Limitation of Seller’s Warranties Sample Clauses

Limitation of Seller’s Warranties. Seller agrees to fully meet Buyer’s specifications for all coal provided pursuant to this Agreement. Provided that Seller strictly complies with Buyer’s specifications, then Buyer agrees that Seller makes no other warranty, express or implied, including but not limited to, warranties of merchantability or of fitness for a particular purpose.
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Limitation of Seller’s Warranties. (a) EXCEPT AS TO TITLE AS PROVIDED IN SECTION 6.2 HEREOF AND IN THE WARRANTY BILL OF SALE, EACH ENGINE IS BEING SOLD AND DELIVERED BY SXXXXR TO BUYER AND PURCHASED AND ACCEPTED BY BUYER "AS IS" AND "WHERE IS." SELLER MAKES NO, AND EXPRESSLY AND SPECIFICALLY DISCLAIMS (AND BUYER EXPRESSLY AND SPECIFICALLY WAIVES AND DISCLAIMS) ANY, REPRESENTATION, GUARANTEE, COVENANT, CONDITION OR WARRANTY OF ANY KIND RELATING TO SUCH ENGINE, INCLUDING BUT NOT LIMITED TO THE AIRWORTHINESS AND/OR CONDITION OF SUCH ENGINE, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE, IN CONTRACT OR IN TORT, INCLUDING WITHOUT LIMITATION, WARRANTIES WITH RESPECT TO SUCH ENGINE'S AIRWORTHINESS, MERCHANTABILITY, QUALITY, FITNESS FOR ANY PARTICULAR USE, PURPOSE, DESIGN, CONDITION, VALUE, QUALITY, DURABILITY, OR AS TO THE ABSENCE OF LATENT, INHERENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE) OR AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, DESIGN, COPYRIGHT OR OTHER PROPRIETARY RIGHT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM THE COURSE OF DEALING OR USAGE OF TRADE. BUYER AGREES AND ACKNOWLEDGES THAT IN NO EVENT SHALL SELLER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTIES, FOR LOSS OF USE, REVENUES OR PROFIT WITH RESPECT TO SUCH ENGINE OR ANY LIABILITY OF BUYER FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
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Limitation of Seller’s Warranties. (a) Other than the Seller’s Warranties, the Seller makes no representations or warranties and, in particular, and without limiting the foregoing, the Seller hereby expressly negates any representations or warranties by it (other than the Seller’s Warranties), whether contained in any information, memorandum or otherwise, whether provided to the Buyer directly or through the Seller’s agents, with respect to:
Sample 1
Limitation of Seller’s Warranties. Seller does not, by the execution and delivery of this Agreement and Seller shall not, by the execution and delivery of any document or instrument executed and delivered in connection with the Closing, make any warranty, express or implied, of any kind or any nature whatsoever, with respect to the Subject Property, and all such warranties are hereby disclaimed, except as set forth in this Agreement, the Grant Deed, the Seller's Certificates, the Seller's Phase II Certificates, and the Seller's Closing Documents. Subject to the foregoing, Seller makes, and shall make, no express or implied warranty of suitability or fitness of the Subject Property for any purpose, or as to the merchantability, title, value, quality, condition or salability of any of the Subject Property. The sale of the Subject Property by Seller to Purchaser shall be "AS IS" and "WHERE IS" and, except as otherwise provided in this Agreement, the Grant Deed, the Seller's Certificates, the Seller's Phase II Certificates, and the Seller's Closing documents, Purchaser is relying solely on the Title Policy as to title matters and the results of its tests and inspections as to the physical condition of the Real Property. Seller will indemnify Purchaser, its successors and assigns, against, and will hold Purchaser, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Purchaser incurs because of the breach of any of the above representations and warranties, as such representations and warranties may be changed or amended pursuant to paragraph (C) above, whether discovered before or after Closing. Purchaser acknowledges that the Project is within the City of Roseville North Central Community Facilities District No. 1 (the "CFD") and agrees that the property will be acquired subject to the CFD and the lien of special taxes that may be levied by the CFD now or in the future. Purchaser acknowledges receipt of a Notice of Special Tax in the form required by the California Government Code Section 53341.5 at least three (3) days prior to the date of this Agreement. PURCHASER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"), WHICH IS SET FORTH BELOW: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE ...
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Limitation of Seller’s Warranties. Purchaser acknowledges that, except as expressly provided in Article IV:
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Limitation of Seller’s Warranties. Buyer acknowledges that, except as expressly provided in this Agreement, any Ancillary Document or any certificate delivered by or on behalf of Seller or the Company hereunder, no representation or warranty has been made regarding the Business, the Company or its assets, whether written or oral, or materials provided or made available by Seller or any of its Representatives, including (i) any other information, documents or material made available to it or its Representatives in connection with this Agreement and the Ancillary Documents or the consummation of the transactions contemplated hereby or thereby, or (ii) any financial estimate, forecast, projection or other prediction delivered to it.
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Limitation of Seller’s Warranties. Purchaser acknowledges that Seller makes no representations with respect to the Business or the Transferred Entities except as set forth in this Agreement.
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Related to Limitation of Seller’s Warranties

