Common use of Limitation on Representations and Warranties Clause in Contracts

Limitation on Representations and Warranties. EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENT, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE PATENT RIGHTS AND COMPOUNDS AND MATERIALS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, VALIDITY OF PATENT RIGHTS CLAIMS, WHETHER ISSUED OR PENDING, AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. Specifically, and not to limit the foregoing, XXXXXXXXX and DFCI make no warranty or representation (i) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGES OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING.

Limitation on Representations and Warranties. EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENT, XXXXXXXXX AND DFCI MAKE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSRIGHTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, VALIDITY OF PATENT RIGHTS CLAIMS, WHETHER ISSUED OR PENDING, AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. Specifically, and not to limit the foregoing, XXXXXXXXX and DFCI make makes no warranty or representation (i) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known[***]. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AGENTS, AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGES OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER XXXXXXXXX OR DFCI COMPANY SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING.. CERTAIN CONFIDENTIAL INFORMATION IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS MASTER PURCHASE AND SALE AGREEMENT, XXXXXXXXX ANY INDIVIDUAL PURCHASE AND DFCI MAKE NO REPRESENTATIONS SALE AGREEMENT AND/OR WARRANTIES IN ANY OF THE DOCUMENTS DELIVERED AT CLOSING, NEITHER THE SELLER, THE FRANCHISOR, OPERATING TENANT, THE EMPLOYER OR ANY KIND CONCERNING OF THEIR AFFILIATES, NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE BUSINESS BEING CONDUCTED AT THE PROPERTY, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR ANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, VALIDITY SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF PATENT RIGHTS CLAIMSTHE PROPERTY, WHETHER ISSUED (B) THE PAST, PRESENT OR PENDINGFUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS BEING CONDUCTED AT THE PROPERTY, AND (C) THE ABSENCE COMPLIANCE OF LATENT THE PROPERTY OR THE BUSINESS WITH ANY ZONING REQUIREMENTS, BUILDING CODES OR OTHER DEFECTSAPPLICABLE LAW, WHETHER OR NOT DISCOVERABLE. SpecificallyINCLUDING, and not to limit the foregoingWITHOUT LIMITATION, XXXXXXXXX and DFCI make no warranty or representation THE AMERICANS WITH DISABILITIES ACT OF 1990, (iD) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ACCURACY OF ANY KIND, INCLUDING ECONOMIC DAMAGES ENVIRONMENTAL REPORTS OR INJURY OTHER DATA OR INFORMATION SET FORTH IN THE SELLER DUE DILIGENCE MATERIALS PROVIDED TO PROPERTY AND LOST PROFITS, REGARDLESS PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWTHE SELLER, OR IN FACT SHALL KNOW OF (E) ANY OTHER MATTER RELATING TO THE POSSIBILITY OF SELLER, THE FOREGOINGPROPERTY OR THE BUSINESS BEING CONDUCTED AT THE PROPERTY.

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENTAGREEMENT OR IN ANY SELLER CLOSING DELIVERIES, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS NEITHER SELLER, RADISSON, EXISTING MANAGER OR WARRANTIES ANY OF THEIR AFFILIATES, NOR ANY KIND CONCERNING OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE BUSINESS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, AND PURCHASER HEREBY WAIVES AND RELEASES SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR ANY WARRANTIES OR COVENANTS REFERRED TO IN SECTION 5.023 OF THE TEXAS PROPERTY CODE (OR ITS SUCCESSORS) WITH RESPECT TO THE PROPERTY OR ITS CONDITION OR THE CONSTRUCTION, VALIDITY PROSPECTS, OPERATIONS OR RESULTS OF PATENT RIGHTS CLAIMSOPERATIONS OF THE PROPERTY, WHETHER ISSUED OR PENDINGANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, AND SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF THE ABSENCE PROPERTY, (B) THE PAST, PRESENT OR FUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS, (C) THE COMPLIANCE OF LATENT THE PROPERTY OR THE BUSINESS WITH ANY ZONING REQUIREMENTS, BUILDING CODES OR OTHER DEFECTSAPPLICABLE LAW, WHETHER OR NOT DISCOVERABLE. SpecificallyINCLUDING, and not to limit the foregoingWITHOUT LIMITATION, XXXXXXXXX and DFCI make no warranty or representation THE AMERICANS WITH DISABILITIES ACT OF 1990, (iD) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ACCURACY OF ANY KIND, INCLUDING ECONOMIC DAMAGES ENVIRONMENTAL REPORTS OR INJURY OTHER DATA OR INFORMATION SET FORTH IN SELLER DUE DILIGENCE MATERIALS PROVIDED TO PROPERTY AND LOST PROFITS, REGARDLESS PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWSELLER, OR IN FACT (E) ANY OTHER MATTER RELATING TO SELLER, THE PROPERTY OR THE BUSINESS. THIS SECTION 6.2 SHALL KNOW OF SURVIVE THE POSSIBILITY OF THE FOREGOINGCLOSING.

