Warranties and Exclusive Remedies Sample Clauses

Warranties and Exclusive Remedies. RIGNET WARRANTS THAT THE SERVICES PERFORMED UNDER ANY SOA WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER AND SUBSTANTIALLY CONFORM TO THE DESCRIPTION OF SUCH SERVICES IN THE APPLICABLE SOA. OTHER THAN THE FOREGOING, RIGNET MAKES ONLY THOSE WARRANTIES, IF ANY, SET FORTH IN THE SERVICE LEVEL AGREEMENT AND EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. RIGNET DOES NOT WARRANT THAT THE SERVICES PROVIDED UNDER THESE TERMS AND CONDITIONS WILL BE ERROR FREE OR WITHOUT INTERRUPTION. FOR OTHER THAN SERVICE QUALITY OR WARRANTY MATTERS, THE PARTIES ACKNOWLEDGE AND AGREE THAT THE REMEDIES PROVIDED AND SET FORTH IN THE SECTIONS ADDRESSING INDEMNIFICATION HEREIN SHALL BE THE PARTIES’ SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM ARISING FROM, OR RELATED TO, ALL OTHER SUBJECT MATTER OF THIS AGREEMENT. THE PARTIES AGREE THAT RIGNET SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER TO CUSTOMER FOR ANY CLAIM OR LOSSES OF ANY NATURE, EXCEPT AS SET FORTH IN THIS AGREEMENT. NO PARTY SHALL BE ABLE TO AVOID THE LIMITATIONS EXPRESSLY SET FORTH IN THIS AGREEMENT BY ELECTING TO PURSUE SOME OTHER REMEDY.
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Warranties and Exclusive Remedies. Contractor warrants that services will be provided in a professional manner consistent with industry standards. MPS must notify Contractor of any warranty deficiencies within 60 days from performance of the deficient services. FOR ANY BREACH OF THE WARRANTY, MPS’S EXCLUSIVE REMEDY, AND CONTRACTOR’S ENTIRE LIABILITY, SHALL BE THE RE- PERFORMANCE OF THE DEFICIENT SERVICES, OR IF CONTRACTOR CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, MPS MAY END THE RELEVANT SERVICES AND RECOVER THE FEES CUSTOMER PAID TO CONTRACTOR FOR THE DEFICIENT SERVICES. TO THE EXTENT NOT PROHIBITED BY LAW, THIS WARRANTY IS EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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Warranties and Exclusive Remedies 
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Related to Warranties and Exclusive Remedies

  • Exclusive Remedies Subject to Section 10.13, the Parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from fraud, criminal activity or intentional misconduct on the part of a Party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in Article VI and this Article VIII. In furtherance of the foregoing, each Party hereby waives, to the fullest extent permitted under Law, any and all rights, claims and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other Parties hereto and their Affiliates and each of their respective Representatives arising under or based upon any Law, except pursuant to the indemnification provisions set forth in Article VI and this Article VIII. Nothing in this Section 8.9 shall limit any Person’s right to seek and obtain any equitable relief to which any Person shall be entitled or to seek any remedy on account of any Party’s fraudulent, criminal or intentional misconduct.

  • Non-Exclusive Remedies The remedies provided for in this Section 7 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any Indemnified Person at law or in equity.

  • Exclusive Remedy The foregoing shall constitute the Parties' sole and exclusive remedies and obligations with respect to a third party claim of intellectual property infringement arising out of the conduct of business under this Agreement.

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