Exclusivity of Warranties and Remedies Sample Clauses

Exclusivity of Warranties and Remedies. The only warranties as to Work made by Contractor are those expressly enumerated in this Article XI. Any other statements of fact or descriptions whether expressed in this Agreement, or any attachments, exhibits, schedules or appendices thereto, or in any quotations, proposals, specifications, drawings or manuals, or other documentation concerning the Work, whether in electronic form or hardcopy, shall not be deemed to constitute a warranty or guarantee of the Work or any part thereof. OWNER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CONTRACTOR HAS MADE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WORK. ALL IMPLIED WARRANTIES WITH RESPECT TO THE WORK, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY DISCLAIMED BY CONTRACTOR AND EXPRESSLY WAIVED BY OWNER. OWNER SHALL HAVE NO RIGHT OR CAUSE OF ACTION AGAINST CONTRACTOR TO ASSERT IN ANY CONTROVERSY, CLAIM, DEMAND, OR LITIGATION ARISING FROM OR IN CONNECTION WITH THE BREACH OF ANY WARRANTIES NOT EXPRESSLY STATED IN THIS CONTRACT. Correction of defects in accordance with this Article XI in the manner and during the period provided herein shall constitute complete fulfillment of, and Owner’s exclusive remedy for, all the liabilities or responsibilities of Contractor and its Subcontractors to Owner for defective or nonconforming Work, whether the claims of Owner are based in contract, in tort (including negligence and strict liability), or otherwise.
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Exclusivity of Warranties and Remedies. THE WARRANTIES AND REMEDIES SET FORTH IN THIS AGREEMENT FOR GOODS, SOFTWARE AND SERVICES ARE LIMITED WARRANTIES AND ARE EXCLUSIVE. BRISTOL EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. BRISTOL DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED. BRISTOL’S LIMITED WARRANTIES ARE IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF BRISTOL FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT. EXCEPT FOR THE LIMITED WARRANTIES, THE ENTIRE RISK OF THE PRODUCTS AND SERVICES IS WITH CUSTOMER.
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Exclusivity of Warranties and Remedies. THE WARRANTIES SET FORTH IN THIS ARTICLE ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE). The remedies set forth in this Article by correction of non-conformities in the manner and for the period of time provided shall constitute Seller's sole liability and Buyer's exclusive remedies for failure of Seller to meet its warranty obligations whether claims of the Buyer are based in contract, in tort (including negligence and strict liability), or otherwise.
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Exclusivity of Warranties and Remedies. THE WARRANTIES SET FORTH IN THIS SECTION 17 ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESSED, OR IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE). The remedies set forth in this Section 17 are the exclusive remedies of LMCLS for any failure by Astrotech to comply with its warranty obligations. Correction of non-conformance or refund of compensation paid in the manner provided herein, shall constitute complete fulfillment of all the liabilities of Astrotech for defective or nonconforming services, whether the claims by LMCLS are based in contract, in tort (including negligence and strict liability), or otherwise.
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Exclusivity of Warranties and Remedies. The warranties in this article are exclusive and in lieu of all other warranties, whether statutory, express or implied (including without limitation all warranties of merchantability and fitness for particular purposes and all warranties arising from course of dealing or usage of trade). The remedies provided herein are WCS's exclusive remedies for any failure of Commodore to comply with its obligations to treat wastes. Correction of any defect or nonconformity in the manner and for the period of time provided above shall constitute complete fulfillment of all such liabilities of Commodore whether the claims of WCS are based in contract, in tort (including negligence or strict liability), or otherwise with respect to or arising out of the products and services furnished or performed hereunder.
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Exclusivity of Warranties and Remedies. THE WARRANTIES PROVIDED HEREIN ARE EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE) SHALL APPLY. THE REMEDIES SET FORTH IN THIS AGREEMENT ARE THE EXCLUSIVE REMEDIES OF ANY PROJECT COMPANY FOR ANY FAILURE BY SES TO COMPLY WITH ITS WARRANTY OBLIGATIONS SPECIFIED HEREIN.
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Exclusivity of Warranties and Remedies. The warranties provided in this Article 13 are the exclusive remedies as to Defects and no other warranties of any kind, whether statutory, express (either oral or written), or implied (including all warranties of merchantability and fitness for a particular purpose) shall apply. The remedies set forth in this Agreement are the exclusive remedies of Owners for any failure by Contractor to comply with its warranty obligations set forth in this Article 13; provided, that such limitation shall not limit those rights or remedies available to Owners to redress Contractor’s failure to satisfy other obligations under this Agreement, including obligations to achieve Substantial Completion and Final Completion, which achievement is required to occur by the respective dates guaranteed therefor.
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Exclusivity of Warranties and Remedies. THE WARRANTIES SET FORTH IN THIS ARTICLE 21 ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE). The remedies set forth in this Article 21 are the exclusive remedies of Sea Launch/USSL for any failure by Astrotech to comply with its warranty obligations. Correction of nonconformance or refund of compensation paid in the manner provided herein, shall constitute complete fulfillment of all the liabilities of Astrotech for defective or nonconforming Services, whether the claims by Sea Launch/USSL are based in contract, in tort (including negligence and strict liability), or otherwise.
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Related to Exclusivity of Warranties and Remedies

