Product Warranties; Product Liability Claims. As of the date of this Agreement, no product warranty, product liability, product recall or similar claims have been made against or with respect to the Company’s business since December 31, 2005 except for claims that are not material to the business of the Company and its Subsidiaries taken as a whole. No Person (including, but not limited to, Governmental Entities of any kind) has asserted in writing any material claim against the Company or any Significant Subsidiary under any Law relating to unfair competition, false advertising or other similar claims arising out of product warranties, guarantees, specifications, manuals or brochures or other advertising materials used by or in the conduct of the Company’s business.
Product Warranties; Product Liability Claims. Set forth on Schedule 4.25 are the standard forms of product warranties and guarantees used by or in the Business and any other product warranties or guarantees given by a Lxxx Company in connection with the Business that are materially different from such standard forms. Except as specifically described on Schedule 4.25, no product warranty, product liability, product recall or similar claims have been made against or with respect to the Business since the Balance Sheet Date except for routine claims. No Person (including, but not limited to, Governmental Authorities of any kind) has asserted in writing any claim against a Lxxx Company or the Business under any Law relating to unfair competition, false advertising or other similar claims arising out of product warranties, guarantees, specifications, manuals or brochures or other advertising materials used by or in the conduct of the Business. No product produced or sold by the Business in the past three years has been the subject or source of a product recall.
Product Warranties; Product Liability Claims. As of the date of this Agreement, no product warranty, product liability, product recall or similar claims have been made against or with respect to the Company’s, its Subsidiaries’ or RMI’s businesses since December 31, 2004 except for claims that are not material to the business of the Company, its Subsidiaries and RMI, taken as a whole. Since December 31, 2004, no Person (including, but not limited to, any Governmental Entity of any kind) has asserted in writing any material claim against the Company, any of its Subsidiaries or RMI under any Law relating to unfair competition, false advertising or other similar claims arising out of product warranties, guarantees, specifications, manuals or brochures or other advertising materials used by or in the conduct of the Company’s, any of its Subsidiaries’ or RMI’s businesses.
Product Warranties; Product Liability Claims. (i) There are no product warranty obligations with respect to the Business Products, other than as described in Section 3.2(aa) of the Seller Disclosure Schedule. True, correct and complete copies of any Contracts containing such warranties (other than warranties to customers in the Ordinary Course of Business) have been Made Available to Purchasers.
(ii) There are no pending or, to the Knowledge of the Seller Parties, threatened claims for any product liability, backcharge, additional work, field repair or other claims by any third party (whether based on contract or tort and whether relating to personal injury, including death, property damage or economic loss) arising from (1) services rendered by RSP or RSP-TW, (2) the sale, distribution, or installation of products by RSP or RSP-TW, or (3) the operation of the business of RSP or RSP-TW during the period through and including the Closing Date. The operation and use of the products of RSP and RSP-TW for their intended purposes complies with all applicable Laws, including any Law applicable to the users of any such products.
Product Warranties; Product Liability Claims. Set forth on Schedule 6.25 are the standard forms of product warranties and guarantees used by the Asset Sellers and by the Sale Companies and any other product warranties or guarantees given by a Seller or Sale Company in connection with the Business that are materially different from such standard forms. Except as specifically described on Schedule 6.25, no product warranty, product liability, product recall or similar claims have been made against any Asset Seller or against any Sale Company since the Balance Sheet Date except for routine claims. No Person (including, but not limited to, Governmental Authorities of any kind) has asserted in writing any claim against any Asset Seller or Sale Company under any Law relating to unfair competition, false advertising or other similar claims arising out of product warranties, guarantees, specifications, manuals or brochures or other advertising materials used by such Asset Seller or Sale Company. No product produced or sold by the Business in the past three years has been the subject or source of a product recall.
Product Warranties; Product Liability Claims. Except as set forth in Schedule 7.24, since the Balance Sheet Date, no product warranty, product liability, product recall or similar claims have been made against any Buyer Party except for routine claims. No Person (including, but not limited to, Governmental Authorities of any kind) has asserted in writing any claim against any Buyer Party under any Law relating to unfair competition, false advertising or other similar claims arising out of product warranties, guarantees, specifications, manuals or brochures or other advertising materials used by such Buyer Party. No product produced or sold by the IAC Business has been the subject or source of a product recall.
