Each Party acknowledges that in entering into this Agreement on the terms set out in this Agreement it is not relying upon any representation, warranty, promise or assurance made or given by the Other Party or any other person, whether or not in writing, at any time prior to the execution of this Agreement which is not expressly set out in this Agreement, provided that this shall not affect any liability which one Party would otherwise have to the other in respect of any statements made fraudulently by the other Party prior to the date of this Agreement.