Disclaimer and Waiver. We acknowledge that neither you nor any of your representatives make or have made any representations or warranties regarding the accuracy or completeness of the Property Information.
Disclaimer and Waiver. EXCEPT AS SET FORTH IN THIS AGREEMENT, SELLER DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, AND BUYER EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATION OR WARRANTIES, AS TO THE ACCURACY OR COMPLETENESS OF ANY FILE AND/OR OTHER INFORMATION, INCLUDING, PRINTOUTS, EXTRAPOLATIONS, PROJECTIONS, DOCUMENTATION, MAPS, GRAPHS, CHARTS, OR TABLES WHICH REFLECT, DEPICT, PRESENT, PORTRAY, OR WHICH ARE BASED UPON OR DERIVED FROM ANY SUCH INFORMATION AND/OR FILES, INCLUDING MATTERS OF GEOLOGICAL, GEOPHYSICAL, ENGINEERING, OR OTHER SCIENTIFIC INFORMATION THAT MAY BE PROVIDED TO BUYER BY SELLER OR BY OTHERS ON BEHALF OF SELLER. BUYER EXPRESSLY AGREES THAT ANY CONCLUSIONS DRAWN FROM REVIEW OF SUCH INFORMATION AND/OR FILES SHALL BE THE RESULT OF ITS OWN INDEPENDENT REVIEW AND JUDGMENT.
Disclaimer and Waiver. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PROSPECTIVE REVENUE, INVESTMENT, PROFITS OR ANTICIPATED SALES OR ON ACCOUNT OF EXPENDITURES, INVESTMENTS, LEASES OR COMMITMENTS IN CONNECTION WITH THE BUSINESS OR GOODWILL OF SECURITIZE OR ISSUER BECAUSE OF TERMINATION OR EXPIRATION OF THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS.
Disclaimer and Waiver. In order to prevent mold growth in a home it is entirely up to the homeowner to properly manage and maintain the home. The responsibility of a builder is limited to things that can be controlled during construction. The builder cannot eliminate the possibility that mold and other fungi may grow in your home after construction is completed. Buyer agrees that Seller shall not be liable for any damages caused by mold, or by some other fungus or agent, that may be associated with alleged defects in construction, including but not limited to property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, adverse health effects, or any other effects. The Limited Warranty does not apply to the prevention of mold or other fungal growth. Buyer hereby waives all claims and causes of action against Seller in connection with mold or other fungal growth, and any damages related thereto.
Disclaimer and Waiver. THE BUYER EXPRESSLY AGREES AND ACKNOWLEDGES THAT SAVE ONLY AS EXPRESSLY PROVIDED IN CLAUSE 2.2.7 OF THIS AGREEMENT, NO CONDITION, WARRANTY OR REPRESENTATION OF ANY KIND IS OR HAS BEEN GIVEN BY OR ON BEHALF OF THE SELLER OR ANY SELLER INDEMNITEE IN RESPECT OF THE AIRCRAFT OR ANY PART THEREOF. THE BUYER UNCONDITIONALLY AGREES THAT THE AIRCRAFT AND EACH PART THEREOF IS TO BE SOLD AND PURCHASED IN AN "AS IS, WHERE IS" CONDITION WITH ALL FAULTS (WHETHER OR NOT DISCOVERABLE BY INSPECTION), AND ACCORDINGLY THE BUYER CONFIRMS THAT IT HAS NOT, IN ENTERING INTO THIS AGREEMENT, RELIED ON ANY CONDITION, WARRANTY OR REPRESENTATION BY THE SELLER OR ANY SELLER INDEMNITEE OR ANY PERSON ON THEIR BEHALF EXPRESS OR IMPLIED, WHETHER ARISING BY LAW OR OTHERWISE IN RELATION TO THE AIRCRAFT OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR REPRESENTATIONS AS TO THE DESCRIPTION, AIRWORTHINESS, SUITABILITY, QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, VALUE, STATE, CONDITION, APPEARANCE, SAFETY, DURABILITY, DESIGN OR OPERATION OF ANY KIND OR NATURE OF THE AIRCRAFT OR ANY PART THEREOF, AND THE BENEFIT OF ANY SUCH CONDITION, WARRANTY OR REPRESENTATION BY THE SELLER AND ANY SELLER INDEMNITEE IS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVED BY THE BUYER TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THE BUYER HEREBY ALSO IRREVOCABLY WAIVES ANY RIGHTS WHICH IT MAY HAVE IN TORT IN RESPECT OF ANY OF THE MATTERS REFERRED TO ABOVE AND IRREVOCABLY AGREES THAT NEITHER THE SELLER NOR ANY SELLER INDEMNITEE SHALL HAVE ANY GREATER LIABILITY IN TORT IN RESPECT OF ANY SUCH MATTER THAN IT WOULD HAVE IN CONTRACT AFTER TAKING ACCOUNT OF ALL OF THE FOREGOING EXCLUSIONS. NO THIRD PARTY MAKING ANY REPRESENTATION OR WARRANTY RELATING TO THE AIRCRAFT OR ANY PART THEREOF IS THE AGENT OF THE SELLER NOR HAS ANY SUCH THIRD PARTY AUTHORITY TO BIND THE SELLER OR ANY SELLER INDEMNITEE THEREBY. NOTWITHSTANDING ANYTHING CONTAINED ABOVE, NOTHING CONTAINED HEREIN IS INTENDED TO OBVIATE, REMOVE OR WAIVE ANY RIGHTS OF WARRANTY OR OTHER CLAIMS RELATING THERETO WHICH THE BUYER, THE SELLER OR ANY SELLER INDEMNITEE MAY HAVE AGAINST THE AIRFRAME MANUFACTURER OR THE ENGINE MANUFACTURER OR THE SUPPLIER OF ANY PART OR ANY OTHER THIRD PARTY. LESSEES AND THE LEASES THE BUYER ACKNOWLEDGES THAT IT HAS BEEN AND WILL BE SOLELY RESPONSIBLE FOR MAKING ITS OWN INDEPENDENT INVESTIGATION AND APPRAISAL OF THE OPERATIONS, FINANCIAL CONDITION, CREDITWORTHINESS, STATUS AND AFFAIRS OF THE LESSEE, ...
Disclaimer and Waiver. As you can see from the discussion above, whether or not you as a homeowner experience mold growth in your Home depends largely on how you manage and maintain your Home. Meritage’s responsibility as a homebuilder must be limited to things that it can control. As explained in the Warranty Agreement, Meritage will repair or replace defects in the construction of the Home as and to the extent provided in the Warranty Agreement. Meritage will not be responsible, however, for any damages caused by mold or by some other cause, including, without limitation, property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health effects. To the fullest extent permitted by law and except as provided in the Warranty Agreement, all other warranties, express or implied, including, but not limited to, any implied warranty of condition, good and workmanlike manner, habitability, merchantability, or fitness for a particular purpose, are hereby expressly disclaimed and negated. BY SIGNING BELOW YOU CERTIFY THAT YOU HAVE READ AND FULLY UNDERSTAND THE INFORMATION, DISCLOSURES, DISCLAIMERS AND WAIVERS CONTAINED IN THIS SCHEDULE. THIS SCHEDULE CONTAINS INFORMATION AND WAIVERS THAT HAVE A LEGAL IMPACT ON THE PURCHASE OF YOUR HOME. 7/20/2019 Xxxxxx Dash Date MERITAGE HOMES NEW HOME PURCHASE AGREEMENT SCHEDULE 3 Homebuyer Disclosure Meritage wants each of its buyers to be satisfied customers. Accordingly, Meritage offers the basic disclosures set forth in this Schedule as a service and protection for Buyer, which disclosures are in addition to any disclosures otherwise made in the Contract, any recorded instrument applicable to the Home, pursuant to applicable law, and/or otherwise in writing with respect to the Community. Meritage has no control over much of the information covered in these basic disclosures, and information is subject to change without notice. Accordingly, Buyer has been encouraged to verify the information contained below through independent means by contacting the individuals, agencies, or firms identified for the most up-to-date information and undertaking such other investigations as Buyer deems necessary or desirable. In addition, because individual sensitivities may vary with respect to conditions at or nearby the Community, Buyer has been urged to investigate the area surrounding the Community to appreciate and/or assess nearby conditions and/or nuisances.
