Common use of Assumption of Risk; Investigation of Facts Clause in Contracts

Assumption of Risk; Investigation of Facts. (a) Each party hereby expressly assumes the risk of any mistake of fact or that the true facts might be other than or different from the facts now known or believed to exist, and it is each party’s express intention to forever settle, adjust and compromise any and all disputes between and among the party and the Releasees, finally and forever, and without regard to who may or may not have been correct in their respective understandings of the facts or the law relating thereto. (b) In making and executing this Agreement, each party represents and warrants that the party has made such investigation of the facts and the law pertaining to the matters described in this Agreement as that party deems necessary, and said party has not relied upon any statement or representation, oral or written, made by any other party to this Agreement with regard to any of the facts involved in any dispute or possible dispute between the parties hereto, or with regard to any of the party’s rights or asserted rights, or with regard to the advisability of making and executing this Agreement.

Appears in 3 contracts

Samples: Separation Agreement (Miller Energy Resources, Inc.), Separation Agreement (Peoples Liberation Inc), Separation Agreement (Peoples Liberation Inc)

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Assumption of Risk; Investigation of Facts. (a) Each party hereby expressly assumes the risk of any mistake of fact or that the true facts might be other than or different from the facts now known or believed to exist, and it is each party’s 's express intention to forever settle, adjust and compromise any and all disputes between and among the party and the Releasees, finally and forever, and without regard to who may or may not have been correct in their respective understandings of the facts or the law relating thereto. (b) In making and executing this Agreement, each party represents and warrants that the party has made such investigation of the facts and the law pertaining to the matters described in this Agreement as that party deems necessary, and said party has not relied upon any statement or representation, oral or written, made by any other party to this Agreement with regard to any of the facts involved in any dispute or possible dispute between the parties hereto, or with regard to any of the party’s 's rights or asserted rights, or with regard to the advisability of making and executing this Agreement.

Appears in 2 contracts

Samples: Separation Agreement (National Coal Corp), Separation Agreement (National Coal Corp)

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Assumption of Risk; Investigation of Facts. (a) Each party The Releasing Parties hereby expressly assumes assume the risk of any mistake of fact or that the true facts might be other than or different from the facts now known or believed to exist, and it is each party’s the Releasing Parties’ express intention to forever settle, adjust and compromise any and all disputes between and among the party Releasing Parties and the ReleaseesReleasees with respect to the Released Matters, finally and forever, and without regard to who may or may not have been correct in their respective understandings of the facts or the law relating thereto. (b) . In making and executing this Agreement, each party Releasing Party jointly and severally represents and warrants warrants, individually and on behalf of its Affiliates, that the party has such parties have made such investigation of the facts and the law pertaining to the matters described in this Agreement as that party deems they deem necessary, and said party has have not relied upon any statement or representation, oral or written, made by any other party to this Agreement the Releasees with regard respect to any of the facts involved in any dispute or possible dispute between the parties hereto, or with regard respect to any of the party’s their rights or asserted rights, or with regard respect to the advisability of making and executing this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Blue Holdings, Inc.)

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