Common use of Disclaimer of Representations and Warranties Clause in Contracts

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Universal Terms of Service Agreement

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Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". MCOHOSTINGCOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENTNONINFRINGEMENT. MCOHOSTINGCOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) I THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) II THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) OTHERWISE TO THIS SITE, AND/OR (III) III THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) OTHERWISE TO THIS SITE, AND MCOHOSTING COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTINGCOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES)AGENTS, AND THIRD-PARTY THIRDPARTY SERVICE PROVIDERS WILL (I) I CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) II CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE PRODUCT SHALL BE AT BEAT YOUR OWN RISK RISK, AND THAT THIS SITE THE PRODUCT IS PROVIDED AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “SHALL PERFORM SUBSTANTIALLY IN COMPLIANCE WITH ALL FAULTS”ITS DOCUMENTATION. MCOHOSTINGFULL SAIL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTSREPRESENTATIVES, AND ALL THIRD-PARTY SERVICE PROVIDERS AGENTS HEREBY DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTY ARISING FROM ANYDESCRIPTION OR SPECIFICATION PROVIDED FOR THE PRODUCT (SAVE AND EXCEPT FOR THE DOCUMENTATION), OR ANY SAMPLE OR MODEL PRESENTED TO YOU OR YOUR REPRESENTATIVES, AND ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SYSTEMSINTEGRATION, ACCURACY, RESULTS OR OUTPUT (SAVE AND NON- INFRINGEMENT. MCOHOSTINGEXCEPT AS SET OUT IN THE DOCUMENTATION).FULL SAIL, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITETHE PRODUCT, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) SITESLINKED TO THIS SITETHE PRODUCT, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.OR

Appears in 1 contract

Samples: Subscriber Terms and Conditions

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE THE LESSEE ACKNOWLEDGES AND AGREE AGREES THAT YOUR USE (i) THE AIRFRAME AND EACH ENGINE IS OF THIS SITE A SIZE, DESIGN, AND CAPACITY AND MANUFACTURE SELECTED BY AND ACCEPTABLE TO THE SERVICES FOUND AT THIS SITE LESSEE, (ii) THE LESSEE IS SATISFIED THAT THE AIRFRAME AND EACH ENGINE IS SUITABLE FOR ITS PURPOSES, (iii) NEITHER OF THE OWNER PARTICIPANTS NOR THE LESSOR IS A MANUFACTURER OR A DEALER IN PROPERTY OF SUCH KIND AND (iv) THE AIRFRAME AND EACH ENGINE IS LEASED HEREUNDER SUBJECT TO ALL APPLICABLE LAWS AND GOVERNMENTAL REGULATIONS, NOW IN EFFECT OR HEREAFTER ADOPTED, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY THE LESSOR (IN ITS INDIVIDUAL CAPACITY OR AS OWNER TRUSTEE), THE INDENTURE TRUSTEE, THE OWNER PARTICIPANTS OR ANY HOLDER. THE LESSOR LEASES THE AIRFRAME AND EACH ENGINE, AS-IS, WHERE-IS, AND NEITHER THE LESSOR (IN ITS INDIVIDUAL CAPACITY OR AS OWNER TRUSTEE), THE INDENTURE TRUSTEE, THE OWNER PARTICIPANTS NOR ANY HOLDER MAKES, HAS MADE OR SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTSDEEMED TO HAVE MADE, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIESEACH HAS AND WILL HAVE BEEN DEEMED TO HAVE EXPRESSLY DISCLAIMED, STATUTORY, ANY WARRANTY OR REPRESENTATION EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF AS TO (A) THE TITLE, MERCHANTABILITYAIRWORTHINESS, WORKMANSHIP, CONDITION, VALUE, FITNESS FOR A ANY PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTINGUSE OR PURPOSE, ITS OFFICERSDESIGN, DIRECTORSOPERATION OR MERCHANTABILITY OF THE AIRFRAME, EMPLOYEESEACH ENGINE OR ANY PART THEREOF, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IB) THE ACCURACYABSENCE OF LATENT OR OTHER DEFECTS, COMPLETENESS, WHETHER OR CONTENT OF THIS SITENOT DISCOVERABLE, (IIC) THE ACCURACY, COMPLETENESS, OR CONTENT ABSENCE OF ANY SITES LINKED INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, (THROUGH HYPERLINKSD) THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, BANNER ADVERTISING (E) THE LESSOR'S TITLE THERETO, (F) THE LESSEE'S OR OTHERWISEANY SUBLESSEE'S RIGHT TO THE QUIET ENJOYMENT THEREOF (EXCEPT AS PROVIDED IN ARTICLE 18 HEREOF) TO THIS SITE, AND/OR (IIIG) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMEOTHER MATTER WHATSOEVER. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE IT IS AGREED THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY ALL RISKS INCIDENT TO THE FULLEST EXTENT PERMITTED MATTERS DISCUSSED IN THE PRECEDING SENTENCE, AS AMONG THE LESSOR, THE INDENTURE TRUSTEE, THE OWNER PARTICIPANTS AND THE LESSEE, ARE TO BE BORNE BY LAW, AND shall survive any termination or expiration THE LESSEE. The provisions of this Agreement Section 5.01 have been negotiated by the Lessor and the Lessee and, except as provided in Article 7 of the Participation Agreement, are intended to be a complete exclusion and negation of any representations or your use warranties of this Site the Lessor, the Indenture Trustee and the Owner Participants, express or implied, with respect to the Services found at this SiteAirframe and each Engine that may arise pursuant to any law now or hereafter in effect, or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Federal Express Corp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY THE PARTIES ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THAT, BECAUSE TRANSUNION DIRECT IS ACCESSED VIA THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”INTERNET WHICH IS AN OPEN NETWORK, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTINGNEITHER, TRANSUNION NOR ITS OFFICERSSUPPLIERS, DIRECTORS, EMPLOYEES, AGENTSCONTRACTORS, AND VENDORS, OF ANY TIER, MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO TRANSUNION DIRECT; WITH RESPECT TO ANY AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIESDOCUMENTS AND/OR OTHER MATERIALS PROVIDED TO SUBSCRIBER UNDER THIS ADDENDUM; WITH RESPECT TO LOSS OR CORRUPTION OF DATA; LOSS OF, STATUTORYOR DAMAGE TO, EQUIPMENT AND/OR SOFTWARE; SYSTEM RESPONSE TIMES, ACCESS DELAYS OR ACCESS INTERRUPTIONS; NOR COMPUTER VIRUSES, WHETHER EXPRESS OR IMPLIEDIMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, IN NO EVENT SHALL TRANSUNION NOR ITS SUPPLIERS, CONTRACTORS, AND VENDORS, OF ANY TIER, BE HELD LIABLE IN ANY MANNER WHATSOEVER FOR ANY LOSS OR INJURY TO SUBSCRIBER, ARISING OUT OF OR FROM THIS ADDENDUM INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES INCURRED BY SUBSCRIBER REGARDLESS OF TITLETHE THEORY UPON WHICH SUCH DAMAGES ARE BASED AND EVEN IF TRANSUNION OR ITS SUPPLIERS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEESCONTRACTORS, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACYVENDORS, COMPLETENESSOF ANY TIER, OR CONTENT ANY ONE OR MORE OF THIS SITETHE FOREGOING PARTIES, (II) HAS BEEN ADVISED OF THE ACCURACY, COMPLETENESS, OR CONTENT POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY SITES LINKED (THROUGH HYPERLINKSLIMITED REMEDY. Subscriber shall have the right, BANNER ADVERTISING OR OTHERWISE) TO THIS SITEand is encouraged by TransUnion, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRDto maintain any other type of TransUnion-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive authorized connection to TransUnion for use in conjunction with the TransUnion Services and any termination other TransUnion services or expiration of this Agreement services that Subscriber has purchased or your use of this Site or the Services found at this Sitelicensed from TransUnion and which are not accessible via TransUnion Direct.

