Common use of Waiver of Representations and Warranties Clause in Contracts

Waiver of Representations and Warranties. THE EXPRESS REPRESENTATIONS OF SELLER CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF, AND SELLER EXPRESSLY DISCLAIMS AND NEGATES AND BUYER HEREBY WAIVES, ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE QUALITY, QUANTITY OR VOLUME OF THE RESERVES, IF ANY, OF OIL, GAS OR OTHER HYDROCARBONS IN OR UNDER THE LEASEHOLD INTERESTS AND LANDS; AND WITH RESPECT TO THE ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, OF THE PROPERTIES. SELLER DOES NOT MAKE OR PROVIDE, AND BUYER HEREBY WAIVES, ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO SAMPLES. EXCEPT AS PROVIDED HEREIN, SELLER DISCLAIMS AND NEGATES, AND BUYER HEREBY WAIVES, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. THE ITEMS OF PERSONAL PROPERTY, EQUIPMENT, IMPROVEMENTS, FIXTURES AND APPURTENANCES CONVEYED AS PART OF THE PROPERTIES ARE SOLD, AND BUYER ACCEPTS SUCH ITEMS "AS IS, WITH ALL FAULTS". THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. BUYER ACKNOWLEDGES THAT THIS WAIVER IS CONSPICUOUS.

Waiver of Representations and Warranties. THE EXPRESS REPRESENTATIONS OF SELLER GRANTOR CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF, AND SELLER GRANTOR EXPRESSLY DISCLAIMS AND NEGATES AND BUYER GRANTEE HEREBY WAIVES, ANY REPRESENTATION OR WARRANTY WARRANTY, EXPRESS, STATUTORY OR IMPLIED, WITH RESPECT TO (i) TITLE, (ii) THE QUALITY, QUANTITY OR VOLUME OF THE RESERVES, IF ANY, OF OIL, GAS OR OTHER HYDROCARBONS IN OR UNDER THE LEASEHOLD INTERESTS PROPERTIES AND LANDS; AND WITH RESPECT TO (iii) THE ENVIRONMENTAL CONDITIONCONDITION OF THE PROPERTIES, BOTH SURFACE AND SUBSURFACE, OF THE PROPERTIES. SELLER GRANTOR DOES NOT MAKE OR PROVIDE, AND BUYER GRANTEE HEREBY WAIVES, ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR OF CONFORMITY TO SAMPLESMODELS OR SAMPLES OF MATERIALS. EXCEPT AS PROVIDED HEREIN, SELLER GRANTOR DISCLAIMS AND NEGATES, AND BUYER GRANTEE HEREBY WAIVES, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. THE ITEMS OF PERSONAL PROPERTY, EQUIPMENT, IMPROVEMENTS, FIXTURES AND APPURTENANCES CONVEYED AS PART OF THE PROPERTIES ARE SOLD, AND BUYER GRANTEE ACCEPTS SUCH ITEMS "“AS IS, WITH ALL FAULTS". .” THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. BUYER GRANTEE ACKNOWLEDGES THAT THIS WAIVER IS CONSPICUOUS.

Waiver of Representations and Warranties. THE EXPRESS REPRESENTATIONS OF SELLER GRANTORS CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF, AND SELLER GRANTORS EXPRESSLY DISCLAIMS DISCLAIM AND NEGATES NEGATE AND BUYER GRANTEE HEREBY WAIVES, ANY REPRESENTATION OR WARRANTY WARRANTY, EXPRESS, STATUTORY OR IMPLIED, WITH RESPECT TO (i) TITLE, (ii) THE QUALITY, QUANTITY OR VOLUME OF THE RESERVES, IF ANY, OF OIL, GAS OR OTHER HYDROCARBONS IN OR UNDER THE LEASEHOLD INTERESTS PROPERTIES AND LANDS; AND WITH RESPECT TO (iii) THE ENVIRONMENTAL CONDITIONCONDITION OF THE PROPERTIES, BOTH SURFACE AND SUBSURFACE, OF THE PROPERTIES. SELLER DOES GRANTORS DO NOT MAKE OR PROVIDE, AND BUYER GRANTEE HEREBY WAIVES, ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR OF CONFORMITY TO SAMPLESMODELS OR SAMPLES OF MATERIALS. EXCEPT AS PROVIDED HEREIN, SELLER DISCLAIMS GRANTORS DISCLAIM AND NEGATESNEGATE, AND BUYER GRANTEE HEREBY WAIVES, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. THE ITEMS OF PERSONAL PROPERTY, EQUIPMENT, IMPROVEMENTS, FIXTURES AND APPURTENANCES CONVEYED AS PART OF THE PROPERTIES ARE SOLD, AND BUYER GRANTEE ACCEPTS SUCH ITEMS "“AS IS, WITH ALL FAULTS". .” THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. BUYER GRANTEE ACKNOWLEDGES THAT THIS WAIVER IS CONSPICUOUS.

Waiver of Representations and Warranties. THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER SELLERS CONTAINED IN THIS AGREEMENT ARTICLE III AND THE SPECIAL WARRANTY OF TITLE CONTAINED IN THE ASSIGNMENT, ARE EXCLUSIVE AND ARE IN LIEU OF, AND SELLER SELLERS EXPRESSLY DISCLAIMS DISCLAIM AND NEGATES NEGATE AND BUYER EPC HEREBY WAIVES, ANY REPRESENTATION OR WARRANTY WARRANTY, EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE, INCLUDING WITH RESPECT TO: (A) THE QUALITY, ACCURACY, COMPLETENESS OR MATERIALITY OF THE DATA, INFORMATION AND MATERIALS FURNISHED (WHETHER ELECTRONICALLY, ORALLY, BY VIDEO, IN WRITING, IN ANY DATA ROOM OR BY ANY OTHER MEDIUM) AT ANY TIME TO EPC, ITS OFFICERS, AGENTS, EMPLOYEES AND AFFILIATES IN CONNECTION WITH EPC’S INVESTIGATION OF THE NPR PROPERTIES AND ASSUMED LIABILITIES AND THE TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING WITH RESPECT TO TITLE, COSTS, EXPENSES, REVENUES, ACCOUNTS RECEIVABLE AND ACCOUNTS PAYABLE ASSOCIATED WITH THE QUALITYNPR PROPERTIES, QUANTITY THE FINANCIAL VIABILITY OR VOLUME PRODUCTIVITY OF THE RESERVESNPR PROPERTIES, IF ANYTHE ENVIRONMENTAL OR PHYSICAL CONDITION OF THE NPR PROPERTIES AND FEDERAL, OF OILSTATE, GAS LOCAL OR TRIBAL INCOME OR OTHER HYDROCARBONS IN OR UNDER TAX CONSEQUENCES ASSOCIATED WITH THE LEASEHOLD INTERESTS NPR PROPERTIES (ANY AND LANDS; AND WITH RESPECT TO THE ENVIRONMENTAL CONDITION, BOTH SURFACE AND SUBSURFACE, OF THE PROPERTIES. SELLER DOES NOT MAKE OR PROVIDE, AND BUYER HEREBY WAIVES, ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO SAMPLES. EXCEPT AS PROVIDED HEREIN, SELLER DISCLAIMS AND NEGATES, AND BUYER HEREBY WAIVES, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. THE ITEMS OF PERSONAL PROPERTY, EQUIPMENT, IMPROVEMENTS, FIXTURES AND APPURTENANCES CONVEYED AS PART OF THE PROPERTIES ARE SOLD, AND BUYER ACCEPTS SUCH ITEMS "AS IS, WITH ALL FAULTS". THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. BUYER ACKNOWLEDGES THAT THIS WAIVER IS CONSPICUOUS.DATA,