Warranties and liability limitations Sample Clauses

Warranties and liability limitations. 10.1. Business purposes and the Licensee’s own investigations: The Licensee acknowledges that it enters into this Agreement for business purposes; that it has undertaken its own investigations into the Product; and that it enters into this Agreement in reliance on those investigations and not on the basis of any warranty or representation by The Gap (except for any warranty or representation expressly set out in this Agreement).
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Warranties and liability limitations. Except as expressly provided in this Agreement to the contrary, the City makes no warranty, express or implied, with respect to the System and the City specifically disclaims any warranty of merchantability and of fitness for a particular purpose. Notwithstanding anything in this Agreement to the contrary, the City shall not be liable for any damage or injury to vegetation caused by Reuse Water or for any damage or injury caused by a person ingesting Reuse Water. Further, notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other for consequential, special or exemplary damages. Moreover, nothing in this this Agreement shall be construed as waiving or altering any immunity afforded the City or any liability limitations applicable to the City. The provisions of this Section 5 shall survive the expiration or earlier termination of this Agreement.
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Warranties and liability limitations. 9.1. The LICENSOR represents and warrants that it is the owner of the INTELLECTUAL PROPERTY RIGHTS, that they are in full force and effect, that it has paid all patent and renewal fees due up to the date of ............................, and that, to its knowledge, no administrative or judicial proceedings are pending for their revocation, cancellation, or infringement. In addition, the LICENSOR declares that the INTELLECTUAL PROPERTY RIGHTS are not already the subject of licenses, options, real or personal liens in favour of third parties.
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Warranties and liability limitations. WORLDCOM WARRANTS THAT IT WILL PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT IN A PROFESSIONAL AND WORKMANLIKE MANNER. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED RELATING TO THE CIRCUITS, THE SITE, THE HANDLING OF RETURN TRAFFIC OR ANY OTHER PRODUCTS OR SERVICES TO BE PROVIDED BY WORLDCOM UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ANY LIABILITY OF WORLDCOM ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE ACT OR EVENT GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL WORLDCOM BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, EVEN IF WORLDCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Warranties and liability limitations. (1) The Vendor hereby warrants to the Purchaser that, subject only as and to the extent disclosed, reserved or qualified in the Disclosure Letter or expressly reserved or qualified in this Agreement, each of the Warranties is at the time of execution of this Agreement true and accurate.
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Warranties and liability limitations. ● The Website and the Services are offered to you on an “as is” and “where-available” basis and therefore we expressly disclaim any warranties, express or implied, relating to the Website and/or the Services including but not limited to merchantability and suitability for any particular purpose. ● We shall not under any circumstances be held liable to you for any direct, indirect, special, consequential, punitive, or any other damages and costs including but not limited to loss of profit, loss of revenue, loss of business opportunity arising out of or in connection with your access and use or inability to access and use of the Website and/or the Services. ● Without prejudice to the liability limitation set out above our collective liability to you, arising out of or in connection with your access and use or inability to access and use the Website and/or the Service, does not exceed in the aggregate the fees you have paid us for using the Website and/or the Services. ● Pursuant to certain laws it may not be possible to disclaim our liability and warranties completely. In such cases, we hereby disclaim our liability and warranties to the fullest extent permissible by such law. You acknowledge, that if you are a consumer some of the liability and warranty limitations may not apply to you depending on your country of residence.
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Warranties and liability limitations. Each Party represents and warrants to the other that it has the right and legal ability to (a) enter into this XXXX; (b) grant the rights and li- censes herein granted; and (c) incur the obligations incurred herein. THE WARRANTIES MADE IN THIS XXXX ARE THE ONLY WARRANTIES MADE BY QAS TO END USER. THE FOREGOING ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESSED, IMPLIED OR ARIS- ING THROUGH A COURSE OF DEALING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF FITNESS FOR A PAR- TICULAR PURPOSE, ACCURACY, TITLE, MERCHANTABILITY AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY QAS AND WAIVED BY END USER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, QAS DOES NOT MAKE ANY WARRANTY AND END USER HEREBY WAIVES ANY AND ALL WARRANTIES AS TO THE PERFORMANCE OF OR RE- SULTS OBTAINED FROM USE OF THE SOFTWARE OR AS TO RELIABILITY OF THE SOFTWARE. QAS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET END USER’S OR THE CUSTOMERS OF END USER’S BUSINESS REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. QAS ASSUMES NO LIABILITY OR OB- LIGATION OTHER THAN THOSE EXPRESSLY RECITED IN THIS XXXX, INCLUDING, WITHOUT LIMITATION, ANY OBLIGA- TION OR LIABILITY FOR LOSS OF USE, REVENUE, OR PROFITS, LOSS OF DATA, OR ANY SPECIAL, INCIDENTAL, OR CON- SEQUENTIAL DAMAGES. QAS DOES NOT ACCEPT AND END USER HEREBY WAIVES ANY LIABILITY ON THE PART OF QAS UNDER OR IN RELATION TO THIS XXXX OR ITS SUBJECT MATTER (WHETHER SUCH LIABILITY ARISES DUE TO INTENTIONAL CONDUCT, NEGLI- GENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON) FOR ANY:
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Warranties and liability limitations. Business purposes and the Licensee’s Own Investigations: The Licensee acknowledges that it enters into this Agreement for business purposes; that it has undertaken its own investigations into the Products; and that it enters into this Agreement in reliance on those investigations and not on the basis of any warranty or representation by BFNZ (except for any warranty or representation expressly set out in this Agreement). No Warranty: BFNZ does not warrant that the Products are free of errors, omissions or other defects.
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Warranties and liability limitations 
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Related to Warranties and liability limitations

  • Warranties and Liability 6.1 All warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.

  • WARRANTIES AND LIMITATION OF LIABILITY 1. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR OTHER AUTHORIZED EQUIPMENT PROVIDED BY VERIZON (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR OTHER AUTHORIZED EQUIPMENT PROVIDED BY VERIZON), VERIZON (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE "VERIZON PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY VERIZON OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED.

  • Warranties Limitation of Liability The Company will use commercially reasonable efforts to provide the Services in a good and workmanlike manner in accordance with the sound and prudent practices of providers of similar services. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, THE COMPANY MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) WARRANTIES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE TO ANY OF THE PERSONS RECEIVING ANY SERVICES OR TO ANY OTHER PERSON FOR ANY EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SUCH SERVICE, REGARDLESS OF WHETHER THE PERSON PROVIDING SUCH SERVICE, ITS AFFILIATES OR OTHERS MAY BE WHOLLY, CONCURRENTLY, PARTIALLY OR SOLELY NEGLIGENT OR OTHERWISE AT FAULT, EXCEPT TO THE EXTENT SUCH EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARE PAID BY THE PARTY INCURRING SUCH DAMAGES TO A PERSON THAT IS NOT A PARTY TO THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 2.05 WILL SURVIVE TERMINATION OF THIS AGREEMENT.

  • NO REPRESENTATIONS OR WARRANTIES; LIMITATION OF LIABILITY CUSTODIAN AND ITS MANUFACTURERS AND SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE ELECTRONIC SERVICES OR ANY THIRD PARTY DATA OR THIRD PARTY SERVICES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE FUND ACKNOWLEDGES THAT THE ELECTRONIC SERVICES, THIRD PARTY DATA AND THIRD PARTY SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUSTODIAN OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT SPECIAL, OR CONSEQUENTIAL, WHICH CUSTOMER MAY INCUR IN CONNECTION WITH THE ELECTRONIC SERVICES, THIRD PARTY DATA OR THIRD PARTY SERVICES, EVEN IF CUSTODIAN OR SUCH SUPPLIER KNEW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CUSTODIAN OR ANY SUPPLIER BE LIABLE FOR ACTS OF GOD, MACHINE OR COMPUTER BREAKDOWN OR MALFUNCTION, INTERRUPTION OR MALFUNCTION OF COMMUNICATION FACILITIES, LABOR DIFFICULTIES OR ANY OTHER SIMILAR OR DISSIMILAR CAUSE BEYOND THEIR REASONABLE CONTROL.

