Common use of EACH PARTY REPRESENTS AND WARRANTS THAT Clause in Contracts

EACH PARTY REPRESENTS AND WARRANTS THAT. IT SHALL OBTAIN, MAINTAIN AND COMPLY WITH ALL PERMITS, CONSENTS AND APPROVALS NECESSARY FOR SUCH PARTY TO ENTER INTO AND FULFILL ITS OBLIGATIONS UNDER THIS AGREEMENT. IN THE EVENT THAT THE SERVICE OR INFORMATION AND DATA ARE NOT AVAILABLE, INTERRUPTED, DELAYED, INCOMPLETE, INACCURATE, OR ARE OTHERWISE MATERIALLY AFFECTED AS A RESULT OF A FAILURE BY NASD TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, NASD WILL ENDEAVOR, GIVING DUE REGARD FOR THE COST, TIME, AND EFFECT ON OTHER USERS, TO CORRECT ANY SUCH FAILURE. IN THE EVENT THAT THE SERVICE OR INFORMATION AND DATA ARE NOT AVAILABLE, ARE DELAYED, ARE INTERRUPTED, ARE INCOMPLETE OR ARE NOT ACCURATE OR ARE OTHERWISE MATERIALLY AFFECTED FOR AN ENTIRE BUSINESS DAY AND REMAIN AFFECTED AT THE COMMENCEMENT OF THE IMMEDIATELY SUCCEEDING BUSINESS DAY DUE TO THE FAULT OF NASD (EXCEPT FOR A REASON PERMITTED IN THIS AGREEMENT), PARTICIPANT’S EXCLUSIVE REMEDY AGAINST NASD SHALL BE, (A) IF PARTICIPANT CONTINUES TO RECEIVE THE SERVICE OR ANY OTHER DATA AND/OR INFORMATION OFFERED BY NASD, A PRORATED MONTH’S CREDIT OF ANY MONIES DUE FOR AND DIRECTLY ATTRIBUTABLE TO THE AFFECTED SERVICE TO NASD FROM PARTICIPANT FOR THE PERIOD AT ISSUE OR, (B) IF PARTICIPANT NO LONGER RECEIVES EITHER THE SERVICE OR ANY OTHER DATA AND/OR INFORMATION OFFERED BY NASD, A PRORATED MONTH’S REFUND OF ANY MONIES DUE FOR THE AFFECTED SERVICE TO NASD FROM PARTICIPANT FOR THE PERIOD AT ISSUE. SUCH CREDIT OR REFUND SHALL BE REQUESTED BY NOTICE TO NASD WITH ALL PERTINENT DETAILS. BEYOND THE WARRANTIES STATED IN THIS SECTION, THERE ARE NO OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY (INCLUDING TITLE, OWNERSHIP, INTELLECTUAL PROPERTY INFRINGEMENT, TIMELINESS, TRUTHFULNESS, SEQUENCE, COMPLETENESS, ACCURACY, AVAILABILITY, FREEDOM FROM INTERRUPTION, ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE).

EACH PARTY REPRESENTS AND WARRANTS THAT. IT SHALL OBTAIN, MAINTAIN AND COMPLY WITH ALL PERMITS, CONSENTS AND APPROVALS NECESSARY FOR SUCH PARTY TO ENTER INTO AND FULFILL ITS OBLIGATIONS UNDER THIS AGREEMENT. IN THE EVENT THAT THE SERVICE OR INFORMATION AND DATA ARE IS NOT AVAILABLE, OR IS MATERIALLY INTERRUPTED, DELAYED, INCOMPLETE, INACCURATE, OR ARE OTHERWISE MATERIALLY AFFECTED AS A RESULT OF A FAILURE BY NASD FINRA TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, NASD WILL ENDEAVORFINRA'S ENTIRE LIABILITY AND PARTICIPANT’S EXCLUSIVE REMEDY UNDER THIS LICENSE AGREEMENT FOR SERVICE OR PROGRAM DEFECTS SHALL BE, IN FINRA'S SOLE DISCRETION, EITHER (A) THE GOOD FAITH CORRECTION OR ATTEMPTED CORRECTION BY FINRA, GIVING DUE REGARD FOR THE COST, TIME, AND EFFECT ON OTHER USERS, TO CORRECT ANY SUCH FAILUREOF REPRODUCIBLE PROGRAM DEFECTS OR THE PROVISION OF A BYPASS FOR A MATERIAL PROGRAMMING DEFECT. IN THE EVENT THAT THE SERVICE OR INFORMATION AND DATA ARE PROGRAM IS NOT AVAILABLE, ARE IS MATERIALLY DELAYED, ARE INTERRUPTED, ARE INCOMPLETE INCOMPLETE, INACCURATE OR ARE NOT ACCURATE OR ARE OTHERWISE MATERIALLY NEGATIVELY AFFECTED FOR AN ENTIRE BUSINESS DAY AND REMAIN REMAINS SO AFFECTED AT THE COMMENCEMENT OF THE IMMEDIATELY SUCCEEDING BUSINESS DAY DUE TO THE FAULT OF NASD FINRA (EXCEPT FOR A REASON PERMITTED IN THIS AGREEMENT), PARTICIPANT’S EXCLUSIVE REMEDY AGAINST NASD FINRA SHALL BE, (A) IF PARTICIPANT CONTINUES TO RECEIVE