Exclusion of Statutory Rights Sample Clauses

Exclusion of Statutory Rights. The restrictions contained in Section 93 and Section 103 of the Law of Property Act 1925 shall not apply to this Pledge Agreement.
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Exclusion of Statutory Rights. The Parties agree that the remedies which Purchasers, or any of the Companies, may have against Sellers for breach of obligations set forth in this Agreement are solely governed by this Agreement, and the remedies provided for in this Agreement shall be the exclusive remedies available to Purchasers or the Companies. Apart from the rights of Purchasers under Section 5 above (i) any right of Purchasers to withdraw (zurucktreten) from this Agreement or to require the winding up of the Transaction (e.g. by way of gro(beta)er Schadensersatz or Schadenersatz statt der Leistung), (ii) any claims for breach of pre-contractual obligations (culpa in contrahendo, including claims arising under Sections 241 Subsec. 2, 311 Subsec. 2 (3) German Civil Code) or ancillary obligations (positive Forderungsverletzung, including to claims arising under Sections 280, 282 German Civil Code), (iii) frustration of contract pursuant to Section 313 German Civil Code (Storung der Geschaftsgrundlage), (iv) all remedies of Purchaser for defects of the Sold Assets under Sections 437 through 441 German Civil Code and (v) any and all other statutory rights and remedies, if any, are hereby expressly excluded and waived by Purchasers, except for claims for wilful deceit (arglistige Tauschung) and other intentional breach of contract (vorsatzliche Vertragsverletzungen). The Parties agree that Sellers' Guarantees are only designed for the specific remedies of Purchasers set forth in Section 6 above and the restrictions contained in this Section 9 and that Sellers' Guarantees shall not serve to provide Purchasers with any other claims than those set forth in this Agreement. The Parties further agree that under no circumstances shall Sellers' Guarantees be construed as representations of Sellers with respect to the quality of the purchase object within the meaning of Sections 276 Subsec. 1, 443 German Civil Code (Garantie fur die Beschaffenheit der Sache) and therefore, Purchaser explicitly waives the application of Section 444 German Civil Code. <PAGE> 46 SECTION 10
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Exclusion of Statutory Rights. Any contractual, quasi-contractual statutory or any other rights especially due to the statutory right to warranty (gesetzliches Gewährleistungsrecht), culpa in contrahendo, special breach of Contract or frustration of Contract, other than those set forth in this Agreement and to the extent legally permitted shall be excluded. Unless expressly stipulated under this Agreement, Purchaser’s right to withdraw from this Agreement in whole or in part, also by way of asserting the so-called “compensation in lieu of full performance”, the right of rescission, the right of subsequent performance and the right of restoration to the pre-Contract status shall also be excluded. Claims based on fraud or willful misconduct as well as claims pursuant to Section 123 and Section 826 BGB shall not be excluded.
Sample 1
Exclusion of Statutory Rights. The Parties agree that the remedies which Purchasers, or any of the Companies, may have against Sellers for breach of obligations set forth in this Agreement are solely governed by this Agreement, and the remedies provided for in this Agreement shall be the exclusive remedies available to Purchasers or the Companies. Apart from the rights of Purchasers under Section 5 above (i) any right of
Sample 1
Exclusion of Statutory Rights. The Parties agree that the remedies which the Purchasers may have against the Sellers for breach of Sellers’ Guarantees or the Sellers’ covenants set forth in this Agreement are solely governed by this Agreement, and the remedies provided for in this Agreement shall be the exclusive remedies available to the Purchasers. Apart from the right of the Parties under Section 9, (i) any right of the Parties to withdraw (zurücktreten) from this Agreement or to require the winding up of the transactions contemplated under this Agreement (e.g. by way of großer Schadensersatz or Schadenersatz statt der Leistung), (ii) any claims for breach of pre-contractual obligations (including claims arising under Secs. 241 para 2, 311 para 2 and para 3 German Civil Code (BGB)) or ancillary obligations (including claims arising under Secs. 280, 282 German Civil Code (BGB)), (iii) frustration of contract (Störung der Geschäftsgrundlage) pursuant to Sec. 313 German Civil Code (BGB), (iv) all remedies of the Purchasers for defects of the Shares under Secs. 437 through 441 German Civil Code (BGB) and (v) any and all other statutory rights and remedies, if any, are hereby expressly excluded and waived by the Parties, except for claims for willful deceit (arglistige Täuschung) and other intentional breaches of contract (vorsätzliche Vertragsverletzungen).
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Related to Exclusion of Statutory Rights

