Common use of Imputed Knowledge and Waiver Clause in Contracts

Imputed Knowledge and Waiver. Anything to the contrary notwithstanding, if Buyer or an affiliate of Buyer (a) owns any leasehold interest in a Property or (b) acts as an operator with respect to any Property (regardless of whether or not it also owns an interest in such Property), Buyer shall be deemed to have knowledge of any Defect or breach of any representation or warranty by Seller with respect to such Property, and shall not be entitled (and hereby waives any right) (i) to give a notice of an Asserted Defect with respect to such Property, (ii) to refuse to close because of the existence of any such Defect or breach, or (iii) to indemnity or any other remedy with respect to any such Defect or breach.

Appears in 2 contracts

Samples: Agreement of Sale and Purchase, Agreement of Sale and Purchase (Halcon Resources Corp)

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Imputed Knowledge and Waiver. Anything to the contrary notwithstanding, if Buyer or an affiliate of Buyer (a) owns any leasehold interest in a Property or (b) acts as an a operator with respect to any Property (regardless of whether or not it also owns an interest in such Property), Buyer shall be deemed to have knowledge of any Defect or breach of any representation or warranty by Seller with respect to such Property, and shall not be entitled (and hereby waives any right) (i) to give a notice of an Asserted Defect with respect to such Property, (ii) to refuse to close because of the existence of any such Defect or breach, breach or (iii) to indemnity or any other remedy with respect to any such Defect or breach.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Ultra Petroleum Corp)

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Imputed Knowledge and Waiver. Anything to the contrary notwithstanding, if Buyer or an affiliate of Buyer (a) owns any leasehold interest in a any Property or (b) acts as an a operator with respect to any Property (regardless of whether or not it also owns an interest in such Property), ) Buyer shall be deemed to have knowledge of any Defect or breach of any representation or warranty by Seller with respect to such Property, and shall not be entitled (and hereby waives any rightright ) (ia) to give a notice of an Asserted Defect with respect to such Property, (iib) to refuse to close because of the existence of any such Defect or breach, breach or (iiic) to indemnity or any other remedy with respect to any such Defect or breach.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Whiting Petroleum Corp)

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