WARRANTIES AND DAMAGES. Any replacement software or modifications produced under this support agreement are subject to the same warranties, rights of recovery, non-disclosure provisions and limitations on damages as the original software licensed hereunder.
WARRANTIES AND DAMAGES. Member Agencies agree that there are no warranties, express or implied, by this Agreement or otherwise, as to the service and as to any parts of any systems design, program, implementation, modification or other service provided by the Library. There is no implied warranty of merchantability or fitness for a particular purpose. There is no warranty of any other kind. Nothing herein is intended to limit or preclude any claims Member Agencies may have against any third parties, including manufacturers, sellers, dealers, repairers, service providers, installers or others, nor shall this provision be construed as relating to, or defining in any way, liability as to third parties.
WARRANTIES AND DAMAGES. Muskego and Elm Grove agree that there are no warranties, express or implied, by this Agreement or otherwise, as to the product and as to any parts of any systems design, program, implementation, modification or other service provided by Muskego. There is no implied warranty of merchantability or fitness for a particular purpose. There is no warranty of any other kind. Nothing herein is intended to limit or preclude any claims Muskego or Elm Grove may have against any third parties, including manufacturers, sellers, dealers, repairers, installers or others, nor shall this provision be construed as relating to, or defining in any way, liability as to third parties. In the event that, despite the disclaimer of warranties above, a court of competent jurisdiction determines Muskego to be liable to Elm Grove in any way under this Agreement or pursuant to any other cause of action, the amount of recoverable damages shall be limited to a pro rata refund of fees paid by Elm Grove to Muskego during the preceding twelve (12) months.
WARRANTIES AND DAMAGES. Provider makes no warranty regarding any Service provided by Provider to Recipient hereunder except as set forth in Section 6. Provider will not be liable to Recipient for any damages resulting from the delay or failure in providing a Service hereunder if the delay or failure was caused by events beyond Provider's control.
WARRANTIES AND DAMAGES. Contractor shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental, liquidated, or consequential damages to City any third party. Additionally, Contractor shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Contractor’s subconsultants, that impact project completion and/or success.
WARRANTIES AND DAMAGES. MMM makes no warranty regarding any Services provided by MMM to Viceroy hereunder. MMM will not be liable to Viceroy for any damages resulting from the delay or failure in providing Services hereunder if the delay or failure was caused by events beyond MMM's control.
WARRANTIES AND DAMAGES. Unchanged. 5.
WARRANTIES AND DAMAGES. The Parties all agree that there are no warranties, express or implied, by this Agreement or otherwise, as to the product and as to any parts of any systems design, program, implementation, modification or other service provided by Muskego. There is no implied warranty of merchantability or fitness for a particular purpose. There is no warranty of any other kind. Nothing herein is intended to limit or preclude any claims any of the Parties may have against any third parties, including manufacturers, sellers, dealers, repairers, installers or others, nor shall this provision be construed as relating to, or defining in any way, liability as to third parties. In the event that, despite the disclaimer of warranties above, a court of competent jurisdiction determines Muskego to be liable to any other Party in any way under this Agreement or pursuant to any other cause of action, the amount of recoverable damages shall be limited to a pro rata refund of fees paid by the recovering Party to Muskego during the preceding twelve (12) months.
WARRANTIES AND DAMAGES. 7.1 Manufacturer warrants that the material used and the [_AA_]-product(s) as such delivered hereunder shall meet the specifications shown in Annex 2, and can be used for the purposes the [_AA_]-products are manufactured for. Manufacturer checked the design and the [_AA_]-product. Its parts can meet the requirements and Manufacturer has all the resources to deliver the [_AA_]-products according to Annex [ ].
7.2 Manufacturer shall sell the [_AA_]-products ready for the use for which they are intended for, conforming to the Specifications and free of defects whatsoever, including latent defects. Latent defect shall mean any instance where any [_AA_]- product supplied by Manufacturer fails to materially conform to the Specifications, and such failure would not be discoverable upon reasonable physical inspection or standard testing with procedures consistent with those in the industry.
7.3 Manufacturer shall be liable to repair the defect or make the necessary modifications and adjustments at its own costs as well as reimburse [_AA_] for any expenses made in connection therewith within 2 years of Delivery Date.
7.4 Notwithstanding anything to the contrary, [_AA_] and Manufacturer agree that Manufacturer shall not be liable for defects resulted from:
i) Normal Wear and Tear;
ii) Misuse of the Products;
WARRANTIES AND DAMAGES. Consultant shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental, liquidated, or consequential damages to County or any third party arising out of professional negligence. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s subconsultants, that impact project completion and/or success.
