Common use of Disclaimers and Exclusions Clause in Contracts

Disclaimers and Exclusions. (a) The New Purchaser acknowledges and agrees that: (i) the Vessel has been designed, manufactured, assembled, constructed, tested, trialed and examined without reference to or involvement of the Old Purchaser or any other member of the Old Purchaser’s Group; (ii) neither the Old Purchaser nor any other member of the Old Purchaser’s Group has made or given or shall be deemed to have made or given any representation, warranty, term or condition, express or implied (whether statutory or otherwise), as to the seaworthiness, capacity, state, value, quality, durability, condition, design, construction, operation, performance, description, merchantability, fitness for use or purpose or suitability of the Vessel 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, copyright, intellectual property or other rights, or as to title to the Vessel or any other representation, warranty, term or condition whatsoever, express or implied, with respect to the Vessel, all of which are hereby excluded; (iii) the New Purchaser is taking possession of the Vessel from the Seller on an “as is, where is, and with all faults” basis. (b) Save as otherwise expressly and specifically provided by this Agreement the New Purchaser hereby waives as between itself and the Old Purchaser all its rights, express or implied (whether statutory or otherwise), against the Old Purchaser or in respect of the Vessel. (c) Without prejudice to the generality of the other provisions of this Clause 7 the Old Purchaser shall be under no liability to the New Purchaser whatsoever and howsoever arising and from whatever cause, and whether in contract, tort or otherwise, in respect of any loss (consequential or otherwise), liability, damage (including death, injury or disease) or Unavailability of, or to, or in connection with, the Vessel or any person or property whatsoever.

Disclaimers and Exclusions. (a) The New Purchaser Lessee acknowledges and agrees that: (i) the Vessel has been designed, manufactured, assembled, constructed, tested, trialed assembled and examined constructed without reference to or involvement of the Old Purchaser Lessor or any other member of the Old Purchaser’s GroupLessor's Group and that the Lessee alone has selected the Vessel for purchase by the Lessor pursuant to the Shipbuilding Contract and leasing by the Lessor to the Lessee hereunder and for sub-leasing by the Lessee to the Sub-Lessee under the Sub-Lease and for the purposes described in any Service Contract; (ii) neither the Old Purchaser nor any other member of the Old Purchaser’s Group Lessor has not made or given or nor shall be deemed to have made or given any term, condition, representation, warranty, term warranty or conditioncovenant, express or implied (whether statutory or otherwise), as to the seaworthiness, suitability, capacity, age, state, value, quality, durability, condition, appearance, safety, design, construction, operation, performance, description, merchantability, satisfactory quality, fitness for use or purpose or any particular use or purpose or suitability of the Vessel 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, trademark or copyright, intellectual property as to the ability of the Vessel to satisfy the requirements of any law, rule, specification or other rightscontract pertaining thereto, or as to title to the Vessel or any other representation, warranty, term representation or condition warranty whatsoever, express or implied, with respect to the Vessel, all of which are hereby excluded; ; and (iii) the New Purchaser Lessee is taking possession of the Vessel from on lease and is sub-leasing the Seller Vessel to the Sub-Lessee on an “"as is, where is, and with all faults” " basis, and that the Lessee's acceptance of Delivery from the Lessor in accordance with Clause 4.2 (Delivery and acceptance of Vessel) shall be conclusive evidence (except as against the Builder or the manufacturer of any part of the Vessel) that the Vessel is complete, in good order and condition, of satisfactory quality, fit for any purpose for which it may be intended or required, seaworthy in all respects, without defect or inherent vice whether or not discoverable by the Lessee, suitable in all respects and in every way satisfactory and without prejudice to the foregoing, complies in all respects with the Shipbuilding Contract. (b) Save as otherwise expressly and specifically provided by this Agreement or any other Relevant Lease Document, the New Purchaser Lessee hereby waives as between itself and the Old Purchaser Lessor and agrees not to seek to enforce, all its rights, express or implied (whether statutory or otherwise), whether against the Old Purchaser or Lessor in respect of the VesselVessel (or any part thereof) or against the Vessel or any part thereof (except rights arising out of any act or omission of the Lessor which is a breach by the Lessor of its express and specific obligations to the Lessee under this Agreement or any other Relevant Lease Document). (c) Without The Lessor shall be under no obligation to provide to the Lessee or to any other person any replacement for the Vessel (or any part thereof) during any period when the Vessel (or any part thereof) is unavailable for use for any reason whatever nor, except where the unavailability for use arises solely as a result of the breach by the Lessor of its express and specific obligations to the Lessee under Clause 5.2 (Lessor's covenants) of this Agreement, otherwise to compensate the Lessee in respect of such unavailability for use. (d) Save as expressly provided in this Agreement or the other Relevant Lease Documents, and without prejudice to the generality of Clauses 5.1 (a) and 5.1(b) (Disclaimers and exclusions), the other provisions of this Clause 7 the Old Purchaser Lessor shall be under no liability to the New Purchaser Lessee or any other person whatsoever and howsoever arising arising, and from whatever cause, and whether in contract, tort or otherwise, in respect of the satisfactory condition or fitness for purpose of the Vessel or any loss (consequential or otherwise), liability, liability or damage (including death, injury or disease) or Unavailability of, or to, or in connection with, the Vessel or any part thereof (including delay in delivery thereof to the Lessee under this Agreement, or by the Lessee to any Sub- Lessee under any Sub-Lease or by the Sub-Lessee to any Service Contractor under any Service Contract, or thereafter or delay of any nature whatsoever) or any person or property whatsoeverwhatsoever irrespective of whether such loss, liability or damage shall arise from any action or omission of the Lessor and whether or not the same shall arise from the Lessor's negligence, actual or imputed (other than any action or omission of the Lessor which is a breach by the Lessor of its express and specific obligations to the Lessee under the Relevant Lease Documents to which the Lessor is party).