Common use of No Other Warranties Clause in Contracts

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARIESSUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIESSUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARIESSUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES SUBSIDIARY OR THE ACQUIRED INTERESTS.

No Other Warranties. (a) EXCEPT FOR THE WARRANTIES AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE PARTIES MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIESANY KIND, WHETHER STATUTORY, WRITTEN OR ORAL, EITHER EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES , AND PARTICULARLY THAT PRODUCT(S) WILL BE SUCCESSFULLY DEVELOPED HEREUNDER, AND IF PRODUCT(S) ARE DEVELOPED, WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOSUCH PRODUCT(S), THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, PARTIES DISCLAIM ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. (b) uniQure acknowledges that UC has not warranted to 4DMT under the UCB Agreements as to the validity of any Patent Rights or that practice under such Patent Rights shall be free of infringement. UNIQURE, ITS AFFILIATES AND ITS SUBLICENSEE(S) AGREE THAT (I) THE LICENSES GRANTED PURSUANT TO THE UCB AGREEMENTS, THE UC AAV CAPSID VARIANTS, AND WARRANTIES ARISING FROM COURSE THE ASSOCIATED INVENTIONS ARE PROVIDED WITHOUT WARRANTY OF DEALING MERCHANTABILITY OR USAGE OF TRADEFITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER EXPRESSED OR IMPLIED; (II) UC MAKES NO REPRESENTATION OR WARRANTY THAT ANY INVENTION CLAIMED BY THE UC PATENT RIGHTS, THE UC AAV CAPSID VARIANTS, THE UC PATENT RIGHTS, OR THE UC PRODUCTS WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT; AND (III) IN NO EVENT WILL UC BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM EXERCISE OF THE LICENSES GRANTED PURSUANT TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS THE UCB AGREEMENTS OR FORWARD LOOKING STATEMENTS THE USE OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCOINVENTION CLAIMED BY THE UC PATENT RIGHTS, THE SUBSIDIARIESUC AAV CAPSID VARIANTS, THE ASSETS OF HOLDCOUC PATENT RIGHTS, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTSUC PRODUCTS.

No Other Warranties. Except as otherwise set forth in Section 7.1 and 7.2, nothing in this Agreement shall be construed as a warranty or representation by Dyax that the use of the Dyax Libraries or Dyax Library Materials and the practice of the patent rights and know-how licensed or sublicensed to Merrimack hereunder will result in any Dyax Antibodies or Products, or as a warranty or representation by Dyax that the exploitation of any of the foregoing will be free from infringement of patents of Third Parties. EXCEPT FOR THE WARRANTIES AS OTHERWISE SET FORTH HEREININ SECTION 7.1 and 7.2 ABOVE, NEITHER PARTY HERETO MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY OF THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. PATENT RIGHTS, MATERIALS (INCLUDING WITHOUT LIMITATION THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE DYAX LIBRARIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN DYAX MATERIALS) OR ORALKNOW-HOW LICENSED HEREUNDER, EXPRESS OR IMPLIED; SELLER PROVIDES NO , EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, OR THAT ANY PRODUCT OR SERVICE MADE, USED, SOLD, OR OTHERWISE DISPOSED OF UNDER ANY LICENSE OR SUBLICENSE GRANTED IN THIS AGREEMENT IS OR WILL BE FREE FROM INFRINGEMENT OF ANY PATENT RIGHTS OR OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTSINTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. EACH PARTY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF VALIDITY OR SCOPE OF SUCH PATENT RIGHTS, MATERIALS OR KNOW-HOW, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL NON-INFRINGEMENT OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS THE INTELLECTUAL PROPERTY RIGHTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTSTHIRD PARTY.