Common use of Use and Fitness Clause in Contracts

Use and Fitness. As to the Assets, except for the express representations and warranties contained herein or in any transaction document related hereto, Seller expressly disclaims any and all other use and fitness representation and warranties, express, implied, statutory, or otherwise. Buyer agrees that the Assets are being conveyed to Seller, and Seller accepts same, in its “AS IS”, “WHERE IS” condition, with all faults, except for the express representations and warranties contained herein or in any transaction document related hereto, including the special warranty of title contained in Section 3.1 (a) below and in the Conveyance. Except for the express representations and warranties contained herein or in any transaction document related hereto, Seller expressly disclaims any representation or warranty, whether express, implied, under common law, by statute or otherwise, or to the title or condition of the Assets. Except for the express representations and warranties contained herein or in any transaction document related hereto, Seller also expressly disclaims and negates any implied or express warranty at common law, by statute or otherwise relating to the accuracy of any information furnished with respect to the existence or extent of reserves or the value of the Assets based thereon or the condition or state of repair of the Assets. Purchase and Sale Agreement