REPRESENTATIONS AND WARRANTIES OF DAKOTA AND MERGER CORP. Dakota and Merger Corp make the following representations and warranties to USMX. However, certain matters disclosed on any Exhibit hereto may not be required to be disclosed therein, but may be stated therein for information purposes only, and no such disclosure shall constitute an indication or admission of the materiality thereof or create a standard of disclosure, and no representation or warranty shall be deemed to have been made by Dakota or Merger Corp by reason of the inclusion of such matters. Further, no representation or warranty shall be deemed to have been made by Dakota or Merger Corp by virtue of any disclosures made on, or contained in, any Exhibit hereto except to the extent expressly made in this Article III.