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOTHE PROJECTS, THE SUBSIDIARIESACQUIRED COMPANIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIESACQUIRED COMPANIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3SECTION 3.01, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONSSeller makes no representation or warranty to Purchaser with respect to any financial projections, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCOforecasts or forward looking statements of any kind or nature whatsoever relating to the Projects, THE SUBSIDIARIES, THE ASSETS OF HOLDCOthe ACQUIRED COMPANIES, THE ASSETS OF THE SUBSIDIARIES ACQUIRED COMPANIES OR THE ACQUIRED INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINThe Purchaser acknowledges and agrees that no other express warranties whatsoever apply to the structure of the Home and items that are functionally part of the Home. Except as provided in this Agreement, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL NEITHER SELLER NOR BUILDER MAKES ANY OTHER REPRESENTATIONS OR WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORALOF ANY NATURE, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT , INCLUDING, BUT LIMITED TO, THOSE OF WORKMANLIKE CONSTRUCTION, HABITABILITY, DESIGN, CONDITION, QUALITY OR OTHERWISE AS TO THE ACQUIRED INTERESTS, HOLDCO, PROPERTY AND THE SUBSIDIARIES, THE ASSETS HOME AND OTHER IMPROVEMENTS CONSTRUCTED THEREON AND EACH OF HOLDCO SELLER AND BUILDER HEREBY EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMEDWARRANTIES. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN ARTICLE 3THIS AGREEMENT, SELLER MAKES NO REPRESENTATION CLIENT HEREBY ACKNOWLEDGES SUCH DISCLAIMER AND, TO THE FULLEST EXTENT PERMITTED BY LAW, (A) WAIVES ANY AND ALL CLAIMS RELATING TO DAMAGE TO OR WARRANTY DEFECTS IN THE HOME OR ANY IMPROVEMENTS, FIXTURES, APPLIANCES OR OTHER PERSONAL PROPERTY IN THE HOME, WHETHER ARISING UNDER COMMON LAW OR STATUTE, WHETHER BASED ON BREACH OF WARRANTY, TORT, OR ANY OTHER THEORY AT LAW OR IN EQUITY; AND (B) WAIVES ALL RIGHTS TO PURCHASER WITH RESPECT DAMAGES, WHETHER ACTUAL, SPECIAL CONSEQUENTIAL, PUNITIVE OR OTHERWISE, OR OTHER REMEDIES OR RELIEF RELATED TO ANY FINANCIAL PROJECTIONS, FORECASTS SUCH DAMAGE OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTSDEFECT.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINUNDER THIS SECTION 7, ANY AND ALL CONFIDENTIAL INFORMATION, DOCUMENTS AND OTHER MATERIALS DISCLOSED OR DELIVERED BY ONE PARTY TO THE ACQUIRED INTERESTS ARE BEING SOLD OTHER HEREUNDER IS DONE ON AN “AS IS,IS BASIS” “WHERE IS” BASIS. THE WITHOUT ANY ADDITIONAL REPRESENTATIONS, WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OR CONDITIONS OF ALL OTHER WARRANTIESANY KIND, WHETHER STATUTORYEXPRESS, WRITTEN IMPLIED STATUTORY OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, OTHERWISE AND EACH PARTY HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMEDNON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER XX. XXXXXXXX MAKES NO REPRESENTATION REPRESENTATIONS OR WARRANTY WARRANTIES WHATSOEVER THAT ANY OF THE PATENTS COVERED BY THIS AGREEMENT ARE EITHER VALID OR ARE NOT INFRINGED BY ANY THIRD PARTY. XX. XXXXXXXX MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER THAT PRODUCTS MADE ACCORDING TO PURCHASER WITH RESPECT TO THE PATENTS COVERED BY THIS AGREEMENT DO NOT INFRINGE ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS RIGHTS OF ANY KIND OR NATURE WHATSOEVER RELATING THIRD PARTY. JUNIPER HEREBY ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO HOLDCO, REVIEW AND CONDUCT DUE DILIGENCE ON THE SUBSIDIARIES, ASSIGNED PATENTS INCLUDING ANY PATENT FILES RELATED TO THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTSASSIGNED PATENTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOTHE COMPANY, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIESCOMPANY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCOTHE COMPANY, THE SUBSIDIARIES, THE ASSETS OF HOLDCO, OR THE ASSETS OF THE SUBSIDIARIES COMPANY, OR THE ACQUIRED INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3SECTION 9.1 and 9.2, SELLER SLX MAKES NO REPRESENTATION WARRANTIES OR WARRANTY TO PURCHASER REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUE OR OTHERWISE, AND THE SUBLICENSED IP, LICENSED PROGRAM PRODUCTS (AND THE COMPOUNDS THEREIN), TANGIBLE MATERIALS AND REGULATORY FILES ARE PROVIDED “AS IS” WITH RESPECT NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. SLX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY FINANCIAL PROJECTIONSWARRANTIES OF MERCHANTABILITY, FORECASTS FITNESS FOR PARTICULAR PURPOSE, OR FORWARD LOOKING STATEMENTS NON-INFRINGEMENT. SLX DOES NOT WARRANT THE PERFORMANCE OF ANY KIND LICENSED PROGRAM PRODUCT, INCLUDING THEIR SAFETY, EFFECTIVENESS OR NATURE WHATSOEVER RELATING COMMERCIAL VIABILITY. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO HOLDCOCERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK ***, HAS BEEN FILED SEPARATELY WITH THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTS.SECURITIES AND EXCHANGE COMMISSION

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINPRODUCT WARRANTY EXPRESSLY PROVIDED ABOVE IN ARTICLE 5.1, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU WITH RESPECT TO EACH SALE OF ALL PRODUCT, SELLER MAKES NO OTHER WARRANTIESREPRESENTATION, WHETHER STATUTORY, WRITTEN GUARANTEE OR ORALWARRANTY, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING REGARDING THE PRODUCT AND, IN PARTICULAR AND WITHOUT LIMITATION, SELLER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WHETHER USED SINGLY OR IN COMBINATION WITH OTHER SUBSTANCES OR IN ANY PROCESS OR OTHERWISE. WITH RESPECT TO HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS EACH SALE OF THE SUBSIDIARIES WASHWATER PROVIDED BY BUYER TO SELLER, BUYER MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE REGARDING THE ACQUIRED INTERESTSWASHWATER AND, IN PARTICULAR AND WITHOUT LIMITATION, BUYER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WHETHER USED SINGLY OR IN COMBINATION WITH OTHER SUBSTANCES OR IN ANY PROCESS OR OTHERWISE.

No Other Warranties. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH STATED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO SUPPLIER’S GOODS AND SERVICES AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO . ALL OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIESARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES LIMITATION THOSE OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES SPECIFIC PURPOSE (WHETHER ARISING FROM STATUTE, OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING DEALING, OR USAGE OF TRADE) OR NONINFRINGEMENT. THIS WARRANTY IS NOT TRANSFERABLE FROM THE ORIGINAL PURCHASER TO A SUBSEQUENT OWNER. FURTHER, ALL SUPPLIER IS NOT LIABLE IN CASES OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3DELIBERATE, SELLER MAKES NO REPRESENTATION NEGLIGENT OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS ACCIDENTAL MISUSE OF THE SUBSIDIARIES GOODS, USE WITH INAPPROPRIATE REAGENTS OR THE ACQUIRED INTERESTSCONSUMABLES, DAMAGE CAUSED BY DISASTER, REPAIR OR MODIFICATIONS DONE BY ANYONE OTHER THAN SUPPLIER.

