Common use of WARRANTIES AND EXCLUSIONS Clause in Contracts

WARRANTIES AND EXCLUSIONS. 16.1 The Institution hereby warrants, represents and undertakes that it has the full right power and authority to enter into this Agreement. For the avoidance of doubt, this shall mean that the Institution holds a current and valid Licence. In the event that such Licence is suspended or terminated for any reason, the Institution agrees to inform XXX immediately, and CLA shall have the right to suspend or terminate this Agreement upon such notice in accordance with clause 6.2.3. 16.2 The Institution warrants that it shall comply with the terms and conditions of the Licence. 16.3 To the fullest extent permitted by law, CLA shall not be liable to the Institution for consequential, indirect, special or exemplary damages or for any damages (whether direct or indirect) for loss of profits, business or anticipated benefits in each case whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages. 16.4 To the fullest extent permitted by law, no responsibility is assumed by CLA for any injury and/or damage as a matter of product liability, negligence or otherwise, or from any use or operation of any methods, products, instructions or ideas contained in any item supplied by CLA and/or the Service Supplier under this Agreement. 16.5 The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise including but not limited to any implied warranties of merchantability or fitness for any particular purpose all of which are hereby excluded to the fullest extent permitted by law. 16.6 Nothing in this Agreement including this clause 16 shall exclude or limit either Party’s liability for: 16.6.1 death or personal injury resulting from the negligence of that Party or its servants, agents or employees; 16.6.2 fraud or fraudulent misrepresentation; or 16.6.3 any other liability the exclusion or limitation of which is prohibited by law.

WARRANTIES AND EXCLUSIONS. 16.1 The Institution hereby warrants, represents and undertakes that it has the full right power and authority to enter into this Agreement. For the avoidance of doubt, this shall mean that the Institution holds a current and valid Licence. In the event that such Licence is suspended or terminated for any reason, the Institution agrees to inform XXX CLA immediately, and CLA shall have the right to suspend or terminate this Agreement upon such notice in accordance with clause 6.2.3. 16.2 The Institution warrants that it shall comply with the terms and conditions of the Licence. 16.3 To the fullest extent permitted by law, CLA shall not be liable to the Institution for consequential, indirect, special or exemplary damages or for any damages (whether direct or indirect) for loss of profits, business or anticipated benefits in each case whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages. 16.4 To the fullest extent permitted by law, no responsibility is assumed by CLA for any injury and/or damage as a matter of product liability, negligence or otherwise, or from any use or operation of any methods, products, instructions or ideas contained in any item supplied by CLA and/or the Service Supplier under this Agreement. 16.5 The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise including but not limited to any implied warranties of merchantability or fitness for any particular purpose all of which are hereby excluded to the fullest extent permitted by law. 16.6 Nothing in this Agreement including this clause 16 shall exclude or limit either Party’s liability for: 16.6.1 death or personal injury resulting from the negligence of that Party or its servants, agents or employees; 16.6.2 fraud or fraudulent misrepresentation; or 16.6.3 any other liability the exclusion or limitation of which is prohibited by law.