Common use of Liabilities to be Assumed by Buyer Clause in Contracts

Liabilities to be Assumed by Buyer. Subject to the terms of this Article III and upon completion of the Closing, Buyer covenants and agrees to assume, fulfill, perform and in due course discharge, all obligations and liabilities of any kind or character whatsoever resulting from, relating to, arising out of, or incurred in connection with the Purchased Assets, which obligations and liabilities result from, relate to, arise out of, or are incurred in connection with actions taken after completion of the Closing; provided, however, Buyer shall not assume any liability or obligation arising from or relating to a breach by Sellers of a representation, warranty or covenant set forth in this Agreement; provided, further, Buyer shall not assume any liability or obligation retained by Sellers under Section 3.4; provided, further, Buyer shall not assume any liability or obligation incurred by Covol under the Operation and Maintenance Agreement.