Appears in 1 contract

Samples: Loan Program Agreement (First Marblehead Corp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE THE LESSEE ACKNOWLEDGES AND AGREE AGREES THAT YOUR USE (i) THE AIRFRAME AND EACH ENGINE IS OF THIS SITE A SIZE, DESIGN, AND CAPACITY AND MANUFACTURE SELECTED BY AND ACCEPTABLE TO THE SERVICES FOUND AT THIS SITE LESSEE, (ii) THE LESSEE IS SATISFIED THAT THE AIRFRAME AND EACH ENGINE IS SUITABLE FOR ITS PURPOSES, (iii) NEITHER THE OWNER PARTICIPANT NOR THE LESSOR IS A MANUFACTURER OR A DEALER IN PROPERTY OF SUCH KIND AND (iv) THE AIRFRAME AND EACH ENGINE IS LEASED HEREUNDER SUBJECT TO ALL APPLICABLE LAWS AND GOVERNMENTAL REGULATIONS, NOW IN EFFECT OR HEREAFTER ADOPTED, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY THE LESSOR (IN ITS INDIVIDUAL CAPACITY OR AS OWNER TRUSTEE), THE INDENTURE TRUSTEE, THE OWNER PARTICIPANT OR ANY HOLDER. THE LESSOR LEASES THE AIRFRAME AND EACH ENGINE, AS-IS, WHERE-IS, AND NEITHER THE LESSOR (IN ITS INDIVIDUAL CAPACITY OR AS OWNER TRUSTEE), THE INDENTURE TRUSTEE, THE OWNER PARTICIPANT NOR ANY HOLDER MAKES, HAS MADE OR SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTSDEEMED TO HAVE MADE, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIESEACH HAS AND WILL HAVE BEEN DEEMED TO HAVE EXPRESSLY DISCLAIMED, STATUTORYANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF AS TO (A) THE TITLE, MERCHANTABILITYAIRWORTHINESS, WORKMANSHIP, CONDITION, VALUE, FITNESS FOR A ANY PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTINGUSE OR PURPOSE, ITS OFFICERSDESIGN, DIRECTORSOPERATION OR MERCHANTABILITY OF THE AIRFRAME, EMPLOYEESEACH ENGINE OR ANY PART THEREOF, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IB) THE ACCURACYABSENCE OF LATENT OR OTHER DEFECTS, COMPLETENESS, WHETHER OR CONTENT OF THIS SITENOT DISCOVERABLE, (IIC) THE ACCURACY, COMPLETENESS, OR CONTENT ABSENCE OF ANY SITES LINKED INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, (THROUGH HYPERLINKSD) THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, BANNER ADVERTISING (E) THE LESSOR'S TITLE THERETO, (F) THE LESSEE'S OR OTHERWISEANY SUBLESSEE'S RIGHT TO THE QUIET ENJOYMENT THEREOF (EXCEPT AS PROVIDED IN ARTICLE 18 HEREOF) TO THIS SITE, AND/OR (IIIG) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMEOTHER MATTER WHATSOEVER. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE IT IS AGREED THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY ALL RISKS INCIDENT TO THE FULLEST EXTENT PERMITTED MATTERS DISCUSSED IN THE PRECEDING SENTENCE, AS AMONG THE LESSOR, THE INDENTURE TRUSTEE, THE OWNER PARTICIPANT AND THE LESSEE, ARE TO BE BORNE BY LAW, AND shall survive any termination or expiration THE LESSEE. The provisions of this Agreement Section 5.01 have been negotiated by the Lessor and the Lessee and, except as provided in Article 7 of the Participation Agreement, are intended to be a complete exclusion and negation of any representations or your use warranties of this Site the Lessor, the Indenture Trustee and the Owner Participant, express or implied, with respect to the Services found at this SiteAirframe and each Engine that may arise pursuant to any law now or hereafter in effect, or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Federal Express Corp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND 9.01 NO WARRANTY OR REPRESENTATION BY SELLER: THE SERVICES FOUND AT THIS SITE TRANSACTION CONTEMPLATED HEREBY SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”WITHOUT ANY EXPRESS, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHER WARRANTY OR REPRESENTATION AS TO THE EXHIBIT 10.20 CONDITION, BUT NOT LIMITED TOQUANTITY, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITYQUALITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM REDHIBITORY VICES OR DEFECTS, CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE AND NON- INFRINGEMENTWITHOUT ANY OTHER EXPRESS, IMPLIED STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. MCOHOSTINGPURCHASER SHALL HAVE INSPECTED OR WAIVED ITS RIGHT TO INSPECT THE INTERESTS FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, ITS OFFICERSBOTH SURFACE AND SUBSURFACE, DIRECTORSINCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, EMPLOYEESRELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, AND AGENTS MAKE THE CONDITION OF ANY WELL CASING, TUBING OR DOWNHOLE EQUIPMENT. PURCHASER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE INTERESTS, AND PURCHASER SHALL ACCEPT ALL OF THE SAME IN THEIR "AS IS, WHERE IS" CONDITION. THERE ARE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THAT EXTEND BEYOND THE ACCURACY, COMPLETENESS, OR CONTENT FACE OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMEAGREEMENT. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SELLER MAKES NO ORAL WARRANTY OR WRITTEN REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR ADVICE PROVIDED BY MCOHOSTINGMATERIALS NOW, ITS OFFICERSHERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO PURCHASER IN CONNECTION WITH THIS AGREEMENT INCLUDING, DIRECTORSWITHOUT LIMITATION, EMPLOYEESANY DESCRIPTION OF THE INTERESTS, PRICING ASSUMPTIONS, OR AGENTS QUALITY OR QUANTITY OF HYDROCARBON RESERVES (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (IIF ANY) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT ATTRIBUTABLE TO THIS SITE THE INTERESTS OR THE SERVICES FOUND ABILITY OR POTENTIAL OF THE INTERESTS TO PRODUCE HYDROCARBONS OR THE ENVIRONMENTAL CONDITION OF THE INTERESTS OR ANY OTHER MATTERS CONTAINED IN THE PROPRIETARY DATA OR ANY OTHER MATERIALS FURNISHED OR MADE AVAILABLE TO PURCHASER BY SELLER OR BY SELLER'S AGENTS OR REPRESENTATIVES. ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS FURNISHED BY SELLER OR OTHERWISE MADE AVAILABLE TO PURCHASER ARE PROVIDED PURCHASER AS A CONVENIENCE AND SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF OR AGAINST SELLER. ANY RELIANCE ON OR USE OF THE SAME SHALL BE AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY PURCHASER'S SOLE RISK TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Texoil Inc /Nv/)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7.1 AND AGREE THAT YOUR USE SECTION 7.2 ABOVE AND EXCEPT AS SET FORTH IN THE PURCHASE AGREEMENT, (a) NEITHER ZILOG NOR MAXIM MAKES ANY REPRESENTATION OR WARRANTY OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORYANY KIND, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (INCLUDING THE ZILOG LICENSED PATENTS, BUT NOT LIMITED TOTHE ZILOG OTHER LICENSED PATENTS, THE ZILOG LICENSED OTHER IP AND TECHNOLOGY AND THE ZILOG EXCLUSIVE LICENSED OTHER IP AND TECHNOLOGY (IN THE CASE OF ZILOG) AND THE MAXIM LICENSED PATENTS AND THE MAXIM LICENSED OTHER IP AND TECHNOLOGY (IN THE CASE OF MAXIM)), (b) ZILOG SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLENON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE ZILOG LICENSED PATENTS, THE ZILOG OTHER LICENSED PATENTS, THE ZILOG LICENSED OTHER IP AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, TECHNOLOGY AND/OR THE ZILOG EXCLUSIVE LICENSED OTHER IP AND TECHNOLOGY AND (IIIc) THE SERVICES FOUND AT THIS SITE MAXIM SPECIFICALLY DISCLAIMS ANY EXPRESS OR ANY SITES LINKED (THROUGH HYPERLINKSIMPLIED WARRANTIES OF NON-INFRINGEMENT, BANNER ADVERTISING MERCHANTABILITY OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FITNESS FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND PARTICULAR PURPOSE WITH RESPECT TO THIS SITE THE MAXIM LICENSED PATENTS AND/OR THE SERVICES FOUND AT THIS SITE, MAXIM LICENSED OTHER IP AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICETECHNOLOGY. THE FOREGOING DISCLAIMER LIMITATION OF REPRESENTATIONS AND WARRANTIES SHALL APPLY LIABILITY SUBJECT TO THE FULLEST EXTENT PERMITTED BY LAWTERMS AND CONDITIONS OF THE PURCHASE AGREEMENT, NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL ZILOG, MAXIM, ANY OF ZILOG'S AFFILIATES OR ANY OF MAXIM'S AFFILIATES BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY (a) CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OR (b) LOST PROFITS OR LOST BUSINESS, IN THE CASE OF EACH OF (a) AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site(b), EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: License Agreement (Zilog Inc)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTINGNODES UNLIMITED LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTINGNODES UNLIMITED LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING NODES UNLIMITED LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTINGNODES UNLIMITED LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, LAW AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteSHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Appears in 1 contract

Samples: Service Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE THIS AGREEMENT AND AGREE THAT YOUR USE ANY ASSIGNMENT, XXXX OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SALE, DEED, LEASE OR OTHER CONVEYANCE EXECUTED PURSUANT HERETO SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”WITHOUT ANY EXPRESS, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHER WARRANTY OR REPRESENTATION AS TO THE CONDITION, BUT NOT LIMITED TOQUALITY, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITYQUANTITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTINGPURPOSE, CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY OF THE EQUIPMENT OR ITS OFFICERS, DIRECTORS, EMPLOYEESFITNESS FOR ANY PURPOSE, AND AGENTS MAKE NO REPRESENTATIONS WITHOUT ANY OTHER EXPRESS, IMPLIED, STATUTORY OR WARRANTIES ABOUT (I) OTHER WARRANTY OR REPRESENTATION WHATSOEVER. BUYER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE ACCURACY, COMPLETENESS, OR CONTENT ASSETS AND SHALL ACCEPT ALL OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMESAME IN THEIR "AS IS," "WHERE IS" CONDITION. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SELLER MAKES NO ORAL WARRANTY OR WRITTEN INFORMATION REPRESENTATION EXPRESS, IMPLIED, STATUTORY OR ADVICE PROVIDED BY MCOHOSTINGOTHERWISE, ITS OFFICERSAS TO PRICING ASSUMPTIONS, DIRECTORS, EMPLOYEES, AS TO THE VALIDITY OF SELLER'S ALLOCATION OF PRODUCTION OCCURRING OR AGENTS POSSIBLY OCCURRING BETWEEN ZONES IN THE ASSETS OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (IIF ANY) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT ATTRIBUTABLE TO THIS SITE THE ASSETS OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ABILITY OR POTENTIAL OF THE ASSETS TO PRODUCE HYDROCARBONS OR ANY SUCH INFORMATION OTHER MATTERS CONTAINED IN THE DATA OR ADVICEANY OTHER MATERIALS FURNISHED OR MADE AVAILABLE TO BUYER BY SELLER OR BY SELLER'S AGENTS OR REPRESENTATIVES. THE FOREGOING DISCLAIMER ASSIGNMENTS AND BILLS OF SALE, LEASES, DEEDS OR OTHER CONVEYANCES TO BE DELIVERED BY SELLER AT CLOSING SHALL EXPRESSLY SET FORTH THE DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteCONTAINED IN THIS SECTION 3.3(A).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Markwest Hydrocarbon Inc)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE NOTWITHSTANDING -------------------------------------------- ANYTHING CONTAINED HEREIN OR IN ANY OTHER OPERATIVE DOCUMENT, THE LESSEE DOES NOT MAKE NOR SHALL THE LESSEE BE DEEMED TO HAVE MADE, AND THE SERVICES FOUND AT LESSEE HEREBY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OTHER THAN THOSE REFERRED TO IN THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND SECTION, IN ANY OFFICER'S CERTIFICATE OF THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”LESSEE OR EXPRESSLY MADE IN ANY OTHER OPERATIVE DOCUMENT, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO THE DESIGN OR CONDITION OF THE FACILITY OR ANY PART THEREOF, BUT NOT LIMITED TOTHE MERCHANTABILITY THEREOF OR THE FITNESS THEREOF FOR ANY PARTICULAR PURPOSE, THE ABILITY OF THE FACILITY OR ANY IMPLIED WARRANTIES PART THEREOF TO PERFORM ANY FUNCTION, THE QUALITY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS THE MATERIALS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESSWORKMANSHIP THEREOF OR CONFORMITY THEREOF TO SPECIFICATIONS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, PRESENCE OR CONTENT ABSENCE OF ANY SITES LINKED (THROUGH HYPERLINKSLATENT OR OTHER DEFECTS, BANNER ADVERTISING WHETHER OR OTHERWISE) TO NOT DISCOVERABLE; PROVIDED THAT THE FOREGOING SHALL NOT EXCUSE THE PERFORMANCE BY THE LESSEE OF ITS OBLIGATIONS SET FORTH IN THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE PARTICIPATION AGREEMENT OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO OTHER OPERATIVE DOCUMENT. THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS REPRESENTATION AND WARRANTIES SHALL APPLY TO SURVIVE ANY TERMINATION OR RESCISSION OF THIS PARTICIPATION AGREEMENT AND THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteOTHER OPERATIVE DOCUMENTS.

