Common use of ADDITIONAL DISCLAIMERS Clause in Contracts

ADDITIONAL DISCLAIMERS. Online bidding is provided on an “as is, where is, as available, and with all faults and limitations” basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose or use, are made with respect to the online bidding platform or any information or software therein. You acknowledge and agree that specific performance is not an available remedy for any alleged breach of this Agreement. The Auctioneer will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure. The Auctioneer will not be liable for any damages or injury, including but not limited to special or consequential damages that result from the use of, or the inability to use, the Website, the materials on the Website, or the online bidding platform even if there is negligence on the part of the Auctioneer or its representatives, or the Auctioneer or an authorized Auctioneer representative has been advised of the possibility of such damages, or both. The above limitations or exclusions may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, in which event the Auctioneer's liability to you for losses, damages and causes of action (in contract or tort, including without limitation negligence, or otherwise) will not be greater than $1,500. Upon registering as a Bidder and bidding during the Auction, each Bidder shall be deemed to represent, warrant and agree that with respect to each Property it bids upon: (a) that such Bidder has examined, or has had the opportunity to examine, the Property and is familiar with the physical and legal condition thereof and has conducted such investigation of the Property as the Bidder has considered appropriate; (b) neither Auctioneer, nor any affiliate, agent, director, officer, employee or representative of Auctioneer, has made any verbal or written representations, warranties, promises or guarantees whatsoever to the Bidder, expressed or implied, and in particular, that no such representations, warranties, guarantees, or promises have been made with respect to the physical condition, operation, legal condition, or any other matter or thing affecting or related to the Property and/or the offering or sale of the Property; (c) Bidder has not relied upon any representations, warranties, guarantees or promises or upon any statements made or any information provided concerning the Property, including but not limited to online at the Auction Website or the information provided or made available by Auctioneer or Auctioneer's respective agents, directors, officers, employees or representatives; and (d) Bidder has determined to make its bid after having made and relied solely on its own independent investigation, inspection, analysis, appraisal and evaluation of the Property and the facts and circumstances related thereto, including but not limited to, any and all outstanding liens, encumbrances, assessments, dues, fines and/or penalties.

ADDITIONAL DISCLAIMERS. Neither Seller, Seller’s Broker, nor the Auctioneer makes any representations or warranties as to the accuracy or completeness of any information contained online at the Website, in any Auction brochure or brochure available at the Property (if any), or as otherwise made available by the Seller, Seller’s Broker or Auctioneer. All prospective Bidders are required and encouraged to conduct their own due diligence and investigate all matters relating to the Properties that they are interested in purchasing at the Auction. Online bidding is provided on an “as is, where is, as available, and with all faults and limitations” basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose or use, are made with respect to the online bidding platform or any information or software therein. You acknowledge and agree that specific performance is not an available remedy for any alleged breach of this Agreement. The Neither Seller, ▇▇▇▇▇▇'s Broker, nor the Auctioneer will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure. The Neither Seller, Seller's Broker, nor the Auctioneer will not be liable for any damages or injury, including but not limited to special or consequential damages that result from the use of, or the inability to use, the Website, the materials on the Website, or the online bidding platform even if there is negligence on the part of the Auctioneer or its representatives, or the Auctioneer or an authorized Auctioneer representative has been advised of the possibility of such damages, or both. The above limitations or exclusions may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, in which event the Auctioneer's, Seller's or Seller's Broker's liability to you for losses, damages and causes of action (in contract or tort, including without limitation negligence, or otherwise) will not be greater than $1,500the amount you paid to access the Website or bidding platform. Upon registering as a Bidder and bidding during the Auction, each Bidder shall be deemed to represent, warrant and agree that with respect to each Property it