WARRANTIES AND LIMITS OF LIABILITY. 8.1 The Charity warrants that:
8.1.1 it will procure the discharge of its obligations hereunder with reasonable care and skill; and
8.1.2 it will use its reasonable endeavours to procure that each Contributor that carries out part of the Clinical Trial ensures that the relevant Chief Investigator and/or the Principal Investigator discharge their obligations in respect of that part of the Clinical Trial in accordance with applicable ICH GCP provisions.
8.2 The Company warrants and represents that:
8.2.1 it is entitled to make the Company Materials available to the Charity for the purposes of this Agreement;
8.2.2 to the best of its knowledge and belief the use and possession of the Company Materials and/or the Antibody by the Charity and/or the Contributors shall not infringe the rights (including without limitation any Intellectual Property Rights) of any third party;
8.2.3 the Company Materials have been manufactured, handled and stored at all times in compliance with relevant legislation and, in the case of relevant Company Materials (including the Company Materials identified in Part 2 of Schedule 7), in accordance with Good Manufacturing Practice;
8.2.4 it is a party to the XOMA Licence, which is in full force and effect;
8.2.5 it has, and will maintain throughout the Term, the full right, power and authority, and has obtained all assignments, approvals or consents necessary to grant the rights, including under the Transfer Documents and the XOMA Licence, as provided under this Agreement;
8.2.6 the XOMA Licence is the only third party licence held by the Company in respect of the manufacture, possession and use of the Antibody, IMP and the rights granted to the Charity under this Agreement;
8.2.7 the XOMA Licence set out in Schedule 9 is a true and correct copy of the XOMA Licence;
8.2.8 to the best of its knowledge and belief, there are no outstanding breaches of the XOMA Licence by any party (or any predecessor parties) to the XOMA Licence;
8.2.9 to the best of its knowledge and belief there are no acts, facts, circumstances or omissions at the Commencement Date which would give XOMA the right to terminate the XOMA Licence, either now or at a later date;
8.2.10 it shall maintain, and shall not amend or terminate the XOMA Licence without CRT’s prior written consent; and
8.2.11 it shall notify the Charity and CRT as soon as possible if it becomes aware of any facts, circumstances or omissions which may give XOMA the right to terminate the XOMA Licence....
WARRANTIES AND LIMITS OF LIABILITY. 11.1. Subject to clause 11.3 and to the maximum extent permissible by law, Distl excludes:
(a) all conditions, warranties, duties and rights implied by statute relating to the supply of any goods and services under or in respect of an Agreement or otherwise; and
(b) all liability to the Client for any acts or omissions of Distl in tort (including negligence), contract or otherwise resulting in costs, losses, liabilities or damage suffered by the Client.
11.2. Distl gives no representation, warranty or guarantee whatsoever as to the success or effectiveness of, or the results that may be achieved by Work Product, including, but not limited to, any branding, marketing, advertising material or web-based solutions that Distl develops for the Client. The Client acknowledges that it is responsible for the content of all Work Product and ensuring that the Work Product and any solutions developed by Distl are adequate and appropriate for its needs.
11.3. In the event that the supply of goods and/or services to the Client is a supply of goods or services to a consumer as defined in the Australian Consumer Law, nothing contained in these Terms & Conditions excludes, restricts or modifies in relation to such supply of goods and/or services the consumer guarantees provided therein provided that to the extent that the Australian Consumer Law permits Distl to limit its liability for a breach of a consumer guarantee, then Distl’s liability for such breach will be limited to:
(a) in the case of the supply of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; and/or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of the supply of services:
(i) the supplying of the services again; or
(ii) the payment of the cost having the services supplied again.
11.4. The exclusions and releases in these Terms & Conditions extend, to the maximum extent permissible by law, to loss of profits or anticipated proceeds from sales or marketing or any other indirect or consequential damage and to economic loss and even if Distl knows such loss or damage is possible or foreseeable.
