Representations Warranties Disclaimers x 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. You represent and warrant that (i) you have full power and authority to enter into the Agreement; (ii) you are the owner of, or are legally authorized to act on behalf of the owner of, each Property; (iii) you are the technical and editorial decision maker in relation to each Property on which the Services are implemented and that you have control over the way in which the Services are implemented on each Property; (iv) Google has never previously terminated or otherwise disabled an AdSense account created by you due to your breach of the Agreement or due to invalid activity; (v) entering into or performing under the Agreement will not violate any agreement you have with a third party or any third-party rights; and (vi) all of the information provided by you to Google is correct and current. OTHER THAN AS EXPRESSLY SET OUT IN THE AGREEMENT, WE DO NOT MAKE ANY PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR PROFITABILITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE EACH SERVICE “AS IS”. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT SUCH STATUTORY WARRANTIES OR CONDITIONS APPLY AND CANNOT BE EXCLUDED, TO THE EXTENT TO WHICH GOOGLE IS ALLOWED, GOOGLE LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE WARRANTIES OR CONDITIONS TO, AT GOOGLE’S OPTION, THE SUPPLYING OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. Nothing in this Agreement, including Sections 11, 12 and 13, shall exclude or limit Google’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and Google’s liability will be limited to the maximum extent permitted by 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. (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. 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. 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. Indemnities -------------------------------------------------------
