Warranties Liability and Indemnification Sample Clauses

Warranties Liability and Indemnification. 8.1 The Supplier warrants that: a) The Goods (i) are new, of good quality and are free of defects, (ii) are entirely in accordance with the Buyer’s requirements, specifications, conditions, drawings, samples, operational requirements and/or other information provided by the Buyer, (iii) are free of design flaws, (iv) are complete and suitable for the business purpose and use indicated in the information provided by the Buyer, and (v) do not infringe any intellectual property right of third parties, this also in regard to the aforesaid business purpose and use, and that the Supplier is the owner of the intellectual property rights or holds sufficient rights to transfer the Goods free of obligations towards third parties. b) When a Supplier warrants the proper working condition of the product (good) for an agreed period of time, if a defect subsequently appears in the product, the Buyer must -in order not to forfeit his right to the warranty and subject to any agreement to the contrary- give notice to the vendor within one (1) month from the date of appearance of the defect and commence an action within six (6) months from the date of notification". c) In reference to the Goods, the provisions of law and governmental provisions of the destination country have been met and that all approval documents required by governmental institutions have been obtained and will be provided to the Buyer, that the Goods meet the requirements of the safety and quality standards generally maintained within the sector in question, and that the Goods will be provided with the approvals and certificates for use and that they will be accompanied, in so far as necessary for the health and safety of persons or property, with the necessary and clear operating instructions, safetyinstructions and warnings. 8.2 All Goods are subject to the Buyer’s approval notwithstanding prior inspection or payment and, if not satisfactory or in accordance with specifications, may, at Buyer’s sole option, be returned to Supplier at Supplier’s expense for transportation both ways or the amounts paid therefore by the Buyer promptly refunded to Buyer. The Supplier is liable for and indemnifies the Buyer against all claims of third parties (including Xxxxx’s employees) in relation to actsor omissions of the Supplier and/or the third parties contracted by the Supplier in the performance of the Order or failure to fulfill obligations towards the Buyer, and in regard to any infringement or alleged infringem...
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Warranties Liability and Indemnification a) BROKER ACKNOWLEDGES AND AGREES THAT THE BROKERAGE PAYMENT SYSTEM AND THE SERVICES ARE PROVIDED “AS IS” AND THAT CME DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS RELATING TO THE BROKERAGE PAYMENT SYSTEM AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. b) BROKER ACKNOWLEDGES AND AGREES THAT NEITHER CME, NOR ANY OF ITS BOARD MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES SHALL BE LIABLE UNDER ANY CIRCUMSTANCES WHATSOEVER TO BROKER, A SUCCESSOR OR REPRESENTATIVE THEREOF OR ANY PERSON OR ENTITY ASSOCIATED THEREWITH FOR ANY DIRECT DAMAGES, OR FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR COMMERCIAL LOSSES), ARISING OUT OF: (1) ANY DEFECT, ERROR, FAILURE OR MALFUNCTION IN THE BROKERAGE PAYMENT SYSTEM; (2) ANY FAULT, DELAY, ACT, OMISSION OR INACCURACY IN PROVIDING THE SERVICES OR ANY TERMINATION OF THE SERVICES; (3) ANY CLAIM ALLEGING THAT THE SERVICES OR ANY ACTIONS TAKEN BY CME IN CONNECTION WITH THIS AGREEMENT VIOLATE ANY RIGHTS OF BROKER, OR (4) FROM ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF THE FORM(S) OF ACTION OF ANY OF THE FOREGOING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND WHETHER OR NOT CME HAS RECEIVED NOTICE OF THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES OR LOSSES. c) Broker hereby agrees to indemnify and hold CME and its Board members, directors, officers, employees, agents and affiliates harmless from and against any and all liabilities, losses, costs, damages, interest claims, and expenses, including court costs and attorneys’ fees, which CME or any of its Board members, directors, officer, employees, agents or affiliates sustains or incurs as a consequence of any claim, proceeding or action; (1) that relates directly or indirectly to Broker’s use of or inability to use the Brokerage Payment System or the Services rendered or to be rendered pursuant to this Agreement; (2) alleging that CME’s Services or other actions related to this Agreement violate any rights of Broker; (3) arising from any act or omission of Broker or Broker’s affiliates, employees or agents; (4) arising from the misuse, disclosure or misappropriate by Broker of any Confidential Information obtained by Broker; (5) alleging any facts which, if true, would constitute a breach by Broker of any obligation, representation or warranty contained in this Agreement, ...
