Common use of Disclaimer of Representations and Warranties Clause in Contracts

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 8 contracts

Samples: Terms of Service Agreement, Terms of Service Agreement, Terms of Service Agreement

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Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE THE CITI SERVICES, ON THE ONE HAND, AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK THE BANCO DE CHILE SERVICES, ON THE OTHER HAND (INCLUDING IN EACH CASE ANY SOFTWARE OR DOCUMENTATION RELATED THERETO AND THAT THIS SITE CONTENT PROVIDED THEREFROM), ARE PROVIDED "AS IS", "AS AVAILABLE" AND ",” WITH ALL FAULTS", AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY THEREOF SHALL BE WITH THE RECIPIENT OF THE SERVICES. COMPANYEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE OPERATING AGREEMENTS, EACH PARTY ON BEHALF OF ITSELF AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, THIRD PARTY VENDORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEESEMPLOYEES AND AGENTS EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY, AGENTSEXPRESS, DISCLAIM ALL WARRANTIES, IMPLIED OR STATUTORY, EXPRESS WITH RESPECT TO ANY CITI SERVICE OR IMPLIEDTHE CITI DOCUMENTATION OR CONTENT, INCLUDINGOR THE BANCO DE CHILE SERVICES OR THE BANCO DE CHILE DOCUMENTATION OR CONTENT, BUT NOT LIMITED TOAS THE CASE MAY BE (INCLUDING THE INFORMATION PROVIDED THEREFROM), ANY IMPLIED WITH RESPECT TO THE SERVICES TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING WARRANTIES OF TITLE, WITH RESPECT TO MERCHANTABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT NON INFRINGEMENT OF ANY SITES LINKED (THROUGH HYPERLINKSSOFTWARE OR HARDWARE PROVIDED HEREUNDER AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, BANNER ADVERTISING COURSE OF PERFORMANCE OR OTHERWISE) TRADE USAGE. NOTHING IN THIS AGREEMENT IS INTENDED TO THIS SITE, AND/LIMIT ANY RIGHTS OR (III) REMEDIES OF EITHER PARTY UNDER THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteOPERATING AGREEMENTS.

Appears in 5 contracts

Samples: Master Services Agreement (Bank of Chile), Master Services Agreement, Master Services Agreement (Bank of Chile)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "EXCEPT AS IS"EXPRESSLY SET FORTH IN SECTION 3.1(C), "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYBP PIPELINES MAKES NO REPRESENTATIONS OR WARRANTIES (EXPRESSED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGORAL OR OTHERWISE) REGARDING ANY ASPECT OF ITS PERFORMANCE OF (OR FAILURE TO PERFORM) THE SERVICES OR ITS OTHER DUTIES AND OBLIGATIONS UNDER THIS AGREEMENT, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED REPRESENTATIONS OR WARRANTIES OF TITLE, WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SUITABILITY, FREEDOM FROM DEFECTS, QUALITY, VALUE, WORKMANSHIP, CONDITION, COMPLIANCE WITH LAWS, TITLE OR ENVIRONMENTAL MATTERS. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 3.1(C), BP PIPELINES DISCLAIMS AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESNEGATES, AND AGENTS MAKE NO THE PARTNERSHIP WAIVES, ANY SUCH REPRESENTATIONS OR WARRANTIES ABOUT WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL ANY BP PIPELINES PARTY BE LIABLE TO ANY PARTNERSHIP PARTY FOR ANY LOSSES THAT ARISE OUT OF, RELATE TO OR ARE OTHERWISE ATTRIBUTABLE TO, DIRECTLY OR INDIRECTLY, ANY SUCH REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY SET FORTH IN SECTION 3.1(C). THIS SECTION 3.7 SPECIFICALLY PROTECTS THE BP PIPELINES PARTIES AGAINST SUCH LOSSES EVEN IF THEY ARE CAUSED BY THE NEGLIGENCE, STRICT LIABILITY OR OTHER RESPONSIBILITY (IEXCEPT TO THE EXTENT OF THE FAULT) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKSOF THE BP PIPELINES PARTIES. THE PARTNERSHIP ACKNOWLEDGES AND AGREES THAT, BANNER ADVERTISING OR OTHERWISE) TO THIS SITEEXCEPT AS EXPRESSLY SET FORTH IN SECTION 3.1(C), AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD IT IS NOT RELY RELYING ON ANY SUCH INFORMATION REPRESENTATIONS OR ADVICE. WARRANTIES, EXPRESS OR IMPLIED, AND THAT THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY SERVICES ARE TO BE PERFORMED BY BP PIPELINES PARTIES “AS-IS, WHERE-IS,” WITH ALL FAULTS (EXCEPT TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteOF THE FAULT).

Appears in 2 contracts

Samples: Omnibus Agreement (BP Midstream Partners LP), Omnibus Agreement (BP Midstream Partners LP)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE EACH OF CPE AND AGREE THAT YOUR USE CPE LLC (ON BEHALF OF THEMSELVES AND EACH MEMBER OF THE CLOUD PEAK GROUP) AND RTEA AND KMS (ON BEHALF OF THEMSELVES AND EACH MEMBER OF THE RTEA GROUP) UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN ANY TRANSACTION DOCUMENT, NO PARTY TO THIS SITE SHALL AGREEMENT, ANY TRANSACTION DOCUMENT OR ANY OTHER AGREEMENT OR DOCUMENT CONTEMPLATED BY THIS AGREEMENT, ANY TRANSACTION DOCUMENT OR OTHERWISE, IS REPRESENTING OR WARRANTING IN ANY WAY AS TO THE ASSETS, BUSINESSES OR LIABILITIES ACQUIRED AS CONTEMPLATED HEREBY OR THEREBY AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY FOR FITNESS FOR ANY PARTICULAR PURPOSE. EXCEPT AS MAY EXPRESSLY BE AT YOUR OWN RISK AND THAT THIS SITE SET FORTH HEREIN OR IN ANY TRANSACTION DOCUMENT, ALL SUCH ASSETS ARE PROVIDED BEING ACQUIRED ON AN "AS IS," "WHERE IS" BASIS (AND, "AS AVAILABLE" IN THE CASE OF ANY REAL PROPERTY, BY MEANS OF A QUITCLAIM OR SIMILAR FORM DEED OR CONVEYANCE) AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE THE RESPECTIVE ACQUIRORS SHALL BEAR THE ECONOMIC AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT LEGAL RISKS THAT (I) ANY CONVEYANCE SHALL PROVE TO BE INSUFFICIENT TO VEST IN THE ACCURACYACQUIROR GOOD TITLE, COMPLETENESS, FREE AND CLEAR OF ANY SECURITY INTEREST OR CONTENT OF THIS SITE, OTHER ENCUMBRANCE AND (II) THE ACCURACY, COMPLETENESS, ANY NECESSARY CONSENTS OR CONTENT GOVERNMENTAL APPROVALS ARE NOT OBTAINED OR THAT ANY REQUIREMENTS OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING LAWS OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD JUDGMENTS ARE NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteCOMPLIED WITH.

Appears in 2 contracts

Samples: Master Separation Agreement (Cloud Peak Energy Inc.), Master Separation Agreement (Cloud Peak Energy Inc.)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE Except as otherwise set forth herein, including but not limited to the warranties set forth in Section 1.6, THE ASSETS ARE PROVIDED SOLD "AS IS," ", "AS AVAILABLEWHERE IS" AND "WITH ALL FAULTS". COMPANYFAULTS AS TO ALL MATTERS," AND SELLER EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATION OR WARRANTY, ITS OFFICERSEXPRESS, DIRECTORSIMPLIED, EMPLOYEESAT COMMON LAW, AGENTSBY STATUTE, DISCLAIM ALL WARRANTIESOR OTHERWISE RELATING TO (a) THE CONDITIONS OF THE ASSETS (INCLUDING, STATUTORYWITHOUT LIMITATION, ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIEDOF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS), (b) ANY INFRINGEMENT BY SELLER OF ANY PATENT OR PROPRIETARY RIGHT OF ANY THIRD PARTY, (c) ANY INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR ORAL) FURNISHED TO PURCHASER BY OR ON BEHALF OF SELLER (INCLUDING WITHOUT LIMITATION, IN RESPECT OF GEOLOGICAL AND ENGINEERING DATA, THE EXISTENCE OR EXTENT OF OIL, GAS OR OTHER MINERAL RESERVES, THE RECOVERABILITY OF OR THE COST OF RECOVERING ANY SUCH RESERVES, THE VALUE OF SUCH RESERVES, ANY PRODUCT PRICING ASSUMPTIONS, AND THE ABILITY TO SELL OIL OR GAS PRODUCTION AFTER CLOSING), (d) THE ENVIRONMENTAL CONDITION AND OTHER CONDITION OF THE ASSETS AND ANY POTENTIAL LIABILITY ARISING FROM OR RELATED TO THE ASSETS, AND (e) THE FAILURE OF ANY COMPUTER, ELECTRONICS, SOFTWARE, OR COMPONENTS TO BE FREE OF ANY BUGS OR ERRORS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY DEFICIENCIES RELATING TO THE FULLEST EXTENT PERMITTED BY LAWINABILITY TO PROPERLY FUNCTION BEYOND DECEMBER 31, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site1999.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Energy Partners LTD), Purchase and Sale Agreement (Energy Partners LTD)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE EACH LICENSOR (ON BEHALF OF ITSELF AND AGREE THAT YOUR USE EACH OF ITS CONTROLLED GROUP AFFILIATES) AND LICENSEE (ON BEHALF OF ITSELF AND EACH OF ITS CONTROLLED GROUP AFFILIATES) UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, NO PARTY TO THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AGREEMENT OR OTHERWISE, IS: (X) REPRESENTING OR WARRANTING TO ANY OTHER PARTY IN ANY WAY AS IS"TO (I) THE RIGHTS OR ASSETS LICENSED AS CONTEMPLATED HEREBY; (II) ANY APPROVALS OR NOTIFICATIONS REQUIRED IN CONNECTION HEREWITH OR THEREWITH; (III) THE VALUE OR FREEDOM FROM ANY SECURITY INTERESTS OF, "AS AVAILABLE" AND "OR ANY OTHER MATTER CONCERNING, ANY ASSETS OF SUCH PARTY; OR (IV) THE ABSENCE OR PRESENCE OF ANY DEFENSES TO OR RIGHT OF SETOFF AGAINST OR FREEDOM FROM COUNTERCLAIM WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL RESPECT TO ANY PROCEEDING OR OTHER ASSET OF EITHER PARTY; OR (Y) MAKING ANY OTHER REPRESENTATIONS OR GRANTING ANY WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGEITHER IN FACT OR BY OPERATION OF LAW, BUT NOT LIMITED TOBY STATUTE OR OTHERWISE. EACH PARTY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF TITLEQUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE AND OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT. COMPANYINFRINGEMENT OF ANY PATENTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESSTRADEMARKS, OR CONTENT OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. EXCEPT AS MAY EXPRESSLY BE SET FORTH IN THIS SITEAGREEMENT, ALL SUCH RIGHTS OR ASSETS ARE BEING LICENSED ON AN “AS IS,” “WHERE IS” BASIS AND THE RESPECTIVE LICENSEES SHALL BEAR THE ECONOMIC AND LEGAL RISKS RELATED THERETO. Each Licensor (IIon behalf of itself and each of its controlled group Affiliates) THE ACCURACYand Licensee (on behalf of itself and each of its controlled group Affiliates) further understands and agrees that if the disclaimer of express or implied representations and warranties contained in this Article 12 is held unenforceable or is unavailable for any reason under the laws of any jurisdiction outside the United States or if, COMPLETENESSunder the laws of a jurisdiction outside the United States, OR CONTENT OF ANY SITES LINKED both parties (THROUGH HYPERLINKSor any of their respective controlled group Affiliates) are jointly or severally liable for any liability with respect thereto, BANNER ADVERTISING OR OTHERWISE) TO THIS SITEthen the parties intend that, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKSnotwithstanding any provision to the contrary under the laws of such foreign jurisdictions, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration the provisions of this Agreement or your use (including the disclaimer of this Site or all representations and warranties) shall prevail for any and all purposes among the Services found at this Siteparties hereto and their respective controlled group Affiliates.

Appears in 2 contracts

Samples: Galaxy License Agreement (Baxalta Inc), Galaxy License Agreement (Baxalta Inc)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY AGREE AND ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE THE SERVICE IS PROVIDED "AS IS", "” AND “AS AVAILABLE" AND "WITH ALL FAULTS"”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COMPANYWE, ITS OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEESSHAREHOLDERS, AGENTSMEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, QUIET ENJOYMENT AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESSFREEDOM FROM COMPUTER VIRUS, OR CONTENT ANY OTHER WARRANTIES OF THIS SITEANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY. USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, (II) MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS. BY ACCESSING OR USING THE ACCURACYSERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. NOTWITHSTANDING THE FOREGOING, COMPLETENESSTHESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM OUR INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR CONTENT GROSS NEGLIGENCE. LIMITATION OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteIN NO EVENT SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CUSTOMERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WE SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE OR THESE TERMS, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM VENEWLIVE’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE BUYER HAS CONDUCTED ITS OWN INDEPENDENT REVIEW AND AGREE ANALYSIS OF THE ASSETS AND ACKNOWLEDGES THAT YOUR USE BUYER HAS BEEN PROVIDED SATISFACTORY ACCESS TO THE ASSETS FOR SUCH PURPOSE. IN ENTERING INTO THIS AGREEMENT, BUYER HAS RELIED SOLELY UPON THE REPRESENTATIONS AND WARRANTIES OF THIS SITE SHALL BE AT YOUR SELLER IN ARTICLE II AND ITS OWN RISK INVESTIGATION AND THAT THIS SITE ARE PROVIDED "AS IS"ANALYSIS, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYBUYER: (A) ACKNOWLEDGES THAT, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF SELLER IN ARTICLE II, NONE OF SELLER, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, DIRECTORSUNIT HOLDERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AFFILIATES, CONTROLLING PERSONS, AGENTS, DISCLAIM ALL WARRANTIESADVISORS OR REPRESENTATIVES MAKES OR HAS MADE ANY REPRESENTATION OR WARRANTY, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED OR MADE AVAILABLE TO BUYER OR ITS DIRECTORS, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTROLLING PERSONS, AGENTS OR REPRESENTATIVES; AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IB) THE ACCURACYAGREES, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTHAT NONE OF SELLER, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, UNIT HOLDERS, MEMBERS, MANAGERS, PARTNERS, AFFILIATES, CONTROLLING PERSONS, AGENTS, ADVISORS OR REPRESENTATIVES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER TO BUYER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, CONTROLLING PERSONS, AGENTS OR REPRESENTATIVES ON ANY BASIS (INCLUDING IN CONTRACT OR TORT, AT LAW OR IN EQUITY, UNDER FEDERAL OR STATE SECURITIES LAWS OR OTHERWISE) BASED UPON ANY INFORMATION PROVIDED OR MADE AVAILABLE, OR STATEMENTS MADE, TO BUYER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, CONTROLLING PERSONS, ADVISORS, AGENTS OR REPRESENTATIVES (OR ANY OMISSIONS THEREFROM), INCLUDING IN RESPECT OF THE SUBJECT MATTER OF THE SPECIFIC REPRESENTATIONS AND WARRANTIES OF SELLER SET FORTH IN THIS AGREEMENT, EXCEPT THAT THE FOREGOING LIMITATIONS SHALL NOT APPLY IN THE CASE OF ACTUAL FRAUD BY SELLER OR TO THE EXTENT SELLER MAKES THE SPECIFIC REPRESENTATIONS AND WARRANTIES SET FORTH IN ARTICLE II. BUYER HAS RELIED ON NO REPRESENTATION OR WARRANTY OTHER THAN AS DESCRIBED IN THE PRECEDING SENTENCE. EXCEPT AS SPECIFICALLY SET FORTH IN ARTICLE II, SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, IN RESPECT OF OR OTHERWISE IN ANY WAY RELATING TO ITSELF OR THE ASSETS, INCLUDING WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY SUCH OTHER REPRESENTATIONS OR WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. BUYER FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY REPRESENTED OTHERWISE IN ARTICLE II, SELLER HAS NOT AND WILL NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING ANY OF THE ASSETS AND BUYER SHALL BE DEEMED TO BE TAKING THE ASSETS “AS IS” AND “WHERE IS” FOR ALL PURPOSES.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Summit Midstream Partners, LP), Purchase and Sale Agreement (Summit Midstream Partners, LP)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE IT IS UNDERSTOOD AND AGREE AGREED THAT YOUR USE FIRST DATA DOES NOT REPRESENT, WARRANT OR GUARANTEE IN ANY WAY THAT THE PERFORMANCE OF THIS SITE SHALL THE SUPPORT SERVICES, ANY ADDITIONAL SERVICES OR THE SERVICES CONTEMPLATED BY ARTICLE 3 WILL BE AT YOUR OWN RISK UNINTERRUPTED OR ERROR FREE. EXCEPT AS PROVIDED HEREIN, NO PARTY HERETO MAKES ANY, AND THAT THIS SITE ARE PROVIDED "AS IS"EACH PARTY HERETO HEREBY EXPRESSLY DISCLAIMS ANY, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORYREPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDINGARISING OUT OF OR RELATED TO THIS AGREEMENT, BUT NOT LIMITED TOINCLUDING AS TO ANY SERVICES, HARDWARE, SOFTWARE, EQUIPMENT OR MATERIALS PROVIDED OR USED BY OR ON BEHALF OF ANY PARTY UNDER THIS AGREEMENT. EACH PARTY HERETO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. FIRST DATA AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESCOMPANY HEREBY AGREE THAT THIS AGREEMENT INVOLVES THE PROVISIONS OF SERVICES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THAT THIS AGREEMENT IS A SERVICE AGREEMENT FOR PURPOSES OF THE ACCURACY, COMPLETENESS, OR CONTENT UNIFORM COMMERCIAL CODE AND THEREFORE THAT THE PROVISIONS OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) UNIFORM COMMERCIAL CODE SHALL NOT APPLY TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteAGREEMENT.

