Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and warranties contained in this Agreement nor the inclusion of any specific item in the Schedules or Exhibits is intended to imply that such amounts or higher or lower amounts, or the items so included or other items, are or are not material, and none of the parties shall use the fact of the setting of such amounts or the fact of any inclusion of any such item in the Schedules or Exhibits in any dispute or controversy between the parties as to whether any obligation, item or matter is or is not material for purposes hereof.
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Samples: Asset Purchase Agreement (American Water Works Co Inc), Asset Purchase Agreement (Citizens Utilities Co), Asset Purchase Agreement (American Water Works Co Inc)
Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and warranties contained in this Agreement nor or the inclusion of any specific item in the Schedules Company Disclosure Schedule or Exhibits any schedules or exhibits attached hereto is not intended to imply that such amounts amounts, or higher or lower amounts, or the items so included or other items, are or are not material, and none of the parties no Party shall use the fact of the setting of such amounts or the fact of any the inclusion of any such item in the Schedules herein or Exhibits therein in any dispute or controversy between the parties Parties as to whether any obligation, item or matter not described herein or therein is or is not material for purposes hereofof this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Rock-Tenn CO), Agreement and Plan of Merger (Rock-Tenn CO), Agreement and Plan of Merger (Neff Rental LLC)
Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and representations, warranties contained or covenants con tained in this Agreement nor the inclusion of any specific item in the Schedules or Exhibits is intended to imply that such amounts or higher or lower amounts, or the items so included or other items, are or are not material, and none of the parties neither party shall use the fact of the setting of such amounts or the fact of any the inclusion of any such item in the Schedules or Exhibits in any dispute or controversy between the parties as to whether any obligation, item or matter is or is not material for purposes hereofof this Agreement.
Appears in 3 contracts
Samples: Recapitalization Agreement (McMS Inc), Recapitalization Agreement (McMS Inc), Recapitalization Agreement (Micron Electronics Inc)
Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and warranties contained in this Agreement nor or the inclusion of any specific item in the Schedules Disclosure Schedule or Exhibits any other schedules or exhibits attached hereto is not intended to imply that such amounts amounts, or higher or lower amounts, or the items so included or other items, are or are not material, and none of the parties no party shall use the fact of the setting of such amounts or the fact of any the inclusion of any such item in the Schedules herein or Exhibits therein in any dispute or controversy between the parties as to whether any obligation, item or matter not described herein or therein is or is not material for purposes hereofof this Agreement.
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Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and warranties contained in this Agreement nor or the inclusion of any specific item in the Schedules Disclosure Letter or Exhibits any schedules or exhibits attached hereto is not intended to imply that such amounts amounts, or higher or lower amounts, or the items so included or other items, are or are not material, and none of the parties no party shall use the fact of the setting of such amounts or the fact of any the inclusion of any such item in the Schedules herein or Exhibits therein in any dispute or controversy between the parties as to whether any obligation, item or matter not described herein or therein is or is not material for purposes hereofof this Agreement.
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Construction of Certain Provisions. It is understood ---------------------------------- and agreed that neither the specification of any dollar amount in the representations and warranties contained in this Agreement nor the inclusion of any specific item in the Schedules schedules, the Seller Disclosure Schedule or the Exhibits is intended to imply that such amounts or higher or lower amounts, or the items so included or other items, are or are not material, and none of the parties neither party shall use the fact of the setting of such amounts or the fact of any the inclusion of any such item in the Schedules or Exhibits in any dispute or controversy between the parties as to whether any obligation, item or matter is or is not material for purposes hereof.
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Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and warranties contained in this Agreement nor or the inclusion of any specific item in the Schedules Company Disclosure Letter or Exhibits any schedules or exhibits attached hereto is not intended to imply that such amounts amounts, or higher or lower amounts, or the items so included or other items, are or are not material, and none of the parties no party shall use the fact of the setting of such amounts or the fact of any the inclusion of any such item in the Schedules herein or Exhibits therein in any dispute or controversy between the parties as to whether any obligation, item or matter not described herein or therein is or is not material for purposes hereofof this Agreement.
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