WARRANTIES; LIMITATIONS ON LIABILITY. 19.1 The EPC Contractor warrants that it (and or its Subcontractors, where applicable) will perform the engineering, electrical, design services in accordance with the current standards of care and diligence normally practiced in performing services of a similar nature, including consistent with Prudent Industry Practice and all Legal Requirements and all Utility Requirements. If during the six (6) year period following Final Completion Date, it is shown that there is an error in the engineering and or design services as a result of EPC Contractor’s failure to meet those standards and Client has notified EPC Contractor in writing of any such error within the specified period, EPC Contractor shall correct all Services and Work as may be necessary to remedy such error and to deliver to the Client the Project as it was intended to be delivered pursuant to the terms of this Agreement. All costs incurred by EPC Contractor in performing such corrective services and work shall be paid by EPC Contractor.
WARRANTIES; LIMITATIONS ON LIABILITY. THE DEVELOPER MAKES NO WARRANTY, REPRESENTATION, OR PROMISE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN THE SERVICES ARE PROVIDED "AS IS." THE DEVELOPER DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS OF THE SERVICES FOR A PARTICULAR PURPOSE. THE DEVELOPER DOES NOT WARRANT THAT THE SERVICES OR RELATED MATERIALS WILL SATISFY CUSTOMER'S REQUIREMENTS OR THAT THE SERVICES AND RELATED SERVICES WILL BE WITHOUT DEFECT OR ERROR.
WARRANTIES; LIMITATIONS ON LIABILITY. 5.1 Kofax further warrants that it has the legal right to enter into this Agreement and to provide the services to Customer, and that the services will be performed in a professional manner. If Customer is dissatisfied with the performance of any services, Customer will within thirty (30) days calendar days following the completion of the services in question provide Kofax written notice describing the specific basis for such dissatisfaction, and Kofax, if necessary, will arrange for the performance of such services to the warranted level. Kofax’s warranties for the services do not extend to any interference with or failure or degradation of the performance of any software subject of the services caused by (a) Customer’s failure to meet and comply with the specifications and requirements for implementation and/or execution of such software, (b) Customer’s violation of any restrictions upon the use of such software, or (c) Customer’s installation, of any other software, hardware, product or apparatus in Customer’s application environment following the performance of the services. Furthermore, in the event that Customer modifies any configuration files that were delivered as part of the Work Product or are utilized by the Work Product independent of Kofax, this warranty will be void.
WARRANTIES; LIMITATIONS ON LIABILITY. THE CONSULTANT MAKES NO WARRANTY, REPRESENTATION, OR PROMISE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN THE SERVICES ARE PROVIDED "AS IS." THE CONSULTANT DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS OF THE SERVICES FOR A PARTICULAR PURPOSE. THE CONSULTANT DOES NOT WARRANT THAT THE SERVICES OR RELATED MATERIALS WILL SATISFY CUSTOMER'S REQUIREMENTS OR THAT THE SERVICES AND RELATED SERVICES WILL BE WITHOUT DEFECT OR ERROR.
WARRANTIES; LIMITATIONS ON LIABILITY a. OPERATOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN THE WEB SITE AND CONTESTS ARE PROVIDED "AS IS". OPERATOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS OF THE SOFTWARE FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT WARRANT THAT THE WEB SITE OR CONTESTS OR RELATED MATERIALS WILL SATISFY CUSTOMER'S REQUIREMENTS OR THOSE OF CUSTOMER'S END USERS OR THAT THE WEB SITE AND CONTESTS AND RELATED MATERIALS ARE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF THE WEB SITE AND CONTESTS WILL BE UNINTERRUPTED.
WARRANTIES; LIMITATIONS ON LIABILITY. 19.1Developer warrants and guarantees to Owner that all Work and Equipment furnished, installed or otherwise performed by Developer or any of its Subcontractors hereunder shall (i) be free from defects or deficiencies in workmanship, materials, manufacture, fabrication and installation; (ii) be unused and undamaged and of good and suitable quality and condition when installed; (iii) be designed and constructed for use under the climactic and normal operating conditions described in the Contract Documents in accordance with Prudent Industry Practices; and (iv) conform to the requirements of the Scope of Work, this Agreement and the other Contract Documents, Legal Requirements, all manufacturers’ specifications, the requirements of any insurers providing insurance under this Agreement and Prudent Industry Practices (together, the “Warranty”). Any Work or Equipment not conforming to the Warranty shall be considered “Defective” or a “Defect”. Developer shall remedy any Defect occurring within the (2) year period following Final Completion (the “Warranty Period”). The Warranty shall apply to all repairs and replacements carried out by Developer from the date they were completed until the later of (a) the expiration of the Warranty Period; and (b) one year from the date of completion of such repair or replacement. Developer shall pay all costs incurred by Developer in performing such corrective services. If Developer cannot or does not correct any Defect within a reasonable time after written notice of such Defect is received by Developer, or if an emergency exists rendering it impossible or impracticable for Owner to have the corrective work performed by Xxxxxxxxx, then Owner, after written notice to Developer, may make or cause to be made such correction, in which case Developer will reimburse the Owner for the substantiated costs thereof.
WARRANTIES; LIMITATIONS ON LIABILITY. The EPC Contractor warrants that it (and or its Subcontractors, where applicable) will perform the engineering, electrical, design services in accordance with the current standards of care and diligence normally practiced in performing services of a similar nature, including consistent with Prudent Industry Practice and all Legal Requirements and all Utility Requirements. If during the six (6) year period following Final Completion Date, it is shown that there is an error in the engineering and or design services as a result of EPC Contractor’s failure to meet those standards and Client has notified EPC Contractor in writing of any such error within the specified period, EPC Contractor shall correct all Services and Work as may be necessary to remedy such error and to deliver to the Client the Project as it was intended to be delivered pursuant to the terms of this Agreement. All costs incurred by EPC Contractor in performing such corrective services and work shall be paid by EPC Contractor. If during the six (6) year period following Final Completion Date it is shown that there is an error in the installation Work, including any roof areas penetrated as part of the Work, as a result of EPC Contractor’s failure or any defective Work, including any roof areas penetrated as part of the Work, and Client has notified EPC Contractor in writing of any such error within the specified period, Client shall give EPC Contractor the option to re-perform such installation services and provide all such work necessary to correct the Work within sixty (60) days of such notice; assuming that full access to the Project Site as needed to perform same is granted to the EPC Contractor, subject to delays in materials/supplies delivery, weather, Government Authorities approvals, and or any other matter beyond the EPC Contractor’s control does not interfere with this work. Client can also perform the work necessary to correct the Work at EPC Contractor’s expense. EPC Contractor shall pay all costs incurred by EPC Contractor or Client in performing such corrective services. The EPC Contractor warrants that the Work shall not void any existing roof warranty at the Project Site. Prior to the Substantial Completion Date, EPC Contractor shall obtain, at its sole cost and expense, a written confirmation from each of the issuers of the roof warranties that such warranties in full force and effect. Coordination and communication with any issuers of the warranties as well as fees associat...
