PARTICULAR PURPOSE. The warranties specified in this clause are in addition to any rights you may have under the Consumer Xxxxxxxxxx Xxx 0000 or other legislation which cannot be excluded or limited to the extent permitted by the applicable legislation. Xxx Xxxxxxxx Xxxxxxxxxx Xxx 0000 will not apply in respect of any goods or services which IBM provides, if you acquire the goods or services for the purposes of a business as defined in that Act.
PARTICULAR PURPOSE. Buyer agrees that: (i) the supplier of the Goods (the “Supplier”) is not HOS’s agent and that no statement by the Supplier is binding on HOS; (ii) if Buyer has a maintenance or other contract with the Supplier, such contract is not a part of this Agreement (even though HOS may, on behalf of the Supplier, xxxx Buyer for monies owed by Buyer to Supplier); (iii) no breach of contract or other act or omission on the part of the Supplier will excuse Buyer’s obligations to HOS; (iv) Supplier products and support are offered by HOS to the Buyer subject to the terms and conditions of the Supplier, which are available upon customer request; and (v) if the Goods are unsatisfactory for any reason, Buyer shall continue to make all payments due to HOS as both parties work together in good faith to resolve any dispute. Buyer shall indemnify and defend HOS against, and hold HOS harmless for, any and all claims (including claims for personal injuries), actions, damages, liabilities, losses and costs (including but not limited to reasonable attorneys’ fees) made against HOS, or suffered or incurred by HOS, arising out of, or relating to, the delivery, installation, possession, ownership, use, loss of use, defect in or malfunction of the Goods.
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF PLUS IS WITH YOU. SHOULD PLUS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION, AND YOU AGREE TO HOLD HARMLESS AND INDEMNIFY XXXXXX.
PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Package and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of Package errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
PARTICULAR PURPOSE. DRI acknowledges that CCF has patent or other proprietary rights in certain dispensers, valves and/or components that may be part of the equipment to be sold to DRI, SHC and/or MDF. Accordingly, DRI agrees that all proprietary equipment shall be sold subject to the Proprietary Equipment Repurchase provisions of the Equipment Sales Agreement.
PARTICULAR PURPOSE. Borrower shall have no cause of action against Lender for a default under the Loan Documents unless Borrower first gives notice to Lender of the default and allows Lender a reasonable time of at least fifteen (15) Business Days to cure the default and Lender fails to commence action within such period to cure the default.
PARTICULAR PURPOSE. Except for MUZAK's maintenance obligations resulting from ordinary and proper use of the equipment as set forth above, Subscriber shall indemnify MUZAK and hold it harmless from and against any and all losses, claims, and expenses relating to the equipment provided hereunder to Subscriber, including without limitation losses caused by accident, fire, theft, or misuse of the equipment. Subscriber shall provide electrical outlets and power as needed for the equipment.
PARTICULAR PURPOSE. If any government entity imposes an implied warranty on PFI, it shall have the same time duration as the respective express warranty listed above. This warranty shall be construed and enforced in accordance with North Carolina law, and North Carolina shall have sole and exclusive jurisdiction over any dispute regarding this warranty.
PARTICULAR PURPOSE. The Parties shall each indemnify, defend and hold harmless the other Party from and against any and all claims by third persons, together with all damages, demands, liabilities, costs and expenses, including reasonable attorney's fees and expenses, incurred by the indemnitee as the result of such claims, which proximately results from and is solely caused by any act or omission of the indemnitor, its employees, agents or representatives performing on behalf of the indemnitor hereunder, or arises out of performance of the Services to be provided by the indemnitor hereunder.
PARTICULAR PURPOSE. Subject to the foregoing and except as set forth in the disclosure letter (the “Disclosure Letter”) delivered by Seller to Buyer prior to the execution of this Agreement and dated the date hereof (it being understood that each Section of the Disclosure Letter shall apply to the Section or subsection of this Article III to which the information set forth in such Section of the Disclosure Letter relates and to each other Section or subsection of this Article III to the extent such information is reasonably apparent to be relevant to such other Section or subsection), Seller represents and warrants to Buyer as follows:
