Xxxxx Representations. Each party has had the opportunity to have independent counsel and legal advice of his/her own selection in the negotiation of this Agreement. Each party fully understands the facts and has been fully informed as to his/her legal rights and obligations. 10.Fees and Costs.Each party shall be solely responsible for his/her respective attorney’s fees and costs incurred as a result of the negotiation of this Agreement. However, in the event that either party shall retain or engage an attorney or attorneys to collect or enforce or protect his/her interest with respect to this Agreement, the prevailing party shall be entitled to receive payment of all costs and expenses of such collection, enforcement or protection, including reasonable attorneys’ fees. 00.Xxxx and Voluntary Execution. The parties hereto declare that they have fully read and fully understand the provisions contained in this Agreement and believe this Agreement to be fair, just and reasonable. Each party is signing this Agreement freely and voluntarily, without undue influence, fraud, collusion or misrepresentation, and intend to be bound by it. 12.
Xxxxx Representations. Xxxxx hereby represents and warrants to Buyer ---------------------- that:
Xxxxx Representations. By executing and delivering this Agreement, Xxxx acknowledges that:
Xxxxx Representations. Xxxxx represents and agrees that she: (a) has fully read this Agreement;
Xxxxx Representations. Xxxxx represents to the Company the following:
Xxxxx Representations. Xxxx represents, warrants and agrees to and with the Buyer that: (a) He is an “accredited investor” as that term is defined in 17 CFR Section 230.501 of Regulation D as promulgated by the U.S. Securities and Exchange Commission.
Xxxxx Representations. Xxxxx represents and warrants that it has the right to grant to Hynix and Hynix’s Affiliates the rights and licenses granted hereunder. Xxxxx makes no representation that the manufacture, use or sale of the RFID Circuit will not infringe any other patent owned or controlled by any Third Party, other than that Xxxxx presently knows of no Xxxxx Patents and Mask Work Rights that would so infringe any other patent owned or controlled by any Third Party. Xxxxx shall not be responsible to Hynix or its Affiliates for any damage, spoilage or personal injury resulting from the use of Xxxxx Design Information, Xxxxx Patents And Mask Work Rights, and the RFID Circuit.
Xxxxx Representations. Xx. Xxxx has expressly represented to CardioNet as an inducement to CardioNet to make the Advances that Xx. Xxxx will be using the proceeds for the express purposes described above. CardioNet is specifically relying upon Xx. Xxxx'x representations that neither Xx. Xxxx, nor anyone related to Xx. Xxxx, intends to continue to occupy the Minnesota Residence as a personal residence. Based on these representations and the exemption provided pursuant to 15 U.S.C. §1603(3), the parties acknowledge and agree that this loan transaction is exempted from the Truth in Lending Laws pertaining to consumer residential loans as set forth in 15 U.S.C. §1601 et seq.
Xxxxx Representations x. Xxxxx represents and warrants that as of the date on which Xxxxx signed this Agreement, Xxxxx has not filed any claims, complaints, charges, or lawsuits against any of the Released Parties with any governmental agency or with any state or federal court for or with respect to a matter, claim, or incident, which occurred or arose out of one or more occurrences that took place on or prior to the date on which Hinds signed this Agreement. Xxxxx further represents and warrants that as of the date he signed this Agreement, Xxxxx has made no assignment, sale, delivery, transfer or conveyance of any rights Xxxxx has asserted or may have against any of the Released Parties with respect to any Released Claim.
Xxxxx Representations. To the knowledge of such Series B Holder, the representations and warranties made by Blyth herein (other than the representations and warranties set forth in Section 2.1 and Section 2.2) , insofar as they relate to ViSalus, are not false or incorrect in any material respect.
