Common use of Constructive Knowledge Clause in Contracts

Constructive Knowledge. Whenever a representation or warranty or other statement in this Agreement (including, without limitation, schedules hereto) is made with respect to the Company’s “knowledge,” such statement refers to the knowledge, after reasonable inquiry, of the Company’s employees or agents who were or are responsible for or involved with the indicated matter. If the foregoing correctly sets forth the understanding between the Underwriters and the Company, please so indicate in the space provided below for that purpose, whereupon this letter shall constitute a binding agreement between us. Very truly yours, OPTI-HARVEST, INC. By: Name: Title: Confirmed as of the date first written above mentioned, on behalf of itself and as Representative of the several Underwriters named on Schedule 1 hereto: WESTPARK CAPITAL, INC., Name: C▇▇▇▇ ▇▇▇▇▇▇▇ Title: Head of Investment Banking