Common use of Warranties Limitations Clause in Contracts

Warranties Limitations. A. The Company warrants that the services provided hereunder will be performed by qualified personnel in a good and workmanlike manner and that any deliverables will be free of material defects. The Company’s liability and the Municipality’s exclusive remedy for failure of any service or deliverable to meet this warranty shall be limited to reperformance, at the Company’s cost, of such service or deliverable. The Company’s warranty does not extend to failures arising out of (i) incorrect or insufficient data, specifications or instructions provided by the Municipality or (ii) work or services performed by others. B. THE COMPANY DOES NOT WARRANT THAT SOFTWARE WILL BE ERROR FREE OR WILL OPERATE UNINTERRUPTED. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY. IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY SHALL NOT APPLY. THE COMPANY’S WARRANTY OBLIGATIONS AND THE MUNICIPALITY’S REMEDIES HEREUNDER ARE SOLELY AND EXCLUSIVELY AS STATED HEREIN. C. The limitations and protections against liability afforded the Company, and its licensors herein shall apply to any action or claim in connection with the services, whether based on contract, tort, statute or otherwise (including negligence, warranty and strict liability). The cumulative liability of the Company, and its licensors for all obligations, warranties and guaranties, whether express or implied, with respect to services performed hereunder shall be limited to the amount paid to the Company pursuant to this Agreement. The Company, and its licensors shall not be liable to the Municipality or any other person or entity for lost profits, revenues, use, opportunities, or data, or any indirect, special, incidental, punitive or consequential damages arising from the performance or nonperformance of services or the use or inability to use any software or product, irrespective of whether the claims or actions for such damages are based upon contract, tort, negligence, strict liability, warranty or otherwise. D. No action may be maintained or proceeding commenced by the Municipality or others against the Company or its licensors with respect to the Licensed Program or services unless such action or proceeding is commenced within one year after completion by the Company of the particular services to which such action or proceeding relates.

Warranties Limitations. A. The Company General Code warrants that the services provided hereunder will be performed by qualified personnel in a good and workmanlike manner and that any deliverables will be free of material defects. The CompanyGeneral Code’s liability and the MunicipalityClient’s exclusive remedy for failure of any service or deliverable to meet this warranty shall be limited to reperformance, at the CompanyGeneral Code’s cost, of such service or deliverable. The CompanyGeneral Code’s warranty does not extend to failures arising out of (i) incorrect or insufficient data, specifications or instructions provided by the Municipality Client or (ii) work or services performed by others. B. THE COMPANY GENERAL CODE DOES NOT WARRANT THAT SOFTWARE WILL BE ERROR FREE OR WILL OPERATE UNINTERRUPTED. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY. IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY SHALL NOT APPLY. THE COMPANYGENERAL CODE’S WARRANTY OBLIGATIONS AND THE MUNICIPALITYCLIENT’S REMEDIES HEREUNDER ARE SOLELY AND EXCLUSIVELY AS STATED HEREIN. C. The limitations and protections against liability afforded the Company, and its licensors General Code herein shall apply to any action or claim in connection with the services, whether based on contract, tort, statute or otherwise (including negligence, warranty and strict liability). The cumulative liability of the Company, and its licensors General Code for all obligations, warranties and guaranties, whether express or implied, with respect to services performed hereunder shall be limited to the amount paid to the Company General Code pursuant to this Agreementagreement. The Company, and its licensors General Code shall not be liable to the Municipality Client or any other person or entity for lost profits, revenues, use, opportunities, or lost data, or any indirect, special, incidental, punitive or consequential damages arising from the performance or nonperformance of services or the use or inability to use any software or product, irrespective of whether the claims or actions for such damages are based upon contract, tort, negligence, strict liability, warranty or otherwise. D. No action may be maintained or proceeding commenced by the Municipality Client or others against the Company or its licensors General Code with respect to the Licensed Program or services unless such action or proceeding is commenced within one year after completion by the Company General Code of the particular services to which such action or proceeding relates.

