Common use of Product Liability Claims Clause in Contracts

Product Liability Claims. The Company has never received a claim, or incurred any uninsured or insured liability, for or based upon failure to warn, Proposition 65, breach of product warranty (other than warranty service and repair claims incurred in the ordinary course of business and expensed as warranty or repair expense on the Latest Financial Statements for the period in which incurred), strict liability in tort, general negligence, negligent manufacture of product, negligent provision of services or any other allegation of liability, including or resulting in, but not limited to, product recalls, arising from the materials, design, testing, manufacture, packaging, labeling (including instructions for use) or sale of its products or from the provision of services ("Product Liability Claim"). The Company has disclosed to Parent each Product Liability Claim received by the Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (BSD Medical Corp)

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Product Liability Claims. The Neither the Company nor any Subsidiary has never ever received a claim, or incurred any uninsured or insured liability, for or based upon failure to warn, Proposition 65, breach of product warranty (other than warranty service and repair claims incurred in the ordinary course of business and expensed as warranty or repair expense on the Latest Financial Statements for the period in which incurred), strict liability in tort, general negligence, negligent manufacture of product, negligent provision of services or any other allegation of liability, including or resulting in, but not limited to, product recalls, arising from the materials, design, testing, manufacture, packaging, labeling (including instructions for use) or sale of its products or from the provision of services ("Product Liability Claim"). The Company has disclosed to Parent each Product Liability Claim received by the Company.Product

Appears in 1 contract

Samples: Agreement and Plan of Merger (American Medical Systems Holdings Inc)

Product Liability Claims. The Company has never received a claim, or incurred any uninsured or insured liability, for or based upon failure to warn, Proposition 65, breach of product warranty (other than warranty service and repair claims incurred in the ordinary course of business and expensed as warranty or repair expense on the Latest Financial Statements for the period in which incurred), strict liability in tort, general negligence, negligent manufacture of product, negligent provision of services or any other allegation of liability, including or resulting in, but not limited to, product recalls, arising from the materials, design, testing, manufacture, packaging, labeling (including instructions for use) or sale of its products or from the provision of services ("β€œProduct Liability Claim"”). The Company has disclosed to Parent each Product Liability Claim received by the Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (American Medical Systems Holdings Inc)

Product Liability Claims. The Neither the Company nor any Subsidiary has never ever received a claim, or or, to its knowledge, incurred any uninsured or insured liability, for or based upon failure to warn, Proposition 65, breach of product warranty (other than warranty service and repair claims incurred in the ordinary course of business and expensed as warranty or repair expense on the Latest Financial Statements for the period in which incurred), strict liability in tort, general negligence, negligent manufacture of product, negligent provision of services or any other allegation of liability, including or resulting in, but not limited to, product recalls, arising from the materials, design, testing, manufacture, packaging, labeling (including instructions for use) or sale of its products or from the provision of services ("Product Liability Claim"). The Company has disclosed to Parent each Product Liability Claim received by the CompanyCompany or any Subsidiary.

Appears in 1 contract

Samples: Agreement and Plan of Merger (American Medical Systems Holdings Inc)

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Product Liability Claims. The Company has never received a written claim, or or, to its knowledge, incurred any uninsured or insured liability, for or based upon failure to warn, Proposition 65, breach of product warranty (other than warranty service and repair claims incurred in the ordinary course of business and expensed as warranty or repair expense on the Latest Financial Statements for the period in which incurred), strict liability in tort, general negligence, negligent manufacture of producta Company Product, negligent provision of services or any other allegation of liability, including or resulting in, but not limited to, product recalls, arising from the materials, design, testing, manufacture, packaging, labeling (including instructions for use) or sale of its products or from the provision of services ("Product Liability Claim"). The Company has disclosed to Parent each Product Liability Claim received by the Companyservices.

Appears in 1 contract

Samples: Execution Copy Option and Asset Purchase Agreement (Ats Medical Inc)

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