Buyer Acknowledgment. 15.1 You acknowledge that:
Buyer Acknowledgment. Buyer acknowledges that the Raw Product delivered hereunder is hazardous and that Buyer is knowledgeable of (i) the hazards and risks associated with such Raw Product, and (ii) the handling, receipt, transportation, storage and use of such Raw Product.
Buyer Acknowledgment. In a typical real estate market, a buyer will usually include several contingencies with their offer such as financing, inspection, title, etc. A buyer will also typically have a statutory right of termination arising from receipt of a seller disclosure statement or resale certificate. These are just a few of the more commonly used contingencies that permit a buyer to terminate a contract and receive a refund of any xxxxxxx money. While removal of contingencies may be attractive to a seller and aid in the buyer’s offer being accepted in a multiple offer situation, buyers are advised to consider the risks they are taking by not including contingencies in their offer and waiving statutory termination rights. Xxxxxx are advised to consult an attorney prior to making an offer without typical contingencies. Buyer DATE Seller DATE
Buyer Acknowledgment. 29 1) Xxxxx has received copies of all records, reports and information listed above (if any);
Buyer Acknowledgment. Buyer acknowledges and agrees that any Claim or Warranty Claim by Buyer or Third Party Claim (as applicable) shall be subject to all of the following:
Buyer Acknowledgment. Buyer acknowledges that (1) it is acquiring the Transferred Assets on an as is, where is basis, (2) it shall, without investigation, objection or requisition accept such title as Seller has to the Transferred Assets, and (3) accordingly, save as expressly set out in this agreement, no representations, warranties or other assurances of any kind are given by or on behalf of Seller and on which Buyer may rely in entering into this Agreement and on other statement, promise or forecast made by or on behalf of Seller may form the basis of, or be pleaded in connection with, any claim by Buyer under or in connection with this Agreement.
Buyer Acknowledgment. Buyer acknowledges that Seller shall have the right to finance the SEFs with financing accommodations from a Financing Party and that Seller’s obligations will be secured by, among other collateral, a pledge or collateral assignment of this Master PPA and any Agreement and a first security interest in the SEFs. In order to facilitate such necessary financing, Xxxxx agrees as set forth below.
Buyer Acknowledgment. Buyer acknowledges that Owner may finance the System with financing accommodations from, or may otherwise seek financial accommodations or extensions of credit from, one or more Lenders, and may sell the System to a Lender in connection with that financing, and that Owner’s obligations may be secured by, among other collateral, a pledge or collateral assignment of this Agreement and a first security interest in the System. To facilitate such financing or extensions of credit, and with respect to any such Lender, of which Owner has notified Buyer in writing, Buyer agrees as set forth below in this Section 9.4.
Buyer Acknowledgment. Buyer acknowledges and agrees, on behalf of itself and each of its Affiliates, that (a) it is reasonable for Buyer to rely solely on the representations or warranties of Seller specifically contained in Article III; (b) none of Buyer or any of its Affiliates are affiliated with, related to, or have a fiduciary relationship with, Seller or any of its Affiliates; (c) except as expressly provided herein, no third party is entitled to rely on or is otherwise intended to be a beneficiary of any representation or warranty made by or on behalf of Seller in or pursuant to this Agreement, or any of the statements or information contained herein or in any Exhibit or Schedule hereto or otherwise furnished or made available to Buyer or any of its Representatives; (d) Seller has not made, and does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever (including by omission), whether express or implied, oral or written, past, present, or future, of, as to, concerning or with respect to (except as, and solely to the extent, specifically set forth in Article III): (i) the future or historical financial condition, results of operations, prospects, assets or liabilities of the Company; (ii) the nature, quality, merchantability or condition of the assets of the Company; or (iii) the suitability of the assets of the Company for any and all activities and uses that Buyer may, or may cause the Company to, conduct therewith or thereon. Except in instances of Fraud committed by Seller with respect to the representations and warranties set forth in Article III, none of Seller or any of its Affiliates or any of their Representatives shall have or be subject to any liability or obligation (indemnification or otherwise) to Buyer or any of its Affiliates resulting from (nor shall Buyer or any of its Affiliates have any claim with respect to) the distribution to Buyer or any of its Affiliates, or Buyer or any of its Affiliates’ use of, or reliance on, any information, documents, projections, forecasts or other material made available to Buyer or any of its Affiliates or any of their Representatives in the Virtual Data Room or presentations (including, for the avoidance of doubt, any confidential information presentations or other management presentations) in expectation of, or in connection with, the transactions contemplated by this Agreement or any of the other Transaction Doc...
Buyer Acknowledgment. Each Buyer acknowledges and agrees that (i) the Buyer fees associated with each bid submitted via the Digital Services are binding and thus due and payable to the Company in accordance with the Agreement, and (ii) Buyer is responsible for all applicable government fees and taxes for applicable vehicles listed via the Digital Services. If you decide to bid on a vehicle that has been listed by a Seller on the Digital Services, you acknowledge and agree that your bid constitutes the first non-binding step in expressing your interest to a Seller in the listed vehicle and does not in and of itself create a formal contract between you as the Buyer and such Seller. It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding transaction and enter into a formal contract. This contracting is outside of the scope of this Agreement and the Digital Services, neither of which binds the parties to each other. Buyer’s responsibility for any shipping or delivery fees shall be set forth in the formal agreement between the applicable Seller and Buyer. We do not inspect any vehicles or any other goods that a Seller lists on the Digital Services. You acknowledge and agree that the Company bears no risk associated with purchasing a vehicle from a Seller listed via the Digital Services. In certain circumstances, following the close of an auction, if no bid has met the Seller’s Reserve, the Company may (in its sole discretion) offer to pay Seller a separate amount to make up the difference between the Reserve and the highest bid (the “Make Whole Amount”); provided, that if the Company provides such Make Whole Amount to Seller in connection with the foregoing, Seller hereby agrees to return to the Company the Make Whole Amount if following such payment, such Seller’s vehicle is not sold to such highest bidder within 30 days. SELLER ACKNOWLEDGES AND AGREES THAT THE OFFERING OR PROVISION OF SUCH MAKE WHOLE AMOUNT BY THE COMPANY TO SELLER IS AN INDEPENDENT TRANSACTION AND DOES NOT IN ANY WAY MAKE THE COMPANY A PARTY TO SALE OF THE SELLER’S APPLICABLE VEHICLE OR OTHER TRANSACTION BETWEEN THE SELLER AND THE BUYER.
