Common use of Waiver of DTPA Clause in Contracts

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. (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. (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 -------------------------------- XXXXX ------------------------------------ C.W. XxxxxxXxxxx, Xxesident -14- 18 TENANT: HASTINGS BOOKS, MUSIC & VIDEO, INC. By: /s/ JOHN X. XXXXXXXXX -------------------------------- ------------------------------------ John X. Xxxxxxxxx, XxesidentXxesident Sprouse, Mozola, Smitx & Xowlxx, X.C. has executed this Warehouse Lease Agreement to acknowledge that it has represented Hastings Books, Music & Video, Inc. in connection with the waiver contained in Paragraph D(18). SPROUSE, MOZOLA, SMITX & XOWLXX, X.C. By: /s/ R. WAYNX XXXXX ------------------------------------ R. Waynx Xxxxx This Amendment to Warehouse Lease Agreement (the "Amendment") is entered into this 23rd day of January, 1995, by and between Omni Capital Corporation, a Texas corporation ("Omni"), and Hastings Books, Music & Video, Inc., a Texas corporation ("Hastings").