Common use of Disclaimer of Warranties and Limitation of Liability Clause in Contracts

Disclaimer of Warranties and Limitation of Liability. Except for any express warranties made herein, CX-Energy makes no other warranties, express or implied, concerning the subject matter of this Agreement, including without limitation, any implied warranties of merchantability, noninfringement or fitness for a particular purpose. The value of oil and gas rights is speculative in nature and has a history of fluctuation due to the price of oil and natural gas and numerous other factors. Any opinion on the fairness of monetary offers is only an opinion, and Representatives make no predictions, guarantees or warranties that bonus payments, royalty payments, and/or the value of oil and gas interests in the future will be any greater or less than what they are now. Representatives cannot predict the future of the oil and natural gas leasing and purchasing markets. Additionally, Representatives make no guarantee, warranty, or determination on the effect that an oil and gas Lease Agreement will have on the fair market value of the property in the future, and/or Owner’s ability to sell or refinance the property. Owner agrees that it releases and shall indemnify and hold harmless CX-Energy for any losses, expenses or costs, including reasonable attorneys’ fees, arising or incurred in connection with any Lease Agreement, or any other agreement entered into pursuant to this Agreement whether in contract, to t, negligence or otherwise. In no event shall CX-Energy’s liability in connection with this Agreement exceed the Transaction Fees received by CX-Energy pursuant to this Agreement. In no event shall CX-Energy be liable for any special, incidental, indirect or consequential damages whatsoever (including but not limited to lost profits or savings) arising out of or in any way related to the Agreement regardless of whether CX-Energy has been advised of the possibility of such damages. This clause does not limit any potential professional legal malpractice liability as to M&P.

Disclaimer of Warranties and Limitation of Liability. Except for any express warranties made herein, CX-Energy makes no other warranties, express or implied, concerning the subject matter of this Agreement, including without limitation, any implied warranties of merchantability, noninfringement or fitness for a particular purpose. The value of oil and gas rights is speculative in nature and has a history of fluctuation due to the price of oil and natural gas and numerous other factors. Any opinion on the fairness of monetary offers is only an opinion, and Representatives CX-Energy make no predictions, guarantees or warranties that bonus payments, royalty payments, and/or the value of oil and gas interests in the future will be any greater or less than what they are now. Representatives CX-Energy cannot predict the future of the oil and natural gas leasing and purchasing purchas ng markets. Additionally, Representatives make CX-Energy makes no guarantee, warranty, or determination on the effect that an oil and gas Lease Agreement will have on the fair market value of the property in the future, and/or Owner’s ability to sell or refinance the property. Owner agrees that it i releases and shall indemnify and hold harmless CX-Energy for any losses, expenses or costs, including reasonable attorneys’ fees, arising arisi g or incurred in connection with any Lease Agreement, or any other agreement entered into pursuant to this Agreement whether in contract, to ttort, negligence or otherwise. In no event shall CX-Energy’s liability in connection with this Agreement exceed the Transaction Fees received by CX-Energy pursuant to this Agreement. In no event shall CX-Energy be liable for any special, incidental, indirect or consequential damages whatsoever (including but not limited to lost profits or savings) arising out of or in any way related to the Agreement regardless of whether CX-Energy has been advised of the possibility of such damages. This clause does not limit any potential professional legal malpractice liability as to M&P..