Disclaimer and Waiver. The District makes no guarantees about the quality of the services provided and is not responsible for any claims, losses, damages, costs, or other obligations arising from use of its network, computers or accounts. Any additional charges a user accrues due to the use of the District’s computers or network are to be borne by the user; the user hereby waives any and all claims against the District and further agrees to indemnify and defend the District for and against any claims arising out of the use of the District’s network, computers or accounts. The District is not responsible for the accuracy or quality of any information obtained through user access. Any statement, accessible on the computer network or the Internet, is understood to be the author's individual point of view and not that of the District, its affiliates, or employees. I have read, understand, and agree to abide by the provisions of the Acceptable Use Policy of the Pajaro Valley Unified School District Site: Employee Name: Last four digits of SSN Employee Job Title: Please check appropriate box: □CERTIFICATED □CLASSIFIED Employee Signature: Date: Please return this form to the Human Resources Department where it will be kept on file.
Disclaimer and Waiver. The District makes no guarantees about the quality of the services provided and is not responsible for any claims, losses, damages, costs, or other obligations arising from use of its network, computers, or accounts. Any additional charges a user accrues due to the use of the District’s computers or network are to be borne by the user; the user hereby waives any and all claims against the District and further agrees to indemnify and defend the District for and against any claims arising out of the use of the District’s network, computers or accounts. The District is not responsible for the accuracy or quality of any information obtained through user access. Any statement, accessible on the computer network or the Internet, is understood to be the author's individual point of view and not that of the District, its affiliates, or employees. Students and their parent/guardian agree not to hold the District or any District staff responsible for the failure of any technology protection measures, violations of copyright restrictions, or user’s mistakes or negligence.
Disclaimer and Waiver. LESSOR, OWNER PARTICIPANT AND LESSEE AGREE THAT THE DISCLAIMERS, WAIVERS AND CONFIRMATIONS SET OUT IN SECTIONS 4.2 TO 4.4 BELOW SHALL APPLY AT ALL TIMES DURING THE LEASE TERM. LESSEE’S ACCEPTANCE OF THE AIRCRAFT IN ACCORDANCE WITH SECTION 2.5 SHALL BE CONCLUSIVE EVIDENCE THAT LESSEE HAS FULLY INSPECTED THE AIRCRAFT, THE ENGINES AND EVERY PART THEREOF AND THAT THE AIRCRAFT, THE ENGINES, THE PARTS AND TECHNICAL RECORDS ARE TECHNICALLY ACCEPTABLE TO LESSEE AND ARE IN SUITABLE CONDITION FOR DELIVERY TO AND ACCEPTANCE BY LESSEE EXCEPT AS CONTEMPLATED BY SECTION 2.5(b).
Disclaimer and Waiver. THISCO SHALL NOT BE RESPONSIBLE OR LIABLE FOR (i) ANY INACCURACIES OR FALSIFICATIONS IN THE DATA OR THE INFORMATION PROCESSED VIA ULTRADIRECT (ii) NOR SHALL IT HAVE ANY LIABILITY FOR ANY ACT OR FAILURE TO ACT WITH RESPECT TO THE SERVICES TO BE PROVIDED AS SET FORTH HEREIN, EXCEPT FOR BREACH OF THIS AGREEMENT, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (iii) ANY CLAIM, DAMAGE OR LIABILITY OF ANY NATURE ARISING OUT OF AN ACCESSOR'S USE OF PARTICIPANT'S SYSTEM (INCLUDING ULTRADIRECT). 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.
