Common use of DPTA Waiver Clause in Contracts

DPTA Waiver. IT IS THE INTENT OF THE SELLER AND THE PURCHASER THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. ACCORDINGLY, TO THE MAXIMUM EXTENT APPLICABLE AND PERMITTED BY LAW (AND WITHOUT ADMITTING SUCH APPLICABILITY), THE PUCHASER HEREBY WAIVES THE PROVISIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT, CHAPTER 17, SUBCHAPTER 3 (OTHER THAN SECTION 17.555, WHICH IS NOT WAIVED), TEXAS BUSINESS AND COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. FOR PURPOSES OF THE WAIVERS SET FORTH IN THIS AGREEMENT, THE PURCHASER HEREBY WARRANTS AND REPRESENTS UNTO THE SELLER THAT (A) THE PURCHASER HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE IT TO EVALUATE THE MERITS AND RISKS OF THE TRANSACTION CONTEMPLATED UNDER THIS AGREEMENT, (B) THE PURCHASER IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH THE SELLER REGARDING THE TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT, (C) THE PURCHASER IS REPRESENTED BY LEGAL COUNSEL THAT IS SEPARATE AND INDEPENDENT OF THE SELLER AND THE SELLER’S LEGAL COUNSEL AND (D) THE PURCHASER HAS CONSULTED WITH THE PURCHASER’S LEGAL COUNSEL REGARDING THIS AGREEMENT PRIOR TO THE PURCHASER’S EXECUTION OF THIS AGREEMENT AND VOLUNTARILY CONSENTS TO THIS WAIVER.

DPTA Waiver. IT IS THE INTENT OF THE SELLER SELLERS AND THE PURCHASER BUYER THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. ACCORDINGLY, TO THE MAXIMUM EXTENT APPLICABLE AND PERMITTED BY LAW (AND WITHOUT ADMITTING SUCH APPLICABILITY), THE PUCHASER BUYER HEREBY WAIVES THE PROVISIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT, CHAPTER 17, SUBCHAPTER 3 (OTHER THAN SECTION 17.555, WHICH IS NOT WAIVED), TEXAS BUSINESS AND COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. FOR PURPOSES OF THE WAIVERS SET FORTH IN THIS AGREEMENT, THE PURCHASER BUYER HEREBY WARRANTS AND REPRESENTS UNTO THE SELLER SELLERS THAT (A) THE PURCHASER BUYER HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE IT TO EVALUATE THE MERITS AND RISKS OF THE TRANSACTION CONTEMPLATED UNDER THIS AGREEMENT, (B) THE PURCHASER BUYER IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH THE SELLER SELLERS REGARDING THE TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT, (C) THE PURCHASER BUYER IS REPRESENTED BY LEGAL COUNSEL THAT IS SEPARATE AND INDEPENDENT OF THE SELLER SELLERS AND THE SELLER’S SELLERS’ LEGAL COUNSEL AND (D) THE PURCHASER BUYER HAS CONSULTED WITH THE PURCHASERBUYER’S LEGAL COUNSEL REGARDING THIS AGREEMENT PRIOR TO THE PURCHASERBUYER’S EXECUTION OF THIS AGREEMENT CONTRACT AND VOLUNTARILY CONSENTS TO THIS WAIVER.

DPTA Waiver. IT IS THE INTENT OF THE SELLER AND THE PURCHASER BUYER THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT CONTRACT SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. ACCORDINGLY, TO THE MAXIMUM EXTENT APPLICABLE AND PERMITTED BY LAW (AND WITHOUT ADMITTING SUCH APPLICABILITY), THE PUCHASER BUYER HEREBY WAIVES THE PROVISIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT, CHAPTER 17, SUBCHAPTER 3 (OTHER THAN SECTION 17.555, -41- WHICH IS NOT WAIVED), TEXAS BUSINESS AND COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. FOR PURPOSES OF THE WAIVERS SET FORTH IN THIS AGREEMENTCONTRACT, THE PURCHASER BUYER HEREBY WARRANTS AND REPRESENTS UNTO THE SELLER THAT (A) THE PURCHASER BUYER HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE IT TO EVALUATE THE MERITS AND RISKS OF THE TRANSACTION CONTEMPLATED UNDER THIS AGREEMENTCONTRACT, (B) THE PURCHASER BUYER IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH THE SELLER REGARDING THE TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENTCONTRACT, (C) THE PURCHASER BUYER IS REPRESENTED BY LEGAL COUNSEL THAT IS SEPARATE AND INDEPENDENT OF THE SELLER AND THE SELLER’S 'S LEGAL COUNSEL AND (D) THE PURCHASER BUYER HAS CONSULTED WITH THE PURCHASER’S BUYER'S LEGAL COUNSEL REGARDING THIS AGREEMENT CONTRACT PRIOR TO THE PURCHASER’S BUYER'S EXECUTION OF THIS AGREEMENT CONTRACT AND VOLUNTARILY CONSENTS TO THIS WAIVER.

DPTA Waiver. IT IS THE INTENT OF THE SELLER AND THE PURCHASER BUYER THAT THE RIGHTS AND REMEDIES WITH RESPECT TO THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT CONTRACT SHALL BE GOVERNED BY LEGAL PRINCIPLES OTHER THAN THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. ACCORDINGLY, TO THE MAXIMUM EXTENT APPLICABLE AND PERMITTED BY LAW (AND WITHOUT ADMITTING SUCH APPLICABILITY), THE PUCHASER BUYER HEREBY WAIVES THE PROVISIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT, CHAPTER 17, SUBCHAPTER 3 (OTHER THAN SECTION 17.555, WHICH IS NOT WAIVED), TEXAS BUSINESS AND COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. FOR PURPOSES OF THE WAIVERS SET FORTH IN THIS AGREEMENTCONTRACT, THE PURCHASER BUYER HEREBY WARRANTS AND REPRESENTS UNTO THE SELLER THAT (A) THE PURCHASER BUYER HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE IT TO EVALUATE THE MERITS AND RISKS OF THE TRANSACTION CONTEMPLATED UNDER THIS AGREEMENTCONTRACT, (B) THE PURCHASER BUYER IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH THE SELLER REGARDING THE TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENTCONTRACT, (C) THE PURCHASER BUYER IS REPRESENTED BY LEGAL COUNSEL THAT IS SEPARATE AND INDEPENDENT OF THE SELLER AND THE SELLER’S 'S LEGAL COUNSEL AND (D) THE PURCHASER BUYER HAS CONSULTED WITH THE PURCHASER’S BUYER'S LEGAL COUNSEL REGARDING THIS AGREEMENT CONTRACT PRIOR TO THE PURCHASER’S BUYER'S EXECUTION OF THIS AGREEMENT CONTRACT AND VOLUNTARILY CONSENTS TO THIS WAIVER.