Common use of OWNER’s Agreement Clause in Contracts

OWNER’s Agreement. XXXXX would not agree to assume the obligations contained in this Warranty in the absence of any of the limitations and exclusions contained herein. Therefore, (1) OWNER’s agreement to each and every term of this Warranty is an essential condition precedent to XXXXX’x obligations hereunder; (2) in the absence of such agreement by the OWNER the Product(s) is sold AS IS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (3) failure of any condition precedent herein shall discharge XXXXX from all further obligation under this Warranty, and the disclaimer herein of any other warranties, conditions and representations shall survive; and (4) by accepting or asserting any rights hereunder, OWNER irrevocably agrees to indemnify and hold harmless XXXXX, its affiliates, successors, assigns, directors, officers, employees and agents (each an “Indemnified Party”) from and against all claims, expenses (including attorney’s fees and expenses), losses, liabilities and damages in any way related to or arising from matters described in the section of this Warranty entitled “What This Warranty Does Not Cover,” and all amounts paid in defense of the foregoing which may be imposed upon, incurred by or asserted against an Indemnified Party by any person, firm or entity. Except as otherwise expressly provided above, this Warranty shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law rules. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY, IF OUTSIDE OF THE UNITED STATES. XXXXX COMPANY LLC By:

OWNER’s Agreement. XXXXX would not agree to assume the obligations contained in this Warranty in the absence of any of the limitations and exclusions contained herein. Therefore, (1) OWNER’s agreement to each and every term of this Warranty is an essential condition precedent to XXXXX’x obligations hereunder; (2) in the absence of such agreement by the OWNER the Product(s) is sold AS IS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (3) failure of any condition precedent herein shall discharge XXXXX from all further obligation under this Warranty, and the disclaimer herein of any other warranties, conditions and representations shall survive; and (4) by accepting or asserting any rights hereunder, OWNER irrevocably agrees to indemnify and hold harmless XXXXX, its affiliates, successors, assigns, directors, officers, employees and agents (each an “Indemnified Party”) from and against all claims, expenses (including attorney’s fees and expenses), losses, liabilities and damages in any way related to or arising from matters described in the section of this Warranty entitled “What This Warranty Does Not Cover,” and all amounts paid in defense of the foregoing which may be imposed upon, incurred by or asserted against an Indemnified Party by any person, firm or entity. Except as otherwise expressly provided above, this Warranty shall be governed by and construed in accordance with the laws of the State Province of Texas Ontario without regard to conflict of law rules. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE PROVINCE TO STATE PROVINCE OR COUNTRY TO COUNTRY, IF OUTSIDE OF THE UNITED STATESCANADA. XXXXX COMPANY LLC CANADA By:

OWNER’s Agreement. XXXXX would not agree to assume the obligations contained in this Warranty in the absence of any of the limitations and exclusions contained herein. Therefore, (1) OWNER’s agreement to each and every term of this Warranty is an essential condition precedent to XXXXX’x obligations hereunder; (2) in the absence of such agreement by the OWNER the Product(s) is sold AS IS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (3) failure of any condition precedent herein shall discharge XXXXX from all further obligation under this Warranty, and the disclaimer herein of any other warranties, conditions and representations shall survive; and (4) by accepting or asserting any rights hereunder, OWNER irrevocably agrees to indemnify and hold harmless XXXXX, its affiliates, successors, assigns, directors, officers, employees and agents (each an “Indemnified Party”) from and against all claims, expenses (including attorney’s fees and expenses), losses, liabilities and damages in any way related to or arising from matters described in the section of this Warranty entitled “What This Warranty Does Not Cover,” and all amounts paid in defense of the foregoing which may be imposed upon, incurred by or asserted against an Indemnified Party by any person, firm or entity. Except as otherwise expressly provided above, this Warranty shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law rules. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY, IF OUTSIDE OF STATE. THIS WARRANTY IS ONLY VALID WITHIN THE UNITED STATESSTATES AND ITS TERRIROTIES. XXXXX COMPANY LLC By: