Common use of Limitations of Warranties Clause in Contracts

Limitations of Warranties. Lessee acknowledges and agrees that, other than as may be specifically set forth herein, Lessor has not made, does not make and specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (a) the nature, quality or condition of the Leased Premises, including, without limitation, the water, soil and geology, (b) the income to be derived from the Leased Premises, (c) the suitability of the Leased Premises for any and all activities and uses which Lessee may conduct thereon, (d) the compliance of or by the Leased Premises or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, including, without limitation, The Americans with Disabilities Act and any rules and regulations promulgated thereunder or in connection therewith, and The Texas Architectural Barriers Act and any rules and regulations promulgated thereunder or in connection therewith, (e) the habitability, merchantability or fitness for a particular purpose of the Leased Premises, or (f) any other matter with respect to the Leased Premises, and specifically that Lessor has not made, does not make and specifically disclaims any representations regarding solid waste, as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, or the disposal or existence, in or on the Leased Premises, of any hazardous substance, as defined by The Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and applicable state laws, and regulations promulgated thereunder. ▇▇▇▇▇▇ further acknowledges and agrees that having been given the opportunity to inspect the Leased Premises, ▇▇▇▇▇▇ is relying solely on its own investigation of the Leased Premises and not on any information provided or to be provided by ▇▇▇▇▇▇. ▇▇▇▇▇▇ further acknowledges and agrees that any information provided or to be provided with respect to the Leased Premises was obtained from a variety of sources and that Lessor has not made any independent investigation or verification of such information.

Limitations of Warranties. Lessee acknowledges and agrees that, other than as may be specifically set forth herein, Lessor has not made, does not make and specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (a) the nature, quality or condition of the Leased Premises, including, without limitation, the water, soil and geology, (b) the income to be derived from the Leased Premises, (c) the suitability of the Leased Premises for any and all activities and uses which Lessee may conduct thereon, (d) the compliance of or by the Leased Premises or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, including, without limitation, The Americans with Disabilities Act and any rules and regulations promulgated thereunder or in connection therewith, and The Texas Architectural Barriers Act and any rules and regulations promulgated thereunder or in connection therewith, (e) the habitability, merchantability or fitness for a particular purpose of the Leased Premises, or (f) any other matter with respect to the Leased Premises, and specifically that Lessor has not made, does not make and specifically disclaims any representations regarding solid waste, as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, or the disposal or existence, in or on the Leased Premises, of any hazardous substance, as defined by The Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and applicable state laws, and regulations promulgated thereunder. ▇▇▇▇▇▇ further acknowledges and agrees that having been given the opportunity to inspect the Leased Premises, ▇▇▇▇▇▇ is relying solely on its own investigation of the Leased Premises and not on any information provided or to be provided by ▇▇▇▇▇▇. ▇▇▇▇▇▇ further acknowledges and agrees that any information provided or to be provided with respect to the Leased Premises was obtained from a variety of sources and that Lessor has not made any independent investigation or verification of such information. ▇▇▇▇▇▇ further acknowledges and agrees that the use and operation of the Premises as provided for herein is made on an “as is, where is” condition and basis “with all faults”. ▇▇▇▇▇▇ acknowledges and agrees that the provisions of this paragraph were a material factor in the determination of the amount of the rent of the Premises. The terms of this paragraph will survive any termination of this Lease.

Limitations of Warranties. Lessee acknowledges and agrees that, other than as may be specifically set forth herein, Lessor has not made, does not make and specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (a) the nature, quality or condition of the Leased Premises, including, without limitation, structures, the water, soil and geology, (b) the income to be derived from the Leased Premises, (c) the suitability of the Leased Premises for any and all activities and uses which Lessee may conduct thereon, (d) the compliance of or by the Leased Premises or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, including, without limitation, the Williamson County and cities Health District, The Americans with Disabilities Act and any rules and regulations promulgated thereunder or in connection therewith, and The Texas Architectural Barriers Act and any rules and regulations promulgated thereunder or in connection therewith, (e) the habitability, merchantability or fitness for a particular purpose of the Leased Premises, or (f) any other matter with respect to the Leased Premises, and specifically that Lessor has not made, does not make and specifically disclaims any representations regarding solid waste, as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, or the disposal or existence, in or on the Leased Premises, of any hazardous substance, as defined by The Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and applicable state laws, and regulations promulgated thereunder. ▇▇▇▇▇▇ further acknowledges and agrees that having been given the opportunity to inspect the Leased Premises, ▇▇▇▇▇▇ is relying solely on its own investigation of the Leased Premises and not on any information provided or to be provided by ▇▇▇▇▇▇Lessor. ▇▇▇▇▇▇ further acknowledges and agrees that any information provided or to be provided with respect to the Leased Premises was obtained from a variety of sources and that Lessor has not made any independent investigation or verification of such information.

