ACKNOWLEDGMENTS BY PURCHASER Sample Clauses

ACKNOWLEDGMENTS BY PURCHASER. The Purchaser specifically acknowledges and agrees that it has been provided with a copy of a letter from the New South Wales Department of Mineral Resources to the Vendor dated 4 June 2004 (“Letter”) indicating that all mining leases for coal are to be amended to include a condition requiring leaseholders to prepare a Subsidence Management Plan prior to commencing underground mining operations which would potentially lead to subsidence of the land surface, effective on and from 18 March 2004, as more fully described in the Letter. The Purchaser acknowledges and agrees that the Mining Tenements will be transferred to the Purchaser subject to the requirements set out in the Letter and the Purchaser will be responsible for complying with the requirements set out in the Letter.

ACKNOWLEDGMENTS BY PURCHASER. The Purchaser acknowledges that the Purchaser does not rely and it is unreasonable for the Purchaser to rely on the skill or judgment of the Seller as to whether the goods supplied are reasonably fit for any purpose for which they are being acquired, and that the sale is not a sale of goods by description or sample.

ACKNOWLEDGMENTS BY PURCHASER. The Purchaser acknowledges and agrees that it has conducted its own independent review and analysis of the Acquired Companies and their respective business, assets, financial condition, results of operations and prospects. The Purchaser acknowledges that it is an informed and sophisticated purchaser, and has engaged expert advisors and representatives, experienced in the evaluation and purchase of companies, property and assets such as the Acquired Companies, and their businesses, properties and assets. The Purchaser acknowledges that it has relied solely upon its own investigation and the express representations and warranties set forth in this Agreement and the Ancillary Agreements.

ACKNOWLEDGMENTS BY PURCHASER. 3.1 Delivery of Due Diligence Items. Purchaser acknowledges that Seller has previously delivered the following:

ACKNOWLEDGMENTS BY PURCHASER. 5.1 The Purchaser acknowledges that: 5.1.1 He/she has acquainted himself with the nature, condition, beacons, extent and locality of the Property; and 5.1.2 the Property is sold : 5.1.2.1 to the extent as it now lies, voetstoots, without any warranties whether express or implied and the Seller shall not be liable for any defects whether latent or otherwise in the Property nor for damages suffered by the Purchaser by reason of such defects; and 5.1.2.2 subject to all conditions and servitudes mentioned or referred to in the said sectional plan, in the current and/or prior title deeds of the property, the body corporate, any restrictions that may be imposed by the local authority or any town planning scheme applicable thereto and any lease agreement (if applicable). 5.2 The parties agree that the Purchaser will have no claim whatsoever against the Seller for any deficiency in the size of the Property which may be revealed on a re-survey nor shall the Seller benefit from any possible excess. If the Property has been erroneously described herein such mistake shall not be binding on the Seller but the description of the Property as set out in the title deed shall apply and the parties agree to rectification herein to reflect the true intentions of the parties. 5.3 The Seller does not warrant the condition of the Property or the use thereof for any purpose and the Purchaser acknowledges that he was not induced to enter into this Agreement by any representations that may have been made by or on behalf of the Seller (except as set out in this Agreement).

ACKNOWLEDGMENTS BY PURCHASER. (a) Purchaser acknowledges that the representations and warranties contained in Article IV (as modified by the Disclosure Schedules) and the express representations and warranties contained in the other Transaction Documents are the only representations and warranties made by Seller with respect to the Seller Group, the Business, the Transferred Assets and the Transferred Liabilities and none of Seller, any Subsidiaries or Affiliates of Seller nor any other Person makes any other express, implied or statutory representation or warranty with respect to the Seller Group, the Business, the Transferred Assets, the Transferred Liabilities or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, enforceability or non-infringement, including as to (a) the physical condition or usefulness for a particular purpose of the real or tangible personal property included in the Transferred Assets, (b) the use of the Transferred Assets and the operation of the Business by Purchaser after the Closing in any manner other than as used and operated by Seller or its Subsidiaries, or (c) the probable or potential success or profitability of the ownership, use or operation of the Business by Purchaser after the Closing. Purchaser is not relying and has not relied on any representations or warranties whatsoever regarding the subject matter of this Agreement, express or implied, except for the representations and warranties in Article IV (as modified by the disclosure schedules) and the express representations and warranties contained in the other Transaction Documents. (b) In connection with the due diligence investigation of the Business and the Transferred Assets by Purchaser and its Affiliates, stockholders, directors, officers, employees, agents, representatives or advisors, Purchaser and its Affiliates, stockholders, directors, officers, employees, agents, representatives and advisors have received and may continue to receive after the date hereof from the Seller Group and its Affiliates, stockholders, directors, officers, employees, consultants, agents, representatives and advisors certain estimates, projections, forecasts and other forward-looking information, as well as certain business plan information, regarding the Seller Group and the Business. Purchaser hereby acknowledges that there are uncertainties inherent in attempting to make such estimates, projections, forecasts and other forward-looking statements, as well as...

ACKNOWLEDGMENTS BY PURCHASER. The PURCHASER acknowledges that: 3.1 The Sectional Plan has not been approved and that accordingly the exact and final boundaries and areas of the section and the exclusive use areas will be those shown on the sectional plan as finally approved; 3.2 He is aware that the SELLER will allow the purchasers of sections in the development to enjoy exclusive rights in respect of exclusive use areas relating to their units. 3.3 He has read and approved the plans and will be obliged to accept delivery of the unit and the exclusive use area completed substantially in accordance with the plans and as finally depicted and delineated on the sectional plan.

ACKNOWLEDGMENTS BY PURCHASER. The undersigned acknowledges that he/she/it has reviewed and is aware of all of the terms and conditions contained in the attached documents, namely, the Bylaws and the Encumbrances.