Liability and Warranties. 7.1 Subject to and except for the limited warranty set forth in Clause 7.2 and Clause 7.3, Lonza gives no representation or warranty that (a) the Patent Rights (Lonza) or Patent Rights (Third Party) that are patent applications will be granted, or, if granted, will be valid, or (b) 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 it has the right to grant the rights and licenses granted under this Agreement. Lonza warrants that the patents included in the Patent Rights (Lonza), and the GS System Know-How, and the CDACF Version 8 Know-How, are the only patents rights and Know-How that must be licensed from Lonza and/or its Affiliates in order to operate the System including the CDACF Version 8 System as permitted by the terms of this Agreement.
7.3 To Lonza’s knowledge, the grant by Lonza of and the proper exercise of the licenses and sublicenses granted by Lonza pursuant to this Agreement do not infringe or involve the misuse or misappropriation of any Intellectual Property Rights of any Third Party or any other Intellectual Property Rights of Lonza or its Affiliates. The Licensee hereby acknowledges that in order to fully exploit the rights granted under this Agreement the Licensee may require licences under patent rights of Lonza or its Affiliates (other than those herein licensed) or under patent rights of Third Parties that may be infringed by the use by the Licensee of the rights licensed under this Agreement, 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; provided that any such patent rights vested in Lonza or its Affiliates which are necessary for Licensee and its Affiliates and their Sublicensees to operate the System as permitted by the terms of this Agreement shall be automatically included within the Intellectual Property Rights licensed to Licensee hereunder.
7.4 Each Party (“Indemnifying Party”) shall defend, indemnify and hold harmless the other Party and its Affiliates, and its and their respective officers, employees and agents (each an “Indemnified Party”) at all times in respect of any contractual, tortious or other claims or proceedings by Third Parties (collectively “Third Party Claims”) against Indemnified Party and any and all losses, damages, costs and expenses payable to such T...
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 use reasonable best efforts 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. 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. 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. The Site and the Content made available through the Site are provided on an "AS IS" and "AS AVAILABLE" basis. LEC, its affiliates, and third party Content providers DO NOT make any warranties of any kind with respect to the Site or Content, including, but not limited to the following: • that the Site will be error-free; • that the Site will not be interrupted; • that the Site will be secure; • that the Content is accurate or reliable; or • that the Content and any files available for downloading are virus-free. LEC, and any of its affiliates shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of, or inability to use the Site, even if they have been advised of the possibility of such damages. LEC, and its affiliate’s maximum liability to you for any claims relating to use of the Site is limited to one hundred dollars ($100).
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.
