Common use of Disclaimer of Additional Warranties Clause in Contracts

Disclaimer of Additional Warranties. THE WARRANTIES OF ASSIGNOR SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF ASSIGNOR, WHETHER WRITTEN, ORAL OR IMPLIED. ASSIGNEE ACKNOWLEDGES AND AGREES THAT ASSIGNOR SHALL NOT, BY VIRTUE OF HAVING OWNED AND SOLD THE RIGHTS TO PURCHASE THE AIRCRAFT OR OTHERWISE, BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY AS TO THE MERCHANTABILITY, FITNESS, DESIGN OR CONDITION OF, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN, THE AIRCRAFT, OR TO HAVE MADE ANY OTHER REPRESENTATIONS OR WARRANTIES (EXCEPT THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT). ASSIGNOR DISCLAIMS AND ASSIGNEE WAIVES ALL WARRANTIES AND LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING STRICT LIABILITY IN TORT), WITH RESPECT TO THE MERCHANTABILITY, FITNESS, DESIGN OR CONDITION OF, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN, THE AIRCRAFT, WHETHER OR NOT OCCASIONED BY ASSIGNOR'S NEGLIGENCE. The foregoing disclaimer of warranty shall not be construed to be a waiver by Assignee of claims of Assignee against Assignor arising from Assignor's breach of the terms, covenants, conditions, representations and warranties of Assignor set forth in any Operative Document.

Disclaimer of Additional Warranties. The Buyer acknowledges that (i) the Buyer has not sought from ACY, or relied upon ACY for, any analysis, evaluation or advice with respect to ACY, the Equipment or relevant Lease Documents or the financial condition, operations, investment potential or tax attributes of the same and (ii) the Buyer has either been supplied with or has had access to all information, which it has deemed necessary to evaluate the assignment, transfer and conveyance contemplated by this Agreement and any related documentation. The Buyer further acknowledges that: EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF ASSIGNOR AS SET FORTH IN SECTION 9 HEREOF (WHICH SHALL EXPIRE AND NOT SURVIVE THE DATES SPECIFIED IN SECTION 13.4), ACY HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, AND ACY’S RIGHTS WITH RESPECT TO THE EQUIPMENT AND RELATED LEASE DOCUMENTS ARE BEING ACQUIRED BY THE BUYER ON AN "AS IS, WHERE IS AND WITH ALL FAULTS" BASIS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF ASSIGNOROR ANY OPERATIVE DOCUMENTS, WHETHER WRITTEN, ORAL OR IMPLIED. ASSIGNEE ACKNOWLEDGES AND AGREES THAT ASSIGNOR SHALL NOT, BY VIRTUE OF HAVING OWNED AND SOLD THE RIGHTS TO PURCHASE THE AIRCRAFT OR OTHERWISE, BE DEEMED TO HAVE ACY HAS NOT MADE ANY REPRESENTATION OR WARRANTY WARRANTY, EXPRESS OR IMPLIED, AS TO THE AIRWORTHINESS, CONDITION, VALUE, DESIGN, OPERATION, MERCHANTABILITY, FITNESSCOMPLIANCE WITH SPECIFICATIONS, DESIGN CONSTRUCTION, PERFORMANCE OR CONDITION OFFITNESS FOR USE OR FOR ANY PURPOSE OF THE EQUIPMENT 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 LIABILITY IN TORT, STRICT OR OTHERWISE, AS TO FREEDOM FROM INTERFERENCE IN POSSESSION OR USE, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN, OF THE AIRCRAFT, EQUIPMENT OR TO HAVE MADE ANY PART THEREOF OR ANY OTHER REPRESENTATIONS REPRESENTATION OR WARRANTIES (EXCEPT THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT). ASSIGNOR DISCLAIMS AND ASSIGNEE WAIVES ALL WARRANTIES AND LIABILITIESWARRANTY WHATSOEVER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING STRICT LIABILITY IN TORT), WITH RESPECT TO THE MERCHANTABILITY, FITNESS, DESIGN EQUIPMENT OR CONDITION OF, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN, THE AIRCRAFT, WHETHER OR NOT OCCASIONED BY ASSIGNOR'S NEGLIGENCEANY PART THEREOF. The foregoing disclaimer of warranty shall not be construed to be a waiver (a) by Assignee the Buyer of claims of Assignee against Assignor ACY, arising from Assignor's ACY’s breach of the terms, covenants, conditions, representations and warranties of Assignor set forth in its obligations under this Agreement or any Operative DocumentDocument made by, applicable to or to be performed by ACY, or (b) by ACY of claims against the Buyer, arising from the Buyer’s breach of its obligations under this Agreement or any Operative Document made by, applicable to or to be performed by the Buyer.

