Artist’s Representations and Warranties. Artist expressly represents and warrants that:
Artist’s Representations and Warranties. Artist represents and warrants to City that the statements contained in this Article 4 are true and correct as of the Effective Date and as of the Closing Date. For purposesof this Article 4, “Artist’s knowledge,” “knowledge of Artist” and any similar phrases meanthe actual or constructive knowledge of Artist, after due inquiry.
Artist’s Representations and Warranties. Artist represents and warrants that: a) Artist is the sole owner and author of the Artist Material; b) Artist has the exclusive right and authority and all rights necessary to submit the Artist Material to Ubisoft upon the terms and conditions stated herein; c) the Artist Material does not infringe upon or violate any intellectual property rights or other rights of any third party (including, without limitation, defamation, copyright, trademark, right of privacy); d) no rights in the Artist Material have previously been granted to anyone nor has the Artist Material otherwise been exploited in any way; and e) there are no liens, claims, encumbrances, pending or threatened actions, litigation, suits, or other claims concerning the Artist Material. Artist agrees to indemnify Ubisoft against any liabilities, losses, claims, demands, costs (including reasonable attorney’s fees), or expenses arising in connection with any breach or alleged breach of the foregoing.
Artist’s Representations and Warranties. 7.4.1 The ARTIST represents and warrants to the COUNTY that the fabrication and installation of the Artwork will be performed in a workmanlike manner and that the Artwork will be free of defects in workmanship and materials, including inherent vice and portions deemed dangerous to the public, and that the ARTIST will, at the ARTIST’S own expense, remedy any defects due to faulty workmanship or materials, or to inherent vice, which appear within a period of one year from the date the of the COUNTYs Acceptance Notice. “Inherent vice” refers to a quality within the material or materials which comprise the Artwork which, either alone or in combination, results in the tendency of the Artwork to destroy itself. If the Artwork should deteriorate because of faulty workmanship or material or an inherent vice within one (1) year from the date of the COUNTY's Acceptance Notice, the ARTIST will promptly repair or replace the Artwork without any charge to the COUNTY. However, the COUNTY may, in its sole discretion and only to the extent it deems advisable, assist the ARTIST for out-of-pocket expenses related to the repair or replacement of the Artwork, including materials, contracted labor, travel costs and subcontractor charges; but in no event shall it pay any charge for ARTIST’S labor. Any and all repair or replacement completed by the ARTIST shall be consistent with professional conservation standards as determined solely by the COUNTY.
Artist’s Representations and Warranties. Except to the extent permitted in Section 7 herein, Artist represents and warrants that, that:
Artist’s Representations and Warranties. Artist represents and warrants that it has the full right, power and authority to enter into this Agreement.
Artist’s Representations and Warranties a. Artist represents and warrants that Artist is the original and only creator of the Artwork.
Artist’s Representations and Warranties. The Artist represents and warrants to the District that:
Artist’s Representations and Warranties. A. The Artist represents and warrants to the Owner that the fabrication and installation of the Work will be performed in a workmanlike manner and that the Work will be free of defects in workmanship or materials consistent with the final Design Proposal and Engineering Drawings approved by the Owner and that the Artist will, at the Artist's own expense, remedy any defects due to faulty workmanship or materials that arise within a period of three years from the Completion Date and the date the Work is finally accepted by the Owner or five days after the Completion Date, whichever shall first occur. Any and all such repair shall be completed by the Artist in a proper, workmanlike manner consistent with the Technical and Maintenance Record and the “As-Built Drawings” attached to and made a part of this Agreement as Exhibits C and D, respectively.
Artist’s Representations and Warranties. Artist expressly represents and warrants that the Work is original and does not infringe on another’s copyright, or rights in trade or service marks. Artist expressly represents and warrants that Artist has authority to sell the Work to the City, Artist is the sole owner of the Work, and the Work is not subject to lien or encumbrance of any kind. Artist agrees to defend and indemnify City from any and all claims and damages arising out of this Agreement or the Work purchased hereunder.
