Company Warranty. The Company hereby warrants and represents that the execution of this Agreement and the discharge of the Company's obligations hereunder will not breach or conflict with any other contract, agreement, or understanding between the Company and any other party or parties.
Company Warranty. Company specifically warrants that it will not process Spam in such a way as to negatively impact the Software and Services, as determined by BMI in its sole Discretion. Specifically, Company agrees that it will not alert the sender of Spam to the presence of the Software and Services.
Company Warranty. You warrant that you own all right, title, and interest, including all intellectual property rights, in and to your Company Data and that both the Company Data and your use of the DCMS Services shall be in compliance with the AUP and all applicable laws, rules and regulations.
Company Warranty. Company warrants that it has the authority to grant to Partner all the rights contained herein.
Company Warranty. Company warrants it has all rights necessary to grant this License, that it owns or controls the Works, that the Works are not subject to any liens or encumbrances that might interfere with the use thereof by the License as permitted herein, and such use of the Works as provided herein will not infringe upon the rights of any third parties.
Company Warranty. Company warrants that it shall use commercially reasonable efforts to prevent: (i) incorporation of any harmful or malicious code into its Customer Interface, including, but not limited to, code that would enable Company or, if applicable, its Customers to: (a) erase, destroy, corrupt, damage, or modify in an unauthorized manner any CME system (including the Certification Environment and the CME Interfaces), or (b) bypass any CME Interface security measure; or (ii) use of the Certification Environment in a manner that adversely impacts CME or any Company Authorized User (e.g., the stress testing of its Customer Interface in the Certification Environment without CME’s prior written consent); or (iii) access or permit others to access the Certification Environment without CME’s prior written consent.
Company Warranty. COMPANY covenants and agrees that all equipment to be installed as part of this Contract shall be new, in good and proper working condition and protected by appropriate original equipment manufacturer written warranties covering all parts and equipment performance. COMPANY shall be responsible for the repair of new equipment installed under this Contract which require repair during the COMPANY warranty period. The COMPANY warranty period extends one (1) year from the date of the Certificate of Acceptance of all ECMs issued by the CITY. COMPANY is responsible to repair or replace defective equipment under COMPANY warranty period, at no additional expense to the CITY.
Company Warranty. 10.1 The Company gives the Warranty contained in Schedule 1 in respect of the Goods (the Warranty).
Company Warranty. With respect to the Commercial Use Licenses only, Company warrants to Customer that: (a) the Products will perform in substantial accordance with the Documentation; (b) except as specified in the Documentation and to the best of Company’s knowledge, the Software does not contain any program routine, device, or other undisclosed feature, including, without limitation, malicious logic, worm, or Trojan horse; and (c) any professional services and operation services performed by Company pursuant to this Agreement (Services) will be performed in a good and workmanlike manner by appropriately qualified and trained personnel. If the Software or the Services (as applicable) fail to fulfill or is not in compliance with one or more of the warranties set forth in Section 10.2, then Customer must inform Company in writing and provide Company with information and materials, reasonably requested by Company, to document and reproduce the noncompliance. Customer must provide the written warranty claim for Products to Company within 30 days of the delivery date of the applicable Product. Customer must provide a written warranty claim for Services to Company within 30 days after the date of the invoice for the Services. As Customer’s sole and exclusive remedy, Company will, as applicable, modify the Product, replace the Product with other software offering comparable functionality, or re-perform the Services, in each case as may be necessary to cause the Product or the Services (as applicable) to comply with the warranties set forth in Section 10.2. If Company is unable to correct the warranty issue after a reasonable opportunity, Company will refund the License fees paid for the applicable Product or refund for the allegedly defective Service, as applicable.
Company Warranty. The Company represents and warrants that it is fully authorized by action of its Board (and has taken all necessary action required by the Merger Agreement) to enter into this Agreement and to perform its obligations under it.
