Warranty Matters. Buyer is not assuming any liability to perform warranty work for equipment or services provided by Seller to customers prior to the Closing Date. Seller shall be responsible for the cost of supplying warranty service, if any, after the Closing Date related to revenue recognized by Seller prior to the Closing. Because (i) Seller will not have the necessary resources to perform such warranty service after the Closing, (ii) performing such warranty service in a satisfactory manner is necessary in order to maintain a satisfactory customer relationship between the customer and Buyer following the Closing, (iii) the cost of performing such warranty service cannot be determined until the warranty service period is completed, and (iv) if Seller was unable or unwilling to ensure that such warranty service was provided such could result in a material adverse effect on Buyer’s relationship with a customer following the Closing, Buyer and Seller agree as follows:
Warranty Matters. None of the Business Products manufactured, sold, leased, licensed or delivered by Seller is subject to any guaranty, warranty, right of return, right of credit or other indemnity other than (i) the applicable standard terms and conditions of sale or lease of the Business, which are set forth in Section 2.24 of the Disclosure Schedule, (ii) manufacturers’ warranties for which the Business has no liability or (iii) warranties imposed by applicable law. The reserves for Warranty Obligations reflected on the Most Recent Balance Sheet are reasonable in amount, are consistent with the past practice of Seller with respect to the Business. Section 2.24 of the Disclosure Schedule sets forth the aggregate expenses incurred by Seller in fulfilling its obligations under its guaranty, warranty, right of return and indemnity provisions with respect to the Business during each of the fiscal years and the interim period covered by the Financial Statements.
Warranty Matters. There have not been any warranty claims made against Vendor in respect of its business or sales of miners or for which Vendor was responsible in the 24 months prior to the date hereof.
Warranty Matters. Party B warrants to assume full responsibility for the safety of study drugs and materials provided for the Trial. Party B shall bear full liability for the death, injury, or other harm of the Trial Subjects, Party A, or Party A’s personnel resulting from the application of the study drugs or materials of the Trial when Party A’s Investigator and the relevant personnel of the Trial have conducted the Trial in accordance with the prescribed Protocol procedures. However, if such harm is partially due to Party A’s or Party A’s personnel’s negligence or willful misconduct, the Parties shall bear respective responsibility proportionately. If such harm is solely due to Party A’s or Party A’s personnel’s negligence or willful misconduct, Party A or Party A’s personnel shall bear full responsibility. When either Party has disputes or litigation with Trial Subjects or related trial personnel and there is possibility of settlement, said Party shall notify the other Party and obtain the other Party’s written consent to the contents of settlement. 十、試驗之執行、中止及終止 試驗主持人及甲方應依經乙方、人體試驗委員會及主管機關同意之試驗計畫書執行本試 驗。乙方應提供主持人手冊，其中必須包括研究用藥品的物理化學性質、藥劑學特性、動物及人體上的毒性及安全性、藥物動態學、藥效動力學資料，及既有之臨床試驗資料。甲 方檢討資料後，在尊重受試者之意願，並評估受試者之症狀兼顧健康管理原則下進行本試驗。 試驗中，甲方發現受試者有不良反應而無法繼續試驗或不良反應可能出現而認為有停止試驗之必要時，應立即中止試驗並通知乙方。 經人體試驗委員會依法令規定終止或暫停試驗者，甲方得以書面終止本協議。 乙方得不附理由於十日前以書面終止本協議。乙方得基於安全考量，或依相關法令規定，以書面通知甲方中止試驗。 本試驗如提前終止，乙方應就已執行之工作支付費用，任何已由乙方事先核准且正當產生無法取消之費用亦同。
Warranty Matters. Teclab’s standard published warranties in effect at the time of shipment applies to all goods manufactured by Teclab. Components purchased and resold without further processing by Teclab are not covered by Xxxxxx’s war- ranty, but Teclab will pass on to the customer whatever warranty Teclab receives from the manufacturer of such goods. THESE WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PAR- TICULAR PURPOSE. DAMAGE LIMITATION The liability of Teclab arising out of the sale or use of the goods, whether based on negligence, breach of con- tract, strict liability or otherwise, shall not in any event exceed the original purchase price of the goods. Under no circumstances shall Teclab be liable for any lost profits or any incidental or consequential damages of any kind with respect to its goods or the transactions by which its goods are sold.
