Common use of Warranties; Limitation of Liability; Indemnity Clause in Contracts

Warranties; Limitation of Liability; Indemnity. (a) Other than the statements expressly made by the Providing Party in this Agreement or in any SOW, the Providing Party makes no representation or warranty, express or implied, with respect to the Services and, except as provided in Section 14(b) hereof, the Customer Party hereby waives, releases and renounces all other representations, warranties, obligations and liabilities of the Providing Party, and any other rights, claims and remedies of the Customer Party against the Providing Party, express or implied, arising by law or otherwise, with respect to any nonconformance, error, durability, omission or defect in any of the Services, including (i) any implied warranty of merchantability, fitness for a particular purpose or non-infringement, (ii) any implied warranty arising from course of performance, course of dealing or usage of trade and (iii) any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of the Providing Party.

Appears in 6 contracts

Samples: Technology Products Services Agreement (Altisource Portfolio Solutions S.A.), Technology Products Services Agreement (Altisource Asset Management Corp), Technology Products Services Agreement (Altisource Asset Management Corp)

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Warranties; Limitation of Liability; Indemnity. (a) Other than the statements expressly made by the Providing Party in this Agreement or in any SOW, the Providing Party makes no representation or warranty, express or implied, with respect to the Services and, except as provided in Section 14(b) hereof, the Customer Party hereby waives, releases releases, and renounces all other representations, warranties, obligations obligations, and liabilities of the Providing Party, and any other rights, claims claims, and remedies of the Customer Party against the Providing Party, express or implied, arising by law or otherwise, with respect to any nonconformance, error, durability, omission omission, or defect in any of the Services, including (i) any implied warranty of merchantability, fitness for a particular purpose purpose, or non-infringement, (ii) any implied warranty arising from course of performance, course of dealing dealing, or usage of trade and (iii) any obligation, liability, right, claim claim, or remedy in tort, whether or not arising from the negligence of the Providing Party.

Appears in 3 contracts

Samples: Technology Products Services Agreement, Technology Products Services Agreement (Altisource Portfolio Solutions S.A.), Technology Products Services Agreement (Ocwen Financial Corp)

Warranties; Limitation of Liability; Indemnity. (a) Other than the statements expressly made by the Providing Party in this Agreement or in any SOWAgreement, the Providing Party makes no representation or warranty, express or implied, with respect to the Services and/or Additional Services and, except as provided in Subsection (b) of this Section 14(b) hereof11, the Customer Receiving Party hereby waives, releases releases, and renounces all other representations, warranties, obligations obligations, and liabilities of the Providing Party, and any other rights, claims claims, and remedies of the Customer Receiving Party against the Providing Party, express or implied, arising by law or otherwise, with respect to any nonconformance, error, durabilityomission, omission or defect in any of the Services and/or Additional Services, including (i) any implied warranty of merchantability, merchantability or fitness for a particular purpose or non-infringementpurpose, (ii) any implied warranty of non-infringement or arising from course of performance, course of dealing dealing, or usage of trade trade, and (iii) any obligation, liability, right, claim claim, or remedy in tort, whether or not arising from the negligence of the Providing Party.

Appears in 3 contracts

Samples: Support Services Agreement (Ocwen Financial Corp), Support Services Agreement (Altisource Portfolio Solutions S.A.), Support Services Agreement (Ocwen Financial Corp)

Warranties; Limitation of Liability; Indemnity. (a) Other than the statements expressly made by the Providing Party in this Agreement or in any SOW, the Providing Party makes no representation or warranty, express or implied, with respect to the Services and, except as provided in Section 14(b) hereof, the Customer Party hereby waives, releases and renounces all other representations, warranties, obligations and liabilities of the Providing Party, and any other rights, claims and remedies of the Customer Party against the Providing Party, express or implied, arising by law or otherwise, with respect to any nonconformance, durability, error, durability, omission or defect in any of the Services, including (i) any implied warranty of merchantability, fitness for a particular purpose or non-infringement, (ii) any implied warranty arising from course of performance, course of dealing or usage of trade and (iii) any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of the Providing Party.

Appears in 3 contracts

Samples: Services Agreement (Ocwen Financial Corp), Services Agreement (Altisource Portfolio Solutions S.A.), Services Agreement (Altisource Portfolio Solutions S.A.)

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Warranties; Limitation of Liability; Indemnity. (a) Other than the statements expressly made by the Providing Party parties in this Agreement or in Agreement, neither party makes any SOW, the Providing Party makes no representation or warranty, express or implied, with respect to the Services and/or Additional Services and, except as provided in Subsection (b) of this Section 14(b) hereof11, the Customer Party each party hereby waives, releases and renounces all other representations, warranties, obligations and liabilities of the Providing Partyother party, and any other rights, claims and remedies of the Customer Party against the Providing Partyother party, express or implied, arising by law or otherwise, with respect to any nonconformance, error, durability, omission or defect in any of the Services and/or Additional Services, including (i) any implied warranty of merchantability, merchantability or fitness for a particular purpose or non-infringementpurpose, (ii) any implied warranty of non-infringement or arising from course of performance, course of dealing or usage of trade and (iii) any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of the Providing Partysuch party.

Appears in 3 contracts

Samples: Professional Services Agreement (Ocwen Financial Corp), Professional Services Agreement (Home Loan Servicing Solutions, Ltd.), Professional Services Agreement (Home Loan Servicing Solutions, Ltd.)

Warranties; Limitation of Liability; Indemnity. (a) Other than the statements expressly made by the Providing Party in this Agreement or in any SOW, the Providing Party makes no representation or warranty, express or implied, with respect to the Services and, except as provided in Section 14(b) hereof, the Customer Party hereby waives, releases releases, and renounces all other representations, warranties, obligations obligations, and liabilities of the Providing Party, and any other rights, claims claims, and remedies of the Customer Party against the Providing Party, express or implied, arising by law or otherwise, with respect to any nonconformance, durability, error, durabilityomission, omission or defect in any of the Services, including including: (i) any implied warranty of merchantability, fitness for a particular purpose purpose, or non-infringement, ; (ii) any implied warranty arising from course of performance, course of dealing dealing, or usage of trade trade; and (iii) any obligation, liability, right, claim claim, or remedy in tort, whether or not arising from the negligence of the Providing Party.

Appears in 2 contracts

Samples: Services Agreement (Altisource Portfolio Solutions S.A.), Services Agreement (Ocwen Financial Corp)

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