Common use of Knowledge or Awareness Clause in Contracts

Knowledge or Awareness. Where in this Agreement a representation or warranty is limited to the knowledge or awareness of Vendor, such knowledge or awareness consists of the actual knowledge or awareness, as the case may be, of the current employees of Vendor at or above the supervisory level, after reasonable inquiry. For the avoidance of doubt, knowledge or awareness does not include the knowledge of any Third Party or constructive knowledge.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Xtra-Gold Resources Corp)

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Knowledge or Awareness. Where in this Agreement a representation or warranty is limited to the knowledge or awareness of Vendor, such knowledge or awareness consists of the actual knowledge or awareness, as the case may be, of the current employees officers of Vendor at or above the supervisory level, after reasonable inquiry. For the avoidance of doubt, inquiry but does not include knowledge or awareness does not include the knowledge of any Third Party other person or persons or constructive knowledge.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Mogul Energy International, Inc.)

Knowledge or Awareness. Where in this Agreement a representation or warranty in this Agreement is limited to made on the basis of the knowledge or awareness of a Vendor, such knowledge or awareness consists of the actual knowledge or awareness, as the case may be, awareness of the current officers and supervisory employees of that Vendor at or above which are primarily responsible for the supervisory level, after reasonable inquiry. For matters in question in the avoidance course of doubt, knowledge or awareness does not include the knowledge of any Third Party or constructive knowledgetheir normal duties.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Kodiak Energy, Inc.)

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Knowledge or Awareness. Where in this Agreement a representation or warranty is limited to the knowledge or awareness of Vendor, such knowledge or awareness consists of the actual knowledge or awareness, as the case may be, of the current employees officers and managers of Vendor at or above the supervisory level, after reasonable inquiry. For the avoidance of doubt, but does not include knowledge or awareness does not include the knowledge of any Third Party or constructive knowledgeother person.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Southern Mineral Corp)

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