WARRANTIES, AND WARRANTY EXCLUSIONS AND LIMITATIONS Sample Clauses

WARRANTIES, AND WARRANTY EXCLUSIONS AND LIMITATIONS. 26 ARTICLE 14.
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WARRANTIES, AND WARRANTY EXCLUSIONS AND LIMITATIONS. 16.1 Corvis warrants, to Customer only, that (i) for the applicable warranty period set forth in Attachment 16.1 ("Warranty Period") and subject to the support limitations set forth in Attachment 19, the Corvis Equipment and Software (as applicable) will be free from defects in material and workmanship, will conform in all material respects to its Technical Requirements, (ii) upon delivery, the Equipment will be free from all liens and encumbrances, and (iii) Corvis' Services will be performed in a workmanlike manner and in accordance with good usage and accepted practices in the community in which services are provided. With respect to any Third Party Software or any Equipment furnished by Corvis but neither manufactured by Corvis nor purchased by Corvis pursuant to its procurement specifications (e.g., items such as personal computers and products offered as accessories to the Corvis Products) ("Vendor Items"), Corvis does hereby assign to Customer the warranties given to Corvis by its vendor(s) of such Vendor Items to the fullest extent permitted by such warranties.
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WARRANTIES, AND WARRANTY EXCLUSIONS AND LIMITATIONS. 16.1 Corvis warrants that (i) for the applicable warranty period set forth in Attachment 16.1 ("Warranty Period"), the Corvis Equipment and Software (as applicable) purchased under this Agreement will be of new manufacture, will be free from defects in material and workmanship, and will conform in all material respects to the Technical Requirements and to the relevant information contained in Corvis' then current published specifications and related Documentation, (ii) upon delivery, the Equipment and Software will be free from all liens and encumbrances, and (iii) Corvis' Services will be performed in a workmanlike manner and with the skill and care exercised by others performing similar services. Corvis does warrant, during the warranty period, that Corvis Equipment and Software are compatible and will perform in conjunction with any Third Party Software or Vendor Item supplied under or in connection with this Agreement provided that the Third Party Software and/or Vendor Item performs in accordance with the manufacturer's specifications. If Corvis Software fails, or appears to fail, to comply with the standard expressed in the preceding sentence, then Corvis will act in a commercially expeditious manner in cooperation with the Third Party Software licensor to determine the source of the problem and to develop and implement a solution. Corvis makes no warranties regarding any Third Party Software or any Equipment furnished by Corvis but neither manufactured by Corvis nor purchased by Corvis pursuant to its procurement specifications (e.g., items such as personal computers and products offered as accessories to the Corvis Products) (collectively, "Vendor Items"). Corvis' sole obligation with respect to such Vendor Items will be to assign to Customer any warranty provided to Corvis with respect to such Vendor Items to the extent such warranty is assignable, and if any such warranty is not assignable, then upon the request of Customer to take commercially reasonable steps to enforce the warranty for Customer's benefit.
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WARRANTIES, AND WARRANTY EXCLUSIONS AND LIMITATIONS. 13.1 Corvis warrants and represents to Qwest, or the applicable Qwest Affiliate that purchases the Products hereunder that (i) for the applicable warranty period set forth in Attachment 13.1 ("Warranty Period") and subject to the --------------- support limitations set forth in Attachment 8.1, the Corvis Equipment and Software (as applicable) will be free from defects in material and workmanship and will conform, in all material respects to its specifications, which in the case of the OC-192 Product shall be the Technical Requirements, (ii) upon delivery, the Equipment will be free from all liens and encumbrances, and (iii) Corvis' Services will be performed in a professional and workmanlike manner by competent personnel and in accordance with industry standards. With respect to any Third Party Software or any Equipment furnished by Corvis but neither manufactured by Corvis nor purchased by Corvis pursuant to its procurement specifications (e.g., items such as personal computers and products offered as accessories to the Corvis Products) which are identified as such on the Price List ("Vendor Items"), Corvis does hereby assign to ------------ Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. Qwest the warranties given to Corvis by its vendor(s) of such Vendor Items to the fullest extent permitted by such warranties.
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WARRANTIES, AND WARRANTY EXCLUSIONS AND LIMITATIONS 
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Related to WARRANTIES, AND WARRANTY EXCLUSIONS AND LIMITATIONS

  • Representations and Warranties Limitation of Liability Each party hereby represents and warrants as follows: (i) it has full corporate power and authority to enter into this Agreement and to carry out the provisions hereof, (ii) it is duly authorized to execute and deliver this Agreement and to perform its obligations hereunder, (iii) this Agreement is a legal and valid obligation binding upon and enforceable according to its terms, (iv) the execution, delivery and performance of this Agreement by it does not conflict with any agreement to which it is a party or by which it may be bound, and (v) its website contemplated by this Agreement (HomeAdvisor in the case of MS, and the Company Site in the case of the Company), and the services provided pursuant thereto, shall be of a high nature, grade and quality and shall comply with all applicable laws and regulations throughout the term of this Agreement. EXCEPT AS SET FORTH ABOVE, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, A WARRANTY OF FITNESS FOR PURPOSE OR OF MERCHANTABILITY. OTHER THAN WITH RESPECT TO AN INDEMNIFIED CLAIM UNDER THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY), EVEN IF SUCH PARTY HAS BEEN ADVISED OF (OR KNOWS OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGES.

  • Survival of Representations and Warranties and Indemnification The representations and warranties of the Company set forth in Section 3 of this Agreement shall survive the execution and delivery of the Debentures. The indemnification obligations of the Company as set forth in the indemnification rider identified as EXHIBIT B (the "Indemnification Rider") to the January 25, 2000 engagement letter between the Company and the Placement Agent, as same shall be supplemented and/or amended, is hereby incorporated herein by reference in its entirety as if more fully set forth herein and the provisions of the Indemnification Rider shall apply and be applicable to, among other things, all representations and warranties of the Company.

  • Certain Representations and Warranties; Limitations; Covenants By executing and delivering an Assignment and Acceptance, the parties to the assignment thereunder confirm to and agree with each other and the other parties hereto as follows:

  • Survival of Representations and Warranties and Covenants All representations and warranties made by the parties hereto, and all covenants and other agreements of the parties hereto, in this Subscription Agreement shall survive the Closing.

  • Survival of Representations and Warranties, Etc All representations and warranties set forth in this Article VI and all representations and warranties contained in any certificate, or any of the Loan Documents (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

  • Representations and Warranties; Etc Each Obligor hereby affirms: (a) that as of the date of execution and delivery of this First Amendment, all of the representations and warranties contained in each Loan Document to which such Obligor is a party are true and correct in all material respects as though made on and as of the First Amendment Effective Date (unless made as of a specific earlier date, in which case, was true as of such date); and (b) that after giving effect to this First Amendment and to the transactions contemplated hereby, no Defaults exist under the Loan Documents or will exist under the Loan Documents.

  • Survival of Warranties and Representations The parties hereto agree that all warranties and representations of the parties survive the closing of this transaction.

  • Survival of Representations, Warranties and Indemnities The respective agreements, representations, warranties, and indemnities contained in this Agreement will remain in full force and effect regardless of any investigation made by or on behalf of you, any Underwriter or the Company, or any of your or their respective officers or directors or controlling persons, and will survive delivery of and payment for the Securities and the Unit Purchase Option.

  • Survival of Representations and Warranties and Agreements All representations and warranties of the parties contained in this Agreement shall survive the Closing and shall not be affected by any investigation made prior to the Closing.

  • Disclaimer of Other Representations and Warranties EACH OF THE ACQUISITION ENTITIES HEREBY ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY PROVIDED IN ARTICLE IV, NEITHER SPAC NOR ANY OF ITS AFFILIATES OR REPRESENTATIVES HAS MADE, IS MAKING, OR SHALL BE DEEMED TO MAKE ANY (AND EACH OF THE ACQUISITION ENTITIES HEREBY EXPRESSLY DISCLAIMS RELIANCE ON ANY) REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, TO ANY OF THE ACQUISITION ENTITIES, ANY OF THEIR RESPECTIVE AFFILIATES OR REPRESENTATIVES OR ANY OTHER PERSON, WITH RESPECT TO SPAC OR ANY OF ITS BUSINESSES, ASSETS OR PROPERTIES, OR OTHERWISE, INCLUDING ANY REPRESENTATION OR WARRANTY AS TO CONDITION, VALUE, QUALITY, MERCHANTABILITY, USAGE, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUTURE RESULTS, PROPOSED BUSINESSES OR FUTURE PLANS. WITHOUT LIMITING THE FOREGOING AND NOTWITHSTANDING ANYTHING TO THE CONTRARY: (A) NEITHER SPAC NOR ANY OF ITS AFFILIATES OR REPRESENTATIVES SHALL BE DEEMED TO MAKE TO ANY OF THE ACQUISITION ENTITIES, ANY OF THEIR RESPECTIVE AFFILIATES OR REPRESENTATIVES OR ANY THIRD PARTY ANY REPRESENTATION OR WARRANTY OTHER THAN AS EXPRESSLY MADE BY SPAC IN ARTICLE IV; AND (B) NEITHER SPAC NOR ANY OF ITS AFFILIATES OR REPRESENTATIVES HAS MADE, IS MAKING OR SHALL BE DEEMED TO MAKE TO ANY OF THE ACQUISITION ENTITIES, ANY OF THEIR RESPECTIVE AFFILIATES OR REPRESENTATIVES OR ANY THIRD PARTY ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO: (I) THE INFORMATION DISTRIBUTED OR MADE AVAILABLE TO THEM BY OR ON BEHALF OF SPAC IN CONNECTION WITH THIS AGREEMENT AND THE TRANSACTIONS; (II) ANY MANAGEMENT PRESENTATION, CONFIDENTIAL INFORMATION MEMORANDUM OR SIMILAR DOCUMENT; OR (III) ANY FINANCIAL PROJECTION, FORECAST, ESTIMATE, BUDGET OR SIMILAR ITEM RELATING TO SPAC OR ITS BUSINESS, ASSETS, LIABILITIES, PROPERTIES, FINANCIAL CONDITION, RESULTS OF OPERATIONS OR PROJECTED OPERATIONS. EACH OF THE ACQUISITION ENTITIES HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY PROMISE, REPRESENTATION OR WARRANTY THAT IS NOT EXPRESSLY SET FORTH IN ARTICLE IV OF THIS AGREEMENT.

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