Common use of Liability and Warranty Clause in Contracts

Liability and Warranty. 5.1 This document shall not establish a responsibility of the Contractor for the XXXX and XXXX Derivatives per se, save where permitted by the respective XXXX License. Nevertheless, the Contractor shall be liable and provide warranty services in relation to the goods or services, just as under the Main Agreement, if XXXX or XXXX-Derivatives are used. 5.2 The Contractor shall, without restriction to its duties under sec. 4 and except for the case that this is not permitted under the terms of the respective XXXX License, provide as part of its warranty obligations and at its own cost, maintenance services for the XXXX and XXXX Derivatives used, in particular for the remediation of defects. This also includes the obligation to examine the XXXX and XXXX Derivatives for potential faults prior to initial use, and continuously thereafter, and to remedy such faults, in particular if they relate to security. Such corrections shall be included in the goods or services, if the Principal grants its consent. 5.3 The Contractor shall provide integration support for the XXXX and XXXX Derivatives as requested by the Principal and in accordance with the provisions of the Main Agreement, unless not permitted under the terms of the respective XXXX License. 5.4 If the Contractor breaches an obligation described herein, he shall indemnify the Principal and its affiliated companies and the sales partners, dealers and customers of the Principal from all claims, losses and costs arising as a result and shall defend the aforementioned parties against third-party claims. The Principal may also opt to defend itself. The Contractor shall bear the costs of court and out- of-court proceedings including appropriate attorney’s fees, even if the defence relates only to an alleged claim.

Appears in 3 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

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Liability and Warranty. 5.1 This document shall not establish a responsibility of to the Contractor Supplier for the XXXX and XXXX Derivatives per se, save where permitted by the respective XXXX LicenseDerivatives. Nevertheless, the Contractor Supplier shall be liable and shall provide warranty services in relation to the goods or services, just as under in accordance to the Main Agreement, if XXXX or XXXX-Derivatives are used. 5.2 The Contractor Supplier shall, without restriction to its duties under sec. 4 and except for the case that this is not permitted allowed under the terms of the respective XXXX LicenseXx- cense, provide as part of its warranty obligations and at its own cost, the maintenance services for the XXXX and XXXX Derivatives used, in particular for the remediation of to remedy defects. This also includes the obligation to examine the XXXX and XXXX Derivatives for potential faults prior to initial use, and continuously thereafter, and to remedy such faults, in particular if they relate it is related to security. Such corrections shall be included in the goods or services, if the Principal grants Supplier its consent. 5.3 The Contractor Supplier shall provide integration support for the XXXX and XXXX Derivatives as requested by the Principal Prin- cipal and in accordance with the provisions of the Main Agreement, unless it is not permitted allowed under the terms of the respective XXXX License. 5.4 The Supplier guarantee that XXXX does not violate any third party patent, copyright or any intellectual property rights, entirely or partially. 5.5 The Supplier shall assure and provide all necessary measures to prevent any damages or conflict to any of the Principal’s systems, which might, entirely or partially, affects its regular function. 5.6 If the Contractor Supplier breaches an obligation described herein, he shall indemnify the Principal and its affiliated affili- ated companies and the sales partners, dealers and customers of the Principal from all claims, losses and costs arising out or as a result of such breach and shall defend the aforementioned parties against any third-party claims. The Principal may also opt at its solo discretion to defend itself. The Contractor Supplier shall bear the costs of court and out- out-of-court proceedings expenses including appropriate attorneyattor- ney’s fees, even if the defence is relates only to an alleged al- leged claim.

Appears in 1 contract

Samples: General Terms and Conditions

Liability and Warranty. 5.1 This document shall not establish a responsibility of the Contractor for the XXXX and XXXX Derivatives per se, save where permitted by the respective XXXX License. Nevertheless, the Contractor shall be liable and provide warranty services in relation to the goods or services, just as under the Main Agreement, if XXXX or XXXX-Derivatives are used.the 5.2 The Contractor shall, without restriction to its duties under sec. 4 and except for the case that this is not permitted under the terms of the respective XXXX License, provide as part of its warranty obligations and at its own cost, maintenance services for the XXXX and XXXX Derivatives used, in particular for the remediation of defects. This also includes the obligation to examine the XXXX and XXXX Derivatives for potential faults prior to initial use, and continuously thereafter, and to remedy such faults, in particular if they relate to security. Such corrections shall be included in the goods or services, if the Principal grants its consent. 5.3 The Contractor shall provide integration support for the XXXX and XXXX Derivatives as requested by the Principal and in accordance with the provisions of the Main Agreement, unless not permitted under the terms of the respective XXXX License. 5.4 If the Contractor breaches an obligation described herein, he shall indemnify the Principal and its affiliated companies and the sales partners, dealers and customers of the Principal from all claims, losses and costs arising as a result and shall defend the aforementioned parties against third-party claims. The Principal may also opt to defend itself. The Contractor shall bear the costs of court and out- out-of-court proceedings including appropriate attorney’s fees, even if the defence relates only to an alleged claim.

Appears in 1 contract

Samples: General Terms and Conditions

Liability and Warranty. 5.1 This document shall not establish a responsibility of the Contractor for the XXXX and XXXX Derivatives per se, save where permitted by the respective XXXX License. Nevertheless, the Contractor shall be liable and provide warranty services in relation to the goods or services, just as under the Main Agreement, if XXXX or XXXX-XXXX Derivatives are used. 5.2 The Contractor shall, without restriction to its duties under sec. 4 and except for the case that this is not permitted under the terms of the respective XXXX License, provide as part of its warranty obligations and at its own cost, maintenance services for the XXXX and XXXX Derivatives used, in particular for the remediation of defects. This also includes the obligation to examine the XXXX and XXXX Derivatives for potential faults prior to initial use, and continuously thereafter, and to remedy such faults, in particular if they relate to security. Such corrections shall be included in the goods or services, if the Principal MFTBC grants its consent. 5.3 The Contractor shall provide integration support for the XXXX and XXXX Derivatives as requested by the Principal MFTBC and in accordance with the provisions of the Main Agreement, unless not permitted under the terms of the respective XXXX License. 5.4 If the Contractor breaches an obligation described herein, he shall indemnify the Principal MFTBC and its affiliated companies and the sales partners, dealers and customers of the Principal MFTBC from all claims, losses and costs arising as a result and shall defend the aforementioned parties against third-party claims. The Principal MFTBC may also opt to defend itself. The Contractor shall bear the costs of court and out- out-of-court proceedings including appropriate attorney’s fees, even if the defence relates only to an alleged claim.

Appears in 1 contract

Samples: General Terms and Conditions

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Liability and Warranty. 5.1 This document shall not establish a responsibility of the Contractor for the XXXX and XXXX Derivatives per se, save where permitted by the respective XXXX License. Nevertheless, the Contractor shall be liable and provide warranty services in relation to the goods or services, just as under the Main Agreement, if XXXX or XXXX-Derivatives are used. 5.2 The Contractor shall, without restriction to its duties under sec. 4 and except for the case that this is not permitted under the terms of the respective XXXX License, provide as part of its warranty obligations and at its own cost, maintenance services for the XXXX and XXXX Derivatives used, in particular for the remediation of defects. This also includes the obligation to examine the XXXX and XXXX Derivatives for potential faults prior to initial use, and continuously thereafter, and to remedy such faults, in particular if they relate to security. Such corrections shall be included in the goods or services, if the Principal grants its consent. 5.3 The Contractor shall provide integration support for the XXXX and XXXX Derivatives as requested by the Principal and in accordance with the provisions of the Main Agreement, unless not permitted under the terms of the respective XXXX License. 5.4 If the Contractor breaches an obligation described herein, he shall indemnify the Principal and its affiliated companies and the sales partners, dealers and customers of the Principal from all claims, losses and costs arising as a result and shall defend the aforementioned parties against third-party claims. The Principal may also opt to defend itself. The Contractor shall bear the costs of court and out- out-of-court proceedings including appropriate attorney’s fees, even if the defence relates only to an alleged claim.

Appears in 1 contract

Samples: General Terms and Conditions

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