Representations Warranties and Disclaimer Sample Clauses
Representations Warranties and Disclaimer. UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
Representations Warranties and Disclaimer. 11.1 Each Party represents and warrants in relation to itself, to the other Party, that:
(i) It has all requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement and has been fully authorized by all requisite corporate actions to do so.
(ii) It has all necessary statutory and regulatory permissions, rights, authorizations, approvals and permits for the running and operation of its business, more particularly for the Services and the execution and performance of this Agreement by either of the Parties does not and shall not violate any provision of applicable law.
(iii) The person signing this Agreement is duly authorized and has legal capacity to execute and deliver this Agreement; and the execution and delivery of the Agreement and the performance of its obligations hereunder have been duly authorized and that the Agreement constitute a valid and legal agreement binding on it and enforceable in accordance with its terms.
11.2 MDXi warrants to the Customer that it shall provide support for all faults or complaints reported in respect the Service as detailed in schedule 1.
11.3 The Customer hereby indemnifies and holds MDXi harmless against any claim instituted by any other MDXi Customers or other third party against MDXi, which claim arises out of any wrongful act or omission on the part of the Customer.
11.4 The Customer further agrees that it shall have no claim against MDXi for any loss harm or damage arising out of this Agreement, including, without limitation, due to any wrongful act or omission of any other MDXi Customer or any other third party.
11.5 To the maximum extent permitted by applicable law except for the warranties set forth in these Agreement, MDXi and its licensors and service providers disclaim all warranties and conditions, whether express, implied, or statutory, including and warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing of course of performance, relating to the Service or any materials or Services provided to the Customer under this Agreement. All Services are provided by MDXi and its licensors and do not warrant that the Service will be uninterrupted or free from defects, or that the Service will meet (or is designed to meet) the Customer’s business requirements.
Representations Warranties and Disclaimer. 15.1 Client’s Representations, Warranties and Covenants. Client represents, warrants and covenants that: (i) Client has the right, power and authority to enter into, and perform Client’s obligations under this Agreement, including, without limitation, assigning or granting the rights and/or licenses to Quivers set forth herein; (ii) the acts of entering into and performing Client’s obligations under this Agreement do not violate any agreement, rights or obligations existing between Client and any other person or entity; (iii) throughout the term of this Agreement, Client shall not enter into any agreement that is inconsistent with Client’s obligations hereunder; (iv) to the best of Client’s knowledge, any Content Client provides to Quivers does not and will not infringe upon or misappropriate any copyright, patent, trade secret, trademark, service mark, or other proprietary or Intellectual Property Rights of others; (v) the Content Client provides to Quivers does not and shall not contain any Content, data, work, materials, link, advertising or services that actually or potentially violate any law or regulation or infringe or misappropriate any copyright, patent, trade secret, trademark, service mark, or other proprietary or intellectual property, contract or tort right of any person; (vi) any information Client provides to Quivers in the performance of this Agreement is not and shall not be the confidential information of any third party; (vii) Client will comply with all applicable laws and regulations, including, without limitation, all export and import control laws and regulations in Client’s performance hereunder; and (viii) in entering this Agreement, Client is not relying on any representation, guarantee or statement that is not expressly contained herein.
Representations Warranties and Disclaimer a. You represent, warrant and covenant to Licensee that You are an XXXX Member in good standing;
b. Neither Licensee nor XXXX makes any (and there are no) representations, warranties, conditions or covenants of any kind, whether express, implied, statutory or arising by custom or usage or otherwise, regarding the Application, the Forms and Clauses (or the Use thereof) including, without limitation, any representation, warranty, condition or covenant:
i. regarding the accuracy or reliability of the Forms and Clauses or that the Forms and Clauses are complete, correct, current and free from errors, defects, omissions or deficiencies of any kind;
ii. that errors, defects, omissions or deficiencies in the Forms and Clauses (if any) can or will be corrected;
iii. that the Forms and Clauses are applicable, adequate or suitable for use in any particular Transaction or will meet the requirements of any Licensee Party for use in any Transaction;
iv. regarding the merchantability of fitness of the Forms and Clauses for a particular purpose, and;
v. regarding the non-infringement of any third party rights (including Intellectual Property Rights) by virtue of use or other exploitation of any Forms and Clauses by any Licensee Party.
c. LICENSEE AND XXXX HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING BY CUSTOM OF USAGE OR OTHERWISE REGARDING THE FORMS AND CLAUSES AND THE USE THEREOF TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
Representations Warranties and Disclaimer. 13.1 Each Party represents and warrants that it has all the rights, power and authority to enter into this Agreement. Each Party represents and warrants that it owns, controls, or has previously been granted the necessary rights in and to any Intellectual Property which enables it to grant to the other the rights granted herein.
13.2 EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED HEREIN AND SUBJECT TO ARTICLE 13.1, NO WARRANTY, GUARANTEE, OR REPRESENTATION WITH RESPECT TO THE TECHNICAL INFORMATION OR ITS SUITABILITY FOR THE PURPOSES CONTEMPLATED BY LICENSEE IS MADE BY LICENSOR. LICENSEE SHALL RELY SOLELY ON ITS OWN EXPERTISE AND EXPERIENCE IN DETERMINING WHETHER THE TECHNICAL INFORMATION IS SUITABLE AND SUFFICIENT FOR LICENSEE’S INTENDED PURPOSES. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED HEREIN AND TO THE EXTENT ALLOWED BY LAW, LICENSOR DISCLAIMS, AND LICENSEE WAIVES, ALL WARRANTIES PERTAINING TO THE TECHNICAL INFORMATION WHETHER EXPRESS OR IMPLIED, AND WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE.
Representations Warranties and Disclaimer. 10.1. Each party represents and warrants that it has full power and authority to enter into the Agreement and that the execution and delivery of this Agreement, and the performance of its obligations hereunder, shall not constitute a breach or default of or otherwise violate any agreements to which either party is a party on the Effective Date. Except as expressly provided for herein, NEITHER PARTY MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
Representations Warranties and Disclaimer. Each party represents and warrants that it has full power and authority to enter into the Agreement and that the execution and delivery of this Agreement, and the performance of its obligations hereunder, shall not constitute a breach or default of or otherwise violate any agreement to which either party is a party on the Effective Date. Except for the covenants in any of the applicable Riders, Google does not warrant that the Google products and services shall meet all of Customer’s requirements or that performance of the Google products and services shall be uninterrupted, virus-free, secure or error-free. Except as expressly provided for herein, NEITHER PARTY MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
Representations Warranties and Disclaimer. Each of us agrees to these terms and promises it has the legal power to do so.
Representations Warranties and Disclaimer. LICENSOR OFFERS THE PHOTOGRAPH “AS IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE PHOTOGRAPH OR ANY ELEMENT THEREOF, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
Representations Warranties and Disclaimer. UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK BY THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.