Common use of Waivers of Deceptive Trade Practices Act Clause in Contracts

Waivers of Deceptive Trade Practices Act. Purchaser acknowledges and agrees, on its own behalf and on behalf of its assigns and successors, that the Texas Deceptive Trade Practices — Consumer Protection Act, Subchapter E of Chapter 17 of the Texas Business and Commerce Code (the “DTPA”), is not applicable to this transaction. Accordingly, Purchaser’s rights and remedies with respect to this transaction, and with respect to all acts or practices of the other, past, present or future, in connection with this transaction, shall be governed by legal principles other than the DTPA. In furtherance thereof, Purchaser agrees as follows: (a) Purchaser represents that it is a business consumer and that it seeks to acquire by purchase or lease the goods or services that are the subject of this Agreement for commercial or business use. Purchaser further represents that it has knowledge and experience in financial and business matters that enable it to evaluate the merits and risks of the business transaction that is the subject of this Agreement. Purchaser also represents that it is not in a significantly disparate bargaining position in relation to Seller. (b) Purchaser represents that it has been represented by legal counsel in seeking or acquiring the goods or services that are the subject of this Agreement and that the transaction contemplated by this Agreement does not involve the purchase or lease of a family residence occupied or to be occupied as the residence of Purchaser. Purchaser shall cause its legal counsel to sign this Agreement in the space provided below for the purpose of complying with Section 17.42(a)(3) of the DTPA. (c) Purchaser agrees, on its own behalf and on behalf of its assigns and successors, that all of its rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies resulting from or arising out of any and all acts or practices of Seller in connection with this transaction, whether such acts or practices occur before or after the execution of this Agreement; provided, however, notwithstanding anything to the contrary herein, in accordance with Section 17.42 of the DTPA, Purchaser does not waive Section 17.555 of the DTPA.

Waivers of Deceptive Trade Practices Act. Purchaser acknowledges and agrees, on its own behalf and on behalf of its assigns and successors, that the Texas Deceptive Trade Practices — Consumer Protection Act, Subchapter E of Chapter 17 of the Texas Business and Commerce Code (the “"DTPA”"), is not applicable to this transaction. Accordingly, Purchaser’s 's rights and remedies with respect to this transaction, and with respect to all acts or practices of the other, past, present or future, in connection with this transaction, shall be governed by legal principles other than the DTPA. In furtherance thereof, Purchaser agrees as follows: (a) Purchaser represents that it is a business consumer and that it seeks to acquire by purchase or lease the goods or services that are the subject of this Agreement for commercial or business use. Purchaser further represents that it has knowledge and experience in financial and business matters that enable it to evaluate the merits and risks of the business transaction that is the subject of this Agreement. Purchaser also represents that it is not in a significantly disparate bargaining position in relation to Seller. (b) Purchaser represents that it has been represented by legal counsel in seeking or acquiring the goods or services that are the subject of this Agreement and that the transaction contemplated by this Agreement does not involve the purchase or lease of a family residence occupied or to be occupied as the residence of Purchaser. Purchaser shall cause its legal counsel to sign this Agreement in the space provided below for the purpose of complying with Section 17.42(a)(3) of the DTPA. (c) Purchaser agrees, on its own behalf and on behalf of its assigns and successors, that all of its rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies resulting from or arising out of any and all acts or practices of Seller in connection with this transaction, whether such acts or practices occur before or after the execution of this Agreement; provided, however, notwithstanding anything to the contrary herein, in accordance with Section 17.42 of the DTPA, Purchaser does not waive Section 17.555 of the DTPA.

Waivers of Deceptive Trade Practices Act. Purchaser Buyer acknowledges and agrees, on its own behalf and on behalf of its assigns and successors, that the Texas Deceptive Trade Practices — -- Consumer Protection Act, Subchapter E of Chapter 17 of the Texas Business and Commerce Code (the “"DTPA”"), is not applicable to the transactions contemplated by this transactionAgreement. Accordingly, Purchaser’s Buyer's rights and remedies with respect to this transactionthese transactions, and with respect to all other acts or practices of the otherpractices, past, present or future, in connection with this transactionthese transactions, shall be governed by legal principles other than the DTPA. In furtherance thereof, Purchaser Buyer agrees as follows: (a) Purchaser Buyer represents that it is a business consumer and that it seeks to acquire by purchase or lease the goods or services that are the subject of this Agreement for commercial or business use. Purchaser Buyer further represents that it has knowledge and experience in financial and business matters that enable enables it to evaluate the merits and risks of the business transaction transactions that is are the subject of this Agreement. Purchaser Buyer also represents that it is not in a significantly disparate bargaining position in relation to Seller. (b) Purchaser Buyer represents that Buyer has assets of Five Million Dollars ($5,000,000.00) or more. (c) Buyer represents that it has been represented by legal counsel in seeking or acquiring the goods or services that are the subject of this Agreement and that the transaction transactions contemplated by this Agreement does do not involve the purchase or lease of a family residence occupied or to be occupied as the residence of PurchaserBuyer. Purchaser Buyer shall cause its legal counsel to sign this Agreement in the space provided below for the purpose of complying with Section 17.42(a)(3) of the DTPA. (cd) Purchaser Buyer agrees, on its own behalf and on behalf of its assigns and successors, that all of its rights and remedies under the DTPA are WAIVED AND RELEASEDwaived and released, including specifically, without limitation, all rights and remedies resulting from or arising out of any and all acts or practices of Seller in connection with the transactions contemplated by this transactionAgreement, whether such acts or practices occur before or after the execution of this Agreement; provided, however, notwithstanding anything to the contrary herein, in accordance with Section 17.42 of the DTPA, Purchaser Buyer does not waive Section 17.555 of the DTPA.

Waivers of Deceptive Trade Practices Act. Purchaser acknowledges and agrees, on its own behalf and on behalf of its assigns and successors, that the Texas Deceptive Trade Practices — Consumer Protection Act, Subchapter E of Chapter 17 of the Texas Business and Commerce Code (the “DTPA”), is not applicable to this transaction. Accordingly, Purchaser’s rights and remedies with respect to this transaction, and with respect to all acts or practices of the other, past, present or future, in connection with this transaction, shall be governed by legal principles other than the DTPA. In furtherance thereof, Purchaser agrees as follows: (a) Purchaser represents that it is a business consumer and that it seeks to acquire by purchase or lease the goods or services that are the subject of this Agreement for commercial or business use. Purchaser further represents that it has knowledge and experience in financial and business matters that enable it to evaluate the merits and risks of the business transaction that is the subject of this Agreement. Purchaser also represents that it is not in a significantly disparate bargaining position in relation to Seller. (b) Purchaser represents that it has been represented by legal counsel in seeking or acquiring the goods or services that are the subject of this Agreement and that the transaction contemplated by this Agreement does not involve the purchase or lease of a family residence occupied or to be occupied as the residence of Purchaser. Purchaser shall cause its legal counsel to sign this Agreement in the space provided below for the purpose of complying with Section 17.42(a)(3) of the DTPA. (c) Purchaser agrees, on its own behalf and on behalf of its assigns and successors, that all of its rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies resulting from or arising out of any and all acts or practices of Seller in connection with this transaction, whether such acts or practices occur before or after the execution of this Agreement; provided, however, notwithstanding anything to PURCHASE AGREEMENT BHDOCS 089930.000022 603549929.9 Purchase and Sale Agreement - Beacon/Energy (Xxxxxxx) the contrary herein, in accordance with Section 17.42 of the DTPA, Purchaser does not waive Section 17.555 of the DTPA.

Waivers of Deceptive Trade Practices Act. Purchaser Buyer acknowledges and agrees, on its own behalf and on behalf of its assigns and successors, that the Texas Deceptive Trade Practices — Practices--Consumer Protection Act, Subchapter E of Chapter 17 of the Texas Business and Commerce Code (the “"DTPA”"), is not applicable to the transactions contemplated by this transactionAgreement. Accordingly, Purchaser’s Buyer's rights and remedies with respect to this transactionthese transactions, and with respect to all other acts or practices of the otherpractices, past, present or future, in connection with this transactionthese transactions, shall be governed by legal principles other than the DTPA. In furtherance thereof, Purchaser Buyer agrees as follows: (a) Purchaser Buyer represents that it is a business consumer and that it seeks to acquire by purchase or lease the goods or services that are the subject of this Agreement for commercial or business use. Purchaser Buyer further represents that it has knowledge and experience in financial and business matters that enable enables it to evaluate the merits and risks of the business transaction transactions that is are the subject of this Agreement. Purchaser Buyer also represents that it is not in a significantly disparate bargaining position in relation to Seller. (b) Purchaser Buyer represents that Buyer has assets of Five Million Dollars ($5,000,000.00) or more. (c) Buyer represents that it has been represented by legal counsel in seeking or acquiring the goods or services that are the subject of this Agreement and that the transaction transactions contemplated by this Agreement does do not involve the purchase or lease of a family residence occupied or to be occupied as the residence of PurchaserBuyer. Purchaser Buyer shall cause its legal counsel to sign this Agreement in the space provided below for the purpose of complying with Section 17.42(a)(3) of the DTPA. (cd) Purchaser Buyer agrees, on its own behalf and on behalf of its assigns and successors, that all of its rights and remedies under the DTPA are WAIVED AND RELEASEDwaived and released, including specifically, without limitation, all rights and remedies resulting from or arising out of any and all acts or practices of Seller in connection with the transactions contemplated by this transactionAgreement, whether such acts or practices occur before or after the execution of this Agreement; provided, however, notwithstanding anything to the contrary herein, in accordance with Section 17.42 of the DTPA, Purchaser Buyer does not waive Section 17.555 of the DTPA.

Waivers of Deceptive Trade Practices Act. Purchaser acknowledges and agrees, on its own behalf and on behalf of its assigns and successors, that the Texas Deceptive Trade Practices — - Consumer Protection Act, Subchapter E of Chapter 17 of the Texas Business and Commerce Code (the “"DTPA”"), is not applicable to this transaction. Accordingly, Purchaser’s 's rights and remedies with respect to this transaction, and with respect to all acts or practices of the other, past, present or future, in connection with this transaction, shall will be governed by legal principles other than the DTPA. In furtherance thereof, Purchaser agrees as follows: (a) Purchaser represents that it Purchaser is a business consumer and that it Purchaser seeks to acquire by purchase or lease the goods or services that are the subject of this Agreement for commercial or business use. Purchaser further represents that it Purchaser has knowledge and experience in financial and business matters that enable it Purchaser to evaluate the merits and risks of the business transaction that is the subject of this Agreement. Purchaser also represents that it Purchaser is not in a significantly disparate bargaining position in relation to Seller. (b) Purchaser represents that it Purchaser has been represented by legal counsel in seeking or acquiring the goods or services that are the subject of this Agreement and that the transaction contemplated by this Agreement does not involve the purchase or lease of a family residence occupied or to be occupied as the residence of Purchaser. Purchaser shall cause its legal counsel to sign this Agreement in the space provided below for the purpose of complying evidencing compliance with Section 17.42(a)(3) 17.42 of the DTPA. (c) Purchaser agreesWAIVER OF CONSUMER RIGHTS. PURCHASER HEREBY WAIVES PURCHASER'S RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT, on its own behalf and on behalf of its assigns and successorsSECTION 17.41 ET SEQ., that all of its rights and remedies under the DTPA are WAIVED BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND RELEASEDPROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF PURCHASER'S OWN SELECTION, including specifically, without limitation, all rights and remedies resulting from or arising out of any and all acts or practices of Seller in connection with this transaction, whether such acts or practices occur before or after the execution of this Agreement; provided, however, notwithstanding anything to the contrary herein, in accordance with Section 17.42 of the DTPA, Purchaser does not waive Section 17.555 of the DTPAPURCHASER VOLUNTARILY CONSENTS TO THIS WAIVER.

Waivers of Deceptive Trade Practices Act. Purchaser acknowledges and agrees, on its own behalf and on behalf of its assigns and successors, that the Texas Deceptive Trade Practices — Consumer Protection Act, Subchapter E of Chapter 17 of the Texas Business and Commerce Code (the “DTPA”), is not applicable to this transaction. Accordingly, Purchaser’s rights and remedies with respect to this transaction, and with respect to all acts or practices of the other, past, present or future, in connection with this transaction, shall be governed by legal principles other than the DTPA. In furtherance thereof, Purchaser agrees as follows: (a) : Purchaser represents that it is a business consumer and that it seeks to acquire by purchase or lease the goods or services that are the subject of this Agreement for commercial or business use. Purchaser further represents that it has knowledge and experience in financial and business matters that enable it to evaluate the merits and risks of the business transaction that is the subject of this Agreement. Purchaser also represents that it is not in a significantly disparate bargaining position in relation to Seller. (b) . Purchaser represents that it has been represented by legal counsel in seeking or acquiring the goods or services that are the subject of this Agreement and that the transaction contemplated by this Agreement does not involve the purchase or lease of a family residence occupied or to be occupied as the residence of Purchaser. Purchaser shall cause its legal counsel to sign this Agreement in the space provided below for the purpose of complying with Section 17.42(a)(3) of the DTPA. (c) . Purchaser agrees, on its own behalf and on behalf of its assigns and successors, that all of its rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies resulting from or arising out of any and all acts or practices of Seller in connection with this transaction, whether such acts or practices occur before or after the execution of this Agreement; provided, however, notwithstanding anything to the contrary herein, in accordance with Section 17.42 of the DTPA, Purchaser does not waive Section 17.555 of the DTPA.. 8.4 Effect and Survival of Disclaimers. Sellers have informed Purchaser that the compensation to be paid to Sellers for the Property has been decreased to take into account that the Property is being sold subject to the provisions of this Article VIII. Sellers and Purchaser agree that the provisions of this Article VIII shall survive Closing. ARTICLE IX MISCELLANEOUS