AND CLAIMS Sample Clauses

AND CLAIMS. 11.1 Westermo warrants that the Products, subject to what is set forth below regarding software, are free from defects in materials and workmanship arising from normal use, and any material non-conformances with Westermo published specifications, for a period of five (5) years from the date the Product was shipped from Westermo. Westermo warrants that formal production software releases have passed rigorous regression testing that ensures a stable industry leading software quality level over time. However, Westermo does not warrant that the software or any portion thereof is error free. Notwithstanding the foregoing, (i) for a product in the life cycle phase Limited (which means any product that is inactive and generally not available, but may be available on a case-by-case basis as a spare part) at the time of order placement, the warranty period is limited to three (3) months from the date the Product was shipped from Westermo, and (ii) for the VA Products, the warranty period is limited to three (3) years from the date the VA Product was shipped from Westermo. The Buyer shall without undue delay inform Westermo in writing about any claim of defects in the Products when the Buyer has discovered or ought to have discovered any defect in the Products. A claim may in no event be made later than seven (7) days after the expiration of the applicable warranty period, mentioned earlier. Where the defect is such that it may cause damage, notice shall be given immediately.
AND CLAIMS. The Company will continue to pay and the Company portion of Group Life Insurance, Dental Plan and Drug Plan for a period of up to twelve (12) months for an employee who suffers a compensable injury and is in receipt of Worker's Compensation Board benefits, Weekly Indemnity or benefits. The Company may, after investigation, continue to pay and the Company portion of Life Insurance, Dental Plan and Drug Plan premiums beyond the twelve
AND CLAIMS. 9.1 The Seller is solely responsible for compliance with all laws relating to the labelling, packaging and carriage of the Goods until delivery and for ensuring that such labelling, packaging, carriage and delivery are made in accordance with the best current industry practice and all applicable legal requirements and meet with all relevant government and local authority requirements. For the avoidance of doubt, the Seller shall be obliged to procure that all third party carriers and other contractors engaged by it shall comply with the foregoing.

Related to AND CLAIMS

  • Litigation and Claims No litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower’s financial condition or properties, other than litigation, claims, or other events, if any, that have been disclosed to and acknowledged by Lender in writing.

  • and 3 6.3.2. If the two members are unable to agree on a third member of the Commission, or an alternate, then either may refer the matter of appointment to the dispute resolution process under 26.3.0, or, in the absence of that process, to the Supreme Court of the Yukon.

  • Certain Claims As additional consideration for the issuance of Parent Common Stock pursuant to this Agreement, each of the Signing Shareholders hereby releases and forever discharges, effective as of the Closing Date, the Company and its directors, officers, employees and agents, from any and all rights, claims, demands, judgments, obligations, liabilities and damages, whether accrued or unaccrued, asserted or unasserted, and whether known or unknown arising out of or resulting from such Signing Shareholder’s (i) status as a holder of an equity interest in the Company; and (ii) employment, service, consulting or other similar agreement entered into with the Company prior to Closing to the extent that the basis for claims under any such agreement that survives the Closing arise prior to the Closing, provided, however, the foregoing shall not release any obligations of Parent or the Surviving Corporation set forth in this Agreement or the Escrow Agreement.

  • and 5 6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.)

  • Extent of Liability Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Funds provided in this Section4.03, each Fund shall be: (i) severally, and not jointly and severally, liable with each of the other Funds; and (ii) liable only for its pro rata share of such liabilities, determined with reference to such Fund's proportionate interest in the aggregate of assets held by the Custodian in the Account with respect to which such liability relates at the time such liability was incurred, as reflected on the books and records of the Funds.

  • and 4 3.2 of the Agreement shall be deleted in their entirety and replaced by the following:

  • Defense of Infringement Claims In the event Licensee or Licensor becomes aware that Licensee’s or any of its Affiliates’ or any Sublicensees’ practice of the Licensed Patents is the subject of a claim for patent infringement by a Third Party, that Party shall promptly notify the other, and the Parties shall consider the claim and the most appropriate action to take. Licensee shall cause each of its Affiliates and each Sublicensee to notify Licensee promptly in the event such entity becomes aware that its practice of the Licensed Patents is the subject of a claim of patent infringement by another. To the extent Licensor takes any action, Licensor (or the ReGenX Licensors) shall have the right to require Licensee’s reasonable cooperation in any such suit, upon written notice to Licensee; and Licensee shall have the obligation to participate upon Licensor’s request, in which event, Licensor shall bear the cost of Licensee’s participation. Without Licensor’s prior written permission, Licensee must not settle or compromise any such suit in a manner that imposes any material obligations or restrictions on Licensor or the ReGenX Licensors or grants any rights to the Licensed Patents other than rights that Licensee has the right to grant under this Agreement.

  • Defense of Litigation Each of Xxxxxx, Spinco and Hanover shall use its reasonable best efforts to defend against all actions, suits or proceedings in which such party is named as a defendant that challenge or otherwise seek to enjoin, restrain or prohibit the transactions contemplated by this Agreement. None of Xxxxxx, Spinco or Hanover shall settle any such action, suit or proceeding or fail to perfect on a timely basis any right to appeal any judgment rendered or Order entered against such Party therein without having previously consulted with the other Parties. Each of Xxxxxx, Spinco and Hanover shall use all commercially reasonable efforts to cause each of its Affiliates, directors and officers to use all commercially reasonable efforts to defend any such action, suit or proceeding in which such Affiliate, director or officer is named as a defendant and which seeks any such relief to comply with this Section 7.10 to the same extent as if such Person was a Party.

  • Extent of Agreement Section 1. This Agreement shall constitute the full and complete commitments between both parties and may be altered, changed, added to, deleted from, or modified only through the voluntary, mutual consent of the parties in written and signed amendment to this Agreement.

  • Disputes and Claims  Upon notice from the contractor of pending claims for extra work or changes in scope of the work or delay to the work, maintain records indicating the cost of such work and delay.  Analyze the schedule and make recommendations to the State’s Area Engineer regarding such claims, time extensions, contract changes extra work or delay costs.  Assist in dispute negotiations and claim resolution through all levels of escalation including the Engineer’s support.