Disclaimer of Additional Warranties. THE WARRANTIES OF ASSIGNOR SERVICES WARRANTY SET FORTH IN THIS AGREEMENT ARE SECTION 1.5 IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ASSIGNOR, WHETHER WRITTEN, ORAL OR IMPLIED. ASSIGNEE ACKNOWLEDGES AND AGREES THAT ASSIGNOR SHALL NOT, BY VIRTUE OF HAVING OWNED AND SOLD THE RIGHTS TO PURCHASE THE AIRCRAFT OR OTHERWISE, BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY AS TO THE MERCHANTABILITY, FITNESS, DESIGN OR CONDITION OF, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN, THE AIRCRAFT, OR TO HAVE MADE ANY OTHER REPRESENTATIONS OR WARRANTIES (EXCEPT THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT). ASSIGNOR DISCLAIMS AND ASSIGNEE WAIVES ALL WARRANTIES AND LIABILITIESNATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING BY LAW FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE (INCLUDING STRICT LIABILITY OTHERWISE. SUNPOWER NEITHER MAKES NOR PROVIDES ANY REPRESENTATIONS, WARRANTIES, AGREEMENTS OR UNDERSTANDINGS, ORAL OR WRITTEN, WHICH EXTEND BEYOND THOSE SET FORTH IN TORT), THIS SECTION 1.4 WITH RESPECT TO THE MERCHANTABILITYSERVICES, FITNESSWHETHER THE CLAIMS OF CUSTOMER ARE BASED IN CONTRACT, DESIGN IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR CONDITION OFOTHERWISE, AND SUNPOWER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES. SUNPOWER SHALL NOT BE LIABLE FOR BREACH OF THE SERVICES WARRANTY TO THE EXTENT THAT, WITHOUT LIMITATION, SUCH BREACH ARISES FROM: (I) MODIFICATIONS, ALTERATIONS OR REPAIRS TO THE SYSTEM NOT PERFORMED BY SUNPOWER; (II) NONCONFORMITIES TO THE EXTENT CAUSED BY THE SYSTEM NOT BEING OPERATED BY CUSTOMER OR ANY THIRD PARTY IN ACCORDANCE WITH ANY MANUALS AND REVISIONS THERETO (INCLUDING THE REPLACEMENT OF WORN OR FAILED PARTS); OR (III) ANY DAMAGE TO THE SYSTEM CAUSED BY ACCIDENT, VANDALISM, MALICIOUS MISCHIEF, THEFT OR ATTEMPTED THEFT, OR ANY OTHER FORCE MAJEURE EVENT AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN, THE AIRCRAFT, WHETHER OR NOT OCCASIONED BY ASSIGNOR'S NEGLIGENCE. The foregoing disclaimer of warranty shall not be construed to be a waiver by Assignee of claims of Assignee against Assignor arising from Assignor's breach of the terms, covenants, conditions, representations and warranties of Assignor set forth in any Operative DocumentDEFINED IN SECTION 4.10).