No Other Warranties. 8.2.1 NOTHING CONTAINED HEREIN SHALL BE DEEMED TO BE A WARRANTY BY HARVARD THAT PATENTS WILL ISSUE ON PATENT APPLICATIONS INCLUDED IN THE LICENSED PATENT RIGHTS, OR THAT ANY OF THE LICENSED PATENT RIGHTS WILL AFFORD ADEQUATE OR COMMERCIALLY WORTHWHILE PROTECTION. 8.2.2 HARVARD MAKES NO WARRANTIES WHATSOEVER AS TO THE COMMERCIAL OR SCIENTIFIC VALUE OF THE LICENSED PATENT RIGHTS OR LICENSED KNOW-HOW. HARVARD MAKES NO REPRESENTATION THAT THE PRACTICE OF THE LICENSED PATENT RIGHTS OR THE DEVELOPMENT, MANUFACTURE, USE, SALE OR IMPORTATION OF ANY LICENSED PRODUCT, OR ANY ELEMENT THEREOF, WILL NOT INFRINGE ANY PATENT OR PROPRIETARY RIGHTS. 8.2.3 EXCEPT FOR THE WARRANTIES SET FORTH HEREINAS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES NEITHER PARTY MAKES ANY WARRANTY WITH RESPECT TO THE ACQUIRED INTERESTSANY TECHNOLOGY, HOLDCOPATENTS, THE SUBSIDIARIESGOODS, THE ASSETS SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED THIS AGREEMENT AND EACH PARTY HEREBY DISCLAIMS WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER NONINFRINGEMENT WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS AND ALL OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTSFOREGOING.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOTHE COMPANY, THE SUBSIDIARIES, THE ASSETS OF HOLDCO THE COMPANY, OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCOTHE COMPANY, THE SUBSIDIARIES, THE ASSETS OF HOLDCOTHE COMPANY, THE ASSETS OF THE SUBSIDIARIES SUBSIDIARIES, OR THE ACQUIRED INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOTHE COMPANY, THE SUBSIDIARIESHOLDINGS, HPR II, THE ASSETS OF HOLDCO THE COMPANY, THE ASSETS OF HOLDINGS OR THE ASSETS OF THE SUBSIDIARIESHPR II, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCOTHE COMPANY, THE SUBSIDIARIESHOLDINGS, THE ASSETS OF HOLDCOHPR II, THE ASSETS OF THE SUBSIDIARIES COMPANY, THE ASSETS OF HOLDINGS, THE ASSETS OF HPR II OR THE ACQUIRED INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOTHE COMPANY, THE SUBSIDIARIESPROJECT, THE RXXXX ENTITIES, THE ASSETS OF HOLDCO THE COMPANY, OR THE ASSETS OF THE SUBSIDIARIESRXXXX ENTITIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3SECTION 3.01, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONSSeller makes no representation or warranty to Purchaser with respect to any financial projections, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCOforecasts or forward looking statements of any kind or nature whatsoever relating to the Company, THE SUBSIDIARIESthe Project, THE ASSETS OF HOLDCOthe Rxxxx Entities, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTSthe assets of the Company, the assets of the Rxxxx Entities or the Acquired Interests.

No Other Warranties. EXCEPT FOR THIS LIMITED WARRANTY IS THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASISONLY WARRANTY MADE BY DEVELOPER. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO WHETHER ARISING UNDER STATE LAW OR THE ASSETS OF THE SUBSIDIARIESMAGNUSON-MOSS ACX, INCLUDING WITHOUT LIMITATIONXX XXX XXXER FEDERAL ACT OR REGULATIONS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY OR HABITABILITY, ARE DISCLAIMED AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMEDEXCLUDED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3THIS LIMITED WARRANTY. DEVELOPER HAS MADE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE UNIT, SELLER MAKES NO REPRESENTATION THE CONDOMINIUM, THE VALUE OR WARRANTY TO RESALE VALUE OF THE UNIT, THE REAL ESTATE ADJACENT TO, OR IN CLOSE PROXIMITY WITH, THE CONDOMINIUM OR THE CONDITION OF THE AIR, THE SOILS, SURFACE WATERS, AND GROUND WATERS IN, ON, OR UNDER THE UNIT, THE CONDOMINIUM OR SUCH ADJACENT OR PROXIMATE REAL ESTATE. PURCHASER HAS MADE THEIR OWN INVESTIGATION WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTSFOREGOING.

