Common use of Independent Investigation; No Other Representations or Warranties Clause in Contracts

Independent Investigation; No Other Representations or Warranties. SEP acknowledges that in making the decision to enter into this Agreement and to consummate the Transactions, SEP has relied solely on (a) the basis of its own independent investigation of the Express U.S. Pipeline System, its components and the risks related thereto and (b) upon the express written representations, warranties and covenants in this Agreement. Without limiting the foregoing, SEP expressly acknowledges the provisions set forth in Section 5.26. Except for the representations and warranties contained in this Article VI, none of SEP, any of its Affiliates, any of its or their respective stockholders, trustees or Representatives, and any other Person has made or is making any other representation or warranty of any kind or nature whatsoever, oral or written, express or implied, with respect to SEP or its Affiliates, or its or their respective businesses, the Total Unit Consideration, this Agreement, the other Transaction Documents to which SEP is or will be a party or the Transactions. Except for the representations and warranties contained in this Article VI, (i) SEP disclaims, on behalf of itself and its Affiliates, any other representations or warranties, whether made by SEP, any of its Affiliates, any of their respective stockholders, trustees or Representatives or any other Person and (ii) SEP disclaims, on behalf of itself and its Affiliates, all Liabilities and responsibility for any other representation, warranty, opinion, projection, forecast, advice, statement or information made, communicated or furnished (orally or in writing) to Contributor or its Affiliates.

Independent Investigation; No Other Representations or Warranties. SEP SE Corp acknowledges that in making the decision to enter into this Agreement and to consummate the Transactions, SEP SE Corp has relied solely on (a) the basis of its own independent investigation of the Express U.S. Pipeline System, its components Sand Hills and Southern Hills and the risks related thereto and (b) upon the express written representations, warranties and covenants in this Agreement. Without limiting the foregoing, SEP SE Corp expressly acknowledges the provisions set forth in Section 5.263.8. Except for the representations and warranties contained in this Article VIIV, none of SEPSE Corp, any of its Affiliates, any of its or their respective stockholdersequity holders, trustees or Representatives, and any other Person has made or is making any other representation or warranty of any kind or nature whatsoever, oral or written, express or implied, with respect to SEP SE Corp or its Affiliates, or its or their respective businesses, the Total Unit Consideration, this Agreement, the other Transaction Documents to which SEP is or will be a party or the Transactions. Except for the representations and warranties contained in this Article VIIV, (i) SEP SE Corp disclaims, on behalf of itself and its Affiliates, (i) any other representations or warranties, whether made by SEPSE Corp, any of its Affiliates, any of their respective stockholdersequity holders, trustees or Representatives or any other Person and (ii) SEP disclaims, on behalf of itself and its Affiliates, all Liabilities and responsibility for any other representation, warranty, opinion, projection, forecast, advice, statement or information made, communicated or furnished (orally or in writing) to Contributor SEP or its Affiliates.

Independent Investigation; No Other Representations or Warranties. SEP acknowledges that in making the decision to enter into this Agreement and to consummate the Transactions, SEP has relied solely on (a) the basis of its own independent investigation of the Express U.S. Pipeline SystemCompanies and the Company Systems, its the Company Systems’ components and the risks related thereto and (b) upon the express written representations, warranties and covenants in this Agreement. Without limiting the foregoing, SEP expressly acknowledges the provisions set forth in Section 5.264.23. Except for the representations and warranties contained in this Article VIV, none of SEP, any of its Affiliates, any of its or their respective stockholders, trustees or Representatives, and any other Person has made or is making any other representation or warranty of any kind or nature whatsoever, oral or written, express or implied, with respect to SEP or its Affiliates, or its or their respective businesses, the Total Unit Consideration, this Agreement, the other Transaction Documents to which SEP is or will be a party or the Transactions. Except for the representations and warranties contained in this Article VIV, (i) SEP disclaims, on behalf of itself and its Affiliates, any other representations or warranties, whether made by SEP, any of its Affiliates, any of their respective stockholders, trustees or Representatives or any other Person and (ii) SEP disclaims, on behalf of itself and its Affiliates, all Liabilities and responsibility for any other representation, warranty, opinion, projection, forecast, advice, statement or information made, communicated or furnished (orally or in writing) to SE Corp or to any Contributor or its or their respective Affiliates.. 45

