Provider Warranty Sample Clauses

Provider Warranty. Provider warrants that: (a) Provider has the authority to enter into this Agreement and (b) the Service will substantially operate and conform to the Documentation.
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Provider Warranty. 331.1 The Provider warrants and represents to the Authority that on the date hereof:
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Provider Warranty. Provider warrants that it has the ownership rights and/or licenses necessary to perform its obligations under this Agreement. Partner’s sole and exclusive remedy and Provider’s entire liability for any breach of the warranty in the preceding sentence shall be for Provider to perform its obligations under the Infringement Indemnity Section of this Agreement. Provider shall provide a limited warranty on the Products and Professional Services as set out in the STA or Services Agreement (as applicable).
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Provider Warranty. 30.1 The Provider warrants and represents to the Authority that on the date hereof that where relevant (in terms of its legal status): 30.1.1 it is properly constituted and incorporated under the laws of England and Wales and has the corporate power to own its assets and to carry on its business as it is now being conducted; 30.1.2 it has the corporate power to enter into and to exercise its rights and perform its obligations under this Agreement; 30.1.3 all action necessary on the part of the Provider to authorise the execution of and the performance of its obligations under the Agreement has been taken; 30.1.4 the obligations expressed to be assumed by the Provider under the Agreement are legal, valid, binding and enforceable to the extent permitted by law and will be in the proper form for enforcement in England; 30.2 The execution, delivery and performance by it of the Agreement do not contravene any provision of: 30.2.1 any existing legislation either in force or enacted but not yet in force binding on the Provider; 30.2.2 the Memorandum and Articles of Association of the Provider; 30.2.3 any order or decree of any court or arbitrator which is binding on the Provider; 30.2.4 any obligation which is binding upon the Provider upon any of its assets or revenues; 30.2.5 no claim is presently being assessed and no litigation, arbitration or administrative proceedings are presently in progress or, to the best of the knowledge of the Provider, pending or threatened against it or any of its assets which will or might have a material adverse effect on the ability of the Provider to perform its obligations under this Agreement; 30.2.6 it is not the subject of any other obligation, compliance with which will or is likely to have a material adverse effect upon the ability of the Provider to perform its obligations under this Agreement; 30.2.7 no proceedings or other steps have been taken and not discharged (nor to the best of the knowledge of the Provider threatened) for its winding up or dissolution or for the appointment of a receiver, administrative receiver, administrator, liquidator, trustee or similar officer in relation to any of its assets or revenues; 30.2.8 the copies of the Agreement which the Provider has delivered or, when executed will deliver to the Authority are or as the case may be will be true and complete copies of such documents and there are not in existence any other agreements or documents replacing or relating to any of this Agreement whi...
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Provider Warranty. PROVIDER WARRANTS THAT IT WILL USE ALL REASONABLE EFFORTS TO MAINTAIN [ITS OVERALL NETWORK QUALITY]. THE QUALITY OF SERVICE PROVIDED HEREUNDER SHALL BE CONSISTENT WITH TELECOMMUNICATIONS COMMON CARRIER INDUSTRY STANDARDS, GOVERNMENT REGULATIONS AND SOUND BUSINESS PRACTICES. PROVIDER MAKES NO OTHER WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE SERVICE OR THE LOCAL ACCESS OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY PROVIDER ARE HEREBY EXCLUDED AND DISCLAIMED.
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Provider Warranty. Provider warrants that the Cloud Services will conform in all material respects to the Service Levels when accessed and used by Customer in accordance with the Documentation. Provider does not make any representations or guarantees regarding uptime or availability of the Cloud Services unless specifically identified in the Service Levels. The remedies set forth in the Service Levels are Customer's sole remedies and Provider's sole liability under the limited warranty set forth in this Section 12(a). THE FOREGOING WARRANTY DOES NOT APPLY, AND PROVIDER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD- PARTY PRODUCTS.
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Provider Warranty. Provider warrants that: (a) any Work Product or Provider Tools will conform to their applicable Specifications or acceptance criteria when delivered; and (b) there is no outstanding contract, commitment or agreement to which Provider is a party or legal impediment or any kind known to Provider, which conflicts with this Agreement or might limit, restrict, or impair the rights granted to Client hereunder.
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Provider Warranty. The Provider warrants that, as at the date of this 2.3.1 is not aware of anything within its reasonable control which might or will adversely affect its ability to provide the services; and 2.3.2 has sufficient resources, skills and supervision to carry out the services.
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Related to Provider Warranty

  • Customer Warranty Customer’s and its End Users’ use of the Services must always comply with all applicable Laws and this Agreement.

  • Customer Warranties Customer warrants that (i) if an entity, it is duly organized and validly existing in good standing; (ii) it is duly authorized to execute, deliver, and perform its obligations under this Agreement; (iii) when duly executed and delivered by each Party, the Agreement will constitute Customer’s legal, valid, and binding obligation, enforceable against it in accordance with its terms; (iv) it is not insolvent and is paying all of its debts as they become due; (v) any payments made pursuant to the Agreement are intended by it to be a substantially contemporaneous exchange for new value given to it; (vi) each payment made of a debt incurred by it under this Agreement is or was in the ordinary course of its business or financial affairs, and (vii) all information supplied by Customer is complete and accurate.