  • Waiver of Statutory Rights To the extent permitted by law, Mortgagor hereby agrees that it shall not and will not apply for or avail itself of any appraisement, valuation, stay, extension or exemption laws, or any so-called “Moratorium Laws,” now existing or hereafter enacted, in order to prevent or hinder the enforcement or foreclosure of this Mortgage, but hereby waives the benefit of such laws. Mortgagor for itself and all who may claim through or under it waives any and all right to have the property and estates comprising the Property marshalled upon any foreclosure of the lien hereof and agrees that any court having jurisdiction to foreclose such lien may order the Property sold as an entirety. Mortgagor hereby waives any and all rights of redemption from sale under any judgment of foreclosure of this Mortgage on behalf of Mortgagor and on behalf of each and every person acquiring any interest in or title to the Property of any nature whatsoever, subsequent to the date of this Mortgage. The foregoing waiver of right of redemption is made pursuant to the provisions of applicable law.

  • Waiver of Statutory Provisions The provisions of this Lease, including this Article 11, constitute an express agreement between Landlord and Tenant with respect to any and all damage to, or destruction of, all or any part of the Premises, the Building or the Project, and any statute or regulation of the State of California, including, without limitation, Sections 1932(2) and 1933(4) of the California Civil Code, with respect to any rights or obligations concerning damage or destruction in the absence of an express agreement between the parties, and any other statute or regulation, now or hereafter in effect, shall have no application to this Lease or any damage or destruction to all or any part of the Premises, the Building or the Project.

  • Confirmation of Status The parties confirm that the Asset Representations Reviewer is not responsible for (a) reviewing the Receivables for compliance with the representations and warranties under the Transaction Documents, except as described in this Agreement, or (b) determining whether noncompliance with the representations or warranties constitutes a breach of the Transaction Documents.

  • Waiver of Statute of Limitations To the extent permitted by applicable law, Borrower hereby expressly waives and releases to the fullest extent permitted by law, the pleading of any statute of limitations as a defense to payment of the Debt or performance of its Other Obligations.

  • Waiver of Statutes Lessor and Lessee agree that the terms of this Lease shall govern the effect of any damage to or destruction of the Premises and the Building with respect to the termination of this Lease and hereby waive the provisions of any present or future statute to the extent it is inconsistent herewith.

  • Tolling of Statute of Limitations Pursuant to 42 U.S.C. § 1320a-7a(c)(1), a civil money penalty (“CMP”) must be imposed within six years from the date of the occurrence of the violation. To ensure that this six-year period does not expire during the term of this Agreement, CHCS agrees that the time between the Effective Date of this Agreement and the date the Agreement may be terminated by reason of CHCS’s breach, plus one-year thereafter, will not be included in calculating the six (6) year statute of limitations applicable to the violations which are the subject of this Agreement. CHCS waives and will not plead any statute of limitations, laches, or similar defenses to any administrative action relating to the Covered Conduct identified in paragraph I.2 that is filed by HHS within the time period set forth above, except to the extent that such defenses would have been available had an administrative action been filed on the Effective Date of this Agreement.

  • Certain Provisions Concerning Intellectual Property Collateral SECTION 6.1.

  • Conclusiveness of Statements; Survival of Provisions Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.

  • Waivers of Statute of Limitations Neither the Company nor any of its subsidiaries has in effect any extension, outstanding waivers or comparable consents regarding the application of the statute of limitations with respect to any material Taxes or material Tax Returns.

  • Incorporation of Software Code I agree that I will not incorporate into any Company software or otherwise deliver to Company any software code licensed under the GNU General Public License or Lesser General Public License or any other license that, by its terms, requires or conditions the use or distribution of such code on the disclosure, licensing, or distribution of any source code owned or licensed by Company except in strict compliance with Company’s policies regarding the use of such software.

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