Acknowledgments Warranties and Representations Sample Clauses

The "Acknowledgments, Warranties and Representations" clause serves to formally state what each party affirms to be true and the assurances they provide regarding their authority, capacity, and the facts relevant to the agreement. In practice, this clause may require parties to confirm they have the legal right to enter into the contract, that all information provided is accurate, and that they are not breaching any other agreements by participating. Its core function is to allocate risk and establish a foundation of trust by ensuring that both parties are making informed commitments based on accurate representations.
Acknowledgments Warranties and Representations. Borrower acknowledges, warrants, represents and agrees as follows as of the Execution Date and the Effective Date:
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Acknowledgments Warranties and Representations. Tenant and Management acknowledge, warrant and represent to each other, and each agree that the other may rely, that they each have: (a) READ this Lease Agreement in its entirety and fully understand each and every term and provision hereof, and (b) SIGNED this Lease Agreement freely and voluntarily without interference or coercion from any other party, and intending to be bound by every term and provision hereof. 1. There will be only one(I) check accepted for rent per unit. 2. Management acknowledges the right of Tenant to entertain friends and to have parties and guests, but requires that perfect order and tranquility prevail. Tenant, members of Tenants family and guests at all times maintain order in the unit and at all places on the premises, and shall not make or permit any loud, improper or boisterous conduct or otherwise disturb the comfort or interrupt the sleep of other Tenants. 3. The driveways, sidewalks, courts, entry passages, stairs and halls shall not be obstructed or used for any purpose other than ingress and egress. Bicycles and such other vehicles shall not be brought into any building nor onto the lawn, nor be allowed to obstruct the driveways, sidewalks, courts, entry passages, stairs or halls. 4. Only Tenants, their families and invited guests, accompanied by Tenants (Only TWO guests per unit), may use the swimming pool and other recreational and club facilities, if any, provided by Management, either on or off premises. All such facilities may be used by such persons only in strict compliance with the supplemental rule and regulations from time to time adopted by MANAGEMENT with respect to each of said facilities. 5. Management will NOT BE RESPONSIBLE for stopped up drain lines. 6. The tenant is responsible for stopped up sinks, lavatories. toilets and bathtubs. Sweepings, rubbish, rags, ashes, sanitary napkins, tampons, or other foreign substances shall not be thrown therein. Any damage to such apparatus and the cost of cleaning plumbing resulting from misuse shall be borne by Tenant, and Tenant is also responsible for preventing the plumbing fixtures and pipes from freezing by taking precautions such as, but not limited to, keeping the premises sufficiently warm to prevent freezing and dripping faucets. 7. ALL calls for service made by the tenant that prove to be a problem or fault of the tenant or improper use of the equipment will be charged to the tenant's rent. 8. Windows and doors shall not be obstructed or covered. Nothing s...
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Acknowledgments Warranties and Representations. Borrower and Maryland Loan Guarantor (as applicable) acknowledge, warrant, represent and agree as follows as of the Execution Date and the Effective Date:
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Acknowledgments Warranties and Representations. Licensee and Licensor acknowledge and agree to the following: A. Each and every material System Requirement is essential to maintaining the exceptional quality and customer service associated with the System, and to enhancing the public acceptance of and demand for the Hotel and System Hotels as a luxury system of hotels. B. Licensor, at its discretion, may enter into agreements with Persons for the operation of other System Hotels, which agreements may contain provisions which vary materially from this Agreement's Provisions without any liability or obligation to Licensee whatsoever, provided that the overall Image of the System is maintained. C. Because complete uniformity under various market circumstances may not always be possible or desirable, except as set forth in this Agreement, Licensor, at its discretion may vary System Requirements for other System Hotels based upon local conditions, law or other circumstances, provided the overall Image of the System Hotels is maintained, without any liability or obligation to Licensee whatsoever. D. Unless specifically stated otherwise, this Agreement and the relationship between the parties includes everything with respect to, relating to, arising out of, in connection with, and pursuant to it, whether or not such phrases are used. The presence or absence of the phrases does not expand or limit this frame of reference. Licensee represents and warrants the following: E. It has fee title or leasehold title to the Hotel or will acquire same prior to the Opening Date without any restrictions that would interfere with its performance in any material respect, subject to all other restrictions, covenants and conditions covering the Property. F. It has conducted its own investigation of all of the financial requirements, the economics, the business and legal risks with respect to the hotel business in general and of owning and operating a System Hotel in particular. G. Licensee is duly authorized to do business and is in good standing as a Nevada limited partnership and has full power to perform all its obligations hereunder. Licensee has taken all steps and has made all filings to the extent required under the laws of Nevada to enable it to perform all of its obligations hereunder. Licensor represents and warrants the following: H. Licensor's Affiliate is the sole owner of the Registered Marks and has given Licensor the right to use the Marks and to license others to use them in connection with the operation of lux...
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Acknowledgments Warranties and Representations. As a material inducement to Lender to enter into this Agreement and to consent to the Requested Actions, Borrower acknowledges, warrants, represents and agrees to and with Lender as follows:
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Acknowledgments Warranties and Representations 
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Related to Acknowledgments Warranties and Representations

