Common use of Client's Acknowledgements Clause in Contracts

Client's Acknowledgements. 2.1 Client represents and warrants that all the information and data provided to ULC by Client or on its behalf is complete and accurate and that ULC may rely upon such information when testing, evaluating, investigating, and establishing that Client’s Specified Products are eligible to bear a ULC Field Evaluation Label. 2.2 Client recognizes that each Field Evaluation is unique and that the timing of each investigation will vary depending upon the particular evaluation and the findings. XXX agrees to assign only qualified Gas Field Evaluation Inspectors based on the Gas Field Evaluation Body compliance matrix. Client agrees that ULC, its trustees, affiliates, members, officers, employees, subcontractors, and agents shall have no obligation or liability for any damages, including consequential damages, or for specific performance arising from ULC’s performance, non-performance, or delay in performance under this Agreement. 2.3 Client recognizes that ULC's opinions and findings represent its judgment given with due consideration to the necessary limitations of practical operation in accordance with ULC's objects and purposes. 2.4 ULC does not assume or accept responsibility or liability for any economic loss, personal injury, death, or property damage to Client’s business, personnel, or property in connection with any tests performed at any location by any persons, including without limitation, personnel of ULC, Client or any third party. Under no circumstance will ULC’s total liability under this Agreement exceed the fees paid for the specific Services related to the claim. 2.5 Client agrees to indemnify, defend and hold harmless ULC, and its affiliates and their trustees, members, officers, employees, agents, and subcontractors, against any third party claims, suits, losses, judgments, costs, fines, liabilities, or expenses, including attorneys' fees of counsel of ULC's choosing, arising from or related to any use by the Client of the ULC Field Evaluation Label or arising from any violation by the Client of the terms and conditions of this Agreement, unless due to ULC's sole negligence. 2.6 Client shall provide representatives of ULC as well as any third-party observers accompanying the representatives, free, safe, and secure access to the site to conduct the Services. Client shall ensure that Client and any third party will not attempt to condition the right of ULC’s representatives to obtain free access to any site upon the signing of any agreement, waiver or release which in any way purports to affect the legal rights or obligations of ULC or its representative. If any representative of ULC signs such an agreement, waiver, or release, it shall be considered void and will be of no force and effect. ULC will, however, direct its representatives to exercise reasonable care to comply with any site safety regulations provided to ULC in advance that are generally applicable to personnel at any such site. Client agrees to provide ULC’s representatives and third-party observers with all applicable safety, and other, protections required by law for Client’s own employees. ULC will, however, direct its representatives to exercise reasonable care to comply with any plant safety regulations generally applicable to personnel at any such location or facility. If the Client or end user site representatives require ULC’s representatives to participate in additional training to permit site access, ULC may quote for additional fees. 2.7 Client acknowledges its willingness to support ULC’s public safety mission and that ULC is entitled to receive information received, developed or collected by Client regarding the performance of a Field Evaluated Product bearing an Inspection Label. Accordingly, Client will promptly notify ULC in writing: (i) when Client notifies a relevant governmental agency of potential field hazards; or (ii) when the Client has found or has received a report that the covered Field Evaluated Product could create a substantial or potential hazard to users. Client agrees to make available to ULC for inspection and copying all documents and other information related to the above, keep a record of all complaints made known to the Client relating to the covered Field Evaluated Product in compliance with UL Requirements and to make these records available to ULC when requested. Client agrees to take appropriate action to respond to such complaints and any noncompliance with UL Requirements and keep record of such actions. Client agrees that ULC may share such information with other UL Companies. Specifically, with respect to documents provided by Client to federal, provincial, local, or governmental agency, Client authorizes that agency to make those documents available to ULC for inspection and copying. Client agrees that it will cooperate with and assist ULC in connection with its investigation of any affected covered Field Evaluated Products and undertake such corrective action as is in the best interests of public safety as determined at ULC’s sole discretion.