Appears in 2 contracts

Samples: Operations Agreement (Moneygram Payment Systems Inc), Operations Agreement (Moneygram Payment Systems Inc)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT YOUR USE EACH OF THIS SITE SHALL BE AT YOUR OWN RISK THE U1 ONLINE SERVICES IS PROVIDED ON AN "AS-IS" AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" BASIS. YOU AGREE YOUR USE OF THE U1 ONLINE SERVICES, AND "WITH ALL FAULTS"EACH OF THEM, IS AT YOUR SOLE RISK AND DISCRETION. COMPANYYOU UNDERSTAND AND EXPRESSLY AGREE FURTHER THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE U1 ONLINE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, ITS OFFICERSINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, DIRECTORSWE AND OUR SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, EMPLOYEESDELETION, AGENTSMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE AND OUR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORYREPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYPURPOSE, ITS OFFICERS, DIRECTORS, EMPLOYEESOR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND AGENTS WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE AND OUR SERVICE PROVIDERS MAKE NO REPRESENTATIONS WARRANTY OR WARRANTIES ABOUT (I) REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE U1 ONLINE SERVICES, OR ANY OF THEM, THE ACCURACY, COMPLETENESSCOMPLETENESS OR RELIABILITY OF ANY INFORMATION OR RESULTS OBTAINED THROUGH THE U1 ONLINE SERVICES, OR CONTENT ANY OF THIS SITETHEM, (II) THE ACCURACY, COMPLETENESSACCURACY OF ANY INFORMATION RETRIEVED BY US FROM ANY OF YOUR ACCOUNTS AT OTHER FINANCIAL INSTITUTIONS OR THAT THE U1 ONLINE SERVICES, OR ANY OF THEM, WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. WE AND OUR SERVICE PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OF ANY SITES LINKED (THAT MAY BE AVAILABLE THROUGH HYPERLINKSTHE U1 ONLINE SERVICES, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKSOF THEM, BANNER ADVERTISING IS FREE OF INFECTION FROM ANY VIRUSES OR OTHERWISE) OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO THIS SITEDAMAGE, AND COMPANY ASSUMES SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE U1 ONLINE SERVICES, OR ANY OF THEM. NO LIABILITY ADVICE OR RESPONSIBILITY FOR THE SAME. IN ADDITIONINFORMATION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO WHETHER ORAL OR WRITTEN INFORMATION WRITTEN, OBTAINED BY YOU FROM US OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-OUR THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A ANY WARRANTY OF ANY KIND WITH RESPECT TO NOT STATED IN THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteAGREEMENT.

Appears in 2 contracts

Samples: U1 Online Access Agreement, U1 Online Access Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF EXCEPT AS EXPRESSLY SET FORTH IN THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS"AGREEMENT, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THE PARTIES HERETO EACH DISCLAIM ALL WARRANTIESLIABILITY AND RESPONSIBILITY FOR ANY REPRESENTATION, STATUTORYWARRANTY, EXPRESS STATEMENTS OR IMPLIEDCOMMUNICATIONS (ORALLY OR IN WRITING) TO THE OTHER PARTIES (INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION CONTAINED IN ANY OPINION, INFORMATION OR ADVICE THAT MAY HAVE BEEN PROVIDED TO ANY SUCH PARTY BY ANY PARTNER, OFFICER, STOCKHOLDER, DIRECTOR, EMPLOYEE, AGENT, CONSULTANT, REPRESENTATIVE OR CONTRACTOR OF SUCH DISCLAIMING PARTY OR ITS AFFILIATES OR ANY ENGINEER OR ENGINEERING FIRM, OR OTHER AGENT, CONSULTANT OR REPRESENTATIVE) WHEREVER AND HOWEVER MADE, INCLUDING, BUT NOT LIMITED TO, THOSE MADE IN ANY IMPLIED DATA AND ANY SUPPLEMENTS OR AMENDMENTS THERETO OR DURING ANY NEGOTIATIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER SELLER MAKES ANY REPRESENTATION OR WARRANTY AS TO (A) THE AMOUNT, VALUE, QUALITY OR DELIVERABILITY OF HYDROCARBONS OR RESERVES ATTRIBUTABLE TO THE ASSETS OR (B) ANY GEOLOGICAL, ENGINEERING OR OTHER INTERPRETATIONS OR ECONOMIC VALUATIONS. SUBJECT TO THE REPRESENTATIONS AND WARRANTIES OF TITLESELLER IN ARTICLE 4, MERCHANTABILITYWHICH MAY ONLY BE ENFORCED PURSUANT TO ARTICLE 12, FITNESS FOR A PARTICULAR PURPOSE THE ASSETS ARE SOLD WITH SPECIAL WARRANTIES ONLY. ALL TANGIBLE PERSONAL PROPERTY INCLUDED IN THE ASSETS IS SOLD “AS IS, WHERE IS,” AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESNEITHER SELLER MAKES ANY, AND AGENTS MAKE NO REPRESENTATIONS SELLER DISCLAIMS ANY, REPRESENTATION OR WARRANTIES ABOUT WARRANTY, WHETHER EXPRESS OR IMPLIED, AND WHETHER BY COMMON LAW, STATUTE, OR OTHERWISE, AS TO (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITEMERCHANTABILITY, (II) THE ACCURACYFITNESS FOR ANY PARTICULAR PURPOSE, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OR (IV) CONDITION. THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND PARTIES AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A THE PRECEDING DISCLAIMERS OF WARRANTY ARE “CONSPICUOUS” DISCLAIMERS FOR PURPOSES OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RULE OR ORDER. Executed on the dates set forth in the acknowledgments below but effective as of the Effective Time. SELLER: PXXXX PETROLEUM CORP. an Oklahoma corporation By: /s/ Gxxx Xxxxxx Gxxx Xxxxxx, President SHAREHOLDER: /s/ Gxxx Xxxxxx Gxxx Xxxxxx BUYER: RIO VISTA PXXXX, LLC By: /s/ Ixx Xxxxxxxx Ixx Xxxxxxxx, Manager EXHIBIT A Assets 33,333.32 shares of MV Pipeline Stock 100,000 shares of G M Oil Properties, Inc. EXHIBIT B Well List Working Net Revenue Lease Legal Interest Interest MxXxxxxx County Hxxxx C #1 2-10N-17E 0.666666 0.570286 Sxxxxxx #1 3-10N-17E 0.666666 0.510417 Pxxxxx A #1 13-10N-17E 0.252376 0.209600 Pxxxxx A #3 13-10N-17E 0.252376 0.209600 Groseclos #1-13 13-10N-17E 0.090040 0.077777 Groseclos #2-13 13-10N-17E 0.090040 0.077777 Axxxxxxxx A #1 24-10N-17E 0.316064 0.274721 Axxxxxxxx A #2 24-10N-17E 0.316064 0.274721 Army Corp of Eng A #1 25-10N-17E 0.400000 0.350000 MxXxx X #0 00-00X-00X 0.000000 0.000000 XxXxx X #2 24-10N-17E 0.224250 0.196218 MxXxx C #1 24-10N-17E 0.182500 0.159686 MxXxx C #2 24-10N-17E 0.182500 0.159686 Nxxxx 3V-24 24-10N-17E 0.387500 0.328320 Nxxxx A #1 24-10N-17E 0.387500 0.328320 Uxxxxxxx A #1 29-10N-17E 0.400000 0.330820 1st Realty Adv #1 36-10N-17E 0.280822 0.246991 Hxxxxxx A #1 16-10N-18E 0.397916 0.324355 Dxxxx B #1 17-10N-18E 0.399452 0.340531 Brinsfield A #1 18-10N-18E 0.214178 0.183490 Brinsfield A #2 18-10N-18E 0.214178 0.183490 Kxxxxx-Xxxx A #1 18-10N-18E 0.343064 0.294404 Kxxxxx-Xxxx A #2 18-10N-18E 0.343064 0.293528 MxXxx D #1 19-10N-18E 0.400000 0.346112 MxXxx D #2 19-10N-18E 0.400000 0.346112 MxXxx E #1 19-10N-18E 0.383725 0.323005 Army Corp of Eng B #1 30-10N-18E 0.359194 0.306669 Mxxxx A #1 31-10N-18E 0.294556 0.249278 Mxxxx A #2-31 31-10N-18E 0.274556 0.232352 Hxxxxxxxx #2 14-11N-17E 0.666666 0.525241 Sxxxxxxx #3 14-11N-17E 0.666666 0.525000 Mxxxxx H #1 15-11N-17E 0.666666 0.583332 Lxxxx Xxxxxxxx #1 16-11N-17E 0.666666 0.000000 Osmond #2 16-11N-17E 0.666666 0.578124 Txx Xxxxxxx #1 21-11N-17E 0.166666 0.145832 Mxxxxx #2/Kxxx #1 22-11N-17E 0.666666 0.000000 CONFIDENTIAL Working Net Revenue Lease Legal Interest Interest Kxxx #1-22 22-11N-17E 0.666666 0.546874 Kxxx #2 22-11N-17E 0.666666 0.546874 Vxxxxx #1 22-11N-17E 0.666666 0.552082 Wxxx #1 22-11N-17E 0.666666 0.558332 Wxxx #2 22-11N-17E 0.666666 0.558332 Storm #1-23 23-11N-17E 0.666666 0.549896 Storm #23-6 23-11N-17E 0.666666 0.545832 Storm #23-7 23-11N-17E 0.520000 0.000000 Davidson #1 24-11N-17E 0.666666 0.522917 Hxxxxxxxxx #1 25-11N-17E 0.666666 0.513802 Grosclos #1 25-11N-17E 0.666666 0.533332 Kloeckler #2-25 25-11N-17E 0.666666 0.533332 Sxxxx #1 25-11N-17E 0.666666 0.526822 Mxxxx #1 26-11N-17E 0.666666 0.527460 Kindred #1 26-11N-17E 0.666666 0.535156 Dxxx Xxxxxx #1-29 29-11N-17E 0.666666 0.530000 Dxxx Xxxxxx Jr. #2-29 29-11N-17E 0.666666 0.533332 Fxxxxxx 3-29 29-11N-17E 0.666666 0.533332 CX Xxxxxxx #1-30 & #2-30 30-11N-17E 0.666666 0.513332 Rose #1 30-11N-17E 0.666666 0.000000 Fxxxxxx 1-31/Kxxxxxx 1-31 31-11N-17E 0.666666 0.512512 Yxxxxxxx #1 31-11N-17E 0.666666 0.508266 Mxxxxx #2 32-11N-17E 0.666666 0.000000 Mxxxxx #3,#6,#7,#9 32-11N-17E 0.666666 0.531666 Mxxxxx #8 33-11N-17E 0.666666 0.530000 Mxxxxx #1 33-11N-17E 0.666666 0.530000 Wxxxxx #1 34-11N-17E 0.666666 0.533332 Pxxxx #1-34 34-11N-17E 0.666666 0.538369 Nxxx #1-34 34-11N-17E 0.666666 0.538368 Sxxxxxxx #1-35 35-11N-17E 0.666666 0.531900 Nxxx #1-35 35-11N-17E 0.666666 0.461978 Cxxxx #1 35-11N-17E 0.666666 0.546874 Txxxxx #1-35 & #2-35 35-11N-17E 0.666666 0.527652 Axxxx Xxxxxxxx #1 36-11N-17E 0.666666 0.553124 Bradford #2-36 36-11N-17E 0.666666 0.539894 Sxxxxxx #1-36 36-11N-17E 0.666666 0.541745 Memphis #1-4 4-11N-18E 0.666666 0.546874 Axxxxx #1 18-12N-17E 0.666666 0.583332 Wood #1-2 2-12N-18E 0.666666 0.546875 Cxxxxxx #1-2 2-12N-18E 0.666666 0.557786 Working Net Revenue Lease Legal Interest Interest Pittsburg County Well Bore Only Bxxx A -1 30-4N-12E 0.387423 0.308353 Belt Trust #26-1 26-4N-16E 0.624375 0.507305 Well Bore Only Food #2 3-5N-13E 0.520000 0.362644 Well Bore Only Dxxxxxx #2 35-6N-13E 0.633332 0.458367 Canadian #1-7 7-8N-16E 0.102596 0.087699 Canadian #1-H-7 7-8N-16E 0.117436 0.090421 Canadian #2-7 7-8N-16E 0.163392 0.130593 Canadian #2-H-7 7-8N-16E 0.159978 0.130094 Canadian #3-7 7-8N-16E 0.106434 0.083259 Canadian #3-H-7 7-8N-16E 0.159978 0.130094 Canadian #4-H-7 7-8N-16E 0.159978 0.130094 Canadian #5-7 7-8N-16E 0.117436 0.092368 1st OK Resources #1 1-9N-17E 0.063643 0.055918 Dxxxxxx A #1 1-9N-17E 0.252000 0.211018 Hxxxxxxxxx #1 1-9N-17E 0.010260 0.008977 JX Xxxxx #1 1-9N-17E 0.063643 0.055771 Pxxxxxxx E #1 1-9N-17E 0.388014 0.318953 1st Realty Adv #1 36-10N-17E 0.280822 0.246991 Hxxxxxx County Cxxxxx #1 2-9N-18E 0.333332 0.285704 Exxx Xxxxxx #1 6-9N-18E 0.007500 0.006563 Wxxxxxx #1 5-9N-18E 0.002500 0.002000 Wxxxxxx #2 5-9N-18E 0.002500 0.002000 Wxxxxxx #3 5-9N-18E 0.002500 0.002000 Wxxxxxx #4 5-9N-18E 0.002500 0.002000 Mxxxx A #1 31-10N-18E 0.294556 0.249278 Mxxxx A #2-31 31-10N-18E 0.274556 0.232352 Bxxxx A #1 32-10N-18E 0.311214 0.261520 Bxxxx A #2 32-10N-18E 0.311214 0.261520 CONFIDENTIAL EXHIBIT C Form Assignment, Bxxx of Sale and shall survive any termination or expiration Conveyance ASSIGNMENT, BXXX OF SALE AND CONVEYANCE THIS ASSIGNMENT, BXXX OF SALE AND CONVEYANCE (“Assignment”), dated effective _____________, 2007 (the “Effective Time”), is from _____________, an _____________, whose address is _____________ (as “Assignor”) to _____________, an _____________, whose address is _____________ (as “Assignee”). For $10.00 and other good and valuable consideration, the receipt and sufficiency of this Agreement or your use which are hereby acknowledged, Assignor hereby sells, assigns, transfers, grants, bargains, and conveys to Assignee all of this Site or Assignor’s right, title and interest, in and to the Services found at this Site.following (all of which are called the “Assets”), save and except the Excluded Assets as defined below:

Appears in 2 contracts

Samples: Asset Purchase Agreement (Rio Vista Energy Partners Lp), Asset Purchase Agreement (Penn Octane Corp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF EXCEPT AS EXPRESSLY SET FORTH IN THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS"AGREEMENT, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THE PARTIES HERETO EACH DISCLAIM ALL WARRANTIESLIABILITY AND RESPONSIBILITY FOR ANY REPRESENTATION, STATUTORYWARRANTY, EXPRESS STATEMENTS OR IMPLIEDCOMMUNICATIONS (ORALLY OR IN WRITING) TO THE OTHER PARTIES (INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION CONTAINED IN ANY OPINION, INFORMATION OR ADVICE THAT MAY HAVE BEEN PROVIDED TO ANY SUCH PARTY BY ANY PARTNER, OFFICER, STOCKHOLDER, DIRECTOR, EMPLOYEE, AGENT, CONSULTANT, REPRESENTATIVE OR CONTRACTOR OF SUCH DISCLAIMING PARTY OR ITS AFFILIATES OR ANY ENGINEER OR ENGINEERING FIRM, OR OTHER AGENT, CONSULTANT OR REPRESENTATIVE) WHEREVER AND HOWEVER MADE, INCLUDING, BUT NOT LIMITED TO, THOSE MADE IN ANY IMPLIED DATA AND ANY SUPPLEMENTS OR AMENDMENTS THERETO OR DURING ANY NEGOTIATIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER SELLER MAKES ANY REPRESENTATION OR WARRANTY AS TO (A) THE AMOUNT, VALUE, QUALITY OR DELIVERABILITY OF HYDROCARBONS OR RESERVES ATTRIBUTABLE TO THE ASSETS OR (B) ANY GEOLOGICAL, ENGINEERING OR OTHER INTERPRETATIONS OR ECONOMIC VALUATIONS. SUBJECT TO THE REPRESENTATIONS AND WARRANTIES OF TITLESELLER IN ARTICLE 4, MERCHANTABILITYWHICH MAY ONLY BE ENFORCED PURSUANT TO ARTICLE 12, FITNESS FOR A PARTICULAR PURPOSE THE ASSETS ARE SOLD WITH SPECIAL WARRANTIES ONLY. ALL TANGIBLE PERSONAL PROPERTY INCLUDED IN THE ASSETS IS SOLD “AS IS, WHERE IS,” AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESNEITHER SELLER MAKES ANY, AND AGENTS MAKE NO REPRESENTATIONS SELLER DISCLAIMS ANY, REPRESENTATION OR WARRANTIES ABOUT WARRANTY, WHETHER EXPRESS OR IMPLIED, AND WHETHER BY COMMON LAW, STATUTE, OR OTHERWISE, AS TO (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITEMERCHANTABILITY, (II) THE ACCURACYFITNESS FOR ANY PARTICULAR PURPOSE, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OR (IV) CONDITION. THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND PARTIES AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A THE PRECEDING DISCLAIMERS OF WARRANTY ARE “CONSPICUOUS” DISCLAIMERS FOR PURPOSES OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RULE OR ORDER. Executed on the dates set forth in the acknowledgments below but effective as of the Effective Time. SELLER: G M Oil Properties, Inc. an Oklahoma corporation By: /s/ Bxxx Xxxx Bxxx Xxxx, CEO RIO VISTA PXXXX, LLC By: /s/ Ixx Xxxxxxxx Ixx Xxxxxxxx, Manager EXHIBIT A Assets 16,666 shares of MV Pipeline Stock EXHIBIT B Well List WELL NAME Location WI NRI MxXxxxxx Co. Cxxxxxxx 1-7 7-9N-15E 0.8495639 0.6902707 Hunton Season 1-8 8-9N-15E 0.8495639 0.6902707 Hxxxx C #1 2-10N-17E 0.3333333 0.2708864 Sxxxxxx #1 3-10N-17E 0.3333333 0.2424480 Pxxxxxx 1-6 6-10N-17E 0.5100000 0.4239375 Pxxxxx #3 13-10N-17E 0.3785663 0.2986818 Pxxxxx A #1 13-10N-17E 0.3785663 0.2986818 Groseclos 1 13-10N-17E 0.9099600 0.7467243 Groseclos 2-13 13-10N-17E 0.9099600 0.7467243 Axxxxxxxx A #1 24-10N-17E 0.4926775 0.4069960 Axxxxxxxx A #2 24-10N-17E 0.5183605 0.4285978 Army Corp A #1 25-10N-17E 0.6000000 0.4987500 MxXxx B #1 24-10N-17E 0.2777062 0.2308612 MxXxx B #2 24-10N-17E 0.7414625 0.6362893 MxXxx C #1 24-10N-17E 0.7800000 0.6431797 MxXxx C #2 24-10N-17E 0.7800000 0.6482577 Nxxxx #3V-24 24-10N-17E 0.5968750 0.4810402 Nxxxx A #1 24-10N-17E 0.5812500 0.4678566 Uxxxxxxx A #1 29-10N-17E 0.6000000 0.4714213 First Real Adv 36-10N-17E 0.4002539 0.3327110 Sxxxxxx-Xxxxx #1 36-10N-17E 0.6914561 0.5858195 Hxxxxxx A #1 16-10N-18E 0.5968750 0.4622072 Dxxxx B #1 17-10N-18E 0.5991797 0.4852561 Groseclos 2V-17 17-10N-18E 0.9996093 0.8265801 Brinsfield A #1 18-10N-18E 0.3212678 0.2614747 Brinsfield A #2 18-10N-18E 0.3212678 0.2614747 Kxxxxx-Xxxx A #1 18-10N-18E 0.5145979 0.4182776 Kxxxxx-Xxxx A #2 18-10N-18E 0.5145979 0.4182776 MxXxx D #1 19-10N-18E 0.6000000 0.4932113 MxXxx D 2V-19 19-10N-18E 0.6000000 0.4932113 MxXxx E #1 19-10N-18E 0.4795379 0.3801410 MxXxx E 2V-19 19-10N-18E 0.6144496 0.4911638 Army Corp B #1 30-10N-18E 0.5387926 0.4370026 Mxxxx A #1 31-10N-18E 0.4418344 0.3552212 Mxxxx A #2 31-10N-18E 0.4336383 0.3486318 Hxxxxxxxx 2 14-11N-17E 0.3333333 0.2494893 CONFIDENTIAL WELL NAME Location WI NRI Sxxxxxxx #3 14-11N-17E 0.3333333 0.2493751 Mxxxxx H #1 15-11N-17E 0.3333333 0.2770834 Lxxxx Xxxxxxxx #1-16 16-11N-17E 0.3333333 0.3166667 Osmond #2 16-11N-17E 0.3333333 0.2746094 Txx Xxxxxxx 21-11N-17E 0.8333333 0.6927084 Mxxxxx0/Xxxx0 Xxxxxxxx 21-11N-17E 1.0000000 0.7718750 Kxxx 1-22 22-11N-17E 0.3333333 0.2597656 Vxxxxx #1 22-11N-17E 0.3333333 0.2622396 Wxxx #1-22 22-11N-17E 0.3333333 0.2652084 Wxxx #2-22 22-11N-17E 0.3333333 0.2652084 Storm #1-23 23-11N-17E 0.3333333 0.2612007 Storm #23-6 23-11N-17E 0.3333333 0.2592709 Storm #23-7 23-11N-17E 0.2600000 0.2470000 Davidson 1 24-11N-17E 0.3333333 0.2483856 Hxxxxxxxxx 1-25 25-11N-17E 0.3333333 0.2440560 Groseclos #1 25-11N-17E 0.3333333 0.2533333 Kloeckler #2-25 25-11N-17E 0.3333333 0.2533333 Sxxxx #1 25-11N-17E 0.3333333 0.2502408 Mxxxx #1 26-11N-17E 0.3333333 0.2505435 Kindred #1 26-11N-17E 0.3333333 0.2541992 Dxxx Xxxxxx 1-29 29-11N-17E 0.3333333 0.2517500 D Mxxxxx Xx 2-29 29-11N-17E 0.3333333 0.2533333 Fxxxxxx 3-29 29-11N-17E 0.3333333 0.2533333 C X Xxxxxxx 1-30 30-11N-17E 0.3333333 0.2438334 Rose 30-11N-17E 0.3333333 0.3166667 Fxxxxxx/Kxxxxxx 31-11N-17E 0.3333333 0.2434440 Yxxxxxxx #1 31-11N-17E 0.3333333 0.2414267 Mxxxxx 10 32-11N-17E 1.0000000 0.6982500 Mxxxxx 3,6,7,9 32-11N-17E 0.3333333 0.2525417 Mxxxxx 1 & 8 33-11N-17E 0.3333333 0.2517500 Wxxxxx #1 34-11N-17E 0.3333333 0.2533333 Pxxxx 1-34 34-11N-17E 0.3333333 0.2557252 Nxxx 1-34 34-11N-17E 0.3333333 0.2557252 Sxxxxxxx #1-35 35-11N-17E 0.3333333 0.2526530 Cxxxx #1 35-11N-17E 0.3333333 0.2597656 Txxxxx #1,2-35 35-11N-17E 0.3333333 0.2506356 Nxxx 1-35 35-11N-17E 0.3333333 0.2194402 A Txxxxxxx #1 36-11N-17E 0.3333333 0.2627345 Bradford 2-36 36-11N-17E 0.3333333 0.2564505 Sxxxxxx #1 36-11N-17E 0.3333333 0.2573288 Memphis 1-4 4-11N-18E 0.3333333 0.2597656 Wood 2-12N-18E 0.3333333 0.2597656 Cxxxxxx 1-2 2-12N-18E 0.3333333 0.2649484 WELL NAME Location WI NRI Pittsburg Co. Bxxx A-1 30-4N-12E 0.3635900 0.3450778 Belt Trust 26-1 26-4N-16E 0.3143750 0.2349398 Food #2 3-5N-13E 0.2600000 0.1722568 Dxxxxxx 2 35-6N-13E 0.3166667 0.2177245 Bxxxxx Xxxxxx #1-2 2-8N-15E 0.3000000 0.2400000 Txxxxx #2-2 2-8N-15E 0.3000000 0.2400000 Sam’s Point N/O 2-8N-15E 0.3000000 0.2370899 Jxxxxxxx 1-2 2-8N-15E 0.3000000 0.2400000 Dxxxx 1-2 2-8N-15E 0.3000000 0.2400000 Mxxx Jxxx #1A 9-8N-15E 0.5100000 0.3936563 Fry #1-17 17-8N-15E 0.0110677 0.0085429 Beets #1-17 17-8N-15E 0.0110677 0.0085429 Pxxxxxxx #1-17 17-8N-15E 0.0110677 0.0085429 Indianola #1-17 N/O 17-8N-15E 0.0110677 0.0092000 Cxxxx #1-17 17-8N-15E 0.0110677 0.0085429 Canadian #1 7-8N-16E 0.2395047 0.1959465 Canadian #1H-7 7-8N-16E 0.3060868 0.2410774 Canadian #2 7-8N-16E 0.4186074 0.3178308 Canadian #2H-7 7-8N-16E 0.3076813 0.2299528 Canadian #3 7-8N-16E 0.3163320 0.2396207 Canadian #3H-7 7-8N-16E 0.3076813 0.2299528 Canadian #4H-7 7-8N-16E 0.3076813 0.2299528 Canadian #5 7-8N-16E 0.3951180 0.3040035 Axxxxx #3-20 20-8N-16E 0.2500000 0.2226563 ACE 1-36 36-9N-15E 0.5100000 0.3936563 Dxxxxxx A #1 1-9N-17E 0.3780000 0.3007025 JX Xxxxx 1-9N-17E Pxxxxxxx E #1 1-9N-17E 0.6119850 0.4780619 Fxxxx 1-24 N/O 24-9N-17E 0.3398438 0.2761230 Belt 5V-24 24-9N-17E 0.3398763 0.2719010 Belt A #1-24 24-9N-17E 1.0000000 0.7718750 Belt A #2-24 24-9N-17E 1.0000000 0.7718750 First Real Adv 36-10N-17E 0.4002539 0.3327110 Sxxxxxx-Xxxxx #1 36-10N-17E 0.6914561 0.5858195 CONFIDENTIAL WELL NAME Location WI NRI Hxxxxxx Co. Cxxxxx #1-2 2-9N-18E 0.1666667 0.1357101 Wxxxxxx A #1 5-9N-18E 0.0750000 0.0578906 Wxxxxxx A #2 5-9N-18E 0.0750000 0.0578906 Wxxxxxx A #3 5-9N-18E 0.0750000 0.0578906 Wxxxxxx A #4 5-9N-18E 0.0750000 0.0578906 Txxxxxxx 6-9N-18E 0.0565680 0.0470216 Txxxxxxx #2 N/O 6-9N-18E 0.0565680 0.0470216 Exxx Xxxxxx #1 6-9N-18E 0.0187500 0.0155860 Hxxxxxx Head #1 N/O 6-9N-18E 0.0279053 0.0231964 Hxxxxxx Head #2 N/O 6-9N-18E 0.0279053 0.0231964 Dxxxxx #2 7-9N-18E 0.7997511 0.5959750 Mxxxx A #1 31-10N-18E 0.4418344 0.3552212 Mxxxx A #2 31-10N-18E 0.4336383 0.3486318 Bxxxx A #1 32-10N-18E 0.4668212 0.3726663 Bxxxx A #2 32-10N-18E 0.4668212 0.3726663 EXHIBIT C Form Assignment, Bxxx of Sale and shall survive any termination or expiration Conveyance ASSIGNMENT, BXXX OF SALE AND CONVEYANCE THIS ASSIGNMENT, BXXX OF SALE AND CONVEYANCE (“Assignment”), dated effective _____________, 2007 (the “Effective Time”), is from _____________, an _____________, whose address is _____________ (as “Assignor”) to _____________, an _____________, whose address is _____________ (as “Assignee”). For $10.00 and other good and valuable consideration, the receipt and sufficiency of this Agreement or your use which are hereby acknowledged, Assignor hereby sells, assigns, transfers, grants, bargains, and conveys to Assignee all of this Site or Assignor’s right, title and interest, in and to the Services found at this Site.following (all of which are called the “Assets”), save and except the Excluded Assets as defined below:

Appears in 2 contracts

Samples: Asset Purchase Agreement (Rio Vista Energy Partners Lp), Asset Purchase Agreement (Penn Octane Corp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE EXCEPT AS MAY EXPRESSLY BE SET FORTH HEREIN OR IN ANY OTHER TRANSACTION AGREEMENT, (A) NONE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORYTHE PARTIES HERETO OR ANY OTHER PERSON MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO ANY OF THE TRANSACTIONS (INCLUDING ANY CONSENTS OR APPROVALS REQUIRED IN CONNECTION THEREWITH) OR THE BUSINESS, BUT NOT LIMITED TOASSETS, CONDITION OR PROSPECTS (FINANCIAL OR OTHERWISE) OF, OR ANY OTHER MATTER INVOLVING, THE ASSETS, BUSINESSES OR LIABILITIES OF TWE, TWIC, HOLDCO, THE COMPANY OR THE AOLTW BROADBAND GROUP; (B) ALL OF THE ASSETS TO BE RETAINED OR TRANSFERRED OR THE LIABILITIES TO BE RETAINED, ASSUMED OR TRANSFERRED IN ACCORDANCE WITH THE TRANSACTION AGREEMENTS SHALL BE TRANSFERRED OR ASSUMED ON AN "AS IS, WHERE IS BASIS," AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR SPECIFIC PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESOR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IC) NONE OF THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE PARTIES HERETO OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER PERSON MAKES ANY REPRESENTATION OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE ANY INFORMATION, DOCUMENTS OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE TRANSACTIONS OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICEENTERING INTO OF THE TRANSACTION AGREEMENTS. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY NOTWITHSTANDING ANYTHING TO THE FULLEST CONTRARY HEREIN, THE AT&T PARTIES ARE NOT DISCLAIMING ANY RIGHTS IT MAY HAVE IN ITS CAPACITY AS A SHAREHOLDER OF AOLTW COMMON STOCK, TO THE SAME EXTENT PERMITTED AS IF THE SHARES RECEIVED HEREUNDER WERE INSTEAD PURCHASED ON THE OPEN MARKET, UNDER APPLICABLE SECURITIES LAWS, INCLUDING SECTION 10(b) OF THE 1934 ACT AND RULE 10b-5 PROMULGATED THEREUNDER DURING THE PERIOD BEGINNING ON THE CLOSING AND ENDING ON THE 90TH DAY FOLLOWING THE CONTINUED EFFECTIVENESS OF THE SHELF REGISTRATION STATEMENT CONTEMPLATED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTHE AOLTW REGISTRATION RIGHTS AGREEMENT AND AOLTW EXPRESSLY ACKNOWLEDGES THAT THE AT&T PARTIES SHALL BE ENTITLED TO ANY RIGHTS AND REMEDIES PROVIDED BY SUCH SECTION 10(b) OF THE 1934 ACT AND SUCH RULE AS IF THE AT&T PARTIES HAD SO PURCHASED SUCH SHARES ON THE OPEN MARKET PROVIDED THAT THE AT&T PARTIES ASSERT SUCH RIGHT OR REMEDY ON OR BEFORE SUCH 90TH DAY.

Appears in 2 contracts

Samples: Restructuring Agreement (American Television & Communications Corp), Restructuring Agreement (At&t Corp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE EXCEPT AS MAY EXPRESSLY BE SET FORTH HEREIN, IN ANY OTHER ANCILLARY AGREEMENT OR REAL PROPERTY INSTRUMENT OR IN THE MERGER AGREEMENT, (A) NONE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS"AT&T, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORYAT&T BROADBAND OR ANY OTHER PERSON MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY (INCLUDING ANY CONSENTS OR APPROVALS REQUIRED IN CONNECTION THEREWITH) OR THE BUSINESS, BUT NOT LIMITED TOASSETS, CONDITION OR PROSPECTS (FINANCIAL OR OTHERWISE) OF, OR ANY OTHER MATTER INVOLVING, THE ASSETS, BUSINESSES OR LIABILITIES OF AT&T, AT&T BROADBAND, THE AT&T COMMUNICATIONS GROUP OR THE AT&T BROADBAND GROUP; (B) ALL OF THE ASSETS TO BE RETAINED OR TRANSFERRED OR THE LIABILITIES TO BE RETAINED, ASSUMED OR TRANSFERRED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE TRANSFERRED OR ASSUMED ON AN "AS IS, WHERE IS BASIS," AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR SPECIFIC PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESOR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IC) THE ACCURACYNONE OF AT&T, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE AT&T BROADBAND OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER PERSON MAKES ANY REPRESENTATION OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE ANY INFORMATION, DOCUMENTS OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE SEPARATION, THE DISTRIBUTION OR THE SERVICES FOUND AT MERGER OR THE ENTERING INTO OF THIS SITE, AGREEMENT OR THE MERGER AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICETHEREBY. EACH PARTY HERETO AGREES AND ACKNOWLEDGES THAT THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES IN THE MERGER AGREEMENT SHALL APPLY NOT SURVIVE THE EFFECTIVE TIME. AT&T UNDERSTANDS AND AGREES THAT NO AT&T BROADBAND ENTITY SHALL HAVE ANY LIABILITY TO AT&T OR ANY OTHER PERSON FOR MONETARY DAMAGES FOR ANY BREACH BY SUCH AT&T BROADBAND ENTITY PRIOR TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteEFFECTIVE TIME OF THIS AGREEMENT OR ANY OTHER ANCILLARY AGREEMENT OR REAL PROPERTY INSTRUMENT.

