Common use of No Warranty by Issuer Clause in Contracts

No Warranty by Issuer. The Company recognizes that the Issuer has not made an inspection of the Project or of any fixture or other item constituting a portion thereof, and the Issuer makes no warranty or representation, express or implied or otherwise, with respect to the same or the location, use, description, design, merchantability, fitness for use for any particular purpose, condition or durability thereof, or as to the Issuer's or the Company's title thereto or ownership thereof or otherwise, it being agreed that all risks incident thereto are to be borne by the Company. In the event of any defect or deficiency of any nature in the Project or any fixture or other item constituting a portion thereof, whether patent or latent, the Issuer shall have no responsibility or liability with respect thereto. The provisions of this Section 5.14 have been negotiated and are intended to be a complete exclusion and negation of any warranties or representations by the Issuer, express or implied, with respect to the Project or any fixture or other item constituting a portion thereof, whether arising pursuant to the Uniform Commercial Code of the State of Illinois or another law.

Appears in 3 contracts

Samples: Loan Agreement (Peoples Gas Light & Coke Co), Loan Agreement (Peoples Gas Light & Coke Co), Loan Agreement (Peoples Gas Light & Coke Co)

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No Warranty by Issuer. The Company recognizes that the Issuer has not made an inspection of the Project, including the Project Building and the Project Equipment, or of any fixture or other item constituting a portion thereof, and the Issuer makes no warranty or representation, express or implied or otherwise, with respect to the same or the location, use, description, design, merchantability, fitness for use for any particular purpose, condition or durability thereof, or as to the Issuer's or the Company's title thereto or ownership thereof or otherwise, it being agreed that all risks incident thereto are to be borne by the Company. In the event of any defect or deficiency of any nature in the Project or any fixture or other item constituting a portion thereof, whether patent or latent, the Issuer shall have no responsibility or liability with respect thereto. The provisions of this Section 5.14 7.18 have been negotiated and are intended to be a complete completed exclusion and negation of any warranties or representations by the Issuer, express or implied, with respect to the Project or any fixture or other item constituting a portion thereof, whether arising pursuant to the Uniform Commercial Code of the State of Illinois or another lawany other law now or hereafter in effect or otherwise.

Appears in 1 contract

Samples: Loan Agreement (Flanders Corp)

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