Waiver of Implied Standard. Except as expressly stated above in this Article 3, all other warranties, conditions and representations, express or implied, statutory or otherwise, arising under Delaware or New York law or any other Applicable Law in relation to either the skill, care, diligence or otherwise in respect of any Service to be performed hereunder or to the quality or fitness for any particular purpose of any goods are hereby to the fullest extent permitted by Applicable Law excluded and the Servicer shall not be liable in contract, tort or otherwise under Delaware or New York law or any other Applicable Law for any Loss arising out of or in connection with the Services to be supplied pursuant to this Agreement or any goods to be provided or sold in conjunction with such Services.
Waiver of Implied Standard. Except as expressly stated above in this Article III, ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARISING UNDER U.S. FEDERAL, DELAWARE, IRISH, CAYMAN ISLANDS, BERMUDAN OR OTHER LAW IN RELATION TO THE SKILL, CARE, DILIGENCE OR OTHERWISE IN RESPECT OF ANY SERVICE TO BE PERFORMED HEREUNDER OR TO THE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY OF ANY GOODS OR SERVICES ARE HEREBY EXCLUDED AND WAIVED BY GFL AND EACH OTHER PERSON IN THE GFL GROUP, THE POLICY PROVIDER, GENESIS, THE MANAGER AND THE SERVICER SHALL NOT BE LIABLE TO GFL OR ANY OTHER PERSON WITHIN THE GFL GROUP, THE POLICY PROVIDER, GENESIS, THE MANAGER OR ANY OTHER PERSON IN CONTRACT, TORT OR OTHERWISE UNDER U.S. FEDERAL, DELAWARE, IRISH, CAYMAN ISLANDS, BERMUDAN OR OTHER LAW FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY OF ANY KIND WHATSOEVER, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH EITHER THE SERVICES TO BE SUPPLIED PURSUANT TO THIS AGREEMENT OR ANY GOODS TO BE PROVIDED OR SOLD IN CONJUNCTION WITH SUCH SERVICES OR ANY DEFECT IN EITHER SUCH GOODS OR SERVICES OR FROM ANY OTHER CAUSE, WHETHER OR NOT ANY SUCH MATTER AMOUNTS TO A FUNDAMENTAL BREACH OF A FUNDAMENTAL TERM OF THIS AGREEMENT. Nothing in this Article III should be taken as in any way limiting or excluding any liability which the Servicer may have to GFL under Section 2 of the Irish Liability for Defective Products Act, 1991. THE CONTRACTUAL RIGHTS, IF ANY, WHICH THE GFL GROUP ENJOYS BY VIRTUE OF SECTIONS 12, 13, 14 AND 15 OF THE SALE OF GOODS ACT, 1893 (AS AMENDED) AND SECTION 39 OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT, 1980 ARE IN NO WAY PREJUDICED BY ANYTHING CONTAINED IN THIS AGREEMENT SAVE TO THE EXTENT PERMITTED BY LAW.
Waiver of Implied Standard. 3.4 Except as expressly stated above in this Clause 3, all other warranties, conditions and representations, express or implied, statutory or otherwise, arising under Applicable Law in relation to the skill, care, diligence or otherwise in respect of any Services to be performed hereunder or to the quality or fitness for any particular purpose of any goods are hereby excluded and waived by the Customer and the Lessor, and the Servicer shall not be liable to Servicing Agreement – MSN 37987 EXECUTION COPY the Customer or the Lessor or otherwise under any of the laws of the State of Delaware, the laws of the United States of America or any Applicable Law for any loss, damage, expense or injury of any kind whatsoever, special, indirect, consequential or otherwise, arising out of or in connection with either the Services to be supplied pursuant to this Servicing Agreement or any goods to be provided or sold in conjunction with such Services.
Waiver of Implied Standard. Except as expressly stated above in this Article 3, all other warranties, conditions and representations, express or implied, statutory or otherwise, arising under U.S. Federal, New York, Jersey, Channel Islands, Irish or other Applicable Law in relation to either the skill, care, diligence or otherwise in respect of any service to be performed hereunder or to the quality or fitness for any particular purpose of any goods are hereby excluded and the Servicer shall not be liable in contract, tort or otherwise under U.S. Federal, New York, Jersey, Channel Islands, Irish or other Applicable Law for any loss, damage, expense or injury of any kind whatsoever, arising out of or in connection with the Services to be supplied pursuant to this Agreement or any goods to be provided or sold in conjunction with such Services.
