No Further Warranties. EXCEPT AS EXPRESSLY STATED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITH REGARD TO PRODUCTS, SERVICES OR ANY OTHER ITEMS OR MATTERS ARISING HEREUNDER, VENDOR (INCLUDING ITS SUPPLIERS) MAKES NO OTHER EXPRESS WARRANTIES, WRITTEN OR ORAL, AND DISCLAIMS ALL IMPLIED WARRANTIES. INSOFAR AS PERMITTED UNDER APPLICABLE LAW, ALL OTHER WARRANTIES ARE SPECIFICALLY EXCLUDED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON‐INFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE.
No Further Warranties. In respect of information or materials, Background and Foreground supplied by one Party to another under the Project, no warranty or representation of any kind is made, given or implied as to the sufficiency, accuracy or fitness for purpose of such information, nor as to the absence of any infringement of any proprietary rights of third parties. The receiving Party shall be entirely and solely liable for its use of the information and materials, Background and Foreground provided by another Party under this Consortium Agreement. Each Party shall be fully liable for the performance of any part of its part of the Project as set out in the Project Plan, in respect of which it enters into any contract with a third party (i.e. a subcontractor).
No Further Warranties. Except for the warranty set forth herein, and to the maximum extent permitted by law, RSA (INCLUDING ITS SUPPLIERS) MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, WRITTEN OR ORAL. INSOFAR AS PERMITTED UNDER APPLICABLE LAW, ALL OTHER WARRANTIES ARE SPECIFICALLY EXCLUDED, INCLUDING WARRANTIES ARISING BY STATUTE, COURSE OF DEALING OR USAGE OF TRADE.
No Further Warranties. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE PRODUCTS OR THE MERCHANTABILITY OR FITNESS THEREOF FOR ANY PURPOSE.
No Further Warranties. Except as expressly stated in the Agreement or the applicable Schedules, and to the maximum extent permitted by applicable law, with regard to Products, Support Services and any other items, Services, or matters arising under this OTS, Supplier (including its Providers) makes no other express warranties, written or oral, and disclaims all implied warranties. Insofar as permitted under applicable law, all other warranties are specifically excluded, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising by statute, operation of law, course of dealing or performance, or usage of trade, Supplier and its Providers do not warrant that the Software will operate uninterrupted or that it will be free from defects or that it will meet OEM’s requirements.
No Further Warranties. The warranties set forth in this Article 5 are the only representations and warranties that Seller is making to the Buyer, and Seller expressly disclaims all other implied, verbal, or similar promises, representations or warranties of any kind or set forth in any other document.
No Further Warranties. Warranty is restricted to what is expressly set forth in this Agreement and the applicable exhibits. EMC (including its Suppliers) does not give any express or implied warranties beyond the foregoing. Public statements of EMC or its Affiliates on features of Products are only binding upon EMC if those are expressly referred to documentation that is part of the contract between Buyer and EMC.
No Further Warranties. EXCEPT AS SPECIFIED IN SECTION 6, “WARRANTIES” THE SOFTWARE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, CORE SHALL HAVE NO FURTHER LIABILITY FOR THE SOFTWARE OR ANY SERVICES PROVIDED IN FURTHERANCE OF THIS AGREEMENT; CORE MAKES AND CUSTOMER RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION; AND CORE SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
No Further Warranties. The warranties by the Parties set out in this Agreement are in lieu of all other warranties or conditions, express or implied, including the implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, and infringement and those arising by statute or otherwise in law or from the course of dealing or usage of trade.
No Further Warranties. As to the Site; Delivery of the Site “As Is”; Release of Agency Re Site. Developer agrees that the Agency is under no obligation hereunder to perform any further tests, studies or other investigation of the Site prior to the Office Building Closing. Except as otherwise provided herein, including this Section 208.3, the Environmental and Physical Condition of the Site is and shall be delivered from Agency to Developer in an “as-is” condition, with no warranty expressed or implied by Agency, including without limitation, the condition of the Real Property and/or the Building, the presence of Hazardous Materials or the condition of the soil, its geology, the presence of known or unknown seismic faults, or the suitability of the Site for the purposes intended hereunder. Developer hereby waives, releases and discharges forever the Agency and the City, and their employees, officers, agents and representatives, from all present and future claims, demands, suits, legal and administrative proceedings and from all liability for damages, losses, costs, liabilities, fees and expenses, present and future, arising out of or in any way connected with the Agency’s or Developer’s use, maintenance, ownership or operation of the Site, the condition of the Real Property and/or the Building, any Hazardous Materials in the Building or otherwise on the Site, or the existence of Hazardous Materials in any state in the Building or otherwise on the Site, however they came to be placed there, except that arising out of the intentional misconduct of the Agency or City or their employees, officers, agents or representatives, or the breach of the express representations and/or warranties contained in Section 206.1(h). Developer acknowledges that it is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” As such relates to this Section 208.3, Developer hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code.
