Buyer Acknowledgments Clause Samples

Buyer Acknowledgments. ▇▇▇▇▇ acknowledges and agrees to the following:

Buyer Acknowledgments a. Buyer acknowledges that the ▇▇▇▇▇▇▇ money deposit is non-refundable and that this contract is not contingent upon financing nor the property appraising for the purchase price. b. Buyer acknowledges that they have completed all inspections of the Real Estate prior to the date of this contract, and ▇▇▇▇▇ accepts the Real Estate in "existing condition" without further requirement or warranty from Seller. ▇▇▇▇▇ acknowledges that they have made all desired inspections of the Real Estate, is aware of the condition of the Real Estate, and has not relied upon any representations from Seller or Seller's agent(s) concerning the condition of the Real Estate. Seller neither offers nor extends any express or implied warranties with regard to the condition of the Real Estate. c. ▇▇▇▇▇ acknowledges that all information provided by Seller or Seller’s agents is from reliable sources, however, ▇▇▇▇▇▇ acknowledge that they verified any information that they relied upon to bid and purchase this property. Seller expressly disclaims any liability for errors, omissions or changes regarding information provided to Buyer prior to the Auction. ▇▇▇▇▇ acknowledges that they have not relied upon any representations made by Seller or Seller’s agents and that they relied upon their own inspections of the property and opinions from parties other than the Seller or Seller’s agents and that they conducted said inspections prior to the Auction. The buyer acknowledges that statements made prior to or during the auction take precedence over all printed material. d. Buyer further acknowledges that (i) neither Seller, nor any principal, agent, attorney, officer, employee, broker or other representation of Seller has made any representations or warranties of any kind whatsoever, either express or implied, with respect to the Property or any of such related matters, and (ii) that Buyer is not relying on any warranty, representation, or covenant, express or implied, with respect to the property and is buying the Property in its “as-in” condition with all faults. In particular, but without limitation, Seller makes no representations or warranties with respect to the use, condition, including without limitation the condition of the soils or groundwaters of the Property and the presence or absence of toxic materials or hazardous substances on or under the Property, occupation or management of the Property, compliance with applicable statutes, laws, codes, ordinances, regulations or requirements re...

Buyer Acknowledgments. Buyer’s delivery of an Approval Notice to Seller is Buyer’s acknowledgement that (i) it will have reviewed or have had adequate time and opportunity to review the Due Diligence Materials and conduct its diligence review of the Property and matters affecting the Property, (ii) certain of the Due Diligence Materials may have been prepared by parties other than Seller and Seller makes no representation or warranty of any kind whatsoever, express or implied, as to the accuracy or completeness of any Due Diligence Materials prepared by third parties, (iii) Buyer has not relied upon any representations or warranties by Seller or any Seller Related Party not specifically set forth in this Agreement or the Transaction Documents, and has made and relied solely on its own independent investigation, inspections, analyses, appraisals and evaluations of facts and circumstances affecting the Property and the transactions contemplated under this Agreement, and (iv) Buyer is a sophisticated purchaser, with experience in acquiring, owning and operating real property in the nature of the Property, and is familiar with, and freely undertakes, the risks associated with sale transactions that involve purchases based on limited information, representations and disclosures.

Buyer Acknowledgments. Buyer acknowledges the following: (i) Seller shall deliver electricity to the Utility and not to Buyer, the Utility will make all calculations and determinations regarding the amount of the Bill Credit to be applied to Buyer’s electric account, which calculations shall be made pursuant to CDG Program requirements, (ii) Buyer will continue to receive a bill from the Utility throughout the Term and Buyer remains responsible for paying all charges billed by the Utility, and (iii) Seller in no way assumes any liability for Buyer’s electric utility charges.

Buyer Acknowledgments. BUYER REPRESENTS THAT IT IS A KNOWLEDGEABLE, EXPERIENCED AND SOPHISTICATED BUYER OF REAL ESTATE AND THAT IT HAS RELIED AND SHALL RELY SOLELY ON (I) ITS OWN EXPERTISE AND THAT OF BUYER'S CONSULTANTS IN PURCHASING THE PROPERTY, AND (II) BUYER'S OWN KNOWLEDGE OF THE PROPERTY BASED ON ITS INVESTIGATIONS AND INSPECTIONS OF THE PROPERTY. BUYER HAS CONDUCTED, OR BY THE CLOSING WILL CONDUCT, SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY AS BUYER DEEMED OR SHALL DEEM NECESSARY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL RELY UPON THE SAME. UPON CLOSING, SUBJECT TO SELLER'S REPRESENTATIONS AND WARRANTIES UNDER SECTION 5.6 OF THIS AGREEMENT, BUYER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY BUYER'S INSPECTIONS AND INVESTIGATIONS. BUYER ACKNOWLEDGES AND AGREES THAT UPON CLOSING, SELLER SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS," WITH ALL FAULTS AND DEFECTS (LATENT AND APPARENT). BUYER FURTHER ACKNOWLEDGES AND AGREES THAT THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY SELLER, ANY AGENT, EMPLOYEE OR CONTRACTOR OF SELLER, OR ANY THIRD PARTY, EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.6 OF THIS AGREEMENT. THE TERMS AND CONDITIONS OF SECTION 5.1 AND THIS SECTION 5.2 SHALL EXPRESSLY SURVIVE THE CLOSING, NOT MERGE WITH THE PROVISIONS OF ANY CLOSING DOCUMENTS AND SHALL BE INCORPORATED INTO THE DEED. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.6 OF THIS AGREEMENT, SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY ORAL OR WRITTEN STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY SELLER, ANY REAL ESTATE BROKER, CONTRACTOR, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON. BUYER ACKNOWLEDGES THAT THE PURCHASE PRICE REFLECTS THE "AS IS" NATURE OF THIS SALE AND ANY FAULTS, LIABILITIES, DEFECTS OR OTHER ADVERSE MATTERS THAT MAY BE ASSOCIATED WITH THE PROPERTY. BUYER HAS FULLY REVIEWED THE DISCLAIMERS AND WAIVERS SET FORTH IN THIS AGREEMENT WITH ITS COUNSEL AND UNDERSTANDS THE SIGNIFICANCE AND EFFECT THEREOF. ------------------ BUYER'S INITIALS

Buyer Acknowledgments. The Buyer acknowledges and agrees that the Financier may, upon the occurrence of a Finance Event of Default of which the Buyer receives notice in accordance with clause 1.10 (“Finance Event of Default”), and for so long as that notice is not revoked by the Financier by notice given by it to the Buyer, directly exercise the rights, remedies and powers of the Seller under the Contract subject to clause 3.3(d) (“Buyer consents, acknowledgments and confirmations”). For the avoidance of doubt and without limiting clause 3.3(b) (“Buyer consents, acknowledgments and confirmations”), it is acknowledged and agreed that the taking of any steps by the Financier to enforce any Security Document will not (of itself) be relied upon by the Buyer as giving rise to a right of Termination of the Contract. Consequences of enforcement If the Financier appoints a Controller over the Contract or otherwise appoints an Enforcing Party pursuant to the Security Documents (following the occurrence of a Finance Event of Default of which the Buyer receives notice in accordance with clause 1.10 (“Finance Event of Default”)): subject to clause 3.3(d) (“Buyer consents, acknowledgments and confirmations”), the Seller must continue to comply with its obligations in accordance with the Contract; the Buyer must continue to duly and punctually perform and observe its duties and obligations under the Contract (in accordance with its terms); the Contract will remain in full force and effect; unless the Enforcing Party has notified the Buyer in writing that it agrees to assume a liability or obligation of the Seller under the Contract, the Enforcing Party will not be liable to the Buyer in respect of any events, acts or omissions which have occurred or should have occurred, or for any liability of the Seller to the Buyer in relation to the Contract in respect of any event, act or omission; and the Financier must notify the Buyer, stating that it is a notice under this paragraph (e), of the enforcement or exercise of any of its rights, powers or remedies under any Security Document (including by appointing a Controller or other Enforcing Party) promptly after it has enforced or exercised such rights, powers or remedies (however, the parties acknowledge and agree that any failure by the Financier to provide the notice contemplated in this paragraph (e) does not invalidate any purported enforcement or exercise of any such rights, powers or remedies by the Financier).

Buyer Acknowledgments. ▇▇▇▇▇ is purchasing the Order Amount of Units with a full and complete understanding of the conditions and circumstances precedent to the utilization of the Units, which are set forth in this paragraph.

Buyer Acknowledgments. ▇▇▇▇▇ acknowledges the terms and conditions for utilizing the Units, as outlined herein.

Buyer Acknowledgments. Buyer further acknowledges and agrees that (a) Breeder cannot control litter sizes and that the wait time for puppies can be longer than expected; (b) the Deposit gives Buyer a “pick” place, but does not guarantee a puppy or that Buyer's preferences will be available when it is Buyer's turn to pick; (c) pick places are given on a first come first served basis and Buyer's place in line is not negotiable; (d) if Buyer cannot or does not want a puppy from the specified litter Buyer may transfer their deposit ONE time and be placed at the bottom of the pick list for the next anticipated litter that may produce Buyer's preferences; and (e) Breeder cannot and does not guarantee any specific qualities of the puppy when it becomes and adult.