WARRANTIES; LIMITATIONS ON LIABILITY. The parties acknowledge and agree that business decisions involve the assumption of risk and that Consultant in furnishing information or services for purposes of assisting Customer in the marketing of grain does not and cannot insulate Customer from risk in any manner whatsoever. Therefore, Customer agrees that Consultant shall not be liable for any loss or injury caused in whole or in part, either by its negligent acts of omission or commission or those of its officers, agents, employees, or suppliers or by contingencies beyond control in procuring, collecting, interpreting, reporting, communication or delivering information. OTHER THAN THE WARRANTIES PROVIDED ABOVE, CONSULTANT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. NOR ARE ANY SUCH WARRANTIES TO BE IMPLIED WITH RESPECT TO THE DATA, INFORMATION OR PRODUCTS FURNISHED. CONSULTANT ASSUMES NO RESPONSIBILITY WITH RESPECT TO CUSTOMER’S USE THEREOF. CONSULTANT SHALL NOT BE HELD LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCURRED BY CUSTOMER, EVEN IF ADVISED OF THE POSSIBILITY THERETO, NOR SHALL CONSULTANT BE LIABLE FOR PUNITIVE DAMAGES OR “LOST PROFITS”; WHETHER OR NOT DUE TO A BREACH OF WARRANTY, OF ANY OBLIGATION ARISING HEREUNDER, AND WHETHER LIABILITY IS EXPRESSED IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY. IF CONSULTANT IS HELD LIABLE FOR ANY CAUSE SITED BY CUSTOMER, THE MAXIMUM LIABILITY OF CONSULTANT SHALL NOT EXCEED THE ACTUAL COST OF THE SERVICES PROVIDED BY CONSULTANT TO CUSTOMER. CUSTOMER WILL INDEMNIFY AND HOLD HARMLESS CONSULTANT AND ITS AGENTS, MANAGERS, OFFICERS AND DIRECTORS FROM ANY CLAIM DUE TO CUSTOMER’S BREACH OF ANY PROVISION UNDER THIS AGREEMENT, OR DUE TO ANY DELAY, INACCURACIES, ERRORS OR OMISSIONS OF PRODUCTS OR SERVICES PROVIDED BY CONSULTANT, AND SHALL PAY TO CONSULTANT ALL EXPENSES AND ATTORNEYS’ FEES RELATING TO SUCH CLAIM. CONSULTANT SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DAMAGES OR PENALTIES FOR DELAY IN DELIVERY, OR USE OF THE PRODUCTS AND SERVICES PROVIDED BY CONSULTANT TO CUSTOMER BASED ON ANY EVENTS OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO: (i) ACTS OF GOD, CIVIL OR MILITARY AUTHORITY; (ii) ACTIONS OR INACTIONS OF ANY GOVERNMENTAL ENTITY OR REGULATORY AUTHORITY (FOREIGN OR DOMESTIC) OR ITS AGENCIES AND DEPARTMENTS; (iii) ACTS OF PUBLIC ENEMY; (iv) SUSPENSION, INTERRUPTION OR UNAVAILABILITY OF DATA COMMUNICATED FROM GOVERNMENTAL OR PR...
WARRANTIES; LIMITATIONS ON LIABILITY a. Spectra represents and warrants to Kleen-Tex that it either owns the LaserCode technology or has obtained and currently holds all rights necessary to grant the licenses and rights granted to Kleen-Tex hereunder.
WARRANTIES; LIMITATIONS ON LIABILITY. BLUE KIWI warrants that: It will perform the Services required in a competent and workmanlike manner in accordance with applicable professional standards. BLUE KIWI’s performance of the Services called for by this Agreement does not and will not violate: (1) any applicable law, rule, or regulation; (2) any contracts with third parties; or (3) any third—party rights in any patent, trademark, copyright, trade secret, or any other proprietary or intellectual property right; BLUE KIWI’s personnel performing the Services on Client‘s premises will comply with Client’s rules, regulations, and policies to the extent communicated in advance to BLUE KIWI. Except as set forth above in this Section 5, BLUE KIWI makes no other warranties, express or implied, including without limitation any warranties as to merchantability or fitness for a particular purpose or any warranties regarding any particular outcome of the Services. In no event will either party be liable to the other party or any other person for any special, incidental, consequential or exemplary damages, whether based on breach of contract, tort (excluding gross negligence, intentional acts and infringement), statute or otherwise, regardless of whether the breaching party has been advised of the possibility of such damages. Each party expressly waives any right to seek to any such special, incidental, consequential or exemplary damages. In no event (including unenforceability of the limitations of liability herein, and independent of any failure of essential purpose of the limited warranty and remedies provided hereunder), will BLUE KIWI’s total liability in contract, tort or otherwise arising out of or in connection with the provision of the Services, this Agreement or the Statement of Work exceed the aggregate service fees paid to BLUE KIWI by Client pursuant to this Agreement.; provided, however, any liability for fraud, breach of the Non- Disclosure Agreement or the indemnification obligations set forth in Section 12 shall not be subject to this limitation on liability as well as liability which results from gross negligence or intentional acts. This limit (subject to the. exclusions set forth in the immediately preceding sentence) also applies to any subcontractors of the BLUE KIWI engaged in the performance of the Services and is the maximum for which BLUE KIWI or and its subcontractors are collectively responsible (subject to the exclusions set forth in the immediately preceding sentence), The partie...
