Contractor Warranties. 7.12.1 If and to the extent Developer obtains general or limited warranties from any Contractor in favor of Developer with respect to design, materials, workmanship, equipment, tools, supplies, software or services, Developer also shall cause such warranty to be expressly extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Contractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass- marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as Developer or a Lender is diligently pursuing remedies thereunder. To the extent that any Contractor warranty would be voided by reason of Developer's negligence in incorporating material or equipment into the Work, Developer shall be responsible for correcting such defect.
7.12.2 Contractor warranties (if any) are in addition to all rights and remedies available under the CDA Documents or applicable Law or in equity, and shall not limit Developer’s liability or responsibility imposed by the CDA Documents or applicable Law or in equity with respect to the Work, including liability for design Defects, latent construction Defects, strict liability, breach, negligence, willful misconduct or fraud.
Contractor Warranties. The Contractor warrants and represents to the Authority and the Related Organisations that on the date of this Contract: it is properly constituted and incorporated under the laws of England and Wales and has the corporate power to own its assets and to carry on its business as it is now being conducted; it has the corporate power to enter into and to exercise its rights and perform its obligations under this Contract and the Sub-Contracts; all action necessary on the part of the Contractor to authorise the execution of and the performance of its obligations under the Contract and Sub-Contracts has been taken or, in the case of any Sub-Contract executed after the date of this Contract, will be taken before such execution; the obligations expressed to be assumed by the Contractor under the Contract and Sub-Contracts are, or in the case of any Sub-Contract executed after the date of this Contract will be, legal, valid, binding and enforceable to the extent permitted by law; the Contract and each of the Sub-Contracts is or, when executed, will: be in full force and effect; be in the proper form for enforcement in England and Wales; constitute or, when executed, will to the extent permitted by law constitute the valid, binding and enforceable obligations of the parties to them, provided that the Contractor does not give the warranty set out in this clause 5.1.5 (Contractor Warranties) in respect of the obligations of the Authority; the execution, delivery and performance by it of the Contract and Sub-Contracts does not contravene any provision of: any existing Legislation either in force, or enacted but not yet in force binding on the Contractor; the Memorandum and Articles of Association of the Contractor; any order or decree of any court or arbitrator which is binding on the Contractor; or any obligation which is binding upon the Contractor or upon any of its assets or revenues; no claim is presently being assessed and no litigation, arbitration or administrative proceedings are presently in progress or, to the best of the knowledge of the Contractor, pending or threatened against it or any of its assets which will or might have a material adverse effect on the ability of the Contractor to perform the Contract; it is not the subject of any other obligation, compliance with which will or is likely to have a material adverse effect on the ability of the Contractor to perform its obligations under the Contract; no proceedings or other steps have been taken and ...
Contractor Warranties. 17.1. The Contractor warrants, represents and undertakes that, throughout the Contract Period:
17.1.1. the Contractor has and will continue to hold full capacity and authority and all necessary consents and regulatory approvals to enter into and to perform this Contract and that this Contract is executed by a duly authorised representative of the Contractor;
17.1.2. all components of the Services shall operate in accordance with the technical specifications and the standards in the Services Scope;
17.1.3. the Contractor has the full capacity and authority to perform the Services;
17.1.4. The Services and Deliverables shall be supplied and rendered with all due skill, care and diligence by appropriately experienced, qualified and trained personnel.
17.1.5. all persons employed or engaged by the Contractor, or by a Sub-contractor and providing the Services are and will be vetted in accordance with Good Industry Practice.
17.1.6. the Contractor shall discharge its obligations hereunder with all due skill, care and diligence including but not limited to good industry practice and (without limiting the generality of this Condition 17) in accordance with its own established internal procedures;
17.1.7. it has and will continue to have all necessary rights in and to the Intellectual Property Rights in all materials used by the Contractor for the purpose of providing the Services and/or delivered to the Authority.
17.1 8. as at the Commencement Date all statements and representations by the Contractor are to the best of its knowledge, information and belief, true and accurate and that it will advise the Authority of any fact, matter or circumstance of which it may become aware which would render any such statement or representation to be false or misleading;
17.1.9. it shall, and the person employed or engaged by the Contractor and involved in providing the Services shall, at all times comply with the Law in carrying out their obligations under this Contract.
17.1.10. the Contractor shall comply with all applicable laws in its provision of the Services; and
17.1.11. except as expressly stated in this Contract, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to fitness for purpose) are hereby excluded to the extent permitted by law.
Contractor Warranties. The Contractor agrees to the following representations and warranties:
1. Repair of Damaged Data Warranty. The Contractor represents that, should any defect or deficiency in any Deliverable, or the remedy of such defect or deficiency, cause incorrect data to be introduced into any Customer’s database or cause data to be lost, the Contractor shall be required to correct and reconstruct, within the timeframe established by the Customer’s Contracting Officer, all production, test, acceptance and training files or databases affected which are used in the provision of services, at no additional cost to the Customer.
Contractor Warranties. The Assignment of Contractor Warranties, executed by Purchaser;
Contractor Warranties. Applicant may cause its contractor to warrant and guarantee to District Contractor’s work performed on the Project. Any such warranty by Applicant’s Contractor shall be in addition to and not in lieu of Applicant’s warranty and guarantee obligations to District as set forth in this Agreement.
Contractor Warranties. Contractor makes the following material representations and warranties to LIBERTY in order to induce LIBERTY to enter into this Agreement, and Contractor acknowledges that LIBERTY has reasonably relied upon each of these representations and warranties and that but for each and every one of these representations and warranties, LIBERTY would not enter into this Agreement.
Contractor Warranties. Each of Tenant’s Agents shall guarantee to Tenant and for the benefit of Landlord that the portion of the Tenant Improvements for which it is responsible shall be free from any defects in workmanship and materials for a period of not less than one (1) year from the date of completion thereof. Each of Tenant’s Agents shall be responsible for the replacement or repair, without additional charge, of all work done or furnished in accordance with its contract that shall become defective within one (1) year after the later to occur of (i) completion of the work performed by such contractor or subcontractors and (ii) the Lease Commencement Date. The correction of such work shall include, without additional charge, all additional expenses and damages incurred in connection with such removal or replacement of all or any part of the Tenant Improvements, and/or the Building and/or common areas that may be damaged or disturbed thereby. All such warranties or guarantees as to materials or workmanship of or with respect to the Tenant Improvements shall be contained in the Contract or subcontract and shall be written such that such guarantees or warranties shall inure to the benefit of both Landlord and Tenant, as their respective interests may appear, and can be directly enforced by either. Tenant covenants to give to Landlord any assignment or other assurances which may be necessary to effect such right of direct enforcement.
Contractor Warranties. ParentSquare Inc., Quote #ParentSquare 01
a. Contractor expressly warrants that Contractor and any approved subcontractors have all of the rights, licenses, permits, qualifications, and consents necessary to
(i) Perform Contractor's obligations hereunder,
(ii) License the Product to the District as provided under this Contract, and
(iii) Assign the Product or Work Product under Section 17. Contractor expressly warrants that the Products and Work Product do not infringe or misappropriate the intellectual property rights of any third party.
b. Contractor expressly warrants that, for one year following delivery of the Products ("Warranty Period"), the Products and Work Product will perform substantially in accordance with the description in Exhibit B (Statement of Work) when properly operated on the designated hardware and operating system. Contractor does not warrant that operation of the Products will be error-free. EXCEPT AS OTHERWISE PROVIDED ELSEWHERE IN THE CONTRACT, CONTRACTOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
c. During the Warranty Period, Contractor shall replace defective media or materials and attempt to correct any material error or defect in the Products or Work Products. Such error correction and assistance will be provided as expeditiously as reasonably possible. This warranty does not apply to problems arising from
(i) District's alteration, modification, or misuse of the Products or Work Products;
(ii) The malfunction of District's equipment, operating system, or software not supplied by Contractor; or
(iii) Attempts to use the Products or Work Products in a manner or purpose for which it was not intended.
d. Contractor's liability in the event the Product or Work Product is defective shall be to provide a remedy as described above in Section 30.b. during the Warranty Period.
e. The warranties and limitations set forth above shall not apply to the services provided by Contractor pursuant to Exhibit G (Maintenance). The warranties and limitations for those services shall be as set forth in Exhibit G.
Contractor Warranties. Contractor represents and warrants that (i) it has all necessary rights and powers to enter into and perform its obligations under this Agreement; and (ii) the execution, delivery and performance of this Agreement by Contractor has been duly authorized by all necessary corporate action and will not conflict with, or result in any violation of or default under, any agreement between Contractor and a third party.
