WARRANTIES OF DEVELOPER Sample Clauses
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WARRANTIES OF DEVELOPER. 14.1 The Developer represents and warrants that:
(a) it will at all material times own or control all Intellectual Property Rights to the Product, free from any third party right or interest which would impair the rights of the Publisher under this Agreement;
(b) it has and will at all material times have full power and authority to enter into and perform this Agreement and to grant the rights expressed to be granted by it;
(c) nothing contained in the Product will infringe a third party’s Intellectual Property Rights, of a right of privacy or name or image or likeness, or become liable under unfair competition law;
(d) nothing contained in the Product will be obscene or libelous or otherwise in breach of any relevant laws or regulations of any territory which relates to health and safety;
(e) each Gold Master will be Virus Free on its Acceptance Date and each Gold Master shall not contain any software routine designed to disable a computer Product automatically with the passage of time or by the intervention of a third party other than a licensee of the Gold Master or Publisher;
(f) the Product will be an original work created by the Developer;
(g) the execution of this Agreement will not put the Developer in breach of any other agreement including an exclusive term agreement;
(h) the Developer has received no notice of any claim pending or threatened against Developer based on infringement of the rights set forth in this Agreement;
(i) the Developer has not sold, assigned, leased, licensed or in any other way disposed of or encumbered the rights granted to Publisher hereunder in such a way as to materially affect the rights granted to Publisher hereunder, and Developer will not sell, assign, lease, license or in any other way dispose of or encumber any of such rights in such a manner as to encumber the rights granted to Publisher hereunder;
(j) Developer will not use Publisher’s name or logos or the names of any of Publisher’s products for any purpose, including, but not limited to, advertising or promotional purposes, except as provided in this Agreement or with the prior written consent of Publisher.
WARRANTIES OF DEVELOPER. Developer warrants that the PIRF will be installed in a good workmanlike manner and in compliance with the CDs and requirements of this Agreement, and that the PIRF shall be substantially free of defects in materials and workmanship. All PIRF shall be warranted for a period of one year following the Town’s issuance of probationary acceptance of the PIRF (the “Warranty Period”).
WARRANTIES OF DEVELOPER. CORRECTION OF DEFECTS OCCURRING WITHIN WARRANTY PERIOD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
WARRANTIES OF DEVELOPER. Upon completion of the Extensions and approval and acceptance thereof by the City, Developer warrants to the City as follows:
A. That Developer is the owner of the property and the same is free and clear of all encumbrances and that Developer has good right and authority to transfer title thereto to the City and will defend the title of the City against the claims of all third parties claiming to own the same or claiming an encumbrance against the same; and
B. That the Extensions are in proper working condition, order, and repair as designed and that they are adequate and fit for the intended purpose of use as water, sewer, stormwater, and/or street systems, and as integral parts of the water, sewer, stormwater, and/or street systems of the City; and
C. That all parts of the Extensions shall remain in proper working condition, order and repair as designed except where abused or neglected by the City; and that Developer shall repair or replace, at its own expense, any work or material which may prove to be defective during the period of this warranty. Developer shall obtain warranties and guaranties from its subcontractors and/or suppliers where such warranties or guaranties are specifically required herein and shall deliver copies of such to the City upon completion of the Extensions. When corrections of defects occurring within the warranty period are made, Developer shall further warrant corrected work for two (2) years after acceptance by the City. Except in the event of fraud or bad faith by Developer, the warranty described in this Section 23 shall be limited to two (2) years.
WARRANTIES OF DEVELOPER. Developer warrants that the DP Improvements will be installed in a good workmanlike manner and in compliance with the CDs and requirements of this Agreement, and that the DP Improvements shall be substantially free of defects in materials and workmanship. The DP Improvements shall be warranted for a period of one year following the Town’s issuance of probationary acceptance of the Improvements (the “Warranty Period”).
WARRANTIES OF DEVELOPER. Developer warrants that the SIP improvements will be installed in a good workmanlike manner and in substantial compliance with the CD's and requirements of this Agreement, and shall be substantially free of defects in materials and workmanship. Items constructed within the County right-of-way shall be warranted for a period of two years following the issuance of the first Certificate of Occupancy for any building on the site.
WARRANTIES OF DEVELOPER. Upon completion of the Extensions and approval thereof by the City and simultaneously with the acceptance of the title by the City, the Developer warrants to the City for a period of one (1) year as follows:
A. That the Developer is the owner of the property and the same is free and clear of all encumbrances and that the Developer has good right and authority to transfer title thereto to the City and will defend the title of the City against the claims of all third parties claiming to own the same or claiming an encumbrance against the same; and
B. That the Extensions are in proper working condition, order, and repair as designed and that they are adequate and fit for the intended purpose of use as water, sewer, stormwater, and/or street system, and as integral parts of the water, sewer, stormwater, and/or street system of the City; and
C. That all parts of the Extensions shall remain in proper working condition, order and repair as designed except where abused or neglected by the City; and the Developer shall repair or replace, at its own expense, any work or material which may prove to be defective during the period of this warranty. The Developer shall obtain warranties and guaranties from its subcontractors and/or suppliers where such warranties or guaranties are specifically required herein and shall deliver copies to the City upon completion of the work. When corrections of defects occurring within the warranty period are made, the Developer shall further warrant corrected work for one year after acceptance by the City. In the event of fraud or bad faith by the Developer regarding Sections A, B & C above, the one year limitation of warranty shall not apply.
WARRANTIES OF DEVELOPER. Developer warrants that the Secured Improvements will be installed in a good and workmanlike manner and in substantial compliance with the Development Plans and requirements of this Agreement and shall be substantially free of defects in materials and workmanship. These warranties of Developer, and the security provided for the Secured Improvements shall remain in force and effect as to any completed Secured Improvements until the lapse of one (1) year after preliminary acceptance of the Secured Improvements, and until final acceptance of such Improvements as provided in the Fraser subdivision regulations. To the extent the Secured Improvements include required landscaping, the Developer shall maintain such landscaping during the one‐year warranty period, and the provisions of this Section 5 and the subdivision regulations shall apply with respect to maintaining security for such landscaping improvements during the warranty period.
WARRANTIES OF DEVELOPER. Developer warrants that the PII will be installed in a good workmanlike manner and in compliance with the CDs and requirements of this Agreement, and that the PII shall be substantially free of defects in materials and workmanship. All PII except the parking lot paving shall be warranted for a period of one year following the Town’s issuance of probationary acceptance of the Improvements (the “Warranty Period”). The parking lot paving will be warranted for a period of one year after completion.
WARRANTIES OF DEVELOPER. Developer represents and warrants to MLS the following: The Software will run substantially in accordance with the Specifications. The media on which the Software is or will be contained shall not contain any computer instructions which purpose is to disrupt, damage or interfere with the use of any other computer programs or computer or telecommunications facilities for their commercial purposes, or perform functions which are not an appropriate part of the functionality of the computer programs, Documentation or other Software and which result is to disrupt the use or operation of such computer programs, Documentation or other Software. The Software shall not contain any virus, worm, trojan horse, or other similar code, or any mechanism which electronically notifies the user of any fact or event, nor any key, node lock, time-out, logic bomb or other function, implemented by any means, which may restrict use of or access to any programs, data or equipment.