Acknowledgment and Disclaimer Sample Clauses

Acknowledgment and Disclaimer. Purchaser acknowledges that it has not relied on any financial representations from Broker, its agents, or employees concerning the financial status of the subject business, and that Purchaser is responsible for satisfying itself independent of the Broker, its agents, and employees as to the past, present, and future profitability of the business.

Acknowledgment and Disclaimer. (a) Except for representations and warranties expressly set forth in this Agreement, Buyer acknowledges and agrees that neither Seller, nor Silarx nor Stoneleigh nor anyone acting on their behalf makes any express or implied representations or warranties with respect to Seller, Silarx, Stoneleigh, their businesses of their assets, including, without limitation, accuracy and completeness, capacity, suitability, utility, salability, availability, profitability, collectability and operation. Notwithstanding anything herein to the contrary, but without limitation of any representation or warranty expressly contained in this Agreement or any other Related Agreement, Seller makes no other (and hereby disclaims each other) representation. (b) Without limiting the representations and warranties contained in Article III hereof or in any way limiting Buyer’s rights, and subject to Section 8.08 below, Buyer acknowledges and agrees that it (i) has made its own inquiry of and investigation into, and has completed its own analysis and evaluation of, the Company and the Subsidiaries, and based thereon has formed an independent judgment concerning Silarx and the Stoneleigh, and (ii) has made all such reviews and inspections of the financial condition, business, results of operations, properties, assets and prospects of Silarx and the Stoneleigh as it deemed necessary or appropriate. (c) Without limiting the representations and warranties contained in Article IV hereof or in any way limiting Seller’s rights, Seller acknowledges and agrees that Buyer, is a publicly traded company and that Seller has had access to all information available to the public concerning Buyer and made such investigations as they have deemed necessary.

Acknowledgment and Disclaimer. Owner and Contractor acknowledge that Owner: (i) will not enter into, and may not hereafter enter, into pozzolan supply contracts with other suppliers and contractors; (ii) may not mine and remove pozzolan from the Property in competition with Contractor; and (iii) will not engage other contractors, or may not otherwise grant to other persons or entities the right, to mine and remove Pozzolan from the Property in competition with Contractor. Contractor further acknowledges that: (1) Owner, in its sole and absolute discretion, may allocate among its Pozzolan supply contracts the Pozzolan mined by Contractor. Owner concedes obligation and duty to allocate all quantities of the Pozzolan produced by Contractor hereunder to any Pozzolan supply contract held by the Owner; and Contractor acknowledges that it is not a third party beneficiary to any Pozzolan supply contract to which Owner is or may be a party.

Acknowledgment and Disclaimer. ▇▇▇▇▇▇▇ agrees that it will acknowledge MHCF’s support in any materials produced pursuant to this Agreement and whenever activities funded, in whole or in part, by this Agreement are publicized by Grantee in videos, brochures, articles, seminars or other types of promotional material. To accomplish this, ▇▇▇▇▇▇▇ shall include in any draft or final publication resulting from work performed under this Grant an acknowledgement substantially as follows: “This [publication, report, seminar, etc.] was funded by a grant from the Montana Healthcare Foundation. [Grantee Name] is solely responsible for the statements and conclusions included in this [publication, report, seminar, etc.].” Grantee agrees that MHCF may include information regarding this Grant in MHCF’s periodic public reports.

Acknowledgment and Disclaimer. Contractor acknowledges that Owner: (i) may have entered, and may hereafter enter, into coal supply contracts which vary widely in terms and economic benefit to other suppliers and contractors; (ii) may mine and remove coal from the Property in competition with Contractor; and (iii) may engage other contractors, or may otherwise grant to other persons or entities the right, to mine and remove coal from the Property in competition with Contractor; provided, however, that neither Owner nor any other person or entity may mine and remove, or engage other contractors, or grant to other persons or entities the right, to mine and remove the Coal during the Term hereof. Contractor further acknowledges that: (1) Owner, in its sole and absolute discretion, may allocate among its coal supply contracts the Coal mined by Contractor and other coal mined or otherwise obtained by Owner; and (ii) Owner may favor itself or any contractor or other person or entity in such allocation. Owner disclaims any express or implied obligation or duty to allocate any specific quantity of the Coal produced by Contractor hereunder to any coal supply contract; and Contractor acknowledges that it is not a third party beneficiary to any coal supply contract to which Owner is or may be a party.

