Common use of Exclusion of Other Warranties Clause in Contracts

Exclusion of Other Warranties. EXCEPT WHERE OTHERWISE SET FORTH IN THIS AGREEMENT, SECTIONS 6.1, 6.2, 6.3, 6.4 AND 6.5 ARE IN LIEU OF ALL CONDITIONS, WARRANTIES AND STATEMENTS IN RESPECT OF PRODUCT AND IN RESPECT OF THE MANUFACTURING SERVICES PROVIDED HEREUNDER, WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM OF THE TRADE OR OTHERWISE (INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR ITS FITNESS FOR A PARTICULAR PURPOSE OR USE UNDER ANY CONDITIONS) AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 8 HEREIN, REPLACEMENT OF ANY NONCONFORMING PRODUCT AND REASONABLE DOCUMENTED OUT OF POCKET EXPENSES SHALL BE RUGBY'S SOLE REMEDY FOR BREACH OF ANY EXPRESS WARRANTY CONTAINED IN THIS ARTICLE VI. In no event shall HMRI or Rugby be liable under or with respect to this Agreement for any indirect, incidental, consequential, special or punitive damages of any kind, including loss of profits, including but not limited to due to breach of warranty, tort, breach or repudiation of any term or condition of this Agreement. CONFIDENTIAL TREATMENT - NOTED BY * AND STRIKE-THROUGH

Exclusion of Other Warranties. EXCEPT WHERE OTHERWISE SET FORTH IN THIS AGREEMENT, SECTIONS 6.17.1, 6.27.2, 6.3, 6.4 7.3 AND 6.5 7.4 ARE IN LIEU OF ALL CONDITIONS, WARRANTIES AND STATEMENTS IN RESPECT OF PRODUCT AND IN RESPECT OF THE MANUFACTURING SERVICES PROVIDED HEREUNDER, WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM OF THE TRADE OR OTHERWISE (INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR ITS FITNESS FOR A PARTICULAR PURPOSE OR USE UNDER ANY CONDITIONS) AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 8 9 HEREIN, REPLACEMENT OF ANY NONCONFORMING PRODUCT AND REASONABLE DOCUMENTED OUT OF POCKET EXPENSES SHALL BE RUGBY'S SOLE REMEDY FOR BREACH OF ANY EXPRESS WARRANTY CONTAINED IN THIS ARTICLE VIVII. In no event shall HMRI or Rugby be liable under or with respect to this Agreement for any indirect, incidental, consequential, special or punitive damages of any kind, including loss of profits, including but not limited to due to breach of warranty, tort, breach or repudiation of any term or condition of this Agreement. CONFIDENTIAL TREATMENT - NOTED BY * AND STRIKE-THROUGH.

Exclusion of Other Warranties. EXCEPT WHERE OTHERWISE SET FORTH IN THIS AGREEMENT, SECTIONS 6.1, 6.2, 6.3, 6.4 7.1,7.2,7.3,7.4 AND 6.5 7.5 ARE IN LIEU OF ALL CONDITIONS, WARRANTIES AND STATEMENTS IN RESPECT OF PRODUCT AND IN RESPECT OF THE MANUFACTURING SERVICES PROVIDED HEREUNDER, WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM OF THE TRADE OR OTHERWISE (OTHERWISE, INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR ITS FITNESS FOR A PARTICULAR PURPOSE OR USE UNDER ANY CONDITIONS) , AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 8 HEREIN9 WITH RESPECT TO THIRD PARTY CLAIMS, REPLACEMENT OR REFUND OF ANY NONCONFORMING PRODUCT AND REASONABLE DOCUMENTED OUT OF OUT-OF-POCKET EXPENSES SHALL BE RUGBY'S PURCHASER’S SOLE REMEDY FOR BREACH OF ANY EXPRESS WARRANTY CONTAINED IN PROVISION OF THIS ARTICLE VIAGREEMENT. In Except for each party’s indemnification obligations pursuant to Sections 9.1 and 9.2 for Third Party Claims and injunctive relief permitted under Section 8.4, in no event shall HMRI Aventis or Rugby Purchaser and/or their respective Affiliates, be liable under or with respect to this Agreement Agreement, whether due to breach of warranty, tort, or repudiation of any term or condition or otherwise, for any indirect, incidental, consequential, special or punitive damages of any kind, including including, but not limited to, loss of profits, including but not limited provided however, in the event of Aventis’ failure to due to supply Product in accordance with the terms of this Agreement as a result of its gross negligence or intentional breach of warranty, tort, breach or repudiation of any term or condition of this Agreement, Purchaser shall be entitled to seek loss of profits as its damages for such intentional breach or gross negligence. CONFIDENTIAL TREATMENT - NOTED BY * AND STRIKE-THROUGH[*] Confidential treatment requested.

