Without limiting Supplier Sample Clauses

The "Without limiting Supplier" clause serves to clarify that any rights, remedies, or obligations specified elsewhere in the agreement are not restricted or diminished by the particular provision in which this phrase appears. In practice, this means that if the contract grants the supplier certain rights or protections, those are preserved even if another section provides additional or different terms. For example, if a contract section outlines a specific remedy for the supplier, the "without limiting Supplier" clause ensures that this remedy is in addition to, and not in place of, any other remedies the supplier may have under the agreement. The core function of this clause is to prevent unintended narrowing of the supplier's rights, thereby ensuring comprehensive protection and avoiding ambiguity in the interpretation of the contract.
Without limiting Supplier s obligations of indemnification as further described in this Agreement, Supplier must indemnify, defend, and hold harmless the University for any and all claims, including reasonable attorneys’ fees, costs, and incidental expenses, which may be suffered by, accrued against, charged to, or recoverable from the University in connection with unauthorized access to cardholder data which occurs during access, storage, processing, or transmission of cardholder data by the Supplier, or by a third-party retained by Supplier.
Without limiting Supplier s liability under the Agreement, Supplier, at its sole cost and expense, will keep in force insurance coverage types and amounts as required by applicable law and consistent with industry practice. Upon request by Infinite Acres, Supplier shall furnish a copy of the certificate of its insurance policies.
Without limiting Supplier s liability under the Contract, Supplier shall provide, maintain and pay for the following insurance coverage: (i)
Without limiting Supplier s obligations under this Section, if Supplier does not deliver a Correction for an Error within the times allowed by this Section (whether Supplier has delivered a reasonable workaround or not), Supplier shall provide a written analysis of the problem and a written plan to supply Bank of America with a Correction. PRODUCTION ERRORS Notwithstanding the previous Section, “Error Correction,” if an Error prevents Bank of America from making productive use of the Software, Supplier shall use its best efforts to provide an effective workaround or a Correction by the time Bank of America opens for business on the Business Day after the Business Day on which Bank of America first reports the Error. REMEDIES A. Without limitation of Supplier’s obligations above, Bank of America may fall back, at its option, to any previous version or release of the Software in which a Class 1 or Class 2 Error does not occur or can be worked around, and Supplier shall provide Maintenance Services at no charge, with respect to that version until Supplier provides a Correction. DIAGNOSTIC INFORMATION Bank of America shall submit to Supplier a listing of output and such other data as Supplier reasonably may request in order to reproduce operating conditions similar to those present when Bank of America detected the Error. BANK OF AMERICA MODIFIED SOFTWARE If Bank of America modifies the Software under the terms hereof, any additional maintenance costs or expenses to Supplier which result directly from such modification may be billed to Bank of America at the Time and Materials Rates.
Without limiting Supplier s liability under the Agreement, Supplier, at its sole cost and expense, will keep in force insurance coverage types and amounts as required by applicable law and consistent with industry practice. Upon request by CPM Europe, Supplier shall furnish a copy of the certificate of its insurance policies.
Without limiting Supplier s duty to defend, hold harmless and indemnify hereunder, Supplier agrees to secure and carry as a minimum during the entire term of this Agreement and any Order, the following insurance:

Related to Without limiting Supplier

  • SUPPLIER’S WARRANTIES 7.1 Supplier warrants that the Goods: (a) are safe; (b) are free from encumbrances, defect or fault; (c) are of merchantable quality; (d) include appropriate and correct warnings and instructions; (e) are fit for the purpose for which purchased (as communicated by Ingredion to the Supplier); (f) comply with any representations, descriptions, samples or other specification (including Specification), quality, function, performance or design; and (g) include any applicable Supplier’s warranty that passes to the consumer from Ingredion without liability to Ingredion. 7.2 Supplier warrants and represents to Ingredion that any Services performed by Supplier or duly appointed sub-contractor: (a) shall be performed in a good and workmanlike fashion and with all due speed, care, skill and diligence; and (b) shall be carried out in accordance with this Agreement, with current industry standard codes of practice, and the highest standards prevailing in the Supplier’s industry. 7.3 Supplier shall ensure that all of its personnel and sub-contractors are suitably qualified and legally hired, to perform the Services and that all necessary licences, work permits or other authorisations have been obtained. 7.4 If any materials which are required by Supplier for the provision of the Services are not delivered fully in accordance with any stipulations in this Agreement, Supplier shall immediately effect correct delivery and shall be responsible for any additional costs and expenses incurred by the parties in so doing. 7.5 Ingredion shall have the right exercisable during the performance of the Services to suspend any payment obligation in respect of the Services if the performance does not conform in quality with any stipulations in this Agreement or if the performance is delayed. 7.6 If the Services do not conform with this Agreement, Ingredion shall have the right to purchase Services from elsewhere which nearly as practicable conform to this Agreement and any extra expense incurred in doing so shall be paid by Supplier to Ingredion. Before exercising such right to purchase the Services from an alternative supplier, Ingredion shall give Supplier an opportunity to replace the Services in respect of which payment was cancelled with Services which conform with this Agreement.