THE SERVICE OR ANY OTHER DATA AND/OR INFORMATION OFFERED BY NASDFINRA, A PRORATED MONTH’S CREDIT OF ANY MONIES DUE FOR AND DIRECTLY ATTRIBUTABLE TO THE AFFECTED SERVICE TO NASD FINRA FROM PARTICIPANT FOR THE PERIOD AT ISSUE OR, (B) IF PARTICIPANT NO LONGER RECEIVES EITHER THE SERVICE OR ANY OTHER DATA AND/OR INFORMATION OFFERED BY NASDFINRA, A PRORATED MONTH’S REFUND OF ANY MONIES DUE FOR THE AFFECTED SERVICE TO NASD FINRA FROM PARTICIPANT FOR THE PERIOD AT ISSUE. SUCH CREDIT OR REFUND SHALL BE REQUESTED BY NOTICE TO NASD FINRA WITH ALL PERTINENT DETAILS. NOTWITHSTANDING THE FOREGOING, FINRA MAKES NO WARRARITES WHATSOEVER WITH REGARD TO TESTING SERVICES. ALL SUCH TESTING SERVICES ARE PROVIDED “AS IS.” BEYOND THE WARRANTIES STATED IN THIS SECTION, THERE ARE NO OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY (INCLUDING TITLE, OWNERSHIP, INTELLECTUAL PROPERTY INFRINGEMENT, TIMELINESS, TRUTHFULNESS, SEQUENCE, COMPLETENESS, ACCURACY, AVAILABILITY, FREEDOM FROM INTERRUPTION, ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE).

EACH PARTY REPRESENTS AND WARRANTS THAT. IT SHALL OBTAIN, MAINTAIN AND COMPLY WITH ALL PERMITS, CONSENTS AND APPROVALS NECESSARY FOR SUCH PARTY TO ENTER INTO AND FULFILL ITS OBLIGATIONS UNDER THIS AGREEMENT. THE SYSTEM ALONG WITH ALL INFORMATION AND DATA IS PROVIDED AS IS. NASD WILL ENDEAVOR TO OFFER THE INFORMATION AND DATA AS PROMPTLY AND AS ACCURATELY AS IS REASONABLY PRACTICABLE. IN THE EVENT THAT THE SERVICE SYSTEM OR INFORMATION AND DATA ARE IS NOT AVAILABLE, INTERRUPTED, DELAYED, INCOMPLETE, INACCURATE, OR ARE OTHERWISE MATERIALLY AFFECTED AVAILABLE AS A RESULT OF A FAILURE BY NASD TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, NASD WILL ENDEAVOR, GIVING DUE REGARD FOR THE COST, TIME, AND EFFECT ON OTHER USERS, TO CORRECT ANY SUCH FAILURE. IN THE EVENT THAT THE SERVICE OR INFORMATION AND DATA ARE IS NOT AVAILABLE, ARE IS DELAYED, ARE IS INTERRUPTED, ARE IS INCOMPLETE OR ARE IS NOT ACCURATE OR ARE IS OTHERWISE MATERIALLY AFFECTED FOR AN ENTIRE BUSINESS DAY AND REMAIN REMAINS AFFECTED AT THE COMMENCEMENT OF THE IMMEDIATELY SUCCEEDING BUSINESS DAY DUE TO THE FAULT OF NASD (EXCEPT FOR A REASON PERMITTED IN THIS AGREEMENT), PARTICIPANTVENDOR’S EXCLUSIVE REMEDY AGAINST NASD SHALL BE, (A) IF PARTICIPANT VENDOR CONTINUES TO RECEIVE THE SERVICE INFORMATION AND DATA OR ANY OTHER DATA AND/OR INFORMATION OFFERED BY NASD, A PRORATED MONTH’S CREDIT OF ANY MONIES DUE FOR AND DIRECTLY ATTRIBUTABLE TO THE AFFECTED SERVICE INFORMATION AND DATA TO NASD FROM PARTICIPANT VENDOR FOR THE PERIOD AT ISSUE OR, (B) IF PARTICIPANT VENDOR NO LONGER RECEIVES EITHER THE SERVICE INFORMATION AND DATA OR ANY OTHER DATA AND/OR INFORMATION OFFERED BY NASD, A PRORATED MONTH’S REFUND OF ANY MONIES DUE FOR THE AFFECTED SERVICE INFORMATION AND DATA TO NASD FROM PARTICIPANT VENDOR FOR THE PERIOD AT ISSUE. SUCH CREDIT OR REFUND SHALL BE REQUESTED BY NOTICE TO NASD WITH ALL PERTINENT DETAILS. VENDOR SHALL ENSURE THAT SUBSCRIBERS AGREE TO THIS PROVISION AND SHALL REFUND ANY MONEYS DUE TO SUBSCRIBERS IN ACCORDANCE HEREWITH. BEYOND THE WARRANTIES STATED IN THIS SECTION, THERE ARE NO OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY (INCLUDING TITLE, OWNERSHIP, INTELLECTUAL PROPERTY INFRINGEMENT, TIMELINESS, TRUTHFULNESS, SEQUENCE, COMPLETENESS, ACCURACY, AVAILABILITY, FREEDOM FROM INTERRUPTION, ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE).

