Common use of No Other Warranties Clause in Contracts

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY OR THE ACQUIRED INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARYSUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARYSUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARYSUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY SUBSIDIARIES OR THE ACQUIRED INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINThe Purchaser acknowledges and agrees that no other express warranties whatsoever apply to the structure of the Home and items that are functionally part of the Home. Except as provided in this Agreement, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL NEITHER SELLER NOR BUILDER MAKES ANY OTHER REPRESENTATIONS OR WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORALOF ANY NATURE, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT , INCLUDING, BUT LIMITED TO, THOSE OF WORKMANLIKE CONSTRUCTION, HABITABILITY, DESIGN, CONDITION, QUALITY OR OTHERWISE AS TO THE ACQUIRED INTERESTS, HOLDCO, PROPERTY AND THE SUBSIDIARY, THE ASSETS HOME AND OTHER IMPROVEMENTS CONSTRUCTED THEREON AND EACH OF HOLDCO SELLER AND BUILDER HEREBY EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMEDWARRANTIES. EXCEPT AS EXPRESSLY SET FORTH PROVIDED IN ARTICLE 3THIS AGREEMENT, SELLER MAKES NO REPRESENTATION CLIENT HEREBY ACKNOWLEDGES SUCH DISCLAIMER AND, TO THE FULLEST EXTENT PERMITTED BY LAW, (A) WAIVES ANY AND ALL CLAIMS RELATING TO DAMAGE TO OR WARRANTY DEFECTS IN THE HOME OR ANY IMPROVEMENTS, FIXTURES, APPLIANCES OR OTHER PERSONAL PROPERTY IN THE HOME, WHETHER ARISING UNDER COMMON LAW OR STATUTE, WHETHER BASED ON BREACH OF WARRANTY, TORT, OR ANY OTHER THEORY AT LAW OR IN EQUITY; AND (B) WAIVES ALL RIGHTS TO PURCHASER WITH RESPECT DAMAGES, WHETHER ACTUAL, SPECIAL CONSEQUENTIAL, PUNITIVE OR OTHERWISE, OR OTHER REMEDIES OR RELIEF RELATED TO ANY FINANCIAL PROJECTIONS, FORECASTS SUCH DAMAGE OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY OR THE ACQUIRED INTERESTSDEFECT.

No Other Warranties. Except as otherwise set forth in Section 7.1 and 7.2, nothing in this Agreement shall be construed as a warranty or representation by Dyax that the use of the Dyax Libraries or Dyax Library Materials and the practice of the patent rights and know-how licensed or sublicensed to Merrimack hereunder will result in any Dyax Antibodies or Products, or as a warranty or representation by Dyax that the exploitation of any of the foregoing will be free from infringement of patents of Third Parties. EXCEPT FOR THE WARRANTIES AS OTHERWISE SET FORTH HEREININ SECTION 7.1 and 7.2 ABOVE, NEITHER PARTY HERETO MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY OF THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. PATENT RIGHTS, MATERIALS (INCLUDING WITHOUT LIMITATION THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE DYAX LIBRARIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN DYAX MATERIALS) OR ORALKNOW-HOW LICENSED HEREUNDER, EXPRESS OR IMPLIED; SELLER PROVIDES NO , EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, OR THAT ANY PRODUCT OR SERVICE MADE, USED, SOLD, OR OTHERWISE DISPOSED OF UNDER ANY LICENSE OR SUBLICENSE GRANTED IN THIS AGREEMENT IS OR WILL BE FREE FROM INFRINGEMENT OF ANY PATENT RIGHTS OR OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTSINTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. EACH PARTY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF VALIDITY OR SCOPE OF SUCH PATENT RIGHTS, MATERIALS OR KNOW-HOW, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL NON-INFRINGEMENT OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS THE INTELLECTUAL PROPERTY RIGHTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY OR THE ACQUIRED INTERESTSTHIRD PARTY.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3SECTION 9.1 and 9.2, SELLER SLX MAKES NO REPRESENTATION WARRANTIES OR WARRANTY TO PURCHASER REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUE OR OTHERWISE, AND THE SUBLICENSED IP, LICENSED PROGRAM PRODUCTS (AND THE COMPOUNDS THEREIN), TANGIBLE MATERIALS AND REGULATORY FILES ARE PROVIDED “AS IS” WITH RESPECT NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. SLX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY FINANCIAL PROJECTIONSWARRANTIES OF MERCHANTABILITY, FORECASTS FITNESS FOR PARTICULAR PURPOSE, OR FORWARD LOOKING STATEMENTS NON-INFRINGEMENT. SLX DOES NOT WARRANT THE PERFORMANCE OF ANY KIND LICENSED PROGRAM PRODUCT, INCLUDING THEIR SAFETY, EFFECTIVENESS OR NATURE WHATSOEVER RELATING COMMERCIAL VIABILITY. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO HOLDCOCERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK ***, HAS BEEN FILED SEPARATELY WITH THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY OR THE ACQUIRED INTERESTS.SECURITIES AND EXCHANGE COMMISSION

