TITLE AND WARRANTY Sample Clauses

TITLE AND WARRANTY. Supplier warrants that it will, at the time and place of delivery, have good right and title to all volumes of gas delivered on its behalf, free and clear of all liens, encumbrances, and claims whatsoever, and that it will defend, indemnify, and hold the Company harmless for all suits, actions, debts, accounts, damages, costs, losses, or expenses (including reasonable attorneys’ fees) arising from or out of the adverse claims of any or all persons relating to or arising from said gas.
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TITLE AND WARRANTY. Title to and ownership of the LICENSED SOFTWARE shall at all times remain with DTU. The LICENSED SOFTWARE is provided to the CUSTOMER ‘as is' and without warranty. In no event shall DTU be liable for special, indirect or consequential damages arising out of or in connection with the use of or performance of the LICENSED SOFTWARE, and the customer shall indemnify and hold harmless DTU for any alleged liability. DTU makes no representations or warranties, expressly or impliedly. By way of example but not of limitation, DTU makes no representations or warranties of merchantability of fitness for any particular purpose, or that use of the LICENSED SOFTWARE will not infringe of any patent, copyright or trademark. DTU will not be responsible for the correcting of any bugs or deficiencies found by CUSTOMER. However, DTU may, at its own discretion, provide to CUSTOMER updated copies of the software for a nominal copying charge. Such updated copies shall be restricted to fixes of bugs or deficiencies in the software. Major new releases of the software containing substantial increased functionality are not covered by this paragraph, and may at DTU's option, be marketed as new products. The decision as to what constitutes a correction of a bug or deficiency, as opposed to increased functionality shall be the sole judgement of DTU.
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TITLE AND WARRANTY. (a) Title. Purchaser has had the opportunity to examine all files, title information and production data that Seller has in its possession relating to the Leases. The furnishing of such files, title information and production data shall create no liability or responsibility on the part of Seller and Seller makes no warranty or representation as to the correctness or completeness of the files, title information and production data so furnished. Purchaser has conducted, or will conduct prior to Closing, such examination of title and other information as it sees fit and has notified Seller that this examination revealed no title defects which would cause Seller's title to be not merchantable. The purchase and sale of the Leases shall be made pursuant to a special warranty of title subject to all reservations, exceptions, limitations, claims, encumbrances or burdens (i) contained herein, (ii) which are of record, (iii) of which Purchaser has actual notice, or (iv) which are not claimed by, through or under Seller.
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TITLE AND WARRANTY. 8.1 Title to and ownership of the Licensed Product including all Intellectual Property rights shall at all times remain with the University. 8.2 The University will not be responsible for the correcting of any bugs or deficiencies found by the Licensee. However, the University may, at its own discretion, provide to the Licensee updated copies of the software for download from the TimeMap web site (xxxx://xxx.xxxxxxx.xxx) .Such updated copies of the software shall be restricted to fixes of bugs or deficiencies in the software. Major new releases of the software are not covered by this clause and may at the University's option be marketed as new products except as provided by clause 3.2. The decision as to what constitutes a correction of a bug or deficiency as opposed to increased functionality shall be the sole judgement of the University. 8.3 The Licensed Product is being supplied by the University at the request of the Licensee. It is acknowledged and agreed by the parties that: (a) the University does not have any detailed knowledge or understanding of the Licensee's needs, obligations and business; (b) no warranty or undertaking is made by the University that the Licensed Product will be suitable for or assist the Licensee in its operations or be compatible with the Licensee's equipment; (c) to the extent permitted by any Federal or State Laws, all warranties including any express or implied warranties of merchantability or of fitness for a particular purpose are hereby excluded. The University shall not be liable in contract, tort or otherwise to the Licensee for any special, indirect, consequential or other damages in any way resulting from or arising out of the use of the Licensed Product. (d) in the event that any conditions or warranties implied by the Trade Practices Act, 1974 (as amended) (hereinafter referred to as "the Act") apply to the use of the Licensed Product by the Licensee, the liability of the University for breach of any such conditions or warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited to: (i) in the case of goods, either: (a) the replacement of the goods or the supply of equivalent goods; or (b) the repair of the goods; whichever the University in its absolute discretion shall think fit; and (ii) in the case of services, the supplying of the services again. 8.4 It is further acknowledged that the University is not and shall not be required to provide any back up, support or further ...
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TITLE AND WARRANTY. 2.1 All title, ownership rights, and intellectual property rights in the Products shall remain with Licensor. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Licensor's with respect to the Products. The Products are protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Products are the property of the applicable content owner and are protected by applicable law. The license granted under this XXXX gives you no rights to such content. 2.2 Licensor makes no warranties whatsoever, whether express or implied, in respect of the functionality of the Product.
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TITLE AND WARRANTY. Each Shipper hereby warrants that it has good title to all the Gas delivered by it to
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TITLE AND WARRANTY. Title to and ownership of the Licensed Product, including all intellectual property rights shall at all time remains with the LICENSOR. 7.1 The Licensed Product is being supplied by LICENSOR at the request of LICENSEE. It is acknowledged and agreed by the parties that: (a) LICENSOR do not have detailed knowledge or understanding of LICENSEE's needs, obligations and business; (b) LICENSOR warrant and undertake that the Licensed Product is suitable for and will assist LICENSEE in its operations.
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TITLE AND WARRANTY. Upon full payment of the Purchase Option Amount and any other related amount then due and owing to Xxxxxxx from Client, title to the Equipment shall pass to Client. If the Equipment has any remaining manufacturer’s warranty when Client takes title to the Equipment, Xxxxxxx will pass through to Client such remaining manufacturer’s warranty to the extent permitted by the terms of such warranty. Client acknowledges that (i) Xxxxxxx is not the manufacturer of the Equipment; and (ii) the manufacturer’s warranty (if any is available) will be subject to all conditions, exclusions, and exclusive remedies set forth therein. Xxxxxxx makes no warranty, express or implied, oral or written, with respect to any Equipment, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, or title, whether arising by law, course of dealing, performance, usage or trade, or otherwise. Except as provided herein, and to the maximum extent permitted by law, all such warranties are hereby disclaimed by Xxxxxxx and waived by Client. Notwithstanding anything to the contrary, Xxxxxxx makes no representations and warranties related to fire suppression systems or the installation, removal, maintenance, or servicing of the same.
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TITLE AND WARRANTY 
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Related to TITLE AND WARRANTY

