Common use of Representations Warranties and Disclaimers Clause in Contracts

Representations Warranties and Disclaimers. Promoter represents and warrants that it is legally entitled to grant the rights and promises set forth in this agreement. IN ALL OTHER RESPECTS THE CONTRIBUTIONS ARE PROVIDED "AS IS." The entire risk as to implementing or otherwise using a Draft Deliverable or Final Deliverable is assumed by the implementer and user. Except as stated herein, Promoter expressly disclaims any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the material. IN NO EVENT WILL ANY MEMBER OR PROMOTER BE LIABLE TO ANY OTHER MEMBER OR PROMOTER FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER MEMBER OR PROMOTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Appears in 3 contracts

Samples: Promoter Agreement, Promoter Agreement, Promoter Agreement

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Representations Warranties and Disclaimers. Promoter represents I represent and warrants warrant that it is I am legally entitled to grant the rights and promises set forth in this agreement. IN ALL OTHER RESPECTS THE CONTRIBUTIONS CONTRIBTUIONS ARE PROVIDED "AS IS." The entire risk as to implementing or otherwise using a the Draft Deliverable or Final Deliverable is assumed by the implementer and user. Except as stated herein, Promoter Member expressly disclaims any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the materialSpecification. IN NO EVENT WILL ANY MEMBER OR PROMOTER PARTY BE LIABLE TO ANY OTHER MEMBER OR PROMOTER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER MEMBER OR PROMOTER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Appears in 3 contracts

Samples: Uniform Intellectual Property Rights Policy, Uniform Intellectual Property Rights Policy, Uniform Intellectual Property Rights Policy

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