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Warranties Liability and Indemnification. 1. The Data Centre endeavours to comply with general rules and best practices of data storage and to assure the persistence of the scientific objects. 2. The Data Centre acknowledges that the Service is provided as-is and that, except as otherwise expressly provided herein, GBIF makes no warranty, express, implied or statutory with respect to the Service or use thereof. 3. The Data Centre shall be exclusively responsible for any malfunctions which arise in its own sphere of influence or for any errors in the delivered Metadata. If the Data Centre in any way alters or changes the Service, the Data Centre will be solely responsible (and, if relevant, indemnify GBIF) for any special, indirect, incidental, punitive or consequential damages relating to or arising hereof. In the event of any difficulties and errors of transmission or other technical problems, the Data Centre shall redeliver the affected Metadata, if possible. 4. GBIF shall endeavour to rectify all technical malfunctions within its own sphere of influence. GBIF will report all technical errors resulting from malfunction of the DOI resolution mechanism or within the systems of DataCite and which are outside GBIF’s own sphere of influence as soon as possible to DataCite and strive towards a solution. 5. Except as otherwise expressly provided herein, neither Party nor its affiliates are liable for any special, indirect, incidental, punitive or consequential damages relating to or arising out of this Agreement or the services, including, without limitation, lost profits, lost computer usage time, and damage to, or loss of use of data, even if advised of the possibility of such damages, and irrespective of any negligence of a Party or whether such damages result from a claim arising under tort or contract law. 6. GBIF shall not be liable for the correctness and completeness of any registered object or Metadata. 7. The parties shall cooperate closely and trustingly in order to remedy errors and to prevent and xxxx off claims by third parties. The parties are only liable for pecuniary damages caused with intent or through gross negligence. Liability is not limited in case of damages to life, body or health. 8. The Data Centre shall indemnify, defend and hold GBIF, its partners and its employees harmless from and against any losses arising out of or related to any claim or action by third parties that relate to any possible legal infringement through the storage and the distribution of Metadata, if the D...
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Warranties Liability and Indemnification. 13 7.1 BBTV Warranties & Indemnity. 13 7.2 Excluded Warranties. 14
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Warranties Liability and Indemnification. 8.1 The Supplier warrants that: 8.1.1 The Goods (i) are new, of good quality and are free of defects, (ii) are entirely in accordance with the Buyer’s requirements, specifications, conditions, drawings, samples, operational requirements and/or other information provided by the Buyer, (iii) are free of design flaws,
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Warranties Liability and Indemnification. 9.1. Parties acknowledge and agree that GenomeScan shall perform the Services in a professional manner but shall not, in any way whatsoever, be obliged to achieve a certain result unless specified in the quotation. The parties are aware that suboptimal or nonconforming Results are to be expected if the minimal quality criteria are not fulfilled for the Material provided by the Client. GenomeScan will not be held liable for a non-conformance due to Material quality issues, improper sample shipment, improper instructions given by the customer, improper data handling by the customer, or Force Majeure. If the expected result is not achieved, Parties shall remain bound to comply with their contractual obligations, except in the event of malicious intent wilful misconduct, or gross negligence on the part of GenomeScan. 9.2. The Client warrants and represents to GenomeScan that: a. the Client Information (including any Material and Personal Data) that is provided by Client to GenomeScan under the Agreement or otherwise, is obtained and processed in full compliance with all applicable laws and regulations, including the EU Regulation 2016/679 and any EU legislative instrument superseding, amending, or replacing this Regulation, and the national laws dealing directly or indirectly with personal data, including the Dutch Data Protection Act (the “Data Protection Laws”); b. no third-party intellectual property rights are infringed by the use of the Client Information or Material for the Services as set out in the Agreement or otherwise covered under these Terms and Conditions; c. the technical and organizational measures used by GenomeScan to store and use the Personal Data for the Services are considered appropriate by Client; 9.3. GenomeScan (and any third party engaged by GenomeScan in the execution of the Agreement) accepts no liability and hereby excludes any liability, save for gross negligence or wilful misconduct of GenomeScan or its officers, for: a. Losses (as defined in Section 9.5) suffered by the Client in the application or use of the Results; b. Losses arising directly or indirectly as a result of substandard cooperation by the Client, after GenomeScan had informed Client that such cooperation is substandard; c. Any consequential or indirect losses, loss of profits, loss of business (opportunities), loss of data, loss of goodwill, loss of expected savings or any other form of special damages; d. GenomeScan shall not be held liable for any product liabi...