Warranties Limitations. A. The Company ICC Community Development Solutions warrants that the services provided hereunder will be performed by qualified personnel in a good and workmanlike manner and that any deliverables will be free of material defects. The Company’s ICC Community Development Solutions’ liability and the MunicipalityClient’s exclusive remedy for failure of any service or deliverable to meet this warranty shall be limited to reperformance, at the Company’s ICC Community Development Solutions’ cost, of such service or deliverable. The Company’s ICC Community Development Solutions’ warranty does not extend to failures arising out of (i) incorrect or insufficient data, specifications or instructions provided by the Municipality Client or (ii) work or services performed by others. B. THE COMPANY ICC COMMUNITY DEVELOPMENT SOLUTIONS DOES NOT WARRANT THAT SOFTWARE WILL BE ERROR FREE OR WILL OPERATE UNINTERRUPTED. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY. IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY SHALL NOT APPLY. THE COMPANYICC COMMUNITY DEVELOPMENT SOLUTIONS’S WARRANTY OBLIGATIONS AND THE MUNICIPALITYCLIENT’S REMEDIES HEREUNDER ARE SOLELY AND EXCLUSIVELY AS STATED HEREIN. C. The limitations and protections against liability afforded the Company, and its licensors ICC Community Development Solutions herein shall apply to any action or claim in connection with the services, whether based on contract, tort, statute or otherwise (including negligence, warranty and strict liability). The cumulative liability of the Company, and its licensors ICC Community Development Solutions for all obligations, warranties and guaranties, whether express or implied, with respect to services performed hereunder shall be limited to the amount paid to the Company ICC Community Development Solutions pursuant to this Agreementagreement. The Company, and its licensors ICC Community Development Solutions shall not be liable to the Municipality Client or any other person or entity for lost profits, revenues, use, opportunities, or lost data, or any indirect, special, incidental, punitive or consequential damages arising from the performance or nonperformance of services or the use or useor inability to use any software or product, irrespective of whether the claims or actions for such damages are based upon contract, tort, negligence, strict liability, warranty or otherwise. D. No action may be maintained or proceeding commenced by the Municipality Client or others against the Company or its licensors ICC Community Development Solutions with respect to the Licensed Program or services unless such action or proceeding is commenced within one year after completion by the Company ICC Community Development Solutions of the particular services to which such action or proceeding relates.

Warranties Limitations. A. The Company General Code warrants that the services provided hereunder will be performed by qualified personnel in a good and workmanlike manner and that any deliverables will be free of material defects. The CompanyGeneral Code’s liability and the Municipality’s exclusive remedy for failure of any service or deliverable to meet this warranty shall be limited to reperformance, at the CompanyGeneral Code’s cost, of such service or deliverable. The CompanyGeneral Code’s warranty does not extend to failures arising out of (i) incorrect or insufficient data, specifications or instructions provided by the Municipality or (ii) work or services performed by others. B. THE COMPANY GENERAL CODE DOES NOT WARRANT THAT SOFTWARE WILL BE ERROR FREE OR WILL OPERATE UNINTERRUPTED. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY. IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY SHALL NOT APPLY. THE COMPANYGENERAL CODE’S WARRANTY OBLIGATIONS AND THE MUNICIPALITY’S REMEDIES HEREUNDER ARE SOLELY AND EXCLUSIVELY AS STATED HEREIN. C. The limitations and protections against liability afforded the CompanyGeneral Code, and its licensors herein shall apply to any action or claim in connection with the services, whether based on contract, tort, statute or otherwise (including negligence, warranty and strict liability). The cumulative liability of the CompanyGeneral Code, and its licensors for all obligations, warranties and guaranties, whether express or implied, with respect to services performed hereunder shall be limited to the amount paid to the Company General Code pursuant to this Agreementagreement. The CompanyGeneral Code, and its licensors shall not be liable to the Municipality or any other person or entity for lost profits, revenues, use, opportunities, or data, or any indirect, special, incidental, punitive or consequential damages arising from the performance or nonperformance of services or the use or inability to use any software or product, irrespective of whether the claims or actions for such damages are based upon contract, tort, negligence, strict liability, warranty or otherwise. D. No action may be maintained or proceeding commenced by the Municipality or others against the Company General Code or its licensors with respect to the Licensed Program or services unless such action or proceeding is commenced within one year after completion by the Company General Code of the particular services to which such action or proceeding relates.