Common use of Acknowledgments and Representations Clause in Contracts

Acknowledgments and Representations. FRANCHISEE acknowledges that he (or its owners) has read this Agreement and COMPANY's Franchise Offering Circular and that he (or its owners) understands and accepts the terms, conditions and covenants contained in this Agreement as being reasonably necessary to maintain COMPANY's high standards of quality and service and the uniformity of those standards at all TREATS Stores in order to protect and preserve the goodwill of the Marks. FRANCHISEE acknowledges that he (or its owners) has conducted an independent investigation of the business contemplated by this Agreement and recognizes that, like any other business, the nature of the business conducted by TREATS Stores may evolve and change over time, that an investment in a TREATS Store involves business risks and that the success of the venture is largely dependent upon the business abilities and efforts of FRANCHISEE. COMPANY expressly disclaims the making of, and FRANCHISEE acknowledges that he (or its owners) has not received or relied upon, any warranty or guaranty, express or implied, as to the revenues, profits, or success of the business venture contemplated by this Agreement. FRANCHISEE acknowledges that he (or its owners) has not received or relied on any representations of COMPANY, or its officers, directors, employees or agents, relating to the business venture contemplated by this Agreement, that are inconsistent with the statements made in COMPANY's Franchise Offering Circular or to the terms herein. FRANCHISEE further represents to COMPANY, as an inducement to its entry into this Agreement, that FRANCHISEE has made no misrepresentations in obtaining the franchise granted under this Agreement. FRANCHISEE has applied for a franchise to own and operate a TREATS Store at the location specified hereinbelow, and such application has been approved by COMPANY in reliance upon all the representations made in such application.

Acknowledgments and Representations. FRANCHISEE acknowledges SBMS and AGENT acknowledge that he (or its owners) has they have read this Agreement and COMPANY's Franchise Offering Circular understand and that he (or its owners) understands and accepts accept the terms, conditions and covenants contained in this Agreement herein as being reasonably necessary to maintain COMPANY's SBMS' high standards of quality for CRS and service and the uniformity of those standards at all TREATS Stores in order other Services, thereby to protect and preserve the goodwill of the SBMS' CRS, Services and its Marks. FRANCHISEE AGENT has read and understands the obligations imposed by the FCC upon CRS licensees and their duties to SBMS as specified in Section 22.9l2 of the FCC's cellular rules. AGENT acknowledges that he (SBMS' ability to provide CRS and other Services is conditioned upon the continuing validity of its FCC operating license(s) and any other required licenses, certificates and permits, and may be affected by state and federal court decisions and regulatory approvals. SBMS makes no representation concerning whether said licenses, certificates, and permits will continue to be valid. AGENT agrees that if SBMS is prohibited from, or its owners) otherwise ceases selling an Authorized Service in the Area, SBMS may declare this Agreement null and void as to any or all Authorized Services with no penalty. AGENT acknowledges that it has conducted an independent investigation of the business contemplated by this Agreement of selling CRS and recognizes that, like any other business, the nature Services that it will conduct pursuant to this Agreement. AGENT recognizes that entry into business as an AGENT of the business conducted by TREATS Stores may evolve and change over time, that an investment in a TREATS Store SBMS involves business risks and that the AGENT'S success of the venture is largely dependent in such business will depend primarily upon the business its abilities and efforts of FRANCHISEEefforts. COMPANY SBMS expressly disclaims the making of, and FRANCHISEE AGENT acknowledges that he (or its owners) it has not received or relied upon, any warranty or guaranty, express or implied, as to the revenues, profits, amount of commissions or success other gross revenue that it may earn as a result of the business venture contemplated by this Agreement. FRANCHISEE its agency relationship with SBMS and acknowledges that he (or its owners) it has not received or relied on no knowledge of any representations of COMPANY, or its officers, directors, employees or agents, relating to the business venture contemplated its agency relationship with SBMS by this Agreementan officer, employee or agent of SBMS that are inconsistent with the statements made in COMPANY's Franchise Offering Circular or contrary to the terms herein. FRANCHISEE further AGENT represents to COMPANYSBMS, as an inducement to its entry into this Agreement, that FRANCHISEE AGENT has made no misrepresentations to SBMS in obtaining its application for appointment as a nonexclusive, Authorized Agent of SBMS or in any other manner. AGENT and SBMS mutually agree that they shall not have any liability to the franchise granted under this Agreement. FRANCHISEE has applied other for a franchise to own and operate a TREATS Store at any lost profits, consequential, or special damages even if advised of the location specified hereinbelow, and possibility of such application has been approved by COMPANY in reliance upon all the representations made in such applicationdamages.

Acknowledgments and Representations. FRANCHISEE a. Executive acknowledges and agrees that he (or its owners) has read the obligations of the Company and Liberty under this Agreement and COMPANY's Franchise Offering Circular are not funded in any way, and that he (will have rights only of a creditor based solely on the Company's and Liberty's unsecured promise to pay. Because Executive has not made an investment in shares of Common Stock or Liberty Stock, Executive acknowledges and agrees that the he has a right to benefit from further appreciation in such Common Stock or Liberty Stock without risking any capital and without the risk of a beneficial owner that the value of property may decline substantially. Executive further acknowledges and agrees that the grants of Deferred Compensation Per Share Appreciation and SAR Per Share Appreciation under this Agreement are not an assurance of continued employment by the Company or any of its owners) understands Affiliates, and accepts the terms, conditions and covenants contained nothing in this Agreement as being reasonably necessary to maintain COMPANY's high standards will affect in any way the rights and obligations of quality either party under the Employment Agreement. b. Executive represents and service warrants that (i) by virtue of his position with the Company or based on information furnished by the Company he is familiar with the business, earnings, condition, properties and the uniformity of those standards at all TREATS Stores in order to protect and preserve the goodwill business prospects of the Marks. FRANCHISEE acknowledges Company, (ii) he has had the opportunity to ask questions and request additional information concerning the business, earnings, condition, properties and business prospects of the Company and Liberty and that his questions have been answered and that he has received the additional information requested, (or its ownersiii) he has conducted an independent investigation of the such knowledge and experience in financial and business contemplated by this Agreement and recognizes that, like any other business, the nature of the business conducted by TREATS Stores may evolve and change over time, that an investment in a TREATS Store involves business risks and that the success of the venture is largely dependent upon the business abilities and efforts of FRANCHISEE. COMPANY expressly disclaims the making of, and FRANCHISEE acknowledges matters that he (or its owners) has not received or relied upon, any warranty or guaranty, express or implied, as to is capable of evaluating the revenues, profits, or success merits and risks of the business venture contemplated by this Agreement. FRANCHISEE acknowledges that he (or its owners) has not received or relied on any representations of COMPANY, or its officers, directors, employees or agents, relating to the business venture contemplated by this Agreement, that are inconsistent with the statements made in COMPANY's Franchise Offering Circular or to the terms herein. FRANCHISEE further represents to COMPANY, as an inducement to its entry entering into this Agreement, (iv) he is an "accredited investor" (as such term is defined in Regulation D promulgated under the Act) and (v) he understands that FRANCHISEE has made no misrepresentations the Company and Liberty are entering into this Agreement in obtaining reliance on the franchise granted under acknowledgments, agreements, representations and warranties of Executive set forth in this Agreement. FRANCHISEE has applied for a franchise To the extent the issuance of the shares of Common Stock is not then registered pursuant to own the Act, Executive acknowledges and operate a TREATS Store at agrees that he will make such additional representations and warranties that the location specified hereinbelowCompany may reasonably request to support an exemption pursuant to Section 4(2) of such Act, including with respect to Executive's investment intent, investor status and such application has been approved restrictions on transfer. c. Executive represents and warrants that Executive's total assets (as determined in accordance with 16 C.F.R. ss.sx. 001.1(a) through (c) and 801.11) are less than $10,000,000 and his annual net sales (as determined in accordance with 16 C.F.R. ss.sx. 001.1(a) through (c) and 801.11) are less than $10,000,000. Executive agrees that upon issuance of Common Stock pursuant to this Agreement he will make the foregoing representation and warranty upon request by COMPANY in reliance upon all the representations made in such applicationCompany prior to the date the Common Stock is issued, to the extent he is able to do so.