Common use of Disclaimer of Warranties; Subrogation Clause in Contracts

Disclaimer of Warranties; Subrogation. (a) THE COMPANY IS CONVEYING THE CONTRACTS "AS IS" WITHOUT REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY (ALL OF WHICH THE COMPANY HEREBY DISCLAIMS), AS TO (i) TITLE, (ii) FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY OR DESIGN OR QUALITY, OR (iii) ANY OTHER MATTER WHATSOEVER. THE PROVISIONS OF THIS SECTION 6.2 HAVE BEEN NEGOTIATED BY THE PARTNERSHIP AND THE COMPANY AFTER DUE CONSIDERATION AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY REPRESENTATIONS OR WARRANTIES OF THE COMPANY, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE ASSETS THAT MAY ARISE PURSUANT TO ANY LAW NOW OR HEREAFTER IN EFFECT, OR OTHERWISE, EXCEPT AS EXPRESSLY SET FORTH HEREIN. (b) The assignment of the Contracts made under Section 2.1 is made with full rights of substitution and subrogation of the Partnership, and all persons claiming by, through and under the Partnership, to the extent assignable, in and to all covenants and warranties by the predecessors-in-title of the Company, and with full subrogation of all rights accruing under applicable statutes of limitation and all rights of action of warranty against all former owners of the Contracts. (c) The Company and the Partnership agree that the disclaimers contained in this Section 6.2 are "conspicuous" disclaimers. Any covenants implied by statute or law by the use of the words "grant," "convey," "bargain," "sell," "assign," "transfer," "deliver," or "set over" or any of them or any other words used in this Agreement are hereby expressly disclaimed, waived and negated.

Disclaimer of Warranties; Subrogation. (a) THE COMPANY GRANTOR IS CONVEYING THE CONTRACTS "SUBJECT PROPERTY “AS IS" ” WITHOUT REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY (ALL OF WHICH THE COMPANY GRANTOR HEREBY DISCLAIMS), AS TO (i) TITLE, (ii) FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY OR DESIGN OR QUALITY, OR (iii) ANY OTHER MATTER WHATSOEVER. THE PROVISIONS OF THIS SECTION 6.2 HAVE BEEN NEGOTIATED BY THE PARTNERSHIP GRANTEE AND THE COMPANY GRANTOR AFTER DUE CONSIDERATION AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY REPRESENTATIONS OR WARRANTIES WARRANTEES OF THE COMPANYGRANTOR, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE ASSETS SUBJECT PROPERTY THAT MAY ARISE PURSUANT TO ANY LAW NOW OR HEREAFTER IN EFFECT, OR OTHERWISE, EXCEPT AS EXPRESSLY SET FORTH HEREIN. (b) The assignment of the Contracts made under Section 2.1 This Conveyance is made with full rights of substitution and subrogation of the Partnership, Grantee and all persons claiming by, through through, and under the PartnershipGrantee, to the extent assignable, in and to all covenants and warranties by the predecessors-in-title of the CompanyGrantor, and with full subrogation of all rights accruing under applicable statutes of limitation and all rights of action of warranty against all former owners of the ContractsSubject Property. (c) The Company and the Partnership agree Grantee agrees that the disclaimers contained in this Section 6.2 section are "“conspicuous" ” disclaimers. Any covenants implied by statute or law by the use of the words "“grant," "”, “convey," "”, “bargain," "”, “sell," "”, “assign," "”, “transfer," "”, “deliver," ” or "“set over" ” or any of them or any other words used in this Agreement Conveyance are hereby expressly disclaimed, waived and negated.