PRODUCT LIABILITY CLAIMS; PRODUCT WARRANTIES Sample Clauses

PRODUCT LIABILITY CLAIMS; PRODUCT WARRANTIES. Schedule 5.25 sets forth all product liability claims pending or, to the knowledge of IFT, threatened against IFT and all product liability claims paid by or on behalf of IFT for the three (3) year period prior to the date of this Agreement. Except as set forth on Schedule 5.25, IFT has not given or offered any warranty covering any products sold or distributed by it, and IFT has not extended to its customers any indemnification or guarantees.
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PRODUCT LIABILITY CLAIMS; PRODUCT WARRANTIES. Schedule 6.28 sets forth all product liability claims pending or, to the knowledge of TNCI, threatened against TNCI and all product liability claims paid by or on behalf of TNCI for the three (3) year period prior to the date of this Agreement. Except as set forth on Schedule 6.29, TNCI has not given or offered any warranty covering any products sold or distributed by it, and TNCI has not extended to its customers and indemnification or guarantees.
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PRODUCT LIABILITY CLAIMS; PRODUCT WARRANTIES. Schedule 2.23 sets forth all product liability claims pending or, to the knowledge of the Company, threatened against the Company and all product liability claims paid by or on behalf of the Company for the three year period prior to the Closing Date. Except as set forth on Schedule 2.23, the Company has not given or offered any warranty covering any products sold or distributed by it, and the Company has not extended to its customers any indemnification or guarantees.
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PRODUCT LIABILITY CLAIMS; PRODUCT WARRANTIES. To the Best of Seller's Knowledge, there are no product liability claims for injury or damage to persons or property which are pending or threatened against the Seller with respect to products sold by the Seller in the operation of the Business. The Seller has extended to its customers product warranties, indemnifications or guarantees but only with respect to products produced/manufactured by the Business as set forth in the Purchased Contracts and those imposed by law (such as the Uniform Commercial Code), which are being assumed by the Purchaser.
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PRODUCT LIABILITY CLAIMS; PRODUCT WARRANTIES. No product liability claims for injury or damage to persons or property are pending or, to the best of the knowledge of the Sellers and the Company, threatened against the Company with respect to the services provided by the Company. Schedule 4.23 sets forth, for each of the last three fiscal years of the Company, and for the interim period ended on the date hereof, the amount of each product liability claim exceeding $5,000 paid by or on behalf of the Company. Except as specifically described in Schedule 4.23, the Company has not extended to its customers any product warranties, indemnifications or guarantees except those imposed by law. Neither the Company nor any of the Sellers is aware of any circumstances which might reasonably be expected to result in product liability claims against the Company.
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PRODUCT LIABILITY CLAIMS; PRODUCT WARRANTIES. There are no product liability or product warranty claims pending or, to the knowledge of any Seller, threatened against the Partnership; nor to any Seller's knowledge is there any factual basis therefor. Except as set forth in the form of customer service agreement attached hereto as SCHEDULE 3.24, the Partnership has not given or offered any warranty covering any class or group of products or services sold or distributed by the Partnership, which warranty is in effect on the date hereof or will be in effect on the Closing Date.
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PRODUCT LIABILITY CLAIMS; PRODUCT WARRANTIES. Schedule 4.22 sets forth (a) all product liability claims pending or, to the knowledge of Seller, threatened against Cardkey, (b) the standard product warranty policies of Cardkey covering products sold or distributed by Cardkey, and (c) any material variations to the standard warranty policies of Cardkey covering products sold or distributed by Cardkey which are in effect on the date hereof or will be in effect on the Closing Date.
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Related to PRODUCT LIABILITY CLAIMS; PRODUCT WARRANTIES

  • Product Warranty and Product Liability Schedule 5.17 of the Disclosure Schedule contains a true, correct and complete copy of Company’s standard warranty or warranties for sales of Products (as defined below) and, except as stated therein, there are no warranties, commitments or obligations with respect to the return, repair or replacement of Products. Schedule 5.17 of the Disclosure Schedule contains a description of all product liability claims and similar claims, actions, litigation and other proceedings relating to Products which are presently pending or which to Company’s knowledge are threatened, or which have been asserted or commenced against Company within the last two (2) years, in which a party thereto either requests injunctive relief (whether temporary or permanent) or alleges damages in excess of $100,000.00 (whether or not covered by insurance). To the best of the Company’s knowledge, there are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. Except as set forth on Schedule 5.17, none of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign other than in the ordinary course of business. The Products have been designed and manufactured so as to meet and comply with all governmental standards and specifications currently in effect, and have received all governmental approvals necessary to allow their sale and use. As used herein, the term “Products” means any and all products currently or at any time previously manufactured, distributed or sold by Company, or by any predecessor of Company under any brand name or xxxx under which products are or have been manufactured over the last three (3) years, distributed or sold by Company, in or through the Business. [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

  • Product Warranty; Product Liability (a) Except as set forth on Company Disclosure Schedule 4.23, the products produced, sold or delivered by the Company in conducting the Business have been in all material respects in conformity with all product specifications and all applicable Laws. To the Company’s Knowledge, the Company has no material Liability for damages in connection therewith or any other customer or product obligations not reserved against on the Balance Sheet.

