Buyer’s Acknowledgements. The Seller advises the Buyer and the Buyer:
(i) acknowledges; and
(ii) undertakes to make any subsequent Buyer of the Property aware via appropriate notifications in any sale contract for the Property:
6.1 That retaining walls and/or fences may have been erected by the Seller within the boundaries of the Property. The Buyer acknowledges that it has satisfied itself as to the location and construction of the retaining walls and/or fences and any building restrictions which may result;
6.2 That the Buyer has satisfied itself with respect to the physical characteristics of the Property, including (but not limited to) soil types, levels, slopes and vegetation and any impacts including (but not limited to) building restrictions or costs which may result;
6.3 That, in the event that the land the subject of this offer is a proposed residential lot to be created by subdivision:
(a) The Seller shall use its best endeavours to complete the subdivision of the land of which the Property forms part so as to create the Property and achieve the issuance of a separate Certificate of Title to the Property;
(b) The time period referred to in Clause 13.3(a)(1) of the General Conditions shall be altered to twenty four (24) months and the time period referred to in Clause 13.3(a)(2) of the General Conditions shall be altered to six (6) months;
(c) The Buyer shall not at any time prior to settlement of this Contract of Sale be entitled to caveat the Property or any other property of which the Property currently forms part;
(d) Notwithstanding the Settlement Date nominated in this Contract of Sale, settlement of the purchase of the Property by the Buyer cannot proceed until the Certificate of Title to the Property has issued. The Buyer acknowledges that house construction may not commence until after settlement has taken place, and agrees that the Seller will not be responsible for any additional building costs or any other costs that may result from settlement being delayed until the Certificate of Title to the Property has issued.
6.4 That the Project Manager may from time to time release details of the Buyer’s name and address to buyers of the adjoining land.
Buyer’s Acknowledgements. Buyer(s) acknowledges that (A) Buyer(s) has examined the Property and make this offer in good faith, (B) Buyer(s) has the opportunity to obtain additional inspections, (C) Seller(s) has not made any representations concerning the Property upon which Buyer(s) has relied, except as specifically set forth in this Agreement, or in writing, and (D) unpaid water, sewer or lawn mowing bills may become a future lien against the Property, (E) authorizes Broker/Agent or Representative to discuss information regarding the purchase of this property with any financial institution, title, insurance or appraisal company, (F) Buyer(s) is not relying upon any facts set forth in any brokerage information sheet or information provided by XXXXX, and (G) the Buyer(s) understand that the Seller(s) make no representations with regard to conditions outside the boundaries of the real estate, including but not limited to crime statistics or offenders as described in Paragraph 24. Buyer(s) assumes sole responsibility for researching such conditions.
Buyer’s Acknowledgements. EXCEPT AS SET FORTH IN ARTICLE V, BUYER ACKNOWLEDGES, ON BEHALF OF ITSELF, BUYER GUARANTOR AND ITS AFFILIATES, THAT NO SELLER AFFILIATES, OR THEIR RESPECTIVE REPRESENTATIVES OR ANY OTHER PERSON HAS MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, WITH RESPECT TO THIS AGREEMENT, THE ACQUISITION, THE ANCILLARY AGREEMENTS, THE TRANSFERRED ASSETS, THE TRANSFERRED COMPANIES, THE TRANSFERRED EQUITY INTERESTS, THE ASSUMED LIABILITIES, THE BUSINESS OR ANY INFORMATION PROVIDED BY THEM OR IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREBY, OR ANY REPRESENTATION AS TO THE ENFORCEABILITY OR VALIDITY THEREOF, AND ANY SUCH REPRESENTATIONS OR WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; PROVIDED, HOWEVER, THAT, NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY OR OTHERWISE, NONE OF THE FOREGOING SHALL BE DEEMED TO AMEND, MODIFY, REDUCE OR WAIVE IN ANY MANNER BUYER’S RIGHTS, BENEFITS AND REMEDIES UNDER THE R&W INSURANCE POLICY. Buyer acknowledges that it has received from Seller certain projections, forecasts and prospective or third-party information relating to Seller, the Business, the Transferred Assets, the Assumed Liabilities, the Transferred Equity Interests and other related topics. Buyer acknowledges that (x) there are uncertainties inherent in attempting to make such projections and forecasts and in such information; (y) it is familiar with such uncertainties and is taking full responsibility for making its own evaluation of the adequacy and accuracy of all projections, forecasts and information so furnished; and (z) neither Buyer, nor any other Person (including any Indemnified Party), shall have any claim against any Seller or any of its respective Affiliates or Representatives with respect thereto. Accordingly, without limiting the generality of this Section 6.10, Buyer acknowledges that neither Seller nor any other Person makes any representations or warranties with respect to such projections, forecasts or information. Further, Buyer (on its behalf and on behalf of all Buyer Affiliates) acknowledges that it has waived and hereby waives as a condition to the Closing any further due diligence reviews, inspections or examinations with respect to any Seller, the Business, the Transferred Assets, the Assumed Liabilities or any other matter, including with respect to engineering, environmental, title, survey, financial, operational, regulatory and legal compliance matters.
