Common use of Other Warranty Provisions Clause in Contracts

Other Warranty Provisions. Assignee acknowledges that (a) Assignor has not made any warranty or representation, whether express, implied, at common law, by statute or otherwise, relating to the fitness for an intended purpose or condition of any movable property constituting a portion of the Assets and (b) Assignee shall acquire such personal property in WHERE IS, AS IS condition. Except as may be specifically set forth to the contrary in the Purchase and Sale Agreement described in 10 below(the "Agreement"), Buyer acknowledges that Seller has made no representations or warranties whatever, expressed or implied, (Seller having hereby expressly disclaimed all such warranties) as to the accuracy, completeness, or materiality of any data, information, record or materials now, heretofore, or hereafter made available in connection with this Agreement (including, without limitation, any descriptions of oil and gas leases; quality or quantity or hydrocarbon reserves attributable to the Assets, if any; production rates, exploratory or development drilling opportunities, decline rates, potential for production of hydrocarbons from the Assets; the environmental condition of said Assets; the legal, tax or other consequences of owning Seller's interest in the Assets; or any other information contained in any material furnished in connection with this transaction). Any and all such data, information, records or materials furnished by Seller to Buyer is provided as a convenience only and any reliance on or use of same is at the Buyer's sole risk. WITHOUT LIMITING THE GENERALITY OF THIS PARAGRAPH, SELLER DISCLAIMS AND NEGATES AS TO ANY PERSONAL PROPERTY, FIXTURES, IMPROVEMENTS AND APPURTENANCES SUBJECT TO THIS AGREEMENT (INCLUDING ALL WELLS): (A) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABIXXXX, (B) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND (C) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLE OR MATERIALS. THE PURCHASER EXPRESSLY AGREES THAT TITLE TO SUCH PERSONAL PROPERTY, FIXTURES, IMPROVEMENTS AND APPURTENANCES WILL BE ACCEPTED "AS IS", "WHERE IS", "WITH ALL FAULTS", AND IN ITS PRESENT CONDITION AND STATE OF REPAIR.

Other Warranty Provisions. Assignee acknowledges that (a) Assignor has not made any warranty or representation, whether express, implied, at common law, by statute or otherwise, relating to the fitness for an intended purpose or condition of any movable property constituting a portion of the Assets and (b) Assignee shall acquire such personal property in WHERE IS, AS IS condition. Except as may be specifically set forth to the contrary in the Purchase and Sale Agreement described in 10 below(the "Agreement"), Buyer acknowledges that Seller has made no representations or warranties whatever, expressed or implied, (Seller having hereby expressly disclaimed all such warranties) as to the accuracy, completeness, or materiality of any data, information, record or materials now, heretofore, or hereafter made available in connection with this Agreement (including, without limitation, any descriptions of oil and gas leases; quality or quantity or hydrocarbon reserves attributable to the Assets, if any; production rates, exploratory or development drilling opportunities, decline rates, potential for production of hydrocarbons from the Assets; the environmental condition of said Assets; the legal, tax or other consequences of owning Seller's interest in the Assets; or any other information contained in any material furnished in connection with this transaction). Any and all such data, information, records or materials furnished by Seller to Buyer is provided as a convenience only and any reliance on or use of same is at the Buyer's sole risk. WITHOUT LIMITING THE GENERALITY OF THIS PARAGRAPH, SELLER DISCLAIMS AND NEGATES AS TO ANY PERSONAL PROPERTY, FIXTURES, IMPROVEMENTS AND APPURTENANCES SUBJECT TO THIS AGREEMENT (INCLUDING ALL WELLS): (A) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABIXXXXMERCHANTABXXXXX, (B) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND (C) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLE OR MATERIALS. THE PURCHASER EXPRESSLY AGREES THAT TITLE TO SUCH PERSONAL PROPERTY, FIXTURES, IMPROVEMENTS AND APPURTENANCES WILL BE ACCEPTED "AS IS", "WHERE IS", "WITH ALL FAULTS", AND IN ITS PRESENT CONDITION AND STATE OF REPAIR.