Acknowledgment and Disclaimer. (a) ODIT understands and agrees that, except as specifically set forth in Articles II and III of this Agreement, none of the Transferors, the BODI Fund I GP, any of their respective Affiliates or any of their respective officers, directors, managers, employees, agents or representatives are making any representations or warranties, whether implied or express, with respect to themselves, their investors, the Transferred Assets, any Acquired REIT, any due diligence materials provided to any limited partner or member of the Transferors, any financial estimates or projections, or the Transactions, and ODIT confirms, on behalf of itself and its limited partners, that it has not relied on, and shall have no recourse (including under Article X) against any of the Transferors, the BODI Fund I GP, any of their respective Affiliates or any of their respective officers, directors, managers, employees, agents or representatives in respect of, any other statements, materials, representations or warranties other than those specifically set forth in Articles II and III of this Agreement. (b) Each Party has conducted its own independent evaluation and made its own analysis as it has deemed necessary, prudent or advisable based on the information made available to it by such other Parties in order for such Party to make its own determination and decision to acquire or sell (as applicable) the Transferred Assets, to enter into this Agreement and consummate the Transactions. It is understood and agreed by ODIT, on behalf of itself and its limited partners, that any financial estimates or projections contained or referred to in this Agreement, the Transferors’ financial reports, valuation reports, summaries or any other document which otherwise has been prepared by any of the Transferors, the BODI Fund I GP or any of their respective Affiliates (including any Acquired REIT) and their respective agents or representatives and made available to ODIT or their respective agents and representatives, are not and shall not be deemed to be representations or warranties of the Transferors, the BODI Fund I GP or any of their respective Affiliates (including any Acquired REIT), or any of their respective agents and representatives (except to the extent specifically set forth in a representation or warranty in Articles II and III of this Agreement). Each Party further acknowledges and agrees that there are uncertainties inherent in attempting to make such estimates and projections, and th...

Acknowledgment and Disclaimer. IT IS ACKNOWLEDGED THAT PURCHASER HAS HAD OR SHALL HEREAFTER HAVE AMPLE OPPORTUNITY TO INVESTIGATE ALL ASPECTS OF THE PROPERTY AND TO OBTAIN KNOWLEDGE OF ALL ATTRIBUTES CONCERNING SUCH PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 12, THE PROPERTY SHALL BE CONVEYED TO PURCHASER ON AN “AS-IS, WHERE-IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, EITHER ORAL OR WRITTEN, MADE BY SELLER OR ANY AGENT OR REPRESENTATIVE OF SELLER WITH RESPECT TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE PHYSICAL OR STRUCTURAL CONDITION OF THE PROPERTY, THE PROPERTY’S COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, OR WITH RESPECT TO THE EXISTENCE OR ABSENCE OF TOXIC OR HAZARDOUS MATERIALS, SUBSTANCES OR WASTES, ASBESTOS OR ASBESTOS CONTAINING MATERIALS, OR STORAGE TANKS IN, ON, UNDER, ABOUT OR AFFECTING THE PROPERTY AND THAT SELLER HAS MADE AND HEREBY MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER AND HEREBY DISCLAIMS ANY IMPLIED WARRANTY REGARDING THE FITNESS FOR A PARTICULAR PURPOSE, QUALITY OR MERCHANTABILITY OF THE LAND, THE IMPROVEMENTS, THE PERSONAL PROPERTY OR ANY PORTION THEREOF. PURCHASER REPRESENTS AND WARRANTS TO SELLER THAT (A) PURCHASER IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION; (B) PURCHASER IS REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE SALE CONTEMPLATED BY THIS AGREEMENT; (C) PURCHASER IS KNOWLEDGEABLE AND EXPERIENCED IN THE PURCHASE, OWNERSHIP AND SALE OF COMMERCIAL REAL ESTATE AND IS FULLY ABLE TO EVALUATE THE MERITS AND RISKS OF THIS TRANSACTION; AND (D) PURCHASER HAS CONDUCTED (OR WILL HEREAFTER CONDUCT) OR HAD THE OPPORTUNITY TO CONDUCT (OR WILL HEREAFTER HAVE THE OPPORTUNITY TO CONDUCT) ITS OWN INSPECTION AND INVESTIGATION OF THE PROPERTY.

Acknowledgment and Disclaimer. I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS FORM ARE TRUE. The information you provide on this form is for Community Development Block Grant (CDBG) program purposes only and will be kept confidential.