Product Operation Sample Clauses

Product Operation. 16.1 While all due care has been taken, ASC does not warrant that the operation of the Product will be uninterrupted or error free or that any third party components of the Product, will be accurate or error free or that the Product will be compatible with any application, program or software not specifically identified as compatible by ASC.
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Product Operation. RadView warrants that the Products, and each of them, will, upon their initial delivery to Ixia l be reasonably free from any Nonconformities, and will operate and run in a reasonable and efficient manner as described in, and in conformance with the specifications and the end user documentation for the particular Product for a period of ninety (90) days following such delivery of Product. Should any Nonconformity be detected during such period and reported to RadView by Ixia during such period, then provided that the Non-Conformity is replicable and Ixia provides to RadView the information and assistance reasonably required by RadView to recreate the Non-Conformity and the circumstances of its occurrence, RadView shall address any such replicable Nonconformity with an effort commensurate with its severity and shall prepare and deliver to Ixia, at no charge to Ixia, a Correction within a reasonable period of time, as evaluated based on the severity of the Nonconformity and the sufficiency of interim or partial remedies which might be available pending a final cure of the Nonconformity. In the event RadView is unable to deliver a Correction within a reasonable period of time, notwithstanding its use of commercially reasonable efforts to do so, then Ixia shall be entitled to receive Source Materials pursuant to the provisions of Section 13.3. with respect to the Product experiencing the Nonconformity solely for the purposes of developing a Correction for such Nonconformity. RadView will provide technical support to Ixia in developing a Correction using the Source Materials. Notwithstanding the foregoing, RadView shall not be responsible for Nonconformities which result from any modification of a Product not made or authorized by RadView. SUBJECT TO THE FOREGOING, RADVIEW DOES NOT WARRANT THAT THE PRODUCTS WILL PERFORM ERROR FREE OE WITHOUT INTERRUPTIONS, NOR DOES RADVIEW WARRANT THAT THE SOFTWARE WILL MEET IXIA’S REQUIRMENTS OR THE REQUIREMENTS OF IXIA’S CUTOMERS. Except as expressly provided for in this Section 21.4,Ixia agrees to bear the entire risk as to the adequacy and performance of the products. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 21.4, RADVIEW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE PRODUCTS AND USER DOCUMENTATION INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARSISING FROM THE COURSE OF DEALING BETWEEN THE PARTIES OE USAGE OF TRRA...
Sample 1
Product Operation. As used herein, the term “Nonconformity” shall mean any of the following, but only to the extent that they are material: a significant deviation from the published description, published specifications, any user documentation or any technical documentation. The G3 Products, and each of them and each version of them, will to Sellers’ Knowledge, be reasonably free from any Nonconformities (excluding bugs that fit historical bug profiles). Buyer acknowledges that G3 Nova has given Buyer access to some of G3 Nova’s customers, and an opportunity to evaluate each G3 Product, and each version of each G3 Product, to determine whether, in Buyer’s judgment, each G3 Product will operate and run in a reasonable and efficient manner as described in, and in conformance with the specifications and the end user documentation for the particular G3 Product or version.
Sample 1
Product Operation. For a period of two (2) years from the Effective Date, the Chariot Products, and each of them and each version of them, will be reasonably free from any Nonconformities, and each Chariot Product, and each version of each Chariot Product, will operate as described in, and in conformance with the specifications and the end user documentation for the particular Chariot Product or version. Notwithstanding the foregoing, NetIQ shall not be responsible for Nonconformities which result from any modification of a Chariot Product not made or authorized by NetIQ.
Sample 1
Product Operation. You agree that the Products, Modalities, and Hardware purchased shall be operated exclusively by duly qualified personnel in a safe and reasonable manner in accordance with the appropriate written instructions and for the purpose for which the Products were intended and, further, in compliance with standards of the National Bureauof Standards and the Departmentof Health and Human Services and similar governmental authorities, as revised from time to time. You agree to indemnify and hold the Company harmless from and against all claims, demands, actions, judgments, and costs, including reasonable attorney's fees, to theextent causedbyYour negligent act or omission arising out of or in connection with Your direct operation of the Products, Modalities, or Hardware.
Sample 1
Product Operation 
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Related to Product Operation

  • Co-operation 1. The Parties shall take all appropriate and necessary measures to ensure fulfilment of the obligations and objectives arising out of this programme agreement.

  • Business Operations Company will provide all necessary equipment, personnel and other appurtenances necessary to conduct its operations. Company will conduct its business operations hereunder in a lawful, orderly and proper manner, considering the nature of such operations, so as not to unreasonably annoy, disturb, endanger or be offensive to others on the Airport. Company will provide all services under this Agreement on a fair and reasonable basis to all users of the Airport. Service will be prompt, courteous and efficient.

  • Operations As of the date hereof, the Company has not conducted, and prior to the IPO Closing the Company will not conduct, any operations other than organizational activities and activities in connection with offerings of its securities.

  • Joint Operating Agreement (JOA) Within six (6) months from the Effective Date, the Participants shall enter into the Joint Operating Agreement which shall embody the principles stipulated in this JOA Heads of Agreement and it may include such other provisions as customarily used by international petroleum industry and shall continue in effect as long as the Contract is in effect. (End of Addendum One)

  • Ongoing Operations From the Effective Date through Closing:

  • Profitable Operations Borrower will not permit Consolidated Net Income (a) for any fiscal year, commencing with the fiscal year ending December 31, 2002, to be less than $1.00 and (b) for any two consecutive fiscal quarters (treated as a single accounting period) to be less than $1.00.

  • Banking Operations Enter into any new material line of business; change its material lending, investment, underwriting, risk and asset liability management and other material banking and operating policies, except as required by applicable law, regulation or policies imposed by any Governmental Authority; or file any application or make any contract with respect to branching or site location or branching or site relocation.

  • Marketing Services The Manager shall provide advice and assistance in the marketing of the Vessels, including the identification of potential customers, identification of Vessels available for charter opportunities and preparation of bids.

  • General Business Operations Each of the Loan Parties shall (i) preserve, renew and maintain in full force its legal existence and good standing under the Governmental Rules of the jurisdiction of its organization and each other jurisdiction where the failure to so preserve, renew or maintain could result in a Material Adverse Effect, and all of its rights, licenses, leases, qualifications, privileges franchises and other authority reasonably necessary to the conduct of its business, (ii) conduct its business activities in compliance with all Legal Requirements and Contractual Obligations applicable to such Person, (iii) keep all Property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted and from time to time make, or cause to be made, all necessary and proper repairs, except, in each case, where any failure, either individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect, (iv) maintain, preserve and protect all of its rights to enjoy and use material trademarks, trade names, service marks, patents, copyrights, licenses, leases, franchise agreements and franchise registrations (v) conduct its business in an orderly manner without voluntary interruption. The Borrower shall maintain its chief executive office and principal place of business in the United States.

  • PROJECT SERVICES Landlord shall furnish services as follows:

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