Warranty Matters. DRAFT {company_name} warrants that its Services shall be performed consistent with applicable industry standards. No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverable, work product, document or otherwise. Furthermore, no guarantee is made as to the efficacy or value of any services performed. THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY {company_name} CONCERNING THE SERVICES AND RELATED WORK PRODUCT. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR OTHERWISE
Warranty Matters. 1. Supply Agreement (Accessories) dated December 19, 2008 by and between Vizio,Inc and ASI Holdings Ltd.
Warranty Matters. Except as provided herein, all warranty matters are addressed in the Distribution Agreement. SSI and its Subsidiaries will have sole responsibility for determining eligibility of a Co-branded Product for warranty service by SSI or its Subsidiaries and SSI Level 3 Support on a Co-branded Product unit serial number basis.
Warranty Matters. (a) Seller agrees to indemnify Purchaser and all Purchaser Indemnified Parties for each customer home warranty Claim, or aggregate customer home warranty Claims with respect to (i) the same home or (ii) a group of homes in which each has a Claim established on the same set of facts, including an "eifs" or "synthetic stucco" Claim, in excess of $25,000 asserted by any customer or group of customers (as the case may be), until eighteen months from the anniversary of the Closing Date (regardless of when paid) with respect to any homes closed with customers on or before the Closing Date; provided, however, that (v) acts constituting fraud or willful or intentional misrepresentation shall not be applied to the $25,000 threshold, (x) Seller shall only be obligated to make indemnity payments hereunder to the extent that Purchaser has made warranty payments with respect to such Claims in excess of the reserve for warranty Claims set forth on the Financial Statements, (y) except for acts constituting fraud or willful or intentional misrepresentation, in no event shall Seller be obligated to make payments to Purchaser hereunder in an aggregate amount in excess of $500,000, and (z) all Liability relating to or arising out of the Lakeridge Litigation shall be indemnified pursuant to Article VIII. Purchaser and Seller agree that, except in the case of fraud or willful or intentional misrepresentation and notwithstanding anything to the contrary in this Agreement, indemnification pursuant to this Section shall be the sole remedy of Purchaser for a breach of the first sentence of the representation and warranty set forth in Section 2.27. The Parties agree that for purposes of this Section any like kind repairs or similar credits issued by Purchaser in satisfaction of any warranty Claims shall be treated as cash payments by Purchaser based on the fair value of each such repair or credit.
Warranty Matters. Each product sold, leased, licensed or delivered by any Novoste Group Member has been in material conformity with all applicable product specifications and contractual commitments and all express warranties. No Novoste Group Member has any Liability, individually or in the aggregate (and to the Knowledge of Novoste, there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand giving rise to any Liability) for replacement or repair thereof or other damages in connection therewith. Schedule 4.10 includes copies of the standard terms and conditions of sale of each Novoste Group Member (containing applicable warranty and indemnity provisions). No product sold, leased, licensed or delivered by any Novoste Group Member is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale and such other indemnities and warranties disclosed on Schedule 4.10. Except as set forth on Schedule 4.10, there are no existing or, to the Knowledge of Novoste, threatened product liability, warranty, failure to adequately warn or other similar claims against any Novoste Group Member relating to or involving the products sold, leased, licensed or delivered by any Novoste Group Member. There are no statements, citations, correspondence or decisions by any Governmental Entity stating that any product sold, leased, licensed or delivered by any Novoste Group Member is defective or unsafe or fails to meet any product warranty or any standards promulgated by any such Governmental Entity. There have been no notices of recall served on any Novoste Group Member by any Governmental Entity with respect to any product sold, leased, licensed or delivered by any Novoste Group Member. Except as set forth on Schedule 4.10, to the Knowledge of Novoste, there is no (i) fact relating to any product sold, leased, licensed or delivered by any Novoste Group Member that would impose upon any Novoste Group Member a duty to recall any such product or a duty to warn customers of a defect in any such product or (ii) latent or overt design, manufacturing or other defect in any such product. No notice of claim has been served against any Novoste Group Member for material renegotiation or price redetermination of any business transaction relating to the business of any Novoste Group Member, and, to the Knowledge of Novoste, there are no facts upon which any such claim could reasonably be base...
