NO BUYER CLAIMS. Buyer shall not be entitled to make any Claim or Warranty Claim in any of the following circumstances: (A) To the extent that Buyer has already been compensated for the matter or liability which would otherwise give rise to such Claim or Warranty Claim pursuant to other provisions of this Agreement. (B) In respect of matters or circumstances disclosed by Seller to Buyer including information disclosed in the Data Room and this Agreement. (C) To the extent that such Claim or Warranty Claim arises as a result of any change in, or in the judicial interpretation of, applicable law or an enactment or repeal of legislation or regulation, taking effect after the Closing Date or the withdrawal of any extra statutory concessions previously made (whether or not the change proposes to be effective retrospectively in whole or in part) or the act of the Government. (D) To the extent that such Claim or Warranty Claim arises as a result of a circumstance which arose with the written consent of Buyer or due to any act or omission of Buyer. (E) If any Claim or Warranty Claim arises or is increased as a result of the conduct of operations in respect of the Assets in accordance with normal terminal operating practice.
Appears in 2 contracts
Samples: Asset Sale and Purchase Agreement, Asset Sale and Purchase Agreement (Tesoro Logistics Lp)
NO BUYER CLAIMS. Buyer shall not be entitled to make any Claim or Warranty Claim in any of the following circumstances:
(A) To the extent that Buyer has already been compensated for the matter or liability which would otherwise give rise to such Claim or Warranty Claim pursuant to other provisions of this Agreement.
(B) In respect of matters or circumstances disclosed by Seller to Buyer including information disclosed in the Data Room and this Agreement.
(C) To the extent that such Claim or Warranty Claim arises as a result of any change in, or in the judicial interpretation of, applicable law or an enactment or repeal of legislation or regulation, taking effect after the Closing Date or the withdrawal of any extra statutory concessions previously made (whether or not the change proposes to be effective retrospectively in whole or in part) or the act of the Government.
(D) To the extent that such Claim or Warranty Claim arises as a result of a circumstance which arose with the written consent of Buyer or due to any act or omission of Buyer.
(E) If any Claim or Warranty Claim arises or is increased as a result of the conduct of operations in respect of the Assets in accordance with normal terminal pipeline operating practice.
Appears in 2 contracts
Samples: Asset Sale and Purchase Agreement, Asset Sale and Purchase Agreement (Tesoro Logistics Lp)