  • Disclaimer of Implied Warranties The warranty set forth herein is in lieu of, and ‘Reseller’ expressly disclaims all other product warranties of any kind whatsoever whether express, implied, statutory, arising by course of dealing or performance, custom, usage in the trade or otherwise, any warranty of merchantability, or fitness for a particular purpose, and in any event no such implied warranty has applicability beyond the time period covered by this warranty.

  • Representations and Warranties Limitation of Liability Each party hereby represents and warrants as follows: (i) it has full corporate power and authority to enter into this Agreement and to carry out the provisions hereof, (ii) it is duly authorized to execute and deliver this Agreement and to perform its obligations hereunder, (iii) this Agreement is a legal and valid obligation binding upon and enforceable according to its terms, (iv) the execution, delivery and performance of this Agreement by it does not conflict with any agreement to which it is a party or by which it may be bound, and (v) its website contemplated by this Agreement (HomeAdvisor in the case of MS, and the Company Site in the case of the Company), and the services provided pursuant thereto, shall be of a high nature, grade and quality and shall comply with all applicable laws and regulations throughout the term of this Agreement. EXCEPT AS SET FORTH ABOVE, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, A WARRANTY OF FITNESS FOR PURPOSE OR OF MERCHANTABILITY. OTHER THAN WITH RESPECT TO AN INDEMNIFIED CLAIM UNDER THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY), EVEN IF SUCH PARTY HAS BEEN ADVISED OF (OR KNOWS OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGES.

  • Disclaimer of Warranties Limitation of Liability EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, OPERATOR HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE AIRCRAFT, INCLUDING ANY WITH RESPECT TO ITS DESIGN, CONDITION, QUALITY OF MATERIALS AND WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AIRWORTHINESS OR SAFETY. EACH PARTY AGREES THAT (a) THE PROCEEDS OF INSURANCE TO WHICH IT IS ENTITLED, AND (b) ITS RIGHT TO DIRECT DAMAGES ARISING IN CONTRACT FROM A MATERIAL BREACH OF THE OTHER PARTY’S OBLIGATIONS UNDER THIS AGREEMENT ARE THE SOLE REMEDIES FOR ANY DAMAGE, LOSS, OR EXPENSE ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER OR CONTEMPLATED HEREBY. EXCEPT AS SET FORTH IN THIS SECTION, EACH PARTY WAIVES ANY RIGHT TO RECOVER ANY DAMAGE, LOSS, OR EXPENSE ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER OR CONTEMPLATED HEREBY. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR OR HAVE ANY DUTY FOR INDEMNIFICATION OR CONTRIBUTION TO THE OTHER PARTY FOR ANY CLAIMED INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES CONSISTING OF DAMAGES FOR LOSS OF USE OR DEPRECIATION OF VALUE OF THE AIRCRAFT, LOSS OF PROFIT OR INSURANCE DEDUCTIBLE. OPERATOR SHALL NOT BE LIABLE TO LESSEE FOR DELAY OR FAILURE TO PROVIDE THE AIRCRAFT AND FLIGHT CREW FOR ANY FLIGHTS. This Section 14 shall survive termination of this Agreement.

  • Warranty and Limitation of Liability PBI PROVIDES YOU WITH THE LIMITED WARRANTIES IN SECTION 1. PBGFS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT, AND PBGFS ISN’T LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT.

  • Warranties and Indemnification Employee warrants that he is not a party to any contract, restrictive covenant, or other agreement purporting to limit or otherwise adversely affecting his ability to secure employment with any third party. Alternatively, should any such agreement exist, Employee warrants that the contemplated services to be performed hereunder will not violate the terms and conditions of any such agreement. In either event, Employee agrees to fully indemnify and hold the Company harmless from any and all claims arising from, or involving the enforcement of, any such restrictive covenants or other agreements.

  • Warranties and Representations The Contractor warrants and represents that:

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