Client's Acknowledgements. 2.1 Client represents and warrants that all the information and data provided to ULC by Client or on its behalf is complete and accurate and that ULC may rely upon such information when testing, evaluating, investigating, and establishing that Client’s Specified Products are eligible to bear a ULC Field Evaluation Label. 2.2 Client recognizes that each Field Evaluation is unique and that the timing of each investigation will vary depending upon the particular evaluation and the findings. XXX agrees to assign only qualified Gas Field Evaluation Inspectors based on the Gas Field Evaluation Body compliance matrix. Client agrees that ULC, its trustees, affiliates, members, officers, employees, subcontractors, and agents shall have no obligation or liability for any damages, including consequential damages, or for specific performance arising from ULC’s performance, non-performance, or delay in performance under this Agreement. 2.3 Client recognizes that ULC's opinions and findings represent its judgment given with due consideration to the necessary limitations of practical operation in accordance with ULC's objects and purposes. 2.4 ULC does not assume or accept responsibility or liability for any economic loss, personal injury, death, or property damage to Client’s business, personnel, or property in connection with any tests performed at any location by any persons, including without limitation, personnel of ULC, Client or any third party. Under no circumstance will ULC’s total liability under this Agreement exceed the fees paid for the specific Services related to the claim. 2.5 Client agrees to indemnify, defend and hold harmless ULC, and its affiliates and their trustees, members, officers, employees, agents, and subcontractors, against any third party claims, suits, losses, judgments, costs, fines, liabilities, or expenses, including attorneys' fees of counsel of ULC's choosing, arising from or related to any use by the Client of the ULC Field Evaluation Label or arising from any violation by the Client of the terms and conditions of this Agreement, unless due to ULC's sole negligence. 2.6 Client shall provide representatives of ULC as well as any third-party observers accompanying the representatives, free, safe, and secure access to the site to conduct the Services. Client shall ensure that Client and any third party will not attempt to condition the right of ULC’s representatives to obtain free access to any site upon the signing of any agreement, waiver or release which in any way purports to affect the legal rights or obligations of ULC or its representative. If any representative of ULC signs such an agreement, waiver, or release, it shall be considered void and will be of no force and effect. ULC will, however, direct its representatives to exercise reasonable care to comply with any site safety regulations provided to ULC in advance that are generally applicable to personnel at any such site. Client agrees to provide ULC’s representatives and third-party observers with all applicable safety, and other, protections required by law for Client’s own employees. ULC will, however, direct its representatives to exercise reasonable care to comply with any plant safety regulations generally applicable to personnel at any such location or facility. If the Client or end user site representatives require ULC’s representatives to participate in additional training to permit site access, ULC may quote for additional fees. 2.7 Client acknowledges its willingness to support ULC’s public safety mission and that ULC is entitled to receive information received, developed or collected by Client regarding the performance of a Field Evaluated Product bearing an Inspection Label. Accordingly, Client will promptly notify ULC in writing: (i) when Client notifies a relevant governmental agency of potential field hazards; or (ii) when the Client has found or has received a report that the covered Field Evaluated Product could create a substantial or potential hazard to users. Client agrees to make available to ULC for inspection and copying all documents and other information related to the above, keep a record of all complaints made known to the Client relating to the covered Field Evaluated Product in compliance with UL Requirements and to make these records available to ULC when requested. Client agrees to take appropriate action to respond to such complaints and any noncompliance with UL Requirements and keep record of such actions. Client agrees that ULC may share such information with other UL Companies. Specifically, with respect to documents provided by Client to federal, provincial, local, or governmental agency, Client authorizes that agency to make those documents available to ULC for inspection and copying. Client agrees that it will cooperate with and assist ULC in connection with its investigation of any affected covered Field Evaluated Products and undertake such corrective action as is in the best interests of public safety as determined at ULC’s sole discretion. 2.8 Client acknowledges and agrees that UL Contracting Party may utilize the use of new technology (e.g. drones, cameras, special glasses, IT, artificial intelligence, etc.) in performing the Services. The new technology(ies) may be a partial or full replacement for an existing evaluation method (like the human eye) or as a new evaluation method. If UL Contracting Party notifies Client that such new technology will be utilized for the Services, Client will be responsible for ensuring that all necessary information and approvals are in place so that such technology can be utilized in a safe and compliant manner, including without limitation:

Client's Acknowledgements. 2.1 Client represents and warrants that all the information and data provided to ULC by Client or on its behalf is complete and accurate and that ULC may rely upon such information when testing, evaluating, investigating, and establishing that Client’s Specified Products are eligible to bear a ULC Field Evaluation Label. 2.2 Client recognizes that each Field Evaluation is unique and that the timing of each investigation will vary depending upon the particular evaluation and the findings. XXX agrees to assign only qualified Gas Field Evaluation Inspectors based on the Gas Field Evaluation Body compliance matrix. Client agrees that ULC, its trustees, affiliates, members, officers, employees, subcontractors, and agents shall have no obligation or liability for any damages, including consequential damages, or for specific performance arising from ULC’s performance, non-performance, or delay in performance under this Agreement. 2.3 Client recognizes that ULC's opinions and findings represent its judgment given with due consideration to the necessary limitations of practical operation in accordance with ULC's objects and purposes. 2.4 ULC does not assume or accept responsibility or liability for any economic loss, personal injury, death, or property damage to Client’s business, personnel, or property in connection with any tests performed at any location by any persons, including without limitation, personnel of ULC, Client or any third party. Under no circumstance will ULC’s total liability under this Agreement exceed the fees paid for the specific Services related to the claim. 2.5 Client agrees to indemnify, defend and hold harmless ULC, and its affiliates and their trustees, members, officers, employees, agents, and subcontractors, against any third party claims, suits, losses, judgments, costs, fines, liabilities, or expenses, including attorneys' fees of counsel of ULC's choosing, arising from or related to any use by the Client of the ULC Field Evaluation Label or arising from any violation by the Client of the terms and conditions of this Agreement, unless due to ULC's sole negligence. 2.6 Client shall provide representatives of ULC as well as any third-party observers accompanying the representatives, free, safe, and secure access to the site to conduct the Services. Client shall ensure that Client and any third party will not attempt to condition the right of ULC’s representatives to obtain free access to any site upon the signing of any agreement, waiver waiver, or release which in any way purports to affect the legal rights or obligations of ULC or its representative. If any representative of ULC signs such an agreement, waiver, or release, it shall be considered void and will be of no force and effect. ULC will, however, direct its representatives to exercise reasonable care to comply with any site safety regulations provided to ULC in advance that are generally applicable to personnel at any such site. Client agrees to provide ULC’s representatives and third-party observers with all applicable safety, and other, protections required by law for Client’s own employees. ULC will, however, direct its representatives to exercise reasonable care to comply with any plant safety regulations generally applicable to personnel at any such location or facility. If the Client or end user site representatives require ULC’s representatives to participate in additional training to permit site access, ULC may quote for additional fees. 2.7 Client acknowledges its willingness to support ULC’s public safety mission and that ULC is entitled to receive information received, developed developed, or collected by Client regarding the performance of a Field Evaluated Product bearing an Inspection Label. Accordingly, Client will promptly notify ULC in writing: (i) when : i. When Client notifies a relevant governmental agency of potential field hazards; or (or ii) when . When the Client has found or has received a report that the covered Field Evaluated Product could create a substantial or potential hazard to users. Client agrees to make available to ULC for inspection and copying all documents and other information related to the above, keep a record of all complaints made known to the Client relating to the covered Field Evaluated Product in compliance with UL Requirements and to make these records available to ULC when requested. Client agrees to take appropriate action to respond to such complaints and any noncompliance with UL Requirements and keep record of such actions. Client agrees that ULC may share such information with other UL Companies. Specifically, with respect to documents provided by Client to federal, provincial, local, or governmental agency, Client authorizes that agency to make those documents available to ULC for inspection and copying. Client agrees that it will cooperate with and assist ULC in connection with its investigation of any affected covered Field Evaluated Products and undertake such corrective action as is in the best interests of public safety as determined at ULC’s sole discretion.