Xxxxxxx Warranties a. The Custodian represents and warrants that it is the owner of and/or has the right to grant access to each System and to provide the Remote Access Services contemplated herein. Except as set forth in the Contract, the System and Remote Access Services are provided “AS IS” without warranty express or implied including as to availability of the System, and the Fund and its Authorized Designees shall be solely responsible for the use of the System and Remote Access Services and investment decisions, results obtained, regulatory reports and statements produced using the Remote Access Services.
b. EXCEPT AS EXPRESSLY SET FORTH IN THE CONTRACT, THE CUSTODIAN, FOR ITSELF AND ITS RELEVANT LICENSORS AND THIRD-PARTY VENDORS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SYSTEM AND THE REMOTE ACCESS SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Xxxxxxx Warranties. Xxxxxxx warrants to Genmab that it has the appropriate skills, expertise and resources to perform its obligations as contemplated under this Agreement in compliance with all applicable Laws.
Xxxxxxx Warranties. (a) Baxter warrants that it owns, controls or has licenses to its Intellectual Property. Baxter warrants that, to the best of its knowledge, none of Xxxxxx’x Intellectual Property covering Product provided to Accentia under this Agreement is invalid or unenforceable.
(b) Baxter warrants that any Product when delivered by it to Accentia hereunder will be, and will have been, manufactured, packaged and labeled stored, handled and transported in accordance with (i) the applicable laws and regulations of the Regulatory Authorities of the various countries within the Territory where the Product is manufactured and (ii) any applicable cGMP laws, regulations and guidelines of any country in the Territory and of the country where the Product is manufactured.
Xxxxxxx Warranties. Xxxxxxx warrants and represents to the Town:
x. Xxxxxxx shall comply with existing requirements of federal, state and local laws, rules, regulations and ordinances applicable to the Services.
x. Xxxxxxx shall have and maintain through the term of this Agreement, at its sole cost and expense, all permits and licenses which are required by state or federal law or regulation, or by municipal ordinance, for the provision of Services.
x. Xxxxxxx has and shall provide trucks, personnel, and equipment sufficient to meet its obligations pursuant to this Agreement, in accordance with the collection schedules set each year by Xxxxxxx and the Town. XXXXXXX MAKES NO ADDITIONAL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Xxxxxxx Warranties. Xxxxxxx represents and warrants that:
(a) Exhibit C accurately identifies all Patent rights Controlled by Xxxxxxx as of the Execution Date that claim a PPAR-d Compound, PPAR-d Product or its manufacture or use;
(b) as of the Execution Date it has not granted any right, license or interest in or to the PPAR-d Patents or PPAR-d Know-How that is in conflict with the rights and licenses granted to Metabolex under this Agreement; and
(c) as of the Execution Date, other than Third Party allegations disclosed to Metabolex with respect to the Replacement Patents, it owns or has a license to the PPAR-d Patents and PPAR-d Know-How and has the ability to grant to Metabolex the licenses thereunder as granted in this Agreement.
Xxxxxxx Warranties. Xxxxxxx hereby represents and warrants that (i) all Products supplied by Xxxxxxx to VisiJet hereunder shall have been manufactured, quality tested and packaged in accordance with, and shall conform to, the Specifications, all other requirements set forth in this Agreement and all laws and regulations, including but not limited to the QSRs, as such laws, regulations and requirements are constituted and effective as of the time of shipment of the Products to VisiJet, (ii) Xxxxxxx will maintain the integrity of the practices and processes upon which VisiJet has relied for
Xxxxxxx Warranties. The Xxxxxx warrants and represents to ASS that at the date of this Agreement:
(a) The Xxxxxx has legal title to the Motor Vehicle;
(b) The Motor Vehicle is free from all encumbrances, claims or liens;
(c) The Xxxxxx is not bankrupt nor has any Receiver been appointed over or in respect of any of the Xxxxxx’x assets;
(d) The Xxxxxx has not agreed to sell the Motor Vehicle.
(e) If any act, matter or thing occurs or becomes known to the Xxxxxx which is inconsistent with the warranties and representations contained in this clause, the Xxxxxx must immediately give ASS written notice of that act, matter or thing.
(f) There are no contents of the Motor Vehicle that hazardous, illegal, stolen, flammable, explosive, environmentally harmful, perishable or that are a risk to property or person (except to the extent that the goods of such nature are ordinarily found in Motor Vehicles and cannot be reasonably removed from the Motor Vehicle)
Xxxxxxx Warranties. The Xxxxxxx warrants that the grazing stock will be farmed consistent with normal farming practice. Action by any party for redress related to this warranty shall be limited to removal of animals clearly not farmed in this manner, or the pursuit of recompense for stock deaths caused by Xxxxxxx negligence (per Clause 6.5), and such action shall be subject to the Mediation and Arbitration options within this Agreement.
Xxxxxxx Warranties. Sutphen warrants the apparatus purchased here under as set forth in the warranty included with bid proposal.
Xxxxxxx Warranties. XXXXXXX warrants that during an applicable subscription term (a) this Agreement, the Order Forms and the Documentation will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data, (b) XXXXXXX will not materially decrease the overall security of the Services, (c) the Services will perform materially in accordance with the applicable Documentation, and
(d) subject to the “Integration with Non-XXXXXXX Applications” section above, XXXXXXX will not materially decrease the overall functionality of the Services. For any breach of a warranty above, Customer’s exclusive remedies are those described in the “Termination” and “Refund or Payment upon Termination” sections below.