Other Warranty Provisions. Except as may be specifically set forth to the contrary in the Purchase and Sale and Acreage Exchange Agreement, Assignee acknowledges that (a) Assignor has not made any warranty or representation, whether express, implied, at common law, by statute or otherwise, relating to the fitness for an intended purpose or condition of any movable property constituting a portion of the Assets and (b) Assignee shall acquire such personal property in "AS IS, WHERE IS, AS IS " condition. Except as may be specifically set forth to the contrary in the Purchase and Sale and Acreage Exchange Agreement described in 10 below(the Section 9. below (the "Agreement"), Buyer Assignee acknowledges that Seller Assignor has made no representations or warranties whatever, expressed or implied, (Seller Assignor having hereby expressly disclaimed all such warranties) as to the accuracy, completeness, or materiality of any data, information, record or materials now, heretofore, or hereafter made available in connection with this Agreement (including, without limitation, any descriptions of oil and gas leases; quality or quantity or hydrocarbon reserves attributable to the Assets, if any; production rates, exploratory or development drilling opportunities, decline rates, potential for production of hydrocarbons from the Assets; the environmental condition of said Assets; the legal, tax or other consequences of owning SellerAssignor's interest in the Assets; or any other information contained in any material furnished in connection with this transaction). Any and all such data, information, records or materials furnished by Seller Assignor to Buyer Assignee is provided as a convenience only and any reliance on or use of same is at the BuyerAssignee's sole risk. EXCEPT AS MAY BE SPECIFICALLY SET FORTH TO THE CONTRARY IN THE PURCHASE AND SALE AND ACREAGE EXCHANGE AGREEMENT, WITHOUT LIMITING THE GENERALITY OF THIS PARAGRAPH, SELLER ASSIGNOR DISCLAIMS AND NEGATES AS TO ANY PERSONAL PROPERTY, FIXTURES, IMPROVEMENTS AND APPURTENANCES SUBJECT TO THIS AGREEMENT (INCLUDING ALL WELLS): (A) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABIXXXXMERCHXXXXXILITY, (B) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND (C) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLE OR MATERIALS. THE PURCHASER ASSIGNEE EXPRESSLY AGREES THAT TITLE TO SUCH PERSONAL PROPERTY, FIXTURES, IMPROVEMENTS AND APPURTENANCES WILL BE ACCEPTED "AS IS", "WHERE IS", "WITH ALL FAULTS", AND IN ITS PRESENT CONDITION AND STATE OF REPAIR.

Other Warranty Provisions. Assignee Buyer acknowledges that (a) Assignor Seller has not made any warranty or representation, whether express, implied, at common law, by statute or otherwise, relating to the fitness for an intended purpose or condition of any movable property constituting a portion of the Assets and (b) Assignee Buyer shall acquire such personal property in WHERE IS, AS IS condition. Except as may be specifically set forth to the contrary in the Purchase and Sale Agreement described in 10 below(the "this Agreement"), Buyer acknowledges that Seller has made no representations or warranties whatever, expressed or implied, (Seller having hereby expressly disclaimed all such warranties) as to the accuracy, completeness, or materiality of any data, information, record or materials now, heretofore, or hereafter made available in connection with this Agreement (including, without limitation, any descriptions of oil and gas leases; quality or quantity or hydrocarbon reserves attributable to the Assets, if any; production rates, exploratory or development drilling opportunities, decline rates, potential for production of hydrocarbons from the Assets; the environmental condition of said Assets; the legal, tax or other consequences of owning Seller's interest in the Assets; or any other information contained in any material furnished in connection with this transaction). Any and all such data, information, records or materials furnished by Seller to Buyer is provided as a convenience only and any reliance on or use of same is at the Buyer's sole risk. WITHOUT LIMITING THE GENERALITY OF THIS PARAGRAPH, SELLER DISCLAIMS AND NEGATES AS TO ANY PERSONAL PROPERTY, FIXTURES, IMPROVEMENTS AND APPURTENANCES SUBJECT TO THIS AGREEMENT (INCLUDING ALL WELLS): (A) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABIXXXXMERCHANTABXXXXX, (B) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND (C) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLE OR MATERIALS. THE PURCHASER EXPRESSLY AGREES THAT TITLE TO SUCH PERSONAL PROPERTY, FIXTURES, IMPROVEMENTS AND APPURTENANCES WILL BE ACCEPTED "AS IS", "WHERE IS", "WITH ALL FAULTS", AND IN ITS PRESENT CONDITION AND STATE OF REPAIR.