Limitations of Warranties. Lessee A. Purchaser shall have the right, pursuant to Section 22 above, to inspect the Unit and the common elements prior to the Closing. Purchaser hereby agrees that from and after the Closing, Purchaser shall not make or bring, and shall not support the bringing of such action by others, any claim or action whatsoever against Seller or Seller’s agents with respect to the dimensions of the Unit or the common elements, the materials employed in the construction of the Unit or the common elements, or the quality of workmanship or the merchantability or fitness of the Unit or the common elements or fixtures or items of personal property sold pursuant to this Contract, or the merchantability or fitness thereof, except such claims or actions as may be permitted by Section 23.B. below. B. Purchaser acknowledges that at the time of execution of this Contract, Seller has no reason to know of any particular purpose of Purchaser in purchasing the Unit and items of personal property sold pursuant to this Contract other than for normal residential use. Purchaser acknowledges and agrees that the only warranties applicable to the Condominium and the Unit are those that may validly be imposed thereon by statutory law on the date thereof, as set forth in Section 718.203, Florida Statutes, as such section exists as of the date of this Contract (hereinafter referred to as “Sole Warranties”). Purchaser further acknowledges and agrees that, to the extent allowed by law, Seller makes no other than as may be specifically set forth herein, Lessor has not made, does not make and specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect implied warranties whatsoever in regard to (a) the nature, quality or condition of the Leased Premises, including, without limitationUnit, the watercommon elements, soil and geology, (b) the income any fixtures or items of personal property sold pursuant to be derived from the Leased Premises, (c) the suitability of the Leased Premises for any and all activities and uses which Lessee may conduct thereon, (d) the compliance of this Contract or by the Leased Premises or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, including, without limitation, The Americans with Disabilities Act and any rules and regulations promulgated thereunder or in connection therewith, and The Texas Architectural Barriers Act and any rules and regulations promulgated thereunder or in connection therewith, (e) the habitability, merchantability or fitness for a particular purpose of the Leased Premises, or (f) any other matter with respect real or personal property whatsoever sold hereby. C. SELLER MAKES THIS WARRANTY EXPRESSLY IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES CONCERNING THE UNIT SOLD OR TO BE CONSTRUCTED HEREUNDER AND THE PROPERTY SOLD HEREUNDER OR PREVIOUSLY PURCHASED FROM SELLER. ANY OTHER REPRESENTATIONS, STATEMENTS OR PROMISES MADE BY ANY PERSON ARE UNAUTHORIZED AND ARE NOT BINDING UPON SELLER. ALL OTHER WARRANTIES WITH RESPECT TO THE UNIT AND THE PROPERTY HEREUNDER ARE HEREBY DISCLAIMED, TO THE EXTENT PERMITTED BY LAW, WHETHER IMPLIED OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF HABITABILITY, MERCHANTABILITY, AND FITNESS FOR PARTICULAR PURPOSE; AND PURCHASER REPRESENTS THAT PURCHASER HAS READ AND UNDERSTOOD THIS PROVISION, AND THAT PURCHASER UNDERSTANDS AND AGREES THAT, BY ENTERING INTO THIS CONTRACT AND ACCEPTING THE BENEFITS OF THE LIMITED WARRANTY DESCRIBED ABOVE, PURCHASER HAS KNOWINGLY RELINQUISHED ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE REGARDING THE UNIT AND THE PROPERTY. D. Notwithstanding anything to the Leased Premisescontrary in this Contract, and specifically that Lessor has not made, does not make and specifically disclaims any representations regarding solid waste, as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, or the disposal or existence, in or on the Leased Premises, of any hazardous substance, as defined by The Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and applicable state laws, and regulations promulgated thereunder. ▇▇▇▇▇▇ further Purchaser acknowledges and agrees that having been given Seller shall be irreparably harmed if Purchaser undertakes the opportunity to inspect the Leased Premises, ▇▇▇▇▇▇ is relying solely on its own investigation repair or replacement of any defective portion of the Leased Premises Unit, common elements, fixtures, items of personal property or any other real or personal property in connection with the Unit during the time in which the Sole Warranties remain in effect. Accordingly, Purchaser hereby agrees: (i) to promptly, upon Purchaser’s knowledge of the existence of any such defective portion, provide written notice to Seller specifying each such defective portion, upon the receipt of which Seller shall have sixty (60) days (hereinafter referred to as “Repair Period”) to commence to repair or replace such defective portion and diligently pursue the completion thereof; or (ii) not on to repair, replace or otherwise adjust any information provided such defective portion during the Repair Period; provided, however, that if Seller fails to commence the repair or replacement of such defective portion within the Repair Period, Purchaser may repair or replace same. If Purchaser fails to comply with the provisions of this Section 22.D., Purchaser will be deemed to have breached Purchaser’s obligation to mitigate damages and Purchaser’s conduct shall constitute an aggravation of damages. E. It is hereby agreed that the maximum liability of Seller under the Sole Warranties shall be the replacement cost of the defective portion of the Unit, common elements, fixtures, items of personal property or to the real or personal property. Seller shall have the sole right to determine whether the defect shall be provided corrected by ▇▇▇▇▇▇repair or replacement. ▇▇▇▇▇▇ further acknowledges and agrees that any information provided In addition, at Seller’s sole option, rather than repairing or to be provided with respect to replacing the Leased Premises was obtained from defective item, Seller may pay Purchaser the amount by which the value of the Unit has decreased as a variety of sources and that Lessor has not made any independent investigation or verification result of such informationdefect. In no event shall Seller be liable to Purchaser, the Community Association or the Condominium Association or any other person or entity for consequential or exemplary damages, or for personal injuries arising from any breach of the Sole Warranties. F. Purchaser hereby acknowledges that: (i) the Sole Warranties shall not apply if the defective portion of the Unit, common elements, fixtures or any other real or personal property has resulted from or been caused by, in whole or in part, the misuse of same (whether intentional or unintentional) by any person, firm or entity other than Seller or from an accident, casualty or physical alteration or modification; and (ii) the Sole Warranties are further conditioned upon routine maintenance being performed unless such maintenance is an obligation of Seller or a Seller controlled condominium association. G. The provisions of this Section shall survive the Closing and delivery of the Deed.

