Common use of Disclaimer of Other Warranties Clause in Contracts

Disclaimer of Other Warranties. (a) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 2.2, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE, OR WARRANTY GIVEN, BY LOEB THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION, THAT ANY PATENT WHICH ISSUES WILL BE VALID, OR THAT THE LICENSED TECHNOLOGY OR LICENSED PRODUCTS WILL NOT INFRINGE THE PATENT OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. FURTHERMORE, LOEB MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED TECHNOLOGY OR LICENSED PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (b) NEITHER PARTY SHALL BE LIABLE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OR (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES.

Disclaimer of Other Warranties. (a) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 2.2SECTIONS 2.2 AND 2.3, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE, OR WARRANTY GIVEN, BY LOEB UNIVERSITIES THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION, THAT ANY PATENT WHICH ISSUES WILL BE VALID, OR THAT THE LICENSED TECHNOLOGY RESULTS OF ANY SPONSORED RESEARCH PROGRAM OR LICENSED THE PRODUCTS WILL NOT INFRINGE THE PATENT OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. FURTHERMORE, LOEB MAKES UNIVERSITIES MAKE NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED TECHNOLOGY TECHNOLOGY, THE LICENSED PATENTS, THE RESULTS OF ANY SPONSORED RESEARCH PROGRAM OR LICENSED THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (b) NEITHER PARTY . UNIVERSITIES SHALL NOT BE LIABLE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT UNDER FOR ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY INDIRECTDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES SUFFERED BY BDS OR (II) COST ANY OTHER PERSON RESULTING FROM THE USE OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICESANY PRODUCT.

Disclaimer of Other Warranties. (a) EXCEPT OTHER THAN AS EXPRESSLY PROVIDED IN SECTION 2.2THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE, OR WARRANTY GIVEN, BY LOEB THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION, THAT ANY PATENT WHICH ISSUES WILL BE VALID, OR THAT THE LICENSED TECHNOLOGY OR LICENSED PRODUCTS WILL NOT INFRINGE THE PATENT OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. FURTHERMORE, LOEB SUPPLIER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED TECHNOLOGY OR LICENSED PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. (b) . THE WARRANTIES MADE IN THIS AGREEMENT ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND ANY OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF SUPPLIER, WHICH NEITHER PARTY ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SERVICES AND DELIVERABLES. ALL WARRANTIES ARE NULL AND VOID IF THE CLIENT, OR ANY OTHER PARTY, ALTERS OR MODIFIES THE DELIVERABLES AFTER DELIVERY. FOR DELIVERABLES NOT CREATED OR MANUFACTURED BY SUPPLIER, NO WARRANTIES EITHER EXPRESSED OR IMPLIED ARE MADE; AND CLIENT’S RECOURSE SHALL BE LIABLE SOLELY AGAINST THE CREATOR OR MANUFACTURER. SUPPLIER MAKES NO WARRANTY THAT THE VEHICLE WHEN PLACED IN OPERATION AND USE BY CLIENT WILL COMPLY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACTFEDERAL, NEGLIGENCESTATE, STRICT LIABILITY LOCAL, OR OTHER LEGAL PROVINCIAL LAW, RULE, REGULATION, OR EQUITABLE THEORY FOR (I) ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OR (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICESORDINANCE.

