Waiver of Implied Warranties Sample Clauses

Waiver of Implied Warranties. The express warranties set forth in this Agreement (including Warranties) are exclusive and the Parties hereby disclaim, and Owner hereby waives any and all warranties implied under Applicable Law (including the governing law specified in Section 21.9), including the implied warranty of merchantability and implied warranty of fitness for a particular purpose.

Waiver of Implied Warranties. EXCEPT FOR ANY EXPRESS WARRANTIES UNDER THIS AGREEMENT (INCLUDING THE WARRANTIES), THE PARTIES HEREBY DISCLAIM ANY AND ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

Waiver of Implied Warranties. All vehicles are used, off-lease or off-balloon vehicles and are sold AS IS, without express warranties regarding the quality, condition, accuracy of mileage, or any other physical aspect of the vehicles. Except as prohibited by law, ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. All sales are final. Notwithstanding the foregoing, purchasing Dealer (other than the grounding Dealer) may initiate an arbitration, pursuant to the terms on the Website.

Waiver of Implied Warranties. Except for any express warranties under this Agreement, the Parties hereby disclaim any and all other warranties, including the implied warranty of merchantability and implied warranty of fitness for a particular purpose.

Waiver of Implied Warranties. WITH RESPECT TO DEMISED PROPERTY LOCATED IN LOUISIANA AND WITHOUT LIMITING ANY OF THE OTHER WAIVERS OR RELEASES SET OUT IN THIS LEASE, TENANT HEREBY (i) ACCEPTS THE DEMISED PROPERTY AND ALL OF ITS PARTS (INCLUDING, WITHOUT LIMITATION, ALL FIXTURES, GLASS, WALLS, HEATING, VENTILATION AND AIR CONDITIONING EQUIPMENT, AND ALL OTHER MECHANICAL SYSTEMS) IN ITS CONDITION ON THE COMMENCEMENT DATE AND AGREES THAT THIS CONDITION IS SUITABLE FOR TENANT’S INTENDED USE; (ii) ASSUMES ALL RESPONSIBILITY FOR THE CONDITION OF THE DEMISED PROPERTY THROUGHOUT THE TERM AND AGREES TO PERFORM ALL MAINTENANCE, REPAIRS AND REPLACEMENTS THAT BECOME NECESSARY DURING THE TERM TO KEEP THE DEMISED PROPERTY AND ALL OF ITS PARTS IN A CONDITION SAFE AND SUITABLE FOR TENANT’S INTENDED USE; (iii) WAIVES ANY OBLIGATION ON LANDLORD’S PART TO KEEP THE DEMISED PROPERTY SAFE AND IN A CONDITION SUITABLE FOR TENANT’S INTENDED USE; AND (iv) WAIVES ALL REPRESENTATIONS AND WARRANTIES ON THE PART OF LANDLORD, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES AS TO ENVIRONMENTAL CONDITIONS OR HAZARDOUS MATERIALS AND ALL WARRANTIES THAT THE DEMISED PROPERTY IS FREE FROM DEFECTS OR DEFICIENCIES, WHETHER LATENT OR PATENT, ALL WARRANTIES THAT THE DEMISED PROPERTY IS SUITABLE FOR TENANT’S USE, AND ALL WARRANTIES UNDER LA. CIV. CODE ARTS. 2682(2), 2684, 2691, AND 2696-2699 OR ANY OTHER PROVISION OF LOUISIANA LAW, TO THE FULLEST EXTENT PERMITTED BY LOUISIANA LAW.

Waiver of Implied Warranties. Except for any express warranties under this Agreement (including the Warranties), the Parties hereby (i) disclaim any and all other warranties, including the implied warranty of merchantability and implied warranty of fitness for a particular purpose, and (ii) waive the equitable remedy of rescission available under the law for a breach of warranty or a claim for Defective Work (but such waiver shall not affect any of Owner’s rights under this Agreement, including termination pursuant to Article 16). The Parties agree that after Substantial Completion of the applicable Train, the remedies set forth in this ARTICLE 12 shall be the Owner’s sole and exclusive remedy for a breach of warranty or any other claim for Defective Work related to such Train, whether based in contract, tort (including negligence and strict liability) or otherwise, provided that this shall not limit Contractor’s obligations to achieve the Performance Guarantees, Contractor’s Punchlist obligations, Contractor’s indemnity obligations under this Agreement, or the Owner’s rights to withhold or draw on the letter of credit under this Agreement with respect to such Train.

Waiver of Implied Warranties. TENANT HEREBY AGREES, AS A MATERIAL PART OF THE CONSIDERATION FOR LANDLORD’S ENTERING INTO THIS LEASE, THAT EXCEPT AS EXPRESSLY PROVIDED IN SECTION 2.2, LANDLORD HAS MADE NO WARRANTIES TO TENANT (OR ANY OF TENANT’S EMPLOYEES OR AGENTS) REGARDING THE CONDITION OF THE PREMISES, EITHER EXPRESS OR IMPLIED, AND LANDLORD HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY (INCLUDING ANY IMPLIED WARRANTY) THAT THE PREMISES ARE OR WILL BE SUITABLE FOR TENANT’S INTENDED USE THEREOF. TENANT AGREES THAT TENANT’S OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, BUT THAT TENANT WILL CONTINUE TO PAY RENT WHEN DUE HEREUNDER, WITHOUT ABATEMENT, SET-OFF OR DEDUCTION, EXCEPT AS OTHERWISE PROVIDED IN SECTION 7.1, 8.2, 9.4, 25.24, NOTWITHSTANDING ANY BREACH OR ALLEGED BREACH BY LANDLORD OF ANY OF ITS EXPRESS OBLIGATIONS UNDERTAKEN IN THIS LEASE.

Waiver of Implied Warranties. THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT (INCLUDING WARRANTIES) ARE EXCLUSIVE AND THE PARTIES HEREBY DISCLAIM, AND OWNER HEREBY WAIVES ANY AND ALL WARRANTIES IMPLIED UNDER APPLICABLE LAW (INCLUDING THE GOVERNING LAW SPECIFIED IN SECTION 21.9), INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

Waiver of Implied Warranties. AND RELINQUISHMENT OF CLAIMS

Waiver of Implied Warranties. Having had the opportunity to inspect the Unit prior to signing this Agreement, Purchaser hereby waives any and all implied warranties, including, without limitation, any warranties that the Unit is free from faulty materials, constructed according to sound engineering standards, constructed in a workmanlike manner, and fit for habitation. Purchaser acknowledges and agrees that the Limited Warranty is the only warranty given with respect to the Unit, provided, however, that the foregoing waiver of implied warranties shall be valid notwithstanding any contrary provisions in the Limited Warranty certificate now or hereafter provided to Purchaser and/or executed by Purchaser or Seller.