE PROVISIONS LICENSED PATENTS; OR (V) THE ACCURACY, SAFETY, OR USEFULNESS FOR ANY PURPOSE OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR LICENSED TECHNOLOGY OR IMPROVEMENT ANY LICENSED PRODUCT OR PROCESS MADE OR CARRIED OUT IN ACCORDANCE WITH OR THROUGH THE USE OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTLICENSED PATENTS.

Disclaimer. LESSOR LEASES EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 8, THE SOFTWARE AND LESSEE TAKES SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. UHURA AND ITS RESELLERS AND SUPPLIERS DO NOT WARRANT THAT ANY OF THE AIRCRAFT "AS-ISSOFTWARE OR SERVICES WILL BE FREE FROM ALL BUGS, WHERE-IS"ERRORS, OR OMISSIONS. UHURA AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, ITS RESELLERS AND EXPRESSLY DISCLAIMS, SUPPLIERS DISCLAIM ANY REPRESENTATION OR WARRANTY, AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, AS ORAL OR WRITTEN) WITH RESPECT TO THE TITLESOFTWARE AND SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, AIRWORTHINESSBY REASON OF CUSTOM OR USAGE IN THE TRADE, CONDITIONBY COURSE OF DEALING OR OTHERWISE, VALUEINCLUDING ANY AND ALL (A) WARRANTIES OF SATISFACTORY QUALITY, DESIGN, OPERATION, MERCHANTABILITY (B) WARRANTIES OF FITNESS OR FITNESS FOR USE OR SUITABILITY FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, (WHETHER OR NOT DISCOVERABLEUHURA KNOWS, AS HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (C) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU FURTHER AGREE THAT NOTWITHSTANDING ANYTHING TO THE INFRINGEMENT OF CONTRARY IN SECTION 8 OR OTHERWISE, YOU WILL NOT HOLD UHURA LIABLE FOR ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY FAILURE OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM SECURITY FUNCTIONALITY OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTSOFTWARE.

Disclaimer. LESSOR LEASES AND LESSEE TAKES EXCEPT AS PROVIDED IN SECTION 10, NO PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES UNDER OR RELATING TO THIS AGREEMENT OR THE AIRCRAFT "AS-ISSUBJECT MATTER HEREOF (INCLUDING, WHERE-IS"WITHOUT LIMITATION, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION ITS TECHNOLOGY OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT VALIDITY OF ANY PATENT). THE PARTIES HEREBY DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, TRADEMARK WHETHER EXPRESS, IMPLIED OR COPYRIGHTSTATUTORY, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, INCLUDING (IWITHOUT LIMITATION) ANY WARRANTY OF ACCURACY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY AND ANY AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. 12 LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OF ANY OTHER PARTY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OR DAMAGE CAUSED INACCESSIBILITY OF DATA, OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICEBUSINESS, LOSS OF BUSINESS ARISING UNDER OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THIS AGREEMENT OR THE SERVICINGSUBJECT MATTER HEREOF, MAINTENANCE, REPAIR OR IMPROVEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS POSSIBILITY OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTSUCH DAMAGES.

Disclaimer. LESSOR LEASES EXCEPT FOR THE SPECIFIC REPRESENTATIONS AND LESSEE TAKES WARRANTIES MADE BY THE AIRCRAFT "AS-ISCOMPANY IN ARTICLE IVAND THE MEMBERS IN ARTICLE VI OF THIS AGREEMENT, WHERE-IS"BUYER ACKNOWLEDGES THAT NEITHER THE TARGET COMPANIES NOR ANY OF THEIR AGENTS IS MAKING ANY PROMISE, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS EXPRESS, STATUTORY, OR IMPLIED, AS AT LAW OR IN EQUITY, IN RESPECT OF (I) A TARGET COMPANY, (II) TITLE OF A TARGET COMPANY IN AND TO THE TITLEPROPERTIES, AIRWORTHINESS(III) THE CONDITION OF THE PROPERTIES, CONDITION(IV) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY OF THE PROPERTIES, VALUE(V) ANY IMPLIED OR EXPRESS WARRANTY OF THE FITNESS OF THE PROPERTIES FOR A PARTICULAR PURPOSE, DESIGN(VI) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, OPERATION(VII) ANY AND ALL OTHER IMPLIED WARRANTIES EXISTING UNDER APPLICABLE LAW NOW OR HEREAFTER IN EFFECT, MERCHANTABILITY OR FITNESS FOR USE (VIII) ANY IMPLIED OR FOR EXPRESS WARRANTY REGARDING COMPLIANCE WITH ANY PARTICULAR PURPOSE APPLICABLE ENVIRONMENTAL LAWS, THE RELEASE OF MATERIALS INTO THE ENVIRONMENT, OR PROTECTION OF THE ENVIRONMENT OR HEALTH. BUYER HEREBY REPRESENTS, WARRANTS AND AGREES THAT BUYER IS EXPRESSLY NOT RELYING ON ANY STATEMENT, REPRESENTATION OR PROMISE OF ANY ITEM TARGET COMPANY OR THEIR AGENTS EXCEPT FOR THE SPECIFIC REPRESENTATIONS AND WARRANTIES MADE IN ARTICLE IV OF EQUIPMENT OR ENGINE OR THIS AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IN ENTERING INTO THIS AGREEMENT AND IN CONSUMMATING THE TRANSACTIONS CONTEMPLATED HEREUNDER, BUYER ACCEPTS THE PROPERTIES “ AS IS,” “ WHERE IS,” AND “ WITH ALL FAULTS” AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR, SUBJECT ONLY TO THE ABSENCE OF LATENT OR OTHER DEFECTSSPECIFIC REPRESENTATIONS AND WARRANTIES SET FORTH IN ARTICLE IV, WHETHER OR NOT DISCOVERABLE, EACH AS TO FURTHER LIMITED BY THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO SPECIFICALLY BARGAINED-FOR LIMITATIONS ON REMEDIES SET FORTH IN SECTION 13.2 AND SECTION 15.8. WITHOUT LIMITING THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY GENERALITY OF THE MATERIAL OR WORKMANSHIP FOREGOING, EXCEPT AS SET FORTH IN THIS AGREEMENT, NEITHER THE TARGET COMPANIES NOR THEIR AGENTS MAKES ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED PROMISE, REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETOAS TO (A) THE PHYSICAL, except for the representations of Lessor set forth in Section 4(e) belowOPERATING, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereofREGULATORY COMPLIANCE, SAFETY, OR ENVIRONMENTAL CONDITION OF THE PROPERTIES, (iiB) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE THE CONDITION OF THE PROPERTIES OR ANY OTHER PERSON WITH RESPECT VALUE THEREOF, OR (C) THE ACCURACY, COMPLETENESS, OR MATERIALITY OF ANY DATA, INFORMATION, OR RECORDS FURNISHED OR MADE AVAILABLE TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES BUYER IN CONNECTION THEREWITH; (II) WITH ITS REVIEW OF THE USETARGET COMPANIES OR THE PROPERTIES OR OTHERWISE IN CONNECTION WITH THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, OPERATION AND BUYER SPECIFICALLY REPRESENTS AND WARRANTS THAT IT IS NOT RELYING UPON OR PERFORMANCE HAS NOT RELIED UPON ANY SUCH REPRESENTATIONS AND WARRANTIES OF ANY ITEM TARGET COMPANY OR THEIR AGENTS EXCEPT FOR THE SPECIFIC REPRESENTATIONS AND WARRANTIES MADE BY THE COMPANY IN ARTICLE IV AND THE MEMBERS IN ARTICLE VI OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. THE PROVISIONS OF EXHIBIT E HERETO RELATING THIS SECTION 5.1, TOGETHER WITH THE LIMITED REMEDIES PROVIDED IN SECTION 13.2 AND SECTION 15.8 WERE SPECIFICALLY BARGAINED FOR BETWEEN BUYER AND THE TARGET COMPANIES AND WERE TAKEN INTO ACCOUNT BY BUYER AND THE TARGET COMPANIES IN ARRIVING AT THE MERGER CONSIDERATION. BUYER ACKNOWLEDGES AND AGREES TO THE SERVICINGFOREGOING AND AGREES, MAINTENANCEREPRESENTS AND WARRANTS THAT THE FOREGOING DISCLAIMER IS “ CONSPICUOUS” AND THE RESULT OF ARM’ S-LENGTH NEGOTIATION, REPAIR OR IMPROVEMENT THAT BUYER IS SOPHISTICATED AND KNOWLEDGEABLE ABOUT BUSINESS MATTERS AND WAS REPRESENTED BY COUNSEL, THAT THIS DISCLAIMER IS NOT BOILERPLATE AND THAT THIS DISCLAIMER IS TO BE A CLEAR, UNEQUIVOCAL AND EFFECTIVE DISCLAIMER OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR RELIANCE UNDER ANY LONG-TERM AGREEMENTDELAWARE LAW.

