Representations Warranties Disclaimers. 9.1. Each Party warrants that it has the authority and right to enter into this CSA and that this CSA constitutes a valid and binding agreement between the Parties.
Representations Warranties Disclaimers. (1) Licensor covenants, represents and warrants that it has all necessary corporate power, capacity and authority to enter into this Agreement and to perform its respective obligations hereunder.
Representations Warranties Disclaimers. (a) Each party represents and warrants to the other that: (i) it has the authority to enter into this Agreement according to its terms; (ii) it has and will maintain during the Term, all permits, consents, licenses, and registrations applicable to it and necessary to perform its obligations and exercise its rights hereunder; and (iii) its execution and delivery of this Agreement and its performance hereunder will not violate any agreement applicable to it or violate any Applicable Law. The Licensee represents and warrants to the Licensor that the Fund listed for trading, and the marketing and promotion thereof, by the Licensee will not violate any agreement applicable to the Licensee or violate any Applicable Law, in each case with respect to its use of the Index, the Index Data, and the Confidential Index Data and performance of its other obligations and exercise of its rights hereunder. Without limiting the generality of the foregoing, the Licensee further represents and warrants that the Licensee will cause the Trust and the Fund to comply with all Applicable Law.
Representations Warranties Disclaimers. (a) S&P represents and warrants that S&P has the right to grant the rights granted to Licensee herein and that the license and rights granted herein shall not infringe any trademark, service xxxx, trade secret, patent, copyright or other proprietary right of any third party. conforms to the notice in Subsection 7(b), including a cross reference to the SAI disclosure. Licensee shall furnish a copy of the prospectus and, if applicable, the SAI, to S&P: The Product is not sponsored, endorsed, sold or promoted by Standard & Poor's, a division of The XxXxxx-Xxxx Companies, Inc. ("S&P"). S&P makes no representation or warranty, express or implied, to the owners of the Product or any member of the public regarding the advisability of investing in securities generally or in the Product particularly or the ability of the S&P 500 Index to track general stock market performance. S&P's only relationship to the Licensee is S&P's grant of permission to Licensee to use the S&P 500 Index which is determined, composed and calculated by S&P without regard to the Licensee or the Product. S&P has no obligation to take the needs of the Licensee or the owners of the Product into consideration in determining, composing or calculating the S&P 500 Index. S&P is not responsible for and has not participated in the determination of the prices and amount of the Product or the timing of the issuance or sale of the Product or in the determination or calculation of the equation by which the Product is to be converted into cash. S&P has no obligation or liability in connection with the administration, marketing or trading of the Product. S&P DOES NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF THE S&P 500 INDEX OR ANY DATA INCLUDED THEREIN AND S&P SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN. S&P MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY LICENSEE, OWNERS OF THE PRODUCT, OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE S&P 500 INDEX OR ANY DATA INCLUDED THEREIN. S&P MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE S&P 500 INDEX OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL S&P HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. Any changes in the foregoing disclaimers...
Representations Warranties Disclaimers. 13 4.1 Of Sublessee....................................................13 4.2 Of Sublessor....................................................14 4.3 Subordination of Sublease to Head Lease.........................16
Representations Warranties Disclaimers. 4.1. Of Sublessee. Sublessee hereby makes the following representations, warranties and covenants to Sublessor:
Representations Warranties Disclaimers. 7.1 ASM represents to Client that (a) it has reviewed compliance of the Program with applicable federal law and regulations, (b) it believes the Program complies with applicable federal law and regulations, and (c) it is not aware of any instance of a financial institution failing to comply with applicable federal law and regulations on account of its implementation of the Program.
Representations Warranties Disclaimers. 7.1Representations and Warranties of the Parties. Each Party represents and warrants to the other Party that as of the Effective Date:
Representations Warranties Disclaimers. Each Party represents and warrants that it has the requisite corporate power and authority to enter into this MSA and Service Orders and to carry out the transactions contemplated hereunder. Each party represents and warrants that it will comply in all respects with the export restrictions applicable to any hardware, software and technology delivered to the Customer hereunder and will otherwise comply with the applicable United States laws and regulations in effect during the term. NEUSTAR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE AND DOES NOT WARRANT THE SERVICES AGAINST MALFUNCTION OR CESSATION DUE TO CESSATION OR MALFUNCTION OF ANY INTERNET SERVICE PROVIDER OR ANY OF THE THIRD PARTY NETWORKS THAT FORM THE INTERNET. EXCEPT AS SET FORTH HEREIN, ALL SERVICES AND EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND NEUSTAR MAKES NO WARRANTIES TO CUSTOMER OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, END USERS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR RESULTS TO BE OBTAINED FROM USE OF THE SERVICES, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED.
Representations Warranties Disclaimers. Indemnities -------------------------------------------------------