WARRANTIES AND LIMITS OF LIABILITY. 11.1. Subject to clause 11.3 and to the maximum extent permissible by law, PinPoint Local Southeast Perth excludes:
11.1.1. all conditions, warranties, duties and rights implied by statute relating to the supply of any goods and services under or in respect of an Agreement or otherwise; and
11.1.2. all liability to the Client for any acts or omissions of PinPoint Local Southeast Perth in tort (including negligence), contract or otherwise resulting in costs, losses, liabilities or damage suffered by the Client.
11.2. PinPoint Local Southeast Perth gives no representation, warranty or guarantee whatsoever as to the success or effectiveness of, or the results that may be achieved by Work Product, including, but not limited to, any branding, marketing, advertising material or web-based solutions that PinPoint Local Southeast Perth develops for the Client. The Client acknowledges that it is responsible for the content of all Work Product and ensuring that the Work Product and any solutions developed by PinPoint Local Southeast Perth are adequate and appropriate for its needs.
11.3. In the event that the supply of goods and/or services to the Client is a supply of goods or services to a consumer as defined in the Australian Consumer Law, nothing contained in these Terms & Conditions excludes, restricts or modifies in relation to such supply of goods and/or services the consumer guarantees provided therein provided that to the extent that the Australian Consumer Law permits PinPoint Local Southeast Perth to limit its liability for a breach of a consumer guarantee, then PinPoint Local Southeast Perth’s liability for such breach will be limited to:
11.3.1. in the case of the supply of goods:
11.3.1.1. the replacement of the goods or the supply of equivalent goods;
11.3.1.2. the repair of the goods;
11.3.1.3. the payment of the cost of replacing the goods or of acquiring equivalent goods; and/or
11.3.1.4. the payment of the cost of having the goods repaired; and
11.3.2. in the case of the supply of services:
11.3.2.1. the supplying of the services again; or
11.3.2.2. the payment of the cost having the services supplied again.
11.4. The exclusions and releases in these Terms & Conditions extend, to the maximum extent permissible by law, to loss of profits or anticipated proceeds from sales or marketing or any other indirect or consequential damage and to economic loss and even if PinPoint Local Southeast Perth knows such loss or damage is possible or foreseeable.
WARRANTIES AND LIMITS OF LIABILITY. 6.1 XXXXX uk warrants that the Services will conform in material respects to the description of the Services in the Code and in the Booking Form.
6.2 NO REPRESENTATION OR WARRANTY is given by XXXXX uk that:
(a) the material displayed on the XXXXX uk Website is accurate; or
(b) operation of the Services or the XXXXX uk Website will be uninterrupted or error free; or
(c) any content available for downloading from us is free from viruses or any other contamination or destructive features; or
(d) you will receive any increase in business or achieve improved results in any context by use of the Services; or
(e) the Services meet any requirements of the Client, even if those requirements have been communicated to XXXXX uk.
6.3 Nothing in this Agreement shall operate to exclude or limit either Party’s liability for death or personal injury caused by its negligence, or fraud or any other liability which cannot be excluded or limited under applicable law.
6.4 All conditions, warranties or other terms which might have effect between the Parties or be implied into this Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded to the maximum extent permitted by law.
6.5 Subject to clause 6.3, XXXXX uk shall have no liability for any losses or damages which may be suffered by you (or any person claiming under or through you), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories: (a) special damage; (b) loss of profits; (c) loss of anticipated savings; (d) loss of business opportunity; (e) loss of goodwill; (f) loss or corruption of data.
6.6 The total liability of XXXXX uk, whether in contract, tort (including negligence) or otherwise and whether in connection with this Agreement or any collateral contract, shall in no circumstances exceed the Fees.
6.7 You agree that, in entering into this Agreement, either you did not rely on any representations (whether written or oral) of any kind or of any person other than those expressly set out in this Agreement or (if you did rely on any representations, whether written or oral, not expressly set out in this Agreement) that you shall have no remedy in respect of such representations and (in either case) XXXXX uk shall have no liability otherwise than in accordance with the express terms of this Agreement.
6.8...
WARRANTIES AND LIMITS OF LIABILITY. None in addition to those covered in the Contract Documents.
