Breach of Warranties definition

Breach of Warranties means, in respect of any of the Seller’s Warranties, that all or part of the facts stated therein are untrue, inaccurate or misleading, on the date of this Agreement and on the Closing Date (or such other date as the relevant Seller’s Warranty expressly refers to).
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Breach of Warranties means: a Breach of Warranties as defined in Article 12 of this Agreement;
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Breach of Warranties shall be deemed to mean:
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Examples of Breach of Warranties in a sentence

  • Plaintiffs seek compensatory damages and punitive damages.This matter is presently before the Court on the motion of defendants Comair, Inc., Comair Services, Inc., and Comair Holdings, LLC (collectively “Comair”) for Partial Summary Judgment on Certain Plaintiffs' claims for Breach of Warranties.

  • CGC-15-547125, CGC-15-546632 (Complaint for Damages, Breach of Warranties, etc.) This agenda is subject to revision and may be amended prior to the scheduled meeting.

  • The sole remedy of the Parties for any breach of this Agreement (including a Breach of Warranties) shall be indemnification in accordance with the terms of this Agreement or an action for specific performance or Losses in addition to any other remedy to which they are entitled at law or in equity and the Parties shall not be entitled to terminate, rescind or dissolve this Agreement in whole or in part, unless expressly stated otherwise herein.

  • The Buyer’s Breach of Warranties will not give the Sellers the right to seek termination of this contract or to seek nullity or rescission, except if there is gross negligence or fraud.

  • KAITRYANNA PIZZA INC.Motion No. 001Page 12 of 22 Therefore, the branch of the defendants’ motion seeking summary judgment dismissing the plaintiff’s first, second, and third causes of action, and on the defendants’ first counterclaim is denied.B. Second Counterclaim (Breach of Warranties) The defendants’ second counterclaim seeks to recover for the plaintiff’s alleged failure to meet the express warranties set forth in the POS contract as well as the implied warranties of fitness and merchantability.

  • When the Buyer becomes aware of facts constituting a Sellers’ Breach of Warranties or becomes aware of the existence of a suit, claim, action or summons against the Buyer or one of the Relevant Companies or UNAB relating to subject matter that can serve as a basis for claiming damages against the Sellers for a Sellers’ Breach of Warranties, the Buyer (jointly with the respective Relevant Company or UNAB, whichever is applicable), shall follow the procedure set forth in the foregoing sub-sections.

  • The Seller shall have no obligation to indemnify the Purchaser in respect of any Claim for a Breach of Warranties (other than the Fundamental Warranties), if the Loss incurred by the Purchaser arising from such Breach of Warranties does not exceed USD 1,000,000.

  • The Buyer cannot claim damages against the Sellers for Sellers’ Breach of Warranties, unless the Buyer has presented such claim in writing to the Sellers, specifying (in reasonable detail) the subject matter to which the claim is referring, the nature of the infraction of the warranties and the amount of damages claimed (detailing the calculation made by the Buyer with respect to the loss suffered by the Buyer or any of the Relevant Companies or UNAB).

  • The Sellers’ Breach of Warranties will not give the Buyer the right to seek termination of this contract or to seek nullity or rescission, except if there is willful misconduct, gross negligence or fraud.

  • The Buyer can claim damages against the Sellers for Sellers’ Breach of Warranties at any time until the date of the fourth anniversary of this Agreement.


More Definitions of Breach of Warranties

Breach of Warranties means any breach of any of the Warranties;
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Breach of Warranties means any circumstance that causes a Warranty, individually or together with any one or more other Warranties, to be wholly or partly untrue or inaccurate; BUSINESS ASSETS means the Adjuvants Application, the Business Know-how, the Business Intellectual Property, the Business Records, the Trade Xxxx and the Stock, excluding any Intellectual Property resulting from the preclinical studies of a prostate cancer vaccine-with GnRH-KLH antigen conducted by Pepscan Systems B.V. In 2004 on pigs, and in 2005/06 on rabbits but, for the avoidance of doubt, including all Intellectual Property subsisting in, or with respect to, the vaccine adjuvant "CoVaccine HT";
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Related to Breach of Warranties

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Warranties - means collectively any and all warranties (if any) given by the Bidder in terms of this agreement.

  • Seller’s Warranties means Seller’s representations and warranties set forth in Section 9.2 and the Closing Documents executed by Seller, as such representations and warranties may be deemed modified or waived by Buyer pursuant to the terms of this Agreement.

  • Warranty means any one of them.

  • Breach of Duty means the Director or Officer breached or failed to perform his or her duties to the Corporation and his or her breach of or failure to perform those duties is determined, in accordance with Section 8.04, to constitute misconduct under Section 180.0851 (2) (a) 1, 2, 3 or 4 of the Statute.

  • Representations means the written Representations and Warranties provided by Borrower to Silicon referred to in the Schedule.

  • Tax Warranties means the warranties contained in Part 2 of Schedule 8;

  • Breach of system security means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. Business and Commerce Code 521.053(a)

  • Seller Warranties shall have the meaning ascribed to the term in Clause 7.1.

  • Misrepresentation has the meaning ascribed thereto in the Securities Act;

  • Product Liability means any liability, claim or expense, including but not limited to attorneys’ fees and medical expenses, arising in whole or in part out of a breach of any express or implied product warranty by the Company, strict liability in tort, negligent manufacture of product, negligent provision of services, product recall, or any other allegation of liability arising from the design, testing, manufacture, packaging, labeling (including instructions for use), or sale of products.

  • Purchaser’s Warranties means the warranties of the Purchaser set out in Clause 6.2 and Schedule 2;

  • Warranty Rights means the Warranty Rights as described in Schedule I to the Participation Agreement.

  • Purchaser Warranties shall have the meaning ascribed to the term in Clause 8.1;

  • Limited Warranty means the limited warranties and your coverage provided by IKO for your Shingles as expressly set out in this document, and are the only warranties being provided by IKO.

  • Breach means an impermissible use or disclosure of electronic or non-electronic sensitive personal information by an unauthorized person or for an unauthorized purpose that compromises the security or privacy of Confidential Information such that the use or disclosure poses a risk of reputational harm, theft of financial information, identity theft, or medical identity theft. Any acquisition, access, use, disclosure or loss of Confidential Information other than as permitted by this DUA shall be presumed to be a Breach

  • Fundamental Representations and Warranties means the representations and warranties contained in Sections 3.1, 3.2, 3.6, 4.1 and 4.

  • Willful Breach means a material breach that is a consequence of an act undertaken or a failure to act by the breaching party with the knowledge that the taking of such act or such failure to act would, or would reasonably be expected to, constitute or result in a breach of this Agreement.

  • Express warranty means an express warranty as set forth in sections 4-2-313 and 4-2.5-210, C.R.S. An express warranty shall cover every part of a new facilitative device.

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Products Liability means:Your legal liability in respect of Personal Injury and/or Property Damage caused by or arising out of any Products or the reliance upon a representation or warranty made at any time with respect to such products; but only where such Personal Injury and/or Property Damage occurs away from premises owned or leased by or rented to You and after physical possession of such products has been relinquished to others.

  • Tort means in breach of contract.

  • Intentional Breach means, with respect to any representation, warranty, agreement or covenant, an action or omission taken or omitted to be taken that the breaching party intentionally takes (or intentionally fails to take) and knows (or reasonably should have known) would, or would reasonably be expected to, cause a material breach of such representation, warranty, agreement or covenant.

  • Indemnifiable Damages shall have the meaning set forth in Section 9.1 herein.

  • Representations and Warranties means the representations and warranties mentioned in Clause 4 hereto;