Gator Warranties Sample Clauses

Gator Warranties. Gator represents and warrants that: (i) it has full power and authority to enter into this Agreement, (ii) the tax identification number set forth on the top of page 1 to this Agreement is Gator’s correct federal tax identification number and (iii) as of the Effective Date, it has the ability to fulfill its obligations under this Agreement, including but not limited to under Section 6.1, [***].
Sample 1
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Gator Warranties. Gator represents and warrants that: (i) it has full power and authority to enter into this Agreement, (ii) as of the Effective Date, it has the ability to fulfill its obligations under this Agreement, including but not limited to under Section 6.4 (Category Opt-Out Instruction) and Section 8.1 ([***]), (iii) the privacy statement and/or end user license agreement (a “XXXX”) for its applications distributed to its Users clearly inform the Users that they may be served Pop Under Windows based on viewing certain Web pages, (iv) the GAIN AdServer software (or any other software through which Pop Under Windows delivered hereunder are enabled) is programmed to uninstall when Users uninstall all GAIN Ad-Supported software from their computers using the “Add/Remove” programs feature of the Microsoft operating system and as instructed in Gator’s XXXX, (v) installation of the GAIN AdServer software (or any other software through which Pop Under Windows delivered hereunder are enabled) requires the affirmative assent of a User to Gator’s end user license agreement, (vi) its Users have access to and the opportunity to review the XXXX and privacy statement for Gator’s applications before such applications are installed onto the Users’ computers, and at all times thereafter while Gator’s applications are installed onto the Users’ computers, (vii) Gator does, and will at all times, abide by the XXXX and privacy statement, (viii) all Pop Under Windows are, and will at all times, be clearly and conspicuously branded and identified as provided by the GAIN AdServer software, and (ix) the Custom Reporting and Software does not, and will not, contain any viruses, worms, time bombs, time locks, drop dead devices, traps, access codes, trap door devices, or any other similar harmful, malicious or hidden software code, procedures, routines or mechanisms that would cause the Software to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications, or otherwise interfere with Overture’s operations. *** Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
Sample 1

Related to Gator Warranties

  • Customer Warranties Customer warrants and represents to CMC that:

  • Warranties of Seller Seller represents and warrants to Buyer as follows:

  • Representations or Warranties Any of the Representations and Warranties is discovered to have been false in any material respect when made.

  • Purchaser Warranties 8.1. The Purchaser warrants to the Seller as at the Execution Date, and, save as expressly provided otherwise, as at the Completion Date in terms of the warranties set out in Schedule 4 (“Purchaser Warranties”).

  • Warranties a. The Investor(s) makes the following representations and warranties to Escrow Agent:

  • Seller Warranties Seller hereby represents and warrants to Buyer as follows:

  • Representations, Warranties and Agreements of Seller The Seller agrees and acknowledges that it shall, as a condition to the consummation of the transactions contemplated hereby, make the representations and warranties specified in Section 3.01 and 3.02 of the Seller's Warranties and Servicing Agreement, as of the Closing Date. The meaning of the term "Agreement" as used in Sections 3.01 and 3.02 of the Seller's Warranties and Servicing Agreement shall include this Agreement. The Seller, without conceding that the Mortgage Loans are securities, hereby makes the following additional representations, warranties and agreements which shall be deemed to have been made as of the Closing Date:

  • REPRESENTATIONS AND WARRANTIES OF SELLERS Sellers represent and warrant to Buyer as follows:

  • REPRESENTATIONS AND WARRANTIES OF SELLER Seller represents and warrants to Buyer as follows:

  • REPRESENTATIONS AND WARRANTIES OF SELLER PARTIES Each Seller Party, jointly and severally, makes the following representations and warranties to Buyer:

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