Common use of Acknowledgment of Clause in Contracts

Acknowledgment of. As-Is-Where-Is" Sale. Buyer acknowledges and agrees that it is purchasing and accepting the Assets, the Shares, and the Options, and, if Buyer exercises the Options, will purchase and accept the Option Shares, on an "as-is-where-is" basis, except for the representations and warranties specifically set forth in Section 4.1 through Section 4.21 of this Agreement and the representations and warranties in the certificate delivered by Sellers pursuant to Section 9.2(f). To the fullest extent permitted by law, Buyer hereby unconditionally and irrevocably waives and releases any and all actual or potential claims that it might have against any Seller regarding any form of warranty, express or implied, of any kind or type, including warranties of fitness, relating to or in connection with the purchase of the Assets, the Shares and the Options, other than the representations and warranties specifically set forth in Section 4.1 through Section 4.21 of this Agreement and the representations and warranties in the certificate delivered by Sellers pursuant to Section 9.2(f). This waiver and release is, to the fullest extent permitted by law, absolute, complete, total, and unlimited in every way and includes, to the fullest extent permitted by law, a waiver and release of express warranties (other than the representations and warranties specifically set forth in Section 4.1 through Section 4.21 of this Agreement and the representations and warranties in the certificate delivered by Sellers pursuant to Section 9.2(f)), implied warranties, warranties of fitness for a particular use, warranties of merchantability, warranties of habitability, claims based on apparent or latent defects or deficiencies, whether now or hereafter existing, and strict liability rights and claims of every kind and type (including claims regarding defects that were not or are not discoverable and all other extant or later created or conceived of strict liability or strict liability-type claims and rights).

Appears in 2 contracts

Samples: Asset and Stock Purchase and Option Grant Agreement (Quantum Direct Corp), Asset and Stock Purchase and Option Grant Agreement (Paxson Communications Corp)

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Acknowledgment of. As-Is-Where-Is" Sale. Buyer acknowledges and agrees that it is purchasing and accepting the Assets, the Shares, and the Options, and, if Buyer exercises the Options, will purchase and accept the Option Shares, Assets on an "as-is-where-is" basis, except for the representations and warranties specifically set forth in Section 4.1 3.1 through Section 4.21 3.20 of this Agreement and the representations and warranties in the certificate delivered by Sellers pursuant to Section 9.2(f8.2(f). To the fullest extent permitted by law, Buyer and PCC hereby unconditionally and irrevocably waives waive and releases release any and all actual or potential claims that it might have against any Seller or ValueVision regarding any form of warranty, express or implied, of any kind or type, including warranties of fitness, relating to or in connection with the purchase of the Assets, the Shares and the Options, other than the representations and warranties specifically set forth in Section 4.1 3.1 through Section 4.21 3.20 of this Agreement and the representations and warranties in the certificate delivered by Sellers pursuant to Section 9.2(f8.2(f). This waiver and release is, to the fullest extent permitted by law, absolute, complete, total, and unlimited in every way and includes, to the fullest extent permitted by law, a waiver and release of express warranties (other than the representations and warranties specifically set forth in Section 4.1 3.1 through Section 4.21 3.20 of this Agreement and the representations and warranties in the certificate delivered by Sellers pursuant to Section 9.2(f8.2(f)), implied warranties, warranties of fitness for a particular use, warranties of merchantability, warranties of habitability, claims based on apparent or latent defects or deficiencies, whether now or hereafter existing, and strict liability rights and claims of every kind and type (including claims regarding defects that were not or are not discoverable and all other extant or later created or conceived of strict liability or strict liability-type claims and rights).

Appears in 2 contracts

Samples: Asset Purchase Agreement (Paxson Communications Corp), Asset Purchase Agreement (Valuevision International Inc)

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Acknowledgment of. As-Is-Where-Is" Sale. Buyer acknowledges and agrees that it is purchasing and accepting the Assets, the Shares, and the Options, and, if Buyer exercises the Options, will purchase and accept the Option Shares, Assets on an "as-is-where-is" basis, except for the representations and warranties specifically set forth in Section 4.1 3.1 through Section 4.21 3.18 of this Agreement and the representations and warranties in the certificate delivered by Sellers pursuant to Section 9.2(f8.2(f). To the fullest extent permitted by law, Buyer hereby unconditionally and irrevocably waives and releases any and all actual or potential claims that it might have against any Seller Sellers regarding any form of warranty, express or implied, of any kind or type, including warranties of fitness, relating to or in connection with the purchase of the Assets, the Shares and the Options, other than the representations and warranties specifically set forth in Section 4.1 3.1 through Section 4.21 3.18 of this Agreement and the representations and warranties in the certificate delivered by Sellers pursuant to Section 9.2(f8.2(f). This waiver and release is, to the fullest extent permitted by law, absolute, complete, total, and unlimited in every way and includes, to the fullest extent permitted by law, a waiver and release of express warranties (other than the representations and warranties specifically set forth in Section 4.1 3.1 through Section 4.21 3.18 of this Agreement and the representations and warranties in the certificate delivered by Sellers pursuant to Section 9.2(f8.2(f)), implied warranties, warranties of fitness for a particular use, warranties of merchantability, warranties of habitability, claims based on apparent or latent defects or deficiencies, whether now or hereafter existing, and strict liability rights and claims of every kind and type (including claims regarding defects that were not or are not discoverable and all other extant or later created or conceived of strict liability or strict liability-type claims and rights).

Appears in 1 contract

Samples: Asset Purchase Agreement (Paxson Communications Corp)

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