Liabilities and Warranties. While the Custodian will take reasonable precautions to ensure that information provided is accurate, the Custodian shall have no liability with respect to information provided to it by third parties. Due to the nature and source of information, and the necessity of relying on various information sources, most of which are external to the Custodian, the Custodian shall have no liability for direct or indirect use of such information.
Liabilities and Warranties. 16 ARTICLE
Liabilities and Warranties. If the CONTRACTOR or any of its Subcontractors breaches this Contract or any of regulations when determining the purposes and means of processing, it shall be considered accountable for such processing, assuming all direct and indirect liabilities that may arise for EDPR as a result of such breach on the part of the processor.
Liabilities and Warranties. 13 ARTICLE
Liabilities and Warranties. 12.1 Each Party represents and warrants that (i) at the Effective Date, it owns its Background, free and clear of all liens, encumbrances and security interests, and has full rights to grant the rights granted to the other Party under this Agreement (ii) at the Effective Date, no claim for which there has not been prior disclosure to the other Party has been threatened to the best of its knowledge or asserted against such Party which challenges the legality, validity, enforceability, use, ownership or inventorship of the Background made available hereunder by such Party and (iii) at the Effective Date, to such Party’s knowledge there is no unauthorized use, infringement, or misappropriation of the Background by any third party.
12.2 Each Party represents and warrants that neither the execution and delivery of this Agreement nor any other document to be executed thereunder by such Party, nor the performance of its obligations and rights contemplated hereunder will conflict with, result in a breach of, or constitute a default under any other contract to which it is a party (whether or not such contract is entered into before the Effective Date).
12.3 Each Party represents and warrants that it shall not disclose or cause to be disclosed hereunder to another Party, without such other Party’s prior written consent, any Excluded Information. Such prior written consent of Recipient (if any) shall always be subject to its receipt with reasonable advance written notice from Discloser sufficiently detailed, in Recipient’s reasonable view, to assess any and all third party rights and/or obligations applicable to such information, trade secrets or materials.
12.4 Subject to other provisions of Section 12, the Parties make no representation or warranty, express or implied, regarding any information, rights, products or technology they have made available to each other hereunder, or regarding their completeness, merchantability, or fitness for a particular use, and each Party disclaims all implied representations and warranties provided by statute or common law. In addition, any information, technology or products disclosed hereunder between the Parties for the purposes of the IJDP or Additional Development Programs may contain forward-looking statements, estimates and projections that are based on observations of past performance only, and are subject to a number of risks, uncertainties and assumptions, many of which are beyond the control of the Party disclosing such ...
Liabilities and Warranties. Each party shall be responsible for the acts and omissions of its employees and agents to the extent permitted by law. This Agreement contains no promise of indemnification, express or implied, between the parties. Neither party makes any express or implied warranties as to any matter, including the condition, originality or accuracy of the research or ownership, merchantability or fitness for a particular purpose of the research or any invention arising therefrom. Even if advised of the possibility of such damages, in no event shall either party be liable for personal injury or loss, work stoppage, lost data, or any other reliance or expectancy damages, direct or indirect, or for special or consequential damages of any kind.
Liabilities and Warranties. 14 1. Compensation................................................................................................................ 14 2. Insolvency of Foreign Custodians........................................................................... 14
Liabilities and Warranties. While Mellon will take reasonable precautions to ensure that information provided is accurate, Mellon shall have no liability with respect to information provided to it by third parties other than Mellon's affiliates. Due to the nature and source of information, and the necessity of relying on various information sources, most of which are external to Mellon, Mellon shall have no liability for direct or indirect use of such information from third parties other than Mellon's affiliates.
Liabilities and Warranties. 11 ARTICLE IV - ADMINISTRATION SERVICES.............................................................................
Liabilities and Warranties. 11.1 Except as otherwise provided in this Agreement, each Party shall at all times during the term of this Agreement and thereafter, indemnify, defend and hold the other Party or, as the case may be, any other prejudiced party, harmless against all claims, liabilities, damages, expenses or costs (including attorneys’ and experts’ fees) of any kind whatsoever, arising out of a breach by this Party of its obligations under this Agreement. In addition, Iso shall be liable for any negligence, act or omission of its Personnel and any other third party having obtained information regarding the Agreement from Iso which would result in the infringement of the Intellectual Property Rights or the other rights of IBt. In addition, IBt shall be liable for any negligence, act or omission of its Personnel and any other third party having obtained information regarding the Agreement from IBt which would result in the infringement of the intellectual property rights or the other rights of Iso.
11.2 Except as otherwise provided in this Agreement, IBt, its Personnel and affiliates make no warranties of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, feasibility of the project contemplated under this Agreement, validity of Licensed Patents. Nothing in this Agreement shall be construed as a warranty that the practice by Iso of the Licensed Patents shall not infringe the intellectual property rights of any third party. IBt, its Personnel and affiliates shall not be liable for indirect damages except if due to their will-full misconduct. IBt's liability under the Agreement shall in any event be limited to the amounts paid by Iso to IBt under the Agreement.
