Use of Products. 3.28.1 In the performance of this contract, Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) competitively within a timeframe providing for compliance with the contract performance schedule; (ii) meeting contract performance requirements; or (iii) at a reasonable price.
Use of Products. Products are not authorized for use in critical safety or other applications where a failure may reasonably be expected to result in personal injury, loss of life, or serious property damage. If Customer uses or sells the Products for use in any such applications, Customer acknowledges that such use, sale, or non-compliance is at Customer's sole risk.
Use of Products. Unless otherwise noted, Products sold by Seller are not designed, intended or authorized for use in life support, life sustaining, nuclear, or other applications in which the failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If Buyer uses or sells the Products for use in any such applications: (1) Buyer acknowledges that such use or sale is at Buyer’s sole risk; (2) Buyer agrees that Seller and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify, defend and hold Seller and the manufacturer of the Products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
Use of Products. 5.18.1 In the performance of this contract, Engineer shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) competitively within a timeframe providing for compliance with the contract performance schedule; (ii) meeting contract performance requirements; or (iii) at a reasonable price.
Use of Products. (a) The Customer must only use the Products in accordance with the terms specified in this Agreement and any applicable law.
Use of Products. During the Subscription Term, Customer may access and use the Products only for its internal business purposes in accordance with the Documentation, this Agreement and the Scope of Use. Only Users may access or use a Product.
Use of Products. Buyer is responsible for (a) ensuring that Products meet its needs, including that Products are approved for use in any intended application, and (b) familiarizing itself with any manufacturer requirements, restrictions, limitations, warnings, disclosures, and instructions. Buyer shall be responsible for familiarizing itself and keeping itself informed as to any hazards to persons or property actually or potentially caused by the Products or their containers, including any hazards caused by their handling or from their chemical composition, including those containing perfluoralkyl or polyfluoroalkyl substances (collectively, “PFAs”). Buyer shall be responsible for advising its employees, contractors, customers, and any others who handle the Products regarding the same. BUYER ACKNOWLEDGES THAT PRODUCTS MAY BE HAZARDOUS TO HUMAN HEALTH. BUYER ASSUMES ALL RISK RELATED TO THE USE OR MISUSE OF THE PRODUCTS, INCLUDING THEIR STORAGE, HANDLING, SALE, OR RESALE AND REGARDLESS OF WHETHER THE PRODUCTS ARE USED SINGLY OR IN COMBINATION WITH OTHER PRODUCTS. SELLER ASSUMES NO OBLIGATION OR LIABILITY FOR ANY ADVICE OR REPRESENTATIONS MADE BY SELLER WITH RESPECT TO PRODUCTS OR ANY REPRESENTATIONS REGARDING RESULTS WHICH MAY BE OBTAINED FROM THE SAME. BUYER RELIES UPON SUCH INFORMATION AT ITS SOLE RISK. Buyer shall defend and indemnify Indemnified Parties (defined herein) from any and all Claims (defined herein) associated with any employee’s, contractor’s, customer’s, or user’s use of any Product, including but not limited to any claims based upon failure to warn. Buyer will not package, process, sell, resell, certify, provide, or offer Products as Active Pharmaceutical Ingredients to any entity, either directly or through the use of third parties. Buyer represents and warrants that it will not use any Product or byproduct in relation to (a) nuclear weapons, (b) chemical weapons, (c) weapon systems, (d) military applications, (e) illicit drugs, or (f) research related to any of the same.
Use of Products a. You agree that the Products will be used only by you and joint owners of respective accounts, provided that each Joint Owner agrees to be bound by the terms hereof and further that you will be liable for your joint owners’ acts and omissions in connection with the Products. For purposes of this Agreement, "
Use of Products. Customer acknowledges the hazards associated with the handling, storage, transportation, use, misuse, disposal or subsequent processing (the “Use”) of the Products and assumes the responsibility of advising those of its employees, agents, contractors, and customers, who shall use, work or come in contact with the Products, of the hazards to human health or human or environmental safety, whether such Products are used singly or in combination with other substances or in any processes or otherwise. Customer shall indemnify, defend and hold Processor harmless from and against any and all liability occurring from or arising out of a breach of Customer’s obligations under this Section and from and against claims, demands or cause of action for personal injury, damage to the environment or property arising from or attributable to Customer’s Use of the Products.
Use of Products. NeoGenomics will not: (a) resell or distribute any Evaluation Products or Products obtained from Abbott under this Agreement to any Third Party; (b) use any Evaluation Products or Products past their stated expiration date; (c) use any Evaluation Products in any manner inconsistent with their intended use; or (d) use any Evaluation Products or Products outside the Territory.