No Other Warranties. PUMATECH DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, EXPRESS LIMITED WARRANTY IN THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,LIMITED WARRANTY” “WHERE IS” BASISSECTION. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF PUMATECH DISCLAIMS ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTSSOFTWARE, HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO EITHER EXPRESS OR THE ASSETS OF THE SUBSIDIARIESIMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OF LIMITATION OF INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND WARRANTIES ARISING YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COURSE OF DEALING JURISDICTION TO JURISDICTION. No Liability for Consequential Damages: IN NO EVENT SHALL PUMATECH BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS ARISING OUT OF THE SUBSIDIARIES PERFORMANCE OR USE OF THE ACQUIRED INTERESTSSOFTWARE, EVEN IF PUMATECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN DELTA-T COCKPIT IS PROVIDED "AS IS" AND “AS IS,” “WHERE IS” BASISAVAILABLE”. THE DELTA MAKES NO REPRESENTATIONS OR WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES ANY KIND WITH RESPECT TO THE ACQUIRED INTERESTSDELTA-T COCKPIT, HOLDCOWHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION ANY WARRANTIES THAT THE SUBSIDIARIESDELTA-T COCKPIT WILL BE UNINTERRUPTED, THE ASSETS ERROR FREE OR FREE OF HOLDCO HARMFUL COMPONENTS, OR THE ASSETS OF THE SUBSIDIARIES, THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. DELTA DISCLAIMS ALL WARRANTIES OR CONDITIONS INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, INTERFERENCE WITH ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, TITLE, OR NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING DEALING, USAGE OR USAGE OF TRADETRADE PRACTICE. LICENSEE ACKNOWLEDGES AND AGREES THAT DELTA EXERCISES NO CONTROL OVER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3AND ACCEPTS NO RESPONSIBILITY FOR, SELLER MAKES NO REPRESENTATION LICENEE’S COMPLIANCE WITH ANY LAW OR WARRANTY REGULATION APPLICABLE TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS LICENSEE OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTSLICENSEE’S USERS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINWARRANTY PROVIDED HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY WITH RESPECT TO MWSTS PRODUCTS AND SUPERSEDES ANY AND ALL OTHER WARRANTIES, THE ACQUIRED INTERESTS ORAL OR WRITTEN, OF ANY TYPE RELATING TO MWSTS PRODUCTS. ANY PRODUCTS OF MWSTS NOT COVERED BY THIS WARRANTY ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASISWITHOUT WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND GREENFIELDS HEREBY DISCLAIMS THE SAME. THE WARRANTIES REMEDY OF CREDIT TOWARD A REPLACEMENT MWSTS PRODUCT OF EQUIVALENT GRADE SET FORTH HEREIN ARE EXCLUSIVE IN SECTION 2 OF THIS LIMITED WARRANTY IS THE SOLE OBLIGATION OF MWSTS, AND ARE IN LIEU THE SOLE REMEDY OF ALL OTHER WARRANTIESPURCHASER, WHETHER STATUTORYUNDER THE WARRANTY PROVIDED HEREIN. EXCEPT AS PROVIDED HEREIN, WRITTEN XXXXXXXXXXX MAKES NO REPRESENTATIONS OR ORALWARRANTIES OF ANY KIND, NATURE OR DESCRIPTION WITH RESPECT TO ANY OF ITS PRODUCTS, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOINCLUDING, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS OF ANY OF THE PRODUCTS FOR A ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, GREENFIELDS HEREBY DISCLAIMS THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTSSAME.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINAS EXPRESSLY WARRANTED IN THIS AGREEMENT, THE ACQUIRED INTERESTS PRODUCTS AND THE LICENSED PRODUCTS, AND ANY OTHER MATERIALS, SOFTWARE, DATA AND/OR SERVICES PROVIDED BY BERKSHIRE GREY ARE BEING SOLD HEREUNDER ON AN PROVIDED “AS IS” AND “WITH ALL FAULTS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF BERKSHIRE GREY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, WRITTEN OR ORALINCLUDING, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTSBUT NOT LIMITED TO, HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND TITLE, NONINFRINGEMENT, MERCHANTABILITY, SYSTEM INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER IS RESPONSIBLE FOR IMPLEMENTING APPROPRIATE PROCEDURES TO MAKE ONSITE BACK-UP COPIES OF CUSTOMER’S PROGRAM FILES AND DATA FILES TO MINIMIZE ANY DAMAGE THAT MIGHT ARISE FROM AN ERROR OR DEFECT IN THE EQUIPMENT OR THE LICENSED PRODUCTS. NO WARRANTY IS MADE BY BERKSHIRE GREY ON THE BASIS OF TRADE USAGE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE COURSE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, BERKSHIRE GREY DOES NOT WARRANT THAT THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES EQUIPMENT OR THE ACQUIRED INTERESTSLICENSED PRODUCTS OR ANY OTHER INFORMATION, MATERIALS, TECHNOLOGY OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARIESPROJECT COMPANY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIESPROJECT COMPANY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARIESPROJECT COMPANY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES PROJECT COMPANY OR THE ACQUIRED INTERESTS.

