Excludes Liability Subject to Other Sections Clause Samples

Excludes Liability Subject to Other Sections. Notwithstanding the foregoing, the representation and warranty contained in this Section 3.5 shall not apply to (and shall exclude) any liability arising out of or related to facts, events, transactions, or actions or inactions, the category of which is the subject of another representation or warranty set forth in this Article III, whether or not the existence of the liability would constitute a breach or inaccuracy of such representation or warranty. (By way of example, as to the foregoing sentence, pending and threatened litigation is addressed in the representations and warranties in Section 3.11 And therefore all pending and threatened litigation (regardless of whether the litigation is covered by the representations and warranties in Section 3.11) Is considered a "category" for the purpose of the foregoing sentence.)