Warranties, indemnities and insurance. 15.1 Each Party represents and warrants to the other that -
Warranties, indemnities and insurance. (1) Praxis represents and Warrants to XXXXXXXXX that, as of the Closing Date:
Warranties, indemnities and insurance. 8.1 Kitov represents, warrants and covenants as follows:
Warranties, indemnities and insurance. 6.1 BMS warrants to NA that all Products purchased by NA under this Agreement:
Warranties, indemnities and insurance. 5.1 Assignor hereby represents and warrants that Assignors are the owner of all rights, title, and interest in the Intellectual Property and the Patent Assets, subject to a nonexclusive reservation of rights to Mayo to practice certain of the Patent Assets within, and limited to, Mayo, and that Assignor has the authority assign the Patent Assets pursuant to this Agreement and the Assignment. Assignor does not warrant the validity of the Intellectual Property or the Patent Assets and makes no representations whatsoever with regard to the scope of the Intellectual Property or Patent Assets or that the Intellectual Property or Patent Assets may be exploited by Assignee without infringing other patents or the intellectual property rights of third parties.
Warranties, indemnities and insurance. 9.1 The Supplier warrants that: • it shall manufacture -if applicable-, pack and supply each product in a professional manner and according to industry standards; taking into account the Order, the Technical Data, the specifications; • all products supplied under this Agreement will: - be free from all defects of any kind; - be of proper quality; - be fit for their intended purpose; - not be injurious to the health or safety of any person; - comply with the specifications and additional requirements on the Order; - possess all the qualities which the Supplier held out to TVH as a sample or model; - be in accordance with all relevant governmental and legal requirements applicable to products of that nature; - are in conformity with the applicable EU Regulations and Harmonized Standards (and their future adaptations), such as but not limited to the Machinery Directive (2006/42/EC), EMC Directive (2004/108/EC), Low Voltage Directive (2006/95/ EC), ATEX Directive (2014/34/EU), RoHS 2 Directive (2011/65/ EC), WEEE Directive (2012/19/EU), Batteries and accumulators Directive (2006/66/ EC), REACH regulation (1907/2006), CLP Regulation (1272/2008),...; and - not, directly or indirectly infringe the intellectual property rights of any third party; • it shall supply each product together with all legal- ly required data and documentation, such as, but not limited to, manuals, parts lists, copies of tech- nical documentation, test reports, all information required to demonstrate compliance with the EC regulation and standards, country of origin doc- umentation, safety data sheets, labelling (CLP). It shall keep these original documents and records, as well as the data used to issue such declarations or documents for a period of seven (7) years. Manuals (for use and maintenance) shall contain all legally required data and must be supplied on an electron- ic medium in English, at the latest upon delivery of the products.
Warranties, indemnities and insurance. 5.01. SELLER warrants that each Ingredient delivered to ALCON under this Agreement (a) shall have been manufactured, packaged, labeled, held and shipped in accordance with the Ingredient Standards and (b) will be free from defects in material and workmanship for a period of [* * *] from delivery to ALCON. SELLER also warrants to ALCON that SELLER has not been debarred and is not subject to debarment and will not use in any capacity, in connection with the services to be performed under this Agreement, any person who has been debarred pursuant to section 306 of the FFDCA, 21 U.S.C. § 335a, or who is the subject of a conviction described in such section (or undergoes any analogous proceedings under foreign law). SELLER shall not be obligated under the foregoing warranty to the extent any nonconformance in an Ingredient results from ALCON's mishandling, misuse or improper storage of the Ingredient.
Warranties, indemnities and insurance. 5.01 SELLER warrants that Product delivered to ALCON under this Agreement (a) shall have been manufactured, packaged, labeled, held and shipped in accordance with the written Product Specifications and quality control testing procedures for the Product; and (b) shall conform to the current good manufacturing practices applicable to the manufacturing of the Product as defined in Article 1.02; (c) shall conform to the procedures, terms and conditions set forth in Exhibit A; and (d) shall conform to the Product Standards as defined in Article 1.02; and (e) will be free from defects in material and workmanship for a period of twelve (12) months from delivery to ALCON. SELLER also warrants to ALCON that SELLER has not been debarred and is not subject to debarment and will not use in any capacity, in connection with the services to be performed under this Agreement, any person who has been debarred pursuant to section 306 of the FFDCA, 21 U.S.C. § 335a, or who is the subject of a conviction described in such section (or undergoes any analogous proceedings under foreign law). SELLER shall not be obligated under the foregoing warranty if any nonconformance in the Product results from ALCON’s mishandling, misuse or improper storage of the Product.
Warranties, indemnities and insurance. 17.1 Except as otherwise expressly provided in this Agreement, Faulding shall not be bound by or subject to any condition, warranty, obligation or liability of any kind whatsoever in connection with this Agreement, whether such condition, warranty, obligation or liability is implied or imposed by virtue of any applicable statute, statutory rule or regulation or the general law and whether arising out of negligence on the part of Faulding, its servants or agents or otherwise howsoever and Purepac shall indemnify and keep indemnified Faulding against all and any such actions, demands, obligations and liabilities.
Warranties, indemnities and insurance. 8.01 LIFECORE warrants that Product and Bulk White Stock delivered to ALCON under this Agreement (a) shall have been manufactured, packaged, labeled, held and shipped in accordance with the applicable Standards; (b) will not be adulterated or misbranded under the FFDCA, or under any other applicable laws, standards, rules, regulations or requirements; (c) may be introduced into interstate commerce pursuant to the FFDCA; and (d) will be free from defects in material and workmanship at the time of release to ALCON. LIFECORE also warrants to ALCON that LIFECORE has not been debarred and is not subject to debarment and will not use in any capacity, in connection with the services to be performed under this Agreement, any person who has been debarred pursuant to Section 306 of the FFDCA, 21 U.S.C. § 335a, or who is the subject of a conviction described in such section (or undergoes any analogous proceedings under foreign law). THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ARISING UNDER COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE). The liability of LIFECORE under this limited warranty does not extend to (i) the design of the Specifications by anyone other than LIFECORE, (ii) ALCON Materials, (iii) any abuse or misuse of a Product or Bulk White Stock by anyone other than LIFECORE or its agents, (iv) losses directly resulting from the use of any Product or Bulk White Stock after its expiration date by anyone other than LIFECORE, or (v) when further processing, handling, storage, or improper use by anyone other than LIFECORE,
