Representations and Warranties for Professional Services Sample Clauses

Representations and Warranties for Professional Services. Nexthink warrants that the Professional Services will be performed in a professional and workmanlike manner consistent with applicable industry standards. As Customer’s sole remedy and Nexthink’s sole liability for any breach of the foregoing warranty set forth in this Section, Nexthink will, at its sole option and expense, promptly re-perform the non-conforming Professional Services or refund to Customer the fees paid for the non-conforming Professional Services; provided, however, that Customer notifies Nexthink no later than thirty (30) days after delivery of such Professional Services.
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Representations and Warranties for Professional Services. Professional Services" means certain implementation, training or other services described as such in the Order Form. Buyer acknowledges that before Buyer exercises any right to End the Call-Off Contract for Material Breach of the warranty in Clause 2.3.8 of the Framework Agreement as incorporated into the Call-Off Contract, it will grant the Supplier reasonably opportunity to, at Supplier's sole option and expense, promptly re-perform the non-conforming Professional Services or refund to Buyer the fees paid for the non- conforming Professional Services; provided, however, that Buyer notifies Supplier no later than thirty (30) days after delivery of such Professional Services.
Representations and Warranties for Professional Services. Nexthink warrants that the Professional Services will be performed in a professional and workmanlike manner consistent with applicable industry standards. As Customer’s sole remedy and Nexthink’s sole liability for any breach of the foregoing warranty set forth in this Section, Nexthink will, at its sole option and expense, promptly re-perform the non-conforming Professional Services or refund to Customer the fees paid for the non-conforming Professional Services; provided, however, that Customer notifies Nexthink no later than thirty (30) days after delivery of such Professional Services. Disclaimer. THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES GIVEN BY NEXTHINK WITH RESPECT TO THE NEXTHINK MATERIALS, WHICH ARE OTHERWISE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS. NEXTHINK AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, IRRESPECTIVE OF ANY PREVIOUS COURSE OF DEALING BETWEEN THE PARTIES OR CUSTOM OR USAGE OF TRADE. NEXTHINK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEXTHINK MAKES NO WARRANTY REGARDING ANY THIRD-PARTY APPLICATION WITH WHICH THE SERVICES MAY INTEROPERATE.

Related to Representations and Warranties for Professional Services

  • Representations and Warranties of Developer Developer makes the following representations and warranties:

  • Client’s Representations and Warranties Client hereby represents and warrants to Adviser that: (i) Client has the requisite legal capacity and authority to execute, deliver and to perform its obligations under this Agreement; (ii) this Agreement has been duly authorized, executed and delivered by Client and is the legal, valid and binding agreement of Client, enforceable against Client in accordance with its terms; (iii) Client’s execution of this Agreement and the performance of its obligations hereunder do not conflict with or violate any provisions of the governing documents of Client or any obligations by which Client is bound, whether arising by contract, operation of law or otherwise; (iv) Client will deliver to Adviser evidence of Client’s authority in compliance with such governing documents upon Adviser’s request; and (v) the Client is the owner of all cash, Investments and other assets in the Account, and there are no restrictions on the pledge, hypothecation, transfer, sale or public distribution of such cash, securities or assets.

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