Appears in 2 contracts

Samples: Separation and Distribution Agreement (Comcast Corp), Separation and Distribution Agreement (At&t Corp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE THE LESSEE ACKNOWLEDGES AND AGREE AGREES THAT YOUR USE (i) THE AIRFRAME AND EACH ENGINE IS OF A SIZE, DESIGN, AND CAPACITY AND MANUFACTURE SELECTED BY AND ACCEPTABLE TO THE LESSEE, (ii) THE LESSEE IS SATISFIED THAT THE AIRFRAME AND EACH ENGINE IS SUITABLE FOR ITS PURPOSES, (iii) NEITHER THE OWNER PARTICIPANT NOR THE LESSOR IS A MANUFACTURER OR A DEALER IN PROPERTY OF SUCH KIND AND (iv) THE AIRFRAME AND EACH ENGINE IS LEASED HEREUNDER SUBJECT TO ALL APPLICABLE LAWS AND GOVERNMENTAL REGULATIONS, NOW IN EFFECT OR HEREAFTER ADOPTED, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY THE LESSOR, THE INDENTURE TRUSTEE, THE OWNER PARTICIPANT OR ANY HOLDER. THE LESSOR LEASES THE AIRFRAME AND EACH ENGINE, AS-IS, WHERE-IS, AND, EXCEPT AS PROVIDED IN THE LAST SENTENCE OF THIS SITE SECTION 5.01, NEITHER THE LESSOR, THE INDENTURE TRUSTEE, THE OWNER PARTICIPANT NOR ANY HOLDER MAKES, HAS MADE OR SHALL BE AT YOUR OWN RISK DEEMED TO HAVE MADE, AND THAT THIS SITE ARE PROVIDED "AS IS"EACH HAS AND WILL HAVE BEEN DEEMED TO HAVE EXPRESSLY DISCLAIMED, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, ANY WARRANTY OR REPRESENTATION EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF AS TO (A) THE TITLE, MERCHANTABILITYAIRWORTHINESS, WORKMANSHIP, CONDITION, VALUE, FITNESS FOR A ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYUSE OR PURPOSE, ITS OFFICERSDESIGN, DIRECTORSOPERATION OR MERCHANTABILITY OF THE AIRFRAME, EMPLOYEESEACH ENGINE OR ANY PART THEREOF, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IB) THE ACCURACYABSENCE OF LATENT OR OTHER DEFECTS, COMPLETENESS, WHETHER OR CONTENT OF THIS SITENOT DISCOVERABLE, (IIC) THE ACCURACY, COMPLETENESS, OR CONTENT ABSENCE OF ANY SITES LINKED INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, (THROUGH HYPERLINKSD) THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, BANNER ADVERTISING (E) THE LESSOR'S TITLE THERETO, (F) THE LESSEE'S OR OTHERWISEANY SUBLESSEE'S RIGHT TO THE QUIET ENJOYMENT THEREOF (EXCEPT AS PROVIDED IN ARTICLE 18 HEREOF) TO THIS SITE, AND/OR (IIIG) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMEOTHER MATTER WHATSOEVER. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE IT IS AGREED THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY ALL RISKS INCIDENT TO THE FULLEST EXTENT PERMITTED MATTERS DISCUSSED IN THE PRECEDING SENTENCE, AS AMONG THE LESSOR, THE INDENTURE TRUSTEE, THE OWNER PARTICIPANT AND THE LESSEE, ARE TO BE BORNE BY LAW, and shall survive any termination or expiration THE LESSEE. The provisions of this Agreement Section 5.01 have been negotiated by the Lessor and the Lessee and, except as provided in Article 7 of the Participation Agreement, are intended to be a complete exclusion and negation of any representations or your use warranties of this Site the Lessor, the Indenture Trustee and the Owner Participant, express or implied, with respect to the Services found at this SiteAirframe and each Engine that may arise pursuant to any law now or hereafter in effect, or otherwise.

Appears in 2 contracts

Samples: Lease Agreement (Federal Express Corp), Lease Agreement (Federal Express Corp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE THE PRODUCT SHALL BE AT BEAT YOUR OWN RISK RISK, AND THAT THIS SITE ARE THE PRODUCT IS PROVIDED "AS IS", "AS AVAILABLE" AND "SHALL PERFORM SUBSTANTIALLY IN COMPLIANCE WITH ALL FAULTS"ITS DOCUMENTATION. COMPANYFULL SAIL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTSREPRESENTATIVES, AND AGENTS HEREBY DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTY ARISING FROM ANYDESCRIPTION OR SPECIFICATION PROVIDED FOR THE PRODUCT (SAVE AND EXCEPT FOR THE DOCUMENTATION), OR ANY SAMPLE OR MODEL PRESENTED TO YOU OR YOUR REPRESENTATIVES, AND ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SYSTEMSINTEGRATION, ACCURACY, RESULTS OR OUTPUT (SAVE AND NON-INFRINGEMENT. COMPANYEXCEPT AS SET OUT IN THE DOCUMENTATION).FULL SAIL, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITETHE PRODUCT, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) SITESLINKED TO THIS SITETHE PRODUCT, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.OR

Appears in 1 contract

Samples: Subscriber Terms and Conditions

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE 9.01 NO WARRANTY OR REPRESENTATION BY SELLER: EXCEPT AS PROVIDED IN SECTION 8.05(i), THE TRANSACTION CONTEMPLATED HEREBY SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS (i) WITHOUT ANY WARRANTY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES REPRESENTATION OF TITLE, MERCHANTABILITYEITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE; (ii) WITHOUT ANY EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION AS TO THE CONDITION, QUANTITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, FREEDOM FROM HIDDEN VICES OR DEFECTS, CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY OF THE MOVABLES OR ITS FITNESS FOR ANY PURPOSE; AND NON-INFRINGEMENT(iii) EXCEPT AS PROVIDED IN ARTICLE 8, WITHOUT ANY OTHER EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. COMPANY, PURCHASER SHALL HAVE INSPECTED OR WAIVED ITS OFFICERS, DIRECTORS, EMPLOYEESRIGHT TO INSPECT THE INTERESTS FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION. PURCHASER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE INTERESTS, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) PURCHASER SHALL ACCEPT ALL OF THE ACCURACYSAME IN THEIR "AS IS, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. WHERE IS" CONDITION WITH ALL FAULTS IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SELLER MAKES NO ORAL WARRANTY OR WRITTEN REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR ADVICE PROVIDED BY COMPANYMATERIALS NOW, ITS OFFICERSHERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO PURCHASER IN CONNECTION WITH THIS AGREEMENT INCLUDING, DIRECTORSWITHOUT LIMITATION, EMPLOYEESANY DESCRIPTION OF THE INTERESTS, OR AGENTSTHE ABILITY OR POTENTIAL OF THE INTERESTS TO PRODUCE HYDROCARBONS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND ENVIRONMENTAL CONDITION OF THE INTERESTS OR ANY OTHER MATTERS CONTAINED IN THE NONPROPRIETARY DATA OR ANY OTHER MATERIALS FURNISHED OR MADE AVAILABLE TO PURCHASER BY SELLER OR BY SELLER'S AGENTS OR REPRESENTATIVES. ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS FURNISHED BY SELLER OR OTHERWISE MADE AVAILABLE TO PURCHASER ARE PROVIDED PURCHASER AS A CONVENIENCE AND SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF OR AGAINST SELLER. ANY RELIANCE ON OR USE OF THE SAME SHALL BE AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY PURCHASER'S SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Confidentiality Agreement (Kestrel Energy Inc)

Disclaimer of Representations and Warranties. THE APPLICATION IS PROVIDED TO YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED ON AN "AS IS", ," "AS AVAILABLE," AND "WITH ALL FAULTS"" BASIS. COMPANY, NEITHER INTRVYL NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEESMANAGERS, AGENTSEMPLOYEES OR AGENTS (COLLECTIVELY, DISCLAIM ALL WARRANTIESTHE "INTRVYL PARTIES") MAKE ANY REPRESENTATIONS, STATUTORYWARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR APPLICATION, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOOR ARISING FROM COURSE OF DEALING, ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENTFREEDOM FROM COMPUTER VIRUS. COMPANYBY ACCESSING OR USING THE APPLICATION YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APPLICATION. NOTWITHSTANDING THE FOREGOING, ITS OFFICERSTHESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, DIRECTORSSTATUTORY CONSUMER RIGHTS, EMPLOYEESDAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM INTRVYL INTENTIONAL MISCONDUCT, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACYRECKLESSNESS, COMPLETENESSFRAUD, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteGROSS NEGLIGENCE.

Appears in 1 contract

Samples: Intrvyl End User License Agreement

Disclaimer of Representations and Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED TO YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "ON AN “AS IS"” BASIS, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYPARTHENON, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE "PARTHENON TECHNOLOGIES PARTIES") DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, STATUTORYOR ENDORSEMENTS OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOOR ARISING FROM COURSE OF DEALING, ANY COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYPURPOSE, ITS OFFICERS, DIRECTORS, EMPLOYEESQUIET ENJOYMENT, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACYFREEDOM FROM COMPUTER VIRUS. THERE MAY BE DELAYS, COMPLETENESSOMISSIONS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITEINTERRUPTIONS, AND COMPANY ASSUMES NO LIABILITY INACCURACIES IN THE CONTENT OR RESPONSIBILITY FOR OTHER MATERIAL MADE AVAILABLE THROUGH THE SAMESERVICE. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION THE CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX, OR MEDICAL ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteYOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY PARTHENON OR A LICENSOR OF PARTHENON. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE DISCLAIMERS TO APPLY TO YOU, THE DISCLAIMERS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: www.parthenontex.com

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-THIRD- PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Terms of Services

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR MEMBERSHIP IN RAVEN, USE OF THIS SITE RAVEN AND THE MEMBERSHIP BENEFITS SHALL BE AT YOUR OWN RISK AND THAT THIS SITE RAVEN AND THE MEMBERSHIP BENEFITS FOUND A T RAVEN ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYCCI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY INCLUDING CCI PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-NON- INFRINGEMENT. COMPANYCCI, ITS OFFICERS, DIRECTORS, EMPLOYEES, CCI PARTNERS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IA) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, RAVEN; OR (IIB) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE RAVEN OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITERAVEN, AND COMPANY CCI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANYCCI, ITS OFFICERS, DIRECTORS, EMPLOYEES, CCI PARTNERS OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR AGENTS EXCEPT AS ARE SPECIFICALLY SET FORTH IN THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICEPOLICIES. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteAND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR MEMBERSHIP OR YOUR USE OF RAVEN OR THE MEMBERSHIP BENEFITS FOUND AT RAVEN.

Appears in 1 contract

Samples: Raven Membership Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE THE LESSEE ACKNOWLEDGES AND AGREE AGREES THAT YOUR USE (i) THE AIRFRAME AND EACH ENGINE IS OF THIS SITE A SIZE, DESIGN, AND CAPACITY AND MANUFACTURE SELECTED BY AND ACCEPTABLE TO THE LESSEE, (ii) THE LESSEE IS SATISFIED THAT THE AIRFRAME AND EACH ENGINE IS SUITABLE FOR ITS PURPOSES, (iii) NEITHER OF THE OWNER PARTICIPANTS NOR THE LESSOR IS A MANUFACTURER OR A DEALER IN PROPERTY OF SUCH KIND AND (iv) THE AIRFRAME AND EACH ENGINE IS LEASED HEREUNDER SUBJECT TO ALL APPLICABLE LAWS AND GOVERNMENTAL REGULATIONS, NOW IN EFFECT OR HEREAFTER ADOPTED, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY THE LESSOR (IN ITS INDIVIDUAL CAPACITY OR AS OWNER TRUSTEE), THE INDENTURE TRUSTEE, THE OWNER PARTICIPANTS OR ANY HOLDER. THE LESSOR LEASES THE AIRFRAME AND EACH ENGINE, AS-IS, WHERE-IS, AND NEITHER THE LESSOR (IN ITS INDIVIDUAL CAPACITY OR AS OWNER TRUSTEE), THE INDENTURE TRUSTEE, THE OWNER PARTICIPANTS NOR ANY HOLDER MAKES, HAS MADE OR SHALL BE AT YOUR OWN RISK DEEMED TO HAVE MADE, AND THAT THIS SITE ARE PROVIDED "AS IS"EACH HAS AND WILL HAVE BEEN DEEMED TO HAVE EXPRESSLY DISCLAIMED, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, ANY WARRANTY OR REPRESENTATION EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF AS TO (A) THE TITLE, MERCHANTABILITYAIRWORTHINESS, WORKMANSHIP, CONDITION, VALUE, FITNESS FOR A ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYUSE OR PURPOSE, ITS OFFICERSDESIGN, DIRECTORSOPERATION OR MERCHANTABILITY OF THE AIRFRAME, EMPLOYEESEACH ENGINE OR ANY PART THEREOF, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IB) THE ACCURACYABSENCE OF LATENT OR OTHER DEFECTS, COMPLETENESS, WHETHER OR CONTENT OF THIS SITENOT DISCOVERABLE, (IIC) THE ACCURACY, COMPLETENESS, OR CONTENT ABSENCE OF ANY SITES LINKED INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, (THROUGH HYPERLINKSD) THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, BANNER ADVERTISING (E) THE LESSOR'S TITLE THERETO, (F) THE LESSEE'S OR OTHERWISEANY SUBLESSEE'S RIGHT TO THE QUIET ENJOYMENT THEREOF (EXCEPT AS PROVIDED IN ARTICLE 18 HEREOF) TO THIS SITE, AND/OR (IIIG) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMEOTHER MATTER WHATSOEVER. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE IT IS AGREED THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY ALL RISKS INCIDENT TO THE FULLEST EXTENT PERMITTED MATTERS DISCUSSED IN THE PRECEDING SENTENCE, AS AMONG THE LESSOR, THE INDENTURE TRUSTEE, THE OWNER PARTICIPANTS AND THE LESSEE, ARE TO BE BORNE BY LAW, and shall survive any termination or expiration THE LESSEE. The provisions of this Agreement Section 5.01 have been negotiated by the Lessor and the Lessee and, except as provided in Article 7 of the Participation Agreement, are intended to be a complete exclusion and negation of any representations or your use warranties of this Site the Lessor, the Indenture Trustee and the Owner Participants, express or implied, with respect to the Services found at this SiteAirframe and each Engine that may arise pursuant to any law now or hereafter in effect, or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Federal Express Corp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES ON THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IA) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (IIB) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (IIIC) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteAND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Appears in 1 contract

Samples: www.synonym.finance

Disclaimer of Representations and Warranties. YOU SPECIFICALLY THE PARTIES ACKNOWLEDGE THAT, BECAUSE, THROUGH TUNETACCESS, TU PRODUCTS ARE ACCESSIBLE VIA THE INTERNET WHICH IS AN OPEN NETWORK, NEITHER, TRANSUNION NOR ITS SUPPLIERS, CONTRACTORS, AND AGREE THAT YOUR USE VENDORS, OF ANY TIER, MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO TUNETACCESS; WITH RESPECT TO ANY AND ALL DOCUMENTS AND/OR OTHER MATERIALS PROVIDED TO SUBSCRIBER UNDER THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS"AGREEMENT; WITH RESPECT TO LOSS OR CORRUPTION OF DATA; LOSS OF, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYOR DAMAGE TO, ITS OFFICERSEQUIPMENT AND/OR SOFTWARE; SYSTEM RESPONSE TIMES, DIRECTORSACCESS DELAYS OR ACCESS INTERRUPTIONS; NOR COMPUTER VIRUSES, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, WHETHER EXPRESS OR IMPLIEDIMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, IN NO EVENT SHALL TRANSUNION NOR ITS SUPPLIERS, CONTRACTORS, AND VENDORS, OF ANY TIER, BE HELD LIABLE IN ANY MANNER WHATSOEVER FOR ANY LOSS OR INJURY TO SUBSCRIBER AND/OR ITS THIRD PARTY PROCESSOR, ARISING OUT OF OR FROM THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES INCURRED BY SUBSCRIBER REGARDLESS OF TITLETHE THEORY UPON WHICH SUCH DAMAGES ARE BASED AND EVEN IF TRANSUNION OR ITS SUPPLIERS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESCONTRACTORS, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACYVENDORS, COMPLETENESSOF ANY TIER, OR CONTENT ANY ONE OR MORE OF THIS SITETHE FOREGOING PARTIES, (II) HAS BEEN ADVISED OF THE ACCURACY, COMPLETENESS, OR CONTENT POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMELIMITED REMEDY. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAWSubscriber shall have the right, and shall survive is encouraged by TransUnion, to maintain any termination other type of TransUnion-authorized connection to TransUnion for use in conjunction with the TU Products and any other TU products or expiration of this Agreement services that Subscriber has purchased or your use of this Site or the Services found at this Sitelicensed from TransUnion and which are not accessible via TUNetAccess.

