Common use of Materials; Disclaimer of Warranties; Responsibility Clause in Contracts

Materials; Disclaimer of Warranties; Responsibility. (a) Each Party shall use any biologic materials, supplies or devices provided to it by the other Party hereunder, and any derivatives or conjugates thereof (the "Materials"), only for the purposes described in this Agreement. (b) WITH RESPECT TO THE SUPPLY OF MATERIALS HEREUNDER, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, EACH PARTY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE MATERIALS SUPPLIED BY SUCH PARTY HEREUNDER. (c) Except as provided in this Agreement to the contrary, each Party shall be solely responsible and liable for all activities undertaken by it using any Materials provided to it by the other Party hereunder, except to the extent resulting from such providing Party's negligence or willful misconduct or the breach of any its representations, warranties or covenants with respect thereto. Article 4

Materials; Disclaimer of Warranties; Responsibility. (a) Each Party shall use any biologic materials, supplies or devices provided to it by the other Party hereunder, and any derivatives or conjugates thereof (the "Materials"), only for the purposes described in this Agreement. (b) WITH RESPECT TO THE SUPPLY OF MATERIALS HEREUNDER, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, EACH PARTY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE MATERIALS SUPPLIED BY SUCH PARTY HEREUNDER. (c) Except as provided in this Agreement to the contrary, each Party shall be solely responsible and liable for all activities undertaken by it using any Materials provided to it by the other Party hereunder, except to the extent resulting from such providing Party's negligence or willful misconduct or the breach of any its representations, warranties or covenants with respect thereto. Article 4.