No Representations by the Company. Neither the Manager, any other Member, any agent or any employee of the Company or of the Manager, or any other person has at any time expressly or implicitly represented, guaranteed, or warranted to the Member that the Units may be may freely transferred, that a percentage of profit or amount or type of consideration will be realized as a result of an investment in the Units, that past performance or experience on the part of any of the Manager or its Affiliates or any other person in any way indicates the predictable results of the ownership of the Units or of the overall business of the Company, that any cash distributions from the Company’s operations or otherwise will be made to the Members by any specific date or will be made at all, or that any specific tax benefits will accrue as a result of an investment in the Company.
No Representations by the Company. No representation or warranty has been or is being made that the Company owns the Licensed Mxxx for Products or any particular Product in the Territory or any portion of the Territory, except that the Company represents and warrants that, as of the date hereof, the Company owns the registrations and applications identified on Schedule 19.2 hereto. [TO BE PROVIDED]. If the Company reasonably should determine that the use of the Licensed Mxxx on any or all of the Products in the Territory or any portion of the Territory violates the trademark or other rights of another, Licensee shall not distribute, or authorize the sale of, such Products in or to such area and shall require retail locations to cease such sales. It will not be a breach of the Agreement, and the Company shall have no liability in connection with, any inability of Licensee to sell any Articles sold under the Licensed Mxxx in the Territory or any portion of the Territory, except that Licensee may terminate this Agreement if it is unable to sell Articles sold under the Licensed Mxxx in any significant portion of the Territory (it being understood that such termination shall be considered a normal termination (and not a default) hereunder).
No Representations by the Company. The Company will have the exclusive authority to decide what Confidential Information (if any) is to be made available to the Receiving Party and its Representatives. Neither the Company nor any of its directors, officers, employees, agents, consultants, advisors, attorneys, accountants and affiliates (collectively, the “Company Representatives”) will be under any obligation to make any particular Confidential Information available to the Receiving Party or any of the Receiving Party’s Representatives or to supplement or update any Confidential Information previously furnished. Neither the Company nor any of the Company Representatives has made or is making any representation or warranty, express or implied, as to the accuracy or completeness of any Confidential Information, and neither the Company nor any of the Company Representatives will have any liability to the Receiving Party or to any of the Receiving Party’s Representatives relating to or resulting from the use of any Confidential Information or any inaccuracies or errors therein or omissions therefrom. Only those representations and warranties (if any) that are included in any final definitive written agreement that provides for the consummation of a negotiated transaction between the Receiving Party and the Company and is validly executed on behalf of the Receiving Party and the Company will have legal effect.
No Representations by the Company. Neither any Manager, nor any --------------------------------- agent or employee of the Company or of any Manager, nor any other Person has at any time expressly or implicitly represented, guaranteed, or warranted to such Member that such Member may freely transfer any of the Membership Interests acquired by such Member pursuant to the terms hereof, that past performance or experience on the part of any such Person or their Affiliates or any other Person in any way indicates the predictable results of the ownership of the Membership Interests or of the overall Company business, that any cash distributions from Company operations or otherwise will be made to the Membership Interests by any specific date or will be made at all, or that any specific tax benefits will accrue as a result of an investment in the Company.
No Representations by the Company. Executive acknowledges and agrees that the Company has made no representations or promises to him except as expressly set forth herein.
No Representations by the Company. Subscriber acknowledges that neither the Company nor any director, officer, partner, manager, employee, agent or affiliate of the Company has made any representations or warranties to Subscriber, other than as contained in the Disclosure Materials or this Agreement.
No Representations by the Company. Cooperator admits that neither the Company nor its agents have made any representations or promises concerning the physical condition of the Building, the land upon which it is erected, or the Apartment, or any other matter or thing concerning the Apartment, except as mentioned in this Lease, or in the floor plans, if such plans were shown to Cooperator.
No Representations by the Company. No representations or warranties, oral or otherwise, have been made to the Investor by the Company or any agent, employee or affiliate of the Company, or any other person whether or not associated with this offering, and in entering into this transaction, the Investor is not relying upon any information other than that contained in the results of his/her own investigation.
No Representations by the Company. Neither the Company, its affiliates nor any of their respective officers, agents or employees, nor any other person has at any time expressly or implicitly represented, guaranteed or warranted to the Participant that (i) a percentage of profit and/or amount or type of consideration will be realized as a result of an investment in the Shares, (ii) past performance or experience, on the part of any person indicates the predictable results of the ownership of the Units or the Shares or of the overall Company business, or (iii) any specific tax benefits will accrue as a result of an investment in the Units or the Shares.
No Representations by the Company. The Company will have the exclusive authority to decide what Confidential Information (if any) is to be made available to the Receiving Party and its Representatives, provided, that the Receiving Party may decline to receive Confidential Information at any time for any reason. Neither the Company nor any of its directors, officers. employees, agents, consultants, advisors, attorneys, accountants and affiliates (collectively, the “Company Representatives”) will be under any obligation to make any particular Confidential Information available to the Receiving Party or any of the Receiving Party’s Representatives or to supplement or update any Confidential Information previously furnished. Neither the Company nor any of the Company Representatives has made or is making any representation or warranty, express or implied, as to the accuracy or completeness of any Confidential Information, and neither the Company nor any of the Company Representatives will have any liability to the Receiving Party or to any of the Receiving Party’s Representatives relating to or resulting from the use of any Confidential Information or any inaccuracies or errors therein or omissions therefrom, absent fraud or willful misconduct. Only those representations and warranties (if any) that are included in any final definitive written agreement that provides for the consummation of a negotiated transaction between the Receiving Party and the Company and is validly executed on behalf of the Receiving Party and the Company will have legal effect.