  • Representations and Warranties Remedies and Breach 18 ARTICLE IV....................................................................35

  • Survival of Warranties and Agreements All representations and warranties made herein and all obligations of the Borrower in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents or any of the other Lenders may have come into possession or control of any Property of the Borrower or any of its Subsidiaries.

  • Survival of Warranties and Representations The parties hereto agree that all warranties and representations of the parties survive the closing of this transaction.

  • REMEDIES UPON BREACH OF REPRESENTATIONS AND WARRANTIES MADE BY SELLER 5.1 It is hereby acknowledged that Seller shall make for the benefit of the Trustee on behalf of the holders of the Certificates, whether directly or by way of Purchaser’s assignment of its rights hereunder to the Trustee, the representations and warranties set forth on Exhibit 2 hereto (each as of the date hereof unless otherwise specified).

  • NEGATION OF WARRANTIES AND INDEMNIFICATION 12.01 PHS offers no warranties other than those specified in Article 1.

  • Survival of Representations, Warranties and Covenants The representations, warranties and covenants of the Company, Parent and Merger Sub contained in this Agreement will terminate at the Effective Time, except that any covenants that by their terms survive the Effective Time will survive the Effective Time in accordance with their respective terms.

  • Survival of Representations, Warranties and Indemnities The respective agreements, representations, warranties, and indemnities contained in this Agreement will remain in full force and effect regardless of any investigation made by or on behalf of you, any Underwriter or the Company, or any of your or their respective officers or directors or controlling persons, and will survive delivery of and payment for the Securities and the Unit Purchase Option.

  • Nonsurvival of Representations, Warranties and Covenants None of the representations, warranties, covenants, obligations or other agreements in this Agreement or in any certificate, statement or instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants, obligations, agreements and other provisions, shall survive the Closing and all such representations, warranties, covenants, obligations or other agreements shall terminate and expire upon the occurrence of the Closing (and there shall be no liability after the Closing in respect thereof), except for (a) those covenants and agreements contained herein that by their terms expressly apply in whole or in part after the Closing and then only with respect to any breaches occurring after the Closing and (b) this Article X and any corresponding definitions set forth in Article I.

  • Survival of Representations Warranties and Covenants Indemnification 15.1 Survival of Representations, Warranties and Covenants. All representations and warranties contained in this Agreement shall survive the execution and delivery hereof and the Closing hereunder, and, except as otherwise specifically provided in this Agreement, shall thereafter terminate and expire on the first anniversary of the Closing Date; provided, however, that the representations and warranties set forth in Sections 4.2 (fourth and fifth sentences only), 4.3, 4.4, 4.5, 4.7, 4.11, 5.3(c), 5.4, 5.7, 6.1(c)(ii), 6.1(d), 6.1(e), 6.1(f)(i) (second, third and fourth sentences only), 6.1(f)(iv), 6.1(g)(iii), 6.1(j), 6.1(k) (last sentence only), 6.1(o), 6.2(b)(i) (eighth sentence only), 6.2(c)(ii), 6.2(d), 6.2(e), 6.2(g)(iii), 6.2.(j), and 6.2(k) shall survive until the expiration of the applicable statute of limitations. The covenants and agreements made by each party in this Agreement and the other Transaction Documents will survive the Closing without limitation (except pursuant to their terms). Any representation, warranty or covenant that is the subject of a claim or dispute asserted in writing prior to the expiration of the applicable of the above-stated periods shall survive with respect to such claim or dispute until the final resolution thereof.

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