bids upon: (a) that such Bidder has examined, or has had the opportunity to examine, the Property and is familiar with the physical and legal condition thereof and has conducted such investigation of the Property as the Bidder has considered appropriate; (b) neither Auctioneer, Seller’s Broker or Seller, nor any affiliateaffiliate, agent, director, officerofficer, employee or representative of Auctioneereither of them, has made any verbal or written representations, warranties, promises or guarantees whatsoever to the Bidder, expressed or implied, and in particular, that no such representations, warranties, guarantees, or promises have been made with respect to the physical condition, operation, legal condition, or any other matter or thing affecting affecting or related to the Property and/or the offering offering, sale or sale lease of the Property; (c) Bidder has not relied upon any representations, warranties, guarantees or promises or upon any statements made or any information provided concerning the Property, including but not limited to online at the Auction Website or the information provided or made available by Auctioneer Auctioneer, Seller’s Broker or Auctioneer's Seller, or their respective agents, directors, officersofficers, employees or representatives; and (d) Bidder has determined to make its bid after having made and relied solely on its own independent investigation, inspection, analysis, appraisal and evaluation of the Property and the facts and circumstances related thereto, including but not limited to, any and all outstanding liens, encumbrances, assessments, dues, fines and/or penalties; and (e) that Bidder has received, agreed to and accepted the Auction Participation Agreement. By registering as a Bidder and bidding during the Auction, each Bidder is automatically deemed to represent, warrant and agree that: (a) any information provided or to be provided by or on behalf of the Seller with respect to the Properties including, without limitation, all information contained online at the Auction Website and in the information being made available to Bidder by Seller, Seller’s Broker and the Auctioneer, was obtained from a variety of sources and that Seller, Seller’s Broker and the Auctioneer have not made any independent investigation or verification of such information, and make no representations as to the accuracy or completeness of such information; (b) without limiting the generality of the foregoing, neither Auctioneer, Seller’s Broker, nor Seller shall be under any obligation to disclose to any Bidder, and shall have no liability for its failure to disclose to any Bidder, any information known to them relating to any Property except as may be required by law, including but not limited to, any and all outstanding liens, encumbrances, assessments, dues, fines and/or penalties; and (c) Seller, Seller’s Broker and the Auctioneer are not liable or bound in any manner by any oral or written statements, representations or information pertaining to the Properties, or the operation thereof, furnished by any real estate broker, agent, employee, servant or other person. The foregoing shall include but is not limited to, except as may be required by law, any and all estimated amounts regarding outstanding liens, encumbrances, assessments, dues, fines, and/or penalties of any kind or any nature. THE MATERIALS SET FORTH ON THE WEBSITE ARE PROVIDED "AS IS" AND “WHERE IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE AUCTIONEER DISCLAIMS ALL WARRANTIES INCLUDING THOSE OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE OR USE. AUCTIONEER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUCTIONEER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION DUE TO YOUR USE OF THE WEBSITE. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. ALL OF THE PROPERTIES WILL BE SOLD BY SELLER, SELLER’S BROKER, AND AUCTIONEER IN AN “AS IS, WHERE IS, AND WITH ALL FAULTS AND LIMITATIONS” CONDITION. ALL BIDDERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT SELLER, SELLER’S BROKER, AND THE AUCTIONEER HAVE NOT MADE, DO NOT MAKE, AND SPECIFICALLY NEGATE AND DISCLAIM ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, CONCERNING OR WITH RESPECT TO THE PROPERTIES. THERE IS NO GUARANTEE OR WARRANTY WHATSOEVER ON THE PROPERTIES IN ACCORDANCE WITH THE CONDITIONS HEREINAFTER DESCRIBED IN THE AUCTION PARTICIPATION AGREEMENT AND AS MAY BE FURTHER DESCRIBED IN THE PURCHASE AGREEMENT. NO SALE OR LEASE WILL BE CONTINGENT UPON INSPECTION OF THE PROPERTY AFTER THE AUCTION UNLESS OTHERWISE SPECIFICALLY PERMITTED BY THE PROPERTY DETAILS PAGE, THE PURCHASE AGREEMENT, OR BY APPLICABLE LAW. NO PROPERTIES WILL BE OPEN FOR INSPECTION OR ACCESS BY THE WINNING BIDDER AFTER THE AUCTION UNTIL CLOSING HAS OCCURRED UNLESS OTHERWISE SET FORTH IN THE PROPERTY DETAILS PAGE OR EXPLICITLY ALLOWED BY APPLICABLE LAW (HOWEVER, WINNING ▇▇▇▇▇▇’S LENDER WILL BE ALLOWED ACCESS TO NON-OCCUPIED PROPERTIES FOR ALL REQUIRED APPRAISALS AND INSPECTIONS). PLEASE BID ACCORDINGLY.