Warranties Limited. All warranties made by Operator in connection with the Services are limited to those set forth in this Article VIII. Operator makes no other warranties or guarantees, express or implied, other than those expressly set forth herein. OPERATOR EXPRESSLY DISCLAIMS ALL IMPLIED GUARANTEES OR WARRANTIES OF ANY NATURE WHATSOEVER IN CONNECTION WITH THE SERVICES AND OBLIGATIONS UNDERTAKEN AND/OR PERFORMED HEREUNDER, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Warranties Limited. The representations and warranties given by the Parties are limited to the Warranties expressly set out in this Agreement and all other warranties, representations or undertakings given by or on behalf of any Party are expressly excluded and negatived.
Warranties Limited. SUCH MEMBER HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY NATURE WHATSOEVER RELATING TO THE COMPANY, THE ASSETS OR OTHERWISE IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREBY, OTHER THAN THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS ARTICLE III.
Warranties Limited. BUYER HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY NATURE WHATSOEVER IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREBY, OTHER THAN THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS ARTICLE IV.
Warranties Limited. Each of Purchaser and Parent expressly agrees and acknowledges that none of Seller or Whitehall, nor any of their respective Representatives, has made any representation or given any warranty, expressed or implied, of any nature whatsoever relating to the Business or any Group Company or the Joint Venture or otherwise in connection with the Transaction contemplated hereby other than those representations and warranties expressly set forth in this Article 5. Each of Purchaser and Parent expressly agrees and acknowledges that (except for the representations and warranties expressly set forth in this Article 5) no person has been authorized by Seller or any Group Company to make any representation or give any warranty regarding the Group, the Joint Venture, the Business, the assets or operations of any Group Company or the Joint Venture or otherwise in connection with the transactions contemplated hereby and, if made or give, such representation or warranty may not be relied upon as having been authorized by Seller or any Group Company. To the fullest extent permitted by applicable law, and except in the case of fraud or willful misconduct, each of Purchaser and Parent agrees and acknowledges that its only right and remedy in relation to any representation, warranty or undertaking made or given in connection with the Transaction Documents shall be for a breach of the express terms of the Transaction Documents to the exclusion of all other rights and remedies (including those in tort or arising under statute).
Warranties Limited. Each of Seller and Whitehall expressly agrees and acknowledges that none of Purchaser and Parent, nor any of their respective Representatives, has made any representation or given any warranty, expressed or implied, of any nature whatsoever in connection with the Transaction contemplated hereby other than those representations and warranties expressly set forth in this Article 6. Each of Seller and Whitehall expressly agrees and acknowledges that (except for the representations and warranties expressly set forth in this Article 5) no person has been authorized by Parent or Purchaser to make any representation or give any warranty, express or implied, of any nature whatsoever, regarding them or otherwise in connection with the transactions contemplated hereby and, if made or given, such representation or warranty may not be relied upon as having been authorized by Parent or Purchaser. To the fullest extent permitted by applicable law, and except in the case of fraud or willful misconduct, each of Seller and Whitehall agrees and acknowledges that its only right and remedy in relation to any representation, warranty or undertaking made or given in connection with the Transaction Documents shall be for a breach of the express terms of the Transaction Documents to the exclusion of all other rights and remedies (including those in tort or arising under statute).
Warranties Limited. SUCH STOCKHOLDER HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY NATURE WHATSOEVER RELATING TO THE COMPANY, THE BUSINESS OF THE COMPANY, THE COMPANY SHARES OR OTHERWISE IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREBY, OTHER THAN THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS ARTICLE III.
Warranties Limited. EXCEPT AS EXPRESSLY SET FORTH IN PARAGRAPH 10(a), (I) NEITHER THE COMPANY NOR ANY EXCHANGE OR OTHER THIRD PARTY PROVIDER OF INFORMATION OR DATA ("Information Providers") OR SOFTWARE LICENSORS MAKES ANY WARRANTY, REPRESENTATION OR GUARANTY AS TO THE SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICE OR ANY QUOTATIONS, MARKET INFORMATION OR OTHER INFORMATION OR DATA FURNISHED HEREUNDER OR THAT ANY SUCH INFORMATION OR DATA DISSEMINATED MAY BE RELIED UPON FOR TRADING PURPOSES (SUBSCRIBER SHALL INDEPENDENTLY DETERMINE MARKET PRICES FOR TRADING PURPOSES THROUGH ITS OWN CUSTOMARY TRADING CHANNELS), (II) THE COMPANY MAKES NO WARRANTY, REPRESENTATION OR GUARANTY EITHER FOR ITSELF OR FOR ANY THIRD PARTY VENDORS OR MANUFACTURERS, AS TO ANY EQUIPMENT (INCLUDING ANY COMPANY EQUIPMENT OR SUBSCRIBER EQUIPMENT); (III) THE COMPANY MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT ANY SOFTWARE WILL MEET SUBSCRIBER'S REQUIREMENTS OR THAT OPERATION OF ANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED AND THE COMPANY MAKES NO WARRANTY, REPRESENTATION OR GUARANTY, EITHER FOR ITSELF OR FOR ANY THIRD PARTY PROVIDER OF MAINTENANCE, AS TO ANY MAINTENANCE, FURTHER, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN PARAGRAPH 10(a), ANY AND ALL WARRANTIES, REPRESENTATIONS AND GUARANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED WITH RESPECT TO THE SERVICE, THE EQUIPMENT (INCLUDING ANY COMPANY EQUIPMENT AND SUBSCRIBER EQUIPMENT), ANY SOFTWARE AND ANY MAINTENANCE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED. No employee, salesperson, vendor or other agent or purported agent of the Company is authorized to make any warranties, representations or guaranties to the contrary of the foregoing, and any such proported warranties, representations or guaranties shall not be relied upon as having been given by or on behalf of the Company.
Warranties Limited. Each of Purchaser and Parent expressly agrees and acknowledges that neither the Sellers nor any of their representatives has made any representation or given any warranty, expressed or implied, of any nature whatsoever relating to the Shares or any Group Company or the Joint Venture or otherwise in connection with the Transaction contemplated hereby other than those representations and warranties expressly set forth in this Article 6. Each of Purchaser and Parent expressly agrees and acknowledges that (except for the representations and warranties expressly set forth in this Article 6) they are acquiring the Class A Shares and Class B Shares and all the indirect interests in the Group Companies on an “as-is, where-is” basis. Nothing contained herein shall affect the surviving rights of the Parties under the 2008 SPA, provided that it is expressly acknowledged and agreed that any such rights shall relate solely to the sale of the shares of the Company sold pursuant to the 2008 SPA.
Warranties Limited. THE MEMBER HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY NATURE WHATSOEVER RELATING TO THE COMPANY OR ANY RELATED PARTY, THE BUSINESS OF THE COMPANY OR ANY RELATED PARTY, THE COMPANY UNITS OR OTHERWISE IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREBY, OTHER THAN THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLE II AND THIS ARTICLE III.