Limitations of Warranties. Lessee acknowledges and agrees that, other than as may be specifically set forth herein, Lessor has not made, does not make and specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (a) the nature, quality or condition of the Leased Premises, including, without limitation, the water, soil and geology, (b) the income to be derived from the Leased Premises, (c) the suitability of the Leased Premises for any and all activities and uses which Lessee may conduct thereon, (d) the compliance of or by the Leased Premises or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, including, without limitation, The Americans with Disabilities Act and any rules and regulations promulgated thereunder or in connection therewith, and The Texas Architectural Barriers Act and any rules and regulations promulgated thereunder or in connection therewith, (e) the habitability, merchantability or fitness for a particular purpose of the Leased Premises, or (f) any other matter with respect to the Leased Premises, and specifically that Lessor has not made, does not make and specifically disclaims any representations regarding solid waste, as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, or the disposal or existence, in or on the Leased Premises, of any hazardous substance, as defined by The Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and applicable state laws, and regulations promulgated thereunder. ▇▇▇▇▇▇ Lessee further acknowledges and agrees that having been given the opportunity to inspect the Leased Premises, ▇▇▇▇▇▇ Lessee is relying solely on its own investigation of the Leased Premises and not on any information provided or to be provided by ▇▇▇▇▇▇Lessor. ▇▇▇▇▇▇ Lessee further acknowledges and agrees that any information provided or to be provided with respect to the Leased Premises was obtained from a variety of sources and that Lessor has not made any independent investigation or verification of such information.