DSKX and Merger Sample Clauses

DSKX and Merger. Sub acknowledges and agrees that neither PHMD, the Radiancy Group nor any of their respective Representatives, or any other Person acting on their behalf, has made any representation or warranty, express or implied, as to the accuracy or completeness of any information regarding the Radiancy Group, the Business or the Business Assets, except as expressly set forth in this Agreement or as and to the extent required by this Agreement to be set forth in the Radiancy Disclosure Schedule. DSKX and Merger Sub further agrees that neither PHMD, the Radiancy Group nor any of their respective Representatives (or any of their directors, officers, employees, members, managers, partners, agents or otherwise), will have or be subject to any liability to DSKX or Merger Sub resulting from the distribution to DSKX or Merger Sub, or DSKX or Merger Sub’s use of, any such information, and any information, document or material made available to DSKX or Merger Sub or its Representatives in certain “data rooms” and online “data sites,” management presentations, management interviews, or any other form in expectation or anticipation of the transactions contemplated by this Agreement.
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