Common use of WARRANTIES, REMEDIES AND DISCLAIMERS Clause in Contracts

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. B. THE COLLOCATION SPACE IS ACCEPTED "AS IS" BY CUSTOMER. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATION HAS BEEN MADE BY ALCHEMY AS TO THE FITNESS OF THE COLLOCATION SPACE FOR CUSTOMER'S INTENDED PURPOSE. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS ARTICLE, THERE ARE NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR-AL, OR WRITTEN, WITH RESPECT TO THE COLLOCATION SPACE OR SERVICES COVERED OR FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, THE REMEDIES PROVIDED IN THIS ARTICLE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES.

WARRANTIES, REMEDIES AND DISCLAIMERS. A. Alchemy 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 Alchemy's SAVVIS’ own expense, defend Customer against any and all claims 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 Collocation Space used by Customer hereunder infringes Environment, products, Services, or the Connections infringe on any third party's ’s property or ownership rights. Alchemy SAVVIS shall, at Alchemy's SAVVIS’ sole option, either (1i) settle any such claim, (11ii) secure valid rights for Customer's ’s continued use, use or (111iii) furnish equivalent Collocation Space Customer Environment that is not infringing and that can be used to satisfy the original specifications in Alchemy's 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 warranty indemnity and remedy by Alchemy SAVVIS shall be valid only if (i) Customer gives Alchemy SAVVIS prompt written notice upon Customer's its receipt of any such claim, (ii) Customer provides Alchemy SAVVIS with all pertinent information in its Customer’s possession relative to such claim and (Iiiiii) Alchemy SAVVIS shall have sole control over the settlement or defense of such claim, provided that such settlement is reasonable. B. THE COLLOCATION SPACE IS ACCEPTED "AS IS" BY CUSTOMERCustomer shall defend SAVVIS against any and all claims, cost, expenses or liability (including reasonable attorney’s fees) to the extent arising out of Customer’s use of the Services, or its operation of the Equipment within the Customer Environment. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATION HAS BEEN MADE BY ALCHEMY AS TO THE FITNESS OF THE COLLOCATION SPACE FOR CUSTOMER'S INTENDED PURPOSEThis indemnity and remedy by Customer shall be valid only if (i) SAVVIS gives Customer prompt written notice upon its receipt of any such claim, (ii) SAVVIS provides Customer with all pertinent information in SAVVIS’ possession relative to such claims and (iii) Customer shall have sole control over the settlement or defense of such claim, provided that such settlement is reasonable. C. SAVVIS warrants that (i) the data center where the Customer Environment is located is capable of cooling a heat density of 209 xxxxx per square foot, provided Customer substantially adheres to the layout in the SOW, as altered from time to time by the mutual agreement of the parties, and (ii) the Premises and the Customer Environment are and shall remain for the Term fit for use as an Internet data center. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS ARTICLEAGREEMENT, THERE ARE NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR-AL, ORAL OR WRITTEN, WITH RESPECT TO THE COLLOCATION SPACE CUSTOMER ENVIRONMENT, PREMISES, OR SERVICES COVERED OR FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER. D. Each Party shall be liable to the other for damage to property and death or injury to persons if such damage, THE REMEDIES PROVIDED IN THIS ARTICLE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIESloss or injury is caused by the negligent or willful acts or omissions of such Party, or its officers, employees, servants, agents, affiliates or contractors, or by the malfunction of any Equipment supplied or operated by said Party.

WARRANTIES, REMEDIES AND DISCLAIMERS. A. Alchemy 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 Alchemy's SAVVIS’ own expense, defend Customer against any and all claims 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 Collocation Space used by Customer hereunder infringes Environment, products, Services, or the Connections infringe on any third party's ’s property or ownership rights. Alchemy SAVVIS shall, at Alchemy's SAVVIS’ sole option, either (1i) settle any such claim, (11ii) secure valid rights for Customer's ’s continued use, use or (111iii) furnish equivalent Collocation Space Customer Environment that is not infringing and that can be used to satisfy the original specifications in Alchemy's 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 warranty indemnity and remedy by Alchemy SAVVIS shall be valid only if (i) Customer gives Alchemy SAVVIS prompt written notice upon Customer's its receipt of any such claim, (ii) Customer provides Alchemy SAVVIS with all pertinent information in its Customer’s possession relative to such claim and (Iiiiii) Alchemy SAVVIS shall have sole control over the settlement or defense of such claim, provided that such settlement is reasonable. B. THE COLLOCATION SPACE IS ACCEPTED "AS IS" BY CUSTOMERCustomer shall defend SAVVIS against any and all claims, cost, expenses or liability (including reasonable attorney’s fees) to the extent arising out of Customer’s use of the Services, or its operation of the Equipment within the Customer Environment. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATION HAS BEEN MADE BY ALCHEMY AS TO THE FITNESS OF THE COLLOCATION SPACE FOR CUSTOMER'S INTENDED PURPOSEThis indemnity and remedy by Customer shall be valid only if (i) SAVVIS gives Customer prompt written notice upon its receipt of any such claim, (ii) SAVVIS provides Customer with all pertinent information in SAVVIS’ possession relative to such claims and (iii) Customer shall have sole control over the settlement or defense of such claim, provided that such settlement is reasonable. C. SAVVIS warrants that (i) the data center where the Customer Environment is located is capable of cooling a heat density of 209 xxxxx per square foot, provided Customer substantially adheres to the layout in the SOW, as altered from time to time by the mutual agreement of the parties, and (ii) the Premises and the Customer Environment are and shall remain for the Term fit for use as an Internet data center. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS ARTICLEAGREEMENT, THERE ARE NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR-AL, ORAL OR WRITTEN, WITH RESPECT TO THE COLLOCATION SPACE CUSTOMER ENVIRONMENT, PREMISES, OR SERVICES COVERED OR FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER. D. Each Party shall be liable to the other for damage to property and death or injury to persons if such damage, THE REMEDIES PROVIDED IN THIS ARTICLE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIESloss or injury is caused by the negligent or willful acts or omissions of such Party, or its officers, employees, servants, agents, affiliates or contractors, or by the malfunction of any Equipment supplied or operated by said Party.

WARRANTIES, REMEDIES AND DISCLAIMERS. A. Alchemy 5.1 Co-Location Provider shall, at Alchemy's Co-Location Provider' 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 ownership, intellectual property or proprietary rights. Alchemy Co-Location Provider shall, at Alchemy's Co-Location Provider' sole option, either (1i) settle any such claim, (11ii) secure valid rights for Customer's continued use, use or (111iii) furnish equivalent Collocation Space that is not infringing and that can be used to satisfy the original specifications in Alchemy's determinationspecifications. This warranty and remedy by Alchemy Co-Location Provider shall be valid only if (i) Customer gives Alchemy Co-Location Provider prompt written notice upon Customer's its receipt of any such claim, (ii) Customer provides Alchemy Co-Location Provider with all pertinent information in its Customer's possession relative to such claim and (Iiiiii) Alchemy Co-Location Provider shall have sole control over the settlement or defense of such claim. B. THE COLLOCATION SPACE IS ACCEPTED "AS IS" BY CUSTOMER5.2 Co-Location Provider warrants and represents that: (a) it has the authority to enter this Agreement and that it has the authority to grant the rights specified herein to Customer for the Space. The Customer Equipment shall not be deemed or become a fixture in the Moneyline Site; (b) the Services will be performed in a competent manner by personnel possessing all reasonable skills and experience; and (c) the Moneyline Site shall be maintained in good operating condition and in compliance with all applicable laws and regulations. 5.3 CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATION HAS BEEN MADE BY ALCHEMY CO-LOCATION ROVIDER AS TO THE FITNESS OF THE COLLOCATION SPACE FOR CUSTOMER'S INTENDED PURPOSEPURPOSE OTHER THAN ITS USE AS CURRENTLY CONTEMPLATED IN THIS AGREEMENT. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS ARTICLE, THERE ARE NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR-AL, ORAL OR WRITTEN, WITH RESPECT TO THE COLLOCATION SPACE OR SERVICES COVERED OR FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, THE REMEDIES PROVIDED IN THIS ARTICLE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES.

WARRANTIES, REMEDIES AND DISCLAIMERS. A. Alchemy 7.1 SAVVIS shall, at Alchemy's SAVVIS' 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 ownership, intellectual property or proprietary rights. Alchemy SAVVIS shall, at Alchemy's SAVVIS' sole option, either (1i) settle any such claim, (11ii) secure valid rights for Customer's continued use, use or (111iii) furnish equivalent Collocation Space that is not infringing and that can be used to satisfy the original specifications in Alchemy's determinationspecifications. This warranty and remedy by Alchemy SAVVIS shall be valid only if (i) Customer gives Alchemy SAVVIS prompt written notice upon Customer's its receipt of any such claim, (ii) Customer provides Alchemy SAVVIS with all pertinent information in its Customer's possession relative to such claim and (Iiiiii) Alchemy SAVVIS shall have sole control over the settlement or defense of such claim. B. THE COLLOCATION SPACE IS ACCEPTED "AS IS" BY CUSTOMER7.2 SAVVIS warrants and represents that: (a) it has the authority to enter this Agreement and that it has the authority to grant the rights specified herein to Customer for the Space. The Customer Equipment shall not be deemed or become a fixture in the Premises; (b) the Services will be performed in a competent manner by personnel possessing all reasonable skills and experience; and (c) the Premises shall be maintained in good operating condition and in compliance with all applicable laws and regulations. 7.3 CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATION HAS BEEN MADE BY ALCHEMY SAVVIS AS TO THE FITNESS OF THE COLLOCATION SPACE FOR CUSTOMER'S INTENDED PURPOSEPURPOSE OTHER THAN ITS USE AS CURRENTLY CONTEMPLATED IN THIS AGREEMENT. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS ARTICLE, THERE ARE NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR-AL, ORAL OR WRITTEN, WITH RESPECT TO THE COLLOCATION SPACE OR SERVICES COVERED OR FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, THE REMEDIES PROVIDED IN THIS ARTICLE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES.