WARRANTIES, REMEDIES AND DISCLAIMERS. 9.1 Each party represents and warrants that (i) it has the legal power to enter into and perform under this Agreement; and (ii) it shall comply with all other applicable laws in its performance hereunder.
WARRANTIES, REMEDIES AND DISCLAIMERS. 10.1. Incident IQ warrants that it will perform the Cloud Services in all material respects as described in Your Order Form. If the Cloud Services provided to You were not performed as warranted, You must promptly provide written notice to Incident IQ that describes the deficiency in the Cloud Services.
WARRANTIES, REMEDIES AND DISCLAIMERS. 1.2.1 Each party warrants that (i) it has the legal power to enter into, and perform under, the Agreement; and (ii) it shall comply with all applicable laws in its performance hereunder.
WARRANTIES, REMEDIES AND DISCLAIMERS. A. Subject to the limitation on liability and the remedies provided for under the SLA, which shall be Customer sole remedy for SAVVIS breach of the SLA, SAVVIS shall, at SAVVIS’ own expense, defend Customer against any and all claims, cost, expenses or liability (including reasonable attorney’s fees) to the extent arising out of or in connection with the breach of any representations or warranties set forth in this Agreement, or that the Customer Environment, products, Services, or the Connections infringe on any third party’s property or ownership rights. SAVVIS shall, at SAVVIS’ sole option, either (i) settle any such claim, (ii) secure valid rights for Customer’s continued use or (iii) furnish equivalent Customer Environment that is not infringing and that can be used to satisfy the original specifications in SAVVIS’ determination. SAVVIS shall be relieved of its obligation to defend, indemnify and hold harmless the indemnified parties from any such claim solely to the extent that the alleged infringement results from: (a) a modification of the product or services or Connection by or on behalf of the Customer, but only if such modification was not made or authorized by SAVVIS; (b) use of the product or services or Connection by Customer other than in accordance with the terms of this Agreement; (c ) use of the product or services or Connections by Customer in combination with any other hardware, software or other materials that causes the product of services or Connection to be infringing, but only if such combination was not made or authorized by SAVVIS. This indemnity and remedy by SAVVIS shall be valid only if (i) Customer gives SAVVIS prompt written notice upon its receipt of any such claim, (ii) Customer provides SAVVIS with all pertinent information in Customer’s possession relative to such claim and (iii) SAVVIS shall have sole control over the settlement or defense of such claim, provided that such settlement is reasonable.
WARRANTIES, REMEDIES AND DISCLAIMERS. A. Alchemy shall, at Alchemy's own expense, defend Customer against any and all claims that the Collocation Space used by Customer hereunder infringes on any third party's property or ownership rights. Alchemy shall, at Alchemy's sole option, either (1) settle any such claim, (11) secure valid rights for Customer's continued use, or (111) furnish equivalent Collocation Space that is not infringing and that can be used to satisfy the original specifications in Alchemy's determination. This warranty and remedy by Alchemy shall be valid only if (i) Customer gives Alchemy prompt written notice upon Customer's receipt of any such claim, (ii) Customer provides Alchemy with all pertinent information in its possession relative to such claim and (Iii) Alchemy shall have sole control over the settlement or defense of such claim.
WARRANTIES, REMEDIES AND DISCLAIMERS. A. COMSTOR shall, at COMSTOR's own expense, defend, indemnify and hold Customer harmless against any and all claims that the Collocation Space used by Customer hereunder infringes on any third party's property or ownership rights. COMSTOR shall, at COMSTOR's sole option, either (i) settle any such claim, (ii) secure valid rights for Customer's continued use, or (iii) -------------------------------------------------------------------------------- 6 -------------------------------------------------------------------------------- furnish equivalent Collocation Space satisfactory to Customer within the terminal facility, that is not infringing and that can be used to satisfy the original specifications in COMSTOR's determination. This warranty and remedy by COMSTOR shall be valid only if (i) Customer gives COMSTOR prompt written notice upon Customer's receipt of any such claim, (ii) Customer provides COMSTOR with all pertinent information in its possession relative to such claim and (iii) COMSTOR shall have sole control over the settlement or defense of such claim.
WARRANTIES, REMEDIES AND DISCLAIMERS a. Company and Provider represent and warrant that each has the legal power to enter into and perform under this Contract, and that each shall comply with all applicable laws in their performance hereunder.
WARRANTIES, REMEDIES AND DISCLAIMERS. 7.1. Each Party warrants that it has validly entered into this Agreement and has the legal power to do so.
WARRANTIES, REMEDIES AND DISCLAIMERS. A. Signum Corporate Communications Limited shall, at Signum Corporate Communications Limited’s own expense, defend The Customer against any and all claims that the colocation space used by The Customer hereunder infringes on any third party’s property or ownership rights. Signum Corporate Communications Limited shall, at Signum Corporate Communications Limited’s sole option either:
WARRANTIES, REMEDIES AND DISCLAIMERS. 12.1. Other warranties, remedies and disclaimers may be found in Attachments.