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Warranties Liability and Indemnification a) Each party represents and warrants that as of the Effective Date and at all times thereafter: (a) this Agreement constitutes its valid and binding obligation and is enforceable against it in accordance with the terms of this Agreement; and (b) the execution and delivery of this Agreement by it and the performance of its obligations hereunder: (i) are not in violation or breach of, and will not conflict with or constitute a default under, any material contract, agreement or commitment binding upon it; and (ii) will not conflict with or violate in any material manner, any applicable law, rule, regulation, judgment, order or decree of any government, governmental instrumentality or court having jurisdiction over such party. Except for the express warranties stated in this section, each party disclaims all other warranties, whether implied by operation of law or otherwise, including, without limitation, any implied warranties of merchantability and fitness for a particular purpose, and any warranties arising from a course of performance, course of dealing or usage of trade. b) No party will be liable to the other party (nor to any person claiming rights derived from such other party’s rights) for any indirect, incidental, consequential, special punitive or exemplary damages of any kind (including without limitation lost revenues or profits, loss of use, loss of cost or other savings or loss of goodwill or reputation) with respect to any claims based on contract, tort or otherwise (including negligence and strict liability) arising out of or relating to this Agreement, regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof. Each party’s maximum cumulative liability arising out of or relating to this Agreement, or the services provided hereunder, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the aggregate amount of the fees paid and payable hereunder. Notwithstanding anything to the contrary, the exclusions and limitations of liability set forth in this section shall not apply: (i) to the violation of a party’s intellectual property rights or the parties’ respective obligations of confidentiality hereunder or (ii) to the extent that acts or omissions of a party constitute gross negligence, willful misconduct, or a violation of applicable law. c) Each party (an “Indemnitor”) will indemnify, defend and hold harm...
