Development Warranties. Each party represents and warrants to the other party that it will perform the R&D Activities in a professional, workmanlike, and timely manner; provided, however, that the other party’s sole and exclusive remedy, and such party’s entire liability, for any breach of the warranty shall be for such party to re-perform its obligations in a conforming manner.
Development Warranties. (a) Licensee represents and warrants that the Development Services will be performed in a professional manner consistent with the level of care, skill, practice and judgment exercised by other professionals in performing services of a similar nature under similar circumstances by personnel with requisite skills, qualifications and licenses needed to carry out such work.
Development Warranties. Horizon represents and warrants that: (i) Horizon shall use its best efforts in developing the Work in accordance with the applicable Work Schedule; (ii) the development of the Work shall be performed in a professional and workmanlike manner in accordance with the highest applicable professional standards; (iii) Horizon personnel developing the Work shall have appropriate technical skills, training, experience and expertise to enable Horizon to perform its responsibilities set forth herein, provided the duration of the above warranties set forth in Sections 9.5 (i)-(iii) with respect to any Deliverable included within a Product shall expire upon acceptance of the Deliverable by Cobra. Horizon further represents and warrants that Horizon’s development of the Work, including all Deliverables, shall comply in all material respects with the applicable Functional Requirements and Technical Specifications, provided the duration of this warranty with respect to any Deliverable included within a Product shall be for one (1) year from the date the Deliverable is accepted by Cobra as conforming to the applicable acceptance test. Horizon further represents and warrants that: (A) Horizon possesses the equipment, personnel and other expertise necessary to develop the Work as set forth herein; and (B) the development of the Work shall not be performed in violation of any applicable law, rule or regulation, and Horizon shall have obtained all permits necessary to comply with such laws, rules and regulations.
Development Warranties. The Operator warrants that it shall perform and complete its development work under this Section 6 (i) in accordance with accepted professional standards, (ii) using appropriately qualified personnel; (iii) utilizing commercially reasonable efforts to perform; and (iv) assigning such personnel, facilities and resources as are reasonably necessary to accomplish the development tasks. In addition, the Operator represents and warrants that work which it conducts for Projects under a Project Plan shall upon delivery meet any Acceptance Criteria expressed as such in such Project Plan, and shall conform to any applicable Specifications.
Development Warranties. Provided that a Party complies with its obligations under Section 2, such PARTY shall not be liable towards the other Party in the case that the DEVELOPMENT WORK cannot be successfully completed as per Section 3 above.
Development Warranties iGate warrants that the product development process shown in Appendix 1, for both low voltage and medium voltage systems respectfully, for all categories of hardware, and software as part of the OEM Packages, will be achieved within the time line allotted, and will be free from defects in materials, fitness for a particular purpose, and workmanship under trial and normal use for a period of six months from the date of sale to the end-user. HaloCom shall not pass this warranty to the end-user. The exclusive remedy for the HaloCom for the breach of the foregoing warranties will be to seek to have iGate bring the completion the development of the OEM Packages, or refund to a larger extent the development fee, stipulated in Appendix 2, less expenses incurred by iGate for the project development.
Development Warranties. (a) Licensee represents and warrants that the Development Services will be performed in a professional manner consistent with the level of care, skill, practice and judgment exercised by other professionals in performing services of a similar nature under similar circumstances by personnel with requisite skills, qualifications and licenses needed to carry out such work. (b) Licensee represents and warrants that all Creative embodied in any Licensor Product will be of original development by Licensee (except for Approved Third-Party Materials or information supplied by Licensor to Licensee expressly for use in any Licensor Product) and do not infringe upon or otherwise violate any trademark, copyright, patent or other proprietary rights, United States or foreign, of any third party, or otherwise violate any U.S. or foreign law, statute or regulation. Licensee represents and warrants that all Creative submitted to Licensor for Approval shall have been created specifically for Licensor and shall not have been previously presented to another company by Licensee or Licensee’s Affiliates. Licensee further warrants that Licensee has not and will not in the performance of this Agreement infringe upon or otherwise violate any trademark, copyright, patent or other proprietary right, United States or foreign, of any third party. If, at any time during or after the term of this Agreement, Licensee becomes aware of the potential for a claim for such infringement or violation, Licensee shall promptly so notify Licensor in writing. (c) Licensee represents and warrants that the Licensed Articles it will produce hereunder shall be at the least comparable to the high quality designer fragrances produced for brands such as [———-]20 and suitable for sale in First Tier Retailers as defined in this Agreement. (d) Notwithstanding anything to the contrary contained in this Agreement, Licensee shall have the right to use or to make use of stock components, such as bottles, caps and pumps, in connection with the design, creation or manufacture of Licensed Articles, provided that, Licensee gives prior written notice to Licensor of the intended use of such components and Licensor gives its written Approval of such use; and provided further that, the end result of Licensee’s use of such stock components is a design that is unique to the Licensed Articles, such design shall be the property of Licensor, subject to the rights of Licensee and third parties in such stock components, but no...
Development Warranties
