EXCLUSIONS AND DISCLAIMERS MONDO’S LIABILITY HEREUNDER SHALL BE LIMITED AS SPECIFIED ABOVE, WHICH SHALL BE THE SOLE AND EXCLUSIVE OBLIGATION OF MONDO HEREUNDER. MONDO SHALL HAVE NO LIABILITY FOR ANY CLAIM WHICH IS NOT A COVERED CLAIM. UNDER NO CIRCUMSTANCES WILL MONDO BE LIABLE FOR LABOR OR ANY OTHER COSTS INCURRED IN CONNECTION WITH THE REPAIR, REMOVAL, INSTALLATION OR REPLACEMENT OF ANY SPECIFIED PRODUCTS COVERED BY THIS LIMITED MATERIAL WARRANTY, EXCEPT AS SPECIFICALLY PROVIDED HEREIN. UNDER NO CIRCUMSTANCES WILL MONDO BE LIABLE FOR DIRECT OR INDIRECT DAMAGES, LABOR, REMOVAL, INSTALLATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES, FOR LOST PROFITS, LOST SALES, INJURY TO PROPERTY OR ANY OTHER DAMAGES, LOSSES OR CONTINGENCIES DUE TO OR ARISING OUT OF ANY SPECIFIED PRODUCT, WHETHER OR NOT SUBJECT TO A MANUFACTURING DEFECT. THE LIMITED MATERIAL WARRANTY IS VALID ONLY FOR THE SPECIFIED WARRANTY HOLDER AND IS NOT ASSIGNABLE OR TRANSFERABLE UNDER ANY CIRCUMSTANCES. THERE SHALL BE NO THIRD PARTY BENEFICIARIES (INTENDED OR OTHERWISE) HEREUNDER. THIS LIMITED MATERIAL WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITATION ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALSO IS IN LIEU OF ANY OTHER OBLIGATIONS ON THE PART OF MONDO (CONTRACTUAL, TORT OR OTHERWISE). THIS LIMITED MATERIAL WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY MONDO AND IS A COMPLETE AND EXCLUSIVE STATEMENT OF ITS OBLIGATIONS. MONDO MAKES NO REPRESENTATIONS, EXPRESSED OR IMPLIED, NOT SPECIFIED HEREIN. ANY AND ALL REPRESENTATIONS, PROMISES, WARRANTIES OR STATEMENTS BY MONDO’S EMPLOYEES, REPRESENTATIVES, AGENTS, DEALERS, OR DISTRIBUTORS THAT DIFFER, ENHANCE, AMEND OR EXTEND IN ANY MANNER FROM THE TERMS OF THIS WRITTEN LIMITED MATERIAL WARRANTY SHALL BE OF NO FORCE OR EFFECT. NO REPRESENTATIVE, AGENT OR EMPLOYEE OF MONDO, OR ANY OTHER PERSON, IS AUTHORIZED TO ASSUME FOR MONDO ANY ADDITIONAL LIABILITY OR RESPONSIBILITY WITH MONDO FLOOR COVERING EXCEPT AS DESCRIBED ABOVE.
Notice and Disclaimer 2.1. The Data is the property of Xxx Xxxxxxxx and is protected by applicable copyright law. In no event shall User publish, retransmit, display, redistribute, or otherwise reproduce any or all of the Data in any format to anyone, except as allowed in Section 1 of this agreement.
NOTICES AND DISCLOSURES Behavioral HealthCare Parity This plan provides parity in benefits for behavioral health services. This means that coverage of benefits for mental health and substance use disorders is generally comparable to, and not more restrictive than, the benefits for physical health. Financial requirements, such as deductibles, copayments, or benefit limits that may apply to a behavioral health service benefit category, such as inpatient services, are not more restrictive than those that apply to most medical benefits within the same category. Different levels of financial requirements to different tiers of prescription drugs are applied without regard to whether a prescription drug is generally prescribed for physical, mental health, or substance use disorders. Other requirements are imposed that are not expressed numerically, such as preauthorization, concurrent utilization review, and retrospective utilization review. These are applied to behavioral health services in comparable ways as medical benefits.
Warranty and Disclaimer Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Representations Warranties and Disclaimers I represent and warrant that I am legally entitled to grant the rights and promises set forth in this Agreement. IN ALL OTHER RESPECTS THE SPECIFICATION IS PROVIDED "AS IS." The entire risk as to implementing or otherwise using the Specification is assumed by the implementer and user. Except as stated herein, I expressly disclaim any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the Specification. IN NO EVENT WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. All of my obligations under Section 3 regarding the transfer, successors in interest, or assignment of Granted Claims will be satisfied if I notify the transferee or assignee of any patent that I know contains Granted Claims of the obligations under Section 3. Nothing in this Agreement requires me to undertake a patent search.
Uses and Disclosures Pursuant to the terms of this Agreement, Contractor may receive from the Exchange Protected Health Information and/or Personally Identifiable Information in connection with Contractor Exchange Functions that is protected under applicable Federal and State laws and regulations. Contractor shall not use or disclose such Protected Health Information or Personally Identifiable Information obtained in connection with Contractor Exchange Functions other than as is expressly permitted under the Exchange Requirements and only to the extent necessary to perform the functions called for within this Agreement.
Warranties and Disclaimer Upon mutual execution of the Agreement and this T&C Addendum, Seller may deliver to Buyer certain reports, summaries or disclosures prepared by or for Seller in connection with Seller’s acquisition of the Property. Seller makes no representation or warranty as to the accuracy or completeness of any information contained in those reports, summaries or disclosures, and as such, Buyer’s reliance upon that information shall not create or give rise to any liability against Seller. In connection with any construction or renovation work to the Property, Seller warrants only that payment in full will be made for all labor, services and materials furnished in the ordinary course of business. Except for those express representations and warranties set forth in the Agreement, Seller makes no other representation or warranty of any kind with regard to the physical condition, zoning or suitability of the Property, or any component thereof. Buyer will have the opportunity to fully inspect the Property during the Due Diligence Period, and Buyer will rely solely on such inspections to determine the condition, zoning and suitability of the Property. Buyer will acquire the Property (including appliances) in “AS IS” and “WITH ALL FAULTS” condition. Without limiting the generality of the foregoing, Buyer releases Seller and Seller’s agents, successors and assigns, subsidiaries and parent companies, employees, brokers and contractors from, and waives any and all claims, liabilities, losses, costs or expenses (including attorney’s fees), whether known or unknown, which Buyer may have, arising from or relating to any conditions, including but not limited to environmental and physical conditions, affecting the Property. The foregoing release includes specifically, but is not limited to, a release of any claim for indemnification or contribution under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.) or any other federal, state or local statute, rules or ordinance relating to liability of property owners for environmental matters, whether arising based on events that occurred before, during or after Seller’s period of ownership of the Property. Buyer acknowledges that the foregoing release was specifically negotiated between Seller and Buyer.
UPDATING AND DISCLOSING FINANCIAL INFORMATION You will provide facts to update information contained in Your original Account application or other financial information related to You, at Our request. You also agree that We may, from time to time, as We deem necessary, make inquiries pertaining to Your employment, credit standing and financial responsibility in accordance with applicable laws and regulations. You further agree that We may give information about the status and payment history of Your Account to consumer credit reporting agencies, a prospective employer or insurer, or a state or federal licensing agency having any apparent legitimate business need for such information.
Warranty and Disclaimers COMPANY warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) the Content will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Content). COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE CONTENT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENT. THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY IN THIS AGREEMENT APPLY ONLY TO THE CONTENT AS DELIVERED BY COMPANY AND WILL BE INVALID IF THE CONTENT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.
Representations Warranties Exclusive Remedies and Disclaimers 10. Mutual Indemnification
