Breach of Warranties Sample Clauses
Breach of Warranties. In the event of any breach, or reasonably anticipated breach, of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Exodus will have the right immediately, in Exodus' sole discretion, to suspend any related Internet Data Center Services if deemed reasonably necessary by Exodus to prevent any harm to Exodus and its business.
Breach of Warranties. In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Exodus will have the right, in its sole reasonable discretion, to suspend immediately any related Services if deemed reasonably necessary by Exodus to prevent any harm to Exodus and its business. Exodus will provide notice and opportunity to cure if practicable depending on the nature of the breach. Once cured, Exodus will promptly restore the Service(s).
Breach of Warranties. In the event of any breach, or reasonably anticipated breach, of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Netgateway will have the right immediately in Netgateway's reasonable discretion, to suspend any related eCommerce Services if deemed reasonably necessary by Netgateway to prevent any harm to Netgateway or its business.
Breach of Warranties. In the event of any breach of any of Issuer’s responsibilities or warranties herein, in addition to any other remedies available at law or in equity, FundAmerica has the right to immediately, in FundAmerica’s sole discretion, suspend any related API features and/or Technology if deemed necessary by FundAmerica to prevent or eliminate difficulties in the operation of Technology or harm to FundAmerica’s reputation, or to prevent potential litigation or other controversies.
Breach of Warranties. In the event of any breach of any of Issuer’s responsibilities or warranties herein, in addition to any other remedies available at law or in equity Service Provider will have the right to immediately, in Service Provider’s sole and reasonable discretion, suspend Services if deemed necessary by Service Provider to prevent or eliminate difficulties in the operation of Services or harm to Service Provider’s business or reputation, or to prevent potential litigation or other controversies.
Breach of Warranties. In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, CRISP Wireless will have the right, in its sole discretion, to suspend or terminate immediately any Services.
Breach of Warranties. 6.3.1 If prior to or as at the Closing Date it shall be found that any of the Warranties on the part of the Seller have not been carried out or complied with or is otherwise untrue or misleading in any respect, each of the Purchaser and the Issuer shall be entitled (in addition to and without prejudice to all other rights or remedies available to it including the right to claim damages), at its sole and absolute discretion, by giving a Notice of Termination to the Seller to terminate this Agreement or to elect to proceed with Closing having regard to the breach. Notwithstanding the foregoing, failure of the Purchaser or the Issuer to exercise any right under this Clause 6.3 shall not constitute a waiver of any other rights of the Purchaser or the Issuer arising out of any breach of a Warranty.
6.3.2 Upon giving of a Notice of Termination by the Purchaser to the Seller pursuant to Clause 6.3.1 this Agreement shall terminate and the provisions of Clause 9.6.2 shall apply.
Breach of Warranties. (a) In the event of any breach of any of the Warranties during any of the applicable Warranty Periods set forth in subsections 17.1(a), 17.2(a), 17.2(b), 17.2(c) and 17.3, the Vendor will, in accordance with the terms of this Section 17, promptly repair or replace the defective or nonconforming Product or otherwise cure any Defects and Deficiencies so that each PCS Sub-System and each PCS System and the System as a whole will perform in accordance with the Specifications and Exhibit F. If the Vendor fails to promptly repair, replace and/or cure such defect, the Owner may, in addition to exercising any other remedies available to it, itself cause such repair, replacement and/or cure, at its option and at the sole cost and expense of the Vendor.
(b) The Vendor recognizes that the Owner may suffer injury and may be damaged in an amount which will be difficult to determine with certainty as a result of Outages resulting from causes attributable to the failure of the Vendor's Products and/or Services to perform in accordance with the Specifications. As used herein, "Outage" means an unscheduled loss of functionality of the System, any PCS System or any PCS Sub-System due to the failures of PCS Products or any combination thereof defined as the loss of the capability to originate or terminate [___________] percent or more of the active voice channels then in service within the System or such PCS System and/or PCS Sub-System for a period of time exceeding [_____] minutes.
Breach of Warranties. In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Company will have the right, in its sole discretion, to suspend immediately any of the Services if deemed reasonably necessary by Company to prevent harm to Company or its business. If practicable and depending on the nature of the breach, Company may in its sole discretion choose to provide notice of the breach and an opportunity to cure. If the Company gives this opportunity to cure, and the Customer so cures, the Company shall promptly restore the Services.
Breach of Warranties. 103 17.5 Repair and Return..........................................105 17.6 Technical Assistance Center................................107 17.7 Scope of Warranties........................................108 17.8 Expenses...................................................108 17.9 Third Party Warranties.....................................109 17.10 Additional System Element Locations........................109 17.11