Common use of Exclusion of Other Warranties Clause in Contracts

Exclusion of Other Warranties. EXCEPT FOR THE LIMITED ----------------------------- WARRANTIES PROVIDED IN SECTIONS 6.1.1, 6.1.2 AND 6.1.3 ABOVE, THERASENSE GRANTS NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY STATUTE, IN ANY COMMUNICATION WITH NIPRO OR ITS CUSTOMERS, OR OTHERWISE, REGARDING THE FREESTYLE PRODUCTS, AND THERASENSE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT. EXCEPT AS PROVIDED EXPRESSLY IN THIS AGREEMENT AND/OR THERASENSE'S WARRANTY, THERASENSE DOES NOT WARRANT THAT OPERATION OF THE FREESTYLE PRODUCTS WILL BE UNINTERRUPTED OR ERROR- FREE. THERASENSE NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF ANY FREESTYLE PRODUCT. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF THERASENSE, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON THERASENSE OR ITS THIRD PARTY SUPPLIERS.

Exclusion of Other Warranties. EXCEPT FOR TO THE LIMITED ----------------------------- EXTENT PERMITTED BY LAW, THE REPRESENTATIONS AND WARRANTIES PROVIDED SET FORTH IN SECTIONS 6.1.1THIS AGREEMENT (INCLUDING IN ANY WORK ORDERS) ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY RIVIAN WITH RESPECT TO THE PRODUCTS, 6.1.2 DEVELOPMENT DELIVERABLES, AND 6.1.3 ABOVE, THERASENSE GRANTS NO SERVICES AND ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY STATUTE, IN ANY COMMUNICATION WITH NIPRO OR ITS CUSTOMERS, OR OTHERWISE, REGARDING THE FREESTYLE PRODUCTS, AND THERASENSE SPECIFICALLY DISCLAIMS ANY IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE; ALL OF WHICH ARE EXPRESSLY DISCLAIMED. FOR CLARITY, AS BETWEEN AMAZON AND RIVIAN, THE DIRECTED COMPONENTS ARE PROVIDED BY RIVIAN ON AN “AS IS WHERE IS” BASIS WITH ALL FAULTS AND RIVIAN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND FOR THE DIRECTED COMPONENTS OR THE DIRECTED SUPPLIERS, WHETHER EXPRESS OR IMPLIED BY STATUTE, CUSTOM OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGMENT, OR OTHERWISE, ALL OF WHICH ARE DISCLAIMED. TO THE EXTENT RIVIAN SOURCES DIRECTED COMPONENT(S), (A) RIVIAN’S AGREEMENT WITH THE DIRECTED SUPPLIER WILL STATE THAT ANY WARRANTY FOR SUCH DIRECTED COMPONENT(S) FROM THE DIRECTED SUPPLIER(S) WILL BE PROVIDED TO AMAZON, AND NONINFRINGEMENT(B) RIVIAN WILL NAME AMAZON AS A THIRD-PARTY BENEFICIARY OF XXXXXX’S AGREEMENT WITH THE DIRECTED SUPPLIER SUCH THAT AMAZON CAN ENFORCE RIVIAN’S RIGHTS UNDER SUCH AGREEMENT AGAINST THE DIRECTED SUPPLIER. EXCEPT AS PROVIDED EXPRESSLY RIVIAN SHALL ONLY BE REQUIRED TO RECOVER THE SUMS DUE FROM THE DIRECTED SUPPLIER OF EACH APPLICABLE DIRECTED COMPONENT THAT RIVIAN CAN SETOFF OR DEBIT AGAINST RIVIAN’S THEN EXISTING OR FUTURE ACCOUNT PAYABLES TO SUCH SUPPLIER FOR THE DIRECTED COMPONENT OR ANY ADDITIONAL AMOUNTS THAT RIVIAN IS ABLE TO RECOVER WITH COMMERCIALLY REASONABLE EFFORT AT NO ADDITIONAL COST TO RIVIAN, WHICH, FOR THE AVOIDANCE OF DOUBT, SHALL NOT REQUIRE ANY FORM OF DISPUTE RESOLUTION INCLUDING, WITHOUT LIMITATION, LITIGATION, ARBITRATION, MEDIATION, OR OTHERWISE. IN THIS AGREEMENT AND/OR THERASENSE'S THE EVENT THAT AMAZON IS DISSATISFIED (IN AMAZON’S SOLE DISCRETION) WITH XXXXXX’S HANDLING OF ANY WARRANTY, THERASENSE DOES NOT WARRANT THAT OPERATION SETTLEMENT, OR COLLECTION ACTIVITIES AT ANY POINT IN THE RECOVERY PROCESS WITH SUCH A DIRECTED SUPPLIER, OR WITH THE AMOUNT OF SUCH RECOVERY RELATED TO THE FREESTYLE PRODUCTS WILL BE UNINTERRUPTED OR ERROR- FREE. THERASENSE NEITHER ASSUMES NOR AUTHORIZES DIRECTED COMPONENT(S), RIVIAN SHALL ASSIGN ITS RIGHTS AND OBLIGATIONS WITH RESPECT TO SUCH ACTIVITIES TO AMAZON WITHOUT ANY OTHER PERSON FURTHER LIABILITY AND IN SATISFACTION OF ANY OBLIGATION TO ASSUME ANY OTHER LIABILITIES AMAZON ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF ANY FREESTYLE PRODUCT. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF THERASENSE, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON THERASENSE OR ITS THIRD PARTY SUPPLIERSSUCH CLAIMS.

