BUSINESS RISKS. THE ACKNOWLEDGING PARTY (A) IS A SOPHISTICATED PERSON, WITH SUBSTANTIAL EXPERIENCE IN THE OWNERSHIP AND OPERATION OF COMMERCIAL DEVELOPMENT PROJECTS; (B) RECOGNIZES THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT INVOLVE SUBSTANTIAL BUSINESS RISKS; AND (C) HAS MADE AN INDEPENDENT INVESTIGATION OF ALL ASPECTS OF THIS AGREEMENT SUCH PARTY DEEMS NECESSARY OR ADVISABLE. 18.7.3 NO ADDITIONAL REPRESENTATIONS OR WARRANTIES. NO PARTY HAS MADE ANY PROMISES, REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND WHATSOEVER TO ANY OTHER PARTY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, AND NO PERSON IS AUTHORIZED TO MAKE ANY PROMISES, REPRESENTATIONS, WARRANTIES OR GUARANTIES ON BEHALF OF A PARTY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT.
BUSINESS RISKS. Except as expressly provided in this Agreement, the Concessionaire shall carry out and perform its rights and obligations under this Agreement and the other Transaction Documents at its own cost and risk. The Concessionaire shall be fully responsible for and shall bear the financial, commercial and business risks in relation to the Project and all its rights and obligations under or pursuant to this Agreement and the other Transaction Documents.
BUSINESS RISKS. NJNG is subject to a number of ongoing business risks. These risks and the RMC’s approved strategies to mitigate these risks are identified below.
BUSINESS RISKS. THE ACKNOWLEDGING PARTY (A) IS A SOPHISTICATED PERSON, WITH SUBSTANTIAL EXPERIENCE IN THE OWNERSHIP AND OPERATION OF HOTELS AND CASINOS; (B) RECOGNIZES THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT INVOLVE SUBSTANTIAL BUSINESS RISKS; AND (C) HAS MADE AN INDEPENDENT INVESTIGATION OF ALL ASPECTS OF THIS AGREEMENT SUCH PARTY DEEMS NECESSARY OR ADVISABLE.
BUSINESS RISKS. Termination TxDOT may terminate for public convenience at any time. TxDOT must pay the Maintenance Contractor amounts owing for services performed through the termination date plus reasonable costs to terminate subcontracts not assigned to TxDOT and other reasonable settlement costs. Liquidated Damages Maintenance Contractor agrees to pay TxDOT Liquidated Damages for Lane Closures in an amount set forth in the CMA as deemed compensation to TxDOT resulting from Maintenance Contractor’s failure to meet the Lane Closure restrictions in the Contract Documents. Warranties The Warranty Period for Maintenance Services shall commence at the conclusion of the Maintenance Term during which the Maintenance Services were provided. All Warranties shall remain in effect until one year after the conclusion of the final Maintenance Term. Extended Warranties apply to repaired, replaced or corrected Work, not to exceed two years after the expiration or termination of this CMA. Transfer Protocol Maintenance Contractor, within 240 Days after issuance by TxDOT of Maintenance NTP1, shall submit to TxDOT, for TxDOT’s review and approval, a Maintenance Transition Plan. At the expiration of the Maintenance Term or any earlier termination of the CMA, Maintenance Contractor shall ensure and certify that the Maintenance Elements meet the Asset Condition Score requirements. Default CMA defines and provides for defaults and remedies. Indemnification Maintenance Contractor indemnifies TxDOT for: Errors, omissions, negligence, recklessness, willful misconduct or breach of contract by Maintenance Contractor or any member of Maintenance Contractor Group; Breach of the P3A by the Maintenance Contractor; Failure to comply with applicable laws or governmental approvals by any Maintenance Contractor-Related Entity; Maintenance Contractor's patent or copyright infringement or other misappropriation of trade secrets; Maintenance Contractor’s failure to pay sales, use, income and gross receipts taxes; Any stop notices and /or liens and costs to discharge them, including attorneys' fees and costs; Release of hazardous substances on the right of way or elsewhere; release due to acts, omissions, negligence, willful misconduct, recklessness or breach by any Maintenance Contractor-Related Entity; Maintenance Contractor's delay, disruption, inconvenience or interference with work performed by other contractors; Breach or failure to perform an obligation owed to a third person, including Governmental En...
BUSINESS RISKS. Except as expressly provided in this Agreement, the Authorisee shall carry out and perform its rights and obligations under this Agreement and the other Transaction Documents at its own cost and risk. The Authorisee shall be fully responsible for and shall bear the financial, commercial and business risks in relation to the Project and all its rights and obligations under or pursuant to this Agreement and the other Transaction Documents.
BUSINESS RISKS. Franchisee acknowledges and agrees that: (i) it has conducted an independent investigation of the business contemplated by this Agreement; (ii) it understands that such business involves business risks; and (iii) it understands that making a success of Franchisee’s Restaurant depends largely on Franchisee’s business skill, effort, and business acumen.
BUSINESS RISKS. There is a probability that the Token PNT may get depreciated, which may happen for different reasons. The Company does not give any guarantees that the Application will be on high demand or promises / representations that Token will increase in price. PHENOM PLATFORM also does not give any guarantees that Token will be used outside the Platform, as PNT is a Utility token;
BUSINESS RISKS. As in any business venture, the Joint Venture is subject to inherent risk in business and industry including but not limited to those associated with changes in the economic, political and regulatory conditions such as changes to government policies and administration, interest rates, taxes and exchange control regulations. In addition, there is no assurance that the anticipated benefits of the Joint Venture will be realised or that the Company will be able to generate sufficient revenues from the Joint Venture to offset the associated costs incurred. Nevertheless, Xxxxxxx will continue to exercise due care in considering the risks and benefits associated with the Joint Venture and will undertake appropriate measures to mitigate the various business risks identified.
BUSINESS RISKS. This press release contains forward-looking statements based on current expectations, forecasts and assumptions that involve risks and uncertainties that could cause actual outcomes and results to differ materially. These risks and uncertainties include, without limitation: risks associated with our liquidity situation, including our failure to obtain additional capital or extend or refinance debt maturities; risks associated with our failure to reduce our significant level of indebtedness; risks associated with the timing and consequences of loan defaults and non-core asset dispositions; risks associated with our loan modification and asset disposition efforts, including potential tax ramifications; risks associated with our ability to dispose of properties with potential value above the debt, if and when we decide to do so, at prices or terms set by or acceptable to us; general risks affecting the real estate industry (including, without limitation, the market value of our properties, the inability to enter into or renew leases at favorable rates, dependence on tenants’ financial condition, and competition from other developers, owners and operators of real estate); risks associated with the continued disruption of credit markets or a global economic slowdown; risks associated with the potential loss of key personnel (most importantly, members of senior management); risks associated with our failure to maintain our status as a REIT under the Internal Revenue Code of 1986, as amended, and possible adverse changes in tax and environmental laws; and potential liability for uninsured losses and environmental contamination. For a further list and description of such risks and uncertainties, see our Annual Report on Form 10-K filed on March 15, 2012 with the Securities and Exchange Commission. The Company does not update forward-looking statements and disclaims any intention or obligation to update or revise them, whether as a result of new information, future events or otherwise. CONTACT: MPG Office Trust, Inc. Xxxxx Xxxxxxx Executive Vice President, Investor and Public Relations
