Disclaimer and Acknowledgement. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 6, THE LICENSED INTELLECTUAL PROPERTY AND REGULATORY FILES ARE PROVIDED “AS IS,” AND LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THE PERFORMANCE OF ANY LICENSED PRODUCT OR SERVICE, INCLUDING THEIR SAFETY, EFFECTIVENESS OR COMMERCIAL VIABILITY. SNDC FURTHER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7.7 OF THE JHU AGREEMENT, JHU MAKES NO WARRANTIES HEREUNDER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT, NOR ANY WARRANTY AS TO THE PERFORMANCE OF ANY LICENSED PRODUCT OR SERVICE, INCLUDING THEIR SAFETY, EFFECTIVENESS OR COMMERCIAL VIABILITY.
Disclaimer and Acknowledgement. 18.1 Where a Trade Client places an order with King Living for the purchase of Products for their End-Customer, you, the Trade Client acknowledge and agree that:
(a) the agreement is made between King Living and you, the Trade Client; For the avoidance of doubt, there is no agreement between King Living and the End-Customer;
(b) the Trade Client must act as the primary contracting entity in all dealings with King Living with respect to that order;
(c) the End-Customer is not a customer of King Living with respect to a Product which is ordered and/or purchased by the Trade Client; and
(d) the Trade Client, in purchasing Products from King Living, is not acting as the agent of the End-Customer.
18.2 If you purchase the Products for your own personal use (the “Personal Products”), you agree that:
(a) these Terms will not apply to your purchase of the Personal Products other than to the extent that your trade discount will apply towards the purchase of those products only; and
(b) the terms and conditions of sale for retail clients will apply to your purchase of those Personal Products. These terms and conditions can be viewed here.
Disclaimer and Acknowledgement. 65 5.3 Representations and Warranties of Purchaser...................... 67 5.4 Survival of Representations and Warranties and Other Covenants... 68 Article 6 ENVIRONMENTAL MATTERS AND INDEMNITIES 70 6.1 Environmental Matters............................................ 70 6.2
Disclaimer and Acknowledgement. The Parent makes no representations or warranties, express or implied, of any nature whatsoever relating to the Parent and its Subsidiaries or the business of the Parent and its Subsidiaries or otherwise in connection with the transactions contemplated hereby, other than those representations and warranties expressly set forth in this Article V and the Shareholders Agreement. The Parent acknowledges that the Company makes no representations or warranties, express or implied, of any nature, whatsoever with respect to the Company Shares or the business of the Company, other than the representations and warranties of the Company specifically set forth in Article IV.
Disclaimer and Acknowledgement. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 5, THE LICENSED INTELLECTUAL PROPERTY, PRODUCTS (AND THE COMPOUNDS THEREIN), TANGIBLE MATERIALS AND REGULATORY FILES ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THE PERFORMANCE OF ANY PRODUCT (OR THE COMPOUND(S) THEREIN), INCLUDING THEIR SAFETY, EFFECTIVENESS OR COMMERCIAL VIABILITY. ANY SYMPHONY EVOLUTION ENHANCEMENTS PROVIDED TO LICENSOR HEREUNDER ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND SYMPHONY EVOLUTION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Disclaimer and Acknowledgement. Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU ACKNOWELDGE AND AGREE THAT: (1) THE AMAZON SITE AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS- IS"; (2) YOUR USE OF THE AMAZON SITE AND THE SERVICES IS AT YOUR OWN RISK; (3) WE AND OUR AFFILIATES DO NOT MAKE AND DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
Disclaimer and Acknowledgement. CONFIDENTIAL INFORMATION IS PROVIDED “AS IS.” Each Party acknowledges that the disclosing Party has not made any representation or warranty as to the accuracy, completeness or performance of its Confidential Information and each agrees, unless otherwise agreed in writing, that the disclosing Party shall have no liability resulting from the use of the Confidential Information.
Disclaimer and Acknowledgement. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 5, THE LICENSED INTELLECTUAL PROPERTY, PRODUCTS, TANGIBLE MATERIALS AND REGULATORY FILES ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THE PERFORMANCE OF ANY PRODUCT, INCLUDING THEIR SAFETY, EFFECTIVENESS OR COMMERCIAL VIABILITY.
Disclaimer and Acknowledgement. Except as expressly set forth in this Agreement:
(a) the Assets are sold on an "as is" basis and, other than as expressly set forth in clauses 5.1, 6.1 and 6.2 and the parties acknowledge and confirm that Vendor makes no representation, warranty or covenant as to the Assets or the Business including, without limitation, as to the quality, physical condition, past operation, merchantability or fitness for any purpose of any of the Assets or the Business;
(b) except for liability for a breach of the warranties and respect of environmental matters including, without limitation, Environmental Deficiencies and Environmental Liabilities is set out in clause 6.1 and Vendor makes no other representation, warranty or indemnity and incurs no other obligation or liability to Purchaser of any kind or nature, with respect to environmental matters;
(c) Purchaser does not make, and Vendor does not make, any representation, warranty or indemnity whatsoever except as and to the extent expressly set forth in Articles 5 and 6. In particular the parties agree that except for the representations and warranties set forth in Article 5, Vendor makes no representation in respect of any liability and disclaims any responsibility for any representation or warranty which may have been made or alleged to have been made and which is contained in any instrument or document relative hereto or the transactions herein provided for, or contained in any statement or information made or communicated (orally or in writing) to Purchaser including, without limitation, any opinion, information or advice which may have been provided to Purchaser or its Representatives by Vendor or its Representatives;
(d) Purchaser specifically acknowledges and confirms that in agreeing to enter into and to consummate the transaction contemplated herein, it has relied, and will continue to rely, upon its own economic evaluations and projections as the same relate to the Assets.
Disclaimer and Acknowledgement. Purchaser acknowledges and agrees that except for the representations and warranties of Seller contained in this Agreement and any of the closing documents executed and delivered by Seller at Closing, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO PURCHASER, INCLUDING, WITHOUT LIMITATION, THE PHYSICAL CONDITION OF THE PROPERTY AND ANY IMPROVEMENTS LOCATED THEREON, OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY. PURCHASER SHALL RELY ON ITS INVESTIGATIONS OF THE PROPERTY IN DETERMINING WHETHER OR NOT TO ACQUIRE THE PROPERTY. THE PROVISIONS OF THIS SECTION ARE A MATERIAL PART OF THE CONSIDERATION FOR SELLER’S ENTERING INTO THIS AGREEMENT, AND SHALL SURVIVE CLOSING. Purchaser acknowledges that Purchaser will have the opportunity to independently and personally inspect the Property and that Purchaser has entered into this Agreement based upon its ability to make such examination and inspection. The Property is to be sold to and accepted by Purchaser at Closing in its then present condition, “AS IS, WITH ALL FAULTS, AND WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED”, except for the express representations and warranties of Seller contained in this Agreement and the closing documents executed and delivered by Seller.