Buyer’s Acknowledgements. 2 The Buyer acknowledges that the Property is likely to have been contaminated as a result of historic operations
Buyer’s Acknowledgements. (a) As an express condition to this Agreement, Buyer acknowledges that it will be Buyer's sole responsibility to satisfy itself regarding: (i) the scope and extent of all operations or activities on the Property, (ii) the impact of such operations on the suitability of the Property for Buyer's purposes or any other purpose, (iii) the existence or possible existence of all conditions of the Property, and (iv) all rights of access to the Property and open and publicly dedicated rights-of-way. Buyer acknowledges and agrees that:
(i) Buyer is purchasing the Property solely on the basis of its examination, inspection and investigation described in Article 3.3 above and not on the basis of any statement, representation, warranty, expressed or implied, written or oral, made by Seller or its agents or its employees that is not expressly contained in this Agreement; and (ii) Buyer is purchasing the Property in its "AS-IS, WHERE-IS" condition, with all faults and with no representation or warranty of any type or nature being made by Seller or any person on Seller's behalf, except as expressly otherwise provided in this Agreement.
(b) Buyer further acknowledges that although Seller may know or have reason to know of the particular use Buyer intends for the Property, or Buyer's particular purpose for buying the Property, Buyer is not relying on Seller's skill or judgment in selecting the Property. Accordingly, Seller makes no warranty or representation that the Property is fit for Buyer's intended use or his particular purpose and Buyer waives any such warranty to which it might be entitled under La. C.C. art. 2524 and Buyer further waives any warranty to which it might be entitled under said article 2524 that the Property be reasonably fit for its ordinary use.
(c) All other implied warranties with respect to the Property, including those related to Buyer's peaceable possession of the Property, the merchantability thereof, hidden defects therein or the fitness thereof for a particular purpose, zoning, or other regulatory matters, are hereby disclaimed by Seller and expressly waived by Buyer. Buyer will have no right or cause of action against Seller to assert in any controversy, claim, demand or litigation arising from or in connection with the Property. Without limiting the generality of the foregoing, Seller does not warrant that the Property is free from hidden, redhibitory or latent defects or vices or that the Property is fit for the use intended by the Buyer, a...
Buyer’s Acknowledgements. BUYER hereby acknowledges that (i) SELLER currently may have, and later may come into possession of, information with respect to the Transferred Claim Rights, the Debtor or any of its affiliates, the Bankruptcy Case and/or any state or federal regulatory review concerning the Debtor that is not known to BUYER and that may be material to a decision to purchase the Transferred Claim Rights (“Buyer Excluded Information”), (ii) BUYER has determined to buy the Transferred Claim Rights notwithstanding its lack of knowledge of the Buyer Excluded Information and (iii) SELLER shall have no liability to BUYER, and BUYER waives and releases any claims that it might have against SELLER with respect to the nondisclosure of the Buyer Excluded Information in connection with the transactions contemplated hereby; provided, however, that BUYER Excluded Information shall not affect the truth or accuracy of SELLER’s representations or warranties in this Agreement.
Buyer’s Acknowledgements. Buyer acknowledges the following, regarding the Unit:
A. Prior to full execution of the Contract, all materials, brochures, site plans, if any, provided by Seller to Buyer, including without limitation, floor plan layouts, are conceptual and subject to change without notice to Buyer.
B. If Buyer purchases a Unit, Buyer will be subject to mandatory membership in and required to pay dues to the association to be formed in connection with Bridges on the park. Association expenses, utility costs, real estate taxes, insurance, and all other expenses are unknown at this time.
C. Buyer understands that the Contract and/or other documents relating to the Condominium will contain restrictions on the leasing of Units and each Buyer of a Unit in the Condominium will be prohibited from listing its Unit for resale with any broker or otherwise advertising, promoting, or publicizing the availability of the unit for sale (a) at any time prior to the effective date of the sale to Buyer and (b) at any time following the effective date of the sale to Buyer until twelve (12) months after the effective date of closing/funding.
D. Seller shall have no liability in the event that the planned improvements are not constructed, or for any changes or delays of any kind in connection with the development or sale of the Unit. Buyer’s sole and exclusive remedy, if any of the foregoing is unsatisfactory to Buyer, shall be the termination of this Agreement and the refund of the Deposit.
Buyer’s Acknowledgements. It is specifically stated and agreed that Seller or the Warrantors have not made, and Buyer has not relied on, any expressed or implied warranties regarding Seller, the Warrantors, the Shares, the Business or the Group Companies except for the Warranties, and all other expressed or implied warranties, whether statutory or otherwise, shall be excluded. Without limiting the generality of the foregoing, Seller or the Warrantors have not given any representation or warranty to Buyer with respect to, or assumed any liability towards Buyer or the Group Companies based on, any financial or other performance, projection, forecast, or estimate of any future development or event (including any general market information or development of market or regulatory environment, matter of opinion, evaluation, assessment of business potential, anticipated future performance, prospects, or similar matter), whether or not such performance, projection, forecast, or estimate has been included in the Disclosure Material.
Buyer’s Acknowledgements. Buyer has read, had the chance to ask questions, understands, and accepts the above contract and terms in its entirety, and agrees by signature below that all portions and parts constitute a legal and binding contract to all parties involved. Buyer furthermore acknowledges that Buyer is purchasing a living, breathing animal for which Buyer will be responsible for the Puppy’s lifetime, which is a substantial commitment. Buyer is authorized to bind all the members of their family to this agreement and does so by signing below.
Buyer’s Acknowledgements. Buyer hereby acknowledges the following:
a. Noise Transmission. Floor surface materials and wall materials in one unit in the building in which the Property is located may transmit noise to other units, including the Property. Such noise is consistent with proper uses of the Property, does not constitute a disruption to the use and quiet enjoyment of the Property, and is accepted by Buyer. No representation has been made by the Town or its agents that the Property will be soundproof.
