Limited Warranty and Indemnification. (a) BlueSnap warrants to Merchant that the Customizations will be performed in a professional and workmanlike manner. If, within ten (10) days after the completion of any defined portion or segment of the Customizations, Merchant notifies BlueSnap that such portion or segment of the Customizations was not performed in conformance with such warranty, BlueSnap will re-perform or correct such portion or segment of the Customizations so that it conforms to such warranty. The foregoing states BlueSnap’s sole liability and Xxxxxxxx’s sole remedy in the event of a breach of this Section.
Limited Warranty and Indemnification. We promise to operate within these levels of quality concerning Data with indemnity ATPCO WILL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT DATA SUPPLIED BY PARTICIPANT OR A THIRD PARTY OR SOURCED DIRECTLY BY ATPCO IS PROMPTLY AND ACCURATELY INCORPORATED INTO ATPCO’S DATA BASE AND MADE AVAILABLE FOR DISTRIBUTION IN ACCORDANCE WITH THE APPROPRIATE INDUSTRY, BILATERAL, OR MULTILATERAL AGREEMENT AND PARTICIPANT’S WRITTEN INSTRUCTIONS; HOWEVER, ATPCO CANNOT AND DOES NOT WARRANT THE TIMELINESS, ACCURACY, OR COMPLETENESS OF THE DATA OR ITS SUBSEQUENT DISTRIBUTION, NOR CAN IT ASSUME ANY LIABILITY FOR DAMAGES, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM ANY DELAY IN, OR ERROR, OR OMISSION MADE IN THE COURSE OF THE INCORPORATION OR DISTRIBUTION OF THE DATA OR MADE IN THE COURSE OF PROCESSING TRANSACTIONS. PARTICIPANT SHALL INDEMNIFY AND HOLD ATPCO, ITS OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES, INCLUDING ATTORNEYS, HARMLESS FROM ALL CLAIMS OR SUITS, BY WHOMSOEVER BROUGHT (INCLUDING WITHOUT LIMITATION, ALL FEES ASSOCIATED WITH THE DEFENSE OF ANY SUCH CLAIM OR SUIT INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND EXPENSES AND EXPERT WITNESS FEES AND EXPENSES) ARISING FROM THE USE OF THE DATA OR TRANSACTIONS BY PARTICIPANT, BY ANY OF PARTICIPANT’S VENDORS OR BY ANY THIRD-PARTY RECEIVING THE DATA. This is our promise and indemnity for our Software Applications ATPCO will use commercially reasonable efforts to ensure that the Software Applications will operate error free. Notwithstanding the foregoing, ATPCO cannot and does not assume any liability for consequential damages resulting from Participant’s use of the Software Applications. THE SOFTWARE APPLICATIONS ARE PROVIDED “AS IS,” AND ATPCO MAKES NO (AND HEREBY DISCLAIMS ALL) REPRESENTATIONS WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ALL LIABILITY OF ATPCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO PARTICIPANT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE ATPCO COMMUNITY PARTICIPATION FEE PAID BY PARTICIPANT DURING THE MONTH THE INCIDENT GIVING RISE TO THE CLAIM. This limitation of liability for the Software Applications is cumulative and not per incident. Nothing in these terms and conditions limits or excludes any liability that cannot...
Limited Warranty and Indemnification. 8.1. Each party warrants to the other that:
Limited Warranty and Indemnification x. Xxxxx warrants that they have the lawful right to grant this license.
Limited Warranty and Indemnification. 18.1. In the event that the PRODUCTS do not conform to the Specifications and such failure does not result from the fault, negligence or wilful misconduct of FIOCRUZ or any of its Affiliates or their directors, officers, agents or employees, CHEMBIO shall replace them immediately upon written request by FIOCRUZ, as set forth in Section 8.4 above. In the event that there is a disagreement between the Parties as to the conformity of the PRODUCTS to the Specifications, a neutral third Person, mutually agreed upon, shall test the PRODUCTS. The Party whose assertion as to the conformity or non-conformity of the PRODUCTS is not confirmed by such neutral review shall bear the costs of carrying out such review. FIOCRUZ shall return the non-conforming PRODUCTS at its own cost, unless it is determined that the non-conforming PRODUCTS do not meet Specifications. In such event, in addition to replacing the non-conforming PRODUCTS, CHEMBIO will reimburse FIOCRUZ for the costs of returning the non-conforming PRODUCTS.
Limited Warranty and Indemnification. 8.1 Limited Warranty. (a) deleted.
Limited Warranty and Indemnification. 8.1. THIS OPTION AND THE ASSOCIATED PATENT RIGHTS ARE WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. LAB AND DOE MAKE NO REPRESENTATION OR WARRANTY THAT LICENSED PRODUCTS WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. IN NO EVENT WILL LAB OR DOE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM EXERCISE OF THIS OPTION OR THE USE OF INVENTIONS AND TECHNOLOGY COVERED BY PATENT RIGHTS.
Limited Warranty and Indemnification. 12.1. If CUSTOMER is not satisfied with any GOODS from COMPANY, they should immediately contact COMPANY or a MANUFACTURER REPRESENTATIVE.
Limited Warranty and Indemnification. 3.1 You agree, at your own expense, to indemnify, defend and hold harmless Statista, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all loss, damage and expense, including reasonable attorney’s fees, and amounts paid in settlement arising from any and all third party claims that: (i) arise out of your use of the Online Services in violation of this Agreement; (ii) violate or breach this Agreement and in turn infringes such party’s intellectual property rights. You shall have the right, at your expense, to assume the exclusive defense and control of any such matter and Statista will fully cooperate with you in asserting any available defense. This indemnification is contingent on Statista providing prompt notice to you of any such third party claim and shall not apply if the claim stems from any negligence, willful misconduct, or breach of this Agreement by Statista.
Limited Warranty and Indemnification