No Other Warranties. (a) EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THOSE REPRESENTATIONS AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3III OF THIS AGREEMENT OR IN ANY CERTIFICATE DELIVERED AT CLOSING, SELLER MAKES NO NEITHER SELLERS NOR THE ACQUIRED ENTITIES MAKE ANY REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING NATURE, EXPRESS OR IMPLIED, AS TO HOLDCOTHE MEMBERSHIP INTERESTS, ANY ACQUIRED ENTITY, THE SUBSIDIARIESFACILITY ASSETS, THE ASSETS OF HOLDCOPLANT, OR THE PLANT SITE, THE ASSETS OWNERSHIP, OPERATION, OR MAINTENANCE OF THE SUBSIDIARIES PLANT, THE FACILITY ASSETS, OR THE PLANT SITE. (b) WITHOUT LIMITING THE FOREGOING, AND EXCEPT FOR THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLE III OF THIS AGREEMENT, IN ANY CERTIFICATE DELIVERED AT CLOSING AND IN THE OTHER SELLERS DOCUMENTS, NEITHER SELLERS NOR THE ACQUIRED ENTITIES MAKE ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, USAGE, OR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE PLANT, THE FACILITY ASSETS, THE PLANT SITE, OR ANY PART THEREOF, OR AS TO THE WORKMANSHIP THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, OR COMPLIANCE OF SUCH PROPERTIES OR ASSETS WITH ANY LAWS, INCLUDING ENVIRONMENTAL LAWS, OR AS TO THE CONDITION OF THE ACQUIRED ENTITIES, THE PLANT, THE FACILITY ASSETS, THE PLANT SITE, OR ANY PART THEREOF, OR AS TO THE ABSENCE OF HAZARDOUS SUBSTANCES OR LIABILITY OR POTENTIAL LIABILITY UNDER ENVIRONMENTAL LAWS WITH RESPECT TO THE PLANT, THE FACILITY ASSETS, OR THE PLANT SITE. ANY SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY DISCLAIMED. (c) EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLE III OF THIS AGREEMENT, IN ANY CERTIFICATE DELIVERED AT CLOSING AND IN THE OTHER SELLERS DOCUMENTS, THE MEMBERSHIP INTERESTS, THE ACQUIRED ENTITIES, THE PLANT, THE FACILITY ASSETS, AND THE PLANT SITE ARE SOLD “AS IS, WHERE IS” ON THE CLOSING DATE AND IN THEIR CONDITION ON THE CLOSING DATE “WITH ALL FAULTS.” (d) WITHOUT LIMITING THE FOREGOING, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLE III OF THIS AGREEMENT OR IN ANY CERTIFICATE DELIVERED AT CLOSING, NO MATERIAL OR INFORMATION PROVIDED BY OR COMMUNICATIONS BY SELLERS, THE ACQUIRED ENTITIES, OR THEIR REPRESENTATIVES, INCLUDING ANY INFORMATION OR MATERIAL CONTAINED IN THE DUE DILIGENCE MATERIALS, WILL CAUSE OR CREATE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, CONDITION, VALUE, OR QUALITY OF THE MEMBERSHIP INTERESTS, THE ACQUIRED ENTITIES, THE PLANT, THE FACILITY ASSETS OR THE PLANT SITE.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREININ ARTICLES 3 and 4 OF THIS AGREEMENT OR ANY CERTIFICATE DELIVERED PURSUANT HERETO, (A) THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOTHE HOLDCOS, THE SUBSIDIARIESPROJECT COMPANIES, THE ASSETS OF HOLDCO THE HOLDCOS, OR THE ASSETS OF THE SUBSIDIARIESPROJECT COMPANIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, DISCLAIMED AND (B) SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO ANY HOLDCO, THE SUBSIDIARIESANY PROJECT COMPANY, THE ASSETS OF ANY HOLDCO, THE ASSETS OF THE SUBSIDIARIES ANY PROJECT COMPANY, OR THE ACQUIRED INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINAS OTHERWISE EXPRESSLY WARRANTED IN THIS PROFESSIONAL SERVICES SCHEDULE, THE ACQUIRED INTERESTS AND/OR MATERIALS, PROVIDED BY IVALUA ARE BEING SOLD HEREUNDER ON AN PROVIDED “AS IS” AND “WITH ALL FAULTS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF IVALUA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESREPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, WRITTEN OR ORALINCLUDING, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTSBUT NOT LIMITED TO, HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY IVALUA ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR USAGE COURSE OF TRADE, ALL . CUSTOMER ACKNOWLEDGES THAT XXXXXX’S OBLIGATIONS UNDER THIS PROFESSIONAL SERVICES SCHEDULE ARE FOR THE BENEFIT OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTSCUSTOMER ONLY.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINAS OTHERWISE EXPRESSLY WARRANTED IN THIS AGREEMENT, THE ACQUIRED INTERESTS LICENSED SOFTWARE, LICENSED SOFTWARE, AND ANY OTHER MATERIALS, SOFTWARE, DATA AND/OR SERVICES PROVIDED BY FIDDLER ARE BEING SOLD HEREUNDER ON AN PROVIDED “AS IS” AND “WITH ALL FAULTS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF FIDDLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, WRITTEN OR ORALINCLUDING, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTSBUT NOT LIMITED TO, HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY FIDDLER ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR USAGE COURSE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCOFIDDLER DOES NOT WARRANT THAT THE LICENSED SOFTWARE, THE SUBSIDIARIESLICENSED SOFTWARE OR ANY OTHER INFORMATION, MATERIALS, TECHNOLOGY OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE ASSETS OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. CUSTOMER ACKNOWLEDGES THAT FIDDLER’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTSCUSTOMER ONLY.

