Breach of Warranties definition

Breach of Warranties means: a Breach of Warranties as defined in Article 12 of this Agreement;
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Breach of Warranties shall be deemed to mean:
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Breach of Warranties means, in respect of any of the Seller’s Warranties, that all or part of the facts stated therein are untrue, inaccurate or misleading, on the date of this Agreement and on the Closing Date (or such other date as the relevant Seller’s Warranty expressly refers to).
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Examples of Breach of Warranties in a sentence

  • Plaintiffs seek compensatory damages and punitive damages.This matter is presently before the Court on the motion of defendants Comair, Inc., Comair Services, Inc., and Comair Holdings, LLC (collectively “Comair”) for Partial Summary Judgment on Certain Plaintiffs' claims for Breach of Warranties.

  • The motion of defendants Comair, Inc., Comair Services, Inc., and Comair Holdings, LLC for Partial Summary Judgment on Certain Plaintiffs' claims for Breach of Warranties [DE #2135] is GRANTED.

  • Certain Plaintiffs’ claims for Breach of Warranties against the Comair defendants (Comair, Inc., Comair Services, Inc., and Comair Holdings, LLC) are DISMISSED.This July 2, 2008.

  • CGC-15-547125, CGC-15-546632 (Complaint for Damages, Breach of Warranties, etc.) This agenda is subject to revision and may be amended prior to the scheduled meeting.

  • Remedies for Breach of Warranties AquaTech’s remedies for Natare’s breach are governed by Tenn.

  • The Second Amended Complaint asserts the following claims against the defendants: (1) Count I – Negligence against Met-Ed; (2) Count II – Breach of Warranties against Met-Ed; (3) Count III – Strict Liability against Met-Ed; (4) Count IV – Negligence against Itron; (5) Count V – Strict Liability against Itron; (6) Count VI – Negligence against Wellington Energy; and (7) Count VII – Breach of Contract against Wellington Energy.

  • Defendant’s motion to dismiss Count IV (Breach of Warranties) is GRANTED.

  • KAITRYANNA PIZZA INC.Motion No. 001Page 12 of 22 Therefore, the branch of the defendants’ motion seeking summary judgment dismissing the plaintiff’s first, second, and third causes of action, and on the defendants’ first counterclaim is denied.B. Second Counterclaim (Breach of Warranties) The defendants’ second counterclaim seeks to recover for the plaintiff’s alleged failure to meet the express warranties set forth in the POS contract as well as the implied warranties of fitness and merchantability.

  • In that regard, the Court notes that the Complaint brings three claims: (1) To Quiet Title; (2) Interpleader; and (3) Alternative Claim for Breach of Warranties.

  • That is, as noted above, theComplaint brings three claims: (1) To Quiet Title; (2) Interpleader; and (3) Alternative Claim for Breach of Warranties.


More Definitions of Breach of Warranties

Breach of Warranties means any circumstance that causes a Warranty, individually or together with any one or more other Warranties, to be wholly or partly untrue or inaccurate; BUSINESS ASSETS means the Adjuvants Application, the Business Know-how, the Business Intellectual Property, the Business Records, the Trade Xxxx and the Stock, excluding any Intellectual Property resulting from the preclinical studies of a prostate cancer vaccine-with GnRH-KLH antigen conducted by Pepscan Systems B.V. In 2004 on pigs, and in 2005/06 on rabbits but, for the avoidance of doubt, including all Intellectual Property subsisting in, or with respect to, the vaccine adjuvant "CoVaccine HT";
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Breach of Warranties means any breach of any of the Warranties;
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Related to Breach of Warranties

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Warranties - means collectively any and all warranties (if any) given by the Bidder in terms of this agreement.

  • Seller’s Warranties means the warranties given by the Seller pursuant to Clause 9 and Schedule 9, and “Seller’s Warranty” means any one of them;

  • Warranty means a warranty made solely by the manufacturer,

  • Breach of Duty means the Director or Officer breached or failed to perform his or her duties to the Corporation and his or her breach of or failure to perform those duties is determined, in accordance with Section 8.04, to constitute misconduct under Section 180.0851 (2) (a) 1, 2, 3 or 4 of the Statute.

  • Representations means the written Representations and Warranties provided by Borrower to Silicon referred to in the Schedule.

  • Tax Warranties means the warranties set out in part 3 of schedule 8 (Tax)

  • Breach of system security means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. Business and Commerce Code 521.053(a)

  • Seller Warranties means the warranties given by the Seller in Schedule 3;

  • Misrepresentation has the meaning ascribed thereto in the Securities Act;

  • Product Liability means any liability, claim or expense, including but not limited to attorneys’ fees and medical expenses, arising in whole or in part out of a breach of any express or implied product warranty by the Company, strict liability in tort, negligent manufacture of product, negligent provision of services, product recall, or any other allegation of liability arising from the design, testing, manufacture, packaging, labeling (including instructions for use), or sale of products.

  • Purchaser’s Warranties means the warranties and representations given by the Purchasers pursuant to Clause 5.2 and Schedule 2 and “Purchasers’ Warranty” means any one of them;

  • Warranty Rights means the Warranty Rights as described in Schedule I to the Participation Agreement.

  • Purchaser Warranties shall have the meaning ascribed to the term in Clause 8.1;

  • Limited Warranty means the limited warranties and your coverage provided by IKO for your Shingles as expressly set out in this document, and are the only warranties being provided by IKO.

  • Breach means the acquisition, access, use, or disclosure of PHI in a manner not permitted 9 under the HIPAA Privacy Rule which compromises the security or privacy of the PHI.

  • Fundamental Representations and Warranties means the representations and warranties contained in Sections 3.1, 3.2, 3.6, 4.1 and 4.3.

  • Willful Breach means a material breach that is a consequence of an act undertaken or a failure to act by the breaching party with the knowledge that the taking of such act or such failure to act would, or would reasonably be expected to, constitute or result in a breach of this Agreement.

  • Express warranty means an express warranty as set forth in sections 4-2-313 and 4-2.5-210, C.R.S. An express warranty shall cover every part of a new facilitative device.

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Products Liability means:Your legal liability in respect of Personal Injury and/or Property Damage caused by or arising out of any Products or the reliance upon a representation or warranty made at any time with respect to such products; but only where such Personal Injury and/or Property Damage occurs away from premises owned or leased by or rented to You and after physical possession of such products has been relinquished to others.

  • Tort means in breach of contract.

  • Intentional Breach means, with respect to any agreement or covenant of a party in this Agreement, an action or omission taken or omitted to be taken by such party in material breach of such agreement or covenant that the breaching party intentionally takes (or fails to take) with actual knowledge that such action or omission would, or would reasonably be expected to, cause such material breach of such agreement or covenant.

  • Indemnifiable Damages shall have the meaning set forth in Section 9.1 herein.

  • Representations and Warranties The energy service under this Agreement will meet the applicable LDU’s standards and may be supplied from a variety of sources. Tomorrow Energy makes no representations or warranties other than those expressly set forth in this Agreement, and Tomorrow Energy expressly disclaims all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.