Disclaimer. LESSOR LEASES AND LESSEE TAKES Subject to Section 4(b), Lessee acknowledges and agrees that (A) the Aircraft is of a size, design, capacity and manufacture selected by and acceptable to Lessee and (B) Lessee is satisfied that the Aircraft is suitable for its purposes. NONE OF LESSOR, ANY PURCHASER OR THE AIRCRAFT "AS-IS, WHERE-IS", AND LESSOR DOES NOT SECURITY TRUSTEE SHALL MAKE NOR OR GIVE OR SHALL BE DEEMED TO HAVE MADEMADE OR GIVEN AND HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATION, AND EXPRESSLY DISCLAIMS, WARRANTY OR GUARANTEE OF ANY REPRESENTATION OR WARRANTYKIND, EXPRESS OR IMPLIED, AS TO (I) THE TITLEAIRWORTHINESS, AIRWORTHINESSVALUE, CONDITION, VALUE, DESIGN, OPERATIONCOMPLIANCE WITH SPECIFICATIONS OF, OPERATION OF, OR THE QUALITY OF THE MATERIAL OF OR WORKMANSHIP IN, OR TITLE TO, OR ANY DEFECT IN, THE AIRCRAFT, THE AIRFRAME, ANY ENGINE, ANY PART, ANY DATA OR ANY OTHER THING DELIVERED, LEASED, SOLD OR TRANSFERRED HEREUNDER, (II) THE MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY A PARTICULAR PURPOSE OF THE AIRCRAFT, THE AIRFRAME, ANY ITEM OF EQUIPMENT ENGINE, ANY PART, ANY DATA OR ENGINE ANY OTHER THING DELIVERED, LEASED, SOLD OR TRANSFERRED HEREUNDER, OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO COPYRIGHT OR THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTLIKE, OR AS TO THE QUALITY ARISING FROM COURSE OF THE MATERIAL PERFORMANCE, COURSE OF DEALING OR WORKMANSHIP IN ANY ITEM USAGE OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETOTRADE, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT WITH RESPECT TO THE AIRCRAFT, THE AIRFRAME, ANY ENGINE, ANY PART, ANY DATA OR ANY OTHER THING DELIVERED, LEASED, SOLD OR TRANSFERRED HEREUNDER, WHETHER OR NOT IN STRICT OR ABSOLUTE LIABILITY OR ARISING FROM THE NEGLIGENCE OF SERVICELESSOR, LOSS ANY PURCHASER OR THE SECURITY TRUSTEE, ACTUAL OR IMPUTED, (INCLUDING ANY STATUTORY WARRANTY OR CONDITION UNDER THE LAW OF BUSINESS THE UNITED STATES OR ANTICIPATED PROFITS OR SPECIALANY STATE THEREOF, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF, OR DAMAGE TO, THE DELIVERY HEREUNDERAIRCRAFT, OPERATIONTHE AIRFRAME, SERVICINGANY ENGINE, MAINTENANCEANY PART, REPAIR ANY DATA OR IMPROVEMENT ANY OTHER THING, FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR ANY ITEM OF EQUIPMENT OTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THEREFROM, IT BEING UNDERSTOOD THAT ALL SUCH RISKS, AS BETWEEN LESSEE AND SUCH OTHER PERSONS, ARE TO BE BORNE BY LESSEE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED SET FORTH IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO OPERATIVE DOCUMENTS. NO PURCHASER NOR THE SERVICING, MAINTENANCE, REPAIR SECURITY TRUSTEE SHALL BE LIABLE OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL OTHERWISE RESPONSIBLE IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST MANNER FOR ANY AFFILIATE OF REPRESENTATION OR WARRANTY MADE BY LESSOR HEREUNDER OR UNDER ANY LONG-TERM AGREEMENT.OTHER OPERATIVE DOCUMENT. [Lease Agreement [VIRGIN/NPA MSN 6965]]

Disclaimer. LESSOR LEASES AND LESSEE TAKES THE AIRCRAFT "AS-IS, WHERE-IS", AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING THIS AGREEMENT, CQG DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICINGORS OR ANY SOFTWARE USED IN CONNECTION WITH THE ORS OR ITS CONTENT, MAINTENANCE, REPAIR INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OF MERCHANTABILITY OR IMPROVEMENT FITNESS FOR A PARTICULAR PURPOSE; (ii) THAT CUSTOMERS OR EPCYLON WILL BE ABLE TO ACCESS OR USE THE ORS AT TIMES OR LOCATIONS OF THEIR CHOOSING; (iii) THAT CQG WILL HAVE ADEQUATE CAPACITY FOR THE ORS AS A WHOLE OR IN ANY SERVICED ENGINE GEOGRAPHIC LOCATION; OR SERVICED AIRCRAFT; PROVIDED (iv) THAT NOTHING CONTAINED THE ORS OR ANY SOFTWARE RELATED THERETO IS ERROR FREE OR VIRUS FREE OR WILL PROVIDE UNINTERRUPTED AND ERROR FREE SERVICE. CQG’S GRANT OF THE RIGHT TO USE THE ORS IS GRANTED “AS IS” WITH ALL FAULTS. EPCYLON ACKNOWLEDGES IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY FROM CQG EXCEPT AS EXPRESSLY STATED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT AGREEMENT. CQG RESERVES THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTRIGHT TO SUSPEND SERVICE AND DENY ACCESS TO THE ORS WITHOUT PRIOR NOTICE DURING SCHEDULED OR UNSCHEDULED SYSTEM MAINTENANCE OR UPGRADING.

