Common use of Disclaimer of Merchantability or Fitness of Assets Clause in Contracts

Disclaimer of Merchantability or Fitness of Assets. Each party hereto understands and agrees that there are no warranties, express or implied, as to the merchantability or fitness of any of the Assets either transferred to or retained by the Columbia/HCA Group, the LifePoint Group or the Triad Group, as the case may be, pursuant to the Restructuring Transactions and the other terms and provisions of this Agreement, any Ancillary Agreement, any Conveyancing and Assumption Instrument or any other agreement or document, and all such Assets which are so transferred will be transferred on an "as is, where is" basis, and the party to which any such Assets are transferred hereunder, or which retains Assets hereunder, shall bear the economic and legal risk that any conveyances of such Assets shall prove to be insufficient or that the title of such party or any other member of its respective Group to any such Assets shall be other than good and marketable and free from encumbrances.

Disclaimer of Merchantability or Fitness of Assets. Each -------------------------------------------------- party hereto understands and agrees that there are no warranties, express or implied, as to the merchantability or fitness of any of the Assets either transferred to or retained by the Columbia/HCA Group, the LifePoint Group or the Triad Group, as the case may be, pursuant to the Restructuring Transactions and the other terms and provisions of this Agreement, any Ancillary Agreement, any Conveyancing and Assumption Instrument or any other agreement or document, and all such Assets which are so transferred will be transferred on an "as is, where is" basis, and the party to which any such Assets are transferred hereunder, or which retains Assets hereunder, shall bear the economic and legal risk that any conveyances of such Assets shall prove to be insufficient or that the title of such party or any other member of its respective Group to any such Assets shall be other than good and marketable and free from encumbrances.