SECTION 17A definition
Examples of SECTION 17A in a sentence
SELLER IS NOT LIABLE FOR CLAIMS, DEMANDS, DAMAGES, OR LIABILITY ARISING FROM (I) CAUSES OUTSIDE THE SCOPE OF THE INSPECTION AS IDENTIFIED IN SECTION 17.A., (II) ANY CONDITION THAT OCCURS FOLLOWING THE INSPECTION AS IDENTIFIED IN SECTION 17.B., (III) FAILURE OF BUYER TO REPAIR OR REPLACE ANY EQUIPMENT OR COMPONENT AS IDENTIFIED IN SECTION 17.C., OR (IV) FLAWS THAT ARE NOT DETECTABLE BY OR WHOSE DETECTION IS LIMITED WHEN UTILIZING THE INSPECTION METHODS DESCRIBED IN SECTION 16.
YOUR SOLE REMEDY AGAINST JM FOR DISSATISFACTION WITH THE ZING OFFERINGS IS TO STOP USING THE ZING PLATFORM AND TO PURSUE ANY PROVEN DIRECT DAMAGES THAT YOU HAVE NOT WAIVED UP TO AN AMOUNT NOT TO EXCEED THE DAMAGES CAP SET FORTH IN SECTION 17.A BELOW.
Upon the execution and delivery by Seller of each of the documents and instruments to be executed and delivered by Seller at Closing pursuant to SECTION 1.7(A) (collectively, the "SELLER'S CLOSING DOCUMENTS"), each of Seller's Closing Documents will constitute the legal, valid, and binding obligation of Seller, enforceable against Seller in accordance with their respective terms.
EXCEPT AS SET FORTH IN THIS SECTION 17A, OCEAN SPRAY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CONCENTRATES, WHETHER EXPRESS OR IMPLIED AND EITHER IN FACT OR BY OPERATION OF LAW, AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE AND NONINFRINGEMENT.
If Purchaser purchases fewer than * units of the Products in any * period following the initial * period (i.e., * ), Seller shall no longer be bound by the restrictions of SECTION 17(A) of this Agreement.
Taubman, as escrow agent (the "ESCROW AGENT") under ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇nt (as defined in SECTION 1.7(A) below).
In the event the Seller does not notify the Buyer of any such dispute within such 45-day period or notifies the Buyer within such period that it does not dispute any item contained therein, the Working Capital Schedule delivered pursuant to SECTION 1.7(A) and the Buyer's calculation of the Net Working Capital shall be final and binding upon the Buyer and Seller.
If at any time following the initial * period of this Agreement, Purchaser purchases fewer than any minimum volume of the Products required by this Agreement, Seller shall not be bound to sell the Products to Purchaser upon the terms set forth in this Agreement, and in particular, without limitation, shall not be bound by the restrictions of SECTION 17(A) of this Agreement.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 17(A) OF THIS AGREEMENT OR IN THE CLOSING DOCUMENTS, SELLER DOES NOT, BY THE EXECUTION AND DELIVERY OF THIS AGREEMENT, AND SELLER SHALL NOT, BY THE EXECUTION AND DELIVERY OF ANY DOCUMENT OR INSTRUMENT EXECUTED AND DELIVERED IN CONNECTION WITH CLOSING, MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WHATSOEVER, WITH RESPECT TO THE PROPERTY, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
Upon the due execution and delivery by Seller of each of the documents and instruments to be executed and delivered by Seller at Closing pursuant to SECTION 1.7(A) (collectively, the "SELLER'S CLOSING DOCUMENTS"), each of Seller's Closing Documents will constitute the legal, valid, and binding obligation of Seller enforceable against Seller in accordance with their respective terms.