WARRANTIES AND LIMITATIONS OF LIABILITIES Sample Clauses

WARRANTIES AND LIMITATIONS OF LIABILITIES. 8.1 JBC Energy warrants that it will use reasonable care and skill in providing the Services and that these services will be performed by appropriately qualified and trained personnel with due care skill and diligence and in a good workmanlike manner and in accordance with good industry practice. 8.2 JBC Energy provides no other warranty and in particular provides no warranty that any result or objective can or will be achieved or attained by the provision of the Services. 8.3 Except in the case of death or personal injury caused by JBC Energy’s negligence, the liability of JBC Energy under or in connection with this SSA whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Subscription Fees paid by the Client under this SSA. 8.4 Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business, reputation or goodwill. 8.5 In the event that the Client provides information to JBC Energy, that is not or does not become public knowledge; is not lawfully in the possession of the receiving party without restriction in relation to disclosure before the date of receipt; is not legally required to be disclosed; or has not been independently developed or acquired by JBC Energy, the Client shall indemnify and hold harmless JBC Energy from all Claims and Losses against JBC Energy, its employees or analysts by reason of or arising out of any information supplied to JBC Energy by the Client within or without the scope of this SSA whether as a result of the infringement of third party intellectual property rights or otherwise. 8.6 JBC Energy, its employees or analysts shall not be liable to the Client for any Claims and Losses by reason of or arising out of any information supplied to the Client. “Claims” shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and “Losses” shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.

WARRANTIES AND LIMITATIONS OF LIABILITIES. 7.1 JBC Energy warrants that it will use reasonable care and skill in providing the Trial Services and that these Trial Services will be performed by appropriately qualified and trained personnel with due care and diligence and in a good workmanlike manner in accordance with good industry practice. 7.2 JBC Energy provides no other warranty and in particular provides no warranty that any result or objective can or will be achieved or attained by the provision of the Trial Services. 7.3 In no event shall JBC Energy, its employees, or its analysts be liable to the Trial Client for any direct or indirect Claims and Losses whether arising in contract, tort, negligence, breach of statutory duty or otherwise. “Claims” shall mean all demands, claims, proceedings, penalties, fines, and liability (whether criminal or civil, in contract, tort or otherwise); and “Losses” shall mean all losses including without limitation financial losses, damages, legal costs, and other expenses of any nature whatsoever.

WARRANTIES AND LIMITATIONS OF LIABILITIES. COMPANY MAKES NO WARRANTY, EXPRESSED OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY CLIENT OR OTHERS FROM THE USE OF THE LICENSED PRODUCT OR THE SERVICES, OR THE EQUIPMENT BY WHICH THE SERVICES ARE PROVIDED, AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF USE. Company, its officers, employees, suppliers, and it’s third-party agents shall have no responsibility or liability, contingent or otherwise, for any injury or damages, whether caused by the negligence of Company, its employees, sub-contractors, agents, equipment vendors or otherwise, arising in connection with the Services rendered under this agreement, or in the use or installation of the Authorized Equipment and the Company shall not be liable for any lost profits, losses, punitive, incidental, or consequential damages or any claim against Client by any other party. The Company shall have no liability or responsibility for any injuries or damages caused by the Authorized Equipment or by delays or interruptions of the Services, from whatever cause, and shall not be liable for damages arising from the use or presence of the Authorized Equipment on Client’s premises. Client further agrees that the Company is not responsible for any fault, inaccuracy, omission, delay or any other failure in the Services caused by the Client’s hardware, software, cabling, network services (“Client’s Equipment”), or arising from Client’s use of the Services in connection with such equipment. Client shall indemnify Company and hold it harmless and at Client’s expense, defend the Company against any loss, claim, demand, or expense (including reasonable attorneys’ fees) arising in connection with the use of the Services by Client. To the extent permitted by law, Client agrees that the liability of the Company for damages, regardless of the form of the action, shall not exceed the fees payable by Client for the Services for a period of six months, and that this shall be Client’s exclusive remedy. Company shall not be liable to Client for any default resulting from force majeure, which shall be deemed to include any circumstances beyond the reasonable control of the Company or Client. No action, regardless of form, arising out of or pertaining to any of the Services or the Equipment may be brought by Client more than one (1) year after the cause of action has accrued.

WARRANTIES AND LIMITATIONS OF LIABILITIES. Each Party represents and warrants to the other Parties that, as of the Effective Date and continuing throughout the term of this Agreement:

WARRANTIES AND LIMITATIONS OF LIABILITIES. The Licensee represents and warrants that: (a) It has selected the Equipment based on its own judgment, and expressly disclaims any reliance upon statements made by Licensor, and (b) upon delivery of the Equipment on the Delivery Date, Licensee shall have unconditionally accepted such Equipment. THE LICENSOR MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT, AND LICENSEE LICENSES THE EQUIPMENT ‘AS IS’. LICNESOR SHALL HAVE NO RESPONSIBILITY TO ICENSEE OR ANY OTHER PERSON WITH RESPECT TO ANY OF THE FOLLOWING: (i) ANY LIABILITY (INCLUDING, WITHOUT LIMITATION, STRICT OR ABSOLUTE LIABILITY IN TORT OR BY STATUTE IMPOSED), LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR BY ANY OTHER CIRCUMSTANCES IN CONNECTION THEREWITH, (ii) THE USE, OPERATION OR PERFORMANCE OF THE EQUIPMENT OR ANY RISKS RELATING THERETO, (iii) ANY DELAY IN OBTAINING THE EQUIPMENT OR ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR CONSEQUENTIAL DAMAGES, (iv) DELIVERY, INSTALLATION (INCLUDING INSTALLATION BY 3RD PARTY SYSTEM INTEGRATORS), OPERATION, SERVICING, MAINTENANCE, REPAIR, IMPROVEMENT OR REPLACEMENT OF THE EQUIPMENT OR (v) ANY OTHER DAMAGES WHATSOEVER AND HOWSOEVER CAUSED. Upon Licensor’s delivery of the Equipment to Licensee, and in the absence of any default hereunder, any and all rights and warranties extended by the Equipment manufacturer to Licensor in connection with the purchase of the Equipment will be automatically transferred and assigned to Licensee, to the extent permitted without necessity of further action by either party. No action, regardless of form arising out of or pertaining to any of the Equipment may be brought by Licensee more than one (1) year after the cause of action has accrued.

WARRANTIES AND LIMITATIONS OF LIABILITIES