Product and Service Matters Sample Clauses

Product and Service Matters. Except as disclosed in Schedule 1.26, each product manufactured, sold, leased, delivered or installed or services performed by Designer Apparel prior to the Closing has, in all respects, complied with and conformed to all applicable federal, state, local or foreign laws and regulations, contractual commitments and all applicable warranties of Designer Apparel. Schedule 1.26 includes copies of the standard terms and conditions of sale, lease, delivery or installation for the products and services of Designer Apparel (containing applicable guaranty, warranty, and indemnity provisions). Except as disclosed in Schedule 1.26, none of such products or services is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease.
Sample 1
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Product and Service Matters. Except as disclosed in Schedule 1.26, each product manufactured, sold, leased, delivered or installed or services performed by W Marketing prior to the Closing has, in all respects, complied with and conformed to all applicable federal, state, local or foreign laws and regulations, contractual commitments and all applicable warranties of W Marketing. Schedule 1.26 includes copies of the standard terms and conditions of sale, lease, delivery or installation for the products and services of W Marketing (containing applicable guaranty, warranty, and indemnity provisions). Except as disclosed in Schedule 1.26, none of such products or services is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease.
Sample 1
Product and Service Matters. Except as disclosed in Schedule 1.26, each product manufactured, sold, leased, delivered or installed or services performed by Premier prior to the Closing has, in all respects, complied with and conformed to all applicable federal, state, local or foreign laws and regulations, contractual commitments and all applicable warranties of Premier. Schedule 1.26 includes copies of the standard terms and conditions of sale, lease, delivery or installation for the products and services of Premier (containing applicable guaranty, warranty, and indemnity provisions). Except as disclosed in Schedule 1.26, none of such products or services is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease.
Sample 1
Product and Service Matters. Except as disclosed in Schedule 1.26, each product manufactured, sold, leased, delivered or installed or services performed by Cranbury prior to the Closing has, in all respects, complied with and conformed to all applicable federal, state, local or foreign laws and regulations, contractual commitments and all applicable warranties of Cranbury. Schedule 1.26 includes copies of the standard terms and conditions of sale, lease, delivery or installation for the products and services of Cranbury (containing applicable guaranty, warranty, and indemnity provisions). Except as disclosed in Schedule 1.26, none of such products or services is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease.
Sample 1
Product and Service Matters. Except as disclosed in Schedule 1.29, each product manufactured, sold, leased, delivered or installed or services performed by Classics and its Subsidiaries prior to the Closing has, in all respects, complied with and conformed to all applicable federal, state, local or foreign laws and regulations, contractual commitments and all applicable warranties of Classics and its Subsidiaries. Schedule 1.29 includes copies of the standard terms and conditions of sale, lease, delivery or installation for the products and services of Classics and its Subsidiaries (containing applicable guaranty, warranty, and indemnity provisions). Except as disclosed in Schedule 1.29, none of such products or services is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease.
Sample 1
Product and Service Matters. Except as disclosed in Schedule 1.26, each product manufactured, sold, leased, delivered or installed or services performed by OEP prior to the Closing has, in all respects, complied with and conformed to all applicable federal, state, local or foreign laws and regulations, contractual commitments and all applicable warranties of OEP. Schedule 1.26 includes copies of the standard terms and conditions of sale, lease, delivery or installation for the products and services of OEP (containing applicable guaranty, warranty, and indemnity provisions). Except as disclosed in Schedule 1.26, none of such products or services is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease.
Sample 1
Product and Service Matters. (a) Subject to the warranty reserve for the Business described in the Financial Statements (as adjusted for the passage of time through the Closing Date), each Business Product has been developed, manufactured, sold, licensed, leased, rendered, provided or delivered, as applicable, in conformity in all material respects with the specifications for such Business Product, all applicable contractual commitments, all applicable express and implied warranties of Sellers, and all applicable Laws. There are no material defects in any Business Product that would be reasonably likely to result in Liability to Sellers or Purchaser in excess of the warranty reserve for the Business described in the Financial Statements (as adjusted for the passage of time through the Closing Date). In the past three (3) years (i) there have been no product recalls, post-sale notices or warnings or similar matters, or obligations thereof, with respect to any Business Product, and to the Knowledge of Sellers, there is no reasonable basis for any of the foregoing, and (ii) neither Seller has been required to file, or has filed, any notification or other report with or provide information to any Governmental Entity or product safety standards group concerning actual or potential defects or other hazards with respect to any Business Product and, to the Knowledge of Sellers, there is no reasonable basis for any of the foregoing. Schedule 4.19(a) of the Disclosure Schedules sets forth a true, correct and complete list of the models and types of Business Products marketed, sold or provided by any Seller in the three full model years preceding the date of this Agreement. (b) Schedule 4.19(b) of the Disclosure Schedules sets forth a true, correct and complete list of: (i) each Business Product unit sold by any Seller for which the aggregate of all paid warranty claims in the past three years exceeded $10,000, as well as the aggregate of all such claims for such Business Product unit; and (ii) all Business Products repurchased by any Seller in the past three years, whether due to warranty issues or other claims or disputes or otherwise, as well as the customer, issue, cost incurred to date, and status. Except as set forth on Schedule 4.19(b) of the Disclosure Schedules, there are and within the past three years have been, no material claims or disputes against or involving any Seller with respect to any Business Product that are not of the type covered by the warranties set forth on Schedule 4....
Sample 1
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Product and Service Matters. Except as disclosed in Schedule 1.27, each product manufactured, sold, leased, delivered or installed or services performed by Eco-Tek prior to the Closing has, in all respects, complied with and conformed to all applicable federal, state, local or foreign laws and regulations, contractual commitments and all applicable warranties of Eco-Tek. Schedule 1.27 includes copies of the standard terms and conditions of sale, lease, delivery or installation for the products and services of Eco-Tek (containing applicable guaranty, warranty, and indemnity provisions). Except as disclosed in Schedule 1.27, none of such products or services is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease.
Sample 1