Appears in 1 contract

Samples: Transunionnetacess Agreement

Disclaimer of Representations and Warranties. THE SITES, MEDICARE SUGGEST, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL OTHER SERVICES AND PRODUCTS ASSOCIATED WITH MEDICARE SUGGEST OR PROVIDED THROUGH MEDICARE SUGGEST (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU SPECIFICALLY ACKNOWLEDGE ON AN “AS-IS” AND “AS AVAILABLE” BASIS. MILLIMAN AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITES OR OF MEDICARE SUGGEST. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE SHALL BE THE SITES AND MEDICARE SUGGEST IS AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS"SOLE RISK. NEITHER MILLIMAN OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORYWARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDINGREGARDING THE ACCURACY, BUT RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF MEDICARE SUGGEST (WHETHER OR NOT LIMITED TOSPONSORED), AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE. COMPANYNEITHER MILLIMAN OR ITS SUPPLIERS MAKE ANY REPRESENTATION, ITS OFFICERSWARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH MEDICARE SUGGEST IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DIRECTORSSURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS DATA OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES ABOUT (I) OR THE ACCURACY, COMPLETENESS, LIMITATION OR CONTENT EXCLUSION OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, LIABILITY FOR INCIDENTAL OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMECONSEQUENTIAL DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Terms of Use

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE THE SYSTEM (INCLUDING, WITHOUT LIMITATION, THE WEBSITE(S)) IS AT YOUR OWN RISK SOLE RISK. THE SYSTEM AND THAT THIS SITE WEBSITE(S) ARE PROVIDED ON AN "AS IS", " AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASTLEBRANCH EXPRESSLY DISCLAIMS ANY AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIEDREPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESINFRINGEMENT OF INTELLECTUAL PROPERTY, AND AGENTS MAKE ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CASTLEBRANCH DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SYSTEM. NO REPRESENTATIONS ADVICE OR WARRANTIES ABOUT (I) THE ACCURACYINFORMATION, COMPLETENESSWHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CASTLEBRANCH, OR CONTENT FROM OR THROUGH USE OF THIS SITETHE SYSTEM SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED HEREIN. CASTLEBRANCH ASSUMES NO, (II) THE ACCURACYAND SHALL HAVE NO, COMPLETENESSRESPONSIBILITY OR LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKSALTERATION OF, BANNER ADVERTISING OR OTHERWISE) TO THIS SITEYOUR COMMUNICATIONS, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKSPERSONAL INFORMATION, BANNER ADVERTISING OR OTHERWISE) TO THIS SITEDATA, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESCONTENT, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL RECORDINGS. CASTLEBRANCH IS NOT LIABLE FOR ANY PROBLEMS OR FINANCIAL ADVICE TECHNICAL MALFUNCTION CAUSED BY ANY OF THE EQUIPMENT OR (II) CREATE A WARRANTY OF ANY KIND PROGRAMMING ASSOCIATED WITH RESPECT TO THIS SITE OR UTILIZED BY THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICESYSTEM. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.IN NO EVENT SHALL ANY CASTLEBRANCH PARTY BE LIABLE TO YOU OR ANY OTHER PERSON, ENTITY, OR ORGANIZATION FOR ANY DAMAGES, LOSSES, EXPENSES, OR OTHER AMOUNTS, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SYSTEM, (INCLUDING, WITHOUT LIMITATION, ANY WEBSITE(S)), YOUR PURCHASE OR USE OF ANY OF THE PRODUCTS OR SERVICES OFFERED, ADVERTISED, OR SOLD THROUGH THE SYSTEM OR BY CASTLEBRANCH, ANY LOSS OR DISCLOSURE OF YOUR PERSONAL INFORMATION, DATA, CONTENTS, OR RECORDINGS, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS, EVEN IF ARISING FROM CASTLEBRANCH'S NEGLIGENCE AND EVEN IF CASTLEBRANCH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY

Appears in 1 contract

Samples: Terms and Conditions of Use

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE WITHOUT LIMITING THE GENERALITY OF SECTION 5.9(a) AND EXCEPT FOR THE REPRESENTATIONS, WARRANTIES, COVENANTS, INDEMNITIES AND OTHER RIGHTS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASERS AND PURCHASERS' PARENT UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK SELLERS AND THAT THIS SITE ARE PROVIDED "AS IS"CPI OTHERWISE EXPRESSLY DISCLAIM AND NEGATE ANY OTHER REPRESENTATIONS, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORYWARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, INCLUDINGAT COMMON LAW, BUT NOT LIMITED TOSTATUTORY, ANY IMPLIED WARRANTIES OR OTHERWISE AS TO (i) LIABILITIES, (ii) OPERATION OF THE ASSETS OF OPP, INCLUDING THE OLEANDER STATION, TITLE, CONDITION, VALUE OR QUALITY OF SUCH ASSETS OR THE BUSINESS, CONDITION (FINANCIAL OR OTHERWISE), OR PROSPECTS OF OPP, RISKS AND OTHER INCIDENTS OF THE PARTNERSHIP INTERESTS OR SUCH ASSETS, (iii) ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYWITH RESPECT TO SUCH ASSETS OR ANY PART THEREOF, ITS OFFICERSOR AS TO THE WORKMANSHIP THEREOF OR THE ABSENCE OF ANY DEFECTS THEREIN, DIRECTORSWHETHER LATENT OR PATENT, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (Iiv) THE ACCURACYPRESENCE OR ABSENCE OF ANY HAZARDOUS SUBSTANCES IN, COMPLETENESSON, OR CONTENT DISPOSED OR DISCHARGED FROM, THE OLEANDER STATION AND OTHER ASSETS OF THIS SITE, (II) THE ACCURACY, COMPLETENESSOPP , OR CONTENT (v) ANY INFRINGEMENT BY SELLERS, CPI, OPP, OR ANY OF THEIR AFFILIATES OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING PATENT OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR PROPRIETARY RIGHT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, THIRD PARTY. PURCHASERS AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND PURCHASERS' PARENT FURTHER AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE MATERIAL PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL COMMUNICATION MADE BY SELLERS OR FINANCIAL ADVICE CPI OR (II) CREATE A WARRANTY ANY REPRESENTATIVE OF ANY KIND WITH RESPECT TO THIS SITE SELLER OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY CPI PRIOR TO THE FULLEST EXTENT PERMITTED EFFECTIVE DATE WILL CONSTITUTE, CREATE OR OTHERWISE CAUSE TO EXIST ANY REPRESENTATION OR WARRANTY DISCLAIMED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTHE FOREGOING.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Southern Power Co)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE NOTWITHSTANDING -------------------------------------------- ANYTHING CONTAINED HEREIN OR IN ANY OTHER OPERATIVE DOCUMENT, THE LESSEE DOES NOT MAKE NOR SHALL THE LESSEE BE DEEMED TO HAVE MADE, AND AGREE THAT YOUR USE THE LESSEE HEREBY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OTHER THAN THOSE REFERRED TO IN THIS SECTION, IN ANY OFFICER'S CERTIFICATE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS"THE LESSEE OR EXPRESSLY MADE IN ANY OTHER OPERATIVE DOCUMENT, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO THE DESIGN OR CONDITION OF THE FACILITY OR ANY PART THEREOF, BUT NOT LIMITED TOTHE MERCHANTABILITY THEREOF OR THE FITNESS THEREOF FOR ANY PARTICULAR PURPOSE, THE ABILITY OF THE FACILITY OR ANY IMPLIED WARRANTIES PART THEREOF TO PERFORM ANY FUNCTION, THE QUALITY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS THE MATERIALS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESSWORKMANSHIP THEREOF OR CONFORMITY THEREOF TO SPECIFICATIONS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, PRESENCE OR CONTENT ABSENCE OF ANY SITES LINKED (THROUGH HYPERLINKSLATENT OR OTHER DEFECTS, BANNER ADVERTISING WHETHER OR OTHERWISE) TO NOT DISCOVERABLE; PROVIDED THAT THE FOREGOING SHALL NOT EXCUSE THE PERFORMANCE BY THE LESSEE OF ITS OBLIGATIONS SET FORTH IN THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE PARTICIPATION AGREEMENT OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO OTHER OPERATIVE DOCUMENT. THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS REPRESENTATION AND WARRANTIES SHALL APPLY TO SURVIVE ANY TERMINATION OR RESCISSION OF THIS PARTICIPATION AGREEMENT AND THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteOTHER OPERATIVE DOCUMENTS.

Appears in 1 contract

Samples: Participation Agreement (Mobil Corp)

Disclaimer of Representations and Warranties. YOU EXCEPT AS SPECIFICALLY ACKNOWLEDGE SET FORTH IN THE ASSIGNMENT AND AGREE THAT YOUR USE XXXX OF THIS SITE SHALL BE AT YOUR OWN RISK SALE OR IN THE DEED, (A) SOPUS IS CONTRIBUTING AND THAT THIS SITE ARE PROVIDED "AS TRITON IS ACQUIRING THE TERMINAL ASSETS ON AN “AS-IS"” AND “WHERE-IS” BASIS, "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE TERMINAL ASSETS (EXPRESS, IMPLIED OR STATUTORY), AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS (B) NO PARTY HAS MADE AND IS NOT MAKING ANY REPRESENTATION OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYPURPOSE, ITS OFFICERS, DIRECTORS, EMPLOYEESMERCHANTABILITY OR OTHERWISE WITH REGARD TO THE TERMINAL ASSETS, AND AGENTS MAKE NO REPRESENTATIONS EACH PARTY HAS EXPRESSLY DISCLAIMED ANY WARRANTIES (EXPRESS, IMPLIED OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITESTATUTORY), (IIC) THE ACCURACYTRITON IS NOT RELYING ON (AND EXPRESSLY DISCLAIMS ANY RELIANCE ON) ANY STATEMENT, COMPLETENESS, PROMISE OR CONTENT EXTRA-CONTRACTUAL REPRESENTATION OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OTHER PARTY OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING AGENT OR OTHERWISE) TO THIS SITEEMPLOYEE OF SUCH OTHER PARTY, AND COMPANY ASSUMES (D) NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL HAS NOR DOES SUCH PARTY WARRANTY DESCRIPTION (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND OTHER THAN WITH RESPECT TO THIS SITE REAL PROPERTY), VALUE, QUALITY OR CONDITION OF ANY OF THE SERVICES FOUND AT THIS SITETERMINAL ASSETS (INCLUDING STORAGE TANKS, AND USERS SHOULD NOT RELY PIPELINES, LOADING FACILITIES, APPURTENANT OR ASSOCIATED EQUIPMENT OR OTHER REAL OR PERSONAL PROPERTY LOCATED ON ANY SUCH INFORMATION OR ADVICE. INCLUDED IN THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTERMINAL ASSETS.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Shell Midstream Partners, L.P.)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE EACH OF CPE AND AGREE THAT YOUR USE CPE LLC (ON BEHALF OF THEMSELVES AND EACH MEMBER OF THE CLOUD PEAK GROUP) AND RTEA AND KMS (ON BEHALF OF THEMSELVES AND EACH MEMBER OF THE RTEA GROUP) UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN ANY TRANSACTION DOCUMENT, NO PARTY TO THIS SITE SHALL AGREEMENT, ANY TRANSACTION DOCUMENT OR ANY OTHER AGREEMENT OR DOCUMENT CONTEMPLATED BY THIS AGREEMENT, ANY TRANSACTION DOCUMENT OR OTHERWISE, IS REPRESENTING OR WARRANTING IN ANY WAY AS TO THE ASSETS, BUSINESSES OR LIABILITIES ACQUIRED AS CONTEMPLATED HEREBY OR THEREBY AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY FOR FITNESS FOR ANY PARTICULAR PURPOSE. EXCEPT AS MAY EXPRESSLY BE AT YOUR OWN RISK AND THAT THIS SITE SET FORTH HEREIN OR IN ANY TRANSACTION DOCUMENT, ALL SUCH ASSETS ARE PROVIDED "BEING ACQUIRED ON AN “AS IS",” “WHERE IS” BASIS (AND, "AS AVAILABLE" IN THE CASE OF ANY REAL PROPERTY, BY MEANS OF A QUITCLAIM OR SIMILAR FORM DEED OR CONVEYANCE) AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE THE RESPECTIVE ACQUIRORS SHALL BEAR THE ECONOMIC AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT LEGAL RISKS THAT (I) ANY CONVEYANCE SHALL PROVE TO BE INSUFFICIENT TO VEST IN THE ACCURACYACQUIROR GOOD TITLE, COMPLETENESS, FREE AND CLEAR OF ANY SECURITY INTEREST OR CONTENT OF THIS SITE, OTHER ENCUMBRANCE AND (II) THE ACCURACY, COMPLETENESS, ANY NECESSARY CONSENTS OR CONTENT GOVERNMENTAL APPROVALS ARE NOT OBTAINED OR THAT ANY REQUIREMENTS OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING LAWS OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD JUDGMENTS ARE NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteCOMPLIED WITH.

Appears in 1 contract

Samples: Master Separation Agreement (Cloud Peak Energy Inc.)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE NOTWITHSTANDING -------------------------------------------- ANYTHING CONTAINED HEREIN OR IN ANY OTHER OPERATIVE DOCUMENT, EACH OF THE CHARTERER AND AGREE THAT YOUR USE ANY AFFILIATES DOES NOT MAKE NOR SHALL EITHER THE CHARTERER OR ANY AFFILIATES BE DEEMED TO HAVE MADE, AND EACH OF THE CHARTERER AND ANY AFFILIATES HEREBY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OTHER THAN THOSE REFERRED TO IN THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS"SECTION, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYIN ANY OFFICER'S CERTIFICATE OF THE CHARTERER OR EXPRESSLY MADE IN ANY OTHER OPERATIVE DOCUMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO TITLE TO THE VESSEL, BUT NOT LIMITED TOTHE VESSEL'S DESIGN, ANY IMPLIED WARRANTIES OF TITLECONDITION, MERCHANTABILITY, MERCHANTABILITY OR THE VESSEL'S FITNESS FOR A ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYTRADE, ITS OFFICERSTHE ABILITY OF THE VESSEL OR ANY PART THEREOF TO PERFORM ANY FUNCTION, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS THE QUALITY OF THE MATERIALS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESSWORKMANSHIP THEREOF OR CONFORMITY THEREOF TO SPECIFICATIONS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, PRESENCE OR CONTENT ABSENCE OF ANY SITES LINKED (THROUGH HYPERLINKSLATENT OR OTHER DEFECTS, BANNER ADVERTISING WHETHER OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE NOT DISCOVERABLE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER WARRANTY OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE REPRESENTATION WHATSOEVER; PROVIDED THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING SHALL NOT EXCUSE THE PERFORMANCE BY THE CHARTERER OF ITS OBLIGATIONS SET FORTH IN THIS PARTICIPATION AGREEMENT OR ANY OTHER OPERATIVE DOCUMENT. THIS DISCLAIMER OF REPRESENTATIONS REPRESENTATION AND WARRANTIES SHALL APPLY TO SURVIVE ANY TERMINATION OR RESCISSION OF THIS PARTICIPATION AGREEMENT AND THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteOTHER OPERATIVE DOCUMENTS.