Exclusion of Other Warranties. EXCEPT WHERE OTHERWISE SET FORTH IN THIS AGREEMENT, SECTIONS 6.17.1, 6.27.2, 6.37.3, 6.4 7.4 AND 6.5 7.5 ARE IN LIEU OF ALL CONDITIONS, WARRANTIES AND STATEMENTS IN RESPECT OF PRODUCT AND IN RESPECT OF THE MANUFACTURING SERVICES PROVIDED HEREUNDER, WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM OF THE TRADE OR OTHERWISE (OTHERWISE, INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR ITS FITNESS FOR A PARTICULAR PURPOSE OR USE UNDER ANY CONDITIONS) , AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 8 HEREIN9 WITH RESPECT TO THIRD PARTY CLAIMS, REPLACEMENT OR REFUND OF ANY NONCONFORMING PRODUCT AND REASONABLE DOCUMENTED OUT OF OUT-OF-POCKET EXPENSES SHALL BE RUGBY'S PURCHASER’S SOLE REMEDY FOR BREACH OF ANY EXPRESS WARRANTY CONTAINED IN PROVISION OF THIS ARTICLE VIAGREEMENT. In Except for each party’s indemnification obligations pursuant to Sections 9.1 and 9.2 for Third Party Claims and injunctive relief permitted under Section 8.4, in no event shall HMRI Aventis or Rugby Purchaser and/or their respective Affiliates, be liable under or with respect to this Agreement Agreement, whether due to breach of warranty, tort, or repudiation of any term or condition or otherwise, for any indirect, incidental, consequential, special or punitive damages of any kind, including including, but not limited to, loss of profits; provided however, including but not limited in the event of Aventis’ failure to due to supply Product in accordance with the terms of this Agreement as a result of its gross negligence or intentional breach of warranty, tort, breach or repudiation of any term or condition of this Agreement. CONFIDENTIAL TREATMENT - NOTED BY * AND STRIKE-THROUGH, Purchaser shall be entitled to seek loss of profits as its damages for such intentional breach or gross negligence.

Exclusion of Other Warranties. EXCEPT WHERE OTHERWISE SET FORTH IN THIS AGREEMENT, SECTIONS 6.1, 6.2, 6.3, 6.4 AND 6.5 ARE IN LIEU OF ALL CONDITIONS, WARRANTIES AND STATEMENTS IN RESPECT OF PRODUCT AND IN RESPECT OF THE MANUFACTURING SERVICES PROVIDED HEREUNDER, WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM OF THE TRADE OR OTHERWISE (INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR ITS FITNESS FOR A PARTICULAR PURPOSE OR USE UNDER ANY CONDITIONS) AND ANY SUCH CONDITION, WARRANTY OR STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 8 HEREIN, REPLACEMENT OF ANY NONCONFORMING PRODUCT AND REASONABLE DOCUMENTED OUT OF POCKET EXPENSES SHALL BE RUGBY'S SOLE REMEDY FOR BREACH OF ANY EXPRESS WARRANTY CONTAINED IN THIS ARTICLE VI. In no event shall HMRI or Rugby be liable under or with respect to this Agreement for any indirect, incidental, consequential, special or punitive damages of any kind, including loss of profits, including but not limited to due to breach of warranty, tort, breach or repudiation of any term or condition of this Agreement. CONFIDENTIAL TREATMENT - NOTED BY * AND STRIKE-THROUGH"*SEE PAGE ONE OF EXHIBIT"

Exclusion of Other Warranties. EXCEPT WHERE OTHERWISE SET FORTH IN THIS AGREEMENT, SECTIONS 6.17.1, 6.27.2, 6.37.3, 6.4 7.4 AND 6.5 7.5 ARE IN LIEU OF ALL CONDITIONS, WARRANTIES AND STATEMENTS IN RESPECT OF PRODUCT AND IN RESPECT OF THE MANUFACTURING SERVICES PROVIDED HEREUNDER, WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM OF THE TRADE OR OTHERWISE (INCLUDING BUT WITHOUT LIMITATION ANY SUCH CONDITION, WARRANTY OR STATEMENT RELATING TO THE DESCRIPTION OR QUALITY OF PRODUCT, ITS MERCHANTABILITY OR ITS FITNESS FOR A PARTICULAR PURPOSE OR USE UNDER ANY CONDITIONS) AND ANY SUCH CONDITION, WARRANTY OR PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO THE COMPANY'S APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934. STATEMENT IS HEREBY EXCLUDED. EXCEPT AS PROVIDED IN ARTICLE 8 IX HEREIN, REPLACEMENT OF ANY NONCONFORMING PRODUCT AND REASONABLE DOCUMENTED OUT OF OUT-OF-POCKET EXPENSES SHALL BE RUGBYKING'S SOLE REMEDY FOR BREACH OF ANY EXPRESS WARRANTY CONTAINED IN THIS ARTICLE VIVII. In no event shall HMRI Supplier or Rugby King be liable under or with respect to this Agreement for any indirect, incidental, consequential, special or punitive damages of any kind, including including, but not limited to, loss of profits, including including, but not limited to to, due to breach of warranty, tort, breach or repudiation of any term or condition of this Agreement. CONFIDENTIAL TREATMENT - NOTED BY * AND STRIKE-THROUGH.