Common use of Certain Matters Excluded Clause in Contracts

Certain Matters Excluded. Notwithstanding anything to the contrary in this Section 8.2, no 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 with actual knowledge that it contained an untrue statement of a material fact or omitted to state a material fact necessary to make the statements or facts contained therein not misleading.

Certain Matters Excluded. Notwithstanding anything to the contrary in this Section 8.26.4, 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 actual knowledge the intent that (i) it contained contain an untrue statement of a material fact or omitted (ii) omit to state a material fact necessary to make the statements state ments or facts contained therein not misleading.

Certain Matters Excluded. Notwithstanding anything to the contrary in this Section 8.2SECTION 6.4, 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 actual knowledge the intent that (i) it contained contain an untrue statement of a material fact or omitted (ii) omit to state a material fact necessary to make the statements or facts contained therein not misleading.

Certain Matters Excluded. Notwithstanding anything to the contrary in this Section 8.28.1, no 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 with actual knowledge that it contained an untrue statement of a material fact or omitted to state a material fact necessary to make the statements or facts contained therein not misleading.