Common use of SELLER FURTHER REPRESENTS AND WARRANTS Clause in Contracts

SELLER FURTHER REPRESENTS AND WARRANTS. (i) that all amounts charged by Seller and payable hereunder are lawfully chargeable under and will not violate, directly or indirectly, the provisions of any present or future laws, decrees, regulations, rules, or orders of any governmental authority which in any manner fix, limit, regulate, or otherwise affect prices at which the goods may be sold; (ii) that the goods purchased hereunder, and their sale or use, do not infringe, directly or indirectly, any United States or foreign patents, trademarks or copyrights, and Seller agrees, at Seller's cost and expense, to defend, indemnify and hold Buyer and its affiliates and subcontractors harmless from and against any claims, demands, actions and litigation based upon alleged or actual infringement thereof, and to reimburse Buyer for any costs or expenses, including, without limitation, attorney's fees, which Buyer incurs in connection therewith; and (iii) any delivery pursuant to this order shall constitute a warranty by Seller that it has complied with all applicable laws and all rules and regulations of governmental authorities, and that the goods may lawfully be bought, sold, used and transported in interstate or intrastate commerce. These WARRANTIES are in addition to, and shall not be construed as restricting or limiting any warranties of the Seller, express or implied, or which are provided by law or exist by operation of law.

Appears in 9 contracts

Samples: boralamerica.com, boralamerica.com, boralamerica.com

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SELLER FURTHER REPRESENTS AND WARRANTS. (i) that all amounts charged by Seller and payable hereunder are lawfully chargeable under and will not violate, directly or indirectly, the provisions of any present or future laws, decrees, regulations, rules, or orders of any governmental authority which in any manner fix, limit, regulate, or otherwise affect prices at which the goods may be sold; (ii) that the goods purchased hereunder, and their sale or use, do not infringe, directly or indirectly, any United States or foreign patents, trademarks or copyrights, and Seller agrees, at Seller's ’s cost and expense, to defend, indemnify and hold Buyer and its affiliates and subcontractors harmless from and against any claims, demands, actions and litigation based upon alleged or actual infringement thereof, and to reimburse Buyer for any costs or expenses, including, without limitation, attorney's ’s fees, which Buyer incurs in connection therewith; and (iii) any delivery pursuant to this order shall constitute a warranty by Seller that it has complied with all applicable laws and all rules and regulations of governmental authorities, and that the goods may lawfully be bought, sold, used and transported in interstate or intrastate commerce. These WARRANTIES are in addition to, and shall not be construed as restricting or limiting any warranties of the Seller, express or implied, or which are provided by law or exist by operation of law.

Appears in 1 contract

Samples: generalshale.com

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