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOTHE COMPANY, THE SUBSIDIARYSUBSIDIARIES, THE ASSETS OF HOLDCO THE COMPANY, OR THE ASSETS OF THE SUBSIDIARYSUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCOTHE COMPANY, THE SUBSIDIARY, THE ASSETS OF HOLDCOSUBSIDIARIES, THE ASSETS OF THE SUBSIDIARY COMPANY, THE ASSETS OF THE SUBSIDIARIES, OR THE ACQUIRED INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINUNDER THIS SECTION 7, ANY AND ALL CONFIDENTIAL INFORMATION, DOCUMENTS AND OTHER MATERIALS DISCLOSED OR DELIVERED BY ONE PARTY TO THE ACQUIRED INTERESTS ARE BEING SOLD OTHER HEREUNDER IS DONE ON AN “AS IS,IS BASIS” “WHERE IS” BASIS. THE WITHOUT ANY ADDITIONAL REPRESENTATIONS, WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OR CONDITIONS OF ALL OTHER WARRANTIESANY KIND, WHETHER STATUTORYEXPRESS, WRITTEN IMPLIED STATUTORY OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, OTHERWISE AND EACH PARTY HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMEDNON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER XX. XXXXXXXX MAKES NO REPRESENTATION REPRESENTATIONS OR WARRANTY WARRANTIES WHATSOEVER THAT ANY OF THE PATENTS COVERED BY THIS AGREEMENT ARE EITHER VALID OR ARE NOT INFRINGED BY ANY THIRD PARTY. XX. XXXXXXXX MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER THAT PRODUCTS MADE ACCORDING TO PURCHASER WITH RESPECT TO THE PATENTS COVERED BY THIS AGREEMENT DO NOT INFRINGE ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS RIGHTS OF ANY KIND OR NATURE WHATSOEVER RELATING THIRD PARTY. JUNIPER HEREBY ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO HOLDCO, REVIEW AND CONDUCT DUE DILIGENCE ON THE SUBSIDIARY, ASSIGNED PATENTS INCLUDING ANY PATENT FILES RELATED TO THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY OR THE ACQUIRED INTERESTSASSIGNED PATENTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINPRODUCT WARRANTY EXPRESSLY PROVIDED ABOVE IN ARTICLE 5.1, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU WITH RESPECT TO EACH SALE OF ALL PRODUCT, SELLER MAKES NO OTHER WARRANTIESREPRESENTATION, WHETHER STATUTORY, WRITTEN GUARANTEE OR ORALWARRANTY, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING REGARDING THE PRODUCT AND, IN PARTICULAR AND WITHOUT LIMITATION, SELLER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WHETHER USED SINGLY OR IN COMBINATION WITH OTHER SUBSTANCES OR IN ANY PROCESS OR OTHERWISE. WITH RESPECT TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS EACH SALE OF THE SUBSIDIARY WASHWATER PROVIDED BY BUYER TO SELLER, BUYER MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE REGARDING THE ACQUIRED INTERESTSWASHWATER AND, IN PARTICULAR AND WITHOUT LIMITATION, BUYER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WHETHER USED SINGLY OR IN COMBINATION WITH OTHER SUBSTANCES OR IN ANY PROCESS OR OTHERWISE.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINWARRANTY PROVIDED HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY WITH RESPECT TO MWSTS PRODUCTS AND SUPERSEDES ANY AND ALL OTHER WARRANTIES, THE ACQUIRED INTERESTS ORAL OR WRITTEN, OF ANY TYPE RELATING TO MWSTS PRODUCTS. ANY PRODUCTS OF MWSTS NOT COVERED BY THIS WARRANTY ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASISWITHOUT WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND GREENFIELDS HEREBY DISCLAIMS THE SAME. THE WARRANTIES REMEDY OF CREDIT TOWARD A REPLACEMENT MWSTS PRODUCT OF EQUIVALENT GRADE SET FORTH HEREIN ARE EXCLUSIVE IN SECTION 2 OF THIS LIMITED WARRANTY IS THE SOLE OBLIGATION OF MWSTS, AND ARE IN LIEU THE SOLE REMEDY OF ALL OTHER WARRANTIESPURCHASER, WHETHER STATUTORYUNDER THE WARRANTY PROVIDED HEREIN. EXCEPT AS PROVIDED HEREIN, WRITTEN GREENFIELDS MAKES NO REPRESENTATIONS OR ORALWARRANTIES OF ANY KIND, NATURE OR DESCRIPTION WITH RESPECT TO ANY OF ITS PRODUCTS, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOINCLUDING, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS OF ANY OF THE PRODUCTS FOR A ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMEDGREENFIELDS HEREBY DISCLAIMS THE SAME. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY OR THE ACQUIRED INTERESTS.MANUFACTURER’S LIMITED WARRANTY

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THOSE REPRESENTATIONS AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 3III OF THIS AGREEMENT, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING NATURE, EXPRESS OR IMPLIED, AS TO HOLDCOTHE MEMBERSHIP INTEREST, CPBR, CPBR ASSETS, CPBR’S FACILITY OR THE FACILITY SITE, THE SUBSIDIARYDEVELOPMENT, CONSTRUCTION OR OPERATIONS OF CPBR’S FACILITY, OR THE PROSPECTS (FINANCIAL OR OTHERWISE), RISKS AND OTHER INCIDENTS OF CPBR, CPBR’S ASSETS, CPBR FACILITY SITE OR CPBR, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACTUAL PRODUCTION CAPABILITY OF CPBR’S FACILITY OR THE ABILITY OF BUYER OR CPBR TO GENERATE OR SELL ETHANOL, DRIED DISTILLERS GRAINS OR OTHER PRODUCTS OR TO CONDUCT OTHER COMMERCIAL ACTIVITIES AT THE FACILITY SITE. WITHOUT LIMITING THE FOREGOING, AND EXCEPT FOR THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLE III OF THIS AGREEMENT, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, USAGE OR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE FACILITY, CPBR’S ASSETS, THE FACILITY SITE OR ANY PART THEREOF, OR AS TO THE WORKMANSHIP THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, OR COMPLIANCE OF SUCH PROPERTIES OR ASSETS WITH ANY LAWS, INCLUDING ENVIRONMENTAL LAWS, OR AS TO THE CONDITION OF HOLDCOCPBR, CPBR’S FACILITY, CPBR’S ASSETS, CPBR’S FACILITY SITE OR ANY PART THEREOF, OR AS TO THE ABSENCE OF HAZARDOUS SUBSTANCES OR LIABILITY OR POTENTIAL LIABILITY UNDER ENVIRONMENTAL LAWS WITH RESPECT TO CPBR’S FACILITY, CPBR’S ASSETS OR CPBR’S FACILITY SITE. ANY SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY DISLAIMED. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLE III OF THIS AGREEMENT, THE ASSETS MEMBERSHIP INTEREST, CPBR, CPBR’S ASSETS, CPBR’S FACILITY SITE AND CPBR’S FACILITY ARE SOLD “AS IS, WHERE IS” ON THE APPLICABLE CLOSING DATE, AND IN THEIR CONDITION ON THE CLOSING DATE “WITH ALL FAULTS.” WITHOUT LIMITING THE FOREGOING, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN ARTICLE III OF THIS AGREEMENT, NO MATERIAL OR INFORMATION PROVIDED BY OR COMMUNICATIONS BY SELLER OR ITS REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIAL CONTAINED IN THE DUE DILIGENCE MATERIALS, WILL CAUSE OR CREATE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, CONDITION, VALUE OR QUALITY OF THE SUBSIDIARY MEMBERSHIP INTEREST, CPBR, CPBR’S ASSETS, CPBR’S FACILITY SITE OR THE ACQUIRED INTERESTSFACILITY .

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, IN THE OTHER INVESTMENT DOCUMENTS AND IN ANY CERTIFICATES DELIVERED HEREUNDER OR THEREUNDER, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN HEREIN, IN THE OTHER INVESTMENT DOCUMENTS, AND IN ANY CERTIFICATES DELIVERED HEREUNDER OR THEREUNDER ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES PARTIES PROVIDE NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO ACQUIRED ENTITIES OR THE ASSETS OF THE SUBSIDIARYTHEIR ASSETS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS ARTICLE 3, SELLER IN THE OTHER INVESTMENT DOCUMENTS AND IN ANY CERTIFICATES DELIVERED HEREUNDER OR THEREUNDER, WCG MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY ACQUIRED ENTITIES OR THE ACQUIRED INTERESTS.. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 3.26 SHALL RELIEVE ANY SELLER PARTY OF ANY LIABILITY FOR FRAUD. Purchase and Sale Agreement – WCG

No Other Warranties. EXCEPT FOR CRC ACCEPTS THE WARRANTIES SET FORTH HEREINOXY OWNED SOFTWARE, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN OXY OPERATIONS IP, SUPPLY CHAIN DOCUMENTATION, AND LICENSED PATENTS “AS IS,” AND “WHERE WITH ALL FAULTS” (WHETHER DETECTABLE OR NOT). OPC ACCEPTS THE CRC DATA AND DOCUMENTATION “AS IS” BASISAND “WITH ALL FAULTS” (WHETHER DETECTABLE OR NOT). THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN NEITHER PARTY MAKES ANY REPRESENTATION OR ORALWARRANTY, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES , OF ANY KIND OR DESCRIPTION WITH RESPECT TO THE ACQUIRED INTERESTSOXY OWNED SOFTWARE, HOLDCOOXY OPERATIONS IP, THE SUBSIDIARYSUPPLY CHAIN DOCUMENTATION, THE ASSETS OF HOLDCO LICENSED PATENTS, OR THE ASSETS OF THE SUBSIDIARYCRC DATA AND DOCUMENTATION, INCLUDING WITHOUT LIMITATIONANY WARRANTY REGARDING MERCHANTABILITY, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, INCLUDING ANY NON-INFRINGEMENT BASED ON THE POSSESSION, USE, OR OTHER EXPLOITATION OF THE OXY OWNED SOFTWARE, OXY OPERATIONS IP, SUPPLY CHAIN DOCUMENTATION, LICENSED PATENTS, OR CRC DATA AND WARRANTIES ARISING FROM COURSE DOCUMENTATION. IN ADDITION, (A) NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF DEALING ANY KIND OR USAGE DESCRIPTION WITH RESPECT TO THE QUALITY, ACCURACY, VALUE OR USEFULNESS OF TRADETHE OXY OWNED SOFTWARE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3OXY OPERATIONS IP, SELLER SUPPLY CHAIN DOCUMENTATION, LICENSED PATENTS, OR THE CRC DATA AND DOCUMENTATION, AND (B) OPC MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS THAT CRC’S USE OF THE SUBSIDIARY OXY OWNED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. ALL OF THE ACQUIRED INTERESTSFOREGOING WARRANTIES ARE HEREBY DISCLAIMED.

No Other Warranties. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINABOVE, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, MTI's SOFTWARE LICENSE AGREEMENT MTI MAKES NO EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES IMPLIED WARRANTY WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARYMTI LICENSED PRODUCT(S), INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE; AND THE EXPRESS WARRANTY STATED ABOVE IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF MTI FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE LICENSED PRODUCTS. THE AGGREGATE LIABILITY TO MTI, IN DAMAGES OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PAYMENT, IF ANY, RECEIVED BY MTI FOR THE PRODUCTS FURNISHED OR TO BE FURNISHED, AS THE CASE MAY BE, WHICH IS THE SUBJECT OF CLAIM OR DISPUTE. IN NO EVENT SHALL MTI BE LIABLE FOR SIMILAR LOSS OR DAMAGES OF ANY KIND, HOWEVER CAUSED, OR ANY PUNITIVE DAMAGES OR RESULTING FROM ANY BREACH OF WARRANT, WHETHER EXPRESS OR IMPLIED, OR OTHERWISE, RELATING TO THE PRODUCTS EVEN IF S-VAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE REMEDIES HEREIN ARE FOUND INADEQUATE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR PRODUCTS FURNISHED BY MTI MAY BE BROUGHT BY S-VAR MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUED. THE PARTIES EXPRESSLY AGREE THAT LIMITATIONS ON MTI's LIABILITY FOR S-VAR's DAMAGES AS PROVIDED IN SECTION 9 ABOVE SHALL BE INDEPENDENT OF THE REMEDIES PROVISION OF SECTION 9 AND WARRANTIES ARISING FROM COURSE OF DEALING SHALL BE VALID AND ENFORCEABLE WHETHER OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY NOT THE REMEDIES SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS SECTION 9 "FAIL OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS THEIR ESSENTIAL PURPOSE" UNDER SECTION 2-719(2) OF THE SUBSIDIARY OR THE ACQUIRED INTERESTSUNIFORM COMMERCIAL CODE.

