EXCEPT FOR THE WARRANTIES Sample Clauses
EXCEPT FOR THE WARRANTIES. EXPRESSLY STATED AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DELIVERABLES ARE PROVIDED “AS IS”. THE SUPPLIER AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE SUPPLIER DOES NOT WARRANT THAT (A) THE DELIVERABLES WILL MEET TELUS REQUIREMENTS, (B) USE THEREOF SHALL BE UNINTERRUPTED OR ERROR-FREE, OR (C) THE DELIVERABLES WILL PROTECT AGAINST ALL POSSIBLE THREATS WHETHER KNOWN OR UNKNOWN.
10.1 Without derogating from the obligations of the Supplier in Section 6 -or in the SLA, in the event TELUS determines that a Deliverable fails to materially conform to the Service Requirements, TELUS may notify the Supplier in writing that a condition requiring a workaround exists. Upon receipt of such a notice, the Supplier will, as soon as possible and in any event within five (5) Business Days of such receipt, present to TELUS, a workaround plan to address the non-conformity, for TELUS’ approval, which will not be unreasonably withheld. Following approval by TELUS of such workaround plan, the Supplier will immediately implement the plan and shall take all commercially reasonable measures to prevent recurrence of the failure or non-conformity. Preparation and implementation of the workaround plan will be at the Supplier’s sole cost and expense. During the period that such workaround plan is in effect, the Supplier will use its best efforts to find and implement a permanent solution for the failure to conform to the Service Requirements.
EXCEPT FOR THE WARRANTIES. EXPRESSLY STATED AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED “AS IS”. AECO ENERGY MAKES NO OTHER WARRANTIES AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. AECO ENERGY DOES NOT WARRANT THAT (I) THE PLATFORM WILL MEET REQUIREMENTS OF CLIENT, (II) THE USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR (III) THE PLATFORM WILL BE PROTECTED AGAINST ALL POSSIBLE THREATS WHETHER KNOWN OR UNKNOWN.
EXCEPT FOR THE WARRANTIES. EXPRESSLY STATED AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED “AS IS”. PALO ALTO NETWORKS AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PALO ALTO NETWORKS DOES NOT WARRANT THAT (I) THE PRODUCTS WILL
EXCEPT FOR THE WARRANTIES. EXPRESSLY MADE IN THIS ARTICLE 11, NEITHER PARTY MAKES ANY OTHER REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, KNC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE EVEN WHEN THE USE OR PURPOSE IS KNOWN TO KNC.
EXCEPT FOR THE WARRANTIES. EXPRESSLY SET OUT IN CLAUSE 6.1, XXX INFORMATION AND ACCESS TO THE WEBSITE IS PROVIDED "AS IS" AND ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH SUBSCRIBER. XXX DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. XXX SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT XXX INFORMATION OR THE WEBSITE WILL MEET SUBSCRIBER’S REQUIREMENTS, THAT THE OPERATION OR USE OF XXX INFORMATION AND/OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN XXX INFORMATION OR THE WEBSITE WILL BE CORRECTABLE OR CORRECTED, OR THAT XXX INFORMATION IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.
EXCEPT FOR THE WARRANTIES. EXPRESSLY PROVIDED FOR IN SECTIONS 2.3, 2.7, 7.8 AND 9.1, AND SUBJECT TO THE PARTY'S RESPECTIVE OBLIGATIONS UNDER SECTION 15, EACH PARTY'S RESPECTIVE PRODUCTS, SERVICES, AND TECHNOLOGY (INCLUDING WITHOUT LIMITATION ANY HARDWARE, SOFTWARE AND FIRMWARE) ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, AND EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HEALTH HERO DOES NOT WARRANT THAT THE HH SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. AMAC DOES NOT WARRANT THAT ITS ERC SERVICE WILL BE UNINTERRUPTED OR WILL NOT SUFFER DOWN TIME OR OTHER OUTAGES. EACH PARTY FURTHER UNDERSTANDS AND AGREES THAT THE OTHER PARTY IS NOT RESPONSIBLE FOR ANY HARDWARE, SOFTWARE OR OTHER PRODUCTS OR SERVICES PROVIDED BY PERSONS OTHER THAN SUCH PARTY, INCLUDING WITHOUT LIMITATION ANY SERVICES (INCLUDING DISEASE MANAGEMENT OR CARE MANAGEMENT SERVICES OR PERS SERVICES OR HH SERVICES) PROVIDED BY OR ON BEHALF OF SUCH PARTY AND/OR ANY OTHER PERSON OR BUSINESS ENTITY.
