Common use of Purchasers Release of Seller Clause in Contracts

Purchasers Release of Seller. FROM AND AFTER CLOSING AND WITHOUT FURTHER DOCUMENTATION, PURCHASER RELEASES AND DISCHARGES SELLER AND SELLERS AFFILIATES FROM ALL CLAIMS RELATING TO THE ASSETS, THE PROPERTY OR THIS TRANSACTION, REGARDLESS OF WHEN OR HOW THE CLAIM AROSE OR ARISES OR WHETHER THE CLAIM WAS FORESEEABLE OR UNFORESEEABLE. PURCHASER'S RELEASE OF SELLER AND ITS AFFILIATES INCLUDES CLAIMS RESULTING IN ANY WAY FROM THE NEGLIGENCE OR STRICT LIABILITY OF SELLER AND ITS AFFILIATES, WHETHER THE NEGLIGENCE OR STRICT LIABILITY IS ACTIVE PASSIVE, JOINT, CONCURRENT, OR SOLE. THERE ARE NO EXCEPTIONS TO PURCHASERS RELEASE OF SELLER AND ITS AFFILIATES, AND THIS RELEASE IS BINDING ON PURCHASER AND ITS SUCCESSORS AND ASSIGNS. PURCHASER EXPRESSLY WARRANTS AND REPRESENTS AND DOES HEREBY STATE AND REPRESENT THAT NO PROMISE OR AGREEMENT WHICH IS NOT HEREIN EXPRESSED HAS BEEN MADE TO PURCHASER IN EXECUTING THIS AGREEMENT OR AGREEING TO THIS RELEASE AND THAT PURCHASER IS NOT RELYING UPON ANY STATEMENT OR REPRESENTATION OF SELLER OR ANY AGENT OR AFFILIATE OF SELLER. PURCHASER HAS BEEN REPRESENTED BY LEGAL COUNSEL AND SAID COUNSEL HAS READ AND EXPLAINED TO PURCHASER THE ENTIRE CONTENTS OF THIS AGREEMENT AND THIS RELEASE AND EXPLAINED THE LEGAL CONSEQUENCES THEREOF.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Pioneer Natural Resources Co), Purchase and Sale Agreement (Costilla Energy Inc), Purchase and Sale Agreement (Pioneer Natural Resources Co)

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Purchasers Release of Seller. FROM AT, UPON AND AFTER CLOSING AND WITHOUT FURTHER ACTION OR DOCUMENTATION, EXCEPT AS SET FORTH IN SECTIONS 9.3, 9.4, 9.5, 9.11, 9.12 AND 11.3, PURCHASER RELEASES AND DISCHARGES SELLER AND SELLERS SELLER'S AFFILIATES AND THEIR RESPECTIVE REPRESENTATIVES FROM ALL CLAIMS RELATING IN ANY WAY TO THE ASSETS, THE PROPERTY OR THE TRANSACTIONS CONTEMPLATED BY THIS TRANSACTIONAGREEMENT, REGARDLESS OF WHEN OR HOW THE CLAIM CLAIMS AROSE OR ARISES ARISE OR WHETHER THE CLAIM WAS CLAIMS WERE FORESEEABLE OR UNFORESEEABLE. PURCHASER'S RELEASE OF SELLER AND ITS AFFILIATES AND THEIR RESPECTIVE REPRESENTATIVES INCLUDES CLAIMS RESULTING IN ANY WAY FROM THE NEGLIGENCE OR STRICT LIABILITY OF SELLER AND ITS AFFILIATESAFFILIATES AND THEIR RESPECTIVE REPRESENTATIVES, WHETHER THE NEGLIGENCE OR STRICT LIABILITY IS ACTIVE PASSIVE, JOINT, CONCURRENT, OR SOLE. THERE ARE NO EXCEPTIONS TO PURCHASERS PURCHASER'S RELEASE OF SELLER AND ITS AFFILIATES AND THEIR RESPECTIVE AFFILIATES, EXCEPT AS SET FORTH IN SECTIONS, 9.3, 9.4, 9.5, 9.11, 9.12 AND 11.3, AND THIS RELEASE IS BINDING ON PURCHASER AND ITS SUCCESSORS AND ASSIGNS. PURCHASER EXPRESSLY WARRANTS AND REPRESENTS AND DOES HEREBY STATE AND REPRESENT THAT NO PROMISE OR AGREEMENT WHICH IS NOT HEREIN EXPRESSED HAS BEEN MADE TO PURCHASER IN EXECUTING THIS AGREEMENT OR AGREEING TO THIS RELEASE AND THAT PURCHASER IS NOT RELYING UPON ANY STATEMENT OR REPRESENTATION OF SELLER OR ANY AGENT OR AFFILIATE OF SELLERSELLER OR ANY OF THEIR RESPECTIVE REPRESENTATIVES. PURCHASER HAS BEEN REPRESENTED BY LEGAL COUNSEL AND SAID COUNSEL HAS READ AND EXPLAINED TO PURCHASER THE ENTIRE CONTENTS OF THIS AGREEMENT AND THIS RELEASE AND EXPLAINED THE LEGAL CONSEQUENCES THEREOF.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pioneer Natural Resources Co)

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