No Other Warranties. EXCEPT FOR THE WARRANTIES AS SET FORTH HEREINABOVE IN THIS SECTION 12, THE ACQUIRED INTERESTS PRODUCTS ARE BEING SOLD HEREUNDER ON AN PROVIDED “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF NEURONETICS HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER STATUTORYEXPRESS, WRITTEN IMPLIED, STATUTORY OR ORALOTHER, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, AND NEURONETICS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING DEALING, USAGE OR USAGE OF TRADETRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER NEURONETICS MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND THAT THE PRODUCTS OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS RESULTS OF THE SUBSIDIARY USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, AVAILABLE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. CUSTOMER ACKNOWLEDGES THAT NEURONETICS DOES NOT CONTROL THE ACQUIRED INTERESTSTRANSFER OF DATA OVER THE INTERNET, AND THAT TRAKSTAR CLOUD AND OTHER COMPONENTS OF THE SYSTEM WILL BE SUBJECT TO LIMITATIONS INHERENT IN THE USE OF THE INTERNET. NEURONETICS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM SUCH INTERNET PROBLEMS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOTHE COMPANY, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARYCOMPANY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCOTHE COMPANY, THE SUBSIDIARY, THE ASSETS OF HOLDCO, OR THE ASSETS OF THE SUBSIDIARY COMPANY, OR THE ACQUIRED INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOTHE PROJECTS, THE SUBSIDIARYACQUIRED COMPANIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARYACQUIRED COMPANIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3SECTION 3.01, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONSSeller makes no representation or warranty to Purchaser with respect to any financial projections, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCOforecasts or forward looking statements of any kind or nature whatsoever relating to the Projects, THE SUBSIDIARY, THE ASSETS OF HOLDCOthe ACQUIRED COMPANIES, THE ASSETS OF THE SUBSIDIARY ACQUIRED COMPANIES OR THE ACQUIRED INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARYPROJECT COMPANY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARYPROJECT COMPANY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARYPROJECT COMPANY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY PROJECT COMPANY OR THE ACQUIRED INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOTHE COMPANY, THE SUBSIDIARYHOLDINGS, HPR II, THE ASSETS OF HOLDCO THE COMPANY, THE ASSETS OF HOLDINGS OR THE ASSETS OF THE SUBSIDIARYHPR II, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCOTHE COMPANY, THE SUBSIDIARYHOLDINGS, THE ASSETS OF HOLDCOHPR II, THE ASSETS OF THE SUBSIDIARY COMPANY, THE ASSETS OF HOLDINGS, THE ASSETS OF HPR II OR THE ACQUIRED INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED CLASS B MEMBERSHIP INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED CLASS B MEMBERSHIP INTERESTS, HOLDCOTHE COMPANY, THE SUBSIDIARYPROJECT COMPANIES, THE PROJECTS, THE REPOWERING ENTITIES, THE ASSETS OF HOLDCO THE COMPANY, THE ASSETS OF THE PROJECT COMPANIES, OR THE ASSETS OF THE SUBSIDIARYREPOWERING ENTITIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3SECTION 3.01, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCOTHE COMPANY, THE SUBSIDIARYPROJECT COMPANIES, THE ASSETS OF HOLDCOPROJECTS, THE REPOWERING ENTITIES, THE ASSETS OF THE SUBSIDIARY COMPANY, THE ASSETS OF THE PROJECT COMPANIES, THE ASSETS OF THE REPOWERING ENTITIES OR THE ACQUIRED CLASS B MEMBERSHIP INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, LAREDO HOLDCO, TAPESTRY HOLDCO, THE SUBSIDIARYSUBSIDIARIES, THE ASSETS OF LAREDO HOLDCO, TAPESTRY HOLDCO OR THE ASSETS OF THE SUBSIDIARYSUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO LAREDO HOLDCO, TAPESTRY HOLDCO, THE SUBSIDIARYSUBSIDIARIES, THE ASSETS OF LAREDO HOLDCO, TAPESTRY HOLDCO, THE ASSETS OF THE SUBSIDIARY SUBSIDIARIES OR THE ACQUIRED INTERESTS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREININ ARTICLES 3 and 4 OF THIS AGREEMENT OR ANY CERTIFICATE DELIVERED PURSUANT HERETO, (A) THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOTHE HOLDCOS, THE SUBSIDIARYPROJECT COMPANIES, THE ASSETS OF HOLDCO THE HOLDCOS, OR THE ASSETS OF THE SUBSIDIARYPROJECT COMPANIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, DISCLAIMED AND (B) SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO ANY HOLDCO, THE SUBSIDIARYANY PROJECT COMPANY, THE ASSETS OF ANY HOLDCO, THE ASSETS OF THE SUBSIDIARY ANY PROJECT COMPANY, OR THE ACQUIRED INTERESTS.

No Other Warranties. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE WARRANTIES SET FORTH HEREINLIMITED WARRANTY PROVIDED IN SECTION 3.1, THE ACQUIRED INTERESTS SERVICES ARE BEING SOLD HEREUNDER ON AN PROVIDED TO THE ORGANIZATION “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN AND THERE ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER NO WARRANTIES, WHETHER STATUTORYREPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, EXPRESS ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR IMPLIED; SELLER PROVIDES NO OTHERWISE, REGARDING THEM OR ANY OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTSPRODUCT, HOLDCOSERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. XXXXXX, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SERVICES, SOFTWARE AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING TITLE OR USAGE OF TRADE, NON-INFRINGEMENT. XXXXXX DOES NOT REPRESENT OR WARRANT THAT THE SERVICES SHALL MEET ANY OR ALL OF WHICH ARE EXPRESSLY DISCLAIMEDTHE ORGANIZATION’S PARTICULAR REQUIREMENTS, OR THAT ALL ERRORS OR DEFECTS IN THE SOFTWARE CAN BE FOUND OR CORRECTED. EXCEPT AS EXPRESSLY NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY OR THE ACQUIRED INTERESTSXXXXXX.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOTHE PROJECT, THE SUBSIDIARYACQUIRED COMPANIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARYACQUIRED COMPANIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3SECTION 3.01, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONSSeller makes no representation or warranty to Purchaser with respect to any financial projections, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCOforecasts or forward looking statements of any kind or nature whatsoever relating to the Project, THE SUBSIDIARY, THE ASSETS OF HOLDCOthe ACQUIRED COMPANIES, THE ASSETS OF THE SUBSIDIARY ACQUIRED COMPANIES OR THE ACQUIRED INTERESTS.