  • Seller’s Warranties (1) The Seller warrants that, except as disclosed in this contract at settlement:

  • Buyer’s Warranties All representations and warranties by Buyer in this Agreement shall be true on and as of the closing date as though such representations and warranties were made on and as of that date.

  • Purchaser’s Warranties The Purchaser represents and warrants to the Seller that:

  • Limitation of Seller's Liability This paragraph limits the liability of the seller. This is a usual provision, but flexible, ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .

  • VENDOR'S WARRANTIES CONTRACTOR irrevocably appoints the LEA its agent and attorney-in-fact during the term of this Agreement, so long as the LEA shall not be in default hereunder for the purpose of asserting from time to time whatever claims and rights which CONTRACTOR may have against the Vendor, including warranty claims with respect to the Accepted Buses, but for no other purpose whatsoever. The LEA’s sole remedy for the breach of a warranty shall be against the Vendor and not against CONTRACTOR, nor shall such matters have any effect whatsoever of this Agreement, including the LEA’s obligation to make timely Installment Payments hereunder. The LEA expressly acknowledges that CONTRACTOR makes, and has made, no representation or warranties whatsoever as to the existence or availability of such warranties from the Vendor.

  • Survival of Seller’s Representations and Warranties The representation and warranty of Seller set forth in Section 5.1(a) shall survive Closing and shall be a continuing representation and warranty without limitation. All other representations and warranties of Seller set forth in Section 5.1, shall survive Closing for a period of one hundred eighty (180) days. No claim for a breach of any representation or warranty of Seller shall be actionable or payable (a) if the breach in question results from or is based on a condition, state of facts or other matter which was known to Purchaser prior to Closing, (b) unless the valid claims for all such breaches collectively aggregate more than Twenty Five Thousand Dollars ($25,000) (the "Floor"), in which event the full amount of such valid claims shall be actionable up to the cap set forth in the following sentence, and (c) unless written notice containing a description of the specific nature of such breach shall have been given by Purchaser to Seller prior to the expiration of said one hundred eighty (180) day period and an action shall have been commenced by Purchaser against Seller within two hundred twenty (220) days of Closing. Further Purchaser agrees that any recovery against Seller for any breach of Seller's covenants, agreements, representations and warranties hereunder or under any other agreement, document, certificate or instrument delivered by Seller to Purchaser, or under any law applicable to the Property or this transaction, shall be limited to Purchaser's actual damages not in excess of One Million and 00/100 Dollars ($1,000,000) in the aggregate and that in no event shall Purchaser be entitled to seek or obtain any other damages of any kind, including, without limitation, consequential, indirect or punitive damages. Notwithstanding anything to the contrary in the foregoing, the Floor and the cap will not apply to actual damages incurred by Purchaser to the extent such damage was caused by Seller's fraud.

  • Seller’s Warranties and Representations Seller hereby represents and warrants to Buyer as follows:

  • Representations, Warranties and Covenants of Sellers Sellers hereby represent, warrant, and covenant to Buyer as follows:

  • Representations, Warranties and Agreements of Seller The Seller agrees and acknowledges that it shall, as a condition to the consummation of the transactions contemplated hereby, make the representations and warranties specified in Section 3.01 and 3.02 of the Seller's Warranties and Servicing Agreement, as of the Closing Date. The meaning of the term "Agreement" as used in Sections 3.01 and 3.02 of the Seller's Warranties and Servicing Agreement shall include this Agreement. The Seller, without conceding that the Mortgage Loans are securities, hereby makes the following additional representations, warranties and agreements which shall be deemed to have been made as of the Closing Date:

  • Seller’s Representations, Warranties and Covenants Seller hereby represents, warrants and covenants to Buyer as follows:

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