Related to Product and Service Matters

  • Product and Service Warranties 21- SECTION 3.30

  • Product and Service Offerings The Products and services available under this Contract are set forth herein and specified in Appendices C and D which may be amended during the contract term to incorporate new Product or service offerings, price revisions or deleted items. This Contract is limited to sale, installation and maintenance of Product (see also 4.2 Service Offerings). Leasing is not permitted at this time. The Commissioner reserves the right to amend the Contract at any time to incorporate lease offerings. Offering updates should be submitted under the Contract as soon as possible after they are announced by Contractor in accordance with the terms of Appendix H. GENERAL CONSIDERATIONS A. No drug use of any type, nor consumption of alcoholic beverages by the Contractor or its personnel shall be permitted on the premises. B. The Authorized User will not be liable for any expense incurred by the Contractor as a consequence of any traffic infraction or parking violations attributable to employees of the Contractor. C. It is the Contractor's responsibility to maintain the equipment and materials provided for the work consistent with applicable safety and health codes. D. The Office of General Services' interpretation of specifications shall be final and binding upon the Contractor. E. The Office of General Services will make no allowance or concession to the Contractor for any alleged misunderstanding or deception because of quantity, quality, character, location, or other conditions.

  • Support and Services ISD and HC agree to the following conditions: A. HC agrees to the following for both the mathematics and English language arts courses: i. To share data and provide feedback regarding student success on entry‐level college mathematics and English language arts courses; ii. To train advisors to recognize and honor course(s) on school district transcripts; iii. To ensure that eligible students are counseled directly into college level mathematics, English language arts, and all other courses that require mathematics and English language arts college readiness; B. HC agrees to the following for the college preparatory mathematics courses: i. To provide the Student Learning Outcomes; ii. To provide the syllabi for the courses being offered. iii. To provide regular meetings between the HC faculty and ISD faculty teaching the course. C. HC agrees to the following for the college preparatory English language arts course: i. To provide the Student Learning Outcomes for Integrated Reading/Writing (INRW 0303) course; ii. To provide the syllabi, including types of essays required (i.e., expository, persuasive, and critical analysis). iii. To provide regular meetings between the HC faculty and ISD faculty teaching the course. D. ISD agrees to the following for both the mathematics and English language arts courses: i. To provide highly qualified instructors for the courses being taught; ii. To identify students who are not college ready as stated in HB 5; iii. To provide professional development and resources required to teach the mathematics and English language arts courses; iv. To identify successful completion of the course(s) on the student transcripts as determined by the State of Texas PEIMS number; v. To provide curriculum for the course that is consistent with HC Student Learning Outcomes; vi. To provide assistance with admission, enrollment, and financial aid applications; E. ISD agrees to the following for the college preparatory mathematics course: i. To teach a math course designed to focus on college mathematics (algebraic or non‐algebraic) concepts; ii. Require students to meet college readiness scores on the TSI Assessment; iii. To meet regularly with HC faculty. F. ISD agrees to the following for the college preparatory English language arts course: i. To teach an integrated Reading and Writing course that focuses on critical reading and college‐level writing; ii. Require students to meet college readiness scores on the TSI Assessment; iii. To meet regularly with HC faculty.

  • Proposed Policies and Procedures Regarding New Online Content and Functionality By October 31, 2017, the School will submit to OCR for its review and approval proposed policies and procedures (“the Plan for New Content”) to ensure that all new, newly-added, or modified online content and functionality will be accessible to people with disabilities as measured by conformance to the Benchmarks for Measuring Accessibility set forth above, except where doing so would impose a fundamental alteration or undue burden. a) When fundamental alteration or undue burden defenses apply, the Plan for New Content will require the School to provide equally effective alternative access. The Plan for New Content will require the School, in providing equally effective alternate access, to take any actions that do not result in a fundamental alteration or undue financial and administrative burdens, but nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services as their nondisabled peers. To provide equally effective alternate access, alternates are not required to produce the identical result or level of achievement for persons with and without disabilities, but must afford persons with disabilities equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs. b) The Plan for New Content must include sufficient quality assurance procedures, backed by adequate personnel and financial resources, for full implementation. This provision also applies to the School’s online content and functionality developed by, maintained by, or offered through a third-party vendor or by using open sources. c) Within thirty (30) days of receiving OCR’s approval of the Plan for New Content, the School will officially adopt, and fully implement the amended policies and procedures.

