Common use of Warranties and Representations of the Parties Clause in Contracts

Warranties and Representations of the Parties. The Parties warrant and represent as follows: A. Each of the Parties warrants and represents to the other parties that said party has entered into this Settlement Agreement of its own free will, in accordance with its judgment, after the opportunity to investigate the claims made in connection with the Lawsuit, and after consultation with its respective attorneys; B. None of the Parties have been induced to enter into this Settlement Agreement by any statement, act, or representation of any kind or character on the part of any other Party; C. The terms of this agreement were drafted by the Parties and their counsel. No provision of this Settlement Agreement shall be construed against any Party because that Party initially drafted any particular provision. D. Each of the Parties acknowledges that the terms of this Settlement Agreement are clear and unambiguous and have been fully read and understood. E. Camber warrants that it has paid all of its subcontractors, suppliers and/or vendors any disputed amounts due and owing in connection with operation of the properties set forth on Exhibit A during the time such properties were directly operated by CE Energy, LLC, and specifically not when PetroGlobe was operating the assets either as PetroGlobe or through CE Energy, LLC but not otherwise, and that such properties are free and clear of any liens related to such time periods. Camber further agrees to release, indemnify and hold harmless PetroGlobe and its assigns from any claim or demand made by any such subcontractor, supplier and/ or vendor in the future with respect to said time period that CE Energy, LLC directly operated such properties but specifically not when PetroGlobe was operating the assets either as PetroGlobe or through CE Energy, LLC. F. This Settlement Agreement is a compromise settlement of each party's disputed claims, and the sums and covenants given in consideration of this Settlement Agreement, as well as the execution of this Settlement Agreement, shall not be construed to be an admission of liability on the part of any party with respect to the disputed matters set forth above or contained in pleadings filed in the Lawsuit. G. Each signatory to this Settlement Agreement has the authority to enter into and execute this Settlement Agreement and all corporate formalities have been complied with in order to bind the party for whom said signatory has executed this document. H. Each of the parties executing this Settlement Agreement has the right to rely upon the authority of signature of each signatory to this document. I. ▇▇▇▇▇ represents that the transfers contemplated by this Agreement are authorized by any applicable company agreements.

Appears in 2 contracts

Sources: Compromise Settlement Agreement (Camber Energy, Inc.), Compromise Settlement Agreement (Camber Energy, Inc.)