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENT, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS NEITHER SELLER, OPERATING TENANT, STARWOOD, EMPLOYER OR WARRANTIES ANY OF THEIR AFFILIATES, NOR ANY KIND CONCERNING OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE BUSINESS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR ANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, VALIDITY SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF PATENT RIGHTS CLAIMSTHE PROPERTY, WHETHER ISSUED (B) THE PAST, PRESENT OR PENDINGFUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS, AND (C) THE ABSENCE COMPLIANCE OF LATENT THE PROPERTY OR THE BUSINESS WITH ANY ZONING REQUIREMENTS, BUILDING CODES OR OTHER DEFECTSAPPLICABLE LAW, WHETHER OR NOT DISCOVERABLE. SpecificallyINCLUDING, and not to limit the foregoingWITHOUT LIMITATION, XXXXXXXXX and DFCI make no warranty or representation THE AMERICANS WITH DISABILITIES ACT OF 1990, (iD) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ACCURACY OF ANY KIND, INCLUDING ECONOMIC DAMAGES ENVIRONMENTAL REPORTS OR INJURY OTHER DATA OR INFORMATION SET FORTH IN THE SELLER DUE DILIGENCE MATERIALS PROVIDED TO PROPERTY AND LOST PROFITS, REGARDLESS PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWSELLER, OR IN FACT SHALL KNOW OF (E) ANY OTHER MATTER RELATING TO SELLER, THE POSSIBILITY OF PROPERTY OR THE FOREGOINGBUSINESS.

Limitation on Representations and Warranties. BUYER ACKNOWLEDGES AND AGREES THAT EXCEPT AS MAY OTHERWISE BE FOR THE SELLERS’ FUNDAMENTAL REPRESENTATIONS AND SELLERS’ NON-FUNDAMENTAL REPRESENTATIONS EXPRESSLY SET FORTH IN Article 2 AND Article 3, RESPECTIVELY, OF THIS AGREEMENTAGREEMENT (IN EACH CASE, XXXXXXXXX AND DFCI MAKE NO AS MODIFIED BY THE SCHEDULES), NONE OF SELLERS, THE COMPANY, ANY OF THEIR RESPECTIVE AFFILIATES OR REPRESENTATIVES, OR ANY OTHER PERSON ACTING ON BEHALF OF SELLERS OR THE COMPANY, HAS MADE OR IS MAKING ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSKIND, WRITTEN OR ORAL, COMMON LAW OR STATUTORY, AT LAW OR IN EQUITY, EXPRESS OR IMPLIEDIMPLIED (INCLUDING ANY IMPLIED REPRESENTATION OR WARRANTY AS TO CONDITION, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE), NONINFRINGEMENT, VALIDITY OF PATENT RIGHTS CLAIMS, WHETHER ISSUED AS TO THE ACCURACY OR PENDING, AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. Specifically, and not to limit the foregoing, XXXXXXXXX and DFCI make no warranty or representation (i) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES COMPLETENESS OF ANY KINDINFORMATION REGARDING THE COMPANY STOCK, THE COMPANY, ANY SELLER, OR THE BUSINESS, CONDITION (FINANCIAL OR OTHERWISE), PROSPECTS, ASSETS OR LIABILITIES OF ANY SELLER OR THE COMPANY, INCLUDING ECONOMIC DAMAGES OR INJURY TO PROPERTY AND LOST PROFITSESTIMATES, REGARDLESS OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISEDPROJECTIONS, SHALL HAVE OTHER REASON TO KNOWFORECASTS, BUDGETS, OR IN FACT SHALL KNOW OF THE POSSIBILITY ANY OTHER FORWARD-LOOKING STATEMENTS (ANY OF THE FOREGOING, AN ”EXTRA-CONTRACTUAL STATEMENT”). BUYER IS NOT RELYING, AND HAS NOT RELIED, ON ANY EXTRA-CONTRACTUAL STATEMENT AND IS RELYING SOLELY ON THE SELLERS’ FUNDAMENTAL REPRESENTATIONS AND SELLERS’ NON-FUNDAMENTAL REPRESENTATIONS EXPRESSLY SET FORTH IN Article 2 AND Article 3, RESPECTIVELY, OF THIS AGREEMENT (IN EACH CASE AS MODIFIED BY THE SCHEDULES) IN DETERMINING TO ENTER INTO THIS AGREEMENT AND CONSUMMATE THE TRANSACTIONS CONTEMPLATED HEREBY. BUYER HEREBY EXPRESSLY WAIVES AND RELINQUISHES ANY AND ALL RIGHTS, CLAIMS, AND CAUSES OF ACTION IN CONNECTION WITH THE EXISTENCE, ACCURACY, COMPLETENESS, OR MATERIALITY OF ANY EXTRA-CONTRACTUAL STATEMENT.

Limitation on Representations and Warranties. EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENTHEREIN AND WITHOUT LIMITING THE REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, XXXXXXXXX AND DFCI MAKE THE SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF AS TO THE SOLD ASSETS, WHICH ARE BEING SOLD TO PURCHASER “AS IS,” “WHERE IS” AND WITH ALL DEFECTS AT THE FUNDING DATE. WITHOUT LIMITING ANY KIND CONCERNING OTHER DISCLAIMERS OR LIMITATIONS HEREIN, THE PATENT RIGHTS SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND COMPOUNDS AND MATERIALS, ALL EXPRESS OR IMPLIEDIMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOLD ASSETS, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, VALIDITY OF PATENT RIGHTS CLAIMS, WHETHER ISSUED PURPOSE OR PENDINGNON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. Specifically, and not to limit the foregoing, XXXXXXXXX and DFCI make no warranty or representation (i) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGES OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY GENERALITY OF THE FOREGOING, THE SELLER MAKE NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO (A) ANY PROJECTIONS, ESTIMATES OR BUDGETS HERETOFORE DELIVERED TO OR MADE AVAILABLE TO PURCHASER OF FUTURE REVENUES, EXPENSES OR EXPENDITURES, FUTURE RESULTS OF OPERATIONS (OR ANY COMPONENT THEREOF), FUTURE CASH FLOWS OR FUTURE FINANCIAL CONDITION (OR ANY COMPONENT THEREOF) OF THE SOLD ASSETS OR (B) ANY OTHER INFORMATION OR DOCUMENTS MADE AVAILABLE TO PURCHASER OR ITS COUNSEL, ACCOUNTANTS, ADVISORS OR OTHER REPRESENTATIVES WITH RESPECT TO THE SOLD ASSETS, EXCEPT AS EXPRESSLY COVERED BY A REPRESENTATION AND WARRANTY CONTAINED IN SECTION 3.01(A) THROUGH (TT).

