Inability to Exclude Warranties Sample Clauses

Inability to Exclude Warranties. If a jurisdiction applicable to this XXXX restricts the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of incidental, consequential, or special damages: (a) each warranty which cannot be excluded is limited in time to 60 days from the date of first delivery of the Software; and (b) OT's total liability to Licensee for breach of all such warranties are limited to the amount stated in the Limitation of Liability section.
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Inability to Exclude Warranties. Nothing in the XXXX purports to exclude, restrict or modify, any condition, warranty or guarantee implied by applicable law ("Implied Terms") where to do so would have the effect of rendering the XXXX void or otherwise unenforceable. To the maximum extent permitted by applicable law,(a) OT’s liability for breach of any Implied Terms is limited, at OT’s option, to the resupply of the goods or services; and (b) OT's total liability to Licensee for breach of all such Implied Terms is limited to the amount stated in the Limitation of Liability section.
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Inability to Exclude Warranties. If a jurisdiction applicable to this EULA restricts the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of incidental, consequential, or special damages: (a) each warranty which cannot be excluded is limited in time to 60 days from the date of first delivery of the Software; and (b) OT's total liability to Licensee for breach of all such warranties are limited to the amount stated in the Limitation of Liability section.
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Inability to Exclude Warranties. If a jurisdiction applicable to this Agreement restricts the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of incidental, consequential, or special damages, then (i) each warranty which cannot be excluded is limited in time to ninety (90) days from the effective date of the respective Purchase Order; and (ii) Cyberbit’s total liability for breach of all such warranties are limited as provided in Section titled “Limitation of Liability” below.
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Inability to Exclude Warranties. If a jurisdiction applicable to this XXXX restricts the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of consequential, or special damages: COMAEA's total liability to Licensee for breach of all such warranties are limited to the amount stated in the Limitation of Liability section.
Sample 1
Inability to Exclude Warranties. If a jurisdiction applicable to this XXXX restricts the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of incidental, consequential, or special damages: (a) each warranty which cannot be excluded is limited in time to 60-days from the date of first delivery of the Software; and (b) Rocket Software’s total liability to Licensee for breach of all such warranties are limited to the amount stated in the Limitation of Liability Section.
Sample 1
Inability to Exclude Warranties. IF A JURISDICTION APPLICABLE TO THIS AGREEMENT RESTRICTS THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES: (A) EACH WARRANTY WHICH CANNOT BE EXCLUDED IS LIMITED IN TIME TO SIXTY (60) DAYS FROM THE DATE OF FIRST DELIVERY OF THE OT PRODUCTS, OT SOFTWARE; AND (B) OT’S TOTAL LIABILITY TO PARTNER FOR BREACH OF ALL SUCH WARRANTIES ARE LIMITED AS PROVIDED IN SECTIONS 7.4 (EXCLUSION OF DAMAGES), 7.5 (LIMITATION OF LIABILITY), AND 7.6 (LIABILITY AND DAMAGES DISCLAIMER) BELOW.
Sample 1
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Inability to Exclude Warranties. Some jurisdictions do not allow the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of incidental, consequential, or special damages. If any jurisdiction having applicability to this XXXX does not permit any such exclusion or limitation: (a) each warranty which cannot be excluded shall be limited in time to sixty (60) days from the date of first delivery of the applicable Software; and (b) CC's total liability to Licensee for breach of any or all such warranties shall be limited to the amount stated in section 11.2 of this XXXX.
Sample 1

Related to Inability to Exclude Warranties

  • WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. Information Technology Staff Augmentation Services Contract No. 80101507-21-STC-ITSA Contract Exhibit F Resume Self-Certification Form Contractor’s candidates shall complete this Resume Self-Certification Form. Completed Resume Self-Certification Forms shall be submitted within the Contractor’s response to Customer’s requests for quote. “I the undersigned do hereby certify, under the penalty of perjury, that information in my resume submitted for consideration of the State of Florida contract position is true, correct, complete, and made in good faith to the best of my knowledge and belief. If an omission, falsification, misstatement, or misrepresentation has been made regarding my education, work ability, experience, employment history, and/or fitness for employment as a contractor, I may be disqualified as a contractor, and the matter will be reported to appropriate agency or law enforcement personnel. I understand that there may be civil and/or criminal penalties for misrepresenting pertinent information in connection with contract positions, including, but not limited to, penalties available under sections 287.133 or 817.566, Florida Statutes. I further understand that if I am not a United States citizen, violation cases may be reported to the US Department of Homeland Security for potential deportation.” “In addition, I the undersigned do hereby consent to the release of my information by employers, educational institutions, law enforcement agencies, and other individuals and organizations to investigators and other authorized agents of Florida for verification and investigation purposes. I understand that any documents submitted to procure a contract(s) with the State of Florida, including resumes, are public records.” Print Full Legal Name of Candidate Candidate’s Signature Date Candidate’s Form of Identification Presented Identification number Contractor’s Witness Signature One Date Contractor’s Witness Signature Two Date Print Name Contractor’s Witness One Print Name Contractor’s Witness Two Information Technology Staff Augmentation Services Contract No. 80101507-21-STC-ITSA Contract Exhibit G Contractor Selection Justification Form Customers shall complete this Contractor Selection Justification Form for each candidate selected and attach all completed forms to the purchase order. Date: Contractor’s Name: _ Contractor’s Contact Information: Candidate’s Name: Address: _ Phone: _ Email: _ Date Candidate will be available: _ Hourly rate of candidate: $ Position candidate recommended for: _ Justification for selection of candidate: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Agency: Division/Section/Unit: _ Printed Name: _ Title: _ Signature _ Date: Information Technology Staff Augmentation Services Contract No. 80101507-21-STC-ITSA Contract Exhibit H Contractor Performance Survey Note: This is an example of the questions contained in the Contractor Performance Survey. The actual survey will be provided in electronic form. Customers shall complete this Contractor Performance Survey for each Contractor on a quarterly basis. Customers will electronically submit the completed Contractor Performance Survey(s) to the Department Contract Manager no later than the due date indicated the Scope of Work. Contractor's Name: Quarter: Purchase Order (PO) Number: PO Total $ Amount: PO Starting Date Ending Date Please review the attached Rating Definitions and provide your opinion by rating the following: Quality of Service

  • Your liability to us (alleged) illegal use, etc

  • Warranties and Exclusions 6.1 Accenture warrants that the SaaS Services provided to Client pursuant to the Agreement will comply in all material respects with the Documentation. This warranty shall not apply where: (i) the Client’s or any Authorized User's access or use of the SaaS Services is not in accordance with the Agreement or with Accenture’s instructions; (ii) modification or alteration of the SaaS Services or any systems, software or other content or materials embodied therein is made by any Party other than Accenture; or (iii) the SaaS Services are being provided free of charge, or as a trial, pre-release or as a beta release.

  • Exclusion of Implied Warranties etc This Agreement expressly excludes any warranty, condition or other undertaking implied at law or by custom or otherwise arising out of any other agreement between the Parties and any representation by any Party not contained in a binding legal agreement executed by the Parties.

  • Representations Warranties Exclusive Remedies and Disclaimers 10. Mutual Indemnification

  • Customer’s Warranties The Customer warrants that:

  • Service Warranties Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and perform in accordance with the requirements of this Agreement and all applicable specifications and documentation. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JBE’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JBE.

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