Appears in 1 contract

Samples: Participation Agreement (Mobil Corp)

Disclaimer of Representations and Warranties. YOU EXCEPT AS SPECIFICALLY ACKNOWLEDGE SET FORTH IN THE ASSIGNMENT AND AGREE THAT YOUR USE XXXX OF THIS SITE SALE OR IN THE DEED, (A) SOPUS IS CONTRIBUTING AND TRITON IS ACQUIRING THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED TERMINAL ASSETS ON AN AS AS-IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTINGWHERE-IS” BASIS, ITS OFFICERSWITHOUT ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE TERMINAL ASSETS (EXPRESS, DIRECTORS, EMPLOYEES, AGENTSIMPLIED OR STATUTORY), AND ALL THIRD-(B) NO PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS HAS MADE AND IS NOT MAKING ANY REPRESENTATION OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTINGPURPOSE, ITS OFFICERS, DIRECTORS, EMPLOYEESMERCHANTABILITY OR OTHERWISE WITH REGARD TO THE TERMINAL ASSETS, AND AGENTS MAKE NO REPRESENTATIONS EACH PARTY HAS EXPRESSLY DISCLAIMED ANY WARRANTIES (EXPRESS, IMPLIED OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITESTATUTORY), (IIC) THE ACCURACYTRITON IS NOT RELYING ON (AND EXPRESSLY DISCLAIMS ANY RELIANCE ON) ANY STATEMENT, COMPLETENESS, PROMISE OR CONTENT EXTRA-CONTRACTUAL REPRESENTATION OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OTHER PARTY OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING AGENT OR OTHERWISE) TO THIS SITEEMPLOYEE OF SUCH OTHER PARTY, AND MCOHOSTING ASSUMES (D) NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS PARTY HAS NOR DOES SUCH PARTY WARRANTY DESCRIPTION (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND OTHER THAN WITH RESPECT TO THIS SITE REAL PROPERTY), VALUE, QUALITY OR CONDITION OF ANY OF THE SERVICES FOUND AT THIS SITETERMINAL ASSETS (INCLUDING STORAGE TANKS, AND USERS SHOULD NOT RELY PIPELINES, LOADING FACILITIES, APPURTENANT OR ASSOCIATED EQUIPMENT OR OTHER REAL OR PERSONAL PROPERTY LOCATED ON ANY SUCH INFORMATION OR ADVICE. INCLUDED IN THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTERMINAL ASSETS.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Shell Midstream Partners, L.P.)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND 9.01 NO WARRANTY OR REPRESENTATION BY SELLER: EXCEPT AS PROVIDED IN SECTION 8.05(i), THE SERVICES FOUND AT THIS SITE TRANSACTION CONTEMPLATED HEREBY SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS (i) WITHOUT ANY WARRANTY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES REPRESENTATION OF TITLE, MERCHANTABILITYEITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE; (ii) WITHOUT ANY EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION AS TO THE CONDITION, QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, FREEDOM FROM HIDDEN VICES OR DEFECTS, CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY OF THE MOVABLES OR ITS FITNESS FOR ANY PURPOSE; AND NON- INFRINGEMENT(iii) EXCEPT AS PROVIDED IN ARTICLE 8, WITHOUT ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. MCOHOSTING, PURCHASER SHALL HAVE INSPECTED OR WAIVED ITS OFFICERS, DIRECTORS, EMPLOYEESRIGHT TO INSPECT THE INTERESTS FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION. PURCHASER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE INTERESTS, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) PURCHASER SHALL ACCEPT ALL OF THE ACCURACYSAME IN THEIR "AS IS, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. WHERE IS" CONDITION WITH ALL FAULTS IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SELLER MAKES NO ORAL WARRANTY OR WRITTEN REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR ADVICE PROVIDED BY MCOHOSTINGMATERIALS NOW, ITS OFFICERSHERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO PURCHASER IN CONNECTION WITH THIS AGREEMENT INCLUDING, DIRECTORSWITHOUT LIMITATION, EMPLOYEESANY DESCRIPTION OF THE INTERESTS, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER THE ABILITY OR CUSTOMER SERVICE REPRESENTATIVES)POTENTIAL OF THE INTERESTS TO PRODUCE HYDROCARBONS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND ENVIRONMENTAL CONDITION OF THE INTERESTS OR ANY OTHER MATTERS CONTAINED IN THE NONPROPRIETARY DATA OR ANY OTHER MATERIALS FURNISHED OR MADE AVAILABLE TO PURCHASER BY SELLER OR BY SELLER'S AGENTS OR REPRESENTATIVES. ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS FURNISHED BY SELLER OR OTHERWISE MADE AVAILABLE TO PURCHASER ARE PROVIDED PURCHASER AS A CONVENIENCE AND SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF OR AGAINST SELLER. ANY RELIANCE ON OR USE OF THE SAME SHALL BE AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY PURCHASER'S SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Confidentiality Agreement (Kestrel Energy Inc)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE EACH OF CPE AND AGREE THAT YOUR USE CPE LLC (ON BEHALF OF THEMSELVES AND EACH MEMBER OF THE CLOUD PEAK GROUP) AND RTEA AND KMS (ON BEHALF OF THEMSELVES AND EACH MEMBER OF THE RTEA GROUP) UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN ANY TRANSACTION DOCUMENT, NO PARTY TO THIS SITE AGREEMENT, ANY TRANSACTION DOCUMENT OR ANY OTHER AGREEMENT OR DOCUMENT CONTEMPLATED BY THIS AGREEMENT, ANY TRANSACTION DOCUMENT OR OTHERWISE, IS REPRESENTING OR WARRANTING IN ANY WAY AS TO THE ASSETS, BUSINESSES OR LIABILITIES ACQUIRED AS CONTEMPLATED HEREBY OR THEREBY AND THE SERVICES FOUND AT THIS SITE SHALL EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY FOR FITNESS FOR ANY PARTICULAR PURPOSE. EXCEPT AS MAY EXPRESSLY BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE SET FORTH HEREIN OR IN ANY TRANSACTION DOCUMENT, ALL SUCH ASSETS ARE PROVIDED BEING ACQUIRED ON AN “AS IS,” “WHERE IS” BASIS (AND, “AS AVAILABLE” IN THE CASE OF ANY REAL PROPERTY, BY MEANS OF A QUITCLAIM OR SIMILAR FORM DEED OR CONVEYANCE) AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THE RESPECTIVE ACQUIRORS SHALL BEAR THE ECONOMIC AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT LEGAL RISKS THAT (I) ANY CONVEYANCE SHALL PROVE TO BE INSUFFICIENT TO VEST IN THE ACCURACYACQUIROR GOOD TITLE, COMPLETENESS, FREE AND CLEAR OF ANY SECURITY INTEREST OR CONTENT OF THIS SITE, OTHER ENCUMBRANCE AND (II) THE ACCURACY, COMPLETENESS, ANY NECESSARY CONSENTS OR CONTENT GOVERNMENTAL APPROVALS ARE NOT OBTAINED OR THAT ANY REQUIREMENTS OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING LAWS OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD JUDGMENTS ARE NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteCOMPLIED WITH.