  • Supplier Warranties The warranties made by Supplier with respect to each Product are solely those that are contained in the product insert accompanying such Product. No other affirmation of fact or promise made by Distributor or its Suppliers, whether or not in this Agreement, by words or action shall constitute a warranty. The foregoing warranty does not extend to any Product that is modified or altered, or treated with abuse, negligence or other improper treatment. Standard Limited Warranty. Distributor shall pass on to Subdistributor so that it may pass on to the customers the Supplier’s standard limited warranty for Products, including limitations set for in subsection (b) Limitation of Liability and Warranty below. Except for the stated warranty set forth on, or included with, the Products as delivered to the Subdistributor and /or its customers, the warranty and remedy set forth in this 0 are exclusive and all other warranties, guarantees or representations, express or implied, by Distributor’s Suppliers with respect to the applicable Products, including, without limitation, warranties of merchantability and fitness for particular purpose, and any other obligation or liability of Distributor and its Suppliers to Subdistributor or to any third party with respect to the Products, are hereby excluded. This warranty is contingent upon proper use of a Product in the application for which such Product was intended and does not cover Products that were modified without Distributor or its Supplier’s prior written approval, that have expired or that were subjected to physical, chemical or electrical stress that the products were not originally designed for.

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

  • Client Warranties a) Client shall fully brief Oracle as to its requirements or objectives prior to entering into the Agreement and shall keep Oracle so briefed during the term of the Agreement. b) Client shall cooperate with Oracle in all matters relating to the Services and shall, at its own expense, supply Oracle with all materials and data reasonably requested by Oracle from time to time for the proper provision of the Services. c) Client shall respond promptly to any request by Oracle for materials or approval and within any deadline reasonably required by Oracle to provide the Services.

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

  • How to Obtain Warranty Service The Warranty Holder must inspect the Flooring for Manufacturing Defects caused by improper milling, grading, staining and coating, and report any such defects to Cali Bamboo, prior to installation of the Flooring. To obtain warranty service, the Warranty Holder must contact Cali Bamboo’s Customer Experience Department: xxxxxxxxxxxxxxx@xxxxxxxxxx.xxx/ 000-000-0000. Warranty claims must be received within 30 calendar days after the Warranty Holder identifies the Manufacturing Defect or other basis for a warranty claim. To be covered under this Cali Bamboo limited warranty, the Warranty Holder must provide documentation of sales order and proof that the Flooring was properly installed in accordance with the Installation Guide (defined below). Cali Bamboo reserves the right to retain a certified and independent flooring inspector to verify the Warranty Holder’s warranty claims. The determination of the flooring inspector regarding the warranty claim is not binding on either Cali Bamboo or on the Warranty Holder. A determination that does not verify the warranty claim shall not affect the Warranty Holder’s right to submit its claim to arbitration in accordance with the terms of the Arbitration Agreement (as defined in Cali Bamboo’s Terms and Conditions of Purchase). The performance of the inspection, however, if requested by Xxxx Xxxxxx and assuming that Xxxx Xxxxxx advances the full cost of the inspection as described above, is a requirement for the Warranty Holder to submit a warranty claim to arbitration under the Arbitration Agreement. For specific instructions on how to obtain warranty service for defective Flooring, visit the Cali Bamboo website xxxxx://xxx.xxxxxxxxxx.xxx/geowood-flooring-warranty/. This limited warranty covers Flooring that is both (i) installed with strict adherence to Cali Bamboo’s GeoWood flooring installation guide found online at xxxxx://xxx.xxxxxxxxxx.xxx/flooring-installation/ (the “Installation Guide”) and (ii) maintained in accordance with Cali Bamboo’s GeoWood flooring care and maintenance guidelines found online at xxxxx://xxx.xxxxxxxxxx.xxx/floor-care-and-maintenance/ (the “Maintenance Guide”). Cali Bamboo will provide copies of these guides upon request by the Warranty Holder. This limited warranty only applies when the Flooring is used under normal traffic and other usage conditions. The limited warranty for Manufacturing Defects does not apply after the Warranty Holder has installed the Flooring, and product variation or error that does not exceed the 5% industry standard is not considered a Manufacturing Defect for purposes of this limited warranty. This limited warranty does not extend to or cover:

  • Warranty Grantee warrants that all work under this Grant Agreement shall be completed in a manner consistent with standards under the terms of this Grant Agreement, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Grant Agreement; and all deliverables shall be fit for ordinary use, of good quality, and with no material defects. If System Agency, in its sole discretion, determines Grantee has failed to complete work timely or to perform satisfactorily under conditions required by this Grant Agreement, the System Agency may require Grantee, at its sole expense, to: i. Repair or replace all defective or damaged work; ii. Refund any payment Grantee received from System Agency for all defective or damaged work and, in conjunction therewith, require Grantee to accept the return of such work; and, iii. Take necessary action to ensure that Xxxxxxx’s future performance and work conform to the Grant Agreement requirements.

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