  • Seller’s Representations and Warranties Seller represents and warrants to Purchaser that:

  • Seller Representations and Warranties The Seller represents and warrants to the Purchaser as of the Closing Date: (a) The Seller is a New York corporation, validly existing and in good standing under the laws of the State of New York, and has the corporate power to own its assets and to transact the business in which it is currently engaged. The Seller is duly qualified to do business as a foreign corporation and is in good standing in each jurisdiction in which the character of the business transacted by it or any properties owned or leased by it requires such qualification and in which the failure so to qualify would have a material adverse effect on the business, properties, assets, or condition (financial or other) of the Seller; (b) The Seller has the power and authority to make, execute, deliver, and perform this Agreement and all of the transactions contemplated by this Agreement, and has taken all necessary corporate action to authorize the execution, delivery, and performance of this Agreement. When executed and delivered, this Agreement will constitute the valid and legally binding obligation of the Seller enforceable in accordance with its terms; (c) The Seller is not required to obtain the consent of any other party or any consent, license, approval or authorization from, or registration or declaration with, any governmental authority, bureau, or agency in connection with the execution, delivery, performance, validity, or enforceability of this Agreement, except for any consents, licenses, approvals or authorizations, or registrations or declarations, that have been obtained or filed, as the case may be, before the Closing Date; (d) The execution, delivery, and performance of this Agreement by the Seller will not violate any provision of any existing law or regulation or any order or decree of any court applicable to the Seller or any provision of the certificate of incorporation or bylaws of the Seller, or constitute a material breach of any mortgage, indenture, contract, or other agreement to which the Seller is a party or by which the Seller may be bound; and (e) No litigation or administrative proceeding of or before any court, tribunal, or governmental body is currently pending, or to the knowledge of the Seller threatened, against the Seller or any of its properties or with respect to this Agreement or the Notes that in the opinion of the Seller has a reasonable likelihood of resulting in a material adverse effect on the transactions contemplated by this Agreement. The representations and warranties in this Section shall survive the transfer of the Mortgage Loans to the Purchaser. The Seller shall cure a breach of any representations and warranties in accordance with the Sale and Servicing Agreement. The remedy specified in the Sale and Servicing Agreement shall constitute the sole remedy against the Seller respecting any breach.

  • Buyer’s Representations and Warranties The Buyer represents and warrants to the Company that:

  • Representations and Warranties of the Purchaser As a material inducement to the Company to enter into this Agreement and issue and sell the Private Placement Warrants to the Purchaser, the Purchaser hereby represents and warrants to the Company (which representations and warranties shall survive each Closing Date) that:

  • Accuracy of the Purchaser’s Representations and Warranties The representations and warranties of each Purchaser shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at that time, except for representations and warranties that are expressly made as of a particular date, which shall be true and correct in all material respects as of such date.

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