Common use of Warranty; Limitation of Liability Clause in Contracts

Warranty; Limitation of Liability. 7.1. The Crown Entities warrant that the R&D Services shall be performed in a workmanlike manner. In the case of any work which is not in compliance with this warranty that is brought to its attention within a commercially reasonable time, but no more than 90 days, after the work is performed, the Crown Entities agree (i) to refund to Constar, Inc. any charges for services or materials pertaining to such work or (ii) to re-perform the work. OTHER THAN THE ABOVE WARRANTY, THE CROWN ENTITIES MAKE NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND THE CROWN ENTITIES SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE R&D SERVICES. THE CROWN ENTITIES SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. 7.2. Subject to the above provisions, Constar, Inc. shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. 7.3. The Crown Entities shall not be liable for, and Constar, Inc. assumes responsibility for, all personal injury and property damage resulting from the provision of R&D Services hereunder, except to the extent any such personal injury or property damage results from the willful misconduct of the Crown Entities.

Appears in 4 contracts

Samples: Research and Development Agreement (Constar Inc), Research and Development Agreement (Constar International Inc), Research and Development Agreement (Constar International Inc)

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Warranty; Limitation of Liability. 7.1. The Crown Entities warrant that the R&D Services shall be performed in a workmanlike manner. In the case of any work which is not in compliance with this warranty that is brought to its attention within a commercially reasonable time, but no more than 90 days, after the work is performed, the Crown Entities agree (i) to refund to Constar, Inc. Constar any charges for services or materials pertaining to such work or (ii) to re-perform the work. OTHER THAN THE ABOVE WARRANTY, THE CROWN ENTITIES MAKE NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND THE CROWN ENTITIES SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE R&D SERVICES. THE CROWN ENTITIES SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. 7.2. Subject to the above provisions, Constar, Inc. Constar shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. 7.3. The Crown Entities shall not be liable for, and Constar, Inc. Constar assumes responsibility for, all personal injury and property damage resulting from the provision of R&D Services hereunder, except to the extent any such personal injury or property damage results from the willful misconduct of the Crown Entities.

Appears in 1 contract

Samples: Research and Development (Constar International Inc)

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