Seller’s Warranties. (a) The Seller warrants that, to the best of its knowledge and subject to the other conditions of this Agreement (including subject to satisfaction of the condition precedent set out in clause 2.2), at Completion: (i) it will be capable of completing this Agreement; (ii) there will be no claims, proceedings or notices affecting the Water Allocation; and/or (iii) there will be no existing and unsatisfied judgments, writs or orders affecting the Water Allocation. (b) To the extent permitted by Law, the Seller gives no further warranty or condition (express or implied) as to any matter (past, present, future or anticipated) relevant to the Water Allocation, including, without limitation: (i) the quality of any water the subject of or to which the Buyer may be entitled under the Water Allocation; (ii) the purpose for which any water may be used; (iii) that the Nominal Volume, or any part of it, will be delivered by the ROL Holder or any other persons responsible for its transportation to the Buyer; and/or (iv) that the Nominal Volume, or any part of it, will be made available to the Buyer, and the Buyer bears the risk of any non-delivery or non-availability of the Nominal Volume in whole or in part.
Appears in 6 contracts
Samples: Contract of Sale of Water Allocation, Contract of Sale of Water Allocation, Contract of Sale of Water Allocation
Seller’s Warranties. (a) The Seller warrants that, to the best of its knowledge and subject to the other conditions of this Agreement (including subject to satisfaction of the condition precedent set out in clause 2.2), at Completion:
(i) it will be capable of completing this Agreement;
(ii) there will be no claims, proceedings or notices affecting the Water Allocation; and/or
(iii) there will be no existing and unsatisfied judgments, writs or orders affecting the Water Allocation.
(b) To the extent permitted by Law, the Seller gives no further warranty or condition (express or implied) as to any matter (past, present, future or anticipated) relevant to the Water Allocation, including, without limitation:
(i) the quality of any water the subject of or to which the Buyer may be entitled under the Water Allocation;
(ii) the purpose for which any water may be used;
(iii) that the Nominal Volume, or any part of it, will be delivered by the ROL Holder or any other persons responsible for its transportation to the Buyer; and/or
(iv) that the Nominal Volume, or any part of it, will be made available to the Buyer, and the Buyer bears the risk of any non-delivery non‐delivery or non-availability non‐availability of the Nominal Volume in whole or in part.
Appears in 2 contracts
Samples: Contract of Sale, Contract of Sale of Water Allocation
Seller’s Warranties. (a) The Subject to clause 2, the Seller warrants that, to the best of its knowledge and subject to the other conditions of this Agreement (including subject to satisfaction of the condition precedent set out in clause 2.2)Agreement, at Completion:
(i) it will be capable of completing this Agreement;
(ii) there will be no claims, proceedings or notices affecting the Interim Water Allocation; and/or
(iii) there will be no existing and unsatisfied judgments, writs or orders affecting the Interim Water Allocation.
(b) To the extent permitted by Law, the Seller gives no further warranty or condition (express or implied) as to any matter (past, present, future or anticipated) relevant to the Interim Water Allocation, including, without limitation:
(i) the quality of any water the subject of or to which the Buyer may be entitled under the Interim Water Allocation;
(ii) the purpose for which any water may be used;
(iii) that the Nominal Volume, or any part of it, will be delivered by the ROL IROL Holder or any other persons responsible for its transportation to the Buyer; and/or
(iv) that the Nominal Volume, or any part of it, will be made available to the Buyer, and the Buyer bears the risk of any non-delivery or non-availability of the Nominal Volume in whole or in part.
Appears in 1 contract
Samples: Contract of Sale