Bargaining Position. Buyer expressly acknowledges and recognizes that the price for which the Seller Parties have agreed to sell the Assets and perform their obligations under the terms of this Agreement has been predicated upon the inapplicability of the Texas Deceptive Trade Practices—Consumer Protection Act, V.C.T.A. BUS & COMM Xxx. § 17.41 et seq. (the “DTPA”), or any similar statute, and this waiver of the DTPA, and any similar statute, by Buyer. BUYER FURTHER RECOGNIZES THAT THE SELLER PARTIES, IN DETERMINING TO PROCEED WITH ENTERING INTO THIS AGREEMENT, HAVE EXPRESSLY RELIED ON THE PROVISIONS OF THIS ARTICLE 5.
Bargaining Position. The Parties agree that this Article IX and the limits imposed on each Party’s remedies with respect to this Agreement and the transactions contemplated hereby were specifically bargained for between sophisticated parties and were specifically taken into account in the determination of the amount of the Purchase Price.
Bargaining Position. Purchaser and Seller each hereby acknowledge, represent and warrant that neither Seller nor Purchaser is in a disparate bargaining position with respect to the other party in connection with the transactions contemplated hereby, that both Seller and Purchaser each freely and fairly agreed to the waivers, conditions and other terms of this Agreement as part of the negotiations of this Agreement, and Seller and Purchaser has been represented by adequate, independent legal counsel in connection herewith and has conferred with such legal counsel concerning the waivers, conditions and other terms of this Agreement.
