Obligations and Warranties. Each Party represents, warrants and agrees:
(a) that there are no legal restrictions preventing it from entering into this Agreement;
(b) to comply with this Agreement and all applicable Laws. You represent, warrant and agree:
(c) that all information and documentation that you provide to us in connection with this Agreement is true, correct and complete;
(d) that you have not relied on any representations or warranties made by us in relation to the Services (including as to whether the Services are or will be fit or suitable for your particular purposes), unless expressly stipulated in this Agreement;
(e) to comply with our reasonable requests or requirements;
(f) to provide all assistance, information, documentation, access, facilities, authorities, consents, licences and permissions reasonably necessary to enable us to comply with our obligations under this Agreement or at Law;
(g) that the Services are provided to you solely for your benefit and you will not (or you will not attempt to) disclose, or provide access to, our Services to third parties without our prior written consent;
(h) that where you have provided information, representations, data, reports, images, copy, designs, specifications and/or other materials (Provided Materials) for use in the Services, you have the right to do so;
(i) that Provided Materials: do not infringe the Intellectual Property Rights of any third party; are factually accurate; are not misleading or deceptive; are not defamatory or unlawful; have not been obtained unlawfully; are compliant with any necessary regulations for advertising, packaging or labelling; and have been processed in a manner that complies with all applicable privacy Laws and spam Laws.
Obligations and Warranties. 2.1 Klinikal has, before granting a Surgeon or Doctor (including Anaesthetist) Practising Privileges rights with Klinikal, confirmed that the Surgeon or Doctor is registered with the General Medical Council and that Klinikal has seen a copy of a private practice indemnity insurance certificate that was current at the date of granting Practising Privileges rights. Klinikal does not obtain copies of the whole of the policy document, and nor does it make any warranties in respect of the content of the same, save as set out above. Klinikal only suggests a Surgeon or Doctor to the Patient from a list of independent self-employed Surgeons or Doctors who hold Practising Privileges with Klinikal to carry out the procedure that the Patient is considering. Klinikal does not in any way recommend the Surgeon or Doctor to the Patient and the Patient is free to choose a Surgeon or Doctor from a list of Surgeons or Doctors who hold Practising Privileges with Klinikal with whom the Patient can contract for the provision of the service under these terms and conditions. Klinikal accepts no responsibility for matters which are within the professional responsibility of the Surgeon or Doctor, including the consenting of the Patient. All Surgeons and Doctors are independent contractors and are not employed by Klinikal. Klinikal shall satisfy
2.2 All Surgeons or Doctors (including Anaesthetists), are self- employed and make their own clinical decision at all times. The Patient warrants that having read and understood these Terms and Conditions that no cause of action in negligence and/or breach of contract will accrue against Klinikal for any treatment carried out by the Surgeon or Doctor. The Patient further warrants that he or she has read and understood the Patient information and fully understands the range of possible outcomes of the proposed procedure. For the avoidance of doubt, Klinikal is not vicariously or in any other way whatsoever liable for the negligent acts and omissions and/or breaches of contract and/or statutory duty by the self-employed Surgeon or Doctor. Such liability remains at all times with the Surgeon or Doctor.
2.3 All of the Surgeons or Doctors (including Anaesthetists) which Klinikal may from time to time introduce to Patients are self- employed and contract under these terms and conditions with the Patient. They also make their own clinical decision at all times and are responsible for, but not limited to, the procedures pre-operative consultation p...
Obligations and Warranties. In the event that the Customer is in material breach of any of its obligations under this Agreement including the Schedules hereto, then: ● Provider cannot be held responsible should the Services fail to comply with the Service Levels as a result (directly or indirectly) of such Customer material breach and no service credits will accrue on account thereof; and ● Provider shall be entitled to charge the Customer for staff time engaged on rectifying any resulting problems arising as a result of the Customer’s specific breach at Provider’s standard charge rates for the time being, provided notice is given to the Customer that such additional charges will apply; The Customer represents, warrants and undertakes that: ● it will use the Services only for lawful purposes and in accordance with this Agreement; and ● any software, data, equipment or other materials provided by the Customer to Provider or employed by the Customer in its use of or receipt of the Services shall not infringe any Intellectual Property Rights of any third party and shall not be obscene or defamatory of any person and shall not violate the laws or regulations of any state which may have jurisdiction over such activity. The Customer shall provide all such assistance, facilities and information to Provider as Provider may reasonably require in order to enable it to carry out its obligations under this Agreement.
Obligations and Warranties. 2.1 Transform Hospital Group have before granting a Surgeon or Doctor (including Anaesthetist) Practising Privileges rights or a Surgeon’s or, Doctor’s contract permitting them to practice at Transform Hospital Group’s premises have confirmed that the Surgeon or Doctor is registered with the General Medical Council and that Transform Hospital Group have seen a copy of a private practice indemnity insurance certificate that was current at the date of granting Practising Privileges rights, or a Contract, or other such agreement which permits the Surgeon or Doctor to practice such procedures at Transform Hospital Group’s premises. Transform Hospital Group does not obtain copies of the whole of the policy document and nor does it make any warranties in respect of the content of the same, save as set out above. Transform Hospital Group only suggests a Surgeon or Doctor to the patient from a list of independent self- employed Surgeons or Doctors who hold Practising Privileges with Transform Hospital Group to carry out the procedure that the Patient is considering. Transform Hospital Group does not in anyway recommend the Surgeon or Doctor to the patient and the patient is free to choose a Surgeon or Doctor from
2.2 All Surgeons or Doctors (including Anaesthetists), are self- employed and make their own clinical decision at all times. The patient warrants that having read and understood these Terms and Conditions that no cause of action in negligence and/ or breach of contract will accrue against Transform Hospital Group for any treatment carried out by the Surgeon or Doctor. The patient further warrants that he or she has read and understood the patient information and fully understands the range of possible outcomes of the proposed procedure. For the avoidance of doubt Transform Hospital Group is not vicariously or in any other way whatsoever liable for the negligent acts and omissions and/or breaches of contract and/or statutory duty by the self-employed Surgeon or Doctor, such liability remains at all times with the Surgeon or Doctor.
Obligations and Warranties. 14.1 The Producer warrants and undertakes to XX XXXX and the BBC that:-
14.1.1 as at the date of this Programme Purchase Agreement, the Producer is an Independent Producer within the meaning of paragraph 3 of The Broadcasting (Independent Productions) Order 1991 as amended;
14.1.2 the Producer is and shall be the sole absolute unencumbered legal and beneficial owner of the Programme and the Delivery Material (subject to any assignment made pursuant to Condition 10.1) and has acquired (and shall retain throughout the XX XXXX Licence Period) all rights granted under this Programme Purchase Agreement (including the XX XXXX Rights, all rights in the Programme Trade Marks, Publicity Stills, Underlying Material and in the products of the services of Performers and other persons supplying rights services and facilities in respect of the Programme) in order to enable XX XXXX and its Sub-Licensees to fully exercise any and all such rights free from any and all liens claims and encumbrances without any restriction whatsoever and (subject to Conditions 3.2, 4.3, 4.4 and 11) without the obligation to make any further payment except in respect of:
(i) such rights as are normally controlled by performing rights societies; and
(ii) repeat fees or residuals to the extent (if any) that the Producer, is under this Programme Purchase Agreement not obliged to pay them as part of the Price; and the Producer has not entered and will not during the XX XXXX Licence Period enter into any agreements licensing or assigning or purporting to licence or assign any rights to any third parties which are inconsistent with or would derogate from the rights granted to XX XXXX hereunder;
14.1.3 the exercise by XX XXXX or any of its Sub-Licensees of the XX XXXX Rights, Programme Trade Marks or any other rights granted under this Programme Purchase Agreement in accordance with this Programme Purchase Agreement shall not infringe the proprietary rights (including Intellectual Property Rights) of any third party anywhere in the world;
14.1.4 there are no security interests, mortgages, charges or other encumbrances over or affecting the rights granted to XX XXXX under this Programme Purchase Agreement and there is no agreement or commitment to give or create any such security interests, mortgages, charges or other encumbrances;
14.1.5 without prejudice to Conditions 14.1.3 and 14.1.4 above, the Producer will use its best endeavours to carry out all relevant searches, checks and negative checks (i...
Obligations and Warranties. 2.1 Each party represents and warrants that it has the right, power and authority to enter into the Agreement and grant to the other party the rights (if any) contemplated in the Agreement.
2.2 The Sub-Contractor shall carry out and complete the Sub- Contract Works in accordance with the Agreement and any Statutory Requirements, in consideration for which the Contractor shall pay the Price to the Sub-Contractor in accordance with the Agreement.
2.3 The Sub-Contractor shall:
2.3.1 provide all labour and plant required to carry out and complete the Sub-Contract Works including but not limited to all tools, plant and equipment, unless otherwise expressly stated in the Purchase Order or agreed between the parties in writing.
2.3.2 upon the Contractor’s request, cease to employ in relation to the Sub-Contract Works any person(s) to whom the Contractor may reasonably object. The Sub-Contractor shall replace such person(s) immediately with others acceptable to the Contractor.
2.3.3 comply with all Statutory Requirements and must comply with and give all notices, pay all taxes, duties and fees, obtain all licenses, permits and approvals, as required by any Statutory Requirements and the Sub-Contractor shall indemnify and hold harmless the Contractor against and from the consequences of any failure to do so.
2.3.4 protect the Sub-Contract Works (and maintain and alter such protection) at its own expense and to the satisfaction of the Contractor until handover of the Sub-Contract Works has been transferred to the Contractor. The Sub-Contractor shall be responsible for the cost of replacement and repair of the Sub- Contract Works and materials and goods on Site that are lost or damaged prior to handing over the Sub-Contract Works; and
2.3.5 perform any testing or commissioning required to ensure that the Sub-Contract Works are handed over to the Contractor in a satisfactory condition.
2.4 The Sub-Contractor shall exercise all reasonable skill care and diligence in designing any part of the Sub-Contract Works for which he is responsible as may be expected of a qualified and competent designer of the relevant discipline experienced in the provision of such services in respect of works of a similar size, scope, nature, and complexity to the Sub- Contract Works. The Sub-Contractor shall procure the right for the Contractor and the Customer to use any rights in any such designs.
2.5 The Sub-Contractor warrants that all goods and materials supplied shall be of the standard...
Obligations and Warranties. 5.1 Each Party represents, warrants and agrees that:
(a) it has full legal capacity, right, authority and power to enter into this Agreement, to perform its obligations under this Agreement, and
(b) this Agreement constitutes a legal, valid and binding agreement, enforceable in accordance with its terms.
5.2 You represent, warrant and agree:
(a) to comply with this Agreement and all applicable Laws;
(b) you must inspect the Caravan for any shortages, damage or non-compliance with the Specifications in the Schedule at the time of collection;
(c) you must maintain the caravan and comply with the warranty policy set out by the manufacturer and if you do not use the caravan for its intended purpose, make any alterations to the original caravan supplied or misuse the caravan you may void your warranty.
(d) if your Caravan is on backorder, that on commencement of the manufacture of the Caravan, you must pay for the Caravan in accordance with the Payment Terms. Commencement of manufacture begins once construction of the chassis has been started;
(e) that your towing vehicle is legally capable of towing the Caravan and complies with all laws (including relevant transport laws);
(f) that we are not responsible or liable for your towing vehicle compatibility with the Caravan;
(g) that you have taken out the appropriate insurances to facilitate collection and use of the Caravan;
(h) you have not relied on any representations or warranties made by us in relation to the Caravan (including as to whether the Caravan is or will be fit or suitable for your particular purposes), unless expressly stipulated in this Agreement or the Schedule;
(i) that you will provide us with all information, instructions, cooperation and access reasonably necessary to enable us to provide the Caravan; and
(j) that the information and documentation you provide to us is true, correct and complete.
Obligations and Warranties. Upon applying for the issuance of certificate, the applicant/subscriber agree to: ● Provide accurate and complete information in order to process the certificate issuance application; ● Generate or have generated its cryptographic keys in a way that complies with the requirements of the applicable policy; ● Review the certificate issued to you to determine the accuracy of the data contained in it and either accept the certificate or notify RAFFTECH and its Registration Authority that processed the certificate application of any modifications required. Upon accepting the certificate issued to you, you warrant that: ● The data contained in the certificate is accurate; ● The private cryptographic key associated with the public key contained in the certificate has not been compromised; ● You shall only use the cryptographic key pair and certificates in accordance with the applicable Certificate Policy; ● You shall exercise reasonable care to maintain the security of the private cryptographic key associated with the public key contained in the certificate as well as avoid its unauthorized use; ● You shall promptly notify RAFFTECH or its Registration Authority that processed the certificate application to suspend or revoke your certificate if you suspect or know that your private key, the device it is stored in, or the PIN/Passphrase has been compromised, lost or its security is in any other way materially affected. ● You shall follow the necessary procedures for the revocation of certificates in accordance with applicable practices and policies. ● If applicable, you shall pay the fees for the certification services provided in accordance with the applicable price list or quotation.
Obligations and Warranties. 4.1 Each Party represents, warrants and agrees that:
Obligations and Warranties. 6.1 Each Party represents, warrants and agrees that:
(a) it has full legal capacity, right, authority and power to enter into these Terms, to perform its obligations under these Terms, and to carry on its business;
(b) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms;
(c) if applicable, it holds a valid ABN which has been advised to the other Party; and
(d) if applicable, it is registered for GST purposes.
6.2 You represent, warrant and agree:
(a) to comply with these Terms and all applicable Laws;
(b) that you (and to the extent applicable, your Personnel) will provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Goods and Services;
(c) that the information and documentation you provide to us is true, correct and complete; and
(d) you will not infringe any third party rights in working with us and receiving the Goods and Services.
