No Right of Rescission. Subject to the limitations and exceptions as to enforceability set forth in paragraph (v) above, there is no valid offset, defense, counterclaim or right of rescission, abatement of amounts due under the Mortgage Note or diminution of amounts due under the Mortgage Note with respect to any of the related Mortgage Note, Mortgage(s) or other agreements executed in connection with such Mortgage Loan and, as of the Closing Date, to the actual knowledge of the Depositor, no such claim has been asserted.
No Right of Rescission. As of the date of origination, subject to the limitations and exceptions as to enforceability set forth in paragraph (v) above, there was no valid offset, defense, counterclaim or right to rescission, abatement of amounts due under the Mortgage Note or diminution of amounts due under the Mortgage Note with respect to any of the related Mortgage Note, Mortgage(s) or other agreements executed in connection with such Mortgage Loan; and, as of the Closing Date, subject to the limitations and exceptions as to enforceability set forth in paragraph (v) above, there is no valid offset, defense, counterclaim or right of rescission, abatement of amounts due under the Mortgage Note or diminution of amounts due under the Mortgage Note with respect to any of the related Mortgage Note, Mortgage(s) or other agreements executed in connection with such Mortgage Loan.
No Right of Rescission. As of the date of origination, subject to the limitations and exceptions as to enforceability set forth in paragraph (v) above, there was no valid offset, defense, counterclaim or right to rescission with respect to any of the related Mortgage Note, Mortgage(s) or other agreements executed in connection with such Mortgage Loan; and, as of the Closing Date, subject to the limitations and exceptions as to enforceability set forth in paragraph (v) above, there is no valid offset, defense, counterclaim or right to rescission with respect to such Mortgage Note, Mortgage(s) or other agreements executed in connection with such Mortgage Loan; and, to the actual knowledge of the Seller, no such claim has been asserted.
No Right of Rescission. No party hereto shall have any right of rescission or amendment arising out of or relating to any non-compliance with Federal Cannabis Laws existing on the Effective Date, and no party shall seek to enforce the provisions hereof in federal court unless and until the parties have reasonably determined that State Cannabis Laws are fully compliant with Federal Cannabis Laws.
No Right of Rescission. The Parties shall have no right to terminate this Agreement (unless otherwise expressly agreed by them), and any right of rescission is hereby waived and excluded by the Parties.
No Right of Rescission. Other than in the event of fraud or fraudulent misrepresentation, the sole remedy of the Purchaser for breach of the Warranties shall be damages and the Purchaser acknowledges that it shall have no right to rescind this Agreement after Completion for breach of the Warranties.
No Right of Rescission. Notwithstanding any breach of this Agreement or the provisions of any Applicable Law, the sole remedy of the Purchaser for breach of the Warranties shall be damages and the Purchaser shall have no right to rescind or terminate this Agreement or any other Transaction Document after Completion in any circumstances or be entitled to treat the Seller as having repudiated this Agreement or any other Transaction Document. The Purchaser irrevocably waives any other rights, powers or remedies it may have in relation to a breach of the Warranties and no member of the Seller's Group shall be liable to the Purchaser or any other member of the Purchaser’s Group under any statutory warranty provisions or similar rules.
No Right of Rescission. Except as otherwise provided in Section 2.9, notwithstanding that any of the Parties becomes aware at any time of a fact or circumstance which gives rise to or which would or might give rise to a Claim, after the Initial Closing, such Party shall not be entitled to rescind this Agreement or treat this Agreement as terminated, but shall only be entitled to claim Damages or specific performance under Section 8.7 in respect of such matter and, accordingly, except as otherwise provided in Section 2.9, each of the Parties waives all and any rights of rescission it may have in respect of any such matter (howsoever arising or deemed to arise), other than any such rights in respect of fraud.
No Right of Rescission. Buyer acknowledges and is aware that every MyControl Bathing System is custom manufactured to Buyer’s specifications. Except as provided in Section 6.1, the cash deposit or any purchase price amount paid to ABT may be retained by ABT as if all sales terms have been met to offset ABT damages or loss. If Buyer refuses to complete this purchase, Buyer may be responsible for any other damages which ABT incurs as a result of Buyer’s failure to perform obligations under the terms of this Agreement. Under no circumstances shall a cancellation of payment release Buyer from any obligations under this Agreement.
No Right of Rescission. Notwithstanding anything to the contrary contained in this Agreement, the right of rescission shall not be an available remedy to any party hereto. The indemnification provisions contained in Sections 8.2(a) and (b) are intended by the parties to be the exclusive remedies available to the parties hereto in connection with this Agreement and the transactions contemplated by this Agreement (other than as specifically set forth in Section 6.6(d)).
