Guarantee Compensation Clause Samples
Guarantee Compensation. 11.1 The AP-HP declares and guarantees to ACER that it is fully empowered to grant it the rights subject of this Agreement. Subject to the foregoing, the AP-HP does not grant ACER any other warranty, of any kind, express or implied; however, the AP-HP warrants that it has complied with the requirements of the French Data Protection Act
Guarantee Compensation. 11.1 The AP-HP declares and guarantees to ACER that it is fully empowered to grant it the rights subject of this Agreement. Subject to the foregoing, the AP-HP does not grant ACER any other warranty, of any kind, express or implied; however, the AP-HP warrants that it has complied with the requirements of the French Data Protection Act ("Informatique et Libertés" Act n° 78-17 dated January 6 1978) and the French Public Health Code concerning the BBEST clinical trial.
11.2 Nothing in this Agreement shall be construed as: • constituting a guarantee of present or future non-violation of patents of third parties or any other intellectual property right of third parties, • constituting a guarantee of the safety, performance or fitness for a particular purpose, of interventions of any type (for example: medication, medical devices), the subject of or involved in the Research. The possible hazards, risks and dangers as regards the performance of the present Agreement are the sole responsibility of ACER.
11.3 Under no circumstances, the AP-HP's responsibility shall be engaged by a third party for damages related to the use by ACER of the BBEST Information. ACER guarantees the AP-HP and the members of its staff against any recourse that might be brought against them by reason of damage to persons or property, suffered during possession and use of the BBEST Information and the marketing of the Product by ACER, with the exception of any case of gross negligence or wilful misconduct by the AP-HP related to the AP-HP’s obligations pertaining personal data and privacy protection according to the French Law. ACER renounces undertaking any action against the AP-HP in the event where these claims, requests, legal proceedings or actions would be made against ACER by third parties, with the exception of any case of gross negligence or wilful misconduct by the AP-HP related to the AP-HP obligations pertaining personal data and privacy protection according to the French Law.
11.4 ACER will ensure that it has the necessary insurance to sufficiently cover its liability in the performance of the present Agreement.
11.5 ACER warrants the AP-HP against any prosecution that would be implemented against the latter on the basis of a fault committed by ACER without AP-HP having participated actively in the realisation of the offence or the damage at the origin of the conviction.
11.6 ACER will be solely responsible for any claims, demands, legal proceedings and actions brought by third...
Guarantee Compensation. A- In the event of breaching any of the guarantees mentioned in Section A and B of Clause 7, without prejudice to any other right or compensation available to the Purchaser, including the Purchaser's compensation rights under this agreement, at the Purchaser's request and at the supplier's expense, the supplier shall refund purchase price, correct or replace the damaged goods, or re-perform the affected services within 10 days after the Purchaser notifies the supplier of a breach of warranty. The supplier shall bear all associated costs, including re-performance costs, inspection costs for goods and / or services, transportation of goods from the Purchaser to the supplier, return shipping to the Purchaser and costs resulting from supply chain disruptions. If goods are corrected, replaced or services re- performed, the guarantees in Section 7A) shall continue being valid with regard to corrected or replaced goods for the other goods warranty period starting from the date on which the Purchaser accepts the corrected or replaced goods. If the supplier fails to repair or replace the product within the above required periods, the Purchaser may repair or replace the goods at the supplier's expense.
B- If any goods provided by the supplier to the Purchaser are subject to a claim or allegation of infringement of a third party’s intellectual property rights, the supplier shall, at his choice and at his own expense, without prejudice to any other right or compensation of the Purchaser, including the Purchaser's compensation rights under this Agreement, promptly provide the Purchaser with a commercially reasonable alternative, including the Purchaser's purchase of the right to continue to use the goods in question, or the replacement of these goods with a non- infringing and Manufacturer replacement for the Purchaser, or modification of these goods without affecting the job to making it non-infringing.