(2) years from and after the Closing Date, unless written notice of a
claim is given to Warren within such period, in which event, the claims
identified within such notice shall survive without
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time limitation (but subject to any statutes of limitation applicable thereto
under governing law).
ARTICLE VI
DISCLAIMERS AND NOTIFICATIONS
Section 6.1 General Matters. Warren, MPC and NGI make the following
disclaimers and notifications:
(a) Except as otherwise provided herein there are no express or implied
warranties that apply to the transactions contemplated herein.
(b) IT IS EXPRESSLY UNDERSTOOD BY THE PARTIES THAT NEITHER MPC NOR NGI MAKE
ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE (EXCEPT AS
PROVIDED IN Section 5.1(c) above) OR THE CONDITION OR STATE OF REPAIR OF THE
ASSETS, THEIR VALUE, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USES
OR PURPOSES, NOR AS TO THE CURRENT VOLUME, NATURE, QUALITY, CLASSIFICATION, OR
VALUE OF THE HYDROCARBON RESERVES THEREUNDER OR COVERED THEREBY, NOR WITH
RESPECT TO ANY APPURTENANCES THERETO BELONGING OR APPERTAINING TO THE ASSETS.
EXCEPT FOR LIENS, ENCUMBRANCES, OBLIGATIONS, PLEDGES AND SECURITY INTERESTS
CREATED, DONE, MADE OR SUFFERED BY SELLERS (OR EITHER OF THEM) OR ANY PERSON
CLAIMING UNDER THEM, WARREN ACCEPTS THE ASSETS IN "AS IS, WHERE IS" CONDITION
AND SUBJECT TO ANY AND ALL OBLIGATIONS, DUTIES, LIABILITIES, RESTRICTIONS,
LIMITATIONS, WAIVERS AND OBLIGATIONS RELATING THERETO. WITHOUT LIMITATION OF THE
FOREGOING, WARREN HEREBY WAIVES ANY AND ALL RIGHTS AND REMEDIES WARREN MAY HAVE
AGAINST MPC, NGI AND/OR THEIR RESPECTIVE ASSOCIATED PARTIES ARISING FROM SAME
INCLUDING, WITHOUT LIMITATION, ANY RIGHTS AND REMEDIES WARREN MAY HAVE AGAINST
MPC AND/OR NGI PURSUANT TO CALIFORNIA'S UNFAIR PRACTICES ACT (CALIFORNIA
BUSINESS AND PROFESSIONS CODE SECTIONS 17200, ET SEQ.).
(c) WARREN ACKNOWLEDGES AND AGREES THAT THE ASSETS HAVE BEEN UTILIZED FOR
THE PURPOSE OF EXPLORATION, DEVELOPMENT AND PRODUCTION OF OIL AND
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GAS, AND THAT MATERIALS ASSOCIATED THEREWITH MAY HAVE BEEN STORED, KEPT,
DISPOSED OF, ON OR IN THE ASSETS. WARREN ACKNOWLEDGES THAT EQUIPMENT, PLANTS,
BUILDINGS, STRUCTURES, IMPROVEMENTS, ABANDONED AND OTHER TANKS AND PIPING,
STORAGE FACILITIES, GATHERING AND DISTRIBUTION LINES, WELLS AND OTHER PETROLEUM
PRODUCTION FACILITIES AND APPURTENANCES MAY BE LOCATED THEREON. WARREN
ACKNOWLEDGES THAT THERE HAVE BEEN SPILLS OF CRUDE OIL, PRODUCED WATER AND OTHER
MATERIALS IN THE PAST ON AND IN THE ASSETS. IN ADDITION, SOME PRODUCTION
EQUIPMENT MAY CONTAIN ASBESTOS AND NORM. IN THIS REGARD, WARREN EXPRESSLY
ACKNOWLEDGES AND AGREES THAT NORM MAY AFFIX OR ATTACH ITSELF TO THE INSIDE OF
WELLS, MATERIALS AND EQUIPMENT AS SCALE, OR IN OTHER FORMS, AND THAT WELLS,
MATERIALS AND EQUIPMENT LOCATED ON THE ASSETS MAY CONTAIN NORM AND THAT
NORM-CONTAINING MATERIAL MAY BE BURIED AND OTHERWISE DISPOSED OF ON THE ASSETS.
WARREN ALSO EXPRESSLY UNDERSTANDS THAT SPECIAL PROCEDURES MAY BE REQUIRED FOR
THE REMOVAL AND DISPOSAL OF ASBESTOS AND NORM FROM THE EQUIPMENT AND LAND WHERE
IT MAY BE FOUND AND WARREN ASSUMES ALL LIABILITY AND EXPENSE FOR SUCH
ASSESSMENT, REMOVAL, AND DISPOSAL OF ANY SUCH MATERIALS AND ASSOCIATED
ACTIVITIES.
Section 6.2 Data. All data, evaluations,