Disclaimer of Additional Warranties. THE EXPRESS WARRANTIES OF ASSIGNOR SET FORTH IN THIS AGREEMENT ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF ASSIGNORWARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED. ASSIGNEE ACKNOWLEDGES AND AGREES THAT ASSIGNOR SHALL NOT, BY VIRTUE OF HAVING OWNED AND SOLD THE RIGHTS TO PURCHASE THE AIRCRAFT OR OTHERWISE, BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY AS TO THE MERCHANTABILITY, FITNESS, DESIGN OR CONDITION OF, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN, THE AIRCRAFT, OR TO HAVE MADE ANY OTHER EPHESOFT MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING (EXCEPT b) AUSSCHLUSS ZUSÄTZLICHER GARANTIELEISTUNGEN. DIE OBEN GENANNTEN AUSDRÜCKLICHEN GARANTIEN ERSETZEN ALLE SONSTIGEN GARANTIEN UND EPHESOFT THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT). ASSIGNOR DISCLAIMS AND ASSIGNEE WAIVES ALL WARRANTIES AND LIABILITIESSOFTWARE, EXPRESS EXPRESSED OR IMPLIED, ARISING EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR SKILL AND CARE. ANY IMPLIED WARRANTIES THAT BY LAW OR OTHERWISE (INCLUDING STRICT LIABILITY CANNOT BE DISCLAIMED ARE LIMITED IN TORT), WITH RESPECT DURATION TO THE MERCHANTABILITY, FITNESS, DESIGN OR CONDITION OFGREATER OF (I) NINETY (90) DAYS FROM THE DATE OF THIS LICENSE AGREEMENT, OR (II) THE SHORTEST PERIOD PERMITTED BY LAW. THE SOFTWARE PROVIDED BY EPHESOFT IS PROVIDED “AS TO IS” AND WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOU ARE SOLLEY RESPONSIBLE FOR THE QUALITY RESULTS OBTAINED FROM THE USE OF THE MATERIAL OR WORKMANSHIP INSOFTWARE. ÜBERNIMMT KEINERLEI AUSDRÜCKLICHE ODER STILLSCHWEIGENDE ZUSICHERUNGEN ODER GEWÄHRLEISTUNGEN IN BEZUG AUF DIE SOFTWARE, THE AIRCRAFTSOFERN NICHT AUSDRÜCKLICH IM VORLIEGENDEN DOKUMENT DARGELEGT, WHETHER OR NOT OCCASIONED BY ASSIGNOR'S NEGLIGENCEUND SCHLIEẞT ALLE SONSTIGEN GARANTIEN; EINSCHLIEẞLICH JEDOCH NICHT BESCHRÄNKT AUF STILLSCHWEIGENDE GEWÄHRLEISTUNGEN DER MARKTGÄNGIGKEIT, ZUFRIEDENSTELLENDEN QUALITÄT, EIGNUNG FÜR EINEN BESTIMMTEN ZWECK, NICHTVERLETZUNG VON RECHTEN ODER FACHKENNTNISS UND SORGFALT, AUSDRÜCKLICH ZUM MAXIMALEN PER GESETZ ZUGELASSENEN AUSMAẞ AUS. The foregoing disclaimer of warranty shall not be construed to be a waiver by Assignee of claims of Assignee against Assignor arising from Assignor's breach of the termsSTILLSCHWEIGENDE GEWÄHRLEISTUNGEN, covenantsDIE VON GESETZ WEGEN NICHT AUSGESCHLOSSEN WERDEN KÖNNEN, conditionsSIND AUF EINE DAUER VON (I) NEUNZIG (90) TAGEN AB DATUM DIESES LIZENZVERTRAGS ODER (II) DEN KÜRZESTEN GESETZLICH ZULÄSSIGEN ZEITRAUM BESCHRÄNKT. DIE SOFTWARE WIRD VON EPHESOFT „SO WIE SIE IST" OHNE IRGENDWELCHE GEWÄHRLEISTUNGEN ZUR VERFÜGUNG GESTELLT. SIE ERKLÄREN SICH DAMIT EINVERSTANDEN, representations and warranties of Assignor set forth in any Operative DocumentDASS SIE FÜR DIE DURCH DIE NUTZUNG DER SOFTWARE ERZIELTEN ERGEBNISSE ALLEINIG VERANTWORTLICH SIND.