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No advice may be depended upon unless the advice has been provided to the
client under a written contract to do so, has been reduced to writing,
submitted as a report to the client, has been invoiced for and the invoice
accepted by the client.
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The compilation of all written advice provided to the client during the course
of a contracted engagement comprises the report, including all qualifications
and limitations advised during the engagement, or applying by virtue of the
standard terms.
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Ultima Capital Partners assumes no responsibility for the legal description or
matters including legal, title to real and intangible assets, taxation, and
accounting information provided by the client.
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Title to the subject assets, properties or business interests is assumed to be
good and marketable unless otherwise stated in writing by the client.
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The subject assets, properties or business interests are assumed free and
clear of any or all liens or encumbrances unless otherwise stated in writing
by the client.
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Ultima Capital Partners assumes that the client has responsible ownership and
competent management.
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The information furnished by others in conducting desktop research, or field
interviews, is believed to be reliable. However, Ultima Capital Partners
issues no warranty or other form of assurance regarding its accuracy.
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Ultima Capital Partners assumes no hidden or unapparent conditions regarding
the subject assets, properties or business interests of the client business.
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Ultima Capital Partners assumes that there is full compliance with all
applicable federal, state and local regulations and law unless the lack of
compliance is stated, defined and considered in the appraisal report.
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Ultima Capital Partners assumes that all required licenses, certificates of
occupancy, consents, or legislative or administrative authority from any
local, state or national government or private entity or organisation have
been or can be obtained or reviewed for any use on which the opinion contained
in this report is based.
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Unless otherwise stated in the report, Ultima Capital Partners did not
observe, and Ultima Capital Partners has no knowledge of, the existence of
hazardous materials with regard to the subject assets, properties, or business
interests, or occupational health and safety issues. However, Ultima Capital
Partners is not qualified to detect such substances. Ultima Capital Partners
assumes no responsibility for such conditions or for any expertise required to
discover them.
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Possession of the report does not carry with it the right of publication. It
may not be used for any purpose by any person other than the client to whom it
is addressed without Ultima Capital Partners’ written consent and in any
event only with proper written qualifications and only in its entirety.
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In providing the report Ultima Capital Partners is not required to furnish
more information or provide any further advice, unless arrangements have been
previously made with the client.
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Neither all nor any part of the contents of the report shall be disseminated
to the public through advertising, public relations, news, sales or other
media without Ultima Capital Partners’ prior written consent and approval.
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The analyses, opinions and conclusions presented in the report apply to this
engagement only and may not be used out of the context presented herein.
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The report is valid only for the effective date specified herein and only for
the purpose specified herein.
