Common use of Product Warranties; Defects; Liabilities Clause in Contracts

Product Warranties; Defects; Liabilities. Each Company Product has ---------------------------------------- been in all material respects in conformity with all applicable contractual commitments and all applicable express and implied warranties. The Company does not have any liability or obligation (and to the Company's knowledge, there is no current reasonable basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against the Company giving rise to any liability or obligation) for replacement or repair thereof or other damages in connection therewith except liabilities or obligations incurred in the ordinary course of business consistent with past practice which do not have a Material Adverse Effect on the Company. No Company Product is subject to any guaranty, warranty or other indemnity beyond the applicable standard terms and conditions of sale, license or lease or beyond that implied or imposed by applicable law. Schedule 2.15 includes a copy of the standard terms and ------------- conditions of sale, license or lease for each of the Company Products and copies of the Company's standard forms of merchant agreements, portal agreements and professional services agreements.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Seagate Technology Inc), Agreement and Plan of Reorganization (Seagate Technology Malaysia Holding Co Cayman Islands)

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Product Warranties; Defects; Liabilities. Each Company Product has ---------------------------------------- been in all material respects in conformity with all applicable contractual commitments and all applicable express and implied warranties. The Neither the Company does not have nor any Subsidiary has any liability or obligation (and to the Company's knowledge, there is no current reasonable basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against the Company or any Subsidiary giving rise to any liability or obligation) for replacement or repair thereof or other damages in connection therewith except liabilities or obligations incurred in the ordinary course of business consistent with past practice which do not have a Material Adverse Effect on the Companypractice. No Company Product is subject to any guaranty, warranty warranty, or other indemnity beyond the applicable standard terms and conditions of sale, license or lease or beyond that implied or imposed by applicable law. Schedule 2.15 SCHEDULE 2.16 of the Company Schedules includes a copy of the standard terms and ------------- conditions of sale, license license, or lease for each of the Company Products and copies of the Company's and the Subsidiaries' standard forms of merchant agreements, portal agreements and professional services agreements.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Red Hat Inc)

Product Warranties; Defects; Liabilities. Each Company Product has ---------------------------------------- been in all material respects in conformity with all applicable contractual commitments and all applicable express and implied warranties. The Company does not have any present liability or obligation (and to the Company's knowledge, there is no current reasonable basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against the Company giving rise to any liability or obligation) for replacement or repair thereof or other damages in connection therewith except liabilities or obligations incurred in the ordinary course of business consistent with past practice which do not have a Material Adverse Effect on the Company. No Company Product is subject to any guaranty, warranty or other indemnity beyond the applicable standard terms and conditions of sale, license or lease or beyond that implied or imposed by applicable law. Schedule 2.15 includes a copy of the ------------- standard terms and ------------- conditions of sale, license or lease for each of the Company Products and copies of the Company's standard forms of merchant agreements, portal agreements and professional services agreements.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Cobalt Networks Inc)

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Product Warranties; Defects; Liabilities. Each Company Product has ---------------------------------------- been in all material respects in conformity with all applicable contractual commitments and all applicable express and implied warranties. The Company does not have any liability or obligation (and to the Company's knowledge, there is no current reasonable basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against the Company giving rise to any liability or obligation) for replacement or repair thereof or other damages in connection therewith except liabilities or obligations incurred in the ordinary course of business consistent with past practice which do not have a Material Adverse Effect on the Company. No Company Product is subject to any guaranty, warranty warranty, or other indemnity beyond the applicable standard terms and conditions of sale, license or lease or beyond that implied or imposed by applicable law. Schedule 2.15 2.16 includes a copy of the standard terms and ------------- conditions of sale, license license, or lease for each of the Company Products and copies of the Company's standard forms of merchant agreements, portal agreements and professional services agreements.

Appears in 1 contract

Samples: Affiliate Agreement (Inktomi Corp)

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