Waiver of Implied Standard. Except as expressly stated above in this Article III, all other warranties, conditions and representations, express or implied, statutory or otherwise, arising under U.S. Federal, Delaware, Irish or other law in relation to the skill, care, diligence or otherwise in respect of any service to be performed hereunder or to the quality or fitness for any particular purpose of any goods are hereby excluded and waived by LIFT, and the Servicer shall not be liable to LIFT or any other Person within the LIFT Group or any other Person in contract, tort or otherwise under U.S. Federal, Delaware, Irish or other law for any loss, damage, expense or injury of any kind whatsoever, consequential or otherwise, arising out of or in connection with either the services to be supplied pursuant to this Agreement or any goods to be provided or sold in conjunction with such services or any defect in either such goods or services or from any other cause, whether or not any such matter amounts to a fundamental breach of a fundamental term of this Agreement. Nothing in this Article III should be taken as in any way limiting or excluding any liability which the Servicer may have to LIFT under Section 2 of the Irish Liability for Defective Products Act, 1991. THE CONTRACTUAL RIGHTS, IF ANY, WHICH THE LIFT GROUP ENJOYS BY VIRTUE OF SECTIONS 12, 13, 14 AND 15 OF THE SALE OF GOODS ACT, 1893 (AS AMENDED) AND SECTION 39 OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT, 1980 ARE IN NO WAY PREJUDICED BY ANYTHING CONTAINED IN THIS AGREEMENT SAVE TO THE EXTENT PERMITTED BY LAW.
Waiver of Implied Standard. EXCEPT AS EXPRESSLY STATED IN THIS ARTICLE 3, ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARISING UNDER, THE LAWS OF IRELAND, DELAWARE OR ANY OTHER APPLICABLE JURISDICTION IN RELATION TO EITHER THE SKILL, CARE, DILIGENCE OR OTHERWISE IN RESPECT OF ANY SERVICE TO BE PERFORMED HEREUNDER OR TO THE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY GOODS ARE HEREBY EXCLUDED AND THE SERVICERS SHALL NOT BE LIABLE IN CONTRACT, TORT OR OTHERWISE UNDER THE LAWS OF IRELAND, DELAWARE OR ANY OTHER APPLICABLE JURISDICTION FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY OF ANY KIND WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR ANY GOODS TO BE PROVIDED OR SOLD IN CONJUNCTION WITH SUCH SERVICES.
Waiver of Implied Standard. Except as expressly stated above in this Article 3, all other warranties, conditions and representations, express or implied, statutory or otherwise, arising under, Delaware, New York or California law in relation to either the skill, care, diligence or otherwise in respect of any service to be performed hereunder or to the quality or fitness for any particular purpose of any goods are hereby excluded and the Servicer shall not be liable in contract, tort or otherwise under Delaware, New York or California law for any loss, damage, expense or injury of any kind whatsoever, arising out of or in connection with the services to be supplied pursuant to this Agreement or any goods to be provided or sold in conjunction with such services.
Waiver of Implied Standard. 3 ARTICLE IV
Waiver of Implied Standard. Except as expressly stated above in this Article 3, all other warranties, conditions and representations, express or implied, statutory or otherwise, arising under U.S. Federal, New York, Jersey, Channel Islands or other Applicable Law in relation to either the skill, care, diligence or otherwise in respect of any service to be performed hereunder or to the quality or fitness for any particular purpose of any goods are hereby excluded and the Servicer shall not be liable in contract, tort or otherwise under U.S. Federal, New York, Jersey, Channel Islands or other Applicable Law for any loss, damage, expense or injury of any kind whatsoever, arising out of or in connection with the Services to be supplied pursuant to this Agreement or any goods to be provided or sold in conjunction with such Services.
Waiver of Implied Standard. 3.4 Except as expressly stated above in this Clause 3, all other warranties, conditions and representations, express or implied, statutory or otherwise, arising under Applicable Law in relation to the skill, care, diligence or otherwise in respect of any Services to be performed hereunder or to the quality or fitness for any particular purpose of any goods are hereby excluded and waived by the Customer and the Lessor, and the Servicer shall not be liable to the Customer or the Lessor or otherwise under any of the laws of the State of Delaware, the laws of the United States of America or any Applicable Law for any loss, damage, expense or injury of any kind whatsoever, special, indirect, consequential or otherwise, arising out of or in connection with either the Services to be supplied pursuant to this Servicing Agreement or any goods to be provided or sold in conjunction with such Services.
