UPON CLOSING AND UPON DELIVERY Clause Samples

UPON CLOSING AND UPON DELIVERY. BUYER AGREES TO ACCEPT THIS WARRANTY IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY AND WORKMANSHIP, AND THE WARRANTY IS ALSO IN LIEU OF ANY CLAIMS FOR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, MENTAL ANGUISH OR DISTRESS, ANNOYANCE AND INCONVENIENCE, AND FOR DAMAGES BASED UPON NEGLIGENCE, FRAUD OR MISREPRESENTATION, AND THE BUYER HEREBY EXPRESSLY WAIVES AND DISCLAIMS ANY SUCH WARRANTIES AND CLAIMS WITH RESPECT TO THE PROPERTY. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OF THE CONVEYANCE HEREIN DESCRIBED. SELLER AND TNB MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ITEMS INSTALLED IN THE PROPERTY WHICH ARE ORDERED SPECIFICALLY OR SEPARATELY BY THE BUYER. IN NO EVENT WILL SELLER OR TNB BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY ALLEGED BREACH OF SUCH WARRANTY OR THIS AGREEMENT AND BUYER’S REMEDY SHALL BE LIMITED TO THE EXPRESS TERMS CONTAINED WITHIN THE WARRANTY. BUYER INTENDS THAT THIS LIMITED WARRANTY SHALL BIND ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO ANY ASSOCIATION WHICH SEEKS THE BENEFIT OF THIS AGREEMENT OR SEEKS TO ENFORCE BUYER’S RIGHTS. THIS PARAGRAPH SURVIVES CLOSING, TERMINATION OR EXPIRATION OF THIS AGREEMENT. IT IS EXPRESSLY AGREED AND UNDERSTOOD THAT THE TERMS HEREOF SHALL BE DEEMED EXCULPATORY AND SHALL SERVE AS A FULL AND COMPLETE BAR AND RELEASE OF ANY CLAIM AGAINST SELLER AND TNB EXCEPT AS MAY ARISE PURSUANT TO AND LIMITED BY THE TERMS OF THE TNB LIMITED WARRANTY. BUYER, FOR ITSELF, ITS HEIRS, SUCCESSORS, ASSIGNS, AND ANY ASSOCIATIONS TO WHICH BUYER IS A MEMBER, HEREBY AGREES, COVENANTS, AND ACKNOWLEDGES THAT BUYER’S SOLE AND ONLY REMEDIES AGAINST SELLER AND/OR TNB SHALL BE THOSE CONTAINED WITHIN THE TERMS AND PROVISIONS OF THE TNB LIMITED WARRANTY. THIS TERM AND PROVISION OF THIS CONTRACT SHALL BE DEEMED TO BE EXPANSIVE AND SHALL NOT BE DEEMED TO BE READ AS WORDS OF LIMITATION AND SHALL BE DEEMED TO INCLUDE ALL CLAIMS FOR NEGLIGENCE, STATUTORY VIOLATIONS, CLAIMS ARISING UNDER THE COLORADO CONSUMER PROTECTION ACT, THE COLORADO SOILS DISCLOSURE ACT, OR ANY EQUIVALENT CLAIM.