Disclaimer of Certain Warranties Clause Samples

Disclaimer of Certain Warranties. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 11 ABOVE, LICENSOR MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IF ANY OF THE FOREGOING DISCLAIMERS IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ONLY THE INVALID DISCLAIMER SHALL BE STRICKEN AND ALL OTHERS WILL REMAIN IN FULL FORCE AND EFFECT.

Disclaimer of Certain Warranties. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 7, THE DELIVERABLES PROVIDED BY ▇▇▇▇ TO CUSTOMER ARE PROVIDED BY ▇▇▇▇ “AS IS” WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING, WITHOUT LMIITATION, (1) WARRANTIES AS TO MERCHANTABILITY OR USE FOR A PARTICULAR PURPOSE (INCLUDING, WITHOUT LIMITATION, INVESTMENT DECISIONS), WHETHER OR NOT ▇▇▇▇ KNOWS OR HAS REASON TO KNOW OR HAS BEEN ADVISED OF ANY SUCH PURPOSE, (2) WARRANTIES AS TO ANY RESULTS TO BE OBTAINED FROM ANY USE OF THE DELIVERABLES OR INFORMATION DERIVED FROM THE DELIVERABLES AND (3) ANY WARRANTY OF NONINFRINGEMENT. FURTHERMORE, ▇▇▇▇ MAKES NO GUARANTEE AS TO THE EFFICACY OR VALUE OF SUCH DELIVERABLES.

Disclaimer of Certain Warranties. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY ▇▇▇▇▇▇: (A) THAT THE PRACTICE BY THE IP LICENEES OF THE LICENSES GRANTED HEREUNDER WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; AND (B) THAT COMMERCIALLY ACCEPTABLE RESULTS WILL BE OBTAINED IN USING OR PRACTICING ABACUS’ INTELLECTUAL PROPERTY, OTHER THAN AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ▇▇▇▇▇▇ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND REGARDING THE INTELLECTUAL PROPERTY, INCLUDING ANY WARRANTIES REGARDING THE SAFETY, SUITABILITY OR USABILITY OF ANY PRODUCT OR SERVICE UTILIZING ANY OF ITS INTELLECTUAL PROPERTY OR THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCT OR SERVICE.

Disclaimer of Certain Warranties. EXCEPT AS SET FORTH HEREIN, CLENE PROVIDES THIS AGREEMENT AND THE LICENSE HEREUNDER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF SUFFICIENCY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, AND RELIABILITY.

Disclaimer of Certain Warranties. EXCEPT AS EXPRESSLY PROVIDED IN ARTICLE 11.1, SELLER MAKES NO WARRANTIES OF ANY KIND OR CHARACTER EITHER EXPRESS OR IMPLIED UNDER THIS AGREEMENT. SELLER EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE CARBON DIOXIDE DELIVERED HEREUNDER.

Disclaimer of Certain Warranties. (i) It is the explicit intent and understanding of each party hereto that neither party hereto or any of such party’s Affiliates or Representatives is making any representation or warranty whatsoever, oral or written, express or implied, as to the accuracy or completeness of any information regarding the Business, the Transferred Assets or the Assumed Liabilities, except as expressly set forth in this Agreement, and neither party hereto is relying on any statement, representation or warranty, oral or written, express or implied, made by the other party hereto or such other party’s Affiliates or Representatives, except for the representations and warranties expressly set forth in this Agreement. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SELLER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES RELATING TO THE MAINTENANCE, REPAIR, CONDITION, DESIGN, PERFORMANCE OR MARKETABILITY OF ANY TRANSFERRED ASSET, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (ii) None of the Seller, any of its Affiliates or any other Person shall have or be subject to any liability to the Buyer or any other Person with respect to any information, documents or materials furnished by the Seller, any of its Affiliates or any of their respective Representatives to the Buyer, including the Confidential Information Memorandum dated May 2005 prepared by R▇▇▇▇▇ ▇. ▇▇▇▇▇ & Co. Incorporated and any information, documents or material made available to the Buyer and its Representatives in certain “data rooms,” management presentations or any other form in expectation of the transactions contemplated hereby. Without limiting the generality of the foregoing, in connection with the Buyer’s investigation of the Business, the Buyer has received certain estimates, projections and other forecasts regarding the Business and the Transferred Assets, including those contained in the Confidential Information Memorandum dated May 2005 prepared by R▇▇▇▇▇ ▇. ▇▇▇▇▇ & Co. Incorporated, and the Buyer acknowledges that (A) there are uncertainties inherent in attempting to make such estimates, projections and other forecasts, (B) the Buyer is familiar with such uncertainties, (C) that the Buyer is taking full responsibility for making its own evaluation of the adequacy and accuracy of all estimates, projections and other forecasts so furnished to it (including the reasonablenes...

Disclaimer of Certain Warranties. TO THE MAXIMUM EXTENT PERMISSIBLE IN LAW, EXCEPT FOR THE WARRANTIES SPECIFICALLY SET FORTH IN THIS ARTICLE 9 EACH PARTY DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE ELEVANCE PRODUCTS AND THE CLARIANT PRODUCTS INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

Disclaimer of Certain Warranties. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, BOCA AND NETWOLVES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT.

Disclaimer of Certain Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9 (REPRESENTATIONS AND WARRANTIES OF THE CORPORATION), THE CORPORATION MAKES NO OTHER WARRANTIES WITH RESPECT TO THE DESIGNATED PRODUCTS AND THE DESIGNATED SERVICES AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, WHETHER ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.