Warranty by Customer. The Customer warrants that use by Flender of any design materials, documents and methods of working provided or directed by the Customer to enable Flender to perform work under the Agreement, will not cause Flender to infringe any third party’s intellectual property rights and the Customer will indemnify Flender upon request for any loss or damage incurred by Flender in connection with such infringement.
Warranty by Customer. Customer warrants to Gurock that Customer shall not (i) use the SaaS Service to process, store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to process, store or transmit material in violation of third- party privacy rights, (ii) use the SaaS Service to transmit advertisements, viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs, or (iii) attempt to gain authorized access to the SaaS Service, the Licensed Software or the related systems or networks used to maintain the SaaS Service.
Warranty by Customer. Customer represents and warrants that (a) it has all the necessary right and authority to allow for the recording of all data and information, including Customer Data, disclosed, provided to or retrieved by either ProSight or the Third Party Providers in connection with the Services, (b) in making such disclosure, Customer has complied with all applicable laws and regulations regarding such disclosures and (c) all data and information disclosed or provided to ProSight or the Third Party Providers in connection with this Agreement shall comply with all applicable laws and will not infringe upon the copyright, trade secret, privacy, publicity or other rights or any third party; and (d) Customer will not disclose such data or information to any third party unless Customer has all necessary right and authority to make such disclosure. WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CUSTOMER AGREES AND ACKNOWLEDGES THAT ALL EQUIPMENT, SERVICES AND/OR OTHER MATERIALS PROVIDED HEREUNDER BY PROSIGHT TO CUSTOMER ARE PROVIDED ON AN “AS IS” BASIS AND PROSIGHT HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES MADE BY THE THIRD PARTY PROVIDERS. PROSIGHT MAKES NO WARRANTIES THAT THE SERVICES WILL CAPTURE ALL EVENTS OR DATA OR THAT THE SERVICES WILL BE CONTINUOUS, UNINTERRUPT- ED, ERROR FREE OR RESULT IN THE ACHIEVEMENT OF ANY SPECIFIC RESULT OR OUTCOME. FURTHER, PROSIGHT MAKES NO WARRANTY THAT USE OF THE SERVICES AS CONTEMPLATED BY CUSTOMER WILL COMPLY WITH ALL APPLICABLE LAWS. AUTHORIZED INFORMATION: Customer Authorized Signature: Date: / / Print Name: Title: Company: Address: City: State: Zip: Phone: Ext. Email: ProSight Specialty Insurance Solutions Authorized Signature: Date: / / Print Name: Title: Address: City: State: Zip: Phone: Ext. Email: SmartDrive Systems, Inc. Authorized Signature: Date: / / Print Name: Title: Address: City: State: Zip:
Warranty by Customer. Customer represents and warrants to Company that the aggregate peak demand of all of Customer’s ESI IDs is under 50 kW at all times in the most recent 12 months or that the ESI ID(s) to be served by this Agreement are classified as residential meters by the TDU. In the event that the peak demand of all non- residential meters has exceeded 50 kW at any time in the past 12 months, Company may either: (i) provide Customer with a new Agreement and Price, which Customer can either accept or reject within 14 days of the date Company notifies Customer of such proposed new Agreement and Price; or (ii) terminate this Agreement upon 14 days written notice to Customer and move Customer to a Variable product. If Company sends a new Agreement and Price to Customer and Customer rejects such proposed new Agreement and Price, Company may terminate this Agreement upon 14 days written notice to Customer and move Customer to a Variable Product. Nothing herein shall relieve Customer of its obligation to pay Company for any Services provided to Customer.
Warranty by Customer. Customer warrants that it owns all right, title, and interest in and all data and information, and any specifications, design requirements, or other information furnished by Customer to ChemWare in connection with ChemWare’ performance of the Services, or to the extent that Customer does not have such ownership rights Customer warrants it shall have obtained all rights required for ChemWare to make use of the data and information, prior to providing such other data and information to ChemWare. PARAGRAPH 9
Warranty by Customer. Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Flextronics.
Warranty by Customer. Customer warrants to Gurock that Customer shall not (i) use the Licensed Software to process, store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to process, store or transmit material in violation of third- party privacy rights, (ii) use the Licensed Software to transmit advertisements, viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs, or (iii) attempt to gain authorized access to the Licensed Software.
Warranty by Customer. Customer warrants to Testmo that Customer shall not (i) use the SaaS Service to process, store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to process, store or transmit material in violation of third-party privacy rights, (ii) use the SaaS Service to process, store or transmit Personal Data except as necessary to comply with Registration or Customer’s payment obligations, (iii) use the SaaS Service to transmit advertisements, viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs, or (iv) attempt to gain unauthorized access to the SaaS Service, the Licensed Software or the related systems or networks used to maintain the SaaS Service.
Warranty by Customer. Customer warrants to Kiuwan that Customer shall not (i) use the Licensed Software to process, store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to process, store or transmit material in violation of third- party privacy rights, (ii) use the Licensed Software to transmit advertisements, viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs, or (iii) attempt to gain authorized access to the Licensed Software.
Warranty by Customer. Customer represents and warrants to Company that: (i) the signatory below is duly authorized to execute this CESA and such action does not violate any governing document or charter of Company; (ii) that Company is not aware of any current, potential or threatened litigation or voluntary or involuntary bankruptcy proceeding threatened against it; and (iii) the aggregate peak demand of all Customer Facilities exceeds 50 kW for the most recent 12 months and will continue to exceed 50 kW during the Initial Term or any Holdover Term and that none of the Customer Facilities to be served by this CESA are classified as residential meters by the TDU. In the event that the aggregate peak demand of Customer Facilities has not exceeded 50 kW at any time in the past 12 months, Company may either: (i) provide Customer with a new CESA and Price, which Customer must reject within 14 days of the date Company notifies Customer of such proposed new CESA and Price; or (ii) declare a Customer Event of Default and terminate this CESA as provided above. If Customer rejects the proposed new CESA and Price within 14 days of receipt, this CESA will terminate as of the date of such rejection and a Customer Event of Default will be deemed to have occurred, giving Company the right to terminate as set forth under the section entitled “Company’s Right to Terminate”. Any Early Termination Fee will be based on the Price in effect as if Company had not issued any new Price. Nothing herein shall relieve Customer of its obligation to pay Company for any amounts which are due to Company under this CESA.