EXCEPT FOR THE WARRANTIES expressly set forth in a ppendix “A”, Contractor and its licensors and suppliers make no express or implied warranties or representations with respect to the subject matter of this agreement (including, without limitation, anything provided hereunder) and hereby disclaim all warranties of any kind, including, without limitation, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
EXCEPT FOR THE WARRANTIES. EXPRESSLY SET FORTH IN SECTION H (1) OF THIS AGREEMENT, AND EXCEPT FOR ANY OTHER WARRANTIES EXPRESSLY SET FORTH IN OTHER WRITTEN AGREEMENTS SUBSEQUENTLY EXECUTED BY THE PARTIES WITH RESPECT TO THIS AGREEMENT, THE PARTIES HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT OR ANY PRODUCTS OR SERVICES PROVIDED OR TO BE PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITATION OF THE FOREGOING, THE PARTIES DO NOT WARRANT, GUARANTY OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF ANY PRODUCTS OR SERVICES PROVIDED OR TO BE PROVIDED HEREUNDER, AND EXPRESSLY DISCLAIM ANY WARRANTIES THAT ANY SUCH PRODUCTS WILL RUN UNINTERRUPTED OR WILL BE ERROR FREE.
EXCEPT FOR THE WARRANTIES. EXPRESSLY MADE IN SECTIONS 6.1-6.2, NeITHER PARTY MAKES ANY OTHER REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED (WHETHER WRITTEN OR ORAL), INCLUDING, WITHOUT LIMITATION ANY WARRANTY AGAINST INFRINGEMENT OF ANY THIRD PARTY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS, ANY WARRANTY OF MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE NeoMorph Screening Library, the NeoMorph Focused Libraries, QSCD, the Preliminary Compounds, the Primary Active Compounds, the Selected Compounds, the LEAD Compounds, THE SCREENING TARGETS, THE PRODUCTS, THE NeoGenesis intellectual property, THE Aventis intellectual property, THE SCOPE, VALIDITY OR ENFORCEABILITY OF THE NeoGenesis PATENT RIGHTS OR THE Aventis PATENT RIGHTS, OR SUCH PARTy'S OBLIGATIONS UNDER THIS AGREEMENT.
EXCEPT FOR THE WARRANTIES. EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS" AND EACH OF CLKS AND NIIT EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT THE SOFTWARE WILL BE FREE OF INTERRUPTIONS OR ERRORS. 12. COPYRIGHT, PATENT, TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
12.1 NIIT hereby irrevocably sells, assigns, transfers and conveys to CLKS all right, title and interest in and to the Software, inclusive of all Intellectual Property Rights in or applicable to the Software or its operation. NIIT acknowledges and agrees that all of the copyright, patents and other Intellectual Property Rights in or applicable to the Software or its operation are and shall remain the sole property of CLKS. Except as explicitly authorized pursuant to clause 13 below, NIIT must not itself or through any affiliate, agent or third party, copy, sell, lease, licence, sub-license or otherwise deal with the Software for any purpose.
12.2 NIIT must, on being requested by CLKS, provide evidence of its having obtained all permissions, authorisations, licences and consents in relation to the performance by it of the Project Work and the assignment and transfer of the Software.