Other Warranties. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PHYSICAL CONDITION OF THE ASSET, OR ANY OTHER MATTER AND, IN PARTICULAR, SELLER MAKES NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Other Warranties.
a) Unless expressly stated otherwise in this Contract, Contractor hereby warrants that a Deliverable installed by Contractor, or installed by the Department in accordance with Contractor's instructions, shall function according to the Specifications on the Acceptance Date for such Deliverable, and that Contractor shall modify and/or replace such Deliverable as necessary to maintain ongoing reliability according to Section 11. This latter warranty shall not apply to any Deliverable deficiency caused by maintenance by a person other than the Contractor or its representative.
b) If the ongoing performance of the Deliverable does not conform to the Specifications on the Acceptance Date for such Deliverable and the System consequently fails to conform to the Section 11 provisions of this Contract, Department shall give Contractor written notice of performance deficiencies. Contractor shall then have not more than a ten (10) calendar day cumulative cure period per twelve (12) month period to correct such deficiencies. If the cumulative number of days in a twelve (12) month period is exceeded, and said performance continues to be in nonconformance with said Section 11, the Contractor shall be in material default of this Contract and DAS, at its option, may thereupon take any one or more of the following actions:
1. if the Warranty Period has not expired, terminate this Contract;
2. Require Contractor replace said Deliverable at Contractor's expense with a functional Deliverable or competent Service;
3. Terminate the Deliverable license or service without fee or charge to the Department, or further obligation or financial liability. In the event of such termination, the Contractor shall refund to the Department all monies paid to the Contractor no later than 15 days after termination, according to the following schedule:
(i) if termination is of a lump-sum payment perpetual license, repayment shall be determined by the point in the Term in which the Acceptance Date of the terminated Deliverable occurred:
a. 1st - 12th month: 100% of license fee paid
b. 13th - 24th month: 75% of license fee paid
c. 25th - 36th month: 50% of license fee paid
d. 37th month and over: 25% of license fee paid
(ii) if termination is of associated services, or a periodic payment license, or a lump-sum payment non-perpetual license, all fees paid by the Department to the Contractor during the period following the event of material default shall be returned.
c) The Contractor neither excl...
Other Warranties. (a) The Vendor warrants to the Purchaser that, at completion the Property and the Chattels will be at least as clean, tidy and in good repair as when last inspected by the Purchaser prior to this Contract.
(b) Except as otherwise agreed in the Contract or as required by law, the Property is sold "As Is/ Where Is" and, the Vendor makes no legally binding warranty, description, or representation of any kind as to:
(i) the physical nature of the Property; or
(ii) the Property having any permits or certificates of completion or occupancy.
Other Warranties. On the date of this Agreement, the Closing Date, and each Sale Date, the Seller represents and warrants to each of the Mortgages Trustee, Funding 1 and the Security Trustee that:
(a) the Seller has not acquired or owned or possessed any rights in any Issuer, the Mortgages Trustee or Funding 1 such that it would CONTROL such Issuer within the meaning of Section 416 ICTA 1988; and
(b) there is not any CONNECTION (within the meaning of Section 87 Finance Act 1996) between any Issuer and any Borrower.
Other Warranties. The Seller represents and warrants to the Mortgages Trustee, Funding and the Security Trustee that:
(a) the Seller has not acquired or owned or possessed any rights in any Issuer, the Mortgage Trustee or Funding such that it would "control" such Issuer, the Mortgage Trustee or Funding, within the meaning of section 416 ICTA; and
(b) there is no "connection" (within the meaning of section 87 Finance Act 1996) between any Issuer and any Borrower.
Other Warranties. EXCEPT AS SET FORTH IN THIS ARTICLE 5 AND THE OTHER PROVISIONS OF THIS AGREEMENT AND THE EXHIBITS, SCHEDULES, AND OTHER ATTACHMENTS, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE GAS DELIVERED AND REDELIVERED HEREUNDER.
Other Warranties. (1) The Customer hereby acknowledges and agrees that the warranty stipulated in the preceding Article is the sole and exclusive warranty in connection to the use of the Service, and that any other risk shall be solely borne by the Customer.
