REPRESENTATIONS AND WARRANTIES OF DOCKING AND THE BANK. As a material inducement to EQBK and Equity Bank to enter into and perform their obligations under this Agreement, and notwithstanding any examinations, inspections, audits, and other investigations heretofore and hereafter made by EQBK, except as disclosed in the disclosure schedule delivered by Docking to EQBK before the execution of this Agreement (the “Docking Confidential Schedule”) setting forth items of disclosure with specific reference to the particular section of this Agreement to which the information on the Docking Confidential Schedule relates, Docking and the Bank hereby make the following representations and warranties to EQBK as of the date of this Agreement; provided, however, that any information set forth in one section of the Docking Confidential Schedule will be deemed to apply to each other section or subsection of this Agreement expressly referenced in such disclosure; provided, further, that, notwithstanding anything in this Agreement to the contrary, (a) reference to any dollar amounts in any representation or warranty will not be deemed to indicate that such amount is material with respect to or otherwise under any provision under this Agreement, and (b) the inclusion of an item in such Docking Confidential Schedule as an exception to a representation or warranty will not be deemed an admission that such item represents a material exception or material fact, event or circumstance or that such item has had or would reasonably be expected to have a Material Adverse Change on the Bank.