Independent Investigation; No Other Representations or Warranties. SEP Buyer acknowledges that in making the decision to enter into this Agreement and to consummate the Transactions, SEP Buyer has relied solely on (a) the basis of its own independent investigation of the Express U.S. Canada Pipeline System, its components and the risks related thereto and (b) upon the express written representations, warranties and covenants in this Agreement. Without limiting the foregoing, SEP Buyer expressly acknowledges the provisions set forth in Section 5.26. Except for the representations and warranties contained in this Article VI, none of SEP, neither Buyer nor any of its Affiliates, Affiliates nor any of its or their respective stockholders, trustees or Representatives, and nor any other Person has made or is making any other representation or warranty of any kind or nature whatsoever, oral or written, express or implied, with respect to SEP or Buyer, its Buying Affiliates, or its or and their respective Affiliates, their respective businesses, the Total Unit Consideration, this Agreement, the other Transaction Documents to which SEP Buyer or any of its Buying Affiliates is or will be a party or the Transactions. Except for the representations and warranties contained in this Article VI, (i) SEP Buyer disclaims, on behalf of itself itself, its Buying Affiliates and its and their respective Affiliates, any other representations or warranties, whether made by SEPBuyer, its Buying Affiliates, any of its their respective Affiliates, any of their respective stockholders, trustees or Representatives or any other Person and (ii) SEP Buyer disclaims, on behalf of itself itself, its Buying Affiliates and its and their respective Affiliates, all Liabilities and responsibility for any other representation, warranty, opinion, projection, forecast, advice, statement or information made, communicated or furnished (orally or in writing) to Contributor Seller or its SE Capital Funding or their respective Affiliates.

Independent Investigation; No Other Representations or Warranties. SEP acknowledges that in making the decision to enter into this Agreement and to consummate the Transactions, SEP has relied solely on (a) the basis of its own independent investigation of the Express U.S. Pipeline SystemCompanies and the Company Systems, its the Company Systems’ components and the risks related thereto and (b) upon the express written representations, warranties and covenants in this Agreement. Without limiting the foregoing, SEP expressly acknowledges the provisions set forth in Section 5.264.23. Except for the representations and warranties contained in this Article VIV, none of SEP, any of its Affiliates, any of its or their respective stockholders, trustees or Representatives, and any other Person has made or is making any other representation or warranty of any kind or nature whatsoever, oral or written, express or implied, with respect to SEP or its Affiliates, or its or their respective businesses, the Total Unit Consideration, this Agreement, the other Transaction Documents to which SEP is or will be a party or the Transactions. Except for the representations and warranties contained in this Article VIV, (i) SEP disclaims, on behalf of itself and its Affiliates, any other representations or warranties, whether made by SEP, any of its Affiliates, any of their respective stockholders, trustees or Representatives or any other Person and (ii) SEP disclaims, on behalf of itself and its Affiliates, all Liabilities and responsibility for any other representation, warranty, opinion, projection, forecast, advice, statement or information made, communicated or furnished (orally or in writing) to SE Corp or to any Contributor or its or their respective Affiliates.

Independent Investigation; No Other Representations or Warranties. SEP acknowledges Buyer and its Buying Affiliates acknowledge that in making the decision to enter into this Agreement and to consummate the Transactions, SEP has Buyer and its Buying Affiliates have relied solely on (ai) the basis of its their own independent investigation of the Express U.S. Pipeline System, its components and the risks related thereto and (bii) upon the express written representations, warranties and covenants in this Agreement. Without limiting the foregoing, SEP Buyer and its Buying Affiliates expressly acknowledges acknowledge the provisions set forth in Section 5.26. Except for the representations and warranties contained in this Article VI, none of SEPneither Buyer, any of its Buying Affiliates, any of its or their respective Affiliates nor any of their respective stockholders, trustees or Representatives, and nor any other Person has made or is making any other representation or warranty of any kind or nature whatsoever, oral or written, express or implied, with respect to SEP or Buyer, its Buying Affiliates, or its or their respective Affiliates, their respective businesses, the Total Unit Consideration, this Agreement, the other Transaction Documents to which SEP Buyer or any of its Buying Affiliates is or will be a party or the Transactions. Except for the representations and warranties contained in this Article VI, (ia) SEP Buyer disclaims, on behalf of itself itself, its Buying Affiliates and its their respective Affiliates, any other representations or warranties, whether made by SEPBuyer, its Buying Affiliates, any of its their respective Affiliates, any of their respective stockholders, trustees or Representatives or any other Person and (iib) SEP Buyer disclaims, on behalf of itself itself, its Buying Affiliates and its their respective Affiliates, all Liabilities and responsibility for any other representation, warranty, opinion, projection, forecast, advice, statement or information made, communicated or furnished (orally or in writing) to Contributor the Sellers or its their respective Affiliates.