  • Product Liability Claims Notwithstanding the provisions of Section 9.2, any Losses arising out of any Third Party claim, suit, action, proceeding, liability or obligation involving any actual or alleged death or bodily injury arising out of or resulting from the development, manufacture or Commercialization of any Fibrocell Products or Improved Products for use or sale in the Field, to the extent that such Losses exceed the amount (if any) covered by the applicable Party’s product liability insurance (“Excess Product Liability Costs”), shall be paid by [*****], except to the extent such Losses arise out of any Third-Party Claim based on the gross negligence or willful misconduct of a Party, its Affiliates, or its Affiliates’ sublicensees, or any of the respective officers, directors, employees and agents of each of the foregoing entities, in the performance of obligations or exercise of rights under this Agreement.

  • Product Liability and Recalls (a) Except a disclosed in Section 3.27 of the Disclosure Schedule or the Company SEC Documents to the Best Knowledge of the Company, there is no claim, or the basis of any claim, against the Company or any of this subsidiaries for injury to person or property of employees or any third parties suffered as a result of the sale of any product or performance of any service by the Company or any of its subsidiaries, including claims arising out of any alleged defective nature of its products or services, which could reasonably be expected to have a Material Adverse Effect on the Company.

  • Product Warranties Except as set forth in Schedule 3.15, (a) there are no warranties express or implied, written or oral, with respect to the Business and (b) there are no pending or threatened claims with respect to any such warranty, and Seller has no liability with respect to any such warranty, whether known or unknown, absolute, accrued, contingent or otherwise and whether due or to become due.

  • Product Liability The Company has no Liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any Liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product manufactured, sold, leased, or delivered by the Company.

  • Product Warranty Each product manufactured, sold, leased, or delivered by the Company has been in conformity with all applicable contractual commitments and all express and implied warranties, and the Company has no Liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any Liability) for replacement or repair thereof or other damages in connection therewith, subject only to the reserve for product warranty claims set forth on the face of the balance sheet included in the Interim Financial Statements (rather than in any notes thereto) as adjusted for the passage of time through the Closing Date in accordance with the past custom and practice of the Company. No product manufactured, sold, leased, or delivered by the Company is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease. Section 4.22 of the Disclosure Schedule includes copies of the standard terms and conditions of sale or lease for the Company (containing applicable guaranty, warranty, and indemnity provisions).

  • Manufacturer’s Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.

  • Product Liabilities There are no product recalls, trade disputes, product liabilities or product tampering claims now pending, threatened against or made by or affecting the Company or any of its directors, officers or employees or the businesses, assets or rights of the Company.

  • Products Liability There is no Action before any Governmental Authority involving Seller based upon breach of product warranty, strict liability in tort, negligent design, negligent manufacture of product, defects in design, manufacture, materials or workmanship, negligent provision of services, or any other allegation of liability, including or resulting in product recalls, arising from the materials, design, testing, manufacture, packaging, labeling (including instruction for use), documentation or sale of products (collectively, “Product Claims”; and, to the Knowledge of Seller, there is no basis for any such Product Claim. To the Knowledge of Seller, there are no material errors in any published technical documentation, specifications, manuals or user guides provided in the ordinary course of business to customers of the Business. There have been no material defects in design, manufacturing, materials or workmanship, including any failure to warn, or any breach of express or implied warranties or representations, which involve any product manufactured (or to be manufactured), shipped, sold, installed or delivered by or on behalf of Seller. There have been no product recalls by Seller with respect to any products manufactured (or to be manufactured), shipped, sold, installed or delivered by or on behalf of Seller, or to the Knowledge of Seller any investigation or consideration of or decision made by any Person or Governmental Authority concerning whether to undertake or not to undertake any recall. All manufacturing standards applied, testing procedures used, and product specifications disclosed to customers by Seller have complied in all material respects with all requirements established by any applicable Law or any Governmental Authority.

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