Common use of DISCLAIMER OF OTHER REPRESENTATIONS AND WARRANTIES; NON-RELIANCE Clause in Contracts

DISCLAIMER OF OTHER REPRESENTATIONS AND WARRANTIES; NON-RELIANCE. THE SERVICES FURNISHED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION 7.1, KES MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE SERVICES AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER IMPLIED, STATUTORY, ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE OR OTHERWISE. AKIDA ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY KES, OR ANY OTHER PERSON ON KES’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 7.1. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR SERVICES.

DISCLAIMER OF OTHER REPRESENTATIONS AND WARRANTIES; NON-RELIANCE. THE SERVICES FURNISHED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 9.2 AND THE PRODUCT WARRANTY SET FORTH IN SECTION 7.19.3, KES (A) NEITHER SELLER NOR ANY PERSON ON SELLER'S BEHALF HAS MADE OR MAKES NO WARRANTIES ANY EXPRESS OR REPRESENTATIONS WHATSOEVER REGARDING THE SERVICES AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESIMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDINGEITHER ORAL OR WRITTEN, WITHOUT LIMITATION, INCLUDING ANY WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR PERFORMANCE OF GOODS OR PRODUCTS TO STANDARDS SPECIFIC TO THE COUNTRY OF IMPORT, WHETHER IMPLIED, STATUTORY, ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE USAGE OR OTHERWISE. AKIDA , ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (B) BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON UPON ANY REPRESENTATION OR WARRANTY MADE BY KESSELLER, OR ANY OTHER PERSON ON KES’S SELLER'S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 7.1. THE FOREGOING EXCLUSIONS SECTIONS 9.2 AND DISCLAIMERS ARE AN ESSENTIAL PART 9.3 OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR SERVICESAGREEMENT.

DISCLAIMER OF OTHER REPRESENTATIONS AND WARRANTIES; NON-RELIANCE. THE SERVICES FURNISHED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 9.2 AND THE PRODUCT WARRANTY SET FORTH IN SECTION 7.19.3, KES AND EXCEPT FOR ANY WARRANTIES PROVIDED IN SECTION 16, (A) NEITHER SELLER NOR ANY PERSON ON SELLER’S BEHALF HAS MADE OR MAKES NO WARRANTIES ANY EXPRESS, IMPLIED, STATUTORY, OR REPRESENTATIONS WHATSOEVER REGARDING THE SERVICES AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESREPRESENTATION OR WARRANTY UNDER THIS CMA, INCLUDINGEITHER ORAL OR WRITTEN, WITHOUT LIMITATION, INCLUDING ANY WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR PERFORMANCE OF GOODS OR PRODUCTS TO STANDARDS SPECIFIC TO THE COUNTRY OF IMPORT, WHETHER IMPLIED, STATUTORY, ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE USAGE OR OTHERWISE. AKIDA , ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (B) BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON UPON ANY REPRESENTATION OR WARRANTY MADE BY KESSELLER, OR ANY OTHER PERSON ON KESSELLER’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 7.1. THE FOREGOING EXCLUSIONS SECTIONS 9.2 AND DISCLAIMERS ARE AN ESSENTIAL PART 9.3 OF THIS AGREEMENT AND FORMED CMA, IN THE BASIS FOR DETERMINING THE PRICE CHARGED FOR SERVICESASSET PURCHASE AGREEMENT, OR IN ANY OTHER TRANSACTION DOCUMENT.

DISCLAIMER OF OTHER REPRESENTATIONS AND WARRANTIES; NON-RELIANCE. THE SERVICES FURNISHED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT FOR THE EXPRESS WARRANTY REPRESENTATIONS, CONDITIONS AND WARRANTIES SET FORTH IN SECTION 7.1THE CONTRACT DOCUMENTS, KES (i) NEITHER SELLER NOR ANY PERSON ON SELLER’S BEHALF HAS MADE OR MAKES NO ANY EXPRESS OR IMPLIED REPRESENTATION, CONDITION OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE SERVICES AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONDITIONS OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OR PERFORMANCE OF GOODS OR PRODUCTS TO STANDARDS SPECIFIC TO THE COUNTRY OF IMPORT, WHETHER IMPLIED, STATUTORY, ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE USAGE OR OTHERWISE. AKIDA , ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (ii) BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON UPON ANY REPRESENTATION REPRESENTATION, CONDITION OR WARRANTY MADE BY KESSELLER, OR ANY OTHER PERSON ON KESSELLER’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 7.1. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR SERVICESAPPLICABLE CONTRACT DOCUMENT.

DISCLAIMER OF OTHER REPRESENTATIONS AND WARRANTIES; NON-RELIANCE. THE SERVICES FURNISHED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT FOR THE EXPRESS WARRANTY REPRESENTATIONS, CONDITIONS AND WARRANTIES SET FORTH IN SECTION 7.1THE CONTRACT DOCUMENTS, KES (i) NEITHER SELLER NOR ANY PERSON ON SELLER’S BEHALF HAS MADE OR MAKES NO WARRANTIES ANY EXPRESS OR REPRESENTATIONS WHATSOEVER REGARDING THE SERVICES AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESIMPLIED REPRESENTATION, INCLUDINGCONDITION OR WARRANTY WHATSOEVER, WITHOUT LIMITATIONEITHER ORAL OR WRITTEN, WARRANTIES INCLUDING ANY WARRANTIESOR CONDITIONS OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OR PERFORMANCE OF GOODS OR PRODUCTS TO STANDARDS SPECIFIC TO THE COUNTRY OF IMPORT, WHETHER IMPLIED, STATUTORY, ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE USAGE OR OTHERWISE. AKIDA , ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (ii) BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON UPON ANY REPRESENTATION REPRESENTATION, CONDITION OR WARRANTY MADE BY KESSELLER, OR ANY OTHER PERSON ON KESSELLER’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 7.1. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR SERVICESAPPLICABLE CONTRACT DOCUMENT.