Ongoing Warranties. Supplier makes the following ongoing representations and warranties:
1. it has the right to enter into this Agreement and its performance of this Agreement will comply, at its own expense, with the terms of any contract, obligation, law, regulation or ordinance to which it is or becomes subject;
2. no claim, lien, or action exists or is threatened against Supplier that would interfere with Buyer’s use or sale of the Products;
3. Products and Services do not infringe any intellectual property right of a third party;
4. all authors have agreed not to assert their moral rights (personal rights associated with authorship of a work under applicable law) in the Products, to the extent permitted by law;
5. Products are free from defects in material and workmanship and will conform to the warranties, specifications and requirements, including but not limited to quality requirements in this Agreement for the time period as specified in the relevant SOW and/or WA;
6. Products are free of defects in design (except for written designs provided by Buyer unless the defects in Buyer’s designs are based on Supplier’s specifications);
7. Products are safe for use consistent with and will comply with the warranties, specifications and requirements in this Agreement;
8. Products and Services which interact in any capacity with monetary data are euro ready such that when used in accordance with their associated documentation they are capable of correctly processing monetary data in the euro denomination and respecting the euro currency formatting conventions (including the euro sign);
9. none of the Products contain nor are any of the Products manufactured using ozone depleting substances such as halons, chlorofluorocarbons, hydrochlorofluorocarbons, methyl chloroform and carbon tetrachloride as defined by the Montreal Protocol , and as also specified in the relevant SOW and/or WA;
10. Products are new and do not contain used or reconditioned parts, unless otherwise specified in the relevant SOW and/or WA;
11. to the extent Products include software code (including without limitation firmware, BIOS, and device drivers), Products contain no harmful code;
12. all Products and all parts of Products, including, but not limited to parts that may be identified as field replacement units, customer replacement units, spare parts, and/or parts that have any floppy disk controller functions and other storage devices shall not experience any measurable loss of data, and shall conform wi...
Ongoing Warranties. Except as otherwise expressly provided in this Agreement, the representations and warranties made in this Agreement are continuous in nature and will be deemed to have been given by Retailer at the execution of this Agreement and each stage of performance of this Agreement.
Ongoing Warranties. Supplier makes the following ongoing representations and warranties:
6.1.1. it has the right to enter into this Agreement and its performance of this Agreement will comply, at its own expense, with the terms of any contract, obligation, law, regulation or ordinance to which it is or becomes subject (including but not limited to all applicable privacy laws);
Ongoing Warranties. Supplier makes the following ongoing representations and warranties:
1. it has the right to enter into this Agreement and its performance of this Agreement will comply, at its own expense, with the terms of any contract, obligation, including any between Supplier and its end-users; or any law, regulation or ordinance to which it is or becomes subject ;
2. it is incorporated or organized as a partnership;
3. no claim, lien, or action exists or is threatened against Supplier that would interfere with Buyer’s rights under this Agreement;
4. it has disclosed to Buyer in writing the existence of any third party code, including without limitation open source code, that is included in or is provided in connection with the Deliverables and that Supplier and the Deliverables are in compliance with all licensing agreements applicable to such third party code;
5. Deliverables and Services do not infringe any privacy, publicity, reputation or intellectual property right of a third party;
6. all authors have agreed not to assert their moral rights (personal rights associated with authorship of a work under applicable law) in the Deliverables, to the extent permitted by law;
7. Deliverables are safe for use consistent with and will comply with the warranties, specifications and requirements in this Agreement;
8. Deliverables do not contain harmful code;
9. Services will be performed using reasonable care and skill and in accordance with the relevant SOW and/or WA;
10. It will not engage in Electronic Self-Help;
11. Deliverables and Services which interact in any capacity with monetary data are euro ready such that when used in accordance with their associated documentation they are capable of correctly processing monetary data in the euro denomination and respecting the euro currency formatting conventions (including the euro sign);
12. it is knowledgeable with, and is and will remain in full compliance with all applicable export and import laws, regulations, orders, and policies (including, but not limited to, securing all necessary clearance requirements, export and import licenses and exemptions from, and making all proper filings with appropriate governmental bodies and/or disclosures relating to the release or transfer of technology and software to non U.S. nationals in the U.S., or outside the U.S., release or transfer of technology and software having U.S. content or derived from U.S.-origin software or technology); it is knowledgeable with applicable supply chai...
Ongoing Warranties. Supplier makes the following ongoing representations and warranties:
1. it has the right to enter into this Agreement and its performance of this Agreement will comply, at its own expense, with the terms of any applicable contract, obligation, law or, regulation;
2. no claim, lien, or action exists or is threatened against Supplier that would interfere with Buyer's rights under this Agreement;
3. (a) it has disclosed to Buyer in writing the existence of third party code, including without limitation open source code, that is included in, is provided in connection with, the Deliverable(s) and (b) Supplier and the Deliverable (s) are in compliance with all licensing agreements applicable to such third party code;
Ongoing Warranties. Except as otherwise expressly provided herein, the representations and warranties made in this Agreement are continuous in nature and will be deemed to have been given by the Booti-Q Creator at the execution of this Agreement and each stage of performance of this Agreement.
Ongoing Warranties. 6.1 Each party makes the following ongoing representations and warranties:
6.1.1 It has the right to enter into this Agreement and its performance of this Agreement will not violate the terms of any contract, obligation, law, regulation or ordinance to which it is or becomes subject;
6.1.2 As of the Effective Date, no claim, lien, or action exists or is threatened against a party that would interfere with the other party's rights under this Agreement;
6.1.3 The Code contributed by the party to the Integrated Code will be, when contributed by such party and combined with the Integrated Code, Year 2000 ready such that when used in accordance with the appropriate documentation it is capable of correctly processing, providing, receiving and displaying date data before and after January 1, 2000 (including without limitation leap year calculations), provided that all products (for example, hardware, software and firmware) used with the Code contributed by the party properly exchange accurate date data with it; * Confidential treatment requested for redacted portion.
Ongoing Warranties. Supplier makes the following ongoing representations and warranties:
1. it has the right to enter into this Agreement and its performance of this Agreement will comply, at its own expense, with the terms of any contract, obligation including any between Supplier and its end-users; or any law, regulation or ordinance to which it is or becomes subject;
2. no claim, lien, or action exists or is threatened against Supplier that would interfere with Buyer’s rights under this Agreement;
3. Deliverables and Services do not infringe any privacy, publicity, reputation or intellectual property right of a third party;
4. it has disclosed to Buyer in writing the existence of any third party code, including without limitation open source code, that is included in or is provided in connection with the Deliverables and that Supplier and the Deliverables are in compliance with all licensing agreements applicable to such third party code;
5. all authors have agreed not to assert their moral rights (personal rights associated with authorship of a work under applicable law) in the Deliverables, to the extent permitted by law;
6. Deliverables are safe for use consistent with and will comply with the warranties, specifications and requirements in this Agreement;
7. Deliverables do not contain harmful code;
8. Services will be performed using reasonable care and skill and in accordance with the relevant SOW and/or WA;
9. it will not engage in Electronic Self-Help;
10. Deliverables and Services which interact in any capacity with monetary data are euro ready such that when used in accordance with their associated documentation they are capable of correctly processing monetary data in the euro denomination and respecting the euro currency formatting conventions (including the euro sign);
Ongoing Warranties. Except as otherwise expressly provided in this Walmart Canada Marketplace Agreement, the representations and warranties made in this Walmart Canada Marketplace Agreement are continuous in nature and will be deemed to have been given by Seller at the execution of this Walmart Canada Marketplace Agreement and each stage of performance of this Walmart Canada Marketplace Agreement.
Ongoing Warranties. Supplier warrants to Buyer that, for a period of twelve (12) months from delivery, each Deliverable will conform in all material respects to Buyer's written specifications for the item and will be free from defects in materials and workmanship. Supplier's obligation under this warranty is limited to, at Supplier's option, repairing or replacing, at Supplier's option, at Supplier's facility or at the then current location of the Deliverable, any Deliverable or parts thereof that Supplier determines not to conform to this warranty. Buyer shall promptly notify Supplier in writing of any alleged defects in the Deliverables and specifically describe the problem. Supplier will pay the costs of transporting repaired or replaced Deliverables back to Buyer or Buyer's customer and will reimburse Buyer for costs of transporting items to Supplier. * Confidential Treatment Requested. The Gem City Engineering Co. / iRobot Corporation Manufacturing and Services Agreement Supplier makes the following ongoing representations and warranties: (i) it has the right to enter into this Agreement and its performance of the Agreement will not violate the terms of any contract, obligation, law, regulation or ordinance to which it is or becomes subject; (ii) no claim, lien, or action exists or is threatened against Supplier that would interfere with Buyer's rights under this Agreement; (iii) workmanship for a period of one year from the date of acceptance and will conform to the warranties, specifications and requirements in this Agreement for the time period from the date of final acceptance as specified in the relevant SOW; and (iv) Services will be performed using reasonable care and skill and in accordance with the relevant SOW.