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENTAGREEMENT OR IN THE SELLER DOCUMENTS, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS NEITHER THE SELLER, MANAGER, EMPLOYER OR WARRANTIES ANY OF THEIR AFFILIATES, NOR ANY KIND CONCERNING OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE BUSINESS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR ANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, VALIDITY SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF PATENT RIGHTS CLAIMSTHE PROPERTY, WHETHER ISSUED (B) THE PAST, PRESENT OR PENDINGFUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS, AND (C) THE ABSENCE COMPLIANCE OF LATENT THE PROPERTY OR THE BUSINESS WITH ANY ZONING REQUIREMENTS, BUILDING CODES OR OTHER DEFECTSAPPLICABLE LAW, WHETHER OR NOT DISCOVERABLE. SpecificallyINCLUDING, and not to limit the foregoingWITHOUT LIMITATION, XXXXXXXXX and DFCI make no warranty or representation THE AMERICANS WITH DISABILITIES ACT OF 1990, (iD) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ACCURACY OF ANY KIND, INCLUDING ECONOMIC DAMAGES ENVIRONMENTAL REPORTS OR INJURY OTHER DATA OR INFORMATION SET FORTH IN THE SELLER DUE DILIGENCE MATERIALS PROVIDED TO PROPERTY AND LOST PROFITS, REGARDLESS PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWSELLER, OR IN FACT SHALL KNOW OF (E) ANY OTHER MATTER RELATING TO SELLER, THE POSSIBILITY OF PROPERTY OR THE FOREGOINGBUSINESS.

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENT, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS NEITHER SELLER, THE OWNER PARTIES, THEIR AFFILIATES, NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR WARRANTIES REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE FOREGOING, HAVE MADE ANY KIND CONCERNING REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSTRANSFERRED PROPERTY OR THE BUSINESS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR ANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, VALIDITY SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF PATENT RIGHTS CLAIMSTHE TRANSFERRED PROPERTY, WHETHER ISSUED (B) THE COMPLIANCE OF THE TRANSFERRED PROPERTY OR PENDINGTHE BUSINESS WITH ANY ZONING REQUIREMENTS, AND THE ABSENCE OF LATENT BUILDING CODES OR OTHER DEFECTSAPPLICABLE LAW, WHETHER OR NOT DISCOVERABLE. SpecificallyINCLUDING, and not to limit the foregoingWITHOUT LIMITATION, XXXXXXXXX and DFCI make no warranty or representation THE AMERICANS WITH DISABILITIES ACT OF 1990, (iC) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ACCURACY OF ANY KIND, INCLUDING ECONOMIC DAMAGES ENVIRONMENTAL REPORTS OR INJURY OTHER DATA OR INFORMATION SET FORTH IN THE SELLER DUE DILIGENCE MATERIALS PROVIDED TO PROPERTY AND LOST PROFITS, REGARDLESS PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF WHETHER XXXXXXXXX SELLER OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWTHE OWNER PARTIES, OR IN FACT SHALL KNOW OF (D) ANY OTHER MATTER RELATING TO SELLER OR THE POSSIBILITY OF OWNER PARTIES, THE FOREGOINGTRANSFERRED PROPERTY OR THE BUSINESS.

Limitation on Representations and Warranties. Except for the representations and warranties set forth in this Agreement, the Business and Business Assets are being sold "AS IS, WHERE IS." EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH STATED ABOVE OR AS STATED IN THIS AGREEMENT, XXXXXXXXX AND DFCI MAKE SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER CONCERNING THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSASSUMED LIABILITIES, BUSINESS ASSETS, OR THE BUSINESS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES ORAL, OR WRITTEN, AND SELLER HEREBY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO THE SELLER'S REPRESENTATIONS AND WARRANTIES WHICH ARE CONTAINED IN THIS AGREEMENT, NONINFRINGEMENT, VALIDITY THE SELLER SHALL ONLY BE LIABLE TO THE PURCHASER FOR DAMAGES TO THE EXTENT CAUSED SOLELY AND DIRECTLY BY SELLER'S BREACH OF PATENT RIGHTS CLAIMS, WHETHER ISSUED ANY SUCH REPRESENTATIONS OR PENDING, AND THE ABSENCE WARRANTIES (OTHER THAN DAMAGES AS A RESULT OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLEFRAUD). Specifically, and not to limit the foregoing, XXXXXXXXX and DFCI make no warranty or representation (i) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES SELLER BE LIABLE FOR INCIDENTAL CONSEQUENTIAL, INCIDENTAL, OR CONSEQUENTIAL SPECIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, FROM ANY SUCH BREACH OR OTHERWISE, AND IN ANY EVENT, SELLER'S CUMULATIVE LIABILITY TO PURCHASER FOR BREACH OF REPRESENTATIONS OR WARRANTY OR OTHER CLAIMS SHALL BE LIMITED IN THE AGGREGATE TO PROVEN COMPENSATORY DAMAGES, NOT TO EXCEED THE PURCHASE PRICE (AS FINALLY DETERMINED AND ADJUSTED), PROVIDED, THAT IF AT THE TIME OF SUCH BREACH PURCHASER IS IN DEFAULT UNDER ANY DEBT, OBLIGATION, OR ASSUMED LIABILITY ASSUMED HEREUNDER, THEN THE AFORESAID LIMITATION ON LIABILITY SHALL BE THE FINAL PURCHASE PRICE LESS THE REMAINING PRINCIPAL AMOUNT OF ANY KINDSUCH ASSUMED DEBT, INCLUDING ECONOMIC DAMAGES OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWOBLIGATION, OR ASSUMED LIABILITY IN FACT SHALL KNOW RESPECT OF THE POSSIBILITY OF THE FOREGOINGWHICH PURCHASER IS IN DEFAULT.