Appears in 1 contract

Samples: Master Separation Agreement (Cloud Peak Energy Inc.)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE THE LESSEE ACKNOWLEDGES AND AGREE AGREES THAT YOUR USE (i) THE AIRFRAME AND EACH ENGINE IS OF THIS SITE A SIZE, DESIGN, AND CAPACITY AND MANUFACTURE SELECTED BY AND ACCEPTABLE TO THE SERVICES FOUND AT THIS SITE LESSEE, (ii) THE LESSEE IS SATISFIED THAT EACH OF THE AIRFRAME AND EACH ENGINE IS SUITABLE FOR ITS PURPOSES, (iii) NEITHER THE OWNER PARTICIPANT NOR THE LESSOR IS A MANUFACTURER OR A DEALER IN PROPERTY OF SUCH KIND AND (iv) EACH OF THE AIRFRAME AND EACH ENGINE IS LEASED HEREUNDER SUBJECT TO ALL APPLICABLE LAWS AND GOVERNMENTAL REGULATIONS, NOW IN EFFECT OR HEREAFTER ADOPTED, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY THE LESSOR (IN ITS INDIVIDUAL CAPACITY OR AS OWNER TRUSTEE), THE INDENTURE TRUSTEE, THE OWNER PARTICIPANT OR ANY HOLDER. THE LESSOR LEASES THE AIRFRAME AND EACH ENGINE, AS-IS, WHERE-IS, AND NEITHER THE LESSOR (IN ITS INDIVIDUAL CAPACITY OR AS OWNER TRUSTEE), THE INDENTURE TRUSTEE, THE OWNER PARTICIPANT NOR ANY HOLDER MAKES, HAS MADE OR SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTSDEEMED TO HAVE MADE, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIESEACH HAS AND WILL HAVE BEEN DEEMED TO HAVE EXPRESSLY DISCLAIMED, STATUTORYANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF AS TO (A) THE TITLE, MERCHANTABILITYAIRWORTHINESS, WORKMANSHIP, CONDITION, VALUE, FITNESS FOR A ANY PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTINGUSE OR PURPOSE, ITS OFFICERSDESIGN, DIRECTORSOPERATION OR MERCHANTABILITY OF THE AIRFRAME, EMPLOYEESEACH ENGINE OR ANY PART THEREOF, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IB) THE ACCURACYABSENCE OF LATENT OR OTHER DEFECTS, COMPLETENESS, WHETHER OR CONTENT OF THIS SITENOT DISCOVERABLE, (IIC) THE ACCURACY, COMPLETENESS, OR CONTENT ABSENCE OF ANY SITES LINKED INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, (THROUGH HYPERLINKSD) THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, BANNER ADVERTISING (E) THE LESSOR'S TITLE THERETO, (F) THE LESSEE'S OR OTHERWISEANY SUBLESSEE'S RIGHT TO THE QUIET ENJOYMENT THEREOF (EXCEPT AS PROVIDED IN ARTICLE 18 HEREOF) TO THIS SITE, AND/OR (IIIG) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMEOTHER MATTER WHATSOEVER. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE IT IS AGREED THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY ALL RISKS INCIDENT TO THE FULLEST EXTENT PERMITTED MATTERS DISCUSSED IN THE PRECEDING SENTENCE, AS AMONG THE LESSOR, THE INDENTURE TRUSTEE, THE OWNER PARTICIPANT AND THE LESSEE, ARE TO BE BORNE BY LAW, AND shall survive any termination or expiration THE LESSEE. The provisions of this Agreement Section 5.01 have been negotiated by the Lessor and the Lessee and, except as provided in Article 7 of the Participation Agreement, are intended to be a complete exclusion and negation of any representations or your use warranties of this Site the Lessor, the Indenture Trustee and the Owner Participant, express or implied, with respect to the Services found at this SiteAirframe and each Engine that may arise pursuant to any law now or hereafter in effect, or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Federal Express Corp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY THE PARTIES ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THAT, BECAUSE, THROUGH TUNETACCESS, TU PRODUCTS ARE ACCESSIBLE VIA THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”INTERNET WHICH IS AN OPEN NETWORK, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTINGNEITHER, TRANSUNION NOR ITS OFFICERSSUPPLIERS, DIRECTORS, EMPLOYEES, AGENTSCONTRACTORS, AND VENDORS, OF ANY TIER, MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO TUNETACCESS; WITH RESPECT TO ANY AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIESDOCUMENTS AND/OR OTHER MATERIALS PROVIDED TO SUBSCRIBER UNDER THIS AGREEMENT; WITH RESPECT TO LOSS OR CORRUPTION OF DATA; LOSS OF, STATUTORYOR DAMAGE TO, EQUIPMENT AND/OR SOFTWARE; SYSTEM RESPONSE TIMES, ACCESS DELAYS OR ACCESS INTERRUPTIONS; NOR COMPUTER VIRUSES, WHETHER EXPRESS OR IMPLIEDIMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, IN NO EVENT SHALL TRANSUNION NOR ITS SUPPLIERS, CONTRACTORS, AND VENDORS, OF ANY TIER, BE HELD LIABLE IN ANY MANNER WHATSOEVER FOR ANY LOSS OR INJURY TO SUBSCRIBER AND/OR ITS THIRD PARTY PROCESSOR, ARISING OUT OF OR FROM THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES INCURRED BY SUBSCRIBER REGARDLESS OF TITLETHE THEORY UPON WHICH SUCH DAMAGES ARE BASED AND EVEN IF TRANSUNION OR ITS SUPPLIERS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEESCONTRACTORS, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACYVENDORS, COMPLETENESSOF ANY TIER, OR CONTENT ANY ONE OR MORE OF THIS SITETHE FOREGOING PARTIES, (II) HAS BEEN ADVISED OF THE ACCURACY, COMPLETENESS, OR CONTENT POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY SITES LINKED (THROUGH HYPERLINKSLIMITED REMEDY. Subscriber shall have the right, BANNER ADVERTISING OR OTHERWISE) TO THIS SITEand is encouraged by TransUnion, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRDto maintain any other type of TransUnion-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive authorized connection to TransUnion for use in conjunction with the TU Products and any termination other TU products or expiration of this Agreement services that Subscriber has purchased or your use of this Site or the Services found at this Sitelicensed from TransUnion and which are not accessible via TUNetAccess.

Appears in 1 contract

Samples: Transunionnetacess Agreement

Disclaimer of Representations and Warranties. THE SERVICE IS PROVIDED TO YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED ON AN “AS IS”, ,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. MCOHOSTING, NEITHER PREMIUM OR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEESMANAGERS, AGENTSEMPLOYEES OR AGENTS (COLLECTIVELY, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIESTHE “PREMIUM PARTIES”) MAKE ANY REPRESENTATIONS, STATUTORYWARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE INFORMATION, CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOOR ARISING FROM COURSE OF DEALING, ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, QUIET ENJOYMENT AND NON- INFRINGEMENTFREEDOM FROM COMPUTER VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS BY ACCESSING OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) USING THE SERVICES FOUND AT THIS SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. PREMIUM DOES NOT MAKE ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND REPRESENTATIONS WITH RESPECT TO THIS SITE THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICEWEBSITE. THE FOREGOING DISCLAIMER DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. LIMITATIONS OF REPRESENTATIONS AND WARRANTIES SHALL APPLY OUR LIABILITY TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.IN NO EVENT SHALL THE PREMIUM PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD- WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS,

Appears in 1 contract

Samples: workshop.premiumretail.io

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE EXCEPT AS MAY EXPRESSLY BE SET FORTH HEREIN, IN ANY ANCILLARY AGREEMENT, IN THE RESTRUCTURING AGREEMENT, IN ANY TRANSACTION AGREEMENT (AND AGREE THAT YOUR USE NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY REAL PROPERTY INSTRUMENT) (A) NONE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”TWE, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORYHOLDCO OR ANY OTHER PERSON MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY (INCLUDING ANY CONSENTS OR APPROVALS REQUIRED IN CONNECTION THEREWITH) OR THE BUSINESS, BUT NOT LIMITED TOASSETS, CONDITION OR PROSPECTS (FINANCIAL OR OTHERWISE) OF, OR ANY OTHER MATTER INVOLVING, THE ASSETS, BUSINESSES OR LIABILITIES OF TWE, HOLDCO, THE TWE NON-BROADBAND GROUP OR THE TWE BROADBAND GROUP; (B) ALL OF THE ASSETS TO BE RETAINED OR TRANSFERRED OR THE LIABILITIES TO BE RETAINED, ASSUMED OR TRANSFERRED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE TRANSFERRED OR ASSUMED ON AN "AS IS, WHERE IS BASIS," AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR SPECIFIC PURPOSE AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEESOR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IC) THE ACCURACYNONE OF TWE, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE HOLDCO OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER PERSON MAKES ANY REPRESENTATION OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO ANY INFORMATION, DOCUMENTS OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE ENTERING INTO OF THIS SITE AGREEMENT OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTRANSACTIONS CONTEMPLATED HEREBY.

Appears in 1 contract

Samples: Distribution Agreement (Aol Time Warner Inc)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". MCOHOSTINGCOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM DIS- CLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- NON-INFRINGEMENT. MCOHOSTINGCOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISEOTH- ERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTINGCOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESEMPLOY- EES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES)AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION IN- FORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE EACH OF VECTOR (ON BEHALF OF ITSELF AND AGREE THAT YOUR USE EACH MEMBER OF THE VECTOR GROUP) AND SPINCO (ON BEHALF OF ITSELF AND EACH MEMBER OF THE SPINCO GROUP), UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, IN ANY ANCILLARY AGREEMENT OR IN ANY COMMERCIAL ARRANGEMENT, NO PARTY TO THIS SITE AGREEMENT, ANY ANCILLARY AGREEMENT OR ANY OTHER AGREEMENT OR DOCUMENT CONTEMPLATED BY THIS AGREEMENT, ANY ANCILLARY AGREEMENTS OR OTHERWISE, IS REPRESENTING OR WARRANTING IN ANY WAY AS TO THE ASSETS, BUSINESSES OR LIABILITIES CONTRIBUTED, TRANSFERRED OR ASSUMED AS CONTEMPLATED HEREBY OR THEREBY, AS TO ANY CONSENTS OR GOVERNMENTAL APPROVALS REQUIRED IN CONNECTION HEREWITH OR THEREWITH, AS TO THE VALUE OR FREEDOM FROM ANY SECURITY INTERESTS OF, OR ANY OTHER MATTER ** CONFIDENTIAL TREATMENT REQUESTED BY XXXXXXX XXXXXXX INC. PURSUANT TO CFR SECTION 200.83 ** CONCERNING, ANY ASSETS OF SUCH PARTY, OR AS TO THE ABSENCE OF ANY DEFENSES OR RIGHT OF SETOFF OR FREEDOM FROM COUNTERCLAIM WITH RESPECT TO ANY ACTION OR OTHER ASSET, INCLUDING ACCOUNTS RECEIVABLE, OF ANY PARTY, OR AS TO THE LEGAL SUFFICIENCY OF ANY CONTRIBUTION, ASSIGNMENT, DOCUMENT, CERTIFICATE OR INSTRUMENT DELIVERED HEREUNDER TO CONVEY TITLE TO ANY ASSET OR THING OF VALUE UPON THE EXECUTION, DELIVERY AND THE SERVICES FOUND AT THIS SITE SHALL FILING HEREOF OR THEREOF. EXCEPT AS MAY EXPRESSLY BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE SET FORTH HEREIN OR IN ANY ANCILLARY AGREEMENT OR COMMERCIAL ARRANGEMENT, ALL SUCH ASSETS ARE PROVIDED BEING TRANSFERRED ON AN “AS IS”, ,” AS AVAILABLEWHERE ISBASIS AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THE RESPECTIVE TRANSFEREES SHALL BEAR THE ECONOMIC AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT LEGAL RISKS THAT (I) ANY CONVEYANCE SHALL PROVE TO BE INSUFFICIENT TO VEST IN THE ACCURACYTRANSFEREE GOOD TITLE, COMPLETENESS, OR CONTENT FREE AND CLEAR OF THIS SITE, ANY SECURITY INTEREST AND (II) THE ACCURACY, COMPLETENESS, ANY NECESSARY CONSENTS OR CONTENT GOVERNMENTAL APPROVALS ARE NOT OBTAINED OR THAT ANY REQUIREMENTS OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING LAWS OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD JUDGMENTS ARE NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteCOMPLIED WITH.

Appears in 1 contract

Samples: Distribution Agreement (Douglas Elliman Inc.)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE EXCEPT AS MAY EXPRESSLY BE SET FORTH HEREIN, IN ANY ANCILLARY AGREEMENT, IN THE RESTRUCTURING AGREEMENT, IN ANY OTHER TRANSACTION AGREEMENT OR IN ANY REAL PROPERTY INSTRUMENT, (A) NONE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”COMPANY, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORYHOLDCO OR ANY OTHER PERSON MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY (INCLUDING ANY CONSENTS OR APPROVALS REQUIRED IN CONNECTION THEREWITH) OR THE BUSINESS, BUT NOT LIMITED TOASSETS, CONDITION OR PROSPECTS (FINANCIAL OR OTHERWISE) OF, OR ANY OTHER MATTER INVOLVING, THE ASSETS, BUSINESSES OR LIABILITIES OF THE COMPANY, THE COMPANY GROUP, HOLDCO OR THE TWIC BROADBAND GROUP; (B) ALL OF THE ASSETS TO BE RETAINED OR TRANSFERRED OR THE LIABILITIES TO BE RETAINED, ASSUMED OR TRANSFERRED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE TRANSFERRED OR ASSUMED ON AN "AS IS, WHERE IS BASIS," AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR SPECIFIC PURPOSE OR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED AND NON- INFRINGEMENT. MCOHOSTING(C) NONE OF THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE HOLDCO OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER PERSON MAKES ANY REPRESENTATION OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO ANY INFORMATION, DOCUMENTS OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE ENTERING INTO OF THIS SITE AGREEMENT OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTRANSACTIONS CONTEMPLATED HEREBY.

Appears in 1 contract

Samples: Contribution Agreement (Aol Time Warner Inc)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE EXCEPT AS MAY EXPRESSLY BE SET FORTH HEREIN OR IN ANY OTHER TRANSACTION AGREEMENT, (A) NONE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORYPARTIES HERETO OR ANY OTHER PERSON MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO ANY OF THE TRANSACTIONS (INCLUDING ANY CONSENTS OR APPROVALS REQUIRED IN CONNECTION THEREWITH) OR THE BUSINESS, BUT NOT LIMITED TOASSETS, CONDITION OR PROSPECTS (FINANCIAL OR OTHERWISE) OF, OR ANY OTHER MATTER INVOLVING, THE ASSETS, BUSINESSES OR LIABILITIES OF TWE, TWIC, HOLDCO, THE COMPANY OR THE AOLTW BROADBAND GROUP; (B) ALL OF THE ASSETS TO BE RETAINED OR TRANSFERRED OR THE LIABILITIES TO BE RETAINED, ASSUMED OR TRANSFERRED IN ACCORDANCE WITH THE TRANSACTION AGREEMENTS SHALL BE TRANSFERRED OR ASSUMED ON AN “AS IS, WHERE IS BASIS,” AND ALL IMPLIED WARRANTIES OF TITLE, Table of Contents MERCHANTABILITY, FITNESS FOR A PARTICULAR SPECIFIC PURPOSE AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEESOR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IC) NONE OF THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE PARTIES HERETO OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER PERSON MAKES ANY REPRESENTATION OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE ANY INFORMATION, DOCUMENTS OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE TRANSACTIONS OR THE SERVICES FOUND AT THIS SITEENTERING INTO OF THE TRANSACTION AGREEMENTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, [THE]NO AT&T [PARTIES ARE NOT]PARTY IS DISCLAIMING ANY RIGHTS IT MAY HAVE IN ITS CAPACITY AS A SHAREHOLDER OF AOLTW COMMON STOCK[, ] TO THE SAME EXTENT AS IF THE SHARES RECEIVED [HEREUNDER]ON CONVERSION OF THE SERIES A PREFERRED STOCK WERE INSTEAD PURCHASED ON THE OPEN MARKET DURING THE VALUATION PERIOD, UNDER [APPLICABLE SECURITIES LAWS, INCLUDING]SECTION 10(b) OF THE 1934 ACT AND RULE 10b-5 PROMULGATED THEREUNDER DURING THE PERIOD BEGINNING ON THE CLOSING AND ENDING ON THE 90TH DAY FOLLOWING THE CONTINUED EFFECTIVENESS OF THE SHELF REGISTRATION STATEMENT CONTEMPLATED BY THE AOLTW REGISTRATION RIGHTS AGREEMENT OR, IF THE SERIES A PREFERRED IS CONVERTED ON OR AFTER THE 90TH DAY PRIOR TO THE SECOND ANNIVERSARY OF ITS ISSUANCE, 90 DAYS FOLLOWING SUCH CONVERSION, AND USERS SHOULD NOT RELY AOLTW EXPRESSLY ACKNOWLEDGES THAT THE AT&T PARTIES SHALL BE ENTITLED TO ANY RIGHTS AND REMEDIES PROVIDED BY SUCH SECTION 10(b) OF THE 1934 ACT AND SUCH RULE AS IF THE AT&T PARTIES HAD SO PURCHASED SUCH SHARES ON ANY THE OPEN MARKET DURING THE VALUATION PERIOD PROVIDED THAT THE AT&T PARTIES ASSERT SUCH INFORMATION RIGHT OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteREMEDY ON OR BEFORE SUCH 90TH DAY.

Appears in 1 contract

Samples: Restructuring Agreement (Aol Time Warner Inc)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF EXCEPT AS EXPRESSLY PROVIDED IN THIS SITE AGREEMENT AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK OTHER TRANSACTION DOCUMENTS (INCLUDING THE EXHIBITS, APPENDICES AND THAT THIS SITE SCHEDULES HERETO AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTSTHERETO, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIESANY CERTIFICATE FURNISHED IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER TRANSACTION DOCUMENT), STATUTORYMAP MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND THE OTHER TRANSACTION DOCUMENTS (INCLUDING THE EXHIBITS, APPENDICES AND SCHEDULES HERETO AND THERETO, AND ANY CERTIFICATE FURNISHED IN CONNECTION WITH THIS AGREEMENT OR ANY TRANSACTION DOCUMENT), MAP DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY REPRESENTATION OR WARRANTY OTHERWISE MADE OR COMMUNICATED (ORALLY OR IN WRITING) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLEOPINION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT MAY HAVE BEEN PROVIDED TO PEPL OR TEPPCO BY MCOHOSTINGANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, CONSULTANT OR REPRESENTATIVE OF MAP OR ITS OFFICERS, DIRECTORS, EMPLOYEESAFFILIATES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY IN ANY OTHER FORM IN EXPECTATION OF ANY KIND WITH RESPECT TO THE TRANSACTIONS CONTEMPLATED BY THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteAGREEMENT.

Appears in 1 contract

Samples: Formation Agreement (Teppco Partners Lp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE SYSTEM (INCLUDING, WITHOUT LIMITATION, THE WEBSITE(S)) IS AT YOUR OWN RISK SOLE RISK. THE SYSTEM AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE WEBSITE(S) ARE PROVIDED ON AN "AS IS”, “" AND "AS AVAILABLE” AND “WITH ALL FAULTS”" BASIS WITHOUT WARRANTY OF ANY KIND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW. MCOHOSTINGTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CASTLEBRANCH EXPRESSLY DISCLAIMS ANY AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIEDREPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEESPURPOSE, AND AGENTS MAKE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CASTLEBRANCH DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SYSTEM. NO REPRESENTATIONS ADVICE OR WARRANTIES ABOUT (I) THE ACCURACYINFORMATION, COMPLETENESSWHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CASTLEBRANCH, OR CONTENT FROM OR THROUGH USE OF THIS SITETHE SYSTEM SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED HEREIN. CASTLEBRANCH ASSUMES NO, (II) THE ACCURACYAND SHALL HAVE NO, COMPLETENESSRESPONSIBILITY OR LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKSALTERATION OF, BANNER ADVERTISING OR OTHERWISE) TO THIS SITEYOUR COMMUNICATIONS, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKSPERSONAL INFORMATION, BANNER ADVERTISING OR OTHERWISE) TO THIS SITEDATA, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEESCONTENT, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER RECORDINGS. CASTLEBRANCH IS NOT LIABLE FOR ANY PROBLEMS OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL TECHNICAL MALFUNCTION CAUSED BY ANY OF THE EQUIPMENT OR FINANCIAL ADVICE PROGRAMMING ASSOCIATED WITH OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR UTILIZED BY THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICESYSTEM. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY CASTLEBRANCH PARTY BE LIABLE TO YOU OR ANY OTHER PERSON, ENTITY, OR ORGANIZATION FOR ANY DAMAGES, LOSSES, EXPENSES, OR OTHER AMOUNTS, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SYSTEM, (INCLUDING, WITHOUT LIMITATION, ANY WEBSITE(S)), YOUR PURCHASE OR USE OF ANY OF THE PRODUCTS OR SERVICES OFFERED, ADVERTISED, OR SOLD THROUGH THE SYSTEM OR BY CASTLEBRANCH, ANY LOSS OR DISCLOSURE OF YOUR PERSONAL INFORMATION, DATA, CONTENTS, OR RECORDINGS, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS, EVEN IF ARISING FROM CASTLEBRANCH'S NEGLIGENCE AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.EVEN IF CASTLEBRANCH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY

Appears in 1 contract

Samples: Terms and Conditions of Use

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR MEMBERSHIP IN RAVEN, USE OF THIS SITE RAVEN AND THE SERVICES FOUND AT THIS SITE MEMBERSHIP BENEFITS SHALL BE AT YOUR OWN RISK AND THAT THIS SITE RAVEN AND THE SERVICES MEMBERSHIP BENEFITS FOUND AT THIS SITE A T RAVEN ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTINGCCI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-THIRD PARTY SERVICE PROVIDERS INCLUDING CCI PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTINGCCI, ITS OFFICERS, DIRECTORS, EMPLOYEES, CCI PARTNERS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IA) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, RAVEN; OR (IIB) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE RAVEN OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITERAVEN, AND MCOHOSTING CCI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTINGCCI, ITS OFFICERS, DIRECTORS, EMPLOYEES, CCI PARTNERS OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR EXCEPT AS ARE SPECIFICALLY SET FORTH IN THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICEPOLICIES. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteSHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR MEMBERSHIP OR YOUR USE OF RAVEN OR THE MEMBERSHIP BENEFITS FOUND AT RAVEN.

Appears in 1 contract

Samples: Raven Membership Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". MCOHOSTINGCOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTINGCOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTINGCOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES)AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Terms of Service Agreement

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Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE EXCEPT AS MAY EXPRESSLY BE SET FORTH IN ARTICLE 3 (INCLUDING THE SCHEDULES THERETO) OF THIS SITE AGREEMENT OR IN ANY OTHER TRANSACTION DOCUMENT, (A) SELLERS DISCLAIM AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORYDO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITH RESPECT TO THE ACQUIRED ASSETS, ANY OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY OTHER TRANSACTION DOCUMENT (INCLUDING ANY CONSENTS OR APPROVALS REQUIRED IN CONNECTION THEREWITH) OR THE CONDITION OR PROSPECTS (FINANCIAL OR OTHERWISE) OF, OR ANY OTHER MATTER INVOLVING, THE ACQUIRED ASSETS (INCLUDING WITH RESPECT TO (1) THE ACCURACY OR COMPLETENESS OF ANY INFORMATION REGARDING THE ACQUIRED ASSETS FURNISHED OR MADE AVAILABLE TO PURCHASER AND ITS REPRESENTATIVES, AND/OR (2) THAT THE ACQUIRED ASSETS ARE DELIVERED FREE OR RIGHTFUL CLAIM OF ANY THIRD PERSON AND (B) ALL OF THE ACQUIRED ASSETS TO BE TRANSFERRED OR THE ACQUIRED LIABILITIES TO BE ASSUMED OR TRANSFERRED, DIRECTLY OR INDIRECTLY, IN ACCORDANCE WITH THIS AGREEMENT OR ANY OTHER TRANSACTION DOCUMENT SHALL BE TRANSFERRED OR ASSUMED ON AN “AS IS, WHERE IS” BASIS, AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED. PURCHASER, TOGETHER WITH ITS ADVISORS, HAS MADE ITS OWN INVESTIGATION OF THE ACQUIRED ASSETS AND NON- INFRINGEMENT. MCOHOSTINGIS NOT RELYING ON ANY WARRANTIES, ITS OFFICERSEXPRESS OR IMPLIED, DIRECTORSPROVIDED ORALLY OR CONTAINED IN ANY MATERIALS PROVIDED BY SELLERS OR ANY OF THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE REPRESENTATIVES OR OTHERWISE (INCLUDING ANY ITEMS MADE AVAILABLE TO PURCHASER IN THE ELECTRONIC DOCUMENTATION SITE ESTABLISHED BY SELLERS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT OTHER THAN AS EXPRESSLY PROVIDED IN ARTICLE 3 (IINCLUDING THE SCHEDULES THERETO) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITEAGREEMENT, IN DECIDING TO ENTER INTO THIS AGREEMENT OR THE OTHER TRANSACTION DOCUMENTS AND CLOSE THE TRANSACTIONS CONTEMPLATED HEREIN AND THEREIN. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN ARTICLE 3 OF THIS AGREEMENT (IIINCLUDING THE SCHEDULES THERETO) OR IN ANY OTHER TRANSACTION DOCUMENT, NONE OF THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE PARTIES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER PERSON MAKES ANY REPRESENTATION OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO ANY INFORMATION, DOCUMENTS OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE ENTERING INTO OF THIS SITE AGREEMENT OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OTHER TRANSACTION DOCUMENTS OR ADVICETHE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY NOTWITHSTANDING ANYTHING TO THE FULLEST EXTENT PERMITTED BY LAWCONTRARY CONTAINED HEREIN, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteNOTHING IN THIS SECTION 4.8 SHALL LIMIT THE RIGHT OF PURCHASER TO SEEK ANY AVAILABLE REMEDY FOR INTENTIONAL FRAUD.

Appears in 1 contract

Samples: Asset Purchase Agreement (SAExploration Holdings, Inc.)

Disclaimer of Representations and Warranties. THE APPLICATION IS PROVIDED TO YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “ON AN "AS IS”, “," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. MCOHOSTING, NEITHER INTRVYL NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEESMANAGERS, AGENTSEMPLOYEES OR AGENTS (COLLECTIVELY, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIESTHE "INTRVYL PARTIES") MAKE ANY REPRESENTATIONS, STATUTORYWARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR APPLICATION, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOOR ARISING FROM COURSE OF DEALING, ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, QUIET ENJOYMENT AND NON- INFRINGEMENTFREEDOM FROM COMPUTER VIRUS. MCOHOSTINGBY ACCESSING OR USING THE APPLICATION YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APPLICATION. NOTWITHSTANDING THE FOREGOING, ITS OFFICERSTHESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, DIRECTORSSTATUTORY CONSUMER RIGHTS, EMPLOYEESDAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM INTRVYL INTENTIONAL MISCONDUCT, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACYRECKLESSNESS, COMPLETENESSFRAUD, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteGROSS NEGLIGENCE.

Appears in 1 contract

Samples: Intrvyl End User License Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE WITHOUT LIMITING THE GENERALITY OF SECTION 5.9(a) AND EXCEPT FOR THE REPRESENTATIONS, WARRANTIES, COVENANTS, INDEMNITIES AND OTHER RIGHTS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASERS AND PURCHASERS' PARENT UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE SELLERS AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK CPI OTHERWISE EXPRESSLY DISCLAIM AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”NEGATE ANY OTHER REPRESENTATIONS, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORYWARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, INCLUDINGAT COMMON LAW, BUT NOT LIMITED TOSTATUTORY, ANY IMPLIED WARRANTIES OR OTHERWISE AS TO (i) LIABILITIES, (ii) OPERATION OF THE ASSETS OF OPP, INCLUDING THE OLEANDER STATION, TITLE, CONDITION, VALUE OR QUALITY OF SUCH ASSETS OR THE BUSINESS, CONDITION (FINANCIAL OR OTHERWISE), OR PROSPECTS OF OPP, RISKS AND OTHER INCIDENTS OF THE PARTNERSHIP INTERESTS OR SUCH ASSETS, (iii) ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTINGWITH RESPECT TO SUCH ASSETS OR ANY PART THEREOF, ITS OFFICERSOR AS TO THE WORKMANSHIP THEREOF OR THE ABSENCE OF ANY DEFECTS THEREIN, DIRECTORSWHETHER LATENT OR PATENT, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (Iiv) THE ACCURACYPRESENCE OR ABSENCE OF ANY HAZARDOUS SUBSTANCES IN, COMPLETENESSON, OR CONTENT DISPOSED OR DISCHARGED FROM, THE OLEANDER STATION AND OTHER ASSETS OF THIS SITE, (II) THE ACCURACY, COMPLETENESSOPP , OR CONTENT (v) ANY INFRINGEMENT BY SELLERS, CPI, OPP, OR ANY OF THEIR AFFILIATES OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING PATENT OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR PROPRIETARY RIGHT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, THIRD PARTY. PURCHASERS AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND PURCHASERS' PARENT FURTHER AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE MATERIAL PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER COMMUNICATION MADE BY SELLERS OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL CPI OR FINANCIAL ADVICE ANY REPRESENTATIVE OF SELLER OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY CPI PRIOR TO THE FULLEST EXTENT PERMITTED EFFECTIVE DATE WILL CONSTITUTE, CREATE OR OTHERWISE CAUSE TO EXIST ANY REPRESENTATION OR WARRANTY DISCLAIMED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTHE FOREGOING.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Southern Power Co)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE NOTWITHSTANDING -------------------------------------------- ANYTHING CONTAINED HEREIN OR IN ANY OTHER OPERATIVE DOCUMENT, EACH OF THE CHARTERER AND AGREE THAT YOUR USE OF THIS SITE AND ANY AFFILIATES DOES NOT MAKE NOR SHALL EITHER THE SERVICES FOUND AT THIS SITE SHALL CHARTERER OR ANY AFFILIATES BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTSDEEMED TO HAVE MADE, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIESEACH OF THE CHARTERER AND ANY AFFILIATES HEREBY DISCLAIMS, STATUTORYANY REPRESENTATION OR WARRANTY OTHER THAN THOSE REFERRED TO IN THIS SECTION, IN ANY OFFICER'S CERTIFICATE OF THE CHARTERER OR EXPRESSLY MADE IN ANY OTHER OPERATIVE DOCUMENT, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO TITLE TO THE VESSEL, BUT NOT LIMITED TOTHE VESSEL'S DESIGN, ANY IMPLIED WARRANTIES OF TITLECONDITION, MERCHANTABILITY, MERCHANTABILITY OR THE VESSEL'S FITNESS FOR A ANY PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTINGTRADE, ITS OFFICERSTHE ABILITY OF THE VESSEL OR ANY PART THEREOF TO PERFORM ANY FUNCTION, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS THE QUALITY OF THE MATERIALS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESSWORKMANSHIP THEREOF OR CONFORMITY THEREOF TO SPECIFICATIONS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, PRESENCE OR CONTENT ABSENCE OF ANY SITES LINKED (THROUGH HYPERLINKSLATENT OR OTHER DEFECTS, BANNER ADVERTISING WHETHER OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE NOT DISCOVERABLE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER WARRANTY OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE REPRESENTATION WHATSOEVER; PROVIDED THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING SHALL NOT EXCUSE THE PERFORMANCE BY THE CHARTERER OF ITS OBLIGATIONS SET FORTH IN THIS PARTICIPATION AGREEMENT OR ANY OTHER OPERATIVE DOCUMENT. THIS DISCLAIMER OF REPRESENTATIONS REPRESENTATION AND WARRANTIES SHALL APPLY TO SURVIVE ANY TERMINATION OR RESCISSION OF THIS PARTICIPATION AGREEMENT AND THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteOTHER OPERATIVE DOCUMENTS.

Appears in 1 contract

Samples: Participation Agreement (Mobil Corp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE EXCEPT FOR THE CITY’S EXPRESS REPRESENTATIONS, WARRANTIES AND AGREE COVENANTS SET FORTH IN THE GROUND LEASE, THE DEVELOPER AGREES THAT YOUR USE OF THIS SITE THE LEASE PROPERTY IS BEING DELIVERED BY THE CITY AND ACCEPTED BY THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “DEVELOPER IN ITS AS-IS WITH ALL FAULTS”FAULTS CONDITION AS DEFINED IN SECTION 8.13.1. MCOHOSTINGTHE DEVELOPER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT NEITHER THE CITY, ITS OFFICERSNOR ANY EMPLOYEE, DIRECTORSOFFICER, EMPLOYEESCOMMISSIONER, AGENTSREPRESENTATIVE, OR OTHER AGENT OF THE CITY HAS MADE, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIESTHERE IS HEREBY DISCLAIMED, STATUTORYANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKSKIND, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE THE CONDITION OF THE LEASE PROPERTY, THE SUITABILITY OR FITNESS OF THE LEASE PROPERTY OR APPURTENANCES TO THE LEASE PROPERTY FOR THE DEVELOPMENT, USE, OR OPERATION OF THE PROJECT, ANY COMPLIANCE WITH LAWS OR APPLICABLE LAND USE OR ZONING REGULATIONS, ANY MATTER AFFECTING THE USE, VALUE, OCCUPANCY OR ENJOYMENT OF THE LEASE PROPERTY, OR ANY OTHER MATTER WHATSOEVER PERTAINING TO THE LEASE PROPERTY OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICEPROJECT. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.Developer Initials:

Appears in 1 contract

Samples: Lease Disposition and Development Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT ON THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". MCOHOSTINGTHE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- NON-INFRINGEMENT. MCOHOSTINGTHE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IA) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (IIB) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (IIIC) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTINGTHE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES)AGENTS, AND THIRD-THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteSHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Appears in 1 contract

Samples: www.synonym.finance

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND SITE, THE SERVICES FOUND AT THIS SITE SITE, AND THE SALE OR PURCHASE OF PRODUCTS SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND SITE, THE SERVICES FOUND AT THIS SITE SITE, AND THE PRODUCTS ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTINGHIPSTU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- NON-INFRINGEMENT. MCOHOSTINGHIPSTU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES PRODUCTS FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING HIPSTU ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTINGHIPSTU, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS ) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR SITE, THE SERVICES FOUND AT THIS SITE, OR THE PRODUCTS, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteSHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE, THE SERVICES FOUND AT THIS SITE, OR THE PRODUCTS.

Appears in 1 contract

Samples: Universal Terms of Service Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE EXCEPT AS MAY EXPRESSLY BE SET FORTH HEREIN, IN ANY ANCILLARY AGREEMENT, IN THE RESTRUCTURING AGREEMENT OR IN ANY OTHER TRANSACTION AGREEMENT (AND AGREE THAT YOUR USE NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN ANY REAL PROPERTY INSTRUMENT), (A) NONE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”COMPANY, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORYHOLDCO OR ANY OTHER PERSON MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY (INCLUDING ANY CONSENTS OR APPROVALS REQUIRED IN CONNECTION THEREWITH) OR THE BUSINESS, BUT NOT LIMITED TOASSETS, CONDITION OR PROSPECTS (FINANCIAL OR OTHERWISE) OF, OR ANY OTHER MATTER INVOLVING, THE ASSETS, BUSINESSES OR LIABILITIES OF THE COMPANY, THE COMPANY GROUP, HOLDCO, TWE OR THE TWIC BROADBAND GROUP; (B) ALL OF THE ASSETS TO BE RETAINED OR TRANSFERRED OR THE LIABILITIES TO BE RETAINED, ASSUMED OR TRANSFERRED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE TRANSFERRED OR ASSUMED ON AN "AS IS, WHERE IS BASIS," AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR SPECIFIC PURPOSE OR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED AND NON- INFRINGEMENT. MCOHOSTING(C) NONE OF THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE HOLDCO OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER PERSON MAKES ANY REPRESENTATION OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO ANY INFORMATION, DOCUMENTS OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE ENTERING INTO OF THIS SITE AGREEMENT OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTRANSACTIONS CONTEMPLATED HEREBY.

Appears in 1 contract

Samples: Contribution Agreement (Aol Time Warner Inc)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". MCOHOSTINGCOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- NON-INFRINGEMENT. MCOHOSTINGCOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTINGCOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES)AGENTS, AND THIRD-THIRD- PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Terms of Services

Disclaimer of Representations and Warranties. THE SERVICE IS PROVIDED TO YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED ON AN “AS IS”, ,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. MCOHOSTING, NEITHER COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORSMANAGERS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER COLLECTIVELY, THE “COMPANY PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES, OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY ENDORSEMENTS OF ANY KIND WITH RESPECT WHATSOEVER AS TO THIS SITE THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE SERVICES FOUND AT THIS SITEIMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND USERS SHOULD FITNESS FOR A PARTICULAR PURPOSE BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT RELY ON EXCLUDE ANY SUCH INFORMATION PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR ADVICERESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. THE FOREGOING DISCLAIMER LIMITATIONS OF REPRESENTATIONS AND WARRANTIES SHALL APPLY OUR LIABILITY TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteIN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THESE TERMS, OR YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE A S S E RT E D L I A B I L I T Y O R D A M A G E S A R E B A S E D O N C O N T R A C T, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

Appears in 1 contract

Samples: www.kowalskihcp.com

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTINGNET PROJECTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- NON-INFRINGEMENT. MCOHOSTINGNET PROJECTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING NET PROJECTIONS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTINGNET PROJECTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteSHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Appears in 1 contract

Samples: Universal Terms of Service Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF EXCEPT AS TO MATTERS EXPRESSLY INDEMNIFIED AGAINST IN THIS SITE AGREEMENT, (A) PARTNERSHIP AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND PARTNERS ACCEPT THE SERVICES FOUND AT THIS SITE ARE PROVIDED “ASSETS COMPRISING THE FRACTIONATOR FACILITY "AS IS”, “AS AVAILABLE” " AND "WHERE IS" AND WITH ALL FAULTS”. MCOHOSTINGFAULTS AND DEFECTS, ITS OFFICERSWHETHER PATENT OR LATENT, DIRECTORS(B) NEITHER WARREN OR DEVCO MAKE ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, WXXXXXX EXPRESS OR IMPLIED, WITH RESPECT TO ALL OR ANY OF SAID ASSETS, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTINGOR ANY REPRESENTATION WITH RESPECT TO THE DESIGN, ITS OFFICERSQUALITY, DIRECTORSDURABILITY OR SUITABILITY OF THE FRACTIONATOR FACILITY, EMPLOYEESOR ANY PORTIONS THEREOF, FOR A PARTICULAR PURPOSE, AND AGENTS (C) NEITHER WARREN NOR DEVCO MAKE NO ANY REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKSKIND, BANNER ADVERTISING XXXXXER EXPRESS OR OTHERWISE) TO THIS SITEIMPLIED, AND/IN CONNECTION WITH THE VALUE, CONDITION, FITNESS OR (III) USE OF SAID ASSETS OR THE SERVICES FOUND AT THIS SITE PRESENCE, ABSENCE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY CONDITION OF ANY KIND WITH RESPECT TO THIS SITE ENVIRONMENTAL CONTAMINANT OR THE SERVICES FOUND AT THIS SITEPRESENCE OR EXISTENCE OF ANY ENVIRONMENTAL CONDITION, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. EXCEPT FOR THOSE ENVIRONMENTAL MATTERS DISCLOSED IN THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteDISCLOSURE SCHEDULE.

Appears in 1 contract

Samples: Fractionation Agreement (Dynegy Energy Partners Lp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE SUBJECT TO THE EXPRESS TERMS AND AGREE THAT YOUR USE CONDITIONS OF THIS AGREEMENT, THE GROUND LEASE AND ANY OTHER DOCUMENTS OR INSTRUMENTS EXECUTED BY THE CITY IN CONNECTION WITH THE PROJECT, (I) UNIVERSITY AGREES THAT THE LEASE SITE, THE UTILITY INSTALLATION SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS ZSFG SITE ARE PROVIDED BEING DELIVERED BY CITY AND ACCEPTED BY UNIVERSITY IN THEIR “AS IS”, “AS AVAILABLE” AND “IS WITH ALL FAULTS”. MCOHOSTING” CONDITION AND (II) UNIVERSITY SPECIFICALLY ACKNOWLEDGES AND AGREES THAT NEITHER CITY, ITS OFFICERSNOR ANY OF THE OTHER CITY INDEMNIFIED PARTIES, DIRECTORSNOR ANY EMPLOYEE, EMPLOYEESOFFICER, AGENTSCOMMISSIONER, REPRESENTATIVE OR OTHER AGENT OF ANY OF THEM, HAS MADE, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIESTHERE IS HEREBY DISCLAIMED, STATUTORYANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKSKIND, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS THE CONDITION OF THE LEASE SITE, THE UTILITY INSTALLATION SITE OR THE SERVICES FOUND AT THIS ZSFG SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION THE SUITABILITY OR ADVICE. FITNESS OF THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY LEASE SITE, THE UTILITY INSTALLATION SITE OR THE ZSFG SITE OR APPURTENANCES TO THE FULLEST EXTENT PERMITTED BY LAWLEASE SITE, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTHE UTILITY INSTALLATION SITE OR THE ZSFG SITE FOR THE DEVELOPMENT, USE OR OPERATION OF THE PROJECT, ANY COMPLIANCE WITH LAWS OR APPLICABLE LAND USE OR ZONING REGULATIONS, ANY MATTER AFFECTING THE USE, VALUE, OCCUPANCY OR ENJOYMENT OF THE LEASE SITE, THE UTILITY INSTALLATION SITE OR THE ZSFG SITE, OR ANY OTHER MATTER WHATSOEVER PERTAINING TO THE LEASE SITE, THE UTILITY INSTALLATION SITE OR THE ZSFG SITE OR THE PROJECT.

Appears in 1 contract

Samples: Lease Disposition and Development Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTINGHOSTINGER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- NON-INFRINGEMENT. MCOHOSTINGHOSTINGER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING HOSTINGER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTINGHOSTINGER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE EXCEPT AS SET FORTH IN SECTION 9.01(C), THE PARTIES UNDERSTAND AND AGREE THAT YOUR USE NEITHER PARTY NOR ANY PARTY TO ANY ANCILLARY AGREEMENT IS MAKING ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO ANY HOSPIRA ASSETS OR HOSPIRA LIABILITIES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY ANCILLARY AGREEMENT, INCLUDING ANY REPRESENTATIONS OR WARRANTIES AS TO: (I) ANY CONSENTS REQUIRED IN CONNECTION THEREWITH; (II) THE VALUE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”OR FREEDOM FROM ANY SECURITY INTERESTS IN, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOANY OTHER MATTER CONCERNING, ANY IMPLIED WARRANTIES HOSPIRA ASSET; (III) THE ABSENCE OF TITLE, MERCHANTABILITY, ANY DEFENSES TO OR RIGHT OF SETOFF AGAINST OR FREEDOM FROM COUNTERCLAIM WITH RESPECT TO ANY CLAIM; (IV) THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OF ANY OF THE HOSPIRA ASSETS; OR WARRANTIES ABOUT (IV) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT LEGAL SUFFICIENCY OF ANY SITES LINKED (THROUGH HYPERLINKSCONVEYANCE AND ASSUMPTION INSTRUMENTS TO CONVEY TITLE TO ANY HOSPIRA ASSET OR THING OF VALUE UPON THE EXECUTION, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) DELIVERY AND FILING OF SUCH CONVEYANCE AND ASSUMPTION INSTRUMENTS. THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE PARTIES FURTHER UNDERSTAND AND AGREE THAT NO ORAL ALL HOSPIRA ASSETS ARE BEING TRANSFERRED ON AN "AS IS," "WHERE IS" BASIS (AND, IN THE CASE OF ANY REAL PROPERTY, BY MEANS OF A QUITCLAIM OR WRITTEN INFORMATION SIMILAR FORM DEED OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVESCONVEYANCE), AND THIRD-PARTY SERVICE PROVIDERS WILL HOSPIRA AND ITS SUBSIDIARIES SHALL BEAR THE ECONOMIC AND LEGAL RISKS THAT: (IA) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY ANY CONVEYANCE AND ASSUMPTION INSTRUMENT MAY PROVE TO BE INSUFFICIENT TO VEST IN THE TRANSFEREE GOOD AND MARKETABLE TITLE, FREE AND CLEAR OF ANY KIND WITH RESPECT TO THIS SITE SECURITY INTEREST; AND (B) ANY NECESSARY CONSENTS ARE NOT OBTAINED OR THE SERVICES FOUND AT THIS SITETHAT ANY REQUIREMENTS OF LAWS, AND USERS SHOULD AGREEMENTS, SECURITY INTERESTS OR JUDGMENTS ARE NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteCOMPLIED WITH.

Appears in 1 contract

Samples: Separation and Distribution Agreement (Hospira Inc)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE EXCEPT AS MAY EXPRESSLY BE SET FORTH HEREIN, IN ANY ANCILLARY AGREEMENT, IN THE RESTRUCTURING AGREEMENT OR IN ANY OTHER TRANSACTION AGREEMENT, (A) NONE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”TWE, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORYHOLDCO OR ANY OTHER PERSON MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY (INCLUDING ANY CONSENTS OR APPROVALS REQUIRED IN CONNECTION THEREWITH) OR THE BUSINESS, BUT NOT LIMITED TOASSETS, CONDITION OR PROSPECTS (FINANCIAL OR OTHERWISE) OF, OR ANY OTHER MATTER INVOLVING, THE ASSETS, BUSINESSES OR LIABILITIES OF TWE, HOLDCO, THE TWE NON-BROADBAND GROUP OR THE TWE BROADBAND GROUP; (B) ALL OF THE ASSETS TO BE RETAINED OR TRANSFERRED OR THE LIABILITIES TO BE RETAINED, ASSUMED OR TRANSFERRED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE TRANSFERRED OR ASSUMED ON AN "AS IS, WHERE IS BASIS," AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR SPECIFIC PURPOSE AND NON- INFRINGEMENT. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEESOR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IC) THE ACCURACYNONE OF TWE, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE HOLDCO OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER PERSON MAKES ANY REPRESENTATION OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO ANY INFORMATION, DOCUMENTS OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE ENTERING INTO OF THIS SITE AGREEMENT OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTRANSACTIONS CONTEMPLATED HEREBY.

Appears in 1 contract

Samples: Distribution Agreement (Aol Time Warner Inc)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE EXCEPT AS MAY EXPRESSLY BE SET FORTH IN ARTICLE 3 (INCLUDING THE SCHEDULES THERETO) OF THIS SITE AGREEMENT OR IN ANY OTHER TRANSACTION DOCUMENT, (A) SELLER DISCLAIMS AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORYDOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITH RESPECT TO THE ACQUIRED ASSETS, ANY OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY OTHER TRANSACTION DOCUMENT (INCLUDING ANY CONSENTS OR APPROVALS REQUIRED IN CONNECTION THEREWITH) OR THE CONDITION OR PROSPECTS (FINANCIAL OR OTHERWISE) OF, OR ANY OTHER MATTER INVOLVING, THE ACQUIRED ASSETS (INCLUDING WITH RESPECT TO (1) THE ACCURACY OR COMPLETENESS OF ANY INFORMATION REGARDING THE ACQUIRED ASSETS FURNISHED OR MADE AVAILABLE TO PURCHASER AND ITS REPRESENTATIVES, AND/OR (2) THAT THE ACQUIRED ASSETS ARE DELIVERED FREE OR RIGHTFUL CLAIM OF ANY THIRD PERSON AND (B) ALL OF THE ACQUIRED ASSETS TO BE TRANSFERRED OR THE ACQUIRED LIABILITIES TO BE ASSUMED OR TRANSFERRED, DIRECTLY OR INDIRECTLY, IN ACCORDANCE WITH THIS AGREEMENT OR ANY OTHER TRANSACTION DOCUMENT SHALL BE TRANSFERRED OR ASSUMED ON AN “AS IS, WHERE IS” BASIS, AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED. PURCHASER, TOGETHER WITH ITS ADVISORS, HAS MADE ITS OWN INVESTIGATION OF THE ACQUIRED ASSETS AND NON- INFRINGEMENT. MCOHOSTINGIS NOT RELYING ON ANY WARRANTIES, EXPRESS OR IMPLIED, PROVIDED ORALLY OR CONTAINED IN ANY MATERIALS PROVIDED BY SELLER OR ANY OF ITS OFFICERSAFFILIATES OR ANY OF THEIR RESPECTIVE REPRESENTATIVES OR OTHERWISE (INCLUDING ANY ITEMS MADE AVAILABLE TO PURCHASER IN THE ELECTRONIC DOCUMENTATION SITE ESTABLISHED BY SELLER, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT OTHER THAN AS EXPRESSLY PROVIDED IN ARTICLE 3 (IINCLUDING THE SCHEDULES THERETO) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITEAGREEMENT, IN DECIDING TO ENTER INTO THIS AGREEMENT OR THE OTHER TRANSACTION DOCUMENTS AND CLOSE THE TRANSACTIONS CONTEMPLATED HEREIN AND THEREIN. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN ARTICLE 3 OF THIS AGREEMENT (IIINCLUDING THE SCHEDULES THERETO) OR IN ANY OTHER TRANSACTION DOCUMENT, NONE OF THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE PARTIES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER PERSON MAKES ANY REPRESENTATION OR OTHERWISE) TO THIS SITE, AND MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO ANY INFORMATION, DOCUMENTS OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE ENTERING INTO OF THIS SITE AGREEMENT OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OTHER TRANSACTION DOCUMENTS OR ADVICETHE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY NOTWITHSTANDING ANYTHING TO THE FULLEST EXTENT PERMITTED BY LAWCONTRARY CONTAINED HEREIN, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteNOTHING IN THIS SECTION 4.6 SHALL LIMIT THE RIGHT OF PURCHASER TO SEEK ANY AVAILABLE REMEDY FOR INTENTIONAL FRAUD.

Appears in 1 contract

Samples: Asset Purchase Agreement (SAExploration Holdings, Inc.)

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