Deceptive Trade Practices Act Sample Clauses
The Deceptive Trade Practices Act clause serves to address and limit liability related to deceptive or unfair business practices as defined by relevant consumer protection laws. Typically, this clause clarifies whether parties are waiving, limiting, or preserving their rights and remedies under the applicable Deceptive Trade Practices Act, such as Texas's DTPA, and may specify exceptions or disclosures required by law. Its core function is to allocate risk and ensure both parties understand their rights and obligations regarding deceptive trade practices, thereby reducing the likelihood of disputes or unintended liability.
Deceptive Trade Practices Act. Purchaser certifies that it is not a “consumer” within the meaning of the Texas Deceptive Trade Practices Consumer Protection Act, Subchapter E of Chapter 17, Sections 17.41, et seq., of the Texas Business and Commerce Code, (as amended, the “DTPA”). Purchaser covenants, for itself and for and on behalf of any successor or assignee, that if the DTPA is applicable to this Agreement, (a) Purchaser is a “business consumer” as that term is defined in the DTPA, (b) AFTER CONSULTATION WITH ATTORNEYS OF PURCHASER’S OWN SELECTION, PURCHASER HEREBY VOLUNTARILY WAIVES AND RELEASES ALL OF PURCHASER’S RIGHTS AND REMEDIES UNDER THE DTPA AS APPLICABLE TO SELLER AND SELLER’S SUCCESSORS AND ASSIGNS AND (c) PURCHASER SHALL DEFEND AND INDEMNIFY THE SELLER GROUP FROM AND AGAINST ANY AND ALL CLAIMS OF OR BY ANY MEMBER OF THE PURCHASER GROUP OR ANY OF THEIR SUCCESSORS AND ASSIGNS OR ANY OF ITS OR THEIR AFFILIATES BASED IN WHOLE OR IN PART ON THE DTPA ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
Deceptive Trade Practices Act. Borrower represents and warrants that Borrower has not been the subject of a Deceptive Trade Practices Act or any unfair business practice, administrative hearing, or court suit and that Borrower has not been found to be guilty of such practices in such proceedings. Borrower represents and warrants that it has no officers who have served as officers of other entities who have been the subject of a Deceptive Trade Practices Act or any unfair business practice, administrative hearing, or court suit and that such officers have not been found guilty of such practices in such proceedings.
Deceptive Trade Practices Act. The Borrowers are each a "business ----------------------------- consumer" as defined under the Deceptive Trade Practices-Consumer Protection Act, Subchapter E of Chapter 17 of the Texas Business and Commerce Code, a law that gives consumers special rights and protections. The Borrowers acknowledge that the Deceptive Trade Practices-Consumer Protection Act is not applicable to the Transactions.
Deceptive Trade Practices Act. Purchaser covenants that if the Texas Deceptive Trade Practices Consumer Protection Act, Subchapter E of Chapter 17, Sections 17.41, et seq., of the Texas Business and Commerce Code, (the “DTPA”) or the Louisiana Unfair Trade Practices and Consumer Protection Law, LA. R.S. 51:1402, et seq. (the “UTPCPL”) is applicable to this Agreement, AFTER CONSULTATION WITH ATTORNEYS OF PURCHASER’S OWN SELECTION, PURCHASER HEREBY VOLUNTARILY WAIVES AND RELEASES ALL OF PURCHASER’S RIGHTS AND REMEDIES UNDER THE DTPA AND UTPCPL, AS APPLICABLE, TO SELLER AND SELLER’S SUCCESSORS AND ASSIGNS, AND PURCHASER SHALL DEFEND AND INDEMNIFY THE SELLER GROUP FROM AND AGAINST ANY AND ALL CLAIMS OF OR BY ANY MEMBER OF THE PURCHASER GROUP OR ANY OF THEIR SUCCESSORS AND ASSIGNS OR ANY OF ITS OR THEIR AFFILIATES BASED IN WHOLE OR IN PART ON THE DTPA AND THE UTPCPL, AS APPLICABLE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
Deceptive Trade Practices Act. The Borrower acknowledges that the Borrower is a "BUSINESS CONSUMER" as defined under the Deceptive Trade Practices-Consumer Protection Act, Subchapter E of Chapter 17 of the Texas Business and Commerce Code, a law that gives consumers special rights and protections. The Borrower acknowledges that the Deceptive Trade Practices-Consumer Protection Act is not applicable to the Transactions.
Deceptive Trade Practices Act. Each of Arrow River and TXCO acknowledges and agrees, on its own behalf and on behalf of its successors and assigns, that the Texas Deceptive Trade Practices -- Consumer Protection Act, Subchapter E of Chapter 17 of the Texas Business and Commerce Code (the "DTPA"), is not applicable to this transaction. As such, Arrow River's and TXCO's rights and remedies with respect to this transaction, and with respect to all acts or practices of the other, past, present or future, in connection with this transaction, shall be governed by legal principles other than the DTPA. Accordingly, each of Arrow River and TXCO acknowledges, stipulates and agrees as follows:
(a) This Agreement relates to a transaction, a project, or a set of transactions related to the same project involving total consideration valued at more than One Hundred Thousand and 00/100 Dollars ($100,000.00);
(b) In negotiating this Agreement, each of Arrow River and TXCO has been represented by legal counsel who was not directly or indirectly identified, suggested or selected by the other party or an agent of the other party; and
(c) This Agreement does not involve either Party's residence.
Deceptive Trade Practices Act. Each Loan Party acknowledges that the Borrowers are each a "BUSINESS CONSUMER" as defined under the Deceptive Trade Practices-Consumer Protection Act, Subchapter E of Chapter 17 of the Texas Business and Commerce Code, a law that gives consumers special rights and protections. Each Loan Party acknowledges that the Deceptive Trade Practices-Consumer Protection Act is not applicable to the Transactions.