Waiver of DTPA. Neither the Borrower nor its Subsidiary is in a significantly disparate bargaining position and they have both been represented by legal counsel in this transaction. The Borrower and its Subsidiaries hereby waive the applicability of the Texas Deceptive Trade Practices Act (other than Section 17.555) to the transaction and any and all rights or remedies that may be available to the Borrower or any Subsidiary in connection with this transaction.
Waiver of DTPA. (a) Recognizing that the parties hereto cannot by matters contained solely in this Lease stipulate conclusively that the Tenant is not in a significantly disparate bargaining position as to the Landlord, nevertheless, the parties do hereby state and acknowledge that the Tenant is not in a disparate bargaining position in comparison to the Landlord for purposes of waiving the provisions of the Texas Deceptive Trade Practices - Consumer Protection Act, Sections 17.41 - 17.62 of the Texas Business and Commerce Code (the "DTPA") with respect to this transaction.
(b) The Tenant represents that it is and has been represented by legal counsel of its own choosing in seeking or acquiring the goods and services provided and to be provided to it by the Landlord pursuant to the terms of this Lease, and that the Tenant also represents that it is and has been represented by legal counsel of its own choosing in executing this waiver with respect to the transaction contained in and covered by this Lease.
(c) Pursuant to the foregoing stipulations, Tenant waives all of the provisions of the DTPA, except the provisions of Section 17.555 thereof, with respect to this Lease and this transaction (including all negotiations and representations related thereto whether made prior to the execution hereof, simultaneously with the execution hereof and during the performance of the terms of this Lease). LANDLORD: OMNI CAPITAL CORPORATION By: /s/ C.W. XXXXXX -------------------------------- C.W. Xxxxxx, Xxesident TENANT: HASTINGS BOOKS, MUSIC & VIDEO, INC. By: /s/ JOHN X. XXXXXXXXX -------------------------------- John X. Xxxxxxxxx, Xxesident
Waiver of DTPA. BUYER HEREBY WAIVES ITS RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT, SECTION 17.41 ET SEQ. OF THE TEXAS BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF XXXXX’S OWN SELECTION, BUYER VOLUNTARILY CONSENTS TO THIS WAIVER.
Waiver of DTPA. 14 -ii- 4 WAREHOUSE LEASE AGREEMENT TERMS AND DEFINITIONS Date: August 3, 1994 Landlord: Omni Capital Corporation Landlord's Address: 1715 Xxxx 00xx Xxxxxxxx, Xxxxx 00000 Xxnant: Hastings Books, Music & Video, Inc., a Texas corporation Tenant's Address: P.O. Xxx 00000 Xxxxxxxx, Xxxxx 00000-0000 Xxnant's Trade Name: Hastings Premises: Approximately 100,000 square feet in the Shopping Center. The Premises are outlined in red on Exhibit "A". The address of the Premises is ______________________________.
Waiver of DTPA. 17 EXHIBIT "A" - Site Plan EXHIBIT "B" - Legal Description 5 OFFICE LEASE AGREEMENT TERMS AND DEFINITIONS DATE: August 3, 1994 LANDLORD: Omni Capital Corporation LANDLORD'S ADDRESS: 1715 Xxxx 00xx Xxxxxxxx, Xxxxx 00000 XXNANT: Hastings Books, Music & Video, Inc., a Texas corporation TENANT'S ADDRESS: P.O. Xxx 00000 Xxxxxxxx, Xxxxx 00000-0000 XXNANT'S TRADE NAME: Hastings PREMISES: Approximately 33,000 square feet in the Shopping Center. The Premises are outlined in red on Exhibit "A." The address of the Premises is _________________________ .
Waiver of DTPA. On advice of legal counsel, each of Landlord and Tenant hereby waives the provisions of Subchapter E, Chapter 17, Title 2, Texas Business and Commerce Code, ss.17.41 et seq., other than ss.17.555 thereof.
Waiver of DTPA. Buyer hereby waives the applicability of the Texas Deceptive Trade Practices - Consumer Protection Act, Tex. Bus. & Xxx. §17.41 et seq. (Xxxxxx 1987 and Supp. 1994) (the “DTPA”) to this transaction and any and all duties, rights or remedies that might be imposed by the DTPA; provided, however, Buyer does not waive Section 17.555 of the DTPA. Buyer expressly recognizes that the price for which the Xxxxx-Xxxx Parties have agreed to sell the Membership Interests and perform its obligations under this Agreement has been predicated upon the inapplicability of the DTPA and this waiver of the DTPA. Buyer further recognizes that the Xxxxx-Xxxx Parties, in determining to proceed with the entering into of this Agreement have expressly relied on the provisions of this Section 8.08.
Waiver of DTPA. Each Borrower waives all provisions of the Texas Deceptive Trade Practices-Consumer Protection Act, Texas Business and Commerce Code Section 17.41, et seq. ("DTPA"), other than Section 17.555 (pertaining to contribution and indemnity) of the DPTA, and warrants and represents that it (i) has assets having a value of $5,000,000 or more, (ii) has knowledge and experience in financial and business matters that enable it to evaluate the merits and risks of the transactions contemplated by this Agreement and the other Loan Documents, (iii) is not in a significantly disparate bargaining position relative to Agent and Lenders and (iv) has been represented by legal counsel in connection with the transactions contemplated by this Agreement and the other Loan Documents.
Waiver of DTPA. It is the intent of the parties that Buyer's rights and remedies with respect to this transaction and with respect to all acts or practices of Seller, past, present or future, in connection with this transaction shall be governed by legal principles other than the Texas Deceptive Trade Practices - Consumer Protection Act, Tex. Bus. & Ann. xx.17.41 et seq. (Vernxx 0007 and Supp. 1994) (the "DTPA") or any similar statute of any jurisdiction that may be applicable to the transactions contemplated hereby. As such, Buyer hereby waives the applicability of the DTPA or any similar statute to this transaction and any and all duties, rights or remedies that might be imposed by the DTPA or any similar statute; provided, however, Buyer does not waive Section 17.555 of the DTPA. Buyer acknowledges, represents and warrants that it is purchasing the assets covered by this Agreement for commercial or business matters; that it is able to evaluate the merits and risks of a transaction such as this; and that it is not in a significantly disparate bargaining position with Seller. Buyer expressly recognizes that the price for which Seller has agreed to sell the assets and perform its obligations under this Agreement has been predicated upon the inapplicability of the DTPA or any similar statute and this waiver of the DTPA and any similar statute. Buyer further recognizes that Seller, in determining to proceed with the entering into of this Agreement has expressly relied on the provisions of this Section 8.08.
Waiver of DTPA. Buyer hereby expressly waives the provisions of the Texas Deceptive Trade Practices Act, Chapter 17, Subchapter E, Sections 17.41 through 17.63, inclusive, of the Texas Business and Commerce Code, a law that gives consumers special rights and protections. Buyer has voluntarily consented to this waiver after consultation with an attorney of Buyer’s own selection. To evidence its ability to grant such waiver, Buyer represents to Seller that (i) it is not in a significantly disparate bargaining position (ii) it is represented by legal counsel in entering into this Agreement and (iii) such legal counsel was not directly or indirectly identified, suggested, or selected by Seller or an agent of Seller.
