Common use of No Other Representations or Warranties; Disclosed Materials Clause in Contracts

No Other Representations or Warranties; Disclosed Materials. Except for the representations and warranties contained in this Agreement (as qualified by the Schedules), neither SM Energy nor any other Person makes (and Buyer is not relying upon) any other express or implied representation or warranty with respect to SM Energy (including the value, condition or use of any of the Assets) or the transactions contemplated by this Agreement, and SM Energy disclaims any other representations or warranties not contained in this Agreement, whether made by SM Energy, any Affiliate of SM Energy, or any of their respective officers, directors, managers, employees or agents. Except for the representations and warranties contained in this Agreement (as qualified by the Schedules), SM Energy disclaims all liability and responsibility for any representation, warranty, projection, forecast, statement or information made, communicated or furnished (orally or in writing) to Buyer or any of its Affiliates or any of its officers, directors, managers, employees or agents (including any opinion, information, projection or advice that may have been or may be provided to Buyer by any director, officer, employee, agent, consultant or representative of SM Energy, or any of its Affiliates). The disclosure of any matter or item in the Schedules shall not be deemed to constitute an acknowledgement that any such matter is required to be disclosed or is material or that such matter would or would reasonably be expected to result in a Material Adverse Effect.

No Other Representations or Warranties; Disclosed Materials. Except for the representations and warranties contained in this Agreement and the certificate to be delivered by SM at Closing pursuant to Section 11.3(h) (in each case, as qualified by the Schedules)) and the special warranty of title contained in the Assignment, neither SM Energy nor any other Person makes (and Buyer is Buyers are not relying upon) any other express or implied representation or warranty with respect to SM Energy (including the value, condition or use of any of the Assets) or the transactions contemplated by this Agreement, and SM Energy disclaims any other representations or warranties not contained in this Agreementwarranties, whether made by SM EnergySM, any Affiliate of SM EnergySM, or any of their respective officers, directors, managers, employees or agents. Except for the representations and warranties contained in this Agreement and the certificate to be delivered by SM at Closing pursuant to Section 11.3(h) (in each case, as qualified by the Schedules)) and the special warranty of title contained in the Assignment, SM Energy disclaims all liability and responsibility for any representation, warranty, projection, forecast, statement or information made, communicated or furnished (orally or in writing) to Buyer Buyers or any of its their Affiliates or any of its their officers, directors, managers, employees or agents (including any opinion, information, projection or advice that may have been or may be provided to Buyer Buyers by any director, officer, employee, agent, consultant or representative of SM EnergySM, or any of its Affiliates). The disclosure of any matter or item in the Schedules shall not be deemed to constitute an acknowledgement that any such matter is required to be disclosed or is material or that such matter would or would reasonably be expected to result in a Material Adverse Effect.