REPRESENTATIONS AND WARRANTIES OF BIG PLANET. As a material inducement to I-Link to enter into this Agreement and with the acknowledgement and understanding that I-Link is relying on the accuracy of these representations and warranties in determining the feasibility of entering into this Agreement, Big Planet hereby represents and warrants as follows:
REPRESENTATIONS AND WARRANTIES OF BIG PLANET. Big Planet represents and warrants to each of BP Holdings and Nu Skin Enterprises that the statements contained in this Section 5 are correct and complete as of the date of this Agreement and will be true and correct as of the Closing Date (as though made then and as though the Closing Date were substituted for the date of this Agreement throughout this Section 5), except as set forth in the disclosure schedule attached to this Agreement and initialed by the Parties (the "Disclosure Schedule"). The Disclosure Schedule will be arranged in paragraphs corresponding to the numbered paragraphs contained in this Section 5 and as referenced in Sections 8.1.4 and 10.11 below. Nu Skin Enterprises and BP Holdings shall have the right to rely on the following representations and warranties notwithstanding any investigation or inquiry conducted by them relating to the business of Big Planet and no such investigation shall limit or in any way restrict the indemnification obligations of Nu Skin USA, King, Doman, or Ricks under Sectiox 00.8 below.
REPRESENTATIONS AND WARRANTIES OF BIG PLANET. As a material inducement to I-Link to enter into this Agreement and with the acknowledgement and understanding that I-Link is relying on the accuracy of these representations and warranties in determining the feasibility of entering into this Agreement, Big Planet hereby represents and warrants as follows: NOTE: WHERE USED IN THIS EXHIBIT, [***] INDICATES MATERIAL WHICH HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION.