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENTAGREEMENT OR ANY OTHER TRANSACTION DOCUMENT, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS NEITHER SELLER, MANAGER OR WARRANTIES ANY OF THEIR AFFILIATES, NOR ANY KIND CONCERNING OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE BUSINESS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR ANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, VALIDITY SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF PATENT RIGHTS CLAIMSTHE PROPERTY, WHETHER ISSUED (B) THE PAST, PRESENT OR PENDINGFUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS, AND (C) THE ABSENCE COMPLIANCE OF LATENT THE PROPERTY OR THE BUSINESS WITH ANY ZONING REQUIREMENTS, BUILDING CODES OR OTHER DEFECTSAPPLICABLE LAW, WHETHER OR NOT DISCOVERABLE. SpecificallyINCLUDING, and not to limit the foregoingWITHOUT LIMITATION, XXXXXXXXX and DFCI make no warranty or representation THE AMERICANS WITH DISABILITIES ACT OF 1990, (iD) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ACCURACY OF ANY KIND, INCLUDING ECONOMIC DAMAGES ENVIRONMENTAL REPORTS OR INJURY OTHER DATA OR INFORMATION SET FORTH IN THE SELLER DUE DILIGENCE MATERIALS PROVIDED TO PROPERTY AND LOST PROFITS, REGARDLESS PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWSELLER, OR IN FACT SHALL KNOW OF (E) ANY OTHER MATTER RELATING TO SELLER, THE POSSIBILITY OF PROPERTY OR THE FOREGOINGBUSINESS.

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENT, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS ANY SELLER DOCUMENT OR, IN THE CASE OF MANAGER, ANY MANAGEMENT AGREEMENT ESTOPPEL, NEITHER SELLER, ANY STARWOOD ENTITY, MANAGER, OR WARRANTIES ANY OF THEIR AFFILIATES, NOR ANY KIND CONCERNING OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE BUSINESS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR ANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, VALIDITY SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF PATENT RIGHTS CLAIMSTHE PROPERTY, WHETHER ISSUED (B) THE PAST, PRESENT OR PENDINGFUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS, AND (C) THE ABSENCE COMPLIANCE OF LATENT THE PROPERTY OR THE BUSINESS WITH ANY ZONING REQUIREMENTS, BUILDING CODES OR OTHER DEFECTSAPPLICABLE LAW, WHETHER OR NOT DISCOVERABLE. SpecificallyINCLUDING THE AMERICANS WITH DISABILITIES ACT OF 1990, and not to limit the foregoing, XXXXXXXXX and DFCI make no warranty or representation (iD) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ACCURACY OF ANY KIND, INCLUDING ECONOMIC DAMAGES ENVIRONMENTAL REPORTS OR INJURY OTHER DATA OR INFORMATION SET FORTH IN THE SELLER DUE DILIGENCE MATERIALS PROVIDED TO PROPERTY AND LOST PROFITS, REGARDLESS PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWSELLER, OR IN FACT SHALL KNOW OF (E) ANY OTHER MATTER RELATING TO SELLER, THE POSSIBILITY OF PROPERTY OR THE FOREGOINGBUSINESS.

Limitation on Representations and Warranties. (A) BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENTAGREEMENT OR IN ANY CLOSING DOCUMENTS EXECUTED AND DELIVERED BY SELLERS TO BUYER AT CLOSING, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS NONE OF SELLERS, HOTEL MANAGER OR WARRANTIES ANY OF THEIR AFFILIATES, NOR ANY KIND CONCERNING OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE BUSINESS OF THE HOTELS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, VALIDITY OF PATENT RIGHTS CLAIMS, WHETHER ISSUED OR PENDING, AND THE ABSENCE OF LATENT ANY REPRESENTATION OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. Specifically, and not to limit the foregoing, XXXXXXXXX and DFCI make no warranty or representation WARRANTY AS TO (i) regarding the validity or scope of the PATENT RIGHTSTHE CONDITION, and SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF THE PROPERTY, (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICETHE PAST, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1PRESENT OR FUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS OF THE HOTELS, IN NO EVENT SHALL (iii) THE COMPLIANCE OF THE PROPERTY OR THE BUSINESS OF THE HOTELS WITH ANY PARTYZONING REQUIREMENTS, THEIR TRUSTEESBUILDING CODES OR OTHER APPLICABLE LAW, DIRECTORSINCLUDING, OFFICERSWITHOUT LIMITATION, EMPLOYEES FACULTYTHE AMERICANS WITH DISABILITIES ACT OF 1990, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (iv) THE ACCURACY OF ANY KINDENVIRONMENTAL REPORTS, INCLUDING ECONOMIC DAMAGES FINANCIAL AUDITS OF THE PROPERTY OR INJURY OTHER DATA OR INFORMATION SET FORTH IN ANY DUE DILIGENCE MATERIALS PROVIDED BY SELLERS TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWBUYER, OR IN FACT SHALL KNOW (v) ANY OTHER MATTER RELATING TO SELLERS, THE PROPERTY OR THE BUSINESS OF THE POSSIBILITY OF THE FOREGOINGHOTELS.

