Breach of Representations. In entering into this Agreement, Consultant acknowledges that County is materially relying on the representations, warranties, and certifications of Consultant stated in this article. County shall be entitled to recover any damages it incurs to the extent any such representation or warranty is untrue. In addition, if any such representation, warranty, or certification is false, County shall have the right, at its sole discretion, to terminate this Agreement without any further liability to Consultant, to deduct from the compensation due Consultant under this Agreement the full amount of any value paid in violation of a representation or warranty, and to recover all sums paid to Consultant under this Agreement. Furthermore, a false representation may result in debarment from County’s procurement activities.
Breach of Representations. City and Developer agree that, following the Closing, each shall be liable for the direct, but not consequential or punitive, damages resulting from any breach of its representations and warranties expressly set forth in Article 7 hereof; provided, however, that: (i) the total liability of City for all such breaches and any matters relating thereto or under any law applicable to the Property or this transaction shall not, in the aggregate, exceed Two Hundred Thousand Dollars ($200,000.00) (the “Claim Cap”); (ii) the total liability of Developer for all such breaches and any matters relating thereto or under any law applicable to the Property or this transaction shall not, in the aggregate, exceed the Claim Cap; (iii) such representations and warranties are personal to City and Developer and may not be assigned to or enforced by any other Person, other than to an assignee of Developer in accordance with Section 11.3; and (iv) the representations and warranties of City set forth in this Agreement or in any document or certificate delivered by City in connection herewith shall survive the Closing for a period of one hundred eighty (180) days, and no action or proceeding thereon shall be valid or enforceable, at law or in equity, if a legal proceeding is not commenced within that time. Notwithstanding the foregoing, however, if the Closing occurs, Developer hereby expressly waives, relinquishes and releases any right or remedy available to it at law, in equity, under this Agreement or otherwise to make a claim against City for damages that Developer may incur, or to rescind this Agreement and the transactions contemplated hereby, as the result of any of City’s representations or warranties in this Agreement or any document executed by City in connection herewith being untrue, inaccurate or incorrect if Developer knew that such representation or warranty was untrue, inaccurate or incorrect at the time of the Closing. Developer agrees to first seek recovery under any insurance policies prior to seeking recovery from City, and City shall not be liable to Developer if Developer’s claim is satisfied from such sources. Developer further agrees that, following the Closing, no claim may or shall be made for any alleged breach of any representations or warranties made by City under or relating to this Agreement unless the total amount of such claim or claims exceeds Twenty Five Thousand Dollars ($25,000.00) (in which event the full amount of such valid claims against C...
Breach of Representations. Any representation or warranty made or deemed made by any Credit Party (or any of its officers) under or in connection with any Credit Document shall prove to have been incorrect in any material respect when made or deemed made;
Breach of Representations. Contractor acknowledges that County is materially relying on the representations, warranties, and certifications of Contractor stated in this article, and County shall be entitled to exercise any or all of the following remedies if any such representation, warranty, or certification is untrue: (a) recovery of damages incurred; (b) termination of this Agreement without any further liability to Contractor; (c) set off from any amounts due Contractor the full amount of any damage incurred; and (d) debarment of Contractor.
Breach of Representations. Consultant acknowledges that County is materially relying on the representations, warranties, and certifications of Consultant stated in this article, and County shall be entitled to exercise any or all of the following remedies if any such representation, warranty, or certification is untrue: (a) recovery of damages incurred; (b) termination of this Agreement without any further liability to Consultant; (c) set off from any amounts due Consultant the full amount of any damage incurred; and (d) debarment of Consultant.
Breach of Representations. The representations and warranties of the Borrower set forth in Section 4 or in the Security Agreement shall, individually or in the aggregate, have been untrue or inaccurate in any material respect when made.
Breach of Representations. In entering into this Agreement, Recipient acknowledges that County is materially relying on the representations and warranties of Recipient stated in this article. County is entitled to recover any damages it incurs to the extent any such representation or warranty is untrue. In addition, if any such representation or warranty is false, County has the right, at its sole discretion, to terminate this Agreement without any further liability to Recipient, to deduct from the compensation due to Recipient under this Agreement the full amount of any value paid in violation of a representation or warranty, or to recover all sums paid to Recipient under this Agreement. Furthermore, a false representation may result in debarment from County’s Cultural incentives (grants) programs.
Breach of Representations. County materially relies on the representations of Xxxxxx stated in this article in entering into this Agreement. County shall be entitled to recover any damages it incurs to the extent any such representation is false. In addition, if any such representation is false, County shall have the right, at its sole discretion, to terminate this Agreement without any further liability to Lessee, to deduct from the compensation due Lessee under this Agreement the full amount of any value paid in violation of a representation, or to recover all sums paid to Lessee under this Agreement.
Breach of Representations. In entering into this Contract, Contractor acknowledges that County is materially relying on the representations, warranties, and certifications of Contractor stated in this article. County shall be entitled to recover any damages it incurs to the extent any such representation or warranty is untrue. In addition, if any such representation, warranty, or certification is false, County shall have the right, at its sole discretion, to terminate this Contract without any further liability to Contractor, to deduct from any amounts due Contractor under this Contract the full amount of any value paid in violation of a representation or warranty, and to recover all sums paid to Contractor under this Contract. Furthermore, a false representation may result in debarment from County’s procurement activities.
Breach of Representations. In entering into this Agreement, City acknowledges that County is materially relying on the representations and warranties of City stated in this article. County shall be entitled to recover any damages it incurs to the extent any such representation or warranty is untrue. In addition, if any such representation or warranty is false, County shall have the right, at its sole discretion, to terminate this Agreement without any further liability to City, to deduct from CDBG Funds due to City under this Agreement the full amount of any value paid in violation of a representation or warranty, or to recover all CDBG Funds paid to City under this Agreement.
