Covenants and Acknowledgments. 16.1 Each Party covenants to use its best efforts in the full spirit of co-operation to promptly achieve the purpose set forth herein. 16.2 The Parties hereby acknowledge that the Seller has undertook and promised, after having made any diligent inquiry itself and through its specialized advisors that the Gold Bars to be shipped pursuant to this Agreement can be imported to the Buyer’s nominated airport in the Import Country and shall procure that any legal action required to this end shall be promptly taken. 16.3 Each party on behalf of itself and acknowledges and agrees with the other Party that: 16.3-1 in entering into this Agreement neither party has relied on any representation or statement made prior to entry into this Agreement; and 16.3-2 the only remedy available to either party for breach of this Agreement shall be for breach of contract under the terms of this Agreement and it shall have no right of action against any other party in respect of any representation or statement made prior to entry into this Agreement. Nothing in this Agreement shall, however, operate to limit or exclude any liability for fraud.
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Sources: Sale and Purchase Agreement, Sale and Purchase Agreement, Sale and Purchase Agreement