OWNER’S WARRANTY. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW AND EXCEPT FOR WRITTEN WARRANTIES ON GOODS SOLD, OWNER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
OWNER’S WARRANTY. The Owner represents and warrants that (a) the undersigned is either the owner of the Property, or is acting as Agent for the owner, consistent with Section 2 hereof; (b) the Property is free and clear of all liens, claims or encumbrances whatsoever, and (c) that there are no restrictions to make or distribute photographs or images of the Property; (d) Owner has provided KCG with any and all information, to Owner’s knowledge, regarding the provenance of the Property and have no reason to believe that the Property is counterfeit or not authentic; and (e) if the Property was imported into the United States, that it was lawfully imported into the United States and was lawfully exported from the country in which it was previously located, including, without limitation, the proper payment of any and all duties and taxes that may be due. The Owner further agrees to defend title to the Property against all conflicting or adverse claims. If executing this Agreement as Agent for Owner, the undersigned agent represents and warrants the undersigned agent has the authority and does by execution of this Agreement agree that both Agent and Owner hereby accept all terms and conditions of this Agreement (including without limitation the representations and warranties set forth herein) and the Conditions of Sale governing the Auction. Further, the undersigned acknowledges and agrees that both Agent and Owner shall be jointly and severally liable for all obligations and liabilities arising hereunder. Agent warrants that he has actual authority to execute this Agreement on behalf of all owner(s) of the lot(s).
OWNER’S WARRANTY. Lessor warrants, represents and agrees (i) that Lessor is the sole legal owner of the aircraft or legally represents the Owner; (ii) that Lessor has the full legal right, power and authority to enter into and fully perform this agreement; (iii) that the aircraft leased hereunder is in first-class operating and airworthy condition and capable of performing the intended use(s) of Lessee as shown herein; and (iv) where Lessor is designated as insuring party, Lessor shall disclose to insurer the contemplated use of the aircraft shown herein.
OWNER’S WARRANTY. The owner warrants that he is the owner of the property described herein or that he has the authority to execute this agreement.
OWNER’S WARRANTY. The Owner warrants that it is the owner in fee simple of the lands described in Schedule “A”.
OWNER’S WARRANTY. The Owner warrants and covenants that:
OWNER’S WARRANTY. (a) The Owner warrants to NAHC that:
OWNER’S WARRANTY. The Leased Premises and all of the above systems shall be delivered to Tenant in proper working order, together with any and all warranties or guarantees applicable to the Leased Premises and fixtures.
OWNER’S WARRANTY. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW AND EXCEPT FOR WRITTEN WARRANTIES ON GOODS SOLD, OWNER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. (m) INDEMNIFICATION: TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS OWNER FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, SUITS, JUDGMENTS, AND ASSOCIATED EXPENSES (INCLUDING REASONABLE ATTORNEYS’ AND/OR EXPERTS’ FEES) OWNER MAY INCUR, BECOME RESPONSIBLE FOR OR PAY OUT AS A RESULT OF: DEATH OR PERSONAL INJURY TO ANY PERSON OR DESTRUCTION OF OR DAMAGE TO ANY PROPERTY CAUSED IN WHOLE OR IN PART BY THE OPERATION, MONITORING, MAINTENANCE, HANDLING OR TRANSPORTATION OF THE EQUIPMENT; OR ANY ECONOMIC LOSS SUCH AS LOSS OF USE, BUSINESS INTERRUPTION OR EXTRA EXPENSE WHILE THE EQUIPMENT IS IN THE CUSTOMER’S CARE, CUSTODY OR CONTROL WHETHER DUE TO EQUIPMENT BREAKDOWN OR OTHERWISE DUE TO UNAUTHORIZED POSSESSION. THESE PROVISIONS SHALL SURVIVE TERMINATION OR EXPIRATION OF THE CONTRACT. (n)
OWNER’S WARRANTY. Owner warrants that he/she is the owner of the Property described above and is authorized to enter into this Rental Agreement. Owner has not exchanged the right to use the Property for the interval listed above with any interval exchange system. If the Property is subject to a floating time reservations system, Owner has received confirmation of the use period indicated at top of document. Owner has the authority to enter into this Agreement and receive the Owner's Share of Net Rental Proceeds on behalf of all co-owners of the Property listed for rental hereunder and agrees to indemnify Agent from any claims by co-Owners. Owner agrees to Indemnify and hold the Agent, their employees, agents, principals, subsidiaries, parents and affiliates harmless from any and all claims, demands, damages, costs and expenses (including, without limitation, attorneys' fees, judgments, fines and amounts paid or to be paid in settlement) directly or indirectly arising from, related to, or in connection with this Agreement, the Property or the use and occupancy of the Property by Guests and any other permitted parties hereunder. The Agent, their employees, agents, principals, subsidiaries, parents and affiliates shall not be liable for any loss or damage to any person or property (including, but not limited to the Owner or Guests of the Owner) of any nature resulting from any accident or occurrence in, on or about the Property or the building of which the Property may be a part, including but not limited to, any and all claims, demands, damages, costs and expenses (including, without limitation, attorneys' fees, judgments, fines and amounts paid or to be paid in settlement) resulting from: (i) the acts or omissions of Guests; (ii) wind, rain or other elements; (iii) theft, vandalism, fire or act of God. The provisions of this section of the Rental Agreement shall survive the termination of this Agreement. Owner is responsible to confirm receipt of this agreement with the Agent. Owner acknowledges his understanding that it is the Owner's duty and responsibility to contact Agent to determine the rental status of the Property and that such rental status could be subject to change up until and including the first day of the rental period.
