Application of Warranties. Each of the Warranties:
Application of Warranties. Seller agrees that the warranties set forth in this Section 5 extend to all Goods, notwithstanding the fact that such Goods delivered to Authorized Purchasers under the Contract may be produced, in whole or in part, by any of Seller’s divisions, parent, subsidiaries, Affiliates, or suppliers and, therefore, such warranties shall not be disclaimed or otherwise limited in any way merely due to the fact that any Goods have been produced by any such entity.
Application of Warranties. The representations and warranties in this Condition 12 are made on and from the execution of this Agreement, and are by force of this Condition to be taken to be made anew on each day during the Term of this Agreement.
Application of Warranties. Each of the Warranties remains in full force and effect on and after the Completion Date despite completion taking place.
Application of Warranties. 13.3 The representations and warranties in this clause 13 are made on and from the execution of this Agreement, and are by force of this clause to be taken to be made anew on each day during the term of this Agreement.
Application of Warranties. The warranties above or any terms and conditions of this agreement shall only be applied to the extent permitted by the provisions of the Trade Practices Xxx 0000, or any terms and conditions or warranties expressed or implied by any relevant state act or territorial ordinance or by the general law.
Application of Warranties. Each Parties shall specify in the Schedule to this Addendum which (if any) of paragraphs 5 to 7 below shall apply in relation to it and where or to the extent that no such specification is made it shall be assumed that such paragraphs do not apply in relation to Borrower and/or Lender, as the case may be.
Application of Warranties. Notwithstanding any other provision of this Agreement:
Application of Warranties. 61 8.3 Standards for Warranty Work.....................................61 8.4
Application of Warranties. During the applicable Warranty ------------------------- Periods, if the Work is Defