Services Standard. 2.5.1 The Providing Party shall provide, or cause to be provided, the Services [***] (the “Services Standard”). 2.5.2 Except as expressly set forth in Section 2.5.1 and subject to the limitations in Article 6, the Parties acknowledge and agree that the Services are provided on an as-is, where-is basis, that the Receiving Party assumes all risks and liability arising from or relating to its use of and reliance upon the Services and the Providing Party makes no representation or warranty with respect thereto. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PROVIDING PARTY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OR WARRANTY IN REGARD TO QUALITY, PERFORMANCE, COMMERCIAL UTILITY, MERCHANTABILITY, FITNESS OF THE SERVICES FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, TIMELINESS, COMPLETENESS, THE RESULTS TO BE OBTAINED FROM SUCH SERVICES OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE, AND THE RECEIVING PARTY, ON ITS BEHALF AND ON BEHALF OF ALL OF ITS AFFILIATES, HEREBY ACKNOWLEDGES SUCH DISCLAIMER AND THE RECEIVING PARTY SPECIFICALLY DISCLAIMS THAT IT IS RELYING UPON OR HAS RELIED UPON ANY SUCH REPRESENTATION OR WARRANTY.
Appears in 2 contracts
Sources: Transition Services Agreement (Atrium Therapeutics, Inc.), Transition Services Agreement (Atrium Therapeutics, Inc.)