  • No Other Company Representations or Warranties Except for the representations and warranties set forth in Article III, Newco and Merger Sub hereby acknowledge and agree that (a) neither the Company nor any of its Subsidiaries, nor any of their respective Affiliates, stockholders, directors, officers, employees, agents, representatives or advisors, nor any other Person, has made or is making any other express or implied representation or warranty with respect to the Company or any of its Subsidiaries or their respective business or operations, including with respect to any information provided or made available to Newco, Merger Sub or any of their respective Affiliates, stockholders, directors, officers, employees, agents, representatives or advisors, or any other Person, and (b) neither the Company nor any of its Subsidiaries, nor or any of their respective Affiliates, stockholders, directors, officers, employees, agents, representatives or advisors, nor any other Person, will have or be subject to any liability or indemnification obligation or other obligation of any kind or nature to Newco, Merger Sub or any of their respective Affiliates, stockholders, directors, officers, employees, agents, representatives or advisors, or any other Person, resulting from the delivery, dissemination or any other distribution to Newco, Merger Sub or any of their respective Affiliates, stockholders, directors, officers, employees, agents, representatives or advisors, or any other Person, or the use by Newco, Merger Sub or any of their respective Affiliates, stockholders, directors, officers, employees, agents, representatives or advisors, or any other Person, of any such information provided or made available to any of them by the Company or any of its Subsidiaries, or any of their respective Affiliates, stockholders, directors, officers, employees, agents, representatives or advisors, or any other Person, including any information, documents, estimates, projections, forecasts or other forward-looking information, business plans or other material provided or made available to Newco, Merger Sub or any of their respective Affiliates, stockholders, directors, officers, employees, agents, representatives or advisors, or any other Person, in “data rooms,” confidential information memoranda or management presentations in anticipation or contemplation of the Merger or any other transactions contemplated by this Agreement. Notwithstanding the foregoing, nothing in this Section 4.13 or this Agreement shall (i) relieve any Person of liability for fraud or willful misconduct (ii) prevent Newco and Merger Sub from relying on the representations and warranties of the Company set forth in this Agreement, the other agreements or certificates entered into or delivered by the Company in connection with this Agreement or statements made in any documents filed by the Company with the SEC or furnished by the Company to the SEC or (iii) be given effect in any claim in respect of fraud or willful misconduct.

  • Vendor’s Specific Warranties, Terms, and License Agreements Because TIPS serves public entities and non-profits throughout the nation all of which are subject to specific laws and policies of their jurisdiction, as a matter of standard practice, TIPS does not typically accept a Vendor’s specific “Sale Terms” (warranties, license agreements, master agreements, terms and conditions, etc.) on behalf of all TIPS Members. TIPS may permit Vendor to attach those to this Agreement to display to interested customers what terms may apply to their Supplemental Agreement with Vendor (if submitted by Vendor for that purpose). However, unless this term of the Agreement is negotiated and modified to state otherwise, those specific Sale Terms are not accepted by TIPS on behalf of all TIPS Members and each Member may choose whether to accept, negotiate, or reject those specific Sale Terms, which must be reflected in a separate agreement between Vendor and the Member in order to be effective.

  • Product Warranties Except as set forth in Schedule 3.19 and for warranties under Applicable Law, (a) there are no warranties express or implied, written or oral, with respect to the products of the Business and (b) there are no pending or threatened claims with respect to any such warranty, and neither Seller nor any Transferred Subsidiary has any liability with respect to any such warranty, whether known or unknown, absolute, accrued, contingent or otherwise and whether due or to become due.

  • Representations or Warranties The Collateral Agent shall not make nor shall it be deemed to have made any representations or warranties as to the validity, legality or enforceability of this Agreement, any other Loan Document or any other document or instrument or as to the correctness of any statement contained in any thereof, or as to the validity or sufficiency of any of the pledge and security interests granted hereby, except that the Collateral Agent in its individual capacity hereby represents and warrants (a) that each such specified document to which it is a party has been or will be duly executed and delivered by one of its officers who is and will at such time be duly authorized to execute and deliver such document on its behalf, and (b) this Agreement is or will be the legal, valid and binding obligation of the Collateral Agent in its individual capacity, enforceable against the Collateral Agent in its individual capacity in accordance with its terms, subject to the effect of any applicable bankruptcy, insolvency, reorganization, moratorium or similar law affecting creditors’ rights generally.