Representations and Warranties of CLDA and BV. For the purposes of this Agreement, the phrases “has delivered,” “has provided,” “has made available,” and similar phrases, include providing Buyer access to any required documents and information through the Dataroom. Information contained in the Dataroom Documents will be regarded as disclosed on the basis of first reading (eerste lezing) without checking references to other documents. A true and complete list of the Dataroom Documents as of the date of this Agreement is attached hereto as Schedule 3. Each of CLDA and BV represents and warrants to Buyer that the statements contained in this Article 3 are correct as of the date of this Agreement, except as set forth in the disclosure schedule delivered by CLDA to Buyer on the date hereof and initialed by the Parties (the “Disclosure Schedule”). Nothing in the Disclosure Schedule shall be deemed adequate to disclose an exception to a representation or warranty made herein, however, unless the Disclosure Schedule fairly identifies the exception (meaning the content and scope of the relevant exception is, or reasonably should be, sufficiently clear from the Disclosure Schedule). Without limiting the generality of the foregoing, the mere listing (or inclusion of a copy) of a document or other item shall not be deemed adequate to disclose an exception to a representation or warranty made herein, unless (i) such document is a Dataroom Document or (ii) the representation or warranty has to do with the existence of the document or other item itself. The Disclosure Schedule will be arranged corresponding to the Sections contained in this Article 3.
