Common use of Product Liabilities Clause in Contracts

Product Liabilities. Except as set forth in Section 5.20 of the Disclosure Schedule, neither Sellers nor any of their Affiliates has received a claim related to the Business for or based upon breach of product warranty (other than warranty service and repair claims in the ordinary course of business not material in amount or significance), strict liability in tort, negligent manufacture of product, negligent provision of services or any other allegation of liability, including or resulting in product recalls, arising from the materials, design, testing, manufacture, packaging, labeling (including instructions for use), or sale of its products or from the provision of services; and, to the knowledge of Sellers, there is no basis for any such claim. Except as set forth in Section 5.20 of the Disclosure Schedule, the products sold or delivered or services rendered by the Business comply with all contractual requirements, warranties or covenants applicable thereto and are not subject to any material term, condition, guaranty, warranty or other indemnity beyond the applicable standard terms and conditions of sale for such products and services.

Appears in 2 contracts

Samples: Asset and Equity Purchase Agreement (Advanced Tissue Sciences Inc), Asset and Equity Purchase Agreement (Advanced Tissue Sciences Inc)

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Product Liabilities. (a) Except as set forth in Section 5.20 5.24(a) of the Disclosure Schedule, neither Sellers the Company nor any of their Affiliates its Subsidiaries has received a any claim related to the Business for or based upon breach of product warranty (other than warranty service and repair claims in the ordinary course of business not material in amount or significance), strict liability in tort, negligent manufacture of product, negligent provision of services or any product complaint, adverse event report, or any other similar allegation of liability, including or resulting in product recalls, arising from the materials, design, testing, manufacture, packaging, labeling (including instructions for use), ) or sale of its products or from the provision of services; and, to the knowledge best Knowledge of Sellersthe Company, there is no basis for any such claim. Except as set forth in Section 5.20 of the Disclosure Schedule, the The products sold or delivered or services rendered by the Business Company and its Subsidiaries comply with all contractual requirements, warranties or covenants applicable thereto and are not subject to any material term, condition, guaranty, warranty or other indemnity beyond the applicable standard terms and conditions of sale for such products and services, copies of which have previously been delivered or made available to the Purchaser.

Appears in 1 contract

Samples: Series D Preferred Share (Elbit Imaging LTD)

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Product Liabilities. (a) Except as set forth in Section 5.20 5.21 of the Disclosure Schedule, neither Sellers Seller nor any of their its Affiliates has received a claim related to the Business for or based upon breach of product warranty (other than warranty service and repair claims in the ordinary course of business not material in amount or significance), strict liability in tort, negligent manufacture of product, negligent provision of services or any other allegation of liability, including or resulting in product recalls, arising from the materials, design, testing, manufacture, packaging, labeling (including instructions for use), or sale of its products or from the provision of services; and, to the knowledge of SellersSeller, there is no basis for any such claim. Except as set forth in Section 5.20 5.21 of the Disclosure Schedule, the products sold or delivered or services rendered by Seller or any of its Affiliates in the conduct of the Business comply with all contractual requirements, warranties or covenants applicable thereto and are not subject to any material term, condition, guaranty, warranty or other indemnity beyond the applicable standard terms and conditions of sale for such products and services.

Appears in 1 contract

Samples: Asset Purchase Agreement (Medicalogic/Medscape Inc)

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