Risk of Operations. Licensor recognizes that there are many uncertainties in the business contemplated herein, and therefore Licensee agrees and acknowledges that no representations, warranties or guarantees (other than those explicitly set forth in this Schedule) have been made to Licensee, either by Licensor or by anyone acting on its behalf or purporting to represent it, including but not limited to representations concerning the viability of the Stores, the prospects for successful operations, the level of sales, business or profits that Licensee might reasonably expect, or the desirability, profitability or expected traffic volume of the Stores.
Risk of Operations. FRANCHISEE RECOGNIZES THAT THERE ARE MANY UNCERTAINTIES WITH RESPECT TO THE ESTABLISHMENT AND OPERATION OF THE FRANCHISED BUSINESS. THEREFORE, FRANCHISEE AGREES AND ACKNOWLEDGES THAT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR AGREEMENTS HAVE BEEN MADE TO FRANCHISEE, EITHER BY FRANCHISOR OR BY ANYONE ACTING ON ITS BEHALF OR PURPORTING TO REPRESENT IT, INCLUDING, BUT NOT LIMITED TO, THE PROSPECTS FOR SUCCESSFUL OPERATIONS, THE LEVEL OF BUSINESS OR PROFITS THAT FRANCHISEE MIGHT FREASONABLY EXPECT, THE DESIRABILITY, PROFITABILITY OR EXPECTED CLIENT COUNT OF THE CONVERSION CENTER FRANCHISED HEREBY, WHETHER OR NOT FRANCHISOR ASSISTED FRANCHISEE IN THE SELECTION OF THE LOCATION OF THE CONVERSION CENTER. FRANCHISEE HEREBY ACKNOWLEDGES THAT ALL SUCH FACTORS ARE NECESSARILY DEPENDENT UPON VARIABLES WHICH ARE BEYOND FRANCHISOR'S CONTROL, INCLUDING, WITHOUT LIMITATION, THE ABILITY, MOTIVATION, AMOUNT AND QUALITY OF EFFORT EXPENDED BY FRANCHISEE, AND THEREFORE FRANCHISEE RELEASES FRANCHISOR AND ITS OFFICERS, DIRECTORS, AFFILIATES, SHAREHOLDERS AND AGENTS FROM ANY AND ALL CLAIMS, SUITS AND LIABILITY RELATING TO THE OPERATION OF FRANCHISEE'S CONVERSION CENTER INCLUDING, BUT NOT LIMITED TO, THE RESULTS OF ITS OPERATION, EXCEPT TO THE EXTENT THAT THE SAME IS PREDICATED UPON THE BREACH OF A SPECIFIC WRITTEN OBLIGATION OF FRANCHISOR CONTAINED IN THIS AGREEMENT AND PROVIDED, HOWEVER, THAT ALL RIGHTS ENJOYED BY THE FRANCHISEE AND ANY CAUSE OF ACTION ARISING IN HIS FAVOR FROM THE PROVISIONS OF ARTICLE 33 OF THE GBL AND THE REGULATIONS ISSUED THEREUNDER SHALL REMAIN IN FORCE; IT BEING THE INTENT OF THIS PROVISION THAT THE NON-WAIVER PROVISIONS OF GBL SECTIONS 687.4 AND 687.5 BE SATISFIED.
Risk of Operations. You recognize the uncertainties of the Franchised Business, and therefore acknowledge that, except as set forth in this Agreement, no representations or agreements have been made regarding the success, sales potential, or profitability of the Franchised Business or the suitability of any location.
Risk of Operations. 33 ARTICLE
Risk of Operations. Franchisee recognizes that there are many uncertainties in this business and therefore, Franchisee agrees and acknowledges that, except as specifically set forth in this Agreement, no representations, warranties, guaranties or agreements have been made to Franchisee, either by the Franchisor or by anyone acting on its behalf or purporting to represent it, including, but not limited to, the prospects for successful operations, the level of business or profits that Franchisee might reasonably expect to achieve, the desirability, profitability or expected traffic volume of the ZAP Electric Vehicle Outlet franchised hereby, whether or not the Franchisor assisted Franchisee in the selection of the location of the Outlet. Franchisee hereby acknowledges that all such factors are necessarily dependent upon variables which are beyond the Franchisor's control, including, without limitation, the ability, motivation, amount and quality of effort expended by Franchisee. Franchisee therefore releases the Franchisor, its subsidiary or affiliated corporations, officers, directors, affiliates and employees from any and all claims, suits and liability relating to the operation of Franchisee's Outlet including, but not limited to, the results of its operation, except to the extent that the same is predicated on the breach of a specific written obligation of the Franchisor contained in this Agreement.