(2) CYBOZU AND SERVICE SUBCONTRACTOR SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING BUSINESS LOSS, DAMAGE CAUSED BY SUSPENSION OF BUSINESS, DAMAGE CAUSED BY COMPUTER FAULT OR ANY OTHER COMMERCIAL DAMAGE AND LOSS, IN CONNECTION WITH THE USE OF THE SERVICE, USE OF OTHER SERVICES THROUGH THE SERVICE, DISUSE OF THE SERVICE AND/OR DISUSE OF OTHER SERVICES THROUGH THE SERVICE. MOREOVER, CYBOZU SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY CLAIM. ANY INFORMATION OR ADVICE OF CYBOZU, WHICH IS EITHER IN ORAL FORM OR IN WRITING, SHALL NOT BE DEEMED AS PROVISION OF ANY ADDITIONAL WARRANTY AND SHALL NOT EXTEND THE SCOPE OF TERMS AND CONDITIONS OF THE AGREEMENT IN ANY SENSE WHATSOEVER. IN ADDITION, CYBOZU DOES NOT WARRANT THAT THE SERVICE SATISFIES REQUIREMENTS OF THE CUSTOMER.
(3) IF THE CUSTOMER CAUSES DAMAGE TO ANY OTHER USER OR THIRD PARTY THROUGH THE USE OF THE SERVICE OR THE USE OF OTHER SERVICES THROUGH THE SERVICE, THE CUSTOMER SHALL RESOLVE THE DISPUTE WITH THE USER OR THIRD PARTY AT THE CUSTOMER’S OWN RESPONSIBILITY AND EXPENSE, AND CYBOZU SHALL NOT HAVE ANY LIABILITY WHATSOEVER.
(4) NEITHER CYBOZU NOR SERVICE SUBCONTRACTOR SHALL PROVIDE ANY WARRANTY ON INTEGRITY, ACCURACY, CERTAINTY OR USABILITY OF THE CONTENT OF THE SERVICE AND INFORMATION OBTAINED BY THE CUSTOMER THROUGH THE SERVICE.
(5) If Cybozu determines that it is unable to perform its obligations as a result of force majeure event such as network failure including the Internet and natural disaster, Cybozu shall be entitled to terminate or suspend provision of the Service. In such case, Cybozu shall be released from any and all obligations arisen as a result of such non-performance.
(6) In the event the provision of the Service becomes impossible under Article 12 (Temporary Suspension of Service) and Article 13 (Change and Partial Termination of Service), any and all Service fees, etc. already paid by the Customer shall not be reimbursed.
(7) The liability of Cybozu and supplier of the Software under the Agreement shall not exceed the amount actually paid by the Customer during the Term of Service.
Other Warranties. Each party represents and warrants that: (a) it has the full power and authority to enter into this Agreement and to carry out its respective obligations and (b) it has complied, and will in the future comply, with all Laws in connection with the execution, delivery, and performance of this Agreement.
Other Warranties. 9.5.1 “Previously Enjoyed, B-Stock or Demo” Warranty.
9.5.1.1 “Previously Enjoyed, B-Stock or Demo” Product. Previously Enjoyed, B-Stock or Demo Product means product identified as such in the Proposal and may include Hardware, Software or any combination thereof. For such Product, Grass Valley hereby discloses that at the time of shipment, the Product: (i) may have been previously owned, (ii) may have been previously used for demonstration or other purposes, (iii) may have been reconditioned prior to sale and (iv) may contain blemishes or other minor defects at the time of shipment. Grass Valley sells such Product “as is” in the same cosmetic condition as at the time of sale. Subject to the foregoing disclosures, Grass Valley provides a limited warranty that the Software upon delivery will be at the then current Grass Valley Update version level, and the Hardware will be operational for a period or twelve
Other Warranties. In larger transactions, or if the circumstances otherwise dictate, one may also see warranties related to sufficiency of documenta- tion, interface functionality/compatibility with other products, commitment to future updates, maintenance of releases for a specified minimum period, quality certifications or other compliance require- ments, no pending or threatened litigation, or vendor representa- tions made in RFP responses.