Limitation on Representations and Warranties. (A) BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENTAGREEMENT OR IN ANY CLOSING DOCUMENTS EXECUTED AND DELIVERED BY SELLER TO BUYER AT CLOSING, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS NEITHER SELLER, HOTEL MANAGER OR WARRANTIES ANY OF THEIR AFFILIATES, NOR ANY KIND CONCERNING OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE BUSINESS OF THE HOTEL, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, VALIDITY OF PATENT RIGHTS CLAIMS, WHETHER ISSUED OR PENDING, AND THE ABSENCE OF LATENT ANY REPRESENTATION OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. Specifically, and not to limit the foregoing, XXXXXXXXX and DFCI make no warranty or representation WARRANTY AS TO (i) regarding the validity or scope of the PATENT RIGHTSTHE CONDITION, and SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF THE PROPERTY, (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICETHE PAST, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1PRESENT OR FUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS OF THE HOTEL, IN NO EVENT SHALL (iii) THE COMPLIANCE OF THE PROPERTY OR THE BUSINESS OF THE HOTEL WITH ANY PARTYZONING REQUIREMENTS, THEIR TRUSTEESBUILDING CODES OR OTHER APPLICABLE LAW, DIRECTORSINCLUDING, OFFICERSWITHOUT LIMITATION, EMPLOYEES FACULTYTHE AMERICANS WITH DISABILITIES ACT OF 1990, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (iv) THE ACCURACY OF ANY KINDENVIRONMENTAL REPORTS, INCLUDING ECONOMIC DAMAGES FINANCIAL AUDITS OF THE PROPERTY OR INJURY OTHER DATA OR INFORMATION SET FORTH IN ANY DUE DILIGENCE MATERIALS PROVIDED BY SELLER TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWBUYER, OR IN FACT SHALL KNOW (v) ANY OTHER MATTER RELATING TO SELLER, THE PROPERTY OR THE BUSINESS OF THE POSSIBILITY OF THE FOREGOINGHOTEL.

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENT, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS NEITHER SELLER, NOR ANY AGENT OR WARRANTIES REPRESENTATIVE OF SELLER, HAS MADE, ANY KIND CONCERNING THE PATENT RIGHTS AND COMPOUNDS AND MATERIALS, EXPRESS OR IMPLIEDIMPLIED REPRESENTATIONS, INCLUDING WARRANTIES, COVENANTS, AGREEMENTS, OBLIGATIONS, GUARANTEES, STATEMENTS, INFORMATION OR INDUCEMENTS PERTAINING TO THE PROPERTY, TITLE TO THE PROPERTY, THE PHYSICAL CONDITION THEREOF, THE FITNESS AND QUALITY THEREOF, THE VALUE AND PROFITABILITY THEREOF, OR ANY OTHER MATTER WITH RESPECT THERETO. PURCHASER ACKNOWLEDGES THAT AS OF THE EXPIRATION OF THE DUE DILGENCE PERIOD IT WILL HAVE HAD SUCH ACCESS TO THE PROPERTY AND SUCH OTHER MATTERS AND TO INFORMATION AND DATA RELATING TO ALL OF SAME AS PURCHASER HAS CONSIDERED NECESSARY, PRUDENT, APPROPRIATE OR DESIRABLE FOR THE PURPOSES OF THIS TRANSACTION. WITHOUT LIMITATION WARRANTIES LIMITING THE FOREGOING, PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER SELLER NOR ANY REPRESENTATIVE OF MERCHANTABILITYSELLER IS LIABLE OR RESPONSIBLE FOR OR BOUND IN ANY MANNER BY (AND PURCHASER HAS NOT RELIED UPON) ANY VERBAL OR WRITTEN OR SUPPLIED REPRESENTATIONS, FITNESS FOR A PARTICULAR PURPOSEWARRANTIES, NONINFRINGEMENTCOVENANTS, VALIDITY OF PATENT RIGHTS CLAIMSAGREEMENTS, WHETHER ISSUED OBLIGATIONS, GUARANTEES, STATEMENTS OR PENDINGINFORMATION PERTAINING TO THE PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, PURCHASER IS PURCHASING THE PROPERTY, "AS IS" AT THE DATE HEREOF, SUBJECT TO ANY REASONABLE WEAR AND TEAR BETWEEN THE DATE HEREOF AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. Specifically, and not to limit the foregoing, XXXXXXXXX and DFCI make no warranty or representation (i) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGES OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING.CLOSING DATE

