Disclaimer

All data (including trial data), information, reports, ideas, opinions, suggestions, and/or representations concerning certain products, services, materials, and/or technologies of Topigs Norsvin Holding B.V. and its affiliates, Topigs Norsvin USA, LLC and/or its affiliates (individually and collectively, “Topigs Norsvin”), including, without limitation, any and all reports, statements, and/or representations concerning any particular or specific category, line, tier, or class of certain products, services, materials, or technologies that Topigs Norsvin may offer, including, without limitation, its R3silience^TM products (together with any other data, information, report, idea, opinion, suggestion, statement, representation, marketing or promotional materials (including website content), samples, models, or forecasts that may have previously been or may hereafter be made available to the general public, including Recipient, individually and collectively, “Topigs Norsvin Information”) that Topigs Norsvin or any of its employees, representatives, agents, or contractors may present or make available to you (including all of your affiliates, successors, and assigns, collectively, “Recipient”), if and when presented or made available to Recipient, ARE AND REPRESENT MERE OPINION OR COMMENDATION OF TOPIGS NORSVIN CONCERNING ITS PRODUCTS, SERVICES, MATERIALS, AND/OR TECHNOLOGIES (collectively, “Topigs Norsvin Products and Services”) and ARE NOT TOPIGS NORSVIN’S OR ANY OTHER PERSON’S AFFIRMATION OF FACT, DESCRIPTION OF GOODS, OR PROMISE CONCERNING ANY ASPECT OF QUALITY OF ANY TOPIGS NORSVIN PRODUCTS AND SERVCIES OR RESULTING THEREFROM and ARE NOT AND WILL NOT BE VERIFIED OR TESTED AS TO THEIR STATISTICAL ACCURACY OR MEANINGFULNESS, REPLICABILITY OR REPEATABILITY AT RECIPIENT’S FARMS, PREMISES, OPERATIONS, OR BUSINESSES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FLAWLESSNESS, TIMELINESS, ACCURACY, CORRECTNESS, COMPLETENESS, SUITABILITY, SOUNDNESS, ADEQUATENESS, LAWFULNESS, OR ABSENCE OF INFRINGEMENT OF ANY THIRD PARTY RIGHTS OR INTERESTS but provided to and accepted by Recipient “AS IS,” “WITH ALL FAULTS,” and WITHOUT ANY GUARANTY, WARRANTY, REPRESENTATION, OR ASSURANCE, WHETHER EXPRESS OR IMPLIED, as to or of (and Topigs Norsvin hereby expressly disclaims) the statistical accuracy or meaningfulness, replicability or repeatability at Recipient’s farm, premises, operations, or businesses, merchantability, fitness for a particular purpose, flawlessness, timeliness, accuracy, correctness, completeness, suitability, soundness, adequateness, lawfulness, or absence of infringement of any third party rights or interests, of or concerning any or all of such Topigs Norsvin Information and Topigs Norsvin Products and Services. Any sample, model, drawing, or depiction contained in Topigs Norsvin Information is for illustrative purposes only and does not create any warranty, affirmation of fact, description of goods, or promise regarding conformity.

All items of Topigs Norsvin Information are produced, compiled, and/or presented to Recipient solely based on experimental research and development efforts under arbitrary, experimental, and/or hypothetical assumptions and research protocols with limited quantities of samples, which may not be statistically meaningful and based on such information, data (including trial data performed prior hereto), facts, circumstances, knowledge, and all other aspects that are limited to such trial and other data collection and analysis performed by Topigs Norsvin and/or its employees, representatives, agents, and/or contractors only, without necessarily reflecting, considering, or including those information, data, facts, or circumstances that are unique or privity to Recipient or Recipient’s farms, premises, operations, or businesses. No item of Topigs Norsvin Information is intended to influence any aspect of Recipient or any other person’s business, operation, or transaction, including, without limitation, any transaction that Recipient may have with Topigs Norsvin or any of its employees, representatives, agents, or contractors at any time and none of your reliance thereon will be justifiable. RECIPIENT MAY RELY ON TOPIGS NORSVIN INFORMATION ONLY AT ITS OWN RISK AND PERIL.

