Contractor represents and warrants that i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and
Contractor represents and warrants that. (1) the Deliverables (and all intellectual property rights and proprietary rights arising out of, embodied in, or related to such Deliverables); and (2) the County’s use of, and exercise of any rights with respect to, the Deliverables (and all intellectual property rights and proprietary rights arising out of, embodied in, or related to such Deliverables), do not and will not, under any circumstances, misappropriate a trade secret or infringe upon or violate any copyright, patent, trademark, trade dress or other intellectual property right, proprietary right or personal right of any third party. Contractor further represents and warrants there is no pending or threatened claim, litigation or action that is based on a claim of infringement or violation of an intellectual property right, proprietary right or personal right or misappropriation of a trade secret related to the Deliverables. Contractor shall inform the County in writing immediately upon becoming aware of any actual, potential or threatened claim of or cause of action for infringement or violation or an intellectual property right, proprietary right, or personal right or misappropriation of a trade secret. If such a claim or cause of action arises or is likely to arise, then Contractor shall, at the County’s request and at the Contractor’s sole expense: (1) procure for the County the right or license to continue to use the Deliverable at issue; (2) replace such Deliverable with a functionally equivalent or superior Deliverable free of any such infringement, violation or misappropriation; (3) modify or replace the affected portion of the Deliverable with a functionally equivalent or superior Deliverable free of any such infringement, violation or misappropriation; or (4) accept the return of the Deliverable at issue and refund to the County all fees, charges and any other amounts paid by the County with respect to such Deliverable. In addition, Contractor agrees to indemnify, defend, protect and hold harmless the County and its officers, directors, employees, officials and agents as provided in the Indemnification section of this Contract, including for any breach of the representations and warranties made by Contractor in this section. The foregoing remedies shall be in addition to and not exclusive of other remedies available to the County and shall survive termination of this Contract.
Contractor represents and warrants that the Software and Services provided to the City under this Contract (including without limitation any exhibits) shall perform as described in the user guides, documentation, training materials, and marketing materials. Formatted: Font: (Default) Arial Formatted: Left, Indent: Left: 2.19", No bullets or numbering
Contractor represents and warrants that. (a) It is free to enter into and fully perform this agreement.
Contractor represents and warrants that a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Contractor’s undertaking this relationship with Tribe;
Contractor represents and warrants that. 12.1.2.1 It shall perform all Services required pursuant to this Contract in a professional manner, with high quality;
Contractor represents and warrants that. A. Contractor is duly organized, validly existing and in good standing under applicable laws.