Disclaimer. LESSOR LEASES AND LESSEE TAKES Except as expressly set forth in this Agreement, neither Party makes any representation or warranty, express or implied. WITHOUT LIMITING THE AIRCRAFT "AS-ISGENERALITY OF THE FOREGOING, WHERE-IS"EXCEPT AS EXPRESSLY REPRESENTED OTHERWISE IN THIS AGREEMENT, AND LESSOR DOES NOT MAKE NOR SHALL BE DEEMED TO HAVE MADE, AND THE FARMOR EXPRESSLY DISCLAIMS, DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO (A) THE TITLECONTENTS, AIRWORTHINESSCHARACTER, OR NATURE OF ANY DESCRIPTIVE MEMORANDUM, OR ANY REPORT OF ANY PETROLEUM ENGINEERING CONSULTANT, OR ANY GEOLOGICAL OR SEISMIC DATA OR INTERPRETATION, RELATING TO THE CONTRACT OR THE JOINT OPERATIONS, (B) THE QUANTITY, QUALITY, OR RECOVERABILITY OF HYDROCARBONS IN OR FROM THE CONTRACT AREA, (C) ANY ESTIMATES OF THE VALUE OF THE CONTRACT, RESERVES CONTAINED IN THE CONTRACT AREA OR FUTURE REVENUES GENERATED BY THE CONTRACT, (D) THE MAINTENANCE, REPAIR, CONDITION, VALUEQUALITY, SUITABILITY, DESIGN, OPERATIONOR MARKETABILITY OF THE JOINT ACCOUNT ASSETS, MERCHANTABILITY (E) THE ENVIRONMENTAL CONDITION OF THE CONTRACT AREA, THE JOINT OPERATIONS AND THE JOINT ACCOUNT ASSETS, (F) ANY ENVIRONMENTAL, ABANDONMENT OR FITNESS FOR USE DECOMMISSIONING OBLIGATIONS OR FOR ANY PARTICULAR PURPOSE OF ANY ITEM OF EQUIPMENT OR ENGINE OR AS LIABILITIES IN RELATION TO THE ABSENCE CONTRACT OR CONTRACT AREA (INCLUDING ANY ABANDONMENT OR DECOMMISSIONING OBLIGATIONS IN RESPECT OF LATENT XXXXX, PLATFORMS, RIGS OR OTHER DEFECTSPIPELINES), WHETHER OR NOT DISCOVERABLE(G) THE ABILITY TO OBTAIN GOVERNMENTAL APPROVAL, AS TO (H) THE INFRINGEMENT LAWS OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE REPUBLIC OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORTGUINEA, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN ANY ITEM OF EQUIPMENT OR ENGINE OR ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except for the representations of Lessor set forth in Section 4(e) below, and that Lessor represents that (i) it has good title to the Aircraft free of Lessor's Liens and the lawful right to lease the Aircraft to Lessee in accordance with the terms hereof, (ii) Lessor has the lawful right to lease the Airframe to Lessee in accordance with the terms hereof, and (iii) that Lessor is a citizen of the United States of America as defined in Section 40102(a)(15) (former 101(16)) of the Act. LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO (I) ANY LIABILITYOTHER MATERIALS OR INFORMATION THAT MAY HAVE BEEN MADE AVAILABLE OR COMMUNICATED TO FARMEE OR ITS AFFILIATES, LOSS OR DAMAGE ITS OR THEIR REPRESENTATIVES IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY DISCUSSION OR REPRESENTATION RELATING THERETO. THERE ARE NO IMPLIED REPRESENTATIONS OR WARRANTIES. FARMEE HAS MADE OR CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY ITEM OF EQUIPMENT OR ENGINE OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH; (II) THE USE, OPERATION OR PERFORMANCE OF ANY ITEM OF EQUIPMENT OR ENGINE OR ANY RISKS RELATING THERETO; (III) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (IV) THE DELIVERY HEREUNDER, OPERATION, SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY ITEM OF EQUIPMENT EXCEPT MADE SUCH INSPECTIONS AND INVESTIGATIONS AS EXPRESSLY PROVIDED IN THE PROVISIONS OF EXHIBIT E HERETO RELATING TO THE SERVICING, MAINTENANCE, REPAIR OR IMPROVEMENT OF ANY SERVICED ENGINE OR SERVICED AIRCRAFT; PROVIDED THAT NOTHING CONTAINED IN THIS SECTION 4(a) SHALL IN ANY WAY LIMIT THE RIGHTS OF LESSEE AGAINST ANY AFFILIATE OF LESSOR UNDER ANY LONG-TERM AGREEMENTFARMEE DEEMS APPROPRIATE.