Defects of title. Purchaser shall have the right to object to any defect of title which appears in the Title Documents and which renders title to the Property unmerchantable or which makes the Property unsuitable for Purchaser's Intended Use (a "defect of title"). Any objection to a defect of title must be in writing and must be received by Seller no later than the expiration of the Inspection Period (as defined in Section 4.2). Purchaser's failure to provide Seller with written notice of an objection to any title matter appearing in the Title Documents within the Inspection Period shall be deemed to be a waiver by Purchaser of any objection it might otherwise have; and all such title matters shall become additional "Permitted Exceptions." Notwithstanding the foregoing, if a defect of title is not revealed in the Title Documents and is discovered by Purchaser after the close of the Inspection Period, Purchaser shall have until five (5) days after the date of its discovery of the defect of title or the date of Closing, whichever is earlier, to provide Seller with notice of its objection to the defect of title, provided, however, that Purchaser shall be deemed to have approved and accepted any matters that are shown on the Plat as described in Section 10.6. If Seller receives timely written notice from Purchaser of a defect of title, Seller shall have the right, in its sole discretion except as otherwise specified, to (a) correct or cure the defect of title, (b) with Purchaser's consent, obtain title insurance over the defect of title through title policy endorsement or otherwise, or (c) notify Purchaser that Seller does not intend to cure or insure over the defect of title. If Seller is unable or unwilling to cure or insure over a defect of title, Purchaser shall have the right to either (a) terminate this Agreement and its obligations hereunder, or (b) waive its objection to the defect of title. If Purchaser elects to terminate this Agreement, the Title Company shall return the Earnest Money Deposit to Purchaser and neither party shall have xxx xxrther obligation hereunder. If Purchaser elects to waive its objection to the defect of title, the title matter objected to shall thereafter be considered a "
Defects of title. The warranty in section 9.4 shall not apply in case such Claim arises solely as a result of Licensee's use of the Software within one or more of the Covered Countries not in accordance with the provisions of this XXXX and the applicable Documentation, and provided: (a) the alleged or actual infringement was caused by the use of a superseded version of the Software if the infringement would have been avoided by the use of a then-current release of the Software; and (b) the alleged or actual infringement was caused by the modification of the Software by any party other than OT; (c) the alleged or actual infringement was caused by the combination or use of the Software with software, hardware, firmware, data, or technology not licensed to Licensee by OT or approved by OT in writing; or (d) unlicensed activities of the Licensee.
Defects of title. If Purchaser asserts the existence of any encumbrance, encroachment or defect in title shown on the Title Commitment that was not shown on the Preliminary Title Commitment, which is not a Permitted Exception and renders title to the Property unmarketable, and which Purchaser does not waive (any such exceptions, together with the Mandatory Removal Items, to be deemed a “Defect of Title”), Purchaser may give written notice of a Defect of Title to Seller within 5 days after the Title Commitment is delivered to Purchaser, but not later than the Closing Date (as defined in Section 6). After receiving such notice, Seller may, but will not be obligated to, remove or cure such Defect of Title. Seller may, at its option, (a) provide Purchaser with title insurance protection against any Defect of Title, in which case the Defect of Title will become a Permitted Exception but such title insurance protection will be deemed to remove or cure such Defect of Title; (b) use the proceeds from Closing to remove or cure at Closing any Defect of Title which may be removed or cured by payment of an ascertainable sum of money; or
Defects of title. 5.1 The provider is liable for infringement of third-party rights by said provider's service only insofar as the service is utilized unmodified in accordance with the contract and, in particular, in the contractually agreed or otherwise intended environment. The provider is liable for infringements of third party rights only within the European Union and the European Economic Area, and at the location of service utilization as per the contract. Item 4.1, clause 1 applies accordingly.
Defects of title. (1) Unless otherwise expressly agreed upon, Xxxxxx shall be obligated to render its Services free of third-party in- tellectual property (in the following called IP) only in the country of the place of delivery. If a third party asserts a claim against Customer based on an IP violation caused by Services rendered by Xxxxxx on the basis of this Con- tract, Xxxxxx shall be liable to Customer within the time period set forth in § 14 below as follows:
Defects of title. 7.2.1 Should the use of the goods entail the infringement of commercial proprietary rights or copyrights in the country where the goods are manufactured, Xxxx will either procure the right to continued use by the Customer or modify the goods in a manner that is reasona- ble for the Customer so that the proprietary right is no longer in- fringed or defend the Customer from any infringement claim at the expense of Xxxx.
Defects of title. 1. The supplier shall ensure that each order is free of the rights of third parties and, in particular by delivery and use of the goods, that no patents or any other industrial property rights of third parties in the country of the agreed upon place of destina- tion, in the European Union and – insofar as the supplier be informed - in the in- tended country of use are infringed upon.
Defects of title. 6.1. The software supplied or transferred by the licensor is free of the rights of third parties having a contractual right of use, excluding normal commercial retention of title.
Defects of title. 6.8 If the use of the delivered item results in a breach of commercial property rights or copyrights in Germany, the Seller will, as a matter of principle and at his own expense, obtain the right to further use on behalf of the Buyer or modify the delivered item in a way that the Buyer can reasonably be expected to accept so that the breach of property rights no longer exists. If this is not possible under economically reasonable conditions or within a reasonable time period, the Buyer may rescind the contract. Under the said conditions, the Seller too shall have the right to rescind the contract. Moreover, the Seller shall indemnify the Buyer against undisputed and legally established claims of the owners of the respective property rights.
Defects of title. 8.2.1 If the use of the delivery item causes an infringement of national intellectual property rights or copyrights, the Supplier shall, at its own cost, in principle provide the Purchaser with the right to use the delivery item, or modify the delivery item in a way not unreasonable for the Purchaser as to avoid any further infringement of intellectual property rights.
