REPRESENTATIONS AND WARRANTIES OF THE XXXX IV PARTIES. Except (a) as set forth in the disclosure letter prepared by the XXXX IV Parties and delivered by the XXXX IV Parties to the XXXX III Parties contemporaneously with the execution of this Agreement (the “XXXX IV Disclosure Letter”) (it being acknowledged and agreed that disclosure of any item in any section or subsection of the XXXX IV Disclosure Letter shall be deemed disclosed with respect to the section or subsection of this Agreement to which it corresponds and any other section or subsection of this Agreement to the extent the applicability of such disclosure to such other section or subsection of this Agreement is reasonably apparent on its face (it being understood that to be so reasonably apparent on its face, it is not required that the other section or subsection of this Agreement be cross-referenced), provided, that no disclosure shall qualify any Fundamental Representation unless it is set forth in the specific section or subsection of the XXXX IV Disclosure Letter corresponding to such Fundamental Representation, provided, further, that nothing in the XXXX IV Disclosure Letter is intended to broaden the scope of any representation or warranty of the XXXX IV Parties made herein) or (b) as disclosed in the XXXX IV SEC Documents publicly available, filed with, or furnished to, as applicable, the SEC after December 31, 2020 and prior to the date of this Agreement (excluding any information or documents incorporated by reference therein, or filed as exhibits thereto, and excluding any disclosures contained in such documents under the headings “Risk Factors” or “Forward Looking Statements” or any other disclosures contained or referenced therein to the extent they are cautionary, predictive or forward-looking in nature), and then only to the extent that the relevance of any disclosed event, item or occurrence in such XXXX IV SEC Documents to a matter covered by a representation or warranty set forth in this Article V is reasonably apparent on its face, provided, that the disclosures in the XXXX IV SEC Documents shall not be deemed to qualify (i) any Fundamental Representations, which matters shall only be qualified by specific disclosure in the respective corresponding section of the XXXX IV Disclosure Letter, and (ii) the representations and warranties made in Section 5.5(a) through Section 5.5(c) (SEC Documents; Financial Statements), the XXXX IV Parties hereby, jointly and severally, represent and warrant to the XXXX III Parties that:
