Warranty and Disclaimer of Warranties. Lessor warrants to Lessee that, so long as Lessee is not in default, Lessor will not disturb Lessee's quiet and peaceful possession, and unrestricted use of the Equipment. To the extent permitted by the manufacturer, Lessor assigns to Lessee during the term of the Summary Equipment Schedule any manufacturer's warranties for the Equipment. LESSOR MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR A PARTICULAR PURPOSE. Lessor is not responsible for any liability, claim, loss, damage or expense of any kind (including strict liability in tort) caused by the Equipment except for any loss or damage caused by the willful misconduct or negligent acts of Lessor. In no event is Lessor responsible for special, incidental or consequential damages.
Warranty and Disclaimer of Warranties. Lessor warrants to Lessee that, so long as Lessee is not in default, Lessor will not disturb Lessee's quiet and peaceful possession, and unrestricted use of the Equipment. To the extent permitted by the manufacturer, Lessor assigns to Lessee during the term of the Schedule any manufacturer's warranties for the Equipment. LESSOR MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR A PARTICULAR PURPOSE. Lessor is not responsible for any liability, claim, loss, damage or expense of any kind (including strict liability in tort) caused by the Equipment except for any loss or damage caused by the negligent acts of Lessor. In no event is Lessor responsible for special, incidental or consequential damages. Title and Assignment.
Warranty and Disclaimer of Warranties. First Sentence, line 2, delete the words "Lessee is not in default" and insert "no Event of Default has occurred and is continuing, neither Lessor nor any person or entity claiming by or through Lessor".
Warranty and Disclaimer of Warranties. Lessor warrants to Lessee that, so long as Lessee shall not be in default of any of the provisions of the applicable Equipment Schedule, neither owner, Lessor, nor any assignee or secured party of Lessor will disturb Lessee's quiet and peaceful possession of the Equipment and Lessee's unrestricted use thereof for its intended purpose. LESSOR MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN OR CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS OR CAPACITY OR DURABILITY FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE EQUIPMENT OR CONFORMITY OF THE EQUIPMENT TO THE PROVISIONS AND SPECIFICATIONS OF ANY PURCHASE ORDER OR ORDERS RELATING THERETO AND, AS TO LESSOR, LESSEE LEASES THE EQUIPMENT "AS IS". Lessor shall not be liable, to any extent whatever, for the selection, quality, condition, merchantability, suitability, fitness, operation or performance of the Equipment. Without limiting the generality of the foregoing, Lessor shall not be liable to Lessee for any liability, claim, loss, damage or expense of any kind or nature (including strict liability in tort) caused, directly or indirectly, by the Equipment or any inadequacy thereof for any purpose, or any deficiency or defect therein, or the use or maintenance thereof, or any repairs, servicing or adjustments thereto; or any delay in providing or failure to provide any part thereof, or any interruption or loss of service or use thereof, or any loss of business, or any damage whatsoever and howsoever caused except for any such loss or damage caused by the wilful misconduct of Lessor, or its agents and representatives. Lessor hereby appoints Lessee as Lessor's agent to assert, during the term of the applicable Equipment Schedule, any right Lessor may have to enforce the manufacturer's warranties, if any; provided, however, that Lessee shall indemnify and hold Lessor or its assignee harmless from and against any and all claims, costs, expenses, damages, losses and liabilities incurred or suffered by Lessor as a result of or incident to any action by Lessee in connection therewith.
Warranty and Disclaimer of Warranties. (a) Medic represents that for a period of ninety (90) days from the installation of the Software, the Software will (i) conform, as to all substantial operational features, to Medic's documentation provided with the Software when installed and properly used in the operating environment specified in such documentation and (ii) be free of defects under normal use which substantially affect system performance. Medic does not represent that the functions contained in the Software will meet Client's requirements or that the operation of the Software will be uninterrupted or error free.
Warranty and Disclaimer of Warranties. NetWolves warrants to Customer that, so long as Customer is not in default, NetWolves will not disturb Customer's quiet and peaceful possession, and unrestricted use of the Products. During the term of the Schedule, NetWolves grants to Customer all applicable warranties for the Products. NetWolves assigns to Customer during the term of the Schedule any manufacturer's warranties for the Products. NetWolves is not responsible for any liability, claim, loss, damage or expense of any kind (including strict liability in tort) caused by the Products except for any loss or damage caused by the negligent acts of NetWolves. UNDER NO CIRCUMSTANCES, WILL NETWOLVES BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Warranty and Disclaimer of Warranties. Each party warrants that it had the authority to enter into this Blanket Agreement and to lawfully perform its obligations hereunder. No warranties of any kind are given by either party with respect to the accuracy or completeness of the Confidential Information disclosed pursuant to this Blanket Agreement or any use thereof.
