Replacement or Repair. In performing the Basic Service, MORPHO shall determine, at its reasonable discretion whether to repair or replace any defective Equipment parts.
Replacement or Repair. Digene, at its election, shall repair or replace Products, Other Products or Digene Equipment returned during the Warranty Period which fail to meet the warranty set forth in Section 13.1 ("Defective Products"). Customers in the Territory, CMV Territory and SHARP Territory shall return Defective Products to Abboxx, xxs Affiliates or sub-distributors for return to Digene. Digene, at its election, shall accept returned Defective 71 THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH "*" AND BRACKETS AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Products in accordance with the terms of Schedule 13.2 or Abboxx, xx Digene's request, shall dispose of such Defective Products appropriately. Digene shall bear the cost of return shipment of Defective Products to Digene and the cost of shipping repaired or replaced Defective Products to the customer or Abboxx, xxs Affiliates or sub-distributors, as the case may be.
Replacement or Repair. In performing Preventive Maintenance and Remedial Maintenance, SELLER shall be entitled to exercise reasonable discretion in determining whether to replace or repair any malfunctioning item, provided, however, that any such replacement shall be of equal or better quality and, in the event of a malfunction of key circuit boards, to be specified by SELLER, a replacement board will be provided pending completion of repairs on the defective board.
Replacement or Repair. In the event of damage to or destruction of the properties by causes insured against by the association, the association shall repair or replace the same from the insurance proceeds payable to it or to the trustee designated by the board of directors. If damage or destruction occurs to the common area and the insurance proceeds are insufficient to cover the costs of repair or replacement thereof, the association may make a special assessment upon all owners (as provided in Section 8.06) to cover the additional costs of repair or replacement not covered by insurance proceeds. If the association carries insurance on the individual residential improvements and if damage or destruction occurs to improvements on individual lots, the owners of such lots shall be obligated to contribute such funds as shall be necessary to pay their proportionate share of the costs of rebuilding or reconstruction, over and above the available insurance proceeds. The proportionate share of each such owner or owners shall be the amount by which the costs of repair or replacement on his lot exceeds that owner’s share of the total insurance proceeds payable by reason of the damage or destruction having occurred. If any owner fails to pay his or her proportionate share, the association may levy a special assessment against the lot or such owners, which may be enforced under the lien provisions contained in Article 9 or in any other manner provided in this declaration.
Replacement or Repair. Contractor, at its sole expense, shall keep all Facilities in good working order and repair. Contractor shall be liable for all costs reasonably incurred by County to repair or replace the Facilities operated and/or used by Contractor under this Agreement. Contractor may request reimbursement from County for the cost of repair and replacement if and only if (i) the repair or replacement is necessary to remedy damage caused by the negligence of County or its employees or agents; (ii) Contractor assigns to County any and all subrogation rights it has against any other Person who may be liable for the damage;
Replacement or Repair. In performing Preventive Maintenance and Remedial Maintenance, IWS shall be entitled to exercise reasonable discretion in determining whether to replace or repair any malfunctioning item; provided, however, that any such replacement shall be a functional equivalent.
Replacement or Repair. Upon return of damaged equipment, Lessor (rf Services) will make a determination of the extent of damage and required repairs. In determining whether equipment shall be replaced or repaired, the judgment of Lessor (rf Services) shall be conclusive. Should Lessor (rf Services) determine that the equipment shall be replaced, Lessee shall be responsible for the cost to replace the same item or the closest comparably-equipped model, at the Radio Dealer’s current price level with rf Services without deduction for depreciation. Damage includes any type of damage by fire or water; attempts to make repairs by the Lessee or anyone else other than rf Services or the Radio Dealer; installation of parts or accessories, product modification or failure to follow instructions contained in the operator's manual is also considered damage. Lessor (rf Services) disclaims any liability for range and coverage. Rental will be charged at full price on damaged equipment until repair or replacement has occurred to the satisfaction of Lessor (rf Services).
Replacement or Repair. Upon return of damaged equipment, NTSS will make a determination of the extent of damage and required repairs. In determining whether equipment shall be replaced or repaired, the judgment of NTSS shall be conclusive. Should NTSS determine that the equipment shall be replaced, Renter shall be responsible for the cost to replace the same item or the closest comparably- equipped model, at current manufacturer’s list prices without deduction for depreciation. Damage includes any type of damage caused by misuse, neglect, or any use for which the equipment was not intended. Also included is damage caused by fire or water; attempts to make repairs by the Renter or anyone else other than NTSS, installation of parts or accessories, product modification or failure to follow instructions contained in the operator’s manual is also considered damage. Renter is responsible for removing any stickers or labels attached to the radios for their own identification. Any such devices left on the units will incur a charge of $5.00 per unit. Renter will be charged full price on damaged equipment until repair or replacement has occurred to the satisfaction of NTSS.
Replacement or Repair. In performing Preventive Maintenance and Remedial Maintenance, IWS shall be entitled to exercise reasonable discretion in determining whether to replace or repair any malfunctioning item, provided, however, that any such replacement shall be of equal or better quality and, in the event of a malfunction of key circuit boards, to be specified by IWS, a replacement board will be provided pending completion of repairs on the defective board.
Replacement or Repair. The Contractor at its sole expense shall keep all Facilities in good working order and repair and, as required in the Specifications. The Contractor shall be liable for all costs reasonably incurred by the County to repair or replace the Facilities owned, operated or used by the Contractor or provided to the County for its use under this Contract including, but not limited to, the Containers, Trailers, Tractors, Transport Facilities and Disposal Facilities; however, the County shall be liable for, but only to the extent that the repair or replacement of Facilities is caused by, the negligence of the County.