No item of Topigs Norsvin Information or any presentation, demonstration, showing, or other representation made by Topigs Norsvin concerning any Topigs Norsvin Products and Services is, nor shall be construed to constitute, an offer for sale or delivery of any Topigs Norsvin Products and Services by Topigs Norsvin to Recipient or a part of the basis of the bargain of or concerning such Topigs Norsvin Products and Services. Any and all contracts between Recipient and Topigs Norsvin concerning any Topigs Norsvin Products and Services shall be made only in writing duly authorized and signed by both parties. IN THE EVENT RECIPIENT AND TOPIGS NORSVIN MAKE AND ENTER INTO SUCH A WRITTEN CONTRACT, ONLY SUCH TERMS AND CONDITIONS SET FORTH IN SUCH WRITTEN CONTRACT SHALL BIND UPON AND BE ENFORCEABLE AGAINST RECIPIENT AND TOPIGS NORSVIN AND NO REPRESENTATION, STATEMENT, AFFIRMATION, PROMISE, OR PRESENTATION MADE BY TOPIGS NORSVIN OR ANY OF ITS EMPLOYEES, REPRESENTATIVES, AGENTS, AND/OR CONTRACTORS, WHETHER AT THE TIME, BEFORE, OR AFTER SUCH WRITTEN CONTRACT IS SO AUTHORIZED AND SIGNED BY THE PARTIES THERETO, THAT DIFFER FROM THE TERMS OF SUCH WRITTEN CONTRACT SHALL BE NULL AND VOID AND OF NO FORCE OR EFFECT.

By receiving Topigs Norsvin Information, Recipient hereby accepts and consents to this Disclaimer and further RECIPIENT, ON BEHALF OF ITSELF AND ITS MEMBERS, PARTNERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, CLIENTS, AFFILIATES, CONTRACTORS, SUCCESSORS, AND ASSIGNS, HEREBY FOREVER RELEASES AND DISCHARGES, AND DOES AGREE TO RELEASE AND DISCHARGE TOPIGS NORSVIN AND ITS DIRECTORS, GOVERNORS, OFFICERS, MANAGERS, EMPLOYEES, OWNERS, MEMBERS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS, VENDORS, CONTRACTORS, BUSINESS PARTNERS, SUCCESSORS, AND ASSIGNS OF AND FROM ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF ACTION, DAMAGES (WHETHER ACTUAL OR LIQUIDATED; WHETHER INCIDENTAL OR CONSEQUENTIAL), EXPENSES, ATTORNEY’S FEES, LOSSES, LOST PROFITS, DEMANDS, AND OBLIGATIONS OF ANY KIND AND NATURE, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH YOU EVER HAD, NOW HAS, OR HEREAFTER CAN, SHALL OR MAY HAVE FOR, UPON, BY REASON OF, CONCERNING, DUE TO, ARISING OR RESULTING FROM, BASED ON, OR ON ACCOUNT OF ANY PART OF TOPIGS NORSVIN INFORMATION OR YOUR RECEIPT OR USE THEREOF OR RELIANCE THEREON, IN WHOLE OR IN PART, WHETHER BASED ON NEGLIGENCE, NEGLIGENT MISREPRESENTATION, BREACH OF CONTRACT, STRICT LIABILITY, BREACH OF EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, OR ANY OTHER LEGAL THEORY, PRINCIPLE, OR DOCTRINE.

In making certain parts of Topigs Norsvin Information available to Recipient, Topigs Norsvin has justifiably relied on Recipient’s agreements, acknowledgements, releases, waivers, representations, and covenants made herein and accordingly this Disclaimer is and shall be legally binding upon and enforceable against Recipient.