PARTICULAR PURPOSE. The warranties specified in this clause are in addition to any rights you may have under the Consumer Xxxxxxxxxx Xxx 0000 or other legislation which cannot be excluded or limited to the extent permitted by the applicable legislation. Xxx Xxxxxxxx Xxxxxxxxxx Xxx 0000 will not apply in respect of any goods or services which IBM provides, if you acquire the goods or services for the purposes of a business as defined in that Act.
PARTICULAR PURPOSE. Buyer agrees that: (i) the supplier of the Goods (the “Supplier”) is not HOS’s agent and that no statement by the Supplier is binding on HOS; (ii) if Buyer has a maintenance or other contract with the Supplier, such contract is not a part of this Agreement (even though HOS may, on behalf of the Supplier, xxxx Buyer for monies owed by Buyer to Supplier); (iii) no breach of contract or other act or omission on the part of the Supplier will excuse Buyer’s obligations to HOS; (iv) Supplier products and support are offered by HOS to the Buyer subject to the terms and conditions of the Supplier, which are available upon customer request; and (v) if the Goods are unsatisfactory for any reason, Buyer shall continue to make all payments due to HOS as both parties work together in good faith to resolve any dispute. Buyer shall indemnify and defend HOS against, and hold HOS harmless for, any and all claims (including claims for personal injuries), actions, damages, liabilities, losses and costs (including but not limited to reasonable attorneys’ fees) made against HOS, or suffered or incurred by HOS, arising out of, or relating to, the delivery, installation, possession, ownership, use, loss of use, defect in or malfunction of the Goods.
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF PLUS IS WITH YOU. SHOULD PLUS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION, AND YOU AGREE TO HOLD HARMLESS AND INDEMNIFY XXXXXX.
PARTICULAR PURPOSE. DRI acknowledges that CCF has patent or other proprietary rights in certain dispensers, valves and/or components that may be part of the equipment to be sold to DRI, SHC and/or MDF. Accordingly, DRI agrees that all proprietary equipment shall be sold subject to the Proprietary Equipment Repurchase provisions of the Equipment Sales Agreement.
PARTICULAR PURPOSE. Borrower shall have no cause of action against Lender for a default of the Loan Documents unless Borrower first notifies Lender of the default and allows Lender a reasonable -------- time of at least thirty (30) Business Days to cure the default and Lender fails to cure the default.
PARTICULAR PURPOSE. In consideration of being permitted to borrow tools from SWPTL, I, on my own behalf and on behalf of my heirs, assigns, successors, executors, and estate, agree to assume all the risks and responsibilities surrounding my borrowing of the tools, the transportation of the tools, and in any activities I may undertake in connection with the tools borrowed from SWPTL, and in advance release, waive, forever discharge, and covenant not to sue SWPTL, FINANCIAL SPONSOR and LOCATION SPONSOR (collectively, the "Released Parties," to include all of the past, present, and future directors, officers, employees, and volunteers of each of SWPTL. FINANCIAL SPONSOR and LOCATION SPONSOR), from and against any and all liability for any harm, injury, damage, claims, demands, actions, causes of action, costs, and expenses of any nature that I may have or that may hereafter accrue to me, arising out of or related to any loss, damage, or injury, including but not limited to suffering and death, that may be sustained by me or by any property belonging to me, whether caused by the negligence or carelessness of the Released Parties, or otherwise, while in, on, upon, or in transit to or from the location where the tools may be used, or in connection with the use of the tools, whether on my own property, SWPTL's property, or the property of any third party. It is my express intent that this release and waiver shall bind the members of my family and spouse, if I am alive, and my estate, family, heirs, administrators, personal representatives, or assigns, if I am deceased, and shall be deemed as a release of the above-named Released Parties. I further agree to save and hold harmless, indemnify, and defend the Released Parties from any claim by third parties arising out of, or in connection with, my borrowing, use, or transportation of the tools borrowed from SWPTL.
PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Package and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of Package errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
PARTICULAR PURPOSE. Except for MUZAK's maintenance obligations resulting from ordinary and proper use of the equipment as set forth above, Subscriber shall indemnify MUZAK and hold it harmless from and against any and all losses, claims, and expenses relating to the equipment provided hereunder to Subscriber, including without limitation losses caused by accident, fire, theft, or misuse of the equipment. Subscriber shall provide electrical outlets and power as needed for the equipment.
PARTICULAR PURPOSE. If Product is resold by Buyer, Buyer will include in its agreement for resale provisions that limit recoveries in accordance with this Agreement. In case of Xxxxx’s failure to include in any agreement for resale the terms providing for such limitations, Buyer will indemnify, defend and hold Seller harmless against any claim, liability, loss, cost, damage, or expense (including reasonable attorney fees and court costs) arising out of, related to, or resulting from the failure to include in its agreement provisions that limit recoveries in accordance with this Agreement. Xxxxx’s obligation to defend Seller shall require Buyer to pay all reasonable attorney fees and costs required to an attorney selected by Seller. IN NO EVENT WILL SELLER BE LIABLE OR RESPONSIBLE TO BUYER OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR EXPENSE OCCASIONED BY THE USE OF DEFECTIVE PRODUCTS OR RELATED TO SERVICES PROVIDED BY SELLER. BUYER ASSUMES FULL RESPONSIBILITY THAT THE PRODUCTS PURCHASED UNDER THE AGREEMENT MEET THE SPECIFICATIONS AND/OR INTENDED USE OF BUYER, AND SELLER MAKES NO REPRESENTATION WITH RESPECT TO THEM.
PARTICULAR PURPOSE. If any government entity imposes an implied warranty on PFI, it shall have the same time duration as the respective express warranty listed above. This warranty shall be construed and enforced in accordance with North Carolina law, and North Carolina shall have sole and exclusive jurisdiction over any dispute regarding this warranty.