No Other Warranties. BUYER ACKNOWLEDGES THAT SELLER HAS MADE NO OTHER WARRANTIES EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORALTHIS SECTION E.20, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOINCLUDING, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING HABITABILITY OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WORKMANLIKE CONSTRUCTION WITH RESPECT TO THE UNIT, THE PROPERTY, ANY FINANCIAL PROJECTIONSCOMMON ELEMENT, FORECASTS LIMITED COMMON ELEMENT, OR FORWARD LOOKING STATEMENTS ANYTHING INSTALLED THEREIN. BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS BUYING THE UNIT IN ITS “AS IS” CONDITION. SELLER SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR PROMISES OF ANY KIND OR NATURE WHATSOEVER RELATING WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, PAST, PRESENT OR FUTURE, CONCERNING OR WITH RESPECT TO HOLDCO(A) ANY GEOLOGICAL OR. ENVIRONMENTAL MATTERS OR CONDITIONS AT, ON, UNDER OR ADJACENT TO HONUA KAI, (B) ANY ARCHAEOLOGICAL SITES, REMAINS OR ARTIFACTS ON THE SUBSIDIARYLAND, (C) THE ASSETS OF HOLDCO, THE ASSETS FACT THAT ALL OR PORTION(S) OF THE SUBSIDIARY HONUA KAI MAY BE LOCATED ON, IN OR NEAR A TSUNAMI INUNDATION AREA OR A FLOOD PLAIN, (D) THE ACQUIRED INTERESTS.ABILITY OF THE HONUA KAI TO WITHSTAND EARTHQUAKE, WATERSPOUT, TORNADO OR HURRICANE DAMAGE, (E) THE LOCATION OF THE SHORELINE IN ACCORDANCE WITH THE LAWS OF THE STATE OF HAWAI’I, (F) THE CURRENT OR FUTURE PRESENCE OR ABSENCE OF HAZARDOUS SURF, CURRENTS, REEFS OR MARINE LIFE, MOLD, STANDING WATERS, WATER RUNOFF, BEACH AND SOIL EROSION, NEAR SHORE WATER QUALITY, AIR QUALITY, EMISSIONS, FUMES, ODORS, OR OTHER ENVIRONMENTAL OR HAZARDOUS CONDITIONS OR MATERIALS AT, ON, UNDER OR ADJACENT TO HONUA KAI INCLUDING THOSE EMANATING FROM THE NEARBY WASTE TREATMENT PLANT, (G) THE DEVELOPMENT AND/OR USE OF ANY ADJACENT LANDS OR PROPERTIES, (H) CURRENT OR FUTURE AIR TRAFFIC OR AVIGATION OVER, IN THE VICINITY OF OR OTHERWISE AFFECTING HONUA KAI, (I) CURRENT OR FUTURE VEHICULAR TRAFFIC ON, OR ADDITIONAL CONSTRUCTION TO HONOAPIILANI HIGHWAY, (J) NOISE, DUST, SOOT, SMOKE, ODORS, VIBRATIONS AND OTHER CONDITIONS (AS DEFINED IN THE SALES CONTRACT), NUISANCES OR HAZARDS PERTAINING TO GOLF COURSE, PARK OR AGRICULTURAL USES OF LANDS IN THE VICINITY OF HONUA KAI, OR PERTAINING TO THE DEVELOPMENT, REDEVELOPMENT, OR USE OF HONUA KAI OR OF LANDS IN THE VICINITY OF HONUA KAI INCLUDING BUT NOT LIMITED TO BEACH ACCESS AREAS, PUBLIC PARKING AREAS, PARK AREAS AND OTHER AREAS OPEN TO THE PUBLIC (WHETHER LOCATED ON HONUA KAI OR IN THE VICINITY OF HONUA KAI), ANY PUBLIC OR PRIVATE UTILITY SERVICES OR INSTALLATIONS IN THE VICINITY OF HONUA KAI INCLUDING BUT NOT LIMITED TO ANY ELECTRICAL SERVICE INSTALLATIONS, WATER MAINS, SEWER MAINS AND LIFT STATIONS, WASTEWATER TREATMENT FACILITIES (INCLUDING THE WASTEWATER TREATMENT FACILITY LOCATED IMMEDIATELY ACROSS HONOAPIILANI HIGHWAY FROM HONUA KAI) AND CO-GENERATION FACILITIES,

No Other Warranties. EXCEPT FOR THIS LIMITED WARRANTY IS THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASISONLY WARRANTY MADE BY DEVELOPER. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO WHETHER ARISING UNDER STATE LAW OR THE ASSETS OF THE SUBSIDIARYMAGNUSON-MOSS ACX, INCLUDING WITHOUT LIMITATIONXX XXX XXXER FEDERAL ACT OR REGULATIONS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY OR HABITABILITY, ARE DISCLAIMED AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMEDEXCLUDED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3THIS LIMITED WARRANTY. DEVELOPER HAS MADE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE UNIT, SELLER MAKES NO REPRESENTATION THE CONDOMINIUM, THE VALUE OR WARRANTY TO RESALE VALUE OF THE UNIT, THE REAL ESTATE ADJACENT TO, OR IN CLOSE PROXIMITY WITH, THE CONDOMINIUM OR THE CONDITION OF THE AIR, THE SOILS, SURFACE WATERS, AND GROUND WATERS IN, ON, OR UNDER THE UNIT, THE CONDOMINIUM OR SUCH ADJACENT OR PROXIMATE REAL ESTATE. PURCHASER HAS MADE THEIR OWN INVESTIGATION WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY OR THE ACQUIRED INTERESTSFOREGOING.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINAS EXPRESSLY WARRANTED IN SECTION 8.1 OF THIS AGREEMENT, THE ACQUIRED INTERESTS LOGI ANALYTICS SOFTWARE AND THE DOCUMENTATION, AND ANY OTHER MATERIALS, SOFTWARE, DATA AND SERVICES PROVIDED BY LOGI ANALYTICS, ARE BEING SOLD HEREUNDER ON AN PROVIDED “AS IS” AND “WITH ALL FAULTS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF LOGI ANALYTICS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND OPERABILITY, CONDITION, NON- INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM OR ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY LOGI ANALYTICS ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR USAGE COURSE OF TRADE. LOGI ANALYTICS DOES NOT WARRANT THAT THE LOGI ANALYTICS SOFTWARE OR ANY OTHER INFORMATION, MATERIALS, TECHNOLOGY OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. LICENSEE ACKNOWLEDGES THAT LOGI ANALYTICS’ OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY OR THE ACQUIRED INTERESTSLICENSEE ONLY.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINAS PROVIDED IN SECTION 8.A, THE ACQUIRED INTERESTS GEOPOINT SERVICE, THE SYSTEM AND INFORMATION ARE BEING SOLD HEREUNDER PROVIDED ON AN “AS IS,” “WHERE IS” BASISBASIS WITHOUT WARRANTY OF ANY KIND. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF QUOVA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER STATUTORYEXPRESS, WRITTEN IMPLIED, STATUTORY OR ORALOTHERWISE, EXPRESS REGARDING THE GEOPOINT SERVICE, SYSTEM OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTSINFORMATION, HOLDCOINCLUDING, THE SUBSIDIARYBUT NOT LIMITED TO, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE COURSE OF TRADEPERFORMANCE. QUOVA DOES NOT WARRANT THAT THE GEOPOINT SERVICE OR SYSTEM WILL OPERATE UNINTERRUPTED OR BE ERROR-FREE, OR THAT ALL OF WHICH ARE EXPRESSLY DISCLAIMEDDEFECTS WELL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER QUOVA MAKES NO REPRESENTATION WARRANTY CONCERNING TIMELINESS, ACCURACY, PERFORMANCE, QUALITY, RELIABILITY OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS COMPLETENESS OF ANY KIND RESULTS, DATA OR NATURE WHATSOEVER RELATING TO HOLDCO, INFORMATION OBTAINED OR DERIVED THROUGH THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS USE OF THE SUBSIDIARY GEOPOINT SERVICE, SYSTEM OR THE ACQUIRED INTERESTSINFORMATION. Some jurisdictions do not permit the disclaimer of certain warranties, so some of the foregoing may not be applicable to Customer. To the extent that Quova may not disclaim warranties under applicable law, the duration and scope of such warranty will be the minimum possible thereunder. Customer acknowledges that it is not relying on any warranty or representation except those expressly set forth above.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN DELTA-T COCKPIT IS PROVIDED "AS IS" AND “AS IS,” “WHERE IS” BASISAVAILABLE”. THE DELTA MAKES NO REPRESENTATIONS OR WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES ANY KIND WITH RESPECT TO THE ACQUIRED INTERESTSDELTA-T COCKPIT, HOLDCOWHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION ANY WARRANTIES THAT THE SUBSIDIARYDELTA-T COCKPIT WILL BE UNINTERRUPTED, THE ASSETS ERROR FREE OR FREE OF HOLDCO HARMFUL COMPONENTS, OR THE ASSETS OF THE SUBSIDIARY, THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. DELTA DISCLAIMS ALL WARRANTIES OR CONDITIONS INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, INTERFERENCE WITH ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, TITLE, OR NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING DEALING, USAGE OR USAGE OF TRADETRADE PRACTICE. LICENSEE ACKNOWLEDGES AND AGREES THAT DELTA EXERCISES NO CONTROL OVER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3AND ACCEPTS NO RESPONSIBILITY FOR, SELLER MAKES NO REPRESENTATION LICENEE’S COMPLIANCE WITH ANY LAW OR WARRANTY REGULATION APPLICABLE TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS LICENSEE OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY OR THE ACQUIRED INTERESTSLICENSEE’S USERS.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINAS OTHERWISE EXPRESSLY WARRANTED IN THIS AGREEMENT, THE ACQUIRED INTERESTS LICENSED SOFTWARE, LICENSED SOFTWARE, AND ANY OTHER MATERIALS, SOFTWARE, DATA AND/OR SERVICES PROVIDED BY FIDDLER ARE BEING SOLD HEREUNDER ON AN PROVIDED “AS IS” AND “WITH ALL FAULTS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF FIDDLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, WRITTEN OR ORALINCLUDING, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTSBUT NOT LIMITED TO, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY FIDDLER ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR USAGE COURSE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCOFIDDLER DOES NOT WARRANT THAT THE LICENSED SOFTWARE, THE SUBSIDIARYLICENSED SOFTWARE OR ANY OTHER INFORMATION, MATERIALS, TECHNOLOGY OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE ASSETS OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. CUSTOMER ACKNOWLEDGES THAT FIDDLER’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF HOLDCO, THE ASSETS OF THE SUBSIDIARY OR THE ACQUIRED INTERESTSCUSTOMER ONLY.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINWARRANTY PROVIDED HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY WITH RESPECT TO MWSTS PRODUCTS AND SUPERSEDES ANY AND ALL OTHER WARRANTIES, THE ACQUIRED INTERESTS ORAL OR WRITTEN, OF ANY TYPE RELATING TO MWSTS PRODUCTS. ANY PRODUCTS OF MWSTS NOT COVERED BY THIS WARRANTY ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASISWITHOUT WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND MWSTS HEREBY DISCLAIMS THE SAME. THE WARRANTIES REMEDY OF CREDIT TOWARD A REPLACEMENT MWSTS PRODUCT OF EQUIVALENT GRADE SET FORTH HEREIN ARE EXCLUSIVE IN SECTION 2 OF THIS LIMITED WARRANTY IS THE SOLE OBLIGATION OF MWSTS, AND ARE IN LIEU THE SOLE REMEDY OF ALL OTHER WARRANTIESPURCHASER, WHETHER STATUTORYUNDER THE WARRANTY PROVIDED HEREIN. EXCEPT AS PROVIDED HEREIN, WRITTEN MWSTS MAKES NO REPRESENTATIONS OR ORALWARRANTIES OF ANY KIND, NATURE OR DESCRIPTION WITH RESPECT TO ANY OF ITS PRODUCTS, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCOINCLUDING, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS OF ANY OF THE PRODUCTS FOR A ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMEDMWSTS HEREBY DISCLAIMS THE SAME. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY OR THE ACQUIRED INTERESTS.MANUFACTURER’S LIMITED WARRANTY

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE LIMITED WARRANTY ABOVE IS EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES FOR THE SOFTWARE AND DOCUMENTATION. SEAGATE MAKES NO OTHER WARRANTS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT INCLUDING BUT NOT LIMITED TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE NONINFRINGEMENT FOR THE SOFTWARE AND DOCUMENTATION. 7. LIMITED LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL SEAGATE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY COSTS OF DEALING SUBSTITUTE PRODUCTS, OR USAGE OF TRADEFOR ANY CONSEQUENTIAL, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3SPECIAL, SELLER MAKES NO REPRESENTATION 32 <PAGE> INCIDENTAL, PUNITIVE OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS ARISING OUT OF THE SUBSIDIARY LICENSE OF, USE OF, OR INABILITY TO USE ANY SEAGATE SOFTWARE OR DOCUMENTATION, EVEN IF SEAGATE HAS BEEN ADVISED OF THE ACQUIRED INTERESTSPOSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SEAGATE'S LIABILITY EXCEED THE LICENSE FEE PAID BY YOU. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF THE SOFTWARE LICENSE. 8.

No Other Warranties. PUMATECH DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, EXPRESS LIMITED WARRANTY IN THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,LIMITED WARRANTY” “WHERE IS” BASISSECTION. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF PUMATECH DISCLAIMS ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTSSOFTWARE, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO EITHER EXPRESS OR THE ASSETS OF THE SUBSIDIARYIMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OF LIMITATION OF INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND WARRANTIES ARISING YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COURSE OF DEALING JURISDICTION TO JURISDICTION. No Liability for Consequential Damages: IN NO EVENT SHALL PUMATECH BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS ARISING OUT OF THE SUBSIDIARY PERFORMANCE OR USE OF THE ACQUIRED INTERESTSSOFTWARE, EVEN IF PUMATECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, LAREDO HOLDCO, TAPESTRY HOLDCO, THE SUBSIDIARYSUBSIDIARIES, THE ASSETS OF LAREDO HOLDCO, TAPESTRY HOLDCO OR THE ASSETS OF THE SUBSIDIARYSUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO LAREDO HOLDCO, TAPESTRY HOLDCO, THE SUBSIDIARYSUBSIDIARIES, THE ASSETS OF LAREDO HOLDCO, TAPESTRY HOLDCO, THE ASSETS OF THE SUBSIDIARY SUBSIDIARIES OR THE ACQUIRED INTERESTS.. ARTICLE 4

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREININ THIS ARTICLE 3, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARYSUBSIDIARIES, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARYSUBSIDIARIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARYSUBSIDIARIES, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY SUBSIDIARIES OR THE ACQUIRED INTERESTS. 3.30 [***].

No Other Warranties. EXCEPT FOR THE WARRANTIES SET FORTH HEREINAS EXPRESSLY WARRANTED IN THIS AGREEMENT, THE ACQUIRED INTERESTS PRODUCTS AND THE LICENSED PRODUCTS, AND ANY OTHER MATERIALS, SOFTWARE, DATA AND/OR SERVICES PROVIDED BY BERKSHIRE GREY ARE BEING SOLD HEREUNDER ON AN PROVIDED “AS IS” AND “WITH ALL FAULTS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF BERKSHIRE GREY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, WRITTEN OR ORALINCLUDING, EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTSBUT NOT LIMITED TO, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND TITLE, NONINFRINGEMENT, MERCHANTABILITY, SYSTEM INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER IS RESPONSIBLE FOR IMPLEMENTING APPROPRIATE PROCEDURES TO MAKE ONSITE BACK-UP COPIES OF CUSTOMER’S PROGRAM FILES AND DATA FILES TO MINIMIZE ANY DAMAGE THAT MIGHT ARISE FROM AN ERROR OR DEFECT IN THE EQUIPMENT OR THE LICENSED PRODUCTS. NO WARRANTY IS MADE BY BERKSHIRE GREY ON THE BASIS OF TRADE USAGE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE COURSE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, BERKSHIRE GREY DOES NOT WARRANT THAT THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY EQUIPMENT OR THE ACQUIRED INTERESTSLICENSED PRODUCTS OR ANY OTHER INFORMATION, MATERIALS, TECHNOLOGY OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE.

No Other Warranties. EXCEPT FOR Nothing in this Agreement shall be construed as a warranty or representation by Dyax that the use of the Dyax Antibody Libraries or Dyax Materials and the practice of the patent rights and know-how licensed or sublicensed to Licensee hereunder will result in any Licensed Antibodies or Products, or as a warranty or representation by Dyax that the exploitation of any of the foregoing will be free from infringement of patents of Third Parties. NEITHER PARTY HERETO MAKES ANY REPRESENTATIONS OR WARRANTIES INCLUDING WITH RESPECT TO ANY OF THE WARRANTIES SET FORTH HEREINPATENT RIGHTS, MATERIALS (INCLUDING WITHOUT LIMITATION THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE DYAX ANTIBODY LIBRARIES, DYAX ANTIBODY LIBRARY IMPROVEMENTS AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN DYAX MATERIALS) OR ORALKNOW-HOW LICENSED HEREUNDER, EXPRESS OR IMPLIED; SELLER PROVIDES NO , EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, OR THAT ANY PRODUCT OR SERVICE MADE, USED, SOLD, OR OTHERWISE DISPOSED OF UNDER ANY LICENSE OR SUBLICENSE GRANTED IN THIS AGREEMENT IS OR WILL BE FREE FROM INFRINGEMENT OF ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. EXCEPT AS PROVIDED HEREIN, EACH PARTY SPECFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTSINCLUDING OF MERCHANT ABILITY, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF VALIDITY OR SCOPE OF SUCH PATENT RIGHTS, MATERIALS OR KNOW-HOW, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL NON-INFRINGEMENT OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3, SELLER MAKES NO REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS THE INTELLECTUAL PROPERTY RIGHTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS OF THE SUBSIDIARY OR THE ACQUIRED INTERESTS.THIRD PARTY

No Other Warranties. EXCEPT FOR TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE WARRANTIES EXPRESSLY SET FORTH HEREIN, THE ACQUIRED INTERESTS OUT IN THIS AGREEMENT ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE MADE IN LIEU OF ALL ANY OTHER WARRANTIES, WHETHER STATUTORYREPRESENTATIONS, WRITTEN CONDITIONS, ENDORSEMENTS OR ORALGUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARY, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO REPRESENTATIONS, IMPLIED WARRANTIES WARRANTIES, ENDORSEMENTS, GUARANTEES OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, AND WARRANTIES SATISFACTORY QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, OR OTHERWISE ARISING FROM A STATUTE OR CUSTOM OR COURSE OF DEALING OR USAGE OF TRADE, AND ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3OTHER WARRANTIES, SELLER MAKES NO REPRESENTATION REPRESENTATIONS, CONDITIONS, ENDORSEMENTS OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS GUARANTEES OF ANY KIND EITHER EXPRESS OR NATURE WHATSOEVER RELATING IMPLIED ARE DISCLAIMED AND EXCLUDED TO HOLDCOTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAW OF SOME COUNTRIES MAY NOT ALLOW THE EXCLUSION OF WARRANTIES, THE SUBSIDIARYCONDITIONS, THE ASSETS OF HOLDCOENDORSEMENTS, THE ASSETS OF THE SUBSIDIARY GUARANTEES, OR THE ACQUIRED INTERESTSREPRESENTATIONS IN CONTRACTS WITH CONSUMERS AND THEREFORE THESE EXCLUSIONS MAY NOT APPLY TO YOU.

No Other Warranties. EXCEPT FOR THE WARRANTIES AS EXPRESSLY SET FORTH HEREININ THIS AGREEMENT, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AMYRIS HEREBY DISCLAIMS ALL REPRESENTATIONS AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORYWRITTEN, WRITTEN OR ORAL, EXPRESS EXPRESS, IMPLIED, STATUTORY OR IMPLIED; SELLER PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARYOTHERWISE, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE A CUSTOM OF TRADE, ALL COURSE OF WHICH ARE EXPRESSLY DISCLAIMEDDEALINGS, USAGE OR TRADE PRACTICE, THE ACCURACY, COMPLETENESS, SAFETY, USEFULNESS FOR ANY PURPOSE OR LIKELIHOOD OF SUCCESS (COMMERCIAL, REGULATORY OR OTHER) OF THE [*] PRODUCTS AND ANY OTHER TECHNICAL INFORMATION, TECHNIQUES, MATERIALS, METHODS, PRODUCTS, PROCESSES OR PRACTICES AT ANY TIME MADE AVAILABLE BY AMYRIS. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3WITHOUT LIMITING THE FOREGOING, SELLER MAKES AMYRIS SHALL HAVE NO REPRESENTATION LIABILITY WHATSOEVER TO NENTER OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONSOTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, FORECASTS LOSS, OR FORWARD LOOKING STATEMENTS DAMAGE, OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCONATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED ON NENTER OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) THE SUBSIDIARYMANUFACTURE, USE, OFFER FOR SALE, SALE, OR IMPORT OF A [*] PRODUCT; (B) THE ASSETS USE OF HOLDCOOR ANY ERRORS OF OMISSIONS IN ANY KNOW-HOW, THE ASSETS TECHNICAL INFORMATION, TECHNIQUES, OR PRACTICES DISCLOSED BY AMYRIS; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES CONCERNING ANY OF THE SUBSIDIARY OR THE ACQUIRED INTERESTSFOREGOING.

No Other Warranties. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, THE ACQUIRED INTERESTS ARE BEING SOLD HEREUNDER ON AN “AS IS,” “WHERE IS” BASIS. THE WARRANTIES SET FORTH STATED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO SUPPLIER’S GOODS AND SERVICES AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, WRITTEN OR ORAL, EXPRESS OR IMPLIED; SELLER PROVIDES NO . ALL OTHER WARRANTIES WITH RESPECT TO THE ACQUIRED INTERESTS, HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO OR THE ASSETS OF THE SUBSIDIARYARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES LIMITATION THOSE OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES SPECIFIC PURPOSE (WHETHER ARISING FROM STATUTE, OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING DEALING, OR USAGE OF TRADE) OR NONINFRINGEMENT. THIS WARRANTY IS NOT TRANSFERABLE FROM THE ORIGINAL PURCHASER TO A SUBSEQUENT OWNER. FURTHER, ALL SUPPLIER IS NOT LIABLE IN CASES OF WHICH ARE EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3DELIBERATE, SELLER MAKES NO REPRESENTATION NEGLIGENT OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FINANCIAL PROJECTIONS, FORECASTS OR FORWARD LOOKING STATEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATING TO HOLDCO, THE SUBSIDIARY, THE ASSETS OF HOLDCO, THE ASSETS ACCIDENTAL MISUSE OF THE SUBSIDIARY GOODS, USE WITH INAPPROPRIATE REAGENTS OR THE ACQUIRED INTERESTSCONSUMABLES, DAMAGE CAUSED BY DISASTER, REPAIR OR MODIFICATIONS DONE BY ANYONE OTHER THAN SUPPLIER.