No Other Warranties. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH HEREININ SECTION 10.3, THE ACQUIRED INTERESTS ALL SERVICES AND MATERIALS PROVIDED BY FORWARD EDGE ARE BEING SOLD HEREUNDER ON AN PROVIDED “AS IS,.” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF FORWARD EDGE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING DEALING, USAGE, OR USAGE OF TRADETRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER FORWARD EDGE MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, MATERIALS PROVIDED BY FORWARD EDGE IN CONNECTION THEREWITH, THIRD-PARTY PRODUCTS OR SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE OF ANY OF THEM, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD- PARTY MATERIALS (INCLUDING ANY THIRD- PARTY PRODUCTS) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ANY REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO OF OR CONCERNING ANY FINANCIAL PROJECTIONS, FORECASTS THIRD-PARTY PRODUCTS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD- PARTY OWNER OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS DISTRIBUTOR OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTSTHIRD- PARTY PRODUCTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, LAREDO HOLDCO, TAPESTRY HOLDCO, THE SUBSIDIARIES, THE ASSETS OF LAREDO HOLDCO, TAPESTRY HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO LAREDO HOLDCO, TAPESTRY HOLDCO, THE SUBSIDIARIES, THE ASSETS OF LAREDO HOLDCO, TAPESTRY HOLDCO, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED CLASS B MEMBERSHIP INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED CLASS B MEMBERSHIP INTERESTS, HOLDCOTHE COMPANY, THE SUBSIDIARIESPROJECT COMPANIES, THE PROJECTS, THE REPOWERING ENTITIES, THE ASSETS OF HOLDCO THE COMPANY, THE ASSETS OF THE PROJECT COMPANIES, OR THE ASSETS OF THE SUBSIDIARIESREPOWERING ENTITIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3SECTION 3.01, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCOTHE COMPANY, THE SUBSIDIARIESPROJECT COMPANIES, THE ASSETS OF HOLDCOPROJECTS, THE REPOWERING ENTITIES, THE ASSETS OF THE SUBSIDIARIES COMPANY, THE ASSETS OF THE PROJECT COMPANIES, THE ASSETS OF THE REPOWERING ENTITIES OR THE ACQUIRED CLASS B MEMBERSHIP INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, LAREDO HOLDCO, TAPESTRY HOLDCO, THE SUBSIDIARIES, THE ASSETS OF LAREDO HOLDCO, TAPESTRY HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO LAREDO HOLDCO, TAPESTRY HOLDCO, THE SUBSIDIARIES, THE ASSETS OF LAREDO HOLDCO, TAPESTRY HOLDCO, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTS.. ARTICLE 4

No Other Warranties. EXCEPT FOR TO THE WARRANTIES SET FORTH HEREINGREATEST EXTENT PERMITTED BY LAW, THE ACQUIRED INTERESTS SOFTWARE IS LICENSED AND ALL OTHER MATERIALS AND SERVICES ARE BEING SOLD HEREUNDER ON AN PROVIDED TO THE ORGANIZATION “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN AND THERE ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER NO WARRANTIES, WHETHER STATUTORYREPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, EXPRESS ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR IMPLIED; SELLER PROVIDES NO OTHERWISE, REGARDING THEM OR ANY OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTSPRODUCT, HOLDCOSERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. S&S, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING TITLE OR USAGE OF TRADENON-INFRINGEMENT. S&S DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE SHALL OPERATE ERROR FREE OR IN THE COMBINATIONS SELECTED, THAT IT SHALL MEET ANY OR ALL OF WHICH ARE EXPRESSLY DISCLAIMEDTHE ORGANIZATION’S PARTICULAR REQUIREMENTS, OR THAT ALL ERRORS OR DEFECTS IN THE SOFTWARE CAN BE FOUND OR CORRECTED. EXCEPT AS EXPRESSLY NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTS.S&S.