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENT, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS SELLER PARTY NOR ANY OF THEIR RESPECTIVE AFFILIATES, NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR WARRANTIES REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE FOREGOING, HAVE MADE ANY KIND CONCERNING REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSPROPERTY OR THE BUSINESS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR ANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, VALIDITY SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF PATENT RIGHTS CLAIMSTHE PROPERTY, WHETHER ISSUED (B) THE PAST, PRESENT OR PENDINGFUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS, AND (C) THE ABSENCE COMPLIANCE OF LATENT THE PROPERTY OR THE BUSINESS WITH ANY ZONING REQUIREMENTS, BUILDING CODES OR OTHER DEFECTSAPPLICABLE LAW, WHETHER OR NOT DISCOVERABLE. SpecificallyINCLUDING THE AMERICANS WITH DISABILITIES ACT OF 1990, and not to limit the foregoing, XXXXXXXXX and DFCI make no warranty or representation (iD) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ACCURACY OF ANY KIND, INCLUDING ECONOMIC DAMAGES ENVIRONMENTAL REPORTS OR INJURY OTHER DATA OR INFORMATION SET FORTH IN THE SELLER DUE DILIGENCE MATERIALS PROVIDED TO PROPERTY AND LOST PROFITS, REGARDLESS PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWSELLER, OR IN FACT SHALL KNOW OF (E) ANY OTHER MATTER RELATING TO SELLER, THE POSSIBILITY OF PROPERTY OR THE FOREGOINGBUSINESS.

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENTAGREEMENT OR IN ANY SELLER CLOSING DELIVERIES, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS NEITHER SELLER, RADISSON, EXISTING MANAGER OR WARRANTIES ANY OF THEIR AFFILIATES, NOR ANY KIND CONCERNING OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE BUSINESS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, AND PURCHASER HEREBY WAIVES AND RELEASES SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR ANY WARRANTIES OR COVENANTS REFERRED TO IN SECTION 5.023 OF THE TEXAS PROPERTY CODE (OR ITS SUCCESSORS) WITH RESPECT TO THE PROPERTY OR ITS CONDITION OR THE CONSTRUCTION, VALIDITY PROSPECTS, OPERATIONS OR RESULTS OF PATENT RIGHTS CLAIMSOPERATIONS OF THE PROPERTY, WHETHER ISSUED OR PENDINGANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, AND SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF THE ABSENCE PROPERTY, (B) THE PAST, PRESENT OR FUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS, (C) THE COMPLIANCE OF LATENT THE PROPERTY OR THE BUSINESS WITH ANY ZONING REQUIREMENTS, BUILDING CODES OR OTHER DEFECTSAPPLICABLE LAW, WHETHER OR NOT DISCOVERABLE. SpecificallyINCLUDING, and not to limit the foregoingWITHOUT LIMITATION, XXXXXXXXX and DFCI make no warranty or representation THE AMERICANS WITH DISABILITIES ACT OF 1990, (iD) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ACCURACY OF ANY KIND, INCLUDING ECONOMIC DAMAGES ENVIRONMENTAL REPORTS OR INJURY OTHER DATA OR INFORMATION SET FORTH IN SELLER DUE DILIGENCE MATERIALS PROVIDED TO PROPERTY AND LOST PROFITS, REGARDLESS PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWSELLER, OR IN FACT (E) ANY OTHER MATTER RELATING TO SELLER, THE PROPERTY OR THE BUSINESS. THIS SECTION 6.2 SHALL KNOW OF SURVIVE THE POSSIBILITY OF THE FOREGOING.CLOSING. 6.3

Limitation on Representations and Warranties. (a) BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENTFOR THE SELLER’S WARRANTIES, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS NONE OF SELLER GROUP, HOTEL MANAGEMENT COMPANY OR WARRANTIES ANY OF THEIR AFFILIATES, NOR ANY KIND CONCERNING OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE BUSINESS OF THE HOTELS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, VALIDITY OF PATENT RIGHTS CLAIMS, WHETHER ISSUED OR PENDING, AND THE ABSENCE OF LATENT ANY REPRESENTATION OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. Specifically, and not to limit the foregoing, XXXXXXXXX and DFCI make no warranty or representation WARRANTY AS TO (i) regarding the validity or scope of the PATENT RIGHTSTHE CONDITION, and SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF THE PROPERTY, (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICETHE PAST, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1PRESENT OR FUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS OF THE HOTELS, IN NO EVENT SHALL (iii) THE COMPLIANCE OF THE PROPERTY OR THE BUSINESS OF THE HOTELS WITH ANY PARTYZONING REQUIREMENTS, THEIR TRUSTEESBUILDING CODES OR OTHER APPLICABLE LAW, DIRECTORSINCLUDING, OFFICERSWITHOUT LIMITATION, EMPLOYEES FACULTYTHE AMERICANS WITH DISABILITIES ACT OF 1990, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (iv) THE ACCURACY OF ANY KINDENVIRONMENTAL REPORTS, INCLUDING ECONOMIC DAMAGES FINANCIAL AND OPERATING DATA OR INJURY OTHER INFORMATION SET FORTH IN ANY DUE DILIGENCE MATERIALS PROVIDED BY SELLER TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWBUYER, OR IN FACT SHALL KNOW (v) ANY OTHER MATTER RELATING TO SELLER, SELLER’S SUBSIDIARIES, THE PROPERTY OR THE BUSINESS OF THE POSSIBILITY OF THE FOREGOINGHOTELS.

