Representations and Warranties of Kendara. Kendara represents and warrants to Excite@Home that, except as set forth in the letter addressed to Excite@Home from Kendara and dated as of the Agreement Date (including all schedules thereto) which has been delivered by Kendara to Excite@Home concurrently with the parties' execution of this Agreement (the "Kendara Disclosure Letter"), each of the representations, warranties and statements contained in the following sections of this Article 3 is true and correct as of the Agreement Date and will be true and correct on and as of the Closing Date (as defined in Section 7.1 hereof). For all purposes of this Agreement, the statements contained in the Kendara Disclosure Letter and its schedules shall also be deemed to be representations and warranties made and given by Kendara under Article 3 of this Agreement.