Appears in 1 contract

Samples: Participation Agreement (Mobil Corp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE THE LESSEE ACKNOWLEDGES AND AGREE AGREES THAT YOUR USE (i) THE AIRFRAME AND EACH ENGINE IS OF THIS SITE A SIZE, DESIGN, AND CAPACITY AND MANUFACTURE SELECTED BY AND ACCEPTABLE TO THE LESSEE, (ii) THE LESSEE IS SATISFIED THAT THE AIRFRAME AND EACH ENGINE IS SUITABLE FOR ITS PURPOSES, (iii) NEITHER THE OWNER PARTICIPANT NOR THE LESSOR IS A MANUFACTURER OR A DEALER IN PROPERTY OF SUCH KIND AND (iv) THE AIRFRAME AND EACH ENGINE IS LEASED HEREUNDER SUBJECT TO ALL APPLICABLE LAWS AND GOVERNMENTAL REGULATIONS, NOW IN EFFECT OR HEREAFTER ADOPTED, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY THE LESSOR (IN ITS INDIVIDUAL CAPACITY OR AS OWNER TRUSTEE), THE INDENTURE TRUSTEE, THE OWNER PARTICIPANT OR ANY HOLDER. THE LESSOR LEASES THE AIRFRAME AND EACH ENGINE, AS-IS, WHERE-IS, AND NEITHER THE LESSOR (IN ITS INDIVIDUAL CAPACITY OR AS OWNER TRUSTEE), THE INDENTURE TRUSTEE, THE OWNER PARTICIPANT NOR ANY HOLDER MAKES, HAS MADE OR SHALL BE AT YOUR OWN RISK DEEMED TO HAVE MADE, AND THAT THIS SITE ARE PROVIDED "AS IS"EACH HAS AND WILL HAVE BEEN DEEMED TO HAVE EXPRESSLY DISCLAIMED, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYANY WARRANTY OR REPRESENTATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF AS TO (A) THE TITLE, MERCHANTABILITYAIRWORTHINESS, WORKMANSHIP, CONDITION, VALUE, FITNESS FOR A ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYUSE OR PURPOSE, ITS OFFICERSDESIGN, DIRECTORSOPERATION OR MERCHANTABILITY OF THE AIRFRAME, EMPLOYEESEACH ENGINE OR ANY PART THEREOF, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IB) THE ACCURACYABSENCE OF LATENT OR OTHER DEFECTS, COMPLETENESS, WHETHER OR CONTENT OF THIS SITENOT DISCOVERABLE, (IIC) THE ACCURACY, COMPLETENESS, OR CONTENT ABSENCE OF ANY SITES LINKED INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, (THROUGH HYPERLINKSD) THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, BANNER ADVERTISING (E) THE LESSOR'S TITLE THERETO, (F) THE LESSEE'S OR OTHERWISEANY SUBLESSEE'S RIGHT TO THE QUIET ENJOYMENT THEREOF (EXCEPT AS PROVIDED IN ARTICLE 18 HEREOF) TO THIS SITE, AND/OR (IIIG) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMEOTHER MATTER WHATSOEVER. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE IT IS AGREED THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY ALL RISKS INCIDENT TO THE FULLEST EXTENT PERMITTED MATTERS DISCUSSED IN THE PRECEDING SENTENCE, AS AMONG THE LESSOR, THE INDENTURE TRUSTEE, THE OWNER PARTICIPANT AND THE LESSEE, ARE TO BE BORNE BY LAW, and shall survive any termination or expiration THE LESSEE. The provisions of this Agreement Section 5.01 have been negotiated by the Lessor and the Lessee and, except as provided in Article 7 of the Participation Agreement, are intended to be a complete exclusion and negation of any representations or your use warranties of this Site the Lessor, the Indenture Trustee and the Owner Participant, express or implied, with respect to the Services found at this SiteAirframe and each Engine that may arise pursuant to any law now or hereafter in effect, or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Federal Express Corp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-NON- INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Representations and Warranties. THE SERVICE IS PROVIDED TO YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "ON AN “AS IS", ",” “AS AVAILABLE" ,” AND "WITH ALL FAULTS"” BASIS. COMPANY, NEITHER COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTSOR AGENTS (COLLECTIVELY, DISCLAIM ALL THE “COMPANY PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES, STATUTORYOR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOOR ARISING FROM COURSE OF DEALING, ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND NON-INFRINGEMENTWARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. COMPANYNOTWITHSTANDING THE FOREGOING, ITS OFFICERSTHESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, DIRECTORSSTATUTORY CONSUMER RIGHTS, EMPLOYEESDAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACYRECKLESSNESS, COMPLETENESSFRAUD, OR CONTENT GROSS NEGLIGENCE. LIMITATIONS OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO OUR LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteIN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THESE TERMS, OR YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE A S S E RT E D L I A B I L I T Y O R D A M A G E S A R E B A S E D O N C O N T R A C T, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

Appears in 1 contract

Samples: www.kowalskihcp.com

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYNET PROJECTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYNET PROJECTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY NET PROJECTIONS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANYNET PROJECTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTSAGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteAND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Appears in 1 contract

Samples: Universal Terms of Service Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYHOSTINGER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYHOSTINGER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY HOSTINGER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANYHOSTINGER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTSAGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer of Representations and Warranties. THE SERVICE IS PROVIDED TO YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "ON AN “AS IS", ",” “AS AVAILABLE" ,” AND "WITH ALL FAULTS"” BASIS. COMPANY, NEITHER PREMIUM OR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEESMANAGERS, AGENTSEMPLOYEES OR AGENTS (COLLECTIVELY, DISCLAIM ALL WARRANTIESTHE “PREMIUM PARTIES”) MAKE ANY REPRESENTATIONS, STATUTORYWARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE INFORMATION, CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOOR ARISING FROM COURSE OF DEALING, ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENTFREEDOM FROM COMPUTER VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS BY ACCESSING OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) USING THE SERVICES FOUND AT THIS SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. PREMIUM DOES NOT MAKE ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND REPRESENTATIONS WITH RESPECT TO THIS SITE THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICEWEBSITE. THE FOREGOING DISCLAIMER DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. LIMITATIONS OF REPRESENTATIONS AND WARRANTIES SHALL APPLY OUR LIABILITY TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.IN NO EVENT SHALL THE PREMIUM PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD- WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS,

Appears in 1 contract

Samples: workshop.premiumretail.io

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE PURCHASER ACKNOWLEDGES THAT PURCHASER HAS BEEN GIVEN THE OPPORTUNITY TO EXAMINE ALL ASPECTS OF THE REAL PROPERTY AND AGREE THAT YOUR USE OTHER ASSETS AND TO REVIEW ALL FILES CONCERNING THE LOCATION MAINTAINED BY SELLER AND ITS ENVIRONMENTAL CONSULTANTS AND ALL STATE AGENCIES HAVING JURISDICTION OVER THE LOCATION BEFORE PURCHASER’S EXECUTION AND DELIVERY OF THIS SITE AGREEMENT. ACCORDINGLY, PURCHASER AGREES THAT THE ASSETS SHALL BE AT YOUR OWN RISK SOLD AND THAT THIS SITE ARE PROVIDED "PURCHASER SHALL ACCEPT POSSESSION OF THE ASSETS AT CLOSING STRICTLY ON AN “AS IS", "AS AVAILABLE" AND "WHERE IS, WITH ALL FAULTS". COMPANY” BASIS, ITS OFFICERSWITH NO RIGHT OF SET-OFF OR REDUCTION IN THE TOTAL CONSIDERATION EXCEPT FOR ADJUSTMENTS EXPRESSLY CONTEMPLATED AND SET FORTH IN WRITING BY THIS AGREEMENT AND THAT, DIRECTORSEXCEPT FOR SELLER’S LIMITED REPRESENTATIONS SET FORTH IN ARTICLE V HEREOF, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORYTHE SALE OF ASSETS AND OTHER TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT SHALL BE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDINGINCLUDING ANY WARRANTY OF INCOME POTENTIAL, BUT NOT LIMITED TOOPERATING EXPENSES, ANY IMPLIED WARRANTIES OF TITLEUSES, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESPURPOSE, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, SELLER DOES HEREBY DISCLAIM AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON RENOUNCE ANY SUCH INFORMATION REPRESENTATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteWARRANTY.

Appears in 1 contract

Samples: Asset Purchase Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE EXCEPT AS MAY EXPRESSLY BE SET FORTH HEREIN OR IN ANY OTHER TRANSACTION AGREEMENT, (A) NONE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORYTHE PARTIES HERETO OR ANY OTHER PERSON MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO ANY OF THE TRANSACTIONS (INCLUDING ANY CONSENTS OR APPROVALS REQUIRED IN CONNECTION THEREWITH) OR THE BUSINESS, BUT NOT LIMITED TOASSETS, CONDITION OR PROSPECTS (FINANCIAL OR OTHERWISE) OF, OR ANY OTHER MATTER INVOLVING, THE ASSETS, BUSINESSES OR LIABILITIES OF TWE, TWIC, HOLDCO, THE COMPANY OR THE AOLTW BROADBAND GROUP; (B) ALL OF THE ASSETS TO BE RETAINED OR TRANSFERRED OR THE LIABILITIES TO BE RETAINED, ASSUMED OR TRANSFERRED IN ACCORDANCE WITH THE TRANSACTION AGREEMENTS SHALL BE TRANSFERRED OR ASSUMED ON AN “AS IS, WHERE IS BASIS,” AND ALL IMPLIED WARRANTIES OF TITLE, Table of Contents MERCHANTABILITY, FITNESS FOR A PARTICULAR SPECIFIC PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESOR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IC) NONE OF THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE PARTIES HERETO OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER PERSON MAKES ANY REPRESENTATION OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE ANY INFORMATION, DOCUMENTS OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE TRANSACTIONS OR THE SERVICES FOUND AT THIS SITEENTERING INTO OF THE TRANSACTION AGREEMENTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, [THE]NO AT&T [PARTIES ARE NOT]PARTY IS DISCLAIMING ANY RIGHTS IT MAY HAVE IN ITS CAPACITY AS A SHAREHOLDER OF AOLTW COMMON STOCK[, ] TO THE SAME EXTENT AS IF THE SHARES RECEIVED [HEREUNDER]ON CONVERSION OF THE SERIES A PREFERRED STOCK WERE INSTEAD PURCHASED ON THE OPEN MARKET DURING THE VALUATION PERIOD, UNDER [APPLICABLE SECURITIES LAWS, INCLUDING]SECTION 10(b) OF THE 1934 ACT AND RULE 10b-5 PROMULGATED THEREUNDER DURING THE PERIOD BEGINNING ON THE CLOSING AND ENDING ON THE 90TH DAY FOLLOWING THE CONTINUED EFFECTIVENESS OF THE SHELF REGISTRATION STATEMENT CONTEMPLATED BY THE AOLTW REGISTRATION RIGHTS AGREEMENT OR, IF THE SERIES A PREFERRED IS CONVERTED ON OR AFTER THE 90TH DAY PRIOR TO THE SECOND ANNIVERSARY OF ITS ISSUANCE, 90 DAYS FOLLOWING SUCH CONVERSION, AND USERS SHOULD NOT RELY AOLTW EXPRESSLY ACKNOWLEDGES THAT THE AT&T PARTIES SHALL BE ENTITLED TO ANY RIGHTS AND REMEDIES PROVIDED BY SUCH SECTION 10(b) OF THE 1934 ACT AND SUCH RULE AS IF THE AT&T PARTIES HAD SO PURCHASED SUCH SHARES ON ANY THE OPEN MARKET DURING THE VALUATION PERIOD PROVIDED THAT THE AT&T PARTIES ASSERT SUCH INFORMATION RIGHT OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteREMEDY ON OR BEFORE SUCH 90TH DAY.

Appears in 1 contract

Samples: Restructuring Agreement (Aol Time Warner Inc)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE EXCEPT AS MAY EXPRESSLY BE SET FORTH HEREIN, IN ANY ANCILLARY AGREEMENT, IN THE RESTRUCTURING AGREEMENT, IN ANY TRANSACTION AGREEMENT (AND AGREE THAT YOUR USE NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY REAL PROPERTY INSTRUMENT) (A) NONE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS"TWE, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORYHOLDCO OR ANY OTHER PERSON MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY (INCLUDING ANY CONSENTS OR APPROVALS REQUIRED IN CONNECTION THEREWITH) OR THE BUSINESS, BUT NOT LIMITED TOASSETS, CONDITION OR PROSPECTS (FINANCIAL OR OTHERWISE) OF, OR ANY OTHER MATTER INVOLVING, THE ASSETS, BUSINESSES OR LIABILITIES OF TWE, HOLDCO, THE TWE NON-BROADBAND GROUP OR THE TWE BROADBAND GROUP; (B) ALL OF THE ASSETS TO BE RETAINED OR TRANSFERRED OR THE LIABILITIES TO BE RETAINED, ASSUMED OR TRANSFERRED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE TRANSFERRED OR ASSUMED ON AN "AS IS, WHERE IS BASIS," AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR SPECIFIC PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESOR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IC) THE ACCURACYNONE OF TWE, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE HOLDCO OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER PERSON MAKES ANY REPRESENTATION OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO ANY INFORMATION, DOCUMENTS OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE ENTERING INTO OF THIS SITE AGREEMENT OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTRANSACTIONS CONTEMPLATED HEREBY.

Appears in 1 contract

Samples: Distribution Agreement (Aol Time Warner Inc)

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Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICES SHALL BE AT YOUR OWN RISK AND THAT THIS SITE SERVICES FOUND ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYAfroHub Services, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYAfroHub Services, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY AfroHub Services ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANYAfroHub Services, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTSAGENTS (INCLUDING WITHOUT LIMITATION ITS SUPPORT CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteAND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR OUR SERVICES.

Appears in 1 contract

Samples: Universal Terms of Services

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE 9.01 NO WARRANTY OR REPRESENTATION BY SELLER: THE TRANSACTION CONTEMPLATED HEREBY SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS"WITHOUT ANY EXPRESS, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHER WARRANTY OR REPRESENTATION AS TO THE EXHIBIT 10.20 CONDITION, BUT NOT LIMITED TOQUANTITY, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITYQUALITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM REDHIBITORY VICES OR DEFECTS, CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OR MERCHANTABILITY OF ANY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PURPOSE AND NON-INFRINGEMENTWITHOUT ANY OTHER EXPRESS, IMPLIED STATUTORY OR OTHER WARRANTY OR REPRESENTATION WHATSOEVER. COMPANYPURCHASER SHALL HAVE INSPECTED OR WAIVED ITS RIGHT TO INSPECT THE INTERESTS FOR ALL PURPOSES AND SATISFIED ITSELF AS TO THEIR PHYSICAL AND ENVIRONMENTAL CONDITION, ITS OFFICERSBOTH SURFACE AND SUBSURFACE, DIRECTORSINCLUDING BUT NOT LIMITED TO CONDITIONS SPECIFICALLY RELATED TO THE PRESENCE, EMPLOYEESRELEASE OR DISPOSAL OF HAZARDOUS SUBSTANCES, AND AGENTS MAKE THE CONDITION OF ANY WELL CASING, TUBING OR DOWNHOLE EQUIPMENT. PURCHASER IS RELYING SOLELY UPON ITS OWN INSPECTION OF THE INTERESTS, AND PURCHASER SHALL ACCEPT ALL OF THE SAME IN THEIR "AS IS, WHERE IS" CONDITION. THERE ARE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THAT EXTEND BEYOND THE ACCURACY, COMPLETENESS, OR CONTENT FACE OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMEAGREEMENT. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SELLER MAKES NO ORAL WARRANTY OR WRITTEN REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION OR ADVICE PROVIDED BY COMPANYMATERIALS NOW, ITS OFFICERSHERETOFORE OR HEREAFTER FURNISHED OR MADE AVAILABLE TO PURCHASER IN CONNECTION WITH THIS AGREEMENT INCLUDING, DIRECTORSWITHOUT LIMITATION, EMPLOYEESANY DESCRIPTION OF THE INTERESTS, PRICING ASSUMPTIONS, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IIF ANY) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT ATTRIBUTABLE TO THIS SITE THE INTERESTS OR THE SERVICES FOUND ABILITY OR POTENTIAL OF THE INTERESTS TO PRODUCE HYDROCARBONS OR THE ENVIRONMENTAL CONDITION OF THE INTERESTS OR ANY OTHER MATTERS CONTAINED IN THE PROPRIETARY DATA OR ANY OTHER MATERIALS FURNISHED OR MADE AVAILABLE TO PURCHASER BY SELLER OR BY SELLER'S AGENTS OR REPRESENTATIVES. ANY AND ALL SUCH DATA, RECORDS, REPORTS, PROJECTIONS, INFORMATION AND OTHER MATERIALS FURNISHED BY SELLER OR OTHERWISE MADE AVAILABLE TO PURCHASER ARE PROVIDED PURCHASER AS A CONVENIENCE AND SHALL NOT CREATE OR GIVE RISE TO ANY LIABILITY OF OR AGAINST SELLER. ANY RELIANCE ON OR USE OF THE SAME SHALL BE AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY PURCHASER'S SOLE RISK TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Texoil Inc /Nv/)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYNODES UNLIMITED LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-NON- INFRINGEMENT. COMPANYNODES UNLIMITED LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY NODES UNLIMITED LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANYNODES UNLIMITED LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTSAGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteLAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Appears in 1 contract