Disclaimer of Other Warranties. (a) EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 2.25, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE, OR WARRANTY GIVEN, BY LOEB THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION, THAT ANY PATENT WHICH ISSUES WILL BE VALID, OR THAT THE LICENSED TECHNOLOGY OR LICENSED PRODUCTS WILL NOT INFRINGE THE PATENT OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. FURTHERMORE, LOEB MAKES NO ALL OTHER REPRESENTATIONS OR WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED TECHNOLOGY ARISING BY LAW, CUSTOM, ORAL OR LICENSED PRODUCTSWRITTEN STATEMENTS OF SRS OR ANY OF ITS REPRESENTATIVES (INCLUDING ANY WARRANTIES OF MERCHANTABILITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (b, OR OF ERROR- FREE AND UNINTERRUPTED USE) NEITHER PARTY SHALL BE LIABLE WITH RESPECT RELATING TO THE SUBJECT MATTER OF SOFTWARE, THE UPDATES, THE DOCUMENTATION, THE SUPPORT SERVICES, OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY SRS OR ITS AFFILIATES IN CONNECTION WITH THIS AGREEMENT UNDER ARE HEREBY SUPERSEDED, EXCLUDED AND DISCLAIMED BY SRS. NEITHER THIS AGREEMENT, ANY CONTRACTSUPPLEMENTAL SCHEDULE, NEGLIGENCETHE DOCUMENTATION, STRICT LIABILITY NOR ANY OTHER DOCUMENTATION FURNISHED IN RELATION TO THIS AGREEMENT IS INTENDED TO PROVIDE, EITHER EXPRESS OR IMPLIED, ANY WARRANTY THAT THE SOFTWARE, SUPPORT AND/OR ANY OTHER LEGAL SERVICES PROVIDED BY SRS WILL BE UNINTERRUPTED, TIMELY OR EQUITABLE THEORY FOR (I) ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OR (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICESERROR FREE.

Disclaimer of Other Warranties. (a) THE EXPRESS WARRANTIES IN SECTIONS 7.1THROUGH 7.3 ARE IN LIEU OF, AND EACH PARTY HEREBY DISCLAIMS, ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 2.2SECTIONS 7.1THROUGH 7.3, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE, OR WARRANTY GIVEN, BY LOEB THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION, THAT ANY PATENT WHICH ISSUES WILL BE VALID, OR THAT THE LICENSED PATENTS, LICENSED TRADEMARKS AND LICENSED TECHNOLOGY OR ARE LICENSED PRODUCTS WILL NOT INFRINGE AND PROVIDED BY THE PATENT OR PROPRIETARY RIGHTS LICENSOR AND ITS SUBSIDIARIES “AS IS,” WITHOUT WARRANTY OF ANY THIRD PARTY. FURTHERMOREKIND, LOEB MAKES AND EACH LICENSOR AND ITS SUBSIDIARIES ASSUME NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE LICENSED TECHNOLOGY OR LICENSED PRODUCTSMANUFACTURE, INCLUDINGUSE, WITHOUT LIMITATIONSALE, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (b) NEITHER PARTY SHALL BE LIABLE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL DISPOSITION BY LICENSEE OR EQUITABLE THEORY FOR (I) ANY INDIRECTITS SUBLICENSED SUBSIDIARIES OR MINORITY AFFILIATES, CONSEQUENTIALOR THEIR RESPECTIVE CUSTOMERS OF PRODUCTS OR SERVICES INCORPORATING OR UTILIZING INVENTIONS, PUNITIVE TRADEMARKS OR OTHER DAMAGES OR (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICESLICENSED UNDER THIS AGREEMENT.

Disclaimer of Other Warranties. (a) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 2.2SECTIONS 2.2 AND 2.3, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE, OR WARRANTY GIVEN, BY LOEB WASHINGTON THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION, THAT ANY PATENT WHICH ISSUES WILL BE VALID, OR THAT THE LICENSED TECHNOLOGY USE OF THE COMPOUND, THE RESULTS OF ANY SPONSORED RESEARCH PROGRAM OR LICENSED THE PRODUCTS WILL NOT INFRINGE THE PATENT OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. FURTHERMORE, LOEB WASHINGTON MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED TECHNOLOGY TECHNOLOGY, THE LICENSED PATENTS, THE COMPOUND, THE RESULTS OF ANY SPONSORED RESEARCH PROGRAM OR LICENSED THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (b) NEITHER PARTY . WASHINGTON SHALL NOT BE LIABLE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT UNDER FOR ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY INDIRECTDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES SUFFERED BY ALTEON OR (II) COST ANY OTHER PERSON RESULTING FROM THE USE OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY THE COMPOUND OR SERVICESANY PRODUCT.