Common use of Exclusion of Sellers’ Liability Clause in Contracts

Exclusion of Sellers’ Liability. The Sellers shall not be liable for a Breach of the Sellers' Guarantees if and to the extent that 7.2.1 either the Purchaser, or (following the Closing Date) its respective representatives have caused or participated in causing (verursacht oder mitverursacht) or have aggravated such Breach of the Sellers' Guarantees or any Losses resulting therefrom or failed to mitigate Losses pursuant to Section 254 of the German Civil Code (BGB); or 7.2.2 the matter underlying the Breach of the Sellers' Guarantees has been expressly and specifically taken into account in the Interim Financial Statements as a write-off (Abschreibung), value adjustment (Wertberichtigung), liability (Verbindlichkeit) or provision (Rückstellung), excluding general adjustments (e.g., Pauschalwertberichtigungen) or provisions were made therein for the relevant risk category.