Common use of Warranties; Product Liability Clause in Contracts

Warranties; Product Liability. Except as described in Section 4.25 of the Company Disclosure Schedules, (i) there is no notice, demand, claim, action, suit, inquiry, hearing, Proceeding, notice of violation or investigation from, by or before any Government Entity relating to any product (including the packaging and advertising related thereto) designed, formulated, manufactured, processed, sold or placed in the stream of commerce by the Company or any of its Subsidiaries (a “Product”), or claim or lawsuit involving a Product which is currently pending or, to the Knowledge of the Company, threatened, by any Person, and (ii) there has not been, nor is there under consideration by the Company or any of its Subsidiaries, any Product recall or post-sale warning of a material nature conducted by or on behalf of the Company or any of its Subsidiaries concerning any Product. All Products complied and comply in all material respects with applicable Laws, and there have not been and there are no material defects or deficiencies in such Products. Each Product sold and delivered by the Company and its Subsidiaries since January 1, 2008 has conformed in all material respects with all applicable Contractual commitments and all express and implied warranties, are free from significant defects in workmanship and materials, and conform in all material respects with standards for products of that type and none of the Company nor any of its Subsidiaries has any material liability (and, to the Knowledge of the Company, there is no basis for any assertion of liability) for replacement or repair thereof or other damages in connection therewith, subject only to wear and tear in the ordinary course of business and reserves in the Financial Statements for product warranty claims and claims of damaged or defective products from customers or the Company and its Subsidiaries.

Warranties; Product Liability. Except as described specifically reflected, reserved against in Section 4.25 accordance with GAAP or otherwise disclosed on the consolidated balance sheet of Seller included in Seller’s Annual Report on Form 10-K for the Company Disclosure Schedulesfiscal year ended December 31, 2016, or incurred since December 31, 2016 in the ordinary course of business, (ia) there is no notice, demand, claim, action, suit, inquiry, hearing, Proceeding, neither Seller nor any of its Subsidiaries has received any written notice of any material Action or violation or investigation from, by or before any Government Governmental Entity relating to any product (Seller Product, including the packaging and advertising related thereto) designed, formulated, manufactured, processed, sold or placed in the stream of commerce any services provided by the Company Seller or any of its Subsidiaries (a “Product”)Subsidiaries, or claim or lawsuit nor is there any Action involving a Seller Product which is currently pending or, to the Knowledge of the CompanySeller, threatened, threatened by any Person, and (iib) there has not been, nor is there under consideration by the Company Seller or any of its Subsidiaries, any recall of a Seller Product recall or post-sale warning of a material nature conducted by or on behalf concerning any Seller Product , (c) there are no pending or, to the Knowledge of the Company Seller, threatened claims with respect to any such warranty which would reasonably be expected to be material to Seller or any Subsidiary or the Business, and (d) there are no material pending or, to the Knowledge of its Subsidiaries concerning Seller, threatened product liability claims with respect to any ProductSeller Product and no such claims have been settled or adjudicated. All The Business and all Seller Products complied and comply in all material respects with applicable governmental authorizations and Laws, and to the Knowledge of Seller, there have not been and there are no material defects or deficiencies in such Seller Products. Each Product sold and delivered by the Company and its Subsidiaries since January 1, 2008 has conformed in all material respects with all applicable Contractual commitments and all express and implied warranties, are free from significant defects in workmanship and materials, and conform in all material respects with standards for products of that type and none of the Company nor any of its Subsidiaries has any material liability (and, to the Knowledge of the Company, there is no basis for any assertion of liability) for replacement or repair thereof or other damages in connection therewith, subject only to wear and tear in the ordinary course of business and reserves in the Financial Statements for product warranty claims and claims of damaged or defective products from customers or the Company and its Subsidiaries.

Warranties; Product Liability. Except as described in Section 4.25 Since May 7, 2018 (a) neither Seller nor any of the Company Disclosure Schedules, (i) there is no notice, demand, claim, action, suit, inquiry, hearing, Proceeding, its Subsidiaries has received any written notice of any material Action or violation or investigation from, by or before any Government Governmental Entity relating to any product (Seller Product, including the packaging and advertising related thereto) designed, formulated, manufactured, processed, sold or placed in the stream of commerce any services provided by the Company Seller or any of its Subsidiaries (a “Product”)Subsidiaries, or claim or lawsuit nor is there any Action involving a Seller Product which is currently pending or, to the Knowledge of the CompanySeller, threatened, threatened by any Person, and (iib) there has not been, nor is there under consideration by the Company Seller or any of its Subsidiaries, any recall of a Seller Product recall or post-sale warning of a material nature conducted by or on behalf concerning any Seller Product, (c) there are no pending or, to the Knowledge of the Company Seller, threatened claims with respect to any such warranty which would reasonably be expected to be material to Seller or any Subsidiary or the Business, and (d) there are no material pending or, to the Knowledge of its Subsidiaries concerning Seller, threatened product liability claims with respect to any ProductSeller Product and no such claims have been settled or adjudicated. All The Business and all Seller Products complied and comply in all material respects with applicable governmental authorizations and Laws, and to the Knowledge of Seller, there have not been and there are no material defects or deficiencies in such Seller Products. Each Product sold and delivered by the Company and its Subsidiaries since January 1, 2008 has conformed in all material respects with all applicable Contractual commitments and all express and implied warranties, are free from significant defects in workmanship and materials, and conform in all material respects with standards for products of that type and none of the Company nor any of its Subsidiaries has any material liability (and, to the Knowledge of the Company, there is no basis for any assertion of liability) for replacement or repair thereof or other damages in connection therewith, subject only to wear and tear in the ordinary course of business and reserves in the Financial Statements for product warranty claims and claims of damaged or defective products from customers or the Company and its Subsidiaries.