No Implied Warranties. THE EXPRESS WARRANTIES SET FORTH IN SECTION 12.1 OF THIS AGREEMENT ARE EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND/OR USAGE OF TRADE) AND GENERAL CONTRACTOR DISCLAIMS ANY SUCH OTHER WARRANTIES. ANY OTHER STATEMENTS OF FACT OR DESCRIPTIONS EXPRESSED IN THE AGREEMENT SHALL NOT BE DEEMED TO CONSTITUTE A WARRANTY OF THE EQUIPMENT OR WORK OR ANY PART THEREOF. THE REMEDY BY GEC OF ANY WARRANTY NONCONFORMITIES OR OTHER DEFECTS IN THE WORK OR EQUIPMENT AS PROVIDED IN SECTION 12.3 FOR THE WARRANTY PERIOD SHALL CONSTITUTE COMPLETE FULFILLMENTOF, AND OWNER’S EXCLUSIVE REMEDY FOR, ALL THE LIABILITIES OR RESPONSIBILITIES OF CONTRACTOR TO OWNER FOR NONCONFORMING OR DEFECTIVE WORK OR EQUIPMENT, WHETHER THE CLAIMS OF OWNER ARE BASED ON DELAY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, INDEMNITY, ERROR AND OMISSION OR ANY OTHER CAUSE OR LEGAL THEORY WHATSOEVER. LIMA/GEC/EPC 50 Confidential Business Information ARTICLE XIII
Appears in 3 contracts
Samples: Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp), Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp), Engineering, Procurement and Construction Agreement (Global Energy, Inc.)
No Implied Warranties. THE EXPRESS WARRANTIES SET FORTH IN SECTION 12.1 OF THIS AGREEMENT ARE EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND/OR USAGE OF TRADE) GEC/ICC/EPC 48 Confidential Business Information AND GENERAL CONTRACTOR DISCLAIMS ANY SUCH OTHER WARRANTIES. ANY OTHER STATEMENTS OF FACT OR DESCRIPTIONS EXPRESSED IN THE AGREEMENT SHALL NOT BE DEEMED TO CONSTITUTE A WARRANTY OF THE EQUIPMENT OR WORK OR ANY PART THEREOF. THE REMEDY BY GEC CONTRACTOR OF ANY WARRANTY NONCONFORMITIES OR OTHER DEFECTS IN THE WORK OR EQUIPMENT AS PROVIDED IN SECTION 12.3 FOR THE WARRANTY PERIOD SHALL CONSTITUTE COMPLETE FULFILLMENTOFFULFILLMENT OF, AND OWNER’S EXCLUSIVE REMEDY FOR, ALL THE LIABILITIES OR RESPONSIBILITIES OF CONTRACTOR TO OWNER FOR NONCONFORMING OR DEFECTIVE WORK OR EQUIPMENT, WHETHER THE CLAIMS OF OWNER ARE BASED ON DELAY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, INDEMNITY, ERROR AND OMISSION OR ANY OTHER CAUSE OR LEGAL THEORY WHATSOEVER. LIMA/GEC/EPC 50 Confidential Business Information ARTICLE XIII.
Appears in 2 contracts
Samples: Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement (Global Energy, Inc.)
No Implied Warranties. THE EXPRESS WARRANTIES SET FORTH IN SECTION 12.1 OF THIS AGREEMENT ARE EXCLUSIVE FDTC HEREBY EXPRESSLY DISCLAIMS ANY AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, WRITTEN, ORALALL WARRANTIES, EXPRESS OR IMPLIED IMPLIED, WITH RESPECT TO THE LICENSED PATENTS, LICENSED TECHNICAL INFORMATION AND CONFIDENTIAL INFORMATION (DEFINED BELOW IN SECTION 7.1) AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WARRANTIES BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, THE WARRANTY OF VALIDITY, ENFORCEABILITY OR SCOPE OF ANY OF THE LICENSED PATENTS, AND THE WARRANTY THAT THE ACTS LICENSED HEREUNDER, AND THE LICENSED TECHNICAL INFORMATION AND CONFIDENTIAL INFORMATION DO NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. FURTHERMORE, FDTC PROVIDES AUO WITH THE LICENSED TECHNICAL INFORMATION AND CONFIDENTIAL INFORMATION ON AN "AS IS" BASIS, AND DOES NOT MAKE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE, CONCERNING SUCH LICENSED TECHNICAL INFORMATION AND CONFIDENTIAL INFORMATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND/OR USAGE OF TRADE) AND GENERAL CONTRACTOR DISCLAIMS ANY SUCH OTHER WARRANTIES. ANY OTHER STATEMENTS OF FACT OR DESCRIPTIONS EXPRESSED IN THE AGREEMENT SHALL NOT BE DEEMED TO CONSTITUTE FITNESS FOR A WARRANTY OF THE EQUIPMENT OR WORK OR ANY PART THEREOF. THE REMEDY BY GEC OF ANY WARRANTY NONCONFORMITIES OR OTHER DEFECTS IN THE WORK OR EQUIPMENT AS PROVIDED IN SECTION 12.3 FOR THE WARRANTY PERIOD SHALL CONSTITUTE COMPLETE FULFILLMENTOFPARTICULAR PURPOSE, AND OWNER’S EXCLUSIVE REMEDY FOR, ALL THE LIABILITIES OR RESPONSIBILITIES WARRANTIES OF CONTRACTOR TO OWNER FOR NONCONFORMING OR DEFECTIVE WORK OR EQUIPMENT, WHETHER THE CLAIMS OF OWNER ARE BASED ON DELAY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, INDEMNITY, ERROR FREEDOM FROM ERRORS AND OMISSION OR ANY OTHER CAUSE OR LEGAL THEORY WHATSOEVER. LIMA/GEC/EPC 50 Confidential Business Information ARTICLE XIIIDEFECTS,
Appears in 2 contracts
Samples: Patent and Technology License Agreement, Patent and Technology License Agreement (Au Optronics Corp)
