Deceptive Trade Practices. To the extent applicable to the transaction contemplated hereby or any portion thereof, Buyer can and does expressly waive the provisions of the Texas Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Texas Business & Commerce Code, other than Section 17.555, which is not waived, and all other consumer protection laws of the State of Texas, or any other state, applicable to this transaction that may be waived by the parties. In connection with such waiver, Buyer represents to Sellers that they (a) are in the business of seeking or acquiring by purchase or lease, goods or services for commercial or business use, (b) have knowledge and experience in financial and business matters that enable them to evaluate the merits and risks of the transactions contemplated hereby and (c) are not in a significantly disparate bargaining position.
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Sources: Purchase and Sale Agreement (Future Petroleum Corp/Ut/), Purchase and Sale Agreement (Future Petroleum Corp/Ut/)
Deceptive Trade Practices. To the extent applicable to the transaction contemplated hereby or any portion thereof, Buyer Future can and does expressly waive the provisions of the Texas Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Texas Business & Commerce Code, other than Section 17.555, which is not waived, and all other consumer protection laws of the State of Texas, or any other state, applicable to this transaction that may be waived by the parties. In connection with such waiver, Buyer Future hereby represents to Sellers the Bargo Entities that they iβ (aβ) are is in the business of seeking or acquiring by purchase or lease, goods or services for commercial or business use, (b) have has knowledge and experience in financial and business matters that enable them enables it to evaluate the merits and risks of the transactions contemplated hereby and hereby, (c) are is not in a significantly disparate bargaining positionposition and (d) has assets of $5,000,000 or more according to its most recent financial statements.
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