Common use of Product Liability; Recalls Clause in Contracts

Product Liability; Recalls. (a) Except as set forth in the Company SEC Reports filed prior to the date hereof or on Schedule 4.26 of the Company Disclosure Schedule, (i) there is no notice, demand, claim, action, suit, inquiry, hearing, proceeding, notice of violation, or investigation of a civil, criminal, or administrative nature (collectively, "NOTICES") pending, or to the Company's knowledge, threatened before any domestic or foreign Governmental Entity in which a Product is alleged to have a Defect or relating to or resulting from any alleged failure to warn or from any alleged breach of express or implied warranties or representations, nor, to the Company's knowledge, is there any valid basis for any such demand, claim, action, suit, inquiry, hearing, proceeding, notice of violation, or investigation; (ii) no Notice would, if adversely determined, have, individually or in the aggregate, a Material Adverse Effect on the Company; (iii) there has not been any recall, rework, retrofit, or post-sale general consumer warning since the Company Balance Sheet Date (collectively, "RECALLS") of any Product, or, to the Company's knowledge, any investigation or consideration of or decision made by any person concerning whether to undertake or not to undertake any Recalls and neither the Company nor any of its subsidiaries has received any Notice from any domestic or foreign Governmental Entity or any other person in respect of the foregoing; and (iv) there are currently no material defects in design, manufacturing, materials, or workmanship, including, any failure to warn, or any breach of express or implied warranties or representations, which involve any Product that accounts for a material portion of the Company's sales.

Product Liability; Recalls. (a) Except as set forth in the Company SEC Reports filed prior to the date hereof or on Schedule 4.26 of the Company Disclosure Schedule, (i) None of the IOI Companies has received any Notice and there is no notice, demand, claim, action, suit, inquiry, hearing, proceeding, notice of violation, proceeding or investigation of a civil, criminal, criminal or administrative nature (collectively, "NOTICES") pending, or to the CompanyIOI's knowledge, threatened before any domestic or foreign Governmental Entity in which a Product is alleged to have a Defect or relating to or resulting from any alleged failure to warn or from any alleged breach of express or implied warranties or representations, nor, to the CompanyIOI's knowledge, is there any valid basis for any such demand, claim, action, suit, inquiry, hearing, proceeding, notice of violation, violation or investigation; (ii) no Notice would, if adversely determined, have, individually or in the aggregate, a Material Adverse Effect on the CompanyIOI; (iii) there has not been any recall, rework, retrofit, or post-sale general consumer warning since the Company Balance Sheet Date (collectively, "RECALLS") Recall of any Product, or, to the Company's knowledgeknowledge of IOI, any investigation or consideration of or decision made by any person concerning whether to undertake or not to undertake any Recalls and neither none of the Company nor any of its subsidiaries IOI Companies has received any Notice Notices from any domestic or foreign Governmental Entity or any other person in respect of the foregoing; and (iv) there are currently no material defects Defects in design, manufacturing, materials, materials or workmanship, including, any failure to warn, or any breach of express or implied warranties or representations, which involve any Product that accounts for a material portion of the Company's IOI Companies' sales.

Product Liability; Recalls. (a) Except as set forth in the Company SEC Reports filed prior to the date hereof or on Schedule 4.26 (i) None of the Company Disclosure Schedule, (i) there is no or any of its subsidiaries has received any written notice, demand, claim, or inquiry and there is no action, suit, inquiry, hearing, proceedingproceeding or investigation, notice of violation, or investigation of a civil, criminal, criminal or administrative nature (collectively, "NOTICESNotices") pending, or to the Company's knowledge, threatened before any domestic or foreign Governmental Entity in which a Product is alleged to have a Defect or relating to or resulting from any alleged failure to warn or from any alleged breach of express or implied warranties or representations, nor, to the Company's knowledge, is there any valid basis for any such demand, claim, action, suit, inquiry, hearing, proceeding, notice of violation, violation or investigation; (ii) no Notice would, if adversely determined, have, individually or in the aggregate, a Material Adverse Effect on the Company; (iii) there has not been any recall, rework, retrofit, retrofit or post-sale general consumer warning since the Company Balance Sheet Date December 31, 1998 (collectively, "RECALLSRecalls") of any Product, or, to the knowledge of the Company's knowledge, any investigation or consideration of or decision made by any person concerning whether to undertake or not to undertake any Recalls and neither the Company nor any of its subsidiaries has received any Notice no Notices from any domestic or foreign Governmental Entity or any other person in respect of the foregoing; and (iv) to the knowledge of the Company, there are currently no material defects in design, manufacturing, materials, materials or workmanship, including, any failure to warn, or any breach of express or 21 29 implied warranties or representations, which involve any Product that accounts for a material portion of the Company's sales.

Product Liability; Recalls. (a) Except as set forth in the Company SEC Reports filed prior to the date hereof or on Schedule 4.26 of the Company Disclosure Schedule, (i) there is no notice, demand, claim, action, suit, inquiry, hearing, proceeding, notice of violation, or investigation of a civil, criminal, or administrative nature (collectively, "NOTICESNotices") pending, or to the Company's knowledge, threatened before any domestic or foreign Governmental Entity in which a Product is alleged to have a Defect or relating to or resulting from any alleged failure to warn or from any alleged breach of express or implied warranties or representations, nor, to the Company's knowledge, is there any valid basis for any such demand, claim, action, suit, inquiry, hearing, proceeding, notice of violation, or investigation; (ii) no Notice would, if adversely determined, have, individually or in the aggregate, a Material Adverse Effect on the Company; (iii) there has not been any recall, rework, retrofit, or post-sale general consumer warning since the Company Balance Sheet Date (collectively, "RECALLS") of any Product, or, to the Company's knowledge, any investigation or consideration of or decision made by any person concerning whether to undertake or not to undertake any Recalls and neither the Company nor any of its subsidiaries has received any Notice from any domestic or foreign Governmental Entity or any other person in respect of the foregoing; and (iv) there are currently no material defects in design, manufacturing, materials, or workmanship, including, any failure to warn, or any breach of express or implied warranties or representations, which involve any Product that accounts for a material portion of the Company's sales.. 33 41