Other Warranty Provisions. Assignee acknowledges that (a) Assignor has not made any warranty or representation, whether express, implied, at common law, by statute or otherwise, relating to the fitness for an intended purpose or condition of any movable property constituting a portion of the Assets and (b) Assignee shall acquire such personal property in WHERE IS, AS IS condition. Except as may be specifically set forth to the contrary in the Purchase and Sale Agreement described in 10 below(the "Agreement"), Buyer acknowledges that Seller has made no representations or warranties whatever, expressed or implied, (Seller having hereby expressly disclaimed all such warranties) as to the accuracy, completeness, or materiality of any data, information, record or materials now, heretofore, or hereafter made available in connection with this Agreement (including, without limitation, any descriptions of oil and gas leases; quality or quantity or hydrocarbon reserves attributable to the Assets, if any; production rates, exploratory or development drilling opportunities, decline rates, potential for production of hydrocarbons from the Assets; the environmental condition of said Assets; the legal, tax or other consequences of owning Seller's interest in the Assets; or any other information contained in any material furnished in connection with this transaction). Any and all such data, information, records or materials furnished by Seller to Buyer is provided as a convenience only and any reliance on or use of same is at the Buyer's sole risk. WITHOUT LIMITING THE GENERALITY OF THIS PARAGRAPH, SELLER DISCLAIMS AND NEGATES AS TO ANY PERSONAL PROPERTY, FIXTURES, IMPROVEMENTS AND APPURTENANCES SUBJECT TO THIS AGREEMENT (INCLUDING ALL WELLS): (A) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABIXXXXMERCHANTABILIXX, (B) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND (C) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLE OR MATERIALS. THE PURCHASER EXPRESSLY AGREES THAT TITLE TO SUCH PERSONAL PROPERTY, FIXTURES, IMPROVEMENTS AND APPURTENANCES WILL BE ACCEPTED "AS IS", "WHERE IS", "WITH ALL FAULTS", AND IN ITS PRESENT CONDITION AND STATE OF REPAIR.

Other Warranty Provisions. Except as may be specifically set forth to the contrary in the Purchase and Sale Agreement, Assignee acknowledges that (a) Assignor has not made any warranty or representation, whether express, implied, at common law, by statute or otherwise, relating to the fitness for an intended purpose or condition of any movable property constituting a portion of the Assets and (b) Assignee shall acquire such personal property in "AS IS, WHERE IS, AS IS " condition. Except as may be specifically set forth to the contrary in the Purchase and Sale Agreement described in 10 below(the Section 9. below (the "Agreement"), Buyer Assignee acknowledges that Seller Assignor has made no representations or warranties whatever, expressed or implied, (Seller Assignor having hereby expressly disclaimed all such warranties) as to the accuracy, completeness, or materiality of any data, information, record or materials now, heretofore, or hereafter made available in connection with this Agreement (including, . without limitation, any descriptions of oil and gas leases; quality or quantity or hydrocarbon reserves attributable to the Assets, if any; production rates, exploratory or development drilling opportunities, decline rates, potential for production of hydrocarbons from the Assets; the environmental condition of said Assets; the legal, tax or other consequences of owning SellerAssignor's interest in the Assets; or any other information contained in any material furnished in connection with this transaction). Any and all such data, information, records or materials furnished by Seller Assignor to Buyer Assignee is provided as a convenience only and any reliance on or use of same is at the BuyerAssignee's sole risk. EXCEPT AS MAY BE SPECIFICALLY SET FORTH TO THE CONTRARY IN THE PURCHASE AND SALE AND ACREAGE EXCHANGE AGREEMENT, WITHOUT LIMITING THE GENERALITY OF THIS PARAGRAPH, SELLER ASSIGNOR DISCLAIMS AND NEGATES AS TO ANY PERSONAL PROPERTY, FIXTURES, IMPROVEMENTS AND APPURTENANCES SUBJECT TO THIS AGREEMENT (INCLUDING ALL WELLS): (A) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABIXXXXMERCHANTABILITY, (BX) ANY IMPLIED OR EXPRESS EMPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND (C) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLE S.AMPLE OR MATERIALSMATTERIALS. THE PURCHASER ASSIGNEE EXPRESSLY AGREES THAT TITLE TO SUCH PERSONAL PROPERTY, FIXTURES, IMPROVEMENTS AND APPURTENANCES WILL BE ACCEPTED "AS IS", "WHERE IS", "WITH ALL FAULTS", " AND IN ITS PRESENT CONDITION AND STATE OF REPAIR.

