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 expressly represents and warrants that:
A. The Performance shall not infringe on another’s copyright, or rights in trade or service marks. Artist agrees to defend and indemnify City from any and all claims and damages arising out of Artist’s Performance of copyrighted works;
B. Artist is capable and experienced in performing the Performance in a professional manner;
C. Artist has made all necessary arrangements and paid all necessary fees to the appropriate unions and guilds to which it belongs for the Performance and for any technicians or supporting personnel Artist provides;
D. The Performance will be suitable for an audience of all ages and will not be obscene or vulgar;
E. Artist is either the author and copyright holder of all works Artist performs or Artist is duly licensed to perform such works (e.g., licenses obtained by Artist from ASCAP, BMI, SESAC, or other licensing agency);
F. Unless otherwise provided in the Basic Provisions, Artist has either already arranged for sufficient personnel and equipment for the Performance, or believes in good faith that it will timely obtain sufficient personnel and equipment for the Performance, and knows of no reason why sufficient personnel or equipment would not be available. By way of example only, union sanctions have not been levied, pending, or threatened that would prevent the Performance; and
G. Artist (including all performers and support personnel) shall be at the location of the Performance at least sixty (60) minutes before the scheduled start of the Performance and shall make its presence known to the City’s on-site coordinator.
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. (A) Artist warrants and represents the originality of all ideas and statements in the Works supplied by artist under this agreement. Artist warrants and represents that Artist’s Works do not directly or indirectly infringe upon the rights of any person or entity, or commit any libel, slander, or other tort involving privacy or publicity, or violate the privacy of any such person or entity. Artist further warrants and represents that he has received a valid release from any and all person(s) portrayed in said Works whose likeliness is identifiable in the Works such that said person(s) likeliness may be portrayed for AlwaysHD’s financial gain.
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.
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. 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; e) there are no liens, claims, encumbrances, pending or threatened actions, litigation, suits, or other claims concerning the Artist Material; f) no third party has collaborated with Artist in creating any part or element of the Artist Material; and g) the Artist Material consists solely of the written submission submitted to the Online Portal and that you have disclosed no other material to Ubisoft. Artist agrees to indemnify and hold harmless Ubisoft, its related entities, and the directors, officers, members, agents, employees, consultants, licensees, shareholders, successors and assigns of Ubisoft and such related entities, from and against any and all claims, expenses, losses, obligations or liabilities (including, without limitation, reasonable attorneys’ fees) that may be asserted against Ubisoft or incurred by Ubisoft in connection with the Artist Material submitted pursuant to this Agreement, any use of such Artist Material by Ubisoft or any breach (or alleged breach) of any representation, covenant or warranty made by You under this Agreement.
