Common use of Product Warranties; Defects; Liability Clause in Contracts

Product Warranties; Defects; Liability. 3.23.1 Except as disclosed in Schedule 3.23 (and except for other Liabilities for which there is a reserve which meets the standards described in the following sentence), each product designed, manufactured, marketed, sold, leased, licensed, delivered or installed by the Company (collectively, the “Products”) is, and at all times has been, (a) in compliance with all applicable Legal Requirements, (b) fit for the ordinary purposes for which it is intended to be used and (c) in conformity with any and all Contractual Obligations, express and implied warranties, promises and affirmations of fact made by the Company. The Company does not have any Liability (and, to the Company’s Knowledge, there is no basis for any present or future Action giving rise to any Liability) for replacement or repair of any Products or other damages in connection with any Products, subject only to the reserve for product warranty claims set forth on the face of the Most Recent Balance Sheet, as adjusted for the passage of time in accordance with GAAP, applied on a basis consistent with the principles applied in the preparation of the Most Recent Balance Sheet, which reserve is adequate to address all such Liabilities. Each Product contains adequate warnings, the content and display of which conform with applicable Legal Requirements and current industry practice. There is no design or other defect with respect to any Product.

Product Warranties; Defects; Liability. 3.23.1 3.25.1 Except as disclosed in Schedule 3.23 3.25 (and except for other Liabilities for which there is a reserve which meets the standards described in the following sentence), to the Company’s Knowledge, there has been no pattern of defects in any product line in the design or manufacture of any each product designed, manufactured, marketed, sold, leased, licensed, sold or delivered or installed by the Company (collectively, the “Products”) is, and at all times that would adversely affect the performance or quality of such Products. Each Product has been, been (a) designed and manufactured in compliance with all applicable Legal Requirements, (b) fit for the ordinary purposes for which it is intended to be used and (c) in conformity with any and all Contractual Obligations, express and implied warranties, promises and affirmations of fact made by the Company. The Company does has not have received notice of any alleged non-compliance with any Legal Requirement. To the Company’s Knowledge, the Company has no Liability (and, to the Company’s Knowledge, there is no basis for any present or future Action giving rise to any Liability) for replacement or repair of any Products or other damages in connection with any Products, subject only to the reserve for product warranty claims set forth on the face of the Most Recent Balance Sheet, as adjusted for the passage of time in accordance with GAAP, applied on a basis consistent with the principles applied in the preparation of the Most Recent Balance Sheet, which reserve is adequate to address all such Liabilities. Each Product contains adequate warnings, the content and display of which conform with applicable Legal Requirements and current industry practice. There is no design or other defect with respect to any Product.

Product Warranties; Defects; Liability. 3.23.1 Except as disclosed in Schedule 3.23 (and except for other Liabilities for which there is a reserve which meets the standards described in the following sentence), each 3.26.1 Each product designed, manufactured, marketed, sold, leased, licensed, delivered or installed by the Company (collectively, the “"Products”") is, and at all times has been, (a) in compliance with all applicable Legal Requirements, except for any failure to comply which would not have a Material Adverse Effect, (b) fit in all material respects for the ordinary purposes for which it is intended to be used and (c) materially in conformity with any and all Contractual Obligations, express and implied warranties, promises and affirmations of fact made by the Company. The Company does not have any has no Liability (and, to the Company’s Sellers' Knowledge, there is no basis for any present or future Action giving rise to any Liability) for replacement or repair of any Products or other damages in connection with any Products, subject only to the reserve for product warranty claims set forth on the face of the Most Recent Balance Sheet, as adjusted for the passage of time in accordance with GAAP, applied on a basis consistent with the principles applied in the preparation of the Most Recent Balance Sheet, which reserve is adequate to address all such Liabilities. Each Product contains adequate warnings, the content and display of which conform with applicable Legal Requirements and current industry practice, except for any such failure which would not have a Material Adverse Effect. There is no material design or other defect with respect to any Product.