FITNESS FOR A PARTICULAR PURPOSE. Titusville assumes no liability for losses, damages, or legal judgments resulting from Participating District’s use of any product or service provided to Participating District under this Agreement.
FITNESS FOR A PARTICULAR PURPOSE. Except as otherwise provided herein, in no event will either party be liable for any indirect, special, consequential, incidental or contingent damages in connection with the purchase, use or sale of the Products. Notwithstanding anything to the contrary contained herein, in the event that Sherwood-D&G fails to deliver to Customer Products meeting the Specifications, on a timely basis, as required by any Customer purchase orders delivered to and accepted by Sherwood-D&G pursuant to this Agreement, Customer shall be entitled, in addition to any other remedy available to it, to recover the profits that Customer would have made on the sale of single-use syringes that would have incorporated such Products had such Products been delivered. 5 (d) Upon notification by Customer to Sherwood-D&G that there has been or may be a claim threatened or suit for damages instituted against Customer for personal injury or property damage related to use of the Products, Sherwood-D&G, its successors and assigns shall defend, indemnify and save harmless Customer, its employees, officers, subsidiaries and affiliated companies, their successors and assigns, against such claim or suit if based upon or arising out of an alleged defect in the Product, unless such claim or suit is based upon or arises out of an alleged defect (i) in the design of the Product, provided that the design of the Product (less the Plunger) is not defective as used by Sherwood-D&G for its standard line of hypodermic syringes, or (ii) created by the combination of the Component Sets with the Plunger, or (iii) caused by the assembly process in which the Component Sets and Plungers are assembled into complete single-use syringes; or is otherwise based upon or arises out of any negligent or intentional acts or omissions of Customer. It shall be prima facie evidence that a Product is defective if it fails to meet the Specifications. Sherwood-D&G shall maintain comprehensive General Liability Insurance, including contractual and product liability, in amounts not less than $1,000,000 per occurrence and $3,000,000 annual aggregate on a date of occurrence basis (not a date of claim basis). Upon request, Sherwood-D&G shall submit a certificate evidencing such insurance to Customer,, which certificate shall provide that the insurance policy evidenced thereby may not be canceled or reduced in amount without thirty (30) days prior notification to Customer. In the event of any claim or suit arising under this indemnity, ...
FITNESS FOR A PARTICULAR PURPOSE. In no event shall AEPC™ be liable to Client for any loss or damage of any kind in any way relating to the performance of any repair and maintenance work by an OEM Authorized, FAA Licensed (or their counterparts worldwide) Repair Facility acceptable to AEPC™ or any other maintenances provided by third parties in connection with this Agreement, whether based on breach of contract, tort, or any other theory or doctrine.
FITNESS FOR A PARTICULAR PURPOSE. The ONEKEY™ MLS Service may contain hyperlinks to web sites operated by parties other than ONEKEY™ MLS; ONEKEY™ MLS does not control such web sites, is not responsible for their contents, does not endorse the sites or contents, and may have no relationship with the sites’ operators.
FITNESS FOR A PARTICULAR PURPOSE. The Parties further understand and agree that in the performance of work under this Agreement, Licensee and its agents, employees, contractors and subcontractors will work near electrically energized lines, transformers, or other City Facilities, and it is the intention that energy therein will not be interrupted during the continuance of this Agreement, except in an emergency endangering life, grave personal injury, or property. Licensee shall ensure that its employees, agents, contractors and subcontractors have the necessary qualifications, skill, knowledge, training, and experience to protect themselves, their fellow employees, employees of City, and the general public, from harm or injury while performing work permitted pursuant to this Agreement. In addition, Licensee shall furnish its employees, agents, contractors and subcontractors with competent supervision and sufficient and adequate tools and equipment for their work to be performed in a safe manner, and shall require its contractors and other agents to comply with all applicable federal, state and local laws, rules and regulations. Licensee, and its employees and contractors, shall utilize and install adequate protective equipment to ensure the safety of people and facilities. Licensee agrees that in emergency situations in which it may be necessary to de-energize any part of City’s equipment, Licensee shall ensure that work is suspended until the equipment has been de-energized and that no such work is conducted unless and until the equipment is made safe.
FITNESS FOR A PARTICULAR PURPOSE. All warranties run to the benefit of Avanex. Avanex's approval of CMI's materials will not relieve CMI of any warranties.
FITNESS FOR A PARTICULAR PURPOSE. Elite and Xxxxxx each agrees to notify the other within twenty-four (24) hours of any serious and unexpected adverse reactions reported to either of them resulting from the use of the Product (whether inside or outside of the Territory). Elite and Xxxxxx shall each notify the other promptly of any other complaints or adverse reactions from third parties reported to either of them resulting from use of the Product sold under Xxxxxx' label.
FITNESS FOR A PARTICULAR PURPOSE. If the transactions available to the Strong Funds include the ability to originate electronic instructions to the Transfer Agent in order to (i) effect the transfer or movement of cash or Shares or (ii) transmit Shareholder information or other information, then in such event the Transfer Agent shall be entitled to rely on the validity and authenticity of such instruction without undertaking any further inquiry as long as such instruction is undertaken in conformity with security procedures established by the Transfer Agent from time to time.
FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant that the Licensed Technology or the Tests will meet the particular needs of Licensee or its customers. THE WARRANTIES MADE IN THIS ARTICLE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY, WHETHER EXPRESS OR IMPLIED.
FITNESS FOR A PARTICULAR PURPOSE. Seller shall assign to Buyer the benefits of the vendor/manufacturer's warranty which Seller may receive from vendor/manufacturer with respect to such equipment. Seller will furnish Buyer with a copy of the standard warranty which may be applicable to the machine from the vendor/manufacturer. Seller agrees to test such equipment and process all returns or warranty. Seller agrees to take no action nor fail to take any action which would make vendors/manufacturers warranty inapplicable to the Buyer unless requested to do so by the Buyer.
