Purpose of this clause Clause Samples

Purpose of this clause. Each Shareholder: (a) acknowledges and agrees that the purpose of this clause 13 is to maintain the closely held nature of the Company by restricting the way in which Shareholders may Dispose of their Shares; and (b) must not enter into any arrangement, structuring device or other transaction which is designed, directly or indirectly, to avoid the provisions of this clause 13 or is otherwise inconsistent with the purpose of this clause 13. For the avoidance of doubt, nothing in this clause 13 shall require any consent or approval to be given by BTPS to any change in control (whether by share sale, sale of all or substantially all assets, merger or otherwise) of FII.

Purpose of this clause. The purpose of this clause is to shift to Customer for the entire term of this rental contract the risk of all claims related to the rented equipment. WARRANTY DISCLAIMER: Customer acknowledges that Accupoint is not the manufacturer of the rented equipment nor the agent of the manufacturer. THE PARTIES AGREE THAT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AS WELL AS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY TO THE EQUIPMENT RENTED UNDER THIS RENTAL CONTRACT. Customer is leasing the equipment AS IS and WITH ALL FAULTS. With respect to the condition or fitness for a particular use of the rented equipment, Customer has elected to rely exclusively on its own inspection of the equipment. This warranty disclaimer has been specifically negotiated by the parties in lieu of a higher price. MERGER CLAUSE: If Accupoint or its agents or employees have made any oral statements about the rented equipment, such statements shall not constitute warranties, are not part of the rental contract, shall not be relied upon by Customer, and shall not provide a basis for any misrepresentation claim against Accupoint. The entire agreement of the parties is set out on the rental contract.