Warranty and Disclaimer of Warranties. THE MANAGED INFRASTRUCTURE AND SERVICE IS PROVIDED “AS IS.” EMERGYS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO CLIENT OR TO ANY OTHER PERSON OR ENTITY WITH RESPECT TO THE MANAGED INFRASTRUCTURE AND SERVICE HEREUNDER, AND EMERGYS DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE MANAGED INFRASTRUCTURE AND SERVICE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE . EMERGYS DOES NOT WARRANT THAT THE MANAGED INFRASTRUCTURE AND SERVICE WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE MANNER. CLIENT ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CLIENT’S PRIVACY, CONFIDENTIAL INFORMATION, AND PROPERTY. EMERGYS DOES NOT PROVIDE ANY WARRANTY FOR MANUFACTURER, SUPPLIER, PROVIDER, ARCHITECTURE, TYPE, OR VERSION OF INFRASTRUCTURE HARDWARE AND SOFTWARE, INCLUDING WITHOUT LIMITATION SERVER, NETWORK, STORAGE, FIREWALL, LOAD BALANCER OR OPERATING SYSTEM, AND EMERGYS MAY FROM TIME TO TIME FACILITATE FOR CLIENT’S PURCHASE OR LICENSE OF THIRD PARTY SOFTWARE, SERVICES, AND OTHER PRODUCTS NOT INCLUDED AS PART OF THE MANAGED INFRASTRUCTURE AND SERVICE, AND/OR MAY INSTALL, MAINTAIN OR CONFIGURE THOSE THIRD PARTY PRODUCT OR SERVICES FOR THE CLIENT. EMERGYS MAKES NO REPRESENTATIONS OR WARRANTY WHATSOEVER REGARDING SUCH THIRD PARTY PRODUCTS AND RELATED SERVICES MENTIONED HEREIN. AS BETWEEN EMERGYS AND CLIENT SUCH THIRD PARTY SERVICES AND RELATED SERVICES ARE PROVIDED ON "AS IS" BASIS.
Warranty and Disclaimer of Warranties. Monsanto warrants that the Monsanto Technologies licensed hereunder will perform as set forth in the TUG when used in accordance with directions. This warranty applies only to Monsanto Technologies contained in planting Seed existing Monsanto Technologies, including any additions or deletions to the U.S. patents licensed under this agreement, and any new terms will be mailed to you each year. Continuing use of Monsanto Technologies after receipt of any new terms constitutes Grower’s agreement to be bound by the new terms. If any provision of this Agreement is determined to be void or unenforceable, the remaining provisions shall remain in full force and effect. GROWER RECEIVES FROM MONSANTO COMPANY: • A limited use license to purchase and plant seed containing Monsanto Technologies (“Seed”) and apply Roundup agricultural herbicides and other authorized non-selective herbicides over the top of Roundup Ready crops. Monsanto retains ownership of the Monsanto Technologies including the genes (for example, the Roundup Ready gene) and the gene technologies. Grower receives the right to use the Monsanto Technologies subject to the conditions specified in this Agreement and for spring canola in a separate use agreement. • Monsanto Technologies are protected under U.S. patent law. Monsanto licenses the Grower, under applicable patents owned or licensed by Monsanto, to use Monsanto Technologies subject to the conditions listed in this Agreement. This license does not authorize Grower to plant Seed in the United States that has been purchased in another country or plant Seed in another country that has been purchased in the United States. Grower is not authorized to transfer Seed to anyone outside of the U.S. YieldGard corn sections of the most recent Technology Use Guide (TUG) and Insect Resistance Management (IRM) guides and to cooperate and comply with Insect Resistance Management programs. • To use Seed containing Monsanto Technologies solely for planting a single commercial crop. Not to save any crop produced from Seed for planting and not to supply Seed produced from Seed to anyone for planting other than to a Monsanto licensed seed company. • Not to transfer any Seed containing patented Monsanto Technologies to any other person or entity for planting. • To plant Seed for Seed production, if and only if, Grower has entered into a valid, written Seed production agreement with a Seed company that is licensed by Monsanto to produce Seed. Grower must either physica...
Warranty and Disclaimer of Warranties. After the second sentence, insert "To the extent they are not assignable, Lessor hereby appoints Lessee its agent solely for the purposes of asserting from time to time in the name of Lessor but for the benefit of Lessee, at Lessee's expense, any such warranty. In the event Lessee is unable to pursue any claim or right hereunder, Lessor will, at Lessee's cost, enforce such claims or rights as directed from time to time by Lessee.