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENT, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS NEITHER SELLER, STARWOOD, MANAGER, OPERATING TENANT, EMPLOYER OR WARRANTIES ANY OF THEIR AFFILIATES, NOR ANY KIND CONCERNING OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE BUSINESS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR ANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, VALIDITY SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF PATENT RIGHTS CLAIMSTHE PROPERTY, WHETHER ISSUED (B) THE PAST, PRESENT OR PENDINGFUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS, AND (C) THE ABSENCE COMPLIANCE OF LATENT THE PROPERTY OR THE BUSINESS WITH ANY ZONING REQUIREMENTS, BUILDING CODES OR OTHER DEFECTSAPPLICABLE LAW, WHETHER OR NOT DISCOVERABLE. SpecificallyINCLUDING, and not to limit the foregoingWITHOUT LIMITATION, XXXXXXXXX and DFCI make no warranty or representation THE AMERICANS WITH DISABILITIES ACT OF 1990, (iD) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ACCURACY OF ANY KIND, INCLUDING ECONOMIC DAMAGES ENVIRONMENTAL REPORTS OR INJURY OTHER DATA OR INFORMATION SET FORTH IN THE SELLER DUE DILIGENCE MATERIALS PROVIDED TO PROPERTY AND LOST PROFITS, REGARDLESS PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWSELLER, OR IN FACT SHALL KNOW OF (E) ANY OTHER MATTER RELATING TO SELLER, THE POSSIBILITY OF PROPERTY OR THE FOREGOINGBUSINESS.

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENT, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS NEITHER SELLER, STARWOOD, MANAGER, TPP SUBSIDIARY, OPERATING TENANT, EMPLOYER OR WARRANTIES ANY OF THEIR AFFILIATES, NOR ANY KIND CONCERNING OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE BUSINESS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR ANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, VALIDITY SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF PATENT RIGHTS CLAIMSTHE PROPERTY, WHETHER ISSUED (B) THE PAST, PRESENT OR PENDINGFUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS, AND (C) THE ABSENCE COMPLIANCE OF LATENT THE PROPERTY OR THE BUSINESS WITH ANY ZONING REQUIREMENTS, BUILDING CODES OR OTHER DEFECTSAPPLICABLE LAW, WHETHER OR NOT DISCOVERABLE. SpecificallyINCLUDING, and not to limit the foregoingWITHOUT LIMITATION, XXXXXXXXX and DFCI make no warranty or representation THE AMERICANS WITH DISABILITIES ACT OF 1990 AND ANY ENVIRONMENTAL LAWS, (iD) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ACCURACY OF ANY KIND, INCLUDING ECONOMIC DAMAGES ENVIRONMENTAL REPORTS OR INJURY OTHER DATA OR INFORMATION SET FORTH IN THE SELLER DUE DILIGENCE MATERIALS PROVIDED TO PROPERTY AND LOST PROFITS, REGARDLESS PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWSELLER, OR IN FACT SHALL KNOW OF (E) ANY OTHER MATTER RELATING TO SELLER, THE POSSIBILITY OF PROPERTY OR THE FOREGOINGBUSINESS.

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENTAGREEMENT OR IN ANY OF THE OTHER SELLER CLOSING DELIVERIES, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS AS APPLICABLE, NEITHER SELLER, STARWOOD, TPP SUBSIDIARY, MANAGER, OPERATING TENANT, EMPLOYER OR WARRANTIES ANY OF THEIR AFFILIATES, NOR ANY KIND CONCERNING OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE BUSINESS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR ANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, VALIDITY SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF PATENT RIGHTS CLAIMSTHE PROPERTY, WHETHER ISSUED (B) THE PAST, PRESENT OR PENDINGFUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS, AND (C) THE ABSENCE COMPLIANCE OF LATENT THE PROPERTY OR THE BUSINESS WITH ANY ZONING REQUIREMENTS, BUILDING CODES OR OTHER DEFECTSAPPLICABLE LAW, WHETHER OR NOT DISCOVERABLE. SpecificallyINCLUDING, and not to limit the foregoingWITHOUT LIMITATION, XXXXXXXXX and DFCI make no warranty or representation THE AMERICANS WITH DISABILITIES ACT OF 1990, (iD) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ACCURACY OF ANY KIND, INCLUDING ECONOMIC DAMAGES ENVIRONMENTAL REPORTS OR INJURY OTHER DATA OR INFORMATION SET FORTH IN THE SELLER DUE DILIGENCE MATERIALS PROVIDED TO PROPERTY AND LOST PROFITS, REGARDLESS PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWSELLER, OR IN FACT SHALL KNOW OF (E) ANY OTHER MATTER RELATING TO SELLER, THE POSSIBILITY OF PROPERTY OR THE FOREGOINGBUSINESS.

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENT, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS OR WARRANTIES ANY SELLER DOCUMENT, NEITHER SELLER, ANY STARWOOD ENTITY, MANAGER, OR ANY OF THEIR AFFILIATES, NOR ANY KIND CONCERNING OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE BUSINESS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR ANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, VALIDITY SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF PATENT RIGHTS CLAIMSTHE PROPERTY, WHETHER ISSUED (B) THE PAST, PRESENT OR PENDINGFUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS, AND (C) THE ABSENCE COMPLIANCE OF LATENT THE PROPERTY OR THE BUSINESS WITH ANY ZONING REQUIREMENTS, BUILDING CODES OR OTHER DEFECTSAPPLICABLE LAW, WHETHER OR NOT DISCOVERABLE. SpecificallyINCLUDING THE AMERICANS WITH DISABILITIES ACT OF 1990, and not to limit the foregoing, XXXXXXXXX and DFCI make no warranty or representation (iD) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ACCURACY OF ANY KIND, INCLUDING ECONOMIC DAMAGES ENVIRONMENTAL REPORTS OR INJURY OTHER DATA OR INFORMATION SET FORTH IN THE SELLER DUE DILIGENCE MATERIALS PROVIDED TO PROPERTY AND LOST PROFITS, REGARDLESS PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWSELLER, OR IN FACT SHALL KNOW OF (E) ANY OTHER MATTER RELATING TO SELLER, THE POSSIBILITY OF PROPERTY OR THE FOREGOINGBUSINESS.

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENTAGREEMENT OR IN THE SELLER DOCUMENTS, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS NEITHER SELLER, STARWOOD, MANAGER, EMPLOYER OR WARRANTIES ANY OF THEIR AFFILIATES, NOR ANY KIND CONCERNING OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE BUSINESS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR ANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, VALIDITY SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF PATENT RIGHTS CLAIMSTHE PROPERTY, WHETHER ISSUED (B) THE PAST, PRESENT OR PENDINGFUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE BUSINESS, AND (C) THE ABSENCE COMPLIANCE OF LATENT THE PROPERTY OR THE BUSINESS WITH ANY ZONING REQUIREMENTS, BUILDING CODES OR OTHER DEFECTSAPPLICABLE LAW, WHETHER OR NOT DISCOVERABLE. SpecificallyINCLUDING, and not to limit the foregoingWITHOUT LIMITATION, XXXXXXXXX and DFCI make no warranty or representation THE AMERICANS WITH DISABILITIES ACT OF 1990, (iD) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ACCURACY OF ANY KIND, INCLUDING ECONOMIC DAMAGES ENVIRONMENTAL REPORTS OR INJURY OTHER DATA OR INFORMATION SET FORTH IN THE SELLER DUE DILIGENCE MATERIALS PROVIDED TO PROPERTY AND LOST PROFITS, REGARDLESS PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWSELLER, OR IN FACT SHALL KNOW OF (E) ANY OTHER MATTER RELATING TO SELLER, THE POSSIBILITY OF PROPERTY OR THE FOREGOINGBUSINESS.

Limitation on Representations and Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENTAGREEMENT AND ANY OF THE DOCUMENTS DELIVERED AT CLOSING BY SELLER, XXXXXXXXX AND DFCI MAKE NO REPRESENTATIONS NEITHER SELLER, MANAGER, LIQUOR LICENSE HOLDER, OR WARRANTIES ANY OF THEIR AFFILIATES, NOR ANY KIND CONCERNING OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO REPRESENT ANY OF THE PATENT RIGHTS AND COMPOUNDS AND MATERIALSFOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, PROJECTION OR PREDICTION WHATSOEVER WITH RESPECT TO THE PROPERTY OR THE OPERATION OF THE PROPERTY, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION WARRANTIES LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOR ANY REPRESENTATION OR WARRANTY AS TO (A) THE CONDITION, VALIDITY SAFETY, QUANTITY, QUALITY, USE, OCCUPANCY OR OPERATION OF PATENT RIGHTS CLAIMSTHE PROPERTY, WHETHER ISSUED (B) THE PAST, PRESENT OR PENDINGFUTURE REVENUES OR EXPENSES WITH RESPECT TO THE PROPERTY OR THE OPERATION OF THE PROPERTY, AND (C) THE ABSENCE COMPLIANCE OF LATENT THE PROPERTY OR THE OPERATION OF THE PROPERTY WITH ANY ZONING REQUIREMENTS, BUILDING CODES OR OTHER DEFECTSAPPLICABLE LAW, WHETHER OR NOT DISCOVERABLE. SpecificallyINCLUDING, and not to limit the foregoingWITHOUT LIMITATION, XXXXXXXXX and DFCI make no warranty or representation THE AMERICANS WITH DISABILITIES ACT OF 1990, (iD) regarding the validity or scope of the PATENT RIGHTS, and (ii) that the exploitation of the PATENT RIGHTS or any LICENSED PRODUCT or LICENSED PROCESS or LICENSED SERVICE, or methods used in making or using COMPOUNDS or MATERIALS will not infringe any patents or other intellectual property rights of XXXXXXXXX or DFCI or of a third party. The COMPOUNDS and MATERIALS are experimental in nature and will be used with prudence and appropriate caution since not all of their characteristics are known. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS UNDER SECTION 8.1, IN NO EVENT SHALL ANY PARTY, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES FACULTY, STUDENTS, MEDICAL AND PROFESSIONAL STAFF, AGENTS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ACCURACY OF ANY KIND, INCLUDING ECONOMIC DAMAGES ENVIRONMENTAL REPORTS OR INJURY OTHER DATA OR INFORMATION SET FORTH IN THE SELLER DUE DILIGENCE MATERIALS PROVIDED TO PROPERTY AND LOST PROFITS, REGARDLESS PURCHASER WHICH WERE PREPARED FOR OR ON BEHALF OF WHETHER XXXXXXXXX OR DFCI SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOWSELLER, OR IN FACT SHALL KNOW (E) ANY OTHER MATTER RELATING TO SELLER, THE PROPERTY OR THE OPERATION OF THE POSSIBILITY OF THE FOREGOINGPROPERTY.