Warranty and Representations. 13.1 As an essential term of this Agreement, each party hereby warrants and represents to the other party that it is entitled to disclose to and license the other party to xxx its Confidential Information, Improvement Inventions, and Patents under the terms of this Agreement without violating the trade secret or contractual rights of any third party.
Warranty and Representations. 9.1 BZ will carry out the Contract with reasonable skill and care and where Goods or Services supplied by BZ are proved to be defective within six months of delivery due solely to defective materials or defective workmanship then BZ at its discretion shall (a) replace such Goods or offer to re-perform the relevant Services without charge as the case may be or (b) allow the Purchaser a reasonable credit in respect of such Goods or Services.
Warranty and Representations. 12.1 As an essential term of this Agreement, each party hereby warrants and represents to the other party that it is entitled to disclose to and license the other party to use its Confidential Information, Improvement Inventions, and Patents under the terms of this Agreement without violating the trade secret or contractual rights of any third party. EXCEPT AS SET FORTH IN SECTION 12.1 OR AS OTHERWISE SPECIFICALLY STATED HEREIN, THE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE, PATENT VALIDITY, OR NON-INFRINGEMENT OF A THIRD-PARTY PATENT OF OTHER INTELLECTUAL PROPERTY RIGHTS REGARDING THE USE OR COMMERCIALIZATION OF PRODUCT, CONFIDENTIAL INFORMATION, IMPROVEMENT INVENTIONS, OR PATENTS.
Warranty and Representations. Licensor warrants and represents that it has the legal right to grant the license set forth herein.
Warranty and Representations. Buyer represents that it has inspected the timber included in this Contract, is satisfied therewith, and enters into this Contract upon their own knowledge and information and not upon nor as a result of any inducement or representation of Seller, or any representative of Seller. Buyer shall not discriminate against disadvantaged minority, women or emerging small business enterprises, or a business enterprise that is owned or controlled by or that employs a disabled veteran, in the awarding of subcontracts, as required by ORS 279A.110. Seller warrants that it is the owner of timber sold hereunder and has the right to sell it free and clear of all encumbrances that would substantially interfere with the rights of Buyer, and Xxxxxx will defend the title to and the right to remove the timber against the claims of all persons. Notwithstanding the foregoing, the parties agree that, should the harvest of the timber sold hereunder be impeded or prevented due to Federal and/or State laws and rules and regulations pursuant thereto regarding environmental matters and/or threatened and endangered species, Seller has the exclusive right to either eliminate from this Contract such timber or substitute other timber of substantially equal quality and volume.
Warranty and Representations. (a) Company’s Disclaimer of Express and/or Implied Warranties. CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTEES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING, OR WITH RESPECT TO THE COMPANY’S OBLIGATIONS, SERVICES AND/OR THE EQUIPMENT. CUSTOMER ACKNOWLEDGES THAT THERE IS NO WARRANTY IMPLIED BY LAW, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE IMPLIED WARRANTY OF CUSTOM OR USAGE. CUSTOMER FURTHER ACKNOWLEDGES IN NO EVENT DOES COMPANY WARRANT AND/OR GUARANTY TO THE CUSTOMER THAT THE ELECTRICAL SERVICES TO THE RESIDENTIAL PROPERTY WILL BE UNINTERRUPTED OR THAT THE INSTALLATION OF THE EQUIPMENT AND PROVISION OF SERVICES PROVIDED HEREUNDER WILL AVERT OR PREVENT THE INTERRUPTION OF ELECTRIC SERVICES.
Warranty and Representations. 5.1 You represent and warrant that you and the Representative, will perform all activities relating to the Services:
Warranty and Representations. The Subcontractor represents and warrants that all materials, labor and/or systems furnished by the Subcontractor in connection with the construction of all homes built by the Contractor shall be free of defect for a period of one year for workmanship and systems for two years. If a defect of material or workmanship occurs within the oneyear period or systems for two years, the Contractor will notify the Subcontractor of such defect and upon receipt of such notice, the Subcontractor shall immediately, at its expense, act to satisfactorily repair and/or replace the defective material and/or workmanship and/or systems. The Subcontractor will to the extent called upon by the Contractor participate in, at the Subcontractor’s own expense the conciliation and arbitration mechanisms established under any homeowners warranty program of the Contractor as such conciliation and arbitration related to materials and/or labor furnished by the Subcontractor.
Warranty and Representations. (a) Gliatech hereby expressly warrants and represents to Distributor that all Products purchased by Distributor pursuant to this Agreement have been approved for sale and use in the Territory and shall be free from defects in materials and workmanship. Gliatech agrees to indemnify, defend and hold Distributor harmless against all claims, actions, suits, losses, damages and expenses in respect of claims made by third parties alleging personal injury or death resulting from use of the Product; PROVIDED, HOWEVER, that Gliatech shall not be liable to Distributor for any claim by Distributor for loss of profits, or for special, incidental or consequential damages owing to any defect in the Products, whether caused by Gliatech's negligence or otherwise. Notwithstanding anything to the contrary herein, Gliatech shall not indemnify or defend Distributor or hold Distributor harmless against any claim, action, suit, loss, damages or expenses in respect of claims arising out of any wrongful act, by Distributor, including any breach of this Agreement.
Warranty and Representations. Kodak and FED each represent and warrant that:
