The Parties hereby acknowledge and agree that if, on or before the Closing Date, Buyer or any of its representatives, has actual knowledge of any violation or breach by the Company or any Seller of any representation, warranty, covenant, obligation or agreement contained in this Agreement or the Exhibits, Annexes and Schedules hereto, or the other documents, instruments and certificates delivered hereunder and thereunder, then Buyer shall be deemed to have waived such violation or breach and Buyer shall not be entitled to be indemnified pursuant to this Agreement, to sue for, or bring an arbitration claim for, damages or to assert any other right or remedy for any Adverse Consequences arising from any matters relating to such violation or breach, notwithstanding anything to the contrary contained herein or in any document, agreement, instrument or certificate delivered pursuant hereto. Buyer shall be deemed to have actual knowledge of all documents and information provided or made available to any of them in connection with this Agreement or the Exhibits, Annexes and Schedules hereto, or the other documents, instruments and certificates delivered hereunder and thereunder, and the transactions contemplated hereby and thereby, including without limitation, any information, document or material made available on CD-ROM, in certain “data rooms”, in management presentations or in environmental reports.