  • THIRD-PARTY CONTENT, SERVICES AND WEBSITES 10.1 The Services may enable You to link to, transfer Your Content or Third Party Content to, or otherwise access, third parties’ websites, platforms, content, products, services, and information (“Third Party Services”). Oracle does not control and is not responsible for Third Party Services. You are solely responsible for complying with the terms of access and use of Third Party Services, and if Oracle accesses or uses any Third Party Services on Your behalf to facilitate performance of the Services, You are solely responsible for ensuring that such access and use, including through passwords, credentials or tokens issued or otherwise made available to You, is authorized by the terms of access and use for such services. If You transfer or cause the transfer of Your Content or Third Party Content from the Services to a Third Party Service or other location, that transfer constitutes a distribution by You and not by Oracle. 10.2 Any Third Party Content we make accessible is provided on an “as-is” and “as available” basis without any warranty of any kind. You acknowledge and agree that we are not responsible for, and have no obligation to control, monitor, or correct, Third Party Content. We disclaim all liabilities arising from or related to Third Party Content. 10.3 You acknowledge that: (i) the nature, type, quality and availability of Third Party Content may change at any time during the Services Period, and (ii) features of the Services that interoperate with Third Party Services such as Facebook™, YouTube™ and Twitter™, etc., depend on the continuing availability of such third parties’ respective application programming interfaces (APIs). We may need to update, change or modify the Services under this Agreement as a result of a change in, or unavailability of, such Third Party Content, Third Party Services or APIs. If any third party ceases to make its Third Party Content or APIs available on reasonable terms for the Services, as determined by us in our sole discretion, we may cease providing access to the affected Third Party Content or Third Party Services without any liability to You. Any changes to Third Party Content, Third Party Services or APIs, including their unavailability, during the Services Period does not affect Your obligations under this Agreement or the applicable order, and You will not be entitled to any refund, credit or other compensation due to any such changes.

  • SERVICE MONITORING, ANALYSES AND ORACLE SOFTWARE 11.1 We continuously monitor the Services to facilitate Oracle’s operation of the Services; to help resolve Your service requests; to detect and address threats to the functionality, security, integrity, and availability of the Services as well as any content, data, or applications in the Services; and to detect and address illegal acts or violations of the Acceptable Use Policy. Oracle monitoring tools do not collect or store any of Your Content residing in the Services, except as needed for such purposes. Oracle does not monitor, and does not address issues with, non-Oracle software provided by You or any of Your Users that is stored in, or run on or through, the Services. Information collected by Oracle monitoring tools (excluding Your Content) may also be used to assist in managing Oracle’s product and service portfolio, to help Oracle address deficiencies in its product and service offerings, and for license management purposes. 11.2 We may (i) compile statistical and other information related to the performance, operation and use of the Services, and (ii) use data from the Services in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes (clauses i and ii are collectively referred to as “Service Analyses”). We may make Service Analyses publicly available; however, Service Analyses will not incorporate Your Content, Personal Data or Confidential Information in a form that could serve to identify You or any individual. We retain all intellectual property rights in Service Analyses. 11.3 We may provide You with the ability to obtain certain Oracle Software (as defined below) for use with the Services. If we provide Oracle Software to You and do not specify separate terms for such software, then such Oracle Software is provided as part of the Services and You have the non-exclusive, worldwide, limited right to use such Oracle Software, subject to the terms of this Agreement and Your order (except for separately licensed elements of the Oracle Software, which separately licensed elements are governed by the applicable separate terms), solely to facilitate Your use of the Services. You may allow Your Users to use the Oracle Software for this purpose, and You are responsible for their compliance with the license terms. Your right to use any Oracle Software will terminate upon the earlier of our notice (by web posting or otherwise) or the end of the Services associated with the Oracle Software. Notwithstanding the foregoing, if Oracle Software is licensed to You under separate terms, then Your use of such software is governed by the separate terms. Your right to use any part of the Oracle Software that is licensed under the separate terms is not restricted in any way by this Agreement.

  • Products and Services General Information

  • Content and Services Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.

  • Service Level Agreements If a Service or a Plan includes a Service Level Agreement (SLA): (a) we are liable for any remedy or rebate specified by the SLA; and (b) subject to clauses 40 to 42, and to the express terms of the SLA, our liability for breach of the SLA is limited to such remedy or rebate.

  • Additional Products and Services Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

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