Category Archives: Section B1.5

SB1 5

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Representations, Disclaimer And Limitation Of Liability.

Also posted in Attachment B1, Settlement | Comments closed

SB1 5.1

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(a) Mutual Warranties. Each Party represents and warrants to the other that (i) it has full power and authority to enter into this Library Agreement and to perform its obligations hereunder; and (ii) this Library Agreement constitutes its valid and binding obligation, enforceable against it in accordance with its terms.

Also posted in Attachment B1, Section B1.5(a), Settlement | Comments closed

SB1 5.2

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(b) Disclaimer. The warranties explicitly set forth above are the only warranties provided herein and are in lieu of all other warranties by the Parties, express or implied, with respect to the subject matter of this Library Agreement.

Also posted in Attachment B1, Section B1.5(b), Settlement | Comments closed

SB1 5.3

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(c) Limitation of Liability. In no event will Library or the Registry be liable for lost profits or any form of indirect, special, incidental, consequential or punitive damages of any character from any claims arising out of this Library Agreement, whether based on breach of contract (including, without limitation, breach of the Security Standard referred to in Exhibit E (Security and Breach)), tort (including negligence), or otherwise, and whether or not such Party has been advised of the possibility of such damage.

Also posted in Attachment B1, Section B1.5(c), Settlement | Comments closed