Common use of Subject to Clauses 16 Clause in Contracts

Subject to Clauses 16. 1 and 16.2, the Purchaser acknowledges and agrees that: (a) each of the Seller Warranties is separate and independent; (b) the Seller Warranties are the only representations, warranties or other assurances of any kind given by or on behalf of the Seller or any member of the Seller's Group, whether express or implied, in relation to the Shares, the Target Group Companies, the JV Company, their respective businesses, assets, liabilities and activities, the Transferring Activities and the Transferring IP Rights and/or the transactions contemplated by this Agreement (and the Purchaser hereby irrevocably waives all rights and remedies which, but for this Clause 16, might otherwise be available to it in respect of any such representation, warranty or other assurance, whether based on article 7:17 Dutch Civil Code or otherwise); (c) except for the Seller Warranty set out in paragraph 28 (Disclosure) of Schedule 5 (Seller Warranties), neither the Seller, nor any of its Affiliates nor any of their respective Representatives make any representation or warranty as to the completeness or accuracy of any information; and (d) neither the Seller, nor any of its Affiliates nor any of their respective Representatives, make any representation or warranty as to any forward looking forecasts, estimates or projections, statements of intent or statements of opinion of the Business (including any of the foregoing contained in any of the Disclosed Information) provided to any member of the Purchaser's Group or any of their respective Representatives at any time.

Appears in 2 contracts

Sources: Agreement for the Sale and Purchase of Shares and Membership Interests (Avient Corp), Purchase Agreement (Avient Corp)