  • Warranties and Representations 9.3.1 The Supplier warrants and represents that:- (a) it has full capacity and authority and all necessary consents (including where its procedures so require, the consent of its Parent Company) to enter into and perform its obligations under the Contract; (b) the Contract is executed by a duly authorised representative of the Supplier; (c) in entering the Contract it has not committed any Fraud; (d) as at the Commencement Date, all information, statements and representations contained in the Tender for the Services are true, accurate and not misleading save as may have been specifically disclosed in writing to the Authority prior to execution of the Contract and it will advise the Authority of any fact, matter or circumstance of which it may become aware which would render any such information, statement or representation to be false or misleading; (e) no claim is being asserted and no litigation, arbitration or administrative proceeding is presently in progress or, to the best of its knowledge and belief, pending or threatened against it or its assets which will or might affect its ability to perform its obligations under the Contract; (f) it is not subject to any contractual obligation, compliance with which is likely to have an adverse effect on its ability to perform its obligations under the Contract; (g) no proceedings or other steps have been taken and not discharged (nor, to the best of its knowledge, are threatened) for the winding up of the Supplier or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in relation to any of the Supplier’s assets or revenue; (h) it owns, has obtained or is able to obtain valid licences for all Intellectual Property Rights that are necessary for the performance of its obligations under the Contract; (i) the Services shall be provided and carried out by appropriately experienced, qualified and trained Staff with all due skill, care and diligence; (j) in the three (3) years prior to the date of the Contract: (i) it has conducted all financial accounting and reporting activities in compliance in all material respects with the generally accepted accounting principles that apply to it in any country where it files accounts; (ii) it has been in full compliance with all applicable securities and tax laws and regulations in the jurisdiction in which it is established; and (k) it has not done or omitted to do anything which could have an adverse effect on its assets, financial condition or position as an ongoing business concern or its ability to fulfil its obligations under the Contract.

  • WARRANTIES AND REPRESENTATION 34.1 Neither of the Parties will be bound by any express or implied term, representation, warranty, promise or the like, not recorded herein.

  • Seller’s Warranties and Representations The matters set forth in this Section 11.1 constitute representations and warranties by Seller which are now and (subject to matters contained in any notice given pursuant to the next succeeding sentence) shall, in all material respects, at the Closing be true and correct. If Seller learns of, or has a reason to believe that any of the representations and warranties contained in this Article 11 may cease to be true and correct, Seller shall give prompt notice to Purchaser (which notice shall include copies of the instrument, correspondence, or document, if any, upon which Seller’s notice is based) and, in such event, Purchaser may terminate this Agreement, upon written notice to Seller, without recourse against Seller; provided, however; Seller cannot act voluntary in a manner which would cause a representation and warranty to become materially incorrect or inaccurate. As used in this Section 11.1, the phrase “to the extent of Seller’s actual knowledge” shall mean the actual current knowledge of ▇▇▇▇ ▇▇▇▇▇▇▇, with respect to water and sewage issues only, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇ whom Seller represents to be the representatives of Seller having the responsibility for the management and sale of the Golf Course and accordingly the individuals responsible for being informed of matters relevant to this Agreement. There shall be no duty imposed or implied to investigate, inspect, or audit any such matters, and there shall be no imputed or personal liability on the part of such individuals. To the extent Purchaser has or acquires actual knowledge prior to the Closing Date that these representations and warranties are inaccurate, untrue or incorrect in any way, Purchaser may proceed to Closing without reduction in the Purchase Price and without recourse against Seller for such misrepresentation, in which even such representation or warranties shall be deemed modified to reflect Purchaser’s actual knowledge.

  • GENERAL WARRANTIES AND REPRESENTATIONS The Borrower warrants and represents to the Agent and the Lenders that except as hereafter disclosed to and accepted by the Agent and the Majority Lenders in writing:

  • Representations, Warranties and Acknowledgments 11.1 Acknowledgments by DB Contractor 11.1.1 To the extent of the Maintenance Services, DB Contractor has full responsibility for the maintenance, repair and upkeep of the Maintained Elements. 11.1.2 DB Contractor assumes, with respect to the Maintained Elements that are within the scope of the Maintenance Services as described in Exhibit 2, the risk of the design and construction of the Project; design defects, omissions, errors or inaccuracies; construction defects and flaws; the materials and supplies used in connection with the construction of the Project; the Work under the Design-Build Contract; and the actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any member of the DB Contractor-Related Entities and acknowledges and agrees that it has incorporated into the Maintenance Price all costs associated with such risks. 11.1.3 DB Contractor shall not be entitled to (a) assert or use the design and construction of the Project; design defects, omissions, errors or inaccuracies; construction defects and flaws; the materials and supplies used in connection with the construction of the Project; the Maintenance Services; and/or the actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any member of the DB Contractor-Related Entities as defenses to the full and complete performance of the Maintenance Services and any other obligation under the CMA Documents; and (b) any Change Order resulting from, related to or arising out of the design and construction of the Project; design defects, omissions, errors or inaccuracies; construction defects and flaws; the materials and supplies used in connection with the construction of the Project; the performance of the Maintenance Services; or the actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any member of the DB Contractor-Related Entities. 11.1.4 Except to the limited extent provided by Section 1.2.4, DB Contractor shall not be entitled to rely on any documents or information provided by TxDOT relating to the design or construction of the Project, including the Reference Information Documents. 11.1.5 TxDOT shall not be responsible or liable in any respect for any Losses suffered by any of the DB Contractor-Related Entities by reason of the design and construction of the Project; design defects, omissions, errors or inaccuracies; construction defects or flaws; the materials and supplies used in connection with the construction of the Project; the Maintenance Services; or the actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any member of the DB Contractor-Related Entities.