Exclusion of Other Warranties. EXCEPT FOR THE LIMITED WARRANTY ----------------------------- WARRANTIES PROVIDED IN SECTIONS 6.1.1, 6.1.2 7.2 AND 6.1.3 7.3 ABOVE, THERASENSE FMT GRANTS NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY STATUTE, IN ANY COMMUNICATION WITH NIPRO DISTRIBUTOR OR ITS CUSTOMERSTHE CUSTOMER, OR OTHERWISE, REGARDING THE FREESTYLE PRODUCTSPRODUCT OR THE PRODUCT'S QUALITY, AND THERASENSE FMT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT. EXCEPT AS PROVIDED EXPRESSLY IN THIS AGREEMENT AND/OR THERASENSE'S WARRANTY, THERASENSE FMT DOES NOT WARRANT THAT OPERATION OF THE FREESTYLE PRODUCTS WILL BE UNINTERRUPTED OR ERROR- FREE. THERASENSE FMT NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF ANY FREESTYLE FMT PRODUCT. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF THERASENSEFMT, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON THERASENSE FMT OR ITS THIRD PARTY SUPPLIERS.

Exclusion of Other Warranties. EXCEPT FOR THE LIMITED ----------------------------- WARRANTIES AS PROVIDED IN SECTIONS 6.1.1SECTION 6.1 OF THIS PROFESSIONAL SERVICES AGREEMENT, 6.1.2 THE PROJECTS ARE PROVIDED ON AN “AS IS” AND 6.1.3 ABOVE“AS AVAILABLE” BASIS AND CLIENT AGREES THAT CLIENT’S USE OF THE PROJECTS SHALL BE AT CLIENT’S SOLE DISCRETION AND RISK. THE WARRANTY SET FORTH IN SECTION 6.1 OF THIS PROFESSIONAL SERVICES AGREEMENT IS IN LIEU OF ALL OTHER REPRESENTATIONS, THERASENSE GRANTS NO OTHER WARRANTIES OR CONDITIONS. EXCEPT AS PROVIDED IN SECTION 6.1 OF THIS PROFESSIONAL SERVICES AGREEMENT, COLLIGO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, BY STATUTEIMPLIED OR STATUTORY, IN CONNECTION WITH ANY COMMUNICATION WITH NIPRO OR ITS CUSTOMERSPROJECTS AND CLIENT’S USE THEREOF, OR OTHERWISE, REGARDING THE FREESTYLE PRODUCTS, AND THERASENSE SPECIFICALLY DISCLAIMS INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITYACCURACY, COMPLETENESS, PERFORMANCE, HARDWARE COMPATIBILITY, QUIET ENJOYMENT, TITLE AND NONINFRINGEMENTNON-INFRINGEMENT. EXCEPT AS PROVIDED NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY CLIENT FROM COLLIGO OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT AND/OR THERASENSE'S WARRANTY, THERASENSE AGREEMENT. FURTHERMORE COLLIGO DOES NOT WARRANT THAT OPERATION OF THE FREESTYLE PRODUCTS WILL BE UNINTERRUPTED OR ERROR- FREE. THERASENSE NEITHER ASSUMES NOR AUTHORIZES MAKE ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF ANY FREESTYLE PRODUCT. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY OF ANY PERSON KIND TO CLIENT WITH RESPECT TO ANY HARDWARE OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF THERASENSE, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON THERASENSE OR ITS THIRD PARTY SUPPLIERSSOFTWARE.