Samples: Service Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE BUYER AGREES THAT BUYER WILL PERFORM APPROPRIATE, THOROUGH, CUSTOMARY AND AGREE ADEQUATE EXAMINATIONS AND INVESTIGATIONS OF THE PARTNERSHIP AND PROPERTY PRIOR TO THE EXPIRATION OF THE INSPECTION PERIOD. BUYER HEREBY REPRESENTS THAT YOUR USE BUYER IS A SOPHISTICATED DEVELOPER, BUYER AND OPERATOR OF PROPERTY, AND THAT, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS SITE SHALL BE AT YOUR OWN RISK AGREEMENT HEREOF, BUYER WILL RELY SOLELY UPON ITS EXAMINATIONS AND THAT INSPECTIONS IN PURCHASING THE PARTNERSHIP INTERESTS. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS SITE ARE PROVIDED "AS IS"AGREEMENT, "AS AVAILABLE" SELLERS HAVE NOT MADE AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, PATENT OR LATENT PHYSICAL OR ENVIRONMENTAL CONDITION, EXPENSES, LEGAL STATUS, ZONING, TAX CONSEQUENCES, UTILITIES, OPERATIONS, HISTORY OR PROJECTIONS, COMPLIANCE WITH LAWS, VALUE OR UTILITY OF THE PARTNERSHIP OR PROPERTY OR ANY OTHER MATTER OR THING AFFECTING OR RELATED TO THE PARTNERSHIP, THE PROPERTY OR THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLEHABITABILITY, MERCHANTABILITY, MERCHANTABILITY AND/OR OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE), WHICH MIGHT BE PERTINENT IN CONSIDERING WHETHER TO PURCHASE THE PARTNERSHIP INTERESTS OR TO ENTER INTO THIS AGREEMENT; AND NON-INFRINGEMENTBUYER HEREBY EXPRESSLY ACKNOWLEDGES THAT NO SUCH REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED) HAVE BEEN MADE. COMPANYSELLERS ARE NOT LIABLE OR BOUND IN ANY MANNER BY ANY REPRESENTATIONS OR WARRANTIES, ITS EITHER EXPRESS OR IMPLIED, GUARANTEES, OR ANY PROMISES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PARTNERSHIP, PROPERTY OR THE VALUE THEREOF, MADE OR FURNISHED BY ANY BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT SELLERS. BUYER REPRESENTS TO SELLERS THAT BUYER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PARTNERSHIP AND PROPERTY, INCLUDING THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS BUYER DEEMS NECESSARY OR APPROPRIATE TO SATISFY ITSELF AS TO THE CONDITION OF THE PARTNERSHIP AND PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SUCH INVESTIGATIONS AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLERS OR THEIR AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLERS EXPRESSLY SET FORTH IN THIS AGREEMENT. UPON CLOSING, BUYER WILL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS (INCLUDING, WITHOUT LIMITATION, THE EXISTENCE OF MOLD, MILDEW AND OTHER BIOLOGICAL TOXINS OR HAZARDOUS SUBSTANCES), MAY NOT HAVE BEEN REVEALED BY BUYER'S INVESTIGATIONS, AND BUYER, UPON CLOSING, WILL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLERS (AND SELLERS' OFFICERS, DIRECTORS, EMPLOYEESPARTNERS, BENEFICIAL OWNERS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (IINCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH BUYER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLERS (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS SELLERS' OFFICERS, DIRECTORS, EMPLOYEESPARTNERS, BENEFICIAL OWNERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR AGENTSARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL AND ENVIRONMENTAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING, WITHOUT LIMITATION, ANY AND ALL ENVIRONMENTAL LAWS) AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE PARTNERSHIP INTERESTS OR THE PROPERTY, EXCEPT TO THE EXTENT ACTIONABLE AS A BREACH OF AN EXPRESS REPRESENTATION BY ANY SELLER PURSUANT TO THIS AGREEMENT. BUYER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTY BE REQUIRED UNDER ENVIRONMENTAL LAWS OR OTHERWISE AFTER THE DATE OF CLOSING, SUCH CLEAN-UP, REMOVAL OR REMEDIATION WILL NOT BE THE RESPONSIBILITY OF, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE BE PERFORMED AT NO COST TO, SELLERS EXCEPT TO THE EXTENT ACTIONABLE AS A WARRANTY BREACH OF AN EXPRESS REPRESENTATION BY ANY KIND WITH RESPECT SELLER PURSUANT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteAGREEMENT.

Appears in 1 contract

Samples: Agreement of Sale of Partnership Interests (CRT Properties Inc)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE SUBJECT TO THE EXPRESS TERMS AND AGREE THAT YOUR USE CONDITIONS OF THIS AGREEMENT, THE GROUND LEASE AND ANY OTHER DOCUMENTS OR INSTRUMENTS EXECUTED BY THE CITY IN CONNECTION WITH THE PROJECT, (I) UNIVERSITY AGREES THAT THE LEASE SITE, THE UTILITY INSTALLATION SITE SHALL BE AT YOUR OWN RISK AND THAT THIS THE ZSFG SITE ARE PROVIDED "BEING DELIVERED BY CITY AND ACCEPTED BY UNIVERSITY IN THEIR “AS IS", "AS AVAILABLE" AND "IS WITH ALL FAULTS". COMPANY” CONDITION AND (II) UNIVERSITY SPECIFICALLY ACKNOWLEDGES AND AGREES THAT NEITHER CITY, ITS OFFICERSNOR ANY OF THE OTHER CITY INDEMNIFIED PARTIES, DIRECTORSNOR ANY EMPLOYEE, EMPLOYEESOFFICER, AGENTSCOMMISSIONER, DISCLAIM ALL WARRANTIESREPRESENTATIVE OR OTHER AGENT OF ANY OF THEM, STATUTORYHAS MADE, AND THERE IS HEREBY DISCLAIMED, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKSKIND, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS THE CONDITION OF THE LEASE SITE, THE UTILITY INSTALLATION SITE OR THE SERVICES FOUND AT THIS ZSFG SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION THE SUITABILITY OR ADVICE. FITNESS OF THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY LEASE SITE, THE UTILITY INSTALLATION SITE OR THE ZSFG SITE OR APPURTENANCES TO THE FULLEST EXTENT PERMITTED BY LAWLEASE SITE, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTHE UTILITY INSTALLATION SITE OR THE ZSFG SITE FOR THE DEVELOPMENT, USE OR OPERATION OF THE PROJECT, ANY COMPLIANCE WITH LAWS OR APPLICABLE LAND USE OR ZONING REGULATIONS, ANY MATTER AFFECTING THE USE, VALUE, OCCUPANCY OR ENJOYMENT OF THE LEASE SITE, THE UTILITY INSTALLATION SITE OR THE ZSFG SITE, OR ANY OTHER MATTER WHATSOEVER PERTAINING TO THE LEASE SITE, THE UTILITY INSTALLATION SITE OR THE ZSFG SITE OR THE PROJECT.

Appears in 1 contract

Samples: Lease Disposition and Development Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE EXCEPT AS TO MATTERS EXPRESSLY INDEMNIFIED AGAINST IN THIS AGREEMENT, (A) PARTNERSHIP AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED THE PARTNERS ACCEPT THE ASSETS COMPRISING THE FRACTIONATOR FACILITY "AS IS", "AS AVAILABLE" AND "WHERE IS" AND WITH ALL FAULTS". COMPANYFAULTS AND DEFECTS, ITS OFFICERSWHETHER PATENT OR LATENT, DIRECTORS(B) NEITHER WARREN OR DEVCO MAKE ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, WXXXXXX EXPRESS OR IMPLIED, WITH RESPECT TO ALL OR ANY OF SAID ASSETS, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYOR ANY REPRESENTATION WITH RESPECT TO THE DESIGN, ITS OFFICERSQUALITY, DIRECTORSDURABILITY OR SUITABILITY OF THE FRACTIONATOR FACILITY, EMPLOYEESOR ANY PORTIONS THEREOF, FOR A PARTICULAR PURPOSE, AND AGENTS (C) NEITHER WARREN NOR DEVCO MAKE NO ANY REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKSKIND, BANNER ADVERTISING XXXXXER EXPRESS OR OTHERWISE) TO THIS SITEIMPLIED, AND/IN CONNECTION WITH THE VALUE, CONDITION, FITNESS OR (III) USE OF SAID ASSETS OR THE SERVICES FOUND AT THIS SITE PRESENCE, ABSENCE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY CONDITION OF ANY KIND WITH RESPECT TO THIS SITE ENVIRONMENTAL CONTAMINANT OR THE SERVICES FOUND AT THIS SITEPRESENCE OR EXISTENCE OF ANY ENVIRONMENTAL CONDITION, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. EXCEPT FOR THOSE ENVIRONMENTAL MATTERS DISCLOSED IN THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteDISCLOSURE SCHEDULE.

Appears in 1 contract

Samples: Fractionation Agreement (Dynegy Energy Partners Lp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE EXPRESSLY UNDERSTAND AND AGREE THAT THAT: YOUR USE OF THIS SITE SHALL BE THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR OWN RISK AND THAT THIS SITE ARE SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS", " AND "AS AVAILABLE" BASIS. MDG AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIESWARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, STATUTORYPRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MDG AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MDG OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. LIMITATION OF LIABILITY YOU AGREE THAT NEITHER MDG OR ITS SERVICE PROVIDERS NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY XXXXX, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF MDG OR ITS SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT PERFORMANCE OF THIS ANY THIRD PARTY ACCOUNT PROVIDER SITE, (II) EVEN IF THE ACCURACY, COMPLETENESS, OR CONTENT PROVIDER HAS BEEN ADVISED PREVIOUSLY OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/THE POSSIBILITY OF SUCH DAMAGES; OR (IIIvii) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY OTHER MATTER RELATING TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteSERVICE.

Appears in 1 contract

Samples: Verification Terms and Conditions

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY NOR ITS AFFILIATES OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS"ANY KIND, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYEXPRESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, IMPLIED OR STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF TITLE, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYOR ARISING BY USAGE OF TRADE, ITS OFFICERSCOURSE OF DEALING, DIRECTORS, EMPLOYEESOR COURSE OF PERFORMANCE, AND AGENTS MAKE EACH PARTY HEREBY DISCLAIMS THE SAME. SIMPLY HIRED MAKES NO REPRESENTATIONS REPRESENTATION, WARRANTY OR WARRANTIES ABOUT GUARANTEE THAT: (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (IIIA) THE SERVICES FOUND AT THIS SITE WILL MEET PUBLISHER'S REQUIREMENTS (B) THE SERVICES WILL BE APPROPRIATE FOR USE OUTSIDE OF THE UNITED STATES (C) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE OR (E) ANY SITES LINKED (THROUGH HYPERLINKSERRORS, BANNER ADVERTISING INACCURACIES OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR OUTDATED INFORMATION IN THE SAMESERVICES WILL BE CORRECTED. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SIMPLY HIRED MAKES NO ORAL REPRESENTATION, WARRANTY OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND GUARANTEE WITH RESPECT TO THIS SITE THE QUANTITY OF JOB LISTINGS PROVIDED TO PUBLISHER, THE PROPORTION OF EACH TYPE OF JOB LISTING PROVIDED, OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER AMOUNT OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteREVENUE SHARE PUBLISHER MAY RECEIVE HEREUNDER.

Appears in 1 contract

Samples: Jobbot Inc.

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM DIS- CLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISEOTH- ERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESEMPLOY- EES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION IN- FORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTNONINFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) I THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) II THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) OTHERWISE TO THIS SITE, AND/OR (III) III THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) OTHERWISE TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY THIRDPARTY SERVICE PROVIDERS WILL (I) I CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) II CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE THE LESSEE ACKNOWLEDGES AND AGREE AGREES THAT YOUR USE (i) THE AIRFRAME AND EACH ENGINE IS OF THIS SITE A SIZE, DESIGN, AND CAPACITY AND MANUFACTURE SELECTED BY AND ACCEPTABLE TO THE LESSEE, (ii) THE LESSEE IS SATISFIED THAT EACH OF THE AIRFRAME AND EACH ENGINE IS SUITABLE FOR ITS PURPOSES, (iii) NEITHER THE OWNER PARTICIPANT NOR THE LESSOR IS A MANUFACTURER OR A DEALER IN PROPERTY OF SUCH KIND AND (iv) EACH OF THE AIRFRAME AND EACH ENGINE IS LEASED HEREUNDER SUBJECT TO ALL APPLICABLE LAWS AND GOVERNMENTAL REGULATIONS, NOW IN EFFECT OR HEREAFTER ADOPTED, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY THE LESSOR (IN ITS INDIVIDUAL CAPACITY OR AS OWNER TRUSTEE), THE INDENTURE TRUSTEE, THE OWNER PARTICIPANT OR ANY HOLDER. THE LESSOR LEASES THE AIRFRAME AND EACH ENGINE, AS-IS, WHERE-IS, AND NEITHER THE LESSOR (IN ITS INDIVIDUAL CAPACITY OR AS OWNER TRUSTEE), THE INDENTURE TRUSTEE, THE OWNER PARTICIPANT NOR ANY HOLDER MAKES, HAS MADE OR SHALL BE AT YOUR OWN RISK DEEMED TO HAVE MADE, AND THAT THIS SITE ARE PROVIDED "AS IS"EACH HAS AND WILL HAVE BEEN DEEMED TO HAVE EXPRESSLY DISCLAIMED, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYANY WARRANTY OR REPRESENTATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF AS TO (A) THE TITLE, MERCHANTABILITYAIRWORTHINESS, WORKMANSHIP, CONDITION, VALUE, FITNESS FOR A ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYUSE OR PURPOSE, ITS OFFICERSDESIGN, DIRECTORSOPERATION OR MERCHANTABILITY OF THE AIRFRAME, EMPLOYEESEACH ENGINE OR ANY PART THEREOF, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IB) THE ACCURACYABSENCE OF LATENT OR OTHER DEFECTS, COMPLETENESS, WHETHER OR CONTENT OF THIS SITENOT DISCOVERABLE, (IIC) THE ACCURACY, COMPLETENESS, OR CONTENT ABSENCE OF ANY SITES LINKED INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, (THROUGH HYPERLINKSD) THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, BANNER ADVERTISING (E) THE LESSOR'S TITLE THERETO, (F) THE LESSEE'S OR OTHERWISEANY SUBLESSEE'S RIGHT TO THE QUIET ENJOYMENT THEREOF (EXCEPT AS PROVIDED IN ARTICLE 18 HEREOF) TO THIS SITE, AND/OR (IIIG) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMEOTHER MATTER WHATSOEVER. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE IT IS AGREED THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY ALL RISKS INCIDENT TO THE FULLEST EXTENT PERMITTED MATTERS DISCUSSED IN THE PRECEDING SENTENCE, AS AMONG THE LESSOR, THE INDENTURE TRUSTEE, THE OWNER PARTICIPANT AND THE LESSEE, ARE TO BE BORNE BY LAW, and shall survive any termination or expiration THE LESSEE. The provisions of this Agreement Section 5.01 have been negotiated by the Lessor and the Lessee and, except as provided in Article 7 of the Participation Agreement, are intended to be a complete exclusion and negation of any representations or your use warranties of this Site the Lessor, the Indenture Trustee and the Owner Participant, express or implied, with respect to the Services found at this SiteAirframe and each Engine that may arise pursuant to any law now or hereafter in effect, or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Federal Express Corp)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYCLEVER THINGS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYCLEVER THINGS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/AND / OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY CLEVER THINGS, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANYCLEVER THINGS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE PROVIDERS REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE, OR THE SERVICES FOUND AT THIS SITE. Limitation of Liability IN NO EVENT SHALL CLEVER THINGS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND / OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND / OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT CLEVER THINGS, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL CLEVER THINGS, LLC’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICE OR THE SERVICES FOUND AT THIS SITE. Indemnity You agree to protect, defend, indemnify and hold harmless Clever Things, LLC and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Clever Things, LLC directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and / or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement Agreement, or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Service Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.OR

Appears in 1 contract

Samples: Terms of Service Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE EXCEPT AS MAY EXPRESSLY BE SET FORTH IN ARTICLE 3 (INCLUDING THE SCHEDULES THERETO) OF THIS SITE SHALL BE AT YOUR OWN RISK AGREEMENT OR IN ANY OTHER TRANSACTION DOCUMENT, (A) SELLERS DISCLAIM AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORYDO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITH RESPECT TO THE ACQUIRED ASSETS, ANY OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY OTHER TRANSACTION DOCUMENT (INCLUDING ANY CONSENTS OR APPROVALS REQUIRED IN CONNECTION THEREWITH) OR THE CONDITION OR PROSPECTS (FINANCIAL OR OTHERWISE) OF, OR ANY OTHER MATTER INVOLVING, THE ACQUIRED ASSETS (INCLUDING WITH RESPECT TO (1) THE ACCURACY OR COMPLETENESS OF ANY INFORMATION REGARDING THE ACQUIRED ASSETS FURNISHED OR MADE AVAILABLE TO PURCHASER AND ITS REPRESENTATIVES, AND/OR (2) THAT THE ACQUIRED ASSETS ARE DELIVERED FREE OR RIGHTFUL CLAIM OF ANY THIRD PERSON AND (B) ALL OF THE ACQUIRED ASSETS TO BE TRANSFERRED OR THE ACQUIRED LIABILITIES TO BE ASSUMED OR TRANSFERRED, DIRECTLY OR INDIRECTLY, IN ACCORDANCE WITH THIS AGREEMENT OR ANY OTHER TRANSACTION DOCUMENT SHALL BE TRANSFERRED OR ASSUMED ON AN “AS IS, WHERE IS” BASIS, AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED. PURCHASER, TOGETHER WITH ITS ADVISORS, HAS MADE ITS OWN INVESTIGATION OF THE ACQUIRED ASSETS AND NON-INFRINGEMENT. COMPANYIS NOT RELYING ON ANY WARRANTIES, ITS OFFICERSEXPRESS OR IMPLIED, DIRECTORSPROVIDED ORALLY OR CONTAINED IN ANY MATERIALS PROVIDED BY SELLERS OR ANY OF THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE REPRESENTATIVES OR OTHERWISE (INCLUDING ANY ITEMS MADE AVAILABLE TO PURCHASER IN THE ELECTRONIC DOCUMENTATION SITE ESTABLISHED BY SELLERS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT OTHER THAN AS EXPRESSLY PROVIDED IN ARTICLE 3 (IINCLUDING THE SCHEDULES THERETO) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITEAGREEMENT, IN DECIDING TO ENTER INTO THIS AGREEMENT OR THE OTHER TRANSACTION DOCUMENTS AND CLOSE THE TRANSACTIONS CONTEMPLATED HEREIN AND THEREIN. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN ARTICLE 3 OF THIS AGREEMENT (IIINCLUDING THE SCHEDULES THERETO) OR IN ANY OTHER TRANSACTION DOCUMENT, NONE OF THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE PARTIES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER PERSON MAKES ANY REPRESENTATION OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO ANY INFORMATION, DOCUMENTS OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE ENTERING INTO OF THIS SITE AGREEMENT OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OTHER TRANSACTION DOCUMENTS OR ADVICETHE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY NOTWITHSTANDING ANYTHING TO THE FULLEST EXTENT PERMITTED BY LAWCONTRARY CONTAINED HEREIN, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteNOTHING IN THIS SECTION 4.8 SHALL LIMIT THE RIGHT OF PURCHASER TO SEEK ANY AVAILABLE REMEDY FOR INTENTIONAL FRAUD.

Appears in 1 contract

Samples: Asset Purchase Agreement (SAExploration Holdings, Inc.)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF EXCEPT AS EXPRESSLY SET FORTH IN THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS"AGREEMENT, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THE PARTIES HERETO EACH DISCLAIM ALL WARRANTIESLIABILITY AND RESPONSIBILITY FOR ANY REPRESENTATION, STATUTORYWARRANTY, EXPRESS STATEMENT OR IMPLIEDCOMMUNICATION (ORALLY OR IN WRITING) TO THE OTHER PARTY (INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION CONTAINED IN ANY OPINION, INFORMATION OR ADVICE THAT MAY HAVE BEEN PROVIDED TO ANY SUCH PARTY BY ANY OFFICER, STOCKHOLDER, DIRECTOR, EMPLOYEE, AGENT, CONSULTANT, REPRESENTATIVE OR CONTRACTOR OF SUCH DISCLAIMING PARTY OR ITS AFFILIATES OR ANY ENGINEER OR ENGINEERING FIRM, OR OTHER AGENT, CONSULTANT OR REPRESENTATIVE) WHEREVER AND HOWEVER MADE, INCLUDING, BUT NOT LIMITED TO, THOSE MADE IN ANY DATA ROOM OR DATA DOCUMENTS AND ANY SUPPLEMENTS OR AMENDMENTS THERETO OR DURING ANY NEGOTIATIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SELLER MAKES NO REPRESENTATION OR WARRANTY AS TO (A) THE AMOUNT, VALUE, QUALITY OR DELIVERABILITY OF HYDROCARBONS OR RESERVES ATTRIBUTABLE TO THE ASSETS OR (B) ANY GEOLOGICAL, ENGINEERING OR OTHER INTERPRETATIONS OR ECONOMIC VALUATION. THE ASSETS ARE SOLD WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WARRANTY OF TITLETITLE EXCEPT AS TO PERSONS CLAIMING BY, MERCHANTABILITYTHROUGH OR UNDER SELLER. ALL TANGIBLE PERSONAL PROPERTY INCLUDED IN THE ASSETS IS SOLD “AS IS, FITNESS FOR A PARTICULAR PURPOSE WHERE IS,” AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESSELLER MAKES NO, AND AGENTS MAKE NO REPRESENTATIONS DISCLAIMS ANY, REPRESENTATION OR WARRANTIES ABOUT WARRANTY, WHETHER EXPRESS OR IMPLIED, AND WHETHER BY COMMON LAW, STATUTE, OR OTHERWISE, AS TO (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITEMERCHANTABILITY, (II) THE ACCURACYFITNESS FOR ANY PARTICULAR PURPOSE, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OR (IV) CONDITION. THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND PARTIES AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A THE PRECEDING DISCLAIMERS OF WARRANTY ARE “CONSPICUOUS” DISCLAIMERS FOR PURPOSES OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteRULE OR ORDER.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Ring Energy, Inc.)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SITE, THE SERVICES FOUND AT THIS SITE, AND THE SALE OR PURCHASE OF PRODUCTS SHALL BE AT YOUR OWN RISK AND THAT THIS SITE SITE, THE SERVICES FOUND AT THIS SITE, AND THE PRODUCTS ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYHIPSTU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYHIPSTU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES PRODUCTS FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY HIPSTU ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANYHIPSTU, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE PROVIDERS REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR SITE, THE SERVICES FOUND AT THIS SITE, OR THE PRODUCTS, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteAND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE, THE SERVICES FOUND AT THIS SITE, OR THE PRODUCTS.

Appears in 1 contract

Samples: Universal Terms of Service Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE EXCEPT AS MAY EXPRESSLY BE SET FORTH HEREIN, IN ANY ANCILLARY AGREEMENT, IN THE RESTRUCTURING AGREEMENT OR IN ANY OTHER TRANSACTION AGREEMENT (AND AGREE THAT YOUR USE NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN ANY REAL PROPERTY INSTRUMENT), (A) NONE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORYHOLDCO OR ANY OTHER PERSON MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY (INCLUDING ANY CONSENTS OR APPROVALS REQUIRED IN CONNECTION THEREWITH) OR THE BUSINESS, BUT NOT LIMITED TOASSETS, CONDITION OR PROSPECTS (FINANCIAL OR OTHERWISE) OF, OR ANY OTHER MATTER INVOLVING, THE ASSETS, BUSINESSES OR LIABILITIES OF THE COMPANY, THE COMPANY GROUP, HOLDCO, TWE OR THE TWIC BROADBAND GROUP; (B) ALL OF THE ASSETS TO BE RETAINED OR TRANSFERRED OR THE LIABILITIES TO BE RETAINED, ASSUMED OR TRANSFERRED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE TRANSFERRED OR ASSUMED ON AN "AS IS, WHERE IS BASIS," AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR SPECIFIC PURPOSE OR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED AND NON-INFRINGEMENT. (C) NONE OF THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE HOLDCO OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER PERSON MAKES ANY REPRESENTATION OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO ANY INFORMATION, DOCUMENTS OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE ENTERING INTO OF THIS SITE AGREEMENT OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTRANSACTIONS CONTEMPLATED HEREBY.

Appears in 1 contract

Samples: Contribution Agreement (Aol Time Warner Inc)

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYMCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-NON- INFRINGEMENT. COMPANYMCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY MCOHOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANYMCOHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTSAGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Appears in 1 contract

Samples: Universal Terms of Service Agreement

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY NOR ITS AFFILIATES OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS"ANY KIND, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYEXPRESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, IMPLIED OR STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF TITLE, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYOR ARISING BY USAGE OF TRADE, ITS OFFICERSCOURSE OF DEALING, DIRECTORS, EMPLOYEESOR COURSE OF PERFORMANCE, AND AGENTS MAKE EACH PARTY HEREBY DISCLAIMS THE SAME. SIMPLY HIRED MAKES NO REPRESENTATIONS REPRESENTATION, WARRANTY OR WARRANTIES ABOUT GUARANTEE THAT: (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (IIIA) THE SERVICES FOUND AT THIS SITE WILL MEET PUBLISHER'S REQUIREMENTS; (B) THE SERVICES WILL BE APPROPRIATE FOR USE OUTSIDE OF THE UNITED STATES; (C) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (E) ANY SITES LINKED (THROUGH HYPERLINKSERRORS, BANNER ADVERTISING INACCURACIES OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR OUTDATED INFORMATION IN THE SAMESERVICES WILL BE CORRECTED. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SIMPLY HIRED MAKES NO ORAL REPRESENTATION, WARRANTY OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND GUARANTEE WITH RESPECT TO THIS SITE THE QUANTITY OF JOB LISTINGS PROVIDED TO PUBLISHER, THE PROPORTION OF EACH TYPE OF JOB LISTING PROVIDED, OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER AMOUNT OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteREVENUE SHARE PUBLISHER MAY RECEIVE HEREUNDER.

Appears in 1 contract

Samples: Jobbot Inc.

Disclaimer of Representations and Warranties. THE SERVICE IS PROVIDED TO YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED ON AN "AS IS", ," "AS AVAILABLE," AND "WITH ALL FAULTS"" BASIS. COMPANY, NEITHER GG NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEESMANAGERS, AGENTSEMPLOYEES OR AGENTS (COLLECTIVELY, DISCLAIM ALL WARRANTIESTHE " GG PARTIES") MAKE ANY REPRESENTATIONS, STATUTORYWARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOOR ARISING FROM COURSE OF DEALING, ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENTFREEDOM FROM COMPUTER VIRUS. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND AGENTS MAKE NO WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FROM TIME TO TIME THE GG PARTIES MAY RECOMMEND CERTAIN THIRD PARTIES TO PROVIDE SERVICES. THE GG PARTIES DISCLAIM ANY REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY WHATSOEVER AS TO THE FULLEST EXTENT PERMITTED BY LAWCONTENT OR SERVICES OF THESE THIRD PARTIES. YOU ASSUME ALL RISK FOR THE USE OF ANY THIRD PARTY CONTENT OR SERVICES. NOTWITHSTANDING THE FOREGOING, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTHESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM GG INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

Appears in 1 contract

Samples: greenlightgo.tv

Disclaimer of Representations and Warranties. YOU SPECIFICALLY THE PARTIES ACKNOWLEDGE THAT, BECAUSE TRANSUNION DIRECT IS ACCESSED VIA THE INTERNET WHICH IS AN OPEN NETWORK, NEITHER, TRANSUNION NOR ITS SUPPLIERS, CONTRACTORS, AND AGREE THAT YOUR USE VENDORS, OF ANY TIER, MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO TRANSUNION DIRECT; WITH RESPECT TO ANY AND ALL DOCUMENTS AND/OR OTHER MATERIALS PROVIDED TO SUBSCRIBER UNDER THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS"ADDENDUM; WITH RESPECT TO LOSS OR CORRUPTION OF DATA; LOSS OF, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANYOR DAMAGE TO, ITS OFFICERSEQUIPMENT AND/OR SOFTWARE; SYSTEM RESPONSE TIMES, DIRECTORSACCESS DELAYS OR ACCESS INTERRUPTIONS; NOR COMPUTER VIRUSES, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, WHETHER EXPRESS OR IMPLIEDIMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, IN NO EVENT SHALL TRANSUNION NOR ITS SUPPLIERS, CONTRACTORS, AND VENDORS, OF ANY TIER, BE HELD LIABLE IN ANY MANNER WHATSOEVER FOR ANY LOSS OR INJURY TO SUBSCRIBER, ARISING OUT OF OR FROM THIS ADDENDUM INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES INCURRED BY SUBSCRIBER REGARDLESS OF TITLETHE THEORY UPON WHICH SUCH DAMAGES ARE BASED AND EVEN IF TRANSUNION OR ITS SUPPLIERS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESCONTRACTORS, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACYVENDORS, COMPLETENESSOF ANY TIER, OR CONTENT ANY ONE OR MORE OF THIS SITETHE FOREGOING PARTIES, (II) HAS BEEN ADVISED OF THE ACCURACY, COMPLETENESS, OR CONTENT POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMELIMITED REMEDY. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAWSubscriber shall have the right, and shall survive is encouraged by TransUnion, to maintain any termination other type of TransUnion-authorized connection to TransUnion for use in conjunction with the TransUnion Services and any other TransUnion services or expiration of this Agreement services that Subscriber has purchased or your use of this Site or the Services found at this Sitelicensed from TransUnion and which are not accessible via TransUnion Direct.

Appears in 1 contract

Samples: Loan Program Agreement (First Marblehead Corp)

Disclaimer of Representations and Warranties. THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU SPECIFICALLY ACKNOWLEDGE ON AN “AS-IS” AND “AS AVAILABLE” BASIS. PAYMASTER, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE SHALL BE THE SERVICES IS AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS"SOLE RISK. NEITHER PAYMASTER OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORYWARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDINGREGARDING THE ACCURACY, BUT RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT LIMITED TOSPONSORED), AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE. COMPANYNEITHER PAYMASTER OR ITS SUPLIERS MAKE ANY REPRESENTATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS WARRANTY OR WARRANTIES ABOUT (I) GUARANTEE THAT THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THAT MAY BE AVAILABLE THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SITES LINKED (THROUGH HYPERLINKSSYSTEM, BANNER ADVERTISING DATA OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR RESPONSIBILITY FOR THE SAMECONSEQUENTIAL DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ACCORDINGLY, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteSOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 17 OF THIS PROVISION MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: paymaster-online.com

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE EXCEPT AS MAY EXPRESSLY BE SET FORTH HEREIN, IN ANY ANCILLARY AGREEMENT, IN THE RESTRUCTURING AGREEMENT OR IN ANY OTHER TRANSACTION AGREEMENT, (A) NONE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS"TWE, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORYHOLDCO OR ANY OTHER PERSON MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY (INCLUDING ANY CONSENTS OR APPROVALS REQUIRED IN CONNECTION THEREWITH) OR THE BUSINESS, BUT NOT LIMITED TOASSETS, CONDITION OR PROSPECTS (FINANCIAL OR OTHERWISE) OF, OR ANY OTHER MATTER INVOLVING, THE ASSETS, BUSINESSES OR LIABILITIES OF TWE, HOLDCO, THE TWE NON-BROADBAND GROUP OR THE TWE BROADBAND GROUP; (B) ALL OF THE ASSETS TO BE RETAINED OR TRANSFERRED OR THE LIABILITIES TO BE RETAINED, ASSUMED OR TRANSFERRED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE TRANSFERRED OR ASSUMED ON AN "AS IS, WHERE IS BASIS," AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR SPECIFIC PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEESOR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (IC) THE ACCURACYNONE OF TWE, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE HOLDCO OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OTHER PERSON MAKES ANY REPRESENTATION OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO ANY INFORMATION, DOCUMENTS OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE ENTERING INTO OF THIS SITE AGREEMENT OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteTRANSACTIONS CONTEMPLATED HEREBY.

Appears in 1 contract

Samples: Distribution Agreement (Aol Time Warner Inc)

Disclaimer of Representations and Warranties. AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. YOU SPECIFICALLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT YOUR USE OF THIS THE SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ALL MATERIAL AND CONTENT CONTAINED ON IT ARE PROVIDED "DISTRIBUTED “AS IS", ",” “AS AVAILABLE" AND ",” “WITH ALL FAULTS". COMPANY” AND WITHOUT WARRANTIES OF ANY KIND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EITHER EXPRESS OR IMPLIED, WHETHER NOW KNOWN OR HEREAFTER ENACTED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLEMERCHANTABILITY, MERCHANTABILITYNON- INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESSPURPOSE, OR CONTENT THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF THIS SITEDEALING, (II) THE ACCURACY, COMPLETENESSCOURSE OF PERFORMANCE, OR CONTENT USAGE OF ANY SITES LINKED (THROUGH HYPERLINKSTRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) SO THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD ABOVE EXCLUSION MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY LAWJURISDICTION. Therefore, to the fullest extent permissible by law, Company and its parent(s), subsidiaries and affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and shall survive any termination assigns (collectively, “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or expiration of this Agreement promises, express or your use of this Site or the Services found at this Site.implied, as to:

Appears in 1 contract

Samples: www.luna.com

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 3, THE LOANS ARE BEING SOLD AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "ASSIGNED “AS IS"” WITHOUT ANY RECOURSE, "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORYREPRESENTATION OR WARRANTY OF ANY KIND OR NATURE, EXPRESS OR IMPLIED. EACH OF THE PARTIES HERETO ACKNOWLEDGES AND AGREES THAT, INCLUDINGEXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS ARTICLE, BUT THE PARTIES HAVE NOT LIMITED TOMADE, DO NOT MAKE AND SPECIFICALLY NEGATE AND DISCLAIM ANY IMPLIED WARRANTIES OF TITLEREPRESENTATIONS, MERCHANTABILITYWARRANTIES, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYPROMISES, ITS OFFICERSCOVENANTS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS AGREEMENTS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THIS SITE THE XXXXXX LOANS OR THE SERVICES FOUND AT THIS SITESWEDBANK LOANS, AS APPLICABLE. EACH PARTY HERETO ACKNOWLEDGES THAT THE OTHER PARTIES HAVE NOT AUTHORIZED ANY EMPLOYEE, AGENT, REPRESENTATIVE, BROKER, THIRD PARTY OR OTHER PARTY TO MAKE AND, TO THE EXTENT SO MADE, SPECIFICALLY NEGATE AND USERS SHOULD DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES. EACH PARTY HERETO ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE SWEDBANK LOANS OR THE XXXXXX LOANS, AS APPLICABLE, SUCH PARTY IS RELYING SOLELY ON ITS OWN INVESTIGATION AND NOT RELY ON ANY INFORMATION PROVIDED OR TO BE PROVIDED, DIRECTLY OR INDIRECTLY, BY ANY OTHER PARTY. EACH PARTY HERETO FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED BY ANY OTHER PARTY WITH RESPECT TO THE SWEDBANK LOANS OR THE XXXXXX LOANS, AS APPLICABLE, WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SUCH OTHER PARTY HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF AND MAKES NO REPRESENTATIONS AND WARRANTIES SHALL APPLY AS TO THE FULLEST EXTENT PERMITTED BY LAWACCURACY OR COMPLETENESS OF SUCH INFORMATION. IT IS UNDERSTOOD AND AGREED THAT THE SWEDBANK LOANS AND THE XXXXXX LOANS ARE SOLD AND TRANSFERRED AS IS, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this SiteWHERE IS AND SUBJECT TO THE FOREGOING.

Appears in 1 contract

Samples: Settlement Agreement

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