Common use of Acknowledgments and Representations Clause in Contracts

Acknowledgments and Representations. SBMS and AGENT acknowledge that they have read this Agreement and understand and accept the terms, conditions and covenants contained herein as being reasonably necessary to maintain SBMS' high standards for CRS and other Services, thereby to protect and preserve the goodwill of SBMS' CRS, Services and its Marks. AGENT has read and understands the obligations imposed by the FCC upon CRS licensees and their duties to SBMS as specified in Section 22.9l2 of the FCC's cellular rules. AGENT acknowledges that SBMS' ability to provide CRS and other Services is conditioned upon the continuing validity of its FCC operating license(s) and any other required licenses, certificates and permits, and may be affected by state and federal court decisions and regulatory approvals. SBMS makes no representation concerning whether said licenses, certificates, and permits will continue to be valid. AGENT agrees that if SBMS is prohibited from, or otherwise ceases selling an Authorized Service in the Area, SBMS may declare this Agreement null and void as to any or all Authorized Services with no penalty. AGENT acknowledges that it has conducted an independent investigation of the business of selling CRS and any other Services that it will conduct pursuant to this Agreement. AGENT recognizes that entry into business as an AGENT of SBMS involves business risks and the AGENT'S success in such business will depend primarily upon its abilities and efforts. SBMS expressly disclaims the making of, and AGENT acknowledges that it has not received or relied upon, any guaranty, express or implied, as to the amount of commissions or other gross revenue that it may earn as a result of its agency relationship with SBMS and acknowledges that it has no knowledge of any representations relating to its agency relationship with SBMS by an officer, employee or agent of SBMS that are contrary to the terms herein. AGENT represents to SBMS, as an inducement to its entry into this Agreement, that AGENT has made no misrepresentations to SBMS in its application for appointment as a nonexclusive, Authorized Agent of SBMS or in any other manner. AGENT and SBMS mutually agree that they shall not have any liability to the other for any lost profits, consequential, or special damages even if advised of the possibility of such damages.

Acknowledgments and Representations. SBMS and AGENT acknowledge FRANCHISEE acknowledges that they have he (or its owners) has read this Agreement and understand COMPANY's Franchise Offering Circular and accept that he (or its owners) understands and accepts the terms, conditions and covenants contained herein in this Agreement as being reasonably necessary to maintain SBMS' COMPANY's high standards for CRS of quality and other Services, thereby service and the uniformity of those standards at all TREATS Stores in order to protect and preserve the goodwill of SBMS' CRS, Services and its the Marks. AGENT has read and understands the obligations imposed by the FCC upon CRS licensees and their duties to SBMS as specified in Section 22.9l2 of the FCC's cellular rules. AGENT FRANCHISEE acknowledges that SBMS' ability to provide CRS and other Services is conditioned upon the continuing validity of he (or its FCC operating license(sowners) and any other required licenses, certificates and permits, and may be affected by state and federal court decisions and regulatory approvals. SBMS makes no representation concerning whether said licenses, certificates, and permits will continue to be valid. AGENT agrees that if SBMS is prohibited from, or otherwise ceases selling an Authorized Service in the Area, SBMS may declare this Agreement null and void as to any or all Authorized Services with no penalty. AGENT acknowledges that it has conducted an independent investigation of the business of selling CRS contemplated by this Agreement and recognizes that, like any other Services business, the nature of the business conducted by TREATS Stores may evolve and change over time, that it will conduct pursuant to this Agreement. AGENT recognizes that entry into business as an AGENT of SBMS investment in a TREATS Store involves business risks and that the AGENT'S success in such of the venture is largely dependent upon the business will depend primarily upon its abilities and effortsefforts of FRANCHISEE. SBMS COMPANY expressly disclaims the making of, and AGENT FRANCHISEE acknowledges that it he (or its owners) has not received or relied upon, any warranty or guaranty, express or implied, as to the amount revenues, profits, or success of commissions or other gross revenue that it may earn as a result of its agency relationship with SBMS and the business venture contemplated by this Agreement. FRANCHISEE acknowledges that it he (or its owners) has no knowledge of not received or relied on any representations of COMPANY, or its officers, directors, employees or agents, relating to its agency relationship with SBMS the business venture contemplated by an officerthis Agreement, employee or agent of SBMS that are contrary inconsistent with the statements made in COMPANY's Franchise Offering Circular or to the terms herein. AGENT FRANCHISEE further represents to SBMSCOMPANY, as an inducement to its entry into this Agreement, that AGENT FRANCHISEE has made no misrepresentations in obtaining the franchise granted under this Agreement. FRANCHISEE has applied for a franchise to SBMS own and operate a TREATS Store at the location specified hereinbelow, and such application has been approved by COMPANY in its application for appointment as a nonexclusive, Authorized Agent of SBMS or reliance upon all the representations made in any other manner. AGENT and SBMS mutually agree that they shall not have any liability to the other for any lost profits, consequential, or special damages even if advised of the possibility of such damagesapplication.

Acknowledgments and Representations. SBMS and AGENT acknowledge Franchisee acknowledges that they have he has read this Agreement and understand that he understands and accept accepts the terms, conditions and covenants contained herein in this Agreement as being reasonably necessary to maintain SBMS' Pretzel Time's high quality and service and the uniformity of those standards for CRS at all Pretzel Time Units and other Services, thereby to protect and preserve the goodwill of SBMS' CRS, Services and its the Marks. AGENT has read Pretzel Time disclaims and understands the obligations imposed by the FCC upon CRS licensees and their duties to SBMS as specified in Section 22.9l2 of the FCC's cellular rules. AGENT Franchisee acknowledges that SBMS' ability to provide CRS and other Services is conditioned upon the continuing validity of its FCC operating license(s) and any other required licenses, certificates and permits, and may be affected by state and federal court decisions and regulatory approvals. SBMS makes no representation concerning whether said licenses, certificates, and permits will continue to be valid. AGENT agrees that if SBMS is prohibited from, or otherwise ceases selling an Authorized Service in the Area, SBMS may declare this Agreement null and void as to any or all Authorized Services with no penalty. AGENT acknowledges that it has conducted an independent investigation of the business of selling CRS and any other Services that it will conduct pursuant to this Agreement. AGENT recognizes that entry into business as an AGENT of SBMS involves business risks and the AGENT'S success in such business will depend primarily upon its abilities and efforts. SBMS expressly disclaims the making of, and AGENT acknowledges that it he has not received or relied uponupon any representations, any guarantypromises, express guarantees or warranties, expressed or implied, as made to induce the amount execution hereof or in connection herewith which is not expressly contained herein or in the disclosure statement. More specifically, Franchisee acknowledges and agrees that no person acting on behalf of commissions Pretzel Time or other gross revenue that it may earn as a result of its agency relationship with SBMS and acknowledges that it affiliated companies has no knowledge made any written or oral claim, statement, assurance, promise or projection of any representations relating to its agency relationship sort regarding the actual or prospective sales, earnings, gross profit or net profit of the franchise, which is the subject of this agreement. Franchisee acknowledges and agrees that Pretzel Time's officers, directors, employees and agents act only in a representative and not in a personal capacity in connection with SBMS by an officer, employee or agent any of SBMS their dealings with Franchisee. Franchisee recognizes that are contrary to neither Pretzel Time nor any other person can guarantee Franchisee's success in the terms hereinfranchised business. AGENT Franchisee further represents to SBMSPretzel Time, as an inducement to its entry into this Agreement, that AGENT all statements in Franchisee's application for the Franchise are accurate and complete and that Franchisee has made no misrepresentations to SBMS or material omissions in its application for appointment as a nonexclusive, Authorized Agent of SBMS or in any other manner. AGENT and SBMS mutually agree that they shall not have any liability to obtaining the other for any lost profits, consequential, or special damages even if advised of the possibility of such damagesfranchise.