Other Warranty Provisions. Assignee Except as set forth herein, Buyer acknowledges that (a) Assignor Seller has not made any warranty or representation, whether express, implied, at common law, by statute or otherwise, . relating to the fitness for an intended purpose or condition of any movable property constituting a portion of the Assets and (b) Assignee Buyer shall acquire such personal property in AS IS, WHERE IS, AS IS condition. " condition Except as may be specifically set forth to the contrary in the Purchase and Sale Agreement described in 10 below(the "this Agreement"), Buyer acknowledges that Seller has made no representations or warranties whatever, expressed or implied, (Seller having hereby expressly disclaimed all such warranties) as to the accuracy, completeness, or materiality of any data, information, record or materials now, heretofore, or hereafter made available in connection with this Agreement (including, without limitation, any descriptions of oil and gas leases; quality or quantity or of hydrocarbon reserves attributable to the Assets, if any; production rates, . exploratory or development drilling opportunities, decline rates, potential for production of hydrocarbons from the Assets; the environmental condition of said Assets; the legal, . tax or other consequences of owning Seller's interest in the Assets; or any other information contained in any material furnished in connection with this transaction). ) Any and all such data, information, records or materials furnished by Seller to Buyer is are provided as a convenience only and any reliance on or use of same is at the Buyer's sole risk. EXCEPT AS SET FORTH HEREIN, WITHOUT LIMITING THE GENERALITY OF THIS PARAGRAPH, PARAGRAPH SELLER DISCLAIMS AND NEGATES AS TO ANY PERSONAL PROPERTY, FIXTURES, FIXTURES IMPROVEMENTS AND APPURTENANCES SUBJECT TO THIS AGREEMENT (INCLUDING ALL WELLS): (A) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABIXXXXMERXXXXXABILITY, (B) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND (C) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLE OR MATERIALS. THE PURCHASER EXPRESSLY AGREES THAT TITLE TO SUCH PERSONAL PROPERTY, FIXTURES, IMPROVEMENTS AND APPURTENANCES WILL BE ACCEPTED "AS IS", "WHERE IS", "WITH ALL FAULTS", AND IN ITS PRESENT CONDITION AND STATE OF REPAIRRFPAIR.

Other Warranty Provisions. Assignee Except as set forth herein, Seller acknowledges that (a) Assignor Buyer has not made any warranty or representation, whether express, implied, at common law, by statute or otherwise, relating to the fitness for an intended purpose or condition of any movable property constituting a portion of the Buyer's Assets and (b) Assignee Seller shall acquire such personal property in "AS IS, WHERE IS, AS IS " condition. Except as may be specifically set forth to the contrary in the Purchase and Sale Agreement described in 10 below(the "this Agreement"), Buyer Seller acknowledges that Seller Buyer has made no representations or warranties whatever, expressed or implied, (Seller Buyer having hereby expressly disclaimed all such warranties) as to the accuracy, completeness, or materiality of any data, information, record or materials now, heretofore, or hereafter made available in connection with this Agreement (including, without limitation, any descriptions of oil and gas leases; quality or quantity or of hydrocarbon reserves attributable to the Buyer's Assets, if any; production rates, exploratory or development drilling opportunities, decline rates, potential for production of hydrocarbons from the Buyer's Assets; the environmental condition of said Buyer's Assets; the legal, tax or other consequences of owning SellerBuyer's interest in the Buyer's Assets; or any other information contained in any material furnished in connection with this transaction). Any and all such data, information, records or materials furnished by Buyer to Seller to Buyer is provided as a convenience only and any reliance on or use of same is at the BuyerSeller's sole risk. EXCEPT AS SET FORTH HEREIN, WITHOUT LIMITING THE GENERALITY OF THIS PARAGRAPH, SELLER BUYER DISCLAIMS AND NEGATES AS TO ANY PERSONAL PROPERTY, FIXTURES, IMPROVEMENTS AND APPURTENANCES SUBJECT TO THIS AGREEMENT (INCLUDING ALL WELLS): (A) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABIXXXXMERCHANTABXXXXX, (B) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND (C) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLE OR MATERIALS. THE PURCHASER EXPRESSLY AGREES THAT TITLE TO SUCH PERSONAL PROPERTY, FIXTURES, IMPROVEMENTS AND APPURTENANCES WILL BE ACCEPTED "AS IS", "WHERE IS", "WITH ALL FAULTS", AND IN ITS PRESENT CONDITION AND STATE OF REPAIR.