Extent of Warranties. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER CORIXA NOR INTROGEN MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Extent of Warranties. In consideration of the Purchaser agreeing to purchase the Shares on the terms contained in this Agreement, the Warrantors hereby:
9.1.1 in relation to the Company and each of the Subsidiaries warrant, represent and undertake to the Purchaser contracting for itself and for any successor in title to the Shares or to part or all of the Business in the terms set out in Schedule 6;
9.1.2 in relation to the Company and each of the Subsidiaries warrant, represent and undertake to the Purchaser contracting as referred to in clause 9.1.1 that the Warranties will be true and accurate in all material respects (unless the relevant Warranty is qualified as to materiality, in which case such Warranty will be true and accurate in all respects) and not misleading at and fulfilled down to Completion in all respects as if they had been made or given at Completion and on the basis that a reference to the actual time of Completion were substituted for any express or implied reference to the time of this Agreement;
9.1.3 undertake that (save only as may be necessary to give effect to this Agreement) they shall not, and shall procure (as far as they can) that the Company and the Subsidiaries shall not, prior to Completion, do any act or thing or omit to do any act or thing the commission or omission of which would constitute a breach of any of the Warranties if they were given at Completion or which would make any of the Warranties untrue or inaccurate or misleading if they were so given on the basis mentioned in clause 9.1.2;
9.1.4 without restricting the rights of the Purchaser or any successor in title to the Shares or their ability to claim damages on any basis available to them in the event of any breach or non- fulfilment of any of the Warranties, undertake to the Purchaser contracting as aforesaid that the Warrantors will on demand pay to the Purchaser or such successors:
(a) the full amount of any shortfall or diminution in the value of any assets of the Company or any of the Subsidiaries or of the Business and an amount equal to any other loss suffered or incurred by the Purchaser, the Company, any of the Subsidiaries or any such successor as a result of or in relation to any act, matter, thing or circumstance constituting a breach or non-fulfilment of any of the Warranties; and
(b) all costs, expenses and disbursements suffered or incurred by the Purchaser, the Company, any of the Subsidiaries or any such successor directly or indirectly as a result of or in relation...
Extent of Warranties. If an Autani Product is subject to federal or state consumer warranty laws, Autani's statement of limited warranty applies in place of these warranty laws. The warranties stated above will not apply to the extent that there has been misuse (including but not limited to use of any Product capacity or capability, other than that authorized by Autani in writing), accident, modification, unsuitable physical or operating environment, operation in other than the Specified Operating Environment, improper maintenance by Buyer, or failure caused by a product for which Autani is not responsible. The warranty is voided by removal or alteration of hardware or parts identification labels. THESE WARRANTIES ARE BUYER’S EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Extent of Warranties. (a) The warranties of Company, together with any applicable service guarantees, shall run to Motorola. However, Company agrees that Motorola can direct Customers who experience warranty problems with Products to ship the relevant item, on behalf of Motorola, directly to the Company and on direction of Motorola, the Company shall drop ship to the location of the relevant Customer items that have been repaired or replaced pursuant to the Company warranty. Any NFF charges in connection with any such direct shipments shall remain, as between the Company and Motorola, the responsibility of Motorola, however, Company shall be responsible for costs of shipping NFF Products back to Motorola or its Customers.
(b) THE WARRANTIES IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE SPECIFICALLY EXCLUDED AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Extent of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ABI AND SYNOVA EACH DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Extent of Warranties. The warranties provided by the Translator/Unreserved Legal Consultant under the terms of this Contract are comprehensive and supersede all other warranties, both express and implied. This extends to but is not limited to any implied warranties of merchantability or fitness for a particular purpose with respect to the Final Material.
Extent of Warranties. In consideration of the Purchaser agreeing to purchase the Shares on the terms contained in this Agreement, the Vendors hereby:
9.1.1 in relation to the Company and each of the Subsidiaries warrant, represent and undertake to the Purchaser in the terms set out in Schedule 4;
9.1.2 without restricting the rights of the Purchaser to claim damages on any basis available to it in the event of any breach or non-fulfilment of any of the Warranties, undertake to the Purchaser that the Vendors will on demand pay to the Purchaser :
(a) the full amount of any shortfall or diminution in the value of any assets of the Company or any of the Subsidiaries or of the Business as a result of or in relation to any act, matter thing or circumstance constituting a breach or non-fulfilment of any of the Warranties; and
(b) all costs, expenses and disbursements suffered or incurred by the Purchaser, the Company, any of the Subsidiaries or any such successor directly or indirectly as a result of or in relation to any breach or non-fulfilment of any of the Warranties, provided that any amount so payable shall be increased so as to ensure that the net amount received by the Purchaser or any such successor shall after Taxation be equal to that which would have been received had the payment and any increased payment not been subject to Taxation.
Extent of Warranties. Obligation to make enquiries 8.3 Investigation by Buyer 8.4 Information supplied by the Company 8.5 Separate and independent warranties 8.6 Reliance
Extent of Warranties. In consideration of the Buyer agreeing to purchase the Shares on the terms contained in this Agreement, the Warrantors hereby warrant to the Buyer, the Company and ADAB in the terms set out in Schedule 4.
Extent of Warranties. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE MATERIALS ARE SUPPLIED "AS IS" AND CORIXA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH REGARD TO THE MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY OTHER STATUTORY WARRANTIES OR ANY WARRANTY OF PATENTABILITY OR NONINFRINGEMENT.
