Acknowledgment and Disclaimer. SUBSCRIBER acknowledges that the services rendered by HCC are those of a clearing house and, except as expressly set forth herein, under no circumstances shall HCC be responsible for collection of commissions owing SUBSCRIBER. HCC shall not be responsible or liable for any inaccuracy in the information provided to SUBSCRIBER in the HCC Management Report. HCC shall only be liable to SUBSCRIBER for the amount of commissions actually collected by HCC, less the HCC Fee described herein. In the event HCC shall fail in any respect to perform the services set forth herein, it shall, under no circumstances, be liable for uncollected commissions to SUBSCRIBER or any other liability resulting therefrom including, without limitation, consequential damages. SUBSCRIBER'S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT BY HCC SHALL BE TERMINATION OF THIS AGREEMENT AND THE AMOUNT OF COMMISSIONS ACTUALLY COLLECTED BY HCC LESS THE HCC FEE. ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, GOOD AND WORKMANLIKE PRODUCT OR SERVICE, OR OTHERWISE, ARE DISCLAIMED AND WAIVED. In the event a failure or delay in the performance of this agreement, except for the payment of money, results from an act of God, labor strike or other events beyond the control of the party obligated to perform, such failure or delay shall not constitute a breach of this agreement nor shall the parties hereto be liable for damages resulting from such event.
Acknowledgment and Disclaimer. Purchaser acknowledges that it has not relied on any financial representations from Broker, its agents, or employees concerning the financial status of the subject business, and that Purchaser is responsible for satisfying itself independent of the Broker, its agents, and employees as to the past, present, and future profitability of the business.
Acknowledgment and Disclaimer. Contractor acknowledges that Owner: (i) may have entered, and may hereafter enter, into coal supply contracts which vary widely in terms and economic benefit to other suppliers and contractors; (ii) may mine and remove coal from the Property in competition with Contractor; and (iii) may engage other contractors, or may otherwise grant to other persons or entities the right, to mine and remove coal from the Property in competition with Contractor; provided, however, that neither Owner nor any other person or entity may mine and remove, or engage other contractors, or grant to other persons or entities the right, to mine and remove the Coal during the Term hereof. Contractor further acknowledges that: (1) Owner, in its sole and absolute discretion, may allocate among its coal supply contracts the Coal mined by Contractor and other coal mined or otherwise obtained by Owner; and (ii) Owner may favor itself or any contractor or other person or entity in such allocation. Owner disclaims any express or implied obligation or duty to allocate any specific quantity of the Coal produced by Contractor hereunder to any coal supply contract; and Contractor acknowledges that it is not a third party beneficiary to any coal supply contract to which Owner is or may be a party.
Acknowledgment and Disclaimer. (a) Except for representations and warranties expressly set forth in Section 3 of this Agreement, Buyer acknowledges and agrees that neither Seller, nor the Company nor the Subsidiaries nor anyone acting on their behalf makes any express or implied representations or warranties with respect to Seller, the Company, the Subsidiaries, their businesses or their assets, including, without limitation, capacity, suitability, utility, salability, availability, profitability, collectibility and operation.
Acknowledgment and Disclaimer. Owner and Contractor acknowledge that Owner: (i) will not enter into, and may not hereafter enter, into pozzolan supply contracts with other suppliers and contractors; (ii) may not mine and remove pozzolan from the Property in competition with Contractor; and (iii) will not engage other contractors, or may not otherwise grant to other persons or entities the right, to mine and remove Pozzolan from the Property in competition with Contractor. Contractor further acknowledges that: (1) Owner, in its sole and absolute discretion, may allocate among its Pozzolan supply contracts the Pozzolan mined by Contractor. Owner concedes obligation and duty to allocate all quantities of the Pozzolan produced by Contractor hereunder to any Pozzolan supply contract held by the Owner; and Contractor acknowledges that it is not a third party beneficiary to any Pozzolan supply contract to which Owner is or may be a party.
Acknowledgment and Disclaimer. (a) Except for representations and warranties expressly set forth in this Agreement, Buyer acknowledges and agrees that neither Seller, nor Silarx nor Stoneleigh nor anyone acting on their behalf makes any express or implied representations or warranties with respect to Seller, Silarx, Stoneleigh, their businesses of their assets, including, without limitation, accuracy and completeness, capacity, suitability, utility, salability, availability, profitability, collectability and operation. Notwithstanding anything herein to the contrary, but without limitation of any representation or warranty expressly contained in this Agreement or any other Related Agreement, Seller makes no other (and hereby disclaims each other) representation.
Acknowledgment and Disclaimer. Xxxxxxx agrees that it will acknowledge MHCF’s support in any materials produced pursuant to this Agreement and whenever activities funded, in whole or in part, by this Agreement are publicized by Grantee in videos, brochures, articles, seminars or other types of promotional material. To accomplish this, Xxxxxxx shall include in any draft or final publication resulting from work performed under this Grant an acknowledgement substantially as follows: “This [publication, report, seminar, etc.] was funded by a grant from the Montana Healthcare Foundation. [Grantee Name] is solely responsible for the statements and conclusions included in this [publication, report, seminar, etc.].” Grantee agrees that MHCF may include information regarding this Grant in MHCF’s periodic public reports.
Acknowledgment and Disclaimer. IT IS ACKNOWLEDGED THAT PURCHASER HAS HAD OR SHALL HEREAFTER HAVE AMPLE OPPORTUNITY TO INVESTIGATE ALL ASPECTS OF THE PROPERTY AND TO OBTAIN KNOWLEDGE OF ALL ATTRIBUTES CONCERNING SUCH PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 12, THE PROPERTY SHALL BE CONVEYED TO PURCHASER ON AN “AS-IS, WHERE-IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, EITHER ORAL OR WRITTEN, MADE BY SELLER OR ANY AGENT OR REPRESENTATIVE OF SELLER WITH RESPECT TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE PHYSICAL OR STRUCTURAL CONDITION OF THE PROPERTY, THE PROPERTY’S COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, OR WITH RESPECT TO THE EXISTENCE OR ABSENCE OF TOXIC OR HAZARDOUS MATERIALS, SUBSTANCES OR WASTES, ASBESTOS OR ASBESTOS CONTAINING MATERIALS, OR STORAGE TANKS IN, ON, UNDER, ABOUT OR AFFECTING THE PROPERTY AND THAT SELLER HAS MADE AND HEREBY MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER AND HEREBY DISCLAIMS ANY IMPLIED WARRANTY REGARDING THE FITNESS FOR A PARTICULAR PURPOSE, QUALITY OR MERCHANTABILITY OF THE LAND, THE IMPROVEMENTS, THE PERSONAL PROPERTY OR ANY PORTION THEREOF. PURCHASER REPRESENTS AND WARRANTS TO SELLER THAT (A) PURCHASER IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION; (B) PURCHASER IS REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE SALE CONTEMPLATED BY THIS AGREEMENT; (C) PURCHASER IS KNOWLEDGEABLE AND EXPERIENCED IN THE PURCHASE, OWNERSHIP AND SALE OF COMMERCIAL REAL ESTATE AND IS FULLY ABLE TO EVALUATE THE MERITS AND RISKS OF THIS TRANSACTION; AND (D) PURCHASER HAS CONDUCTED (OR WILL HEREAFTER CONDUCT) OR HAD THE OPPORTUNITY TO CONDUCT (OR WILL HEREAFTER HAVE THE OPPORTUNITY TO CONDUCT) ITS OWN INSPECTION AND INVESTIGATION OF THE PROPERTY.