EACH PARTY REPRESENTS AND WARRANTS THAT. IT SHALL OBTAIN, MAINTAIN AND COMPLY WITH ALL PERMITS, CONSENTS AND APPROVALS NECESSARY FOR SUCH PARTY TO ENTER INTO AND FULFILL ITS OBLIGATIONS UNDER THIS AGREEMENT. IN THE EVENT THAT THE SERVICE OR INFORMATION AND DATA ARE IS NOT AVAILABLE, OR IS MATERIALLY INTERRUPTED, DELAYED, INCOMPLETE, INACCURATE, OR ARE OTHERWISE MATERIALLY AFFECTED AS A RESULT OF A FAILURE BY NASD FINRA TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, NASD WILL ENDEAVORFINRA'S ENTIRE LIABILITY AND PARTICIPANT’S EXCLUSIVE REMEDY UNDER THIS LICENSE AGREEMENT FOR SERVICE OR PROGRAM DEFECTS SHALL BE, IN FINRA'S SOLE DISCRETION, EITHER (A) THE GOOD FAITH CORRECTION OR ATTEMPTED CORRECTION BY FINRA, GIVING DUE REGARD FOR THE COST, TIME, AND EFFECT ON OTHER USERS, TO CORRECT ANY SUCH FAILUREOF REPRODUCIBLE PROGRAM DEFECTS OR THE PROVISION OF A BYPASS FOR A MATERIAL PROGRAMMING DEFECT. IN THE EVENT THAT THE SERVICE OR INFORMATION AND DATA ARE PROGRAM IS NOT AVAILABLE, ARE IS MATERIALLY DELAYED, ARE INTERRUPTED, ARE INCOMPLETE INCOMPLETE, INACCURATE OR ARE NOT ACCURATE OR ARE OTHERWISE MATERIALLY NEGATIVELY AFFECTED FOR AN ENTIRE BUSINESS DAY AND REMAIN REMAINS SO AFFECTED AT THE COMMENCEMENT OF THE IMMEDIATELY SUCCEEDING BUSINESS DAY DUE TO THE FAULT OF NASD FINRA (EXCEPT FOR A REASON PERMITTED IN THIS AGREEMENT), PARTICIPANT’S EXCLUSIVE REMEDY AGAINST NASD FINRA SHALL BE, (A) IF PARTICIPANT CONTINUES TO RECEIVE THE SERVICE OR ANY OTHER DATA AND/OR INFORMATION OFFERED BY NASD, A PRORATED MONTH’S CREDIT OF ANY MONIES DUE FOR AND DIRECTLY ATTRIBUTABLE TO THE AFFECTED SERVICE TO NASD FROM PARTICIPANT FOR THE PERIOD AT ISSUE OR, (B) IF PARTICIPANT NO LONGER RECEIVES EITHER THE SERVICE OR ANY OTHER DATA AND/OR INFORMATION OFFERED BY NASD, A PRORATED MONTH’S REFUND OF ANY MONIES DUE FOR THE AFFECTED SERVICE TO NASD FROM PARTICIPANT FOR THE PERIOD AT ISSUE. SUCH CREDIT OR REFUND SHALL BE REQUESTED BY NOTICE TO NASD WITH ALL PERTINENT DETAILS. BEYOND THE WARRANTIES STATED IN THIS SECTION, THERE ARE NO OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY (INCLUDING TITLE, OWNERSHIP, INTELLECTUAL PROPERTY INFRINGEMENT, TIMELINESS, TRUTHFULNESS, SEQUENCE, COMPLETENESS, ACCURACY, AVAILABILITY, FREEDOM FROM INTERRUPTION, ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE).,