Common use of Certain Matters Excluded Clause in Contracts

Certain Matters Excluded. Notwithstanding anything to the contrary in this Section 6.4, no limitation or condition of liability provided in this Section shall apply to the breach of any of the representations and warranties contained herein if such representation or warranty was made in bad faith with the intent that (i) it contain an untrue statement of a material fact or (ii) omit to state a material fact necessary to make the state ments or facts contained therein not misleading.

Certain Matters Excluded. Notwithstanding anything to the contrary in this Section 6.49.14, no limitation or condition of liability provided in this Section 9.14 shall apply to the breach of any of the representations and warranties contained herein if such representation or warranty was made in bad faith with the intent actual knowledge that (i) it contain contained an untrue statement of a material fact or (ii) omit omitted to state a material fact necessary to make the state ments statements or facts contained therein not misleading.

Certain Matters Excluded. Notwithstanding anything to the contrary in this Section 6.48.1, no limitation or condition of liability provided in this Section shall apply to the intentional or willful breach of any of the representations and warranties contained herein if such representation or warranty was made in bad faith with the intent actual knowledge that (i) it contain contained an untrue statement of a material fact or (ii) omit omitted to state a material fact necessary to make the state ments statements or facts contained therein not misleading.

Certain Matters Excluded. Notwithstanding anything to the contrary in this Section 6.48.2, no limitation or condition of liability provided in this Section shall apply to the intentional or willful breach of any of the representations and warranties contained herein if such representation or warranty was made in bad faith with the intent actual knowledge that (i) it contain contained an untrue statement of a material fact or (ii) omit omitted to state a material fact necessary to make the state ments statements or facts contained therein not misleading.

Certain Matters Excluded. Notwithstanding anything to the contrary in this Section SECTION 6.4, no limitation or condition of liability provided in this Section shall apply to the breach of any of the representations and warranties contained herein if such representation or warranty was made in bad faith with the intent that (i) it contain an untrue statement of a material fact or (ii) omit to state a material fact necessary to make the state ments statements or facts contained therein not misleading.