No Other Warranties. EXCEPT FOR THE WARRANTIES OTHER THAN AS SET FORTH HEREININ THIS SECTION OR THE AGREEMENT, THE ACQUIRED INTERESTS SYSTEM AND SERVICES ARE BEING SOLD HEREUNDER ON AN PROVIDED “AS IS,” AND “WHERE ISAS AVAILABLE” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU WITHOUT ANY WARRANTY OF ALL OTHER WARRANTIESANY KIND, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS EXPRESSED OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOINCLUDING BUT NOT LIMITED TO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING NONINFRINGMENT. CYNCHEALTH DISCLAIMS ANY AND ALL RESPONSIBILITIES FOR ANY ACT OR USAGE OF TRADEOMISSION TAKEN OR MADE BY PARTICIPANT IN RELIANCE ON THE SYSTEM OR THE INFORMATION IN THE SYSTEM, ALL OF WHICH ARE EXPRESSLY DISCLAIMEDINCLUDING INACCURATE OR INCOMPLETE INFORMATION. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3FOR CYNCHEALTH’S INTELLECTUAL PROPERTY INFRINGEMENT INDEMNITY OBLIGATIONS HEREUNDER, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS EITHER PARTY’S BREACH OF THE SUBSIDIARIES CONFIDENTIALITY OBLIGATIONS OR VIOLATION OF APPLICABLE LAW, IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORIES OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. CYNCHEALTH DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY CARRIER LINES, TELECOMMUNICATION SERVICE PROVIDERS OR THE ACQUIRED INTERESTSSYSTEM.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINWARRANTY PROVIDED HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY WITH RESPECT TO MWSTS PRODUCTS AND SUPERSEDES ANY AND ALL OTHER WARRANTIES, THE ACQUIRED INTERESTS ORAL OR WRITTEN, OF ANY TYPE RELATING TO MWSTS PRODUCTS. ANY PRODUCTS OF MWSTS NOT COVERED BY THIS WARRANTY ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASISWITHOUT WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND MWSTS HEREBY DISCLAIMS THE SAME. THE WARRANTIES REMEDY OF CREDIT TOWARD A REPLACEMENT MWSTS PRODUCT OF EQUIVALENT GRADE SET FORTH HEREIN ARE EXCLUSIVE IN SECTION 2 OF THIS LIMITED WARRANTY IS THE SOLE OBLIGATION OF MWSTS, AND ARE IN LIEU THE SOLE REMEDY OF ALL OTHER WARRANTIESPURCHASER, WHETHER STATUTORYUNDER THE WARRANTY PROVIDED HEREIN. EXCEPT AS PROVIDED HEREIN, WRITTEN MWSTS MAKES NO REPRESENTATIONS OR ORALWARRANTIES OF ANY KIND, NATURE OR DESCRIPTION WITH RESPECT TO ANY OF ITS PRODUCTS, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOINCLUDING, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS OF ANY OF THE PRODUCTS FOR A ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, MWSTS HEREBY DISCLAIMS THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTSSAME.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREININ THIS ARTICLE 3, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARIES OR THE ACQUIRED INTERESTS. 3.30 [***].