Absence of Warranties. The parties expressly agree that no warranty shall be implied under this Agreement, whether warranties of utility or of fitness for any particular purpose or of merchantability or of any other type and, further, that no warranties of any sort are made herein.
Absence of Warranties. Except as otherwise provided herein, FRANCHISOR does not make any warranties or guarantees upon which DEVELOPER may rely, and assumes no liability or obligation to DEVELOPER, by providing any waiver, approval, consent or suggestion to DEVELOPER in connection with this Agreement, or by reason of any neglect, delay or denial or any request therefor.
Absence of Warranties. Lessee, as the prior owner of the Land and the party that constructed (or caused the construction of) the Improvements, now leases the Premises after a full and complete examination thereof, as well as the title thereto and knowledge of its present uses and all restrictions on use. Lessee accepts the Premises in the condition or state in which they exist as of the Commencement Date without any representation or warranty, express or implied in fact or by law, by Lessor and without recourse to Lessor, as to the title, the nature, condition, or usability of the Premises or the use or uses to which the Premises or any part thereof may be put.
Absence of Warranties. Tenant has leased the Premises after a full and complete examination thereof, as well as the title thereto. Except as provided in Section 1 or Section 26 of this Lease, or the Development Agreement: (a) Tenant accepts the same in the condition or state existing as of the Commencement Date without any representation or warranty, express or implied in fact or by law, by Landlord and without recourse to Landlord, as to the title thereto, the nature, condition, or usability thereof or the use or uses to which the Premises or any part thereof may be put; (b) Landlord shall not be required to furnish any services or facilities or to make any repairs or alterations in or to the Premises or to provide any off-site improvements, such as utilities or paving, or other forms of access to the Premises; and (c) Tenant hereby assumes the full and sole responsibility for the condition, construction, operation, repair, demolition, replacement, maintenance, and management of the Premises, including but not limited to the performance of all burdens running with the land.
Absence of Warranties. FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE RELATING TO THE MINI PITCH OR ANY COMPONENT PART THEREOF, OR ANY OTHER ENTITIES AND THEIR ASSOCIATED SERVICES. EXCEPT IN THE EVENT OF NEGLIGENCE OR WRONGFUL MISCONDUCT ON THE PART OF FOUNDATION, FOUNDATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR PERFORMANCE OF THE OBLIGATIONS HEREUNDER.
Absence of Warranties. Xxxxx and the Seller make no warranties or guarantees, expressed or implied, as to the title, condition, utility, genuineness, authenticity, defect, merchantability or fitness for any particular purpose(s) of any LOT. Neither Xxxxx nor the Seller shall be liable for any inaccurate, incomplete or incorrect description, fault or defect in any LOT. ALL SALES BY XXXXX AND THE SELLER OF THE LOTS WILL BE “AS IS”, “WHERE IS”, WITH ALL FAULTS, LATENT AND PATENT, WITHOUT REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET INFRINGEMENT. The Accepted Buyer represents that the Purchase Price for any LOT is based solely on Accepted Buyer’s own independent inspection and evaluation of that LOT. As a material inducement to this Agreement, the Accepted Buyer (1) has undertaken to make her/his/its own examination, inspection and evaluation of any LOT before submitting or negotiating a bid; and (2) assumes any and all risk of any non-conformities in any LOT. The Accepted Buyer further acknowledges that she/he/it has not relied upon any assumptions regarding Xxxxx’x or the Seller’s knowledge concerning the LOT nor upon any representations by Xxxxx or the Seller, including, without limitation, any representations as to condition, year or age, serial or vehicle identification number, make, model, mileage, equipment, genuineness or authenticity, originality, title, previous use or ownership, manufacturing or restoration processes of any LOT or any component of any LOT.
Absence of Warranties. EXCEPT AS PROVIDED IN SECTION 2, FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE RELATING TO THE MINI PITCHOR ANY COMPONENT PART THEREOF, OR ANY OTHER ENTITIES AND THEIR ASSOCIATED SERVICES. IN NO EVENT WILL FOUNDATION BE LIABLE FOR DAMAGES FOR LOST PROFITS, OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR PERFORMANCE OF THE OBLIGATIONS HEREUNDER.
Absence of Warranties. MRG ACKNOWLEDGES THAT IT HAS INSPECTED THE EQUIPMENT, THAT MINIMED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, QUALITY OR OTHERWISE OF THE EQUIPMENT AND THAT MRG IS LEASING THE EQUIPMENT AND, IF MINIMED EXERCISES ITS RIGHT UNDER SECTION 2.4, MRG WILL BE PURCHASING THE EQUIPMENT "AS IS." MINIMED SHALL HAVE NO OBLIGATION TO INSTALL, ERECT, TEST, ADJUST OR SERVICE THE EQUIPMENT. NO DEFECT OR UNFITNESS OF THE EQUIPMENT SHALL RELEASE MRG OF THE OBLIGATION TO PAY RENT OR OF ANY OTHER OBLIGATION UNDER THIS AGREEMENT.
Absence of Warranties. MRG ACKNOWLEDGES THAT MINIMED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR ANY PURPOSE, MERCHANTABILITY, CONDITION, QUALITY OR OTHERWISE OF THE INVENTORY AND THAT MRG IS PURCHASING THE INVENTORY "AS IS." EXCEPT AS PROVIDED IN THIS SECTION 3.4 BELOW, MINIMED SHALL HAVE NO OBLIGATION TO INSTALL, ERECT, TEST, ADJUST, REPAIR OR TAKE BACK ANY OF THE INVENTORY. EXCEPT AS PROVIDED IN THIS SECTION 3.4 BELOW, NO DEFECT, LACK OF MERCHANTABILITY OR SUITABILITY, UNFITNESS FOR ANY PURPOSE OR OTHER CONDITION OR QUALIY OF THE INVENTORY SHALL RELEASE MRG OF THE OBLIGATION TO PAY ANY AMOUNT OR PERFORM ANY OBLIGATION UNDER THIS AGREEMENT.
3. In the event of a purchase pursuant to Section 3.3 the purchase price will be reduced by the carrying value of the damaged or defective inventory on the books of MiniMed immediately prior to the consummation of any such purchase. If the purchase price has already been consummated at the time the 30 day period expires, the adjustment shall be made in the balance of the promissory note delivered pursuant to Section 2.4, effective as of the date of the note, and MiniMed will sign such acknowledgement or agreement as to the reduction in the principal balance of the note as MRG may reasonably request.
Absence of Warranties. (a) EXCEPT AS PROVIDED IN THIS AGREEMENT (OR IN THIS OR ANY OTHER EXHIBIT THERETO), THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY PYRAMID IN CONNECTION WITH ITS PROVISION OF THE EDUCATIONAL SERVIES COVERED BY THIS AGREEMENT.