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Warranties Liability and Indemnification. ‌ 9.1 DSwiss warrants that it has the necessary power and authorization to accept this Agreement, that the Agreement is valid, binding and enforceable against and by DSwiss, and DSwiss’ acceptance of the Agreement will not violate any law, rule, regulation or any agreement binding DSwiss. 9.2 DSwiss warrants to make commercially reasonable efforts to provide Services in accordance with the descriptions of Services as set out in the respective Service Order, and to comply with the Service Level Agreement. 9.3 DSwiss warrants that Services will be performed with reasonable care, skill and ability and in accordance with applicable laws and regulations. 9.4 If DSwiss fails to comply with the foregoing warranties and the Customer provides DSwiss with written notice of such breach, the Customer’s sole remedy and DSwiss’ sole obligation shall be one of the following options, such option being selected by DSwiss in its sole discretion: a) to the extent practicable, DSwiss may fix the Services and correct any defect or error, provided that DSwiss agrees that such defect or error is correctable; or b) DSwiss may terminate the applicable Service Order and issue a refund to Customer in an amount equal to the Fees pre-paid by Customer (if any) for Services not received. 9.5 The Customer understands that the foregoing remedies are Customer’s sole and exclusive remedies for breaches of warranties provided in this Agreement. Customer agrees that Customer shall have no remedy under this Section for claims made after the termination or expiration of this Agreement. 9.6 The Customer understands that Services may include software licensed by third parties. Third parties do not: a) provide any guarantees with respect to the Services; and b) assume any liability regarding the usage of the Services; or c) assume any obligations to provide support or information regarding the Services. 9.7 WITH THE EXCEPTION OF THE FOREGOING LIMITED WARRANTY, THE SERVICES CONNECTED THEREWITH ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH THE CUSTOMER. WITH THE EXCEPTION OF THE FOREGOING, DSWISS DOES NOT MAKE, EXPRESS, OR IMPLIED, AND DISCLAIMS ANY AND ALL WARRANTY CONNECTED WITH THE SERVICES. 9.8 DSWISS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES: A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ERROR-FREE ACCESS TO THE SERVICESOR USE THEREOF; AND/OR B)...
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Warranties Liability and Indemnification 
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Related to Warranties Liability and Indemnification

  • Liability and Indemnification A. Except as may otherwise be provided by the Investment Company Act or any other federal securities law (whose provisions may not be waived or altered by contract), the Sub-Adviser shall not be liable for any losses, claims, damages, liabilities or litigation (including reasonable attorneys fees) incurred or suffered by the Portfolio(s), the Trust or the Adviser as a result of any error of judgment, mistake of law, or other action or omission by the Sub-Adviser; provided, however, that nothing in this Agreement shall operate or purport to operate in any way to exculpate, waive or limit the liability of the Sub-Adviser for, and the Sub-Adviser shall indemnify and hold harmless the Adviser and the Trust, all affiliated persons thereof (as defined in Section 2(a)(3) of the Investment Company Act) and all controlling persons thereof (as described in Section 15 of the Securities Act) (collectively, “Adviser Indemnitees”) against, any and all losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) to which any of the Adviser Indemnitees may become subject under the Securities Act, the Investment Company Act, the Advisers Act or any other statute, or at common law or otherwise, arising out of or based on (i) any willful misconduct, bad faith, reckless disregard or gross negligence of the Sub-Adviser in the performance of any of its duties or obligations hereunder or (ii) any untrue statement of a material fact contained in the Prospectus, proxy materials, reports, advertisements, sales literature or other materials pertaining to the Portfolio(s), the Trust or the Adviser, or the omission to state therein a material fact known to the Sub-Adviser which was required to be stated therein or necessary to make the statements therein not misleading, if such statement or omission was made in reliance upon information furnished to the Adviser or the Trust by the Sub-Adviser Indemnitees (as defined below) for use therein. B. Except as may otherwise be provided by the Investment Company Act or any other federal securities law (whose provisions may not be waived or altered by contract), the Adviser shall not be liable for any losses, claims, damages, liabilities or litigation (including reasonable attorneys fees) incurred or suffered by the Sub-Adviser as a result of any error of judgment, mistake of law, or other action or omission by the Adviser; provided, however, that nothing in this Agreement shall operate or purport to operate in any way to exculpate, waive or limit the liability of the Adviser for, and the Adviser shall indemnify and hold harmless the Sub-Adviser, all affiliated persons thereof (as defined in Section 2(a)(3) of the Investment Company Act) and all controlling persons thereof (as described in Section 15 of the Securities Act) (collectively, “Sub-Adviser Indemnitees”) against, any and all losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) to which any of the Sub-Adviser Indemnitees may become subject under the Securities Act, the Investment Company Act, the Advisers Act or any other statute, or at common law or otherwise, arising out of or based on (i) any willful misconduct, bad faith, reckless disregard or gross negligence of the Adviser in the performance of any of its duties or obligations hereunder or (ii) any untrue statement of a material fact contained in the Prospectus, proxy materials, reports, advertisements, sales literature or other materials pertaining to the Portfolio(s), the Trust or the Adviser, or the omission to state therein a material fact known to the Adviser that was required to be stated therein or necessary to make the statements therein not misleading, unless such statement or omission was made in reliance upon information furnished to the Adviser or the Trust by the Sub-Adviser Indemnitees.

  • Warranties and Indemnification Employee warrants that he is not a party to any contract, restrictive covenant, or other agreement purporting to limit or otherwise adversely affecting his ability to secure employment with any third party. Alternatively, should any such agreement exist, Employee warrants that the contemplated services to be performed hereunder will not violate the terms and conditions of any such agreement. In either event, Employee agrees to fully indemnify and hold the Company harmless from any and all claims arising from, or involving the enforcement of, any such restrictive covenants or other agreements.

  • Warranty and Indemnification Executive warrants that Executive is not a party to any restrictive agreement limiting Executive’s activities in his employment by the Company. Executive further warrants that at the time of the signing of this Agreement, Executive knows of no written or oral contract or of any other impediment that would inhibit or prohibit employment with the Company, and that Executive will not knowingly use any trade secret, confidential information, or other intellectual property right of any other party in the performance of Executive’s duties hereunder. Executive shall hold the Company harmless from any and all suits and claims arising out of any breach of such restrictive agreement or contracts.

  • Limitation of Liability and Indemnification State Street shall be held to a standard of reasonable care in carrying out its duties under this Agreement. State Street shall be responsible for the performance of only such duties as are set forth in this Agreement and, except as otherwise provided under Section XVI, shall have no responsibility for the actions or activities of any other party, including other service providers. State Street shall have no liability for any error of judgment or mistake of law or for any loss or damage resulting from the performance or nonperformance of its duties hereunder unless caused by or resulting from the negligence, reckless misconduct, willful malfeasance or lack of good faith of State Street, its officers or employees and, in such event, such liability will be subject to the limitations set forth in Section XIII herein. STATE STREET SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO THE TRUST’S USE OF THE SERVICES DESCRIBED HEREIN OR THE PERFORMANCE OF OR FAILURE TO PERFORM STATE STREET’S OBLIGATIONS UNDER THIS AGREEMENT. This disclaimer applies without limitation to claims regardless of the form of action, whether in contract (including negligence), strict liability, or otherwise and regardless of whether such damages are foreseeable. The Trust, or, if applicable, the relevant Portfolio, will indemnify and hold harmless State Street and its stockholders, directors, officers, employees, agents, and representatives (collectively, the “Trust Indemnified Persons”) for, and will pay to the Trust Indemnified Persons the amount of, any actual and direct damages, whether or not involving a third-party claim (collectively, the “Damages”), arising from or in connection with (i) any act or omission by State Street (or any of its affiliates) pursuant to this Agreement which does not constitute negligence, reckless misconduct, willful malfeasance or lack of good faith in fulfilling the terms and obligations of this Agreement, (ii) any act or omission by the Trust (or any of its affiliates) which constitutes a breach of any representation, warranty, term, or obligation contained in this Agreement, or (iii) any act or omission by the Trust (or any of its affiliates) which constitutes negligence, reckless misconduct, willful malfeasance, or lack of good faith in fulfilling the terms and obligations of this Agreement. The remedies provided in this paragraph are not exclusive of or limit any other remedies that may be available to State Street or any other Trust Indemnified Person. State Street will indemnify and hold harmless the Trust, and its respective shareholders, trustees, directors, officers, agents, and representatives (collectively, the “State Street Indemnified Persons”) for, and will pay to the State Street Indemnified Persons the amount of, any Damages, arising from or in connection with (i) any act or omission by State Street (or any of its affiliates) which constitutes a breach of any representation, warranty, term, or obligation contained in this Agreement or (ii) any act or omission by State Street (or any of its affiliates) which constitutes negligence, reckless misconduct, willful malfeasance, or lack of good faith in fulfilling the terms and obligations of this Agreement; provided, however, that State Street shall not be required to provide indemnification for damages arising from errors caused by inaccurate prices received from independent pricing services and reasonably relied upon by State Street. In the event that State Street is required to provide indemnification under this Section XII, its liability shall be limited as described under Section XIII below. The remedies provided in this paragraph are not exclusive of or limit any other remedies that may be available to the Trust or any other State Street Indemnified Person. The indemnification and limitation of liability contained herein shall survive the termination of this Agreement.

  • Warranties and Indemnity 5.1 Subject to Clause 5.10, [**] warrant to the Buyer in the terms set out in Part 1 of Schedule 3 and Part 2 of Schedule 4 and not withstanding any other provision of this Agreement, any reference in any Warranty to a Seller shall be to the Sellers. 5.2 The Sellers are aware and acknowledge that the Buyer has entered into this Agreement in reliance on the Warranties which have induced it to enter into this Agreement. 5.3 The Warranties are given subject only to the matters fairly disclosed in the Disclosure Letter. The rights and remedies of the Buyer in respect of any breach of the Warranties shall not be affected by Completion. 5.4 Each of the Warranties set out in each paragraph of Part 1 of Schedule 3 are separate and independent and unless otherwise expressly provided shall not be limited by reference to any other Warranty or anything in this Agreement. 5.5 If there is a breach of a Warranty and: 5.5.1 the value of an asset of the Company or the Subsidiary Undertaking is or becomes less than the value would have been had the breach not occurred; or 5.5.2 the Company and/or the Subsidiary Undertaking is/are subject to or incur(s) a liability or an increase in a liability which it would not have been subject to or would not have incurred had the breach not occurred, [**] pay the Buyer on demand (at the Buyer’s option) an amount equal to the relevant Due Proportion of the reduction caused in the value of the Shares. 5.6 [**] indemnify the Buyer against the relevant Due Proportion of all reasonable and proper costs which the Buyer may incur whether before or after the start of an action in connection with: 5.6.1 the settlement of a claim against the Sellers in respect of a breach or an alleged breach of a Warranty or the enforcement of a settlement; and 5.6.2 legal proceedings against the Sellers in respect of a breach or an alleged breach of a Warranty in which judgment is given for the Buyer or the enforcement of the judgment. 5.7 [**] the Buyer against the relevant Due Proportion of all reasonable and proper costs which the Buyer may incur in relation to any and all losses suffered by the Company following Completion as a result of any variation or error in the figures set out in Schedule 8. 5.8 If in respect of or in connection with any breach of any of the Warranties or any indemnity claim under this Clause 5 any sum payable to the Buyer by the Sellers by way of compensation is subject to Taxation, then such further amount shall be paid to the Buyer by the Sellers so as to secure that the net amount received by the Buyer is the same as it would have been were the payment not subject to Taxation. 5.9 Each of the Sellers waives and may not enforce any rights which he/she may have in respect of a misrepresentation, inaccuracy or omission in or from information or advice supplied or given by the Company and/or the Subsidiary Undertaking or any present or former officer or employee of the Company and/or the Subsidiary Undertaking for the purpose of assisting them in relation to any term of this Agreement, the making of a representation, the giving of a warranty or the preparation of the Disclosure Letter. 5.10 Part 2 of Schedule 3 (Limitations on Sellers' liability) shall apply to limit or exclude, in accordance with its terms, any liability of the Sellers in respect of a Warranty Claim, provided that no provision of that schedule shall apply to limit or exclude any such liability arising out of any fraudulent act or omission by or on behalf of the Sellers. 5.11 Any amount paid by or on behalf of the Sellers in respect of a breach of the Warranties and/or under a Warranty Claim made under Part 1 of Schedule 3 shall be deemed to reduce the Consideration and be a repayment of the Consideration to the extent of that amount.

  • User Warranties and Indemnification You warrant to Credit Union that:

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