By MSS Sample Clauses
The "By MSS" clause designates actions, obligations, or rights that are specifically to be performed or exercised by the party identified as MSS in the agreement. In practice, this means that whenever the contract refers to duties or permissions under this clause, only MSS is responsible for carrying them out, such as providing services, making payments, or delivering notices. This clause ensures clarity regarding which party is accountable for certain contractual responsibilities, thereby reducing ambiguity and potential disputes over obligations.
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By MSS. MSS represents and warrants to the University that there are no outstanding agreements, licenses, assignments or encumbrances inconsistent with the provisions of such licenses or with any other provision of this Agreement.
By MSS. MSS agrees to defend, indemnify, and hold the University harmless from and against any and all third-party claims (other than claims for infringement of a third party's Intellectual Property Rights to the extent such claims fall within the provisions of Section 14 above), damages, actions, liabilities, costs and expenses arising out of or in connection with (i) any damage, including but not limited to damage to any property and personal injury or death, by whomever suffered arising out of or resulting from any negligent or willful act of MSS relating to the subject matter of this Agreement, and (ii) any breach or claimed breach of the warranties and representations set forth in Section 14.2 above.