WARRANTY AND ACCEPTANCE. 5.1 FabVen warrants that the Products delivered will be free from defects in material and workmanship for a period of sixty days following delivery by FabVen, and will be processed according to FabVen standard processing specifications as well as in accordance with any additional processing requirements for such Products as may be agreed-upon in writing by FabVen and the Venturer. FabVen warrants that the Venturer will acquire good title to the Products fee and clear of all liens, claims and encumbrances (other than liens, claims and encumbrances relating to alleged intellectual property infringement).
WARRANTY AND ACCEPTANCE. All Services will be accepted upon delivery. Each Product will be deemed accepted by Customer upon delivery to Customer. MEDecision warrants that, on the initial Product and/or Services delivery, and for a period of [***] thereafter, the Product and/or Services will substantially conform in all material respects with its Documentation. Customer may test the Products for up to [***] from receipt of the Product to determine whether it performs in accordance with the applicable Documentation. Customer may notify MEDecision in writing of its intent to terminate the license for a non- conforming Product during this period. Upon receipt of this notice, MEDecision will have a reasonable period of time to cure the non-conformance but such cure period shall not exceed [***]. If MEDecision is unable to cure the non-conformance, Customer may terminate the license for such non-conforming Product, and will immediately cease using such Product. The license will be considered terminated with regard to such non-conforming Products and Customer’s sole remedy will be for MEDecision to refund any prepaid but unused License Fees and Customer will have no further financial obligations for the non-conforming Products, including any financial obligation for fees which are invoiced in arrears such as any annual ASP Hardware and Software Fees, annual Support Fees, annual ASP Hosting Fees, or other service or Support fees as set forth on a Schedule or SOW.
WARRANTY AND ACCEPTANCE. Each Product will be deemed accepted by Customer upon delivery to Customer. MEDecision warrants that, on the initial Product delivery, and for a period of [***] thereafter, the Product will substantially conform in all material respects with its Documentation. Customer may test the Products for up to [***] from receipt of the Product to determine whether it performs in accordance with the applicable Documentation. Customer may notify MEDecision in writing of its intent to return a Product for non-conformance during this period. Upon receipt of this notice, MEDecision will have a reasonable period of time to cure the non-conformance. If MEDecision is unable to cure the non-conformance, Customer may return the non-conforming Product, and will immediately cease using such Product. The license will be considered terminated with regard to the returned Products and Customer’s sole remedy will be for MEDecision to refund license fees paid, if any, for returned Products.
WARRANTY AND ACCEPTANCE. Licensee hereby warrants the accuracy of the representations made in this agreement. Licensee agrees to publish the Property only in accordance with the terms of this agreement and to comply with all its terms. Licensee agrees that each permission is for one-time use, and any further or subsequent use of the Property is subject to the execution of an additional permission agreement. Licensee further agrees that it shall not alter the Property without the express written permission of YPM.
WARRANTY AND ACCEPTANCE. Subscription Services and Services are deemed to be accepted by Partner upon delivery. eXo warrants that the Subscription Services and Services will be performed in a workmanlike manner and shall conform to standards of the industry. In case of breach of the foregoing warranty, Partner’s sole remedy and eXo’s sole obligation will be for eXo to re-perform the defective Services or Subscription Services.
WARRANTY AND ACCEPTANCE. (a) The Hirer acknowledges that Accessman has entered into this Agreement on the basis of information supplied to Accessman by the Hirer and the Hirer warrants that the information supplied is accurate and complete.
WARRANTY AND ACCEPTANCE. Unless otherwise notified by Customer, each Product will be deemed accepted for purposes of payment upon delivery to Customer. Notwithstanding the foregoing, or anything to the contrary, MEDecision warrants that, on the initial Product delivery, and for a period of [***] thereafter (the “Warranty Period”), the Product will substantially conform in all material respects with its Documentation. Customer may test each Product during the Warranty Period to determine whether it performs in accordance with its Documentation. Customer may notify MEDecision in writing of its intent to return any Product for non-conformance during this period. Upon receipt of this notice, MEDecision will have a reasonable period of time to cure the non-conformance. If MEDecision is unable to cure the non-conformance within such reasonable period of time, Customer may return the non-conforming Product, and, upon any such return, will immediately cease using such Product. The License will be considered terminated with regard to the returned Products. MEDecision will promptly refund the full amount of the license fees paid, if any, for returned Products.
WARRANTY AND ACCEPTANCE. A. The Contractor represents and warrants that the Services will be performed in a workmanlike and professional manner consistent with the professional standard of care associated with such services and that all Services, materials and reports prepared by the Contractor will be accurate, current, complete and consistent with the requirements set forth in the Proposal, this Agreement and any project specifications, drawings and correspondence. In the event that the Services furnished by Contractor do not meet the foregoing standards of care and/or the terms of this Agreement, Contractor will re-perform such Services at no cost to Company, provided that Company notifies Contractor, in writing, of such deficiency within a period of one year from the date such Services were accepted by the Company.
WARRANTY AND ACCEPTANCE. 9.1 Sanyo warrants that Wafers and/or Devices delivered hereunder will meet the mutually agreed Specifications and shall be free from defects in material and workmanship under normal use and service for a period of one (1) year from the date of receipt from Sanyo's facility. If, during such one year period (i) Sanyo is notified with reasonable promptness in writing upon discovery of any defect in the Wafers and/or Devices, including a reasonably detailed description of such defect; (ii) and when physically available such Wafers and/or Devices are returned to Sanyo's facility, transportation prepaid; and (iii) Sanyo's reasonable examination of such Wafers and/or Devices discloses that such Wafers and/or Devices are defective and such defects are not caused by accident, abuse, misuse, neglect, improper installation, repair or alteration not authorized by Xicor, improper testing or use contrary to any reasonable instructions issued by Xicor, then within a reasonable time Sanyo shall, as mutually agreed, either repair, replace, or credit Xicor for such Wafers and/or Devices. Sanyo shall reimburse Xicor for the return transportation charges paid by Xicor for such Wafers and/or Devices. Sanyo shall return any Wafers and/or Devices repaired or replaced under this warranty to Xicor transportation prepaid. If replacement of any Wafer and/or Device is not practical, then Sanyo shall issue a credit to Xicor for the price paid by Xicor for the defective Wafers. The performance of this warranty does not extend the warranty period applicable to the Wafers and/or Devices originally delivered.
WARRANTY AND ACCEPTANCE. 7.1 Sony warrants and represents that Customer will acquire good title to the Products free and clear of all claims, liens and encumbrances.
