Liability and Warranties. 7.1 Lonza gives no representation or warranty that the Patent Rights will be valid nor that the exercise of the rights granted to Licensee hereunder will not infringe other patent rights or intellectual property rights vested in Lonza or any third party.
7.2 Lonza warrants that (a) it has the power, authority and legal right to enter into this Agreement and to grant to Licensee the license rights purported to be granted hereby, (b) this Agreement and the license rights purported to be granted hereby do not conflict with, or constitute a default under, any contractual obligation of it, (c) the patents included in the Patent Rights are the only patents that must be licensed from Lonza and/or its Affiliates in order to operate the System, (d) the System Know-How is the only Know-How that must be licensed from Lonza and/or its Affiliates in order to operate the System, and (e) it has not received any suit or claim alleging that the Intellectual Property infringes the intellectual property rights of a third party.
7.3 Licensee acknowledges that it may require licences under Lonza patent rights other than those herein licensed or under third party patent rights (including those vested in Affiliates of Lonza) in order to use enhancements to or optimization tools for the System. It is hereby agreed that it shall be the Licensee’s responsibility to satisfy itself as to the need for such licences and if necessary to obtain such licences. No licence is granted save as expressly provided herein and no licence in addition thereto shall be deemed to have arisen or be implied by way of estoppel or otherwise.
7.4 Each Party (“Indemnifying Party”) shall indemnify and hold harmless the other Party (“Indemnified Party”) and its officers, employees and agents at all times in respect of any and all losses, damages, costs and expenses suffered or incurred as a result of any contractual, tortious or other claims or proceedings by third parties against Indemnified Party arising out of the Indemnifying Party’s breach of this Agreement, including breach of representations and warranties, violation of applicable law, negligence or wilful misconduct.
7.5 With respect to product liability claims or proceedings, the following shall apply: (a) except to the extent provided in (b) below, Licensee shall indemnify and hold harmless Lonza and its officers, employees and agents at all times in respect of any and all losses, damages, costs and expenses suffered or incurred as a result of any ...
Liability 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. The Custodian makes no other warranty or representation, either express or implied, as to the merchantability or fitness for any particular purpose of the information provided under this Appendix D
Liability and Warranties. 13.1 Except as expressly provided in the Contract, any terms, condi- tions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the sub- ject matter of the Contract are excluded to the maximum extent allowed by the law.
13.2 Where Interphone is not permitted to exclude its liability for any loss or damage in connection with Interphone’s breach of a Consumer Guarantee (as defined under the Australian Consumer Law), but are permitted to limit its liability for such a breach, then, unless the Custom- er is able to establish that it is not fair and reasonable for Interphone to do so, Interphone’s liability to the Customer is limited to:
a) in the case of goods: • replacement of the goods; • supply of equivalent goods; • repair of the goods; • payment of the cost of replacing the goods; • payment of the cost of acquiring equivalent goods; • payment of the cost of having the goods repaired;
b) in the case of services: • resupply of the services; or • payment of the cost of the resupply of the services. •
13.3 The limitations of liability in clause 13.2 do not apply to a breach of any Consumer Guarantee relating to goods or services of a kind ordinarily acquired for personal, domestic or household use or con- sumption.
13.4 The Customer acknowledges it has not relied on any represen- tation or warranty made by Interphone which has not been stated expressly in the Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or material published by Interphone.
13.5 Except as required by law or regulation or as set out in this Con- tract, Interphone expressly excludes all Liability for all warranties, con- ditions, non-fraudulent representations, express or implied concerning the Service, including but not limited to those relating to the availability, performance, quality or fitness for purpose of the Service.
13.6 Under no circumstances will Interphone be liable to the Customer for loss of profits, loss of contracts, loss of use of the Service or any Interruption or for any indirect economic or consequential loss whatso- ever, whether arising from negligence, breach of contract, failure of the Service or otherwise.
13.7 The provisions of this clause 13 survive the termination of the Service.
Liability and Warranties. 1. Each Party is responsible for its own actions and omissions under this Agreement.
2. Parties shall not hold each other or Aitex or the Worth Project Consortium liable for damage to property or injury arising out of the performance of the Project and/or the Agreement, unless the damage or injury was caused by negligence or willful intent of the Party causing the damage or injury.
3. Prior to and during the Project, the Parties shall inform the Worth Project Consortium forthwith on any Intellectual Property Rights of any third party, that is likely to be relevant for commercial use of the Results, in as far as the Party is reasonably aware of such intellectual property rights of any third party.
Liability and Warranties. The Custodian will use reasonable best efforts to ensure that the information provided pursuant to Article IV, Section 1 is accurate and current as of time of provision. However, due to the nature and source of this 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 if the Custodian acted reasonably. The Custodian makes no other warranty or condition, either express or implied, as to the merchantability or fitness for any particular purpose of the information provided under this Article IV.
Liability and Warranties. The Custodian will take all reasonable precautions to ensure that the information provided is accurate. However, due to the nature and source of this 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. The Custodian makes no other warranty or condition, either express or implied, as to the merchantability or fitness for any particular purpose of the information provided under this Article IV.
Liability and Warranties. 7.1 Biologics gives no representation or warranty that the Patent Rights which are patent applications will be granted or if granted will be valid nor that the exercise of the rights granted to Licensee hereunder will not infringe other patent rights or intellectual property rights vested in Biologics or any third party. Biologics represents and warrants to Licensee that as of the Effective Date that it has the title to grant the licence granted pursuant to this Agreement and that the licence granted does not conflict with or violate the terms of any agreement between Biologics and any third party.
7.2 To the best of Biologics' knowledge and belief, as of the date hereof, save for the Patent Rights there are no patent rights or patent applications with respect to the Materials and Materials Know How of which Biologics or its Affiliate is the proprietor and which are necessary to enable the Licensee to exercise the rights granted herein. In the event Biologics becomes the proprietor of patent rights with respect to the Materials and Materials Know How which are necessary to enable Licensee to exercise the rights granted herein, Biologics agrees to grant a licence under the patent rights to the extent necessary to enable the Licensee to exercise such rights at no additional charge. As of the date of this Agreement Biologics' Legal or Corporate Departments have not received any claim or demand by any third party claiming infringement of its intellectual property rights by use of the Intellectual Property in accordance with the provisions of this Agreement. Biologics agrees to notify Licensee at any time during the term of this Agreement if it receives such notice or demand.
7.3 The Licensee hereby acknowledges that in order to exploit the rights contained herein the Licensee may require licences under Biologics patent rights other than those herein licensed or under third party patent rights (including those vested in Affiliates of Biologics) that may be infringed by the use by the Licensee of the rights licensed herein and it is hereby agreed that it shall be the Licensee's responsibility to satisfy itself as to the need for such licences and if necessary to obtain such licences. No licence is granted save as expressly provided herein and no licence in addition thereto shall be deemed to have arisen or be implied by way of estoppel or otherwise.
7.4 Licensee shall indemnify and hold harmless Biologics and its officers, servants and agents at all times in res...
Liability and Warranties. 7.1 Supplier warrants that the goods possess the specified properties and are not subject to any diminution of value, for whatever reason, and conform to the prescribed specifications and all applicable legal provisions.
7.2 SFI SWITZERLAND shall notify Supplier of any obvious defect no later than 30 days as of the date of delivery. As far as hidden defects are concerned, the notification shall be made within 30 days as of the discovery of such defect. For hidden defects, the warranty period shall not commence until after those defects are identifiable.
7.3 At the election of SFI SWITZERLAND, Supplier shall replace the defective goods or rectify the defect within a reasonable period of time and bear the costs of destruction of the defective goods and transportation expenses and other related direct costs for the replaced goods. SFI SWITZERLAND is entitled to request alternatively a cancellation of the purchase order and full reimbursement of the price paid for the goods, as well as of any ancillary costs incurred in relation thereto (incl. transport, insurance, taxes).
7.4 SFI SWITZERLAND or an institution mandated by SFI SWITZERLAND shall have the right to carry out audits of the Supplier and its third-party contractors/ Suppliers.SuchcontrolmeasuresshallnotrelieveSupplierfromfullperformance of its duties under the Agreement.
7.5 Supplier shall be liable under the principle of causality for all investigation and procedural costs, official fines, actions, losses and diminutions of value caused by quality deviations.
7.6 Supplier warrants that the delivery/service to be provided to SFI SWITZERLAND shall not infringe upon any rights of third parties and Supplier shall indemnify SFI SWITZERLAND for and against all claims that are asserted for an infringement of such rights.
Liability and Warranties. Except as otherwise set forth in this agreement, WESTELCOM makes no warranties, representation, or other agreements, express or implied with respect to the Services, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. In no event shall either party be liable for special, incidental, consequential, indirect or punitive damages, loss of revenue or profit, loss of goodwill, loss or use of any property, cost of substitute performance, equipment or services, downtime costs and claims of either party for damages, even if such party is advised of the possibility of such damages. WESTELCOM is not responsible for any warranty offered by the Customer to any third party. WESTELCOM’s entire liability for any claim, loss expense of damage under this agreement or any Service Order shall in no event exceed the sum actually paid by the customer to WESTELCOM for the Services, which gives rise to the claim. WESTELCOM shall use all commercially reasonable efforts to maintain the service to the customer as specified herein.
Liability and Warranties. Except as otherwise set forth in this agreement, Teo makes no warranties, representation, or other agreements, express or implied with respect to the Services, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. In no event shall either party be liable for special, incidental, consequential, indirect or punitive damages, loss of revenue or profit, loss of goodwill, loss or use of any property, cost of substitute performance, equipment or services, downtime costs and claims of either party for damages, even if such party is advised of the possibility of such damages. Teo is not responsible for any warranty offered by the Customer to any third party. Teo’s entire liability for any claim, loss expense of damage under this agreement or any Service Order shall in no event exceed the sum actually paid by the customer to Teo for the Services, which gives rise to the claim. Teo shall use all commercially reasonable efforts to maintain the service to the customer as specified herein.
