Common use of DTPA Waiver Clause in Contracts

DTPA Waiver. Purchaser acknowledges and agrees, on its own behalf and on behalf of its assigns and successors, that the Texas Deceptive Trade Practices — Consumer Protection Act, Subchapter E of Chapter 17 of the Texas Business and Commerce Code (the “DTPA”), is not applicable to this transaction. Accordingly, Purchaser’s rights and remedies with respect to this transaction, and with respect to all acts or practices of the other, past, present or future, in connection with this transaction, shall be governed by legal principles other than the DTPA. In furtherance of the foregoing, Seller and Purchaser agree as follows: (a) Purchaser represents that it is a business consumer and that it is acquiring the Property for commercial or business use. Purchaser further represents that it has knowledge and experience in financial and business matters that enable it to evaluate the merits and risks of the business transaction that is the subject of the Purchase Agreement (including the acquisition of the Property). Purchaser also represents that it is not in a significantly disparate bargaining position in relation to Seller. (b) Purchaser represents that it has been represented by legal counsel in seeking or acquiring the Property and that the transaction contemplated by the Purchase Agreement does not involve the purchase or lease of a family residence occupied or to be occupied as the residence of Purchaser. Concurrently with the execution of this Agreement, Purchaser shall cause its legal counsel to sign a copy of this Agreement in the space provided below for the purpose of complying with Section 17.42(a)(3) of the DTPA. (c) Purchaser agrees, on its own behalf and on behalf of its assigns and successors, that all of its rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies resulting from or arising out of any and all acts or practices of Seller in connection with the business transaction that is the subject of the Purchase Agreement (including the acquisition of the Property) whether such acts or practices occur before or after the execution of this Agreement; provided, however, notwithstanding anything to the contrary herein, in accordance with Section 17.42 of the DTPA, Purchaser does not waive Section 17.555 of the DTPA.

DTPA Waiver. Purchaser acknowledges Borrowers and agreesGuarantors each acknowledge and agree, on its it own behalf and on behalf of its any permitted assigns and successorssuccessors hereafter, that the Texas Deceptive Trade Practices — Consumer Protection Act, Subchapter E of Chapter 17 of the Texas Business and Commerce Code (the “DTPA”), DTPA is not applicable to this transaction. Accordingly, Purchaser’s Borrower's and Guarantor's rights and remedies with respect to the transaction contemplated under this transactionAgreement, and with respect to all acts or practices of the otherLender, past, present or future, in connection with this such transaction, shall be governed by legal principles other than the DTPA. In furtherance of the foregoingthereof, Seller each Borrower and Purchaser agree Guarantor agrees as follows: (a) Purchaser represents that it Each Borrower and Guarantor is a "business consumer consumer" as defined under the DTPA. Each Borrower and that it is acquiring the Property for commercial or business use. Purchaser further Guarantor represents that it has knowledge and experience in financial and business matters that enable it to evaluate the merits and risks of the business transaction that is the subject of the Purchase Agreement (including the acquisition of the Property)this Agreement. Purchaser Each Borrower and Guarantor also represents that it is not in a significantly disparate bargaining position in relation to SellerLender. Borrowers and Guarantor have negotiated the loan documents with Lender at arm's length and has willingly entered into the loan documents. (b) Purchaser Borrowers and Guarantors each represents that it has been represented by legal counsel in seeking or acquiring the Property and that the transaction contemplated by this Agreement and Borrowers and Guarantors and their legal counsel have negotiated the Purchase Agreement does not involve the purchase or lease of a family residence occupied or to be occupied as the residence of Purchaser. Concurrently with the execution of this AgreementNotes and Security Instruments at arm's length, Purchaser and Borrower and Guarantor shall cause its legal counsel to sign a copy of this Agreement in the space provided below for the purpose of complying with Section 17.42(a)(3) of the DTPA. (c) Purchaser . Borrower and each Guarantor agrees, on its own behalf and on behalf of its permitted assigns and successors, that all of its rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies under the DTPA resulting from or arising out of any and all acts or practices of Seller Lender in connection with the business transaction that is the subject of the Purchase Agreement (including the acquisition of the Property) this transaction, whether such acts or practices occur before or after the execution of this Agreement; provided, however, notwithstanding anything to the contrary herein, in accordance with Section 17.42 of the DTPA, Purchaser does Borrowers and Guarantors do not waive Section 17.555 of the DTPA.

DTPA Waiver. Purchaser Each Borrower acknowledges and agrees, on its such Borrower’s own behalf and on behalf of its any permitted assigns and successorssuccessors hereafter, that the Texas Deceptive Trade Practices — Consumer Protection Act, Subchapter E of Chapter 17 of the Texas Business and Commerce Code (the “DTPA”), DTPA is not applicable to this transaction. Accordingly, Purchasersuch Borrower’s rights and remedies with respect to the transaction contemplated under this transaction, Agreement and with respect to all acts or practices of the otherSecured Party, past, present or future, in connection with this such transaction, shall be governed by legal principles other than the DTPA. In furtherance of the foregoingthereof, Seller and Purchaser agree each Borrower agrees as follows: (a) Purchaser Each Borrower represents that it is a business consumer and that it is acquiring such Borrower has the Property for commercial or business use. Purchaser further represents that it has knowledge and experience in financial and business matters that enable it such Borrower to evaluate the merits and risks of the business transaction that is the subject of the Purchase Agreement (including the acquisition of the Property)this Agreement. Purchaser Each Borrower also represents that it such Borrower is not in a significantly disparate bargaining position in relation to SellerSecured Party. Each Borrower has negotiated this Agreement with Secured Party at arm’s length and has willingly entered into this Agreement. (b) Purchaser Each Borrower represents that it (i) such Borrower has been represented by the firm of Xxxxxxx & Xxxxxx, P.C., as legal counsel in seeking or acquiring the Property and that the transaction contemplated by the Purchase this Agreement does not involve the purchase or lease of a family residence occupied or to be occupied as the residence of Purchaser. Concurrently with the execution of this Agreement, Purchaser shall cause its and (ii) such legal counsel to sign a copy was not directly or indirectly identified, suggested or selected by Secured Party or an agent of this Agreement in the space provided below for the purpose of complying with Section 17.42(a)(3) of the DTPASecured Party. (c) Purchaser This Agreement relates to a transaction involving total consideration by Borrowers of more than $100,000.00 and does not involve any Borrower’s residence. (d) Each Borrower agrees, on its such Borrower’s own behalf and on behalf of its such Borrower’s permitted assigns and successors, that all of its such Borrower’s rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies under the DTPA resulting from or arising out of any and all acts or practices of Seller Secured Party in connection with the business transaction that is the subject of the Purchase Agreement (including the acquisition of the Property) this transaction, whether such acts or practices occur before or after the execution of this Agreement; provided. (e) In furtherance thereof, howevereach Borrower agrees that by signing this Agreement, notwithstanding anything to such Borrower and any permitted assigns and successors are bound by the contrary herein, in accordance with Section 17.42 of the DTPA, Purchaser does not waive Section 17.555 of the DTPA.following waiver: