Common use of Actual Knowledge Clause in Contracts

Actual Knowledge. No party shall be liable for any Warranty Claim if and to the extent that the facts, matters or circumstances giving rise to the Warranty Claim were actually known by the other party making the Warranty Claim prior to signing this Agreement in sufficient detail so as to enable such party to identify the nature and scope of the breach. For these purposes: (i) in respect of a Warranty Claim against ▇▇▇▇▇▇▇▇▇, Mergeco shall be deemed solely to have the actual knowledge of the individuals listed in Schedule 17; and (ii) in respect of a Warranty Claim against Vodafone, Mergeco shall be deemed solely to have the actual knowledge of the individuals listed in Schedule 15.