any breach of any representation or warranty made by Seller in the Transaction Documents;

If the same claim for indemnification may be brought as a result of a breach of more than one representation or warranty contained in this Agreement, the Indemnified Party may choose the representation or warranty under which to pursue the indemnification claim, and the fact that such indemnification claim may be limited or barred if brought pursuant to a breach of one particular representation or warranty contained in this Agreement shall not impact or limit an Indemnified Party’s ability to bring the same claim for breach of another representation or warranty to which such limitation does not apply. In addition, the limitations set forth in this [Section 9.4] do not limit the obligation of any Party to indemnify any other Party from and against any claim arising from any breach of a covenant, even if such breach also constitutes a breach of a representation or warranty. Notwithstanding the foregoing, no Indemnified Party shall be entitled to recover any Losses related to any matter arising under one provision of this Agreement to the extent that such Indemnified Party has already recovered such Losses with respect to such matter pursuant to other provisions of this Agreement.

any untrue representation of or breach of warranty by Buyer in any part of this Agreement;

No waiver by a Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.

any breach of any warranty or representation made by the Sellers in Article IV or in the Seller Closing Certificate, or the failure of any such representation or warranty to be true and correct;

resulting from any misrepresentation, breach of warranty or failure to perform any covenant or agreement of BUTTE contained in this Agreement; and

resulting from any misrepresentation, breach of warranty or failure to perform any covenant or agreement of INTERLOK contained in this Agreement; and

The Company makes no representation or warranty as to the future market value of any Shares or Optioned Shares.

Tenant Representation and Warranty. Tenant hereby represents and warrants to Landlord that # neither Tenant nor any of its legal predecessors has been required by any prior landlord, lender or Governmental Authority at any time to take remedial action in connection with Hazardous Materials contaminating a property which contamination was permitted by Tenant of such predecessor or resulted from Tenant’s or such predecessor’s action or use of the property in question, and # Tenant is not subject to any enforcement order issued by any Governmental Authority in connection with the use, storage, handling, treatment, generation, release or disposal of Hazardous Materials (including, without limitation, any order related to the failure to make a required reporting to any Governmental Authority). If Landlord determines that this representation and warranty was not true as of the date of this lease, Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion.

Seller warrants that the goods are now free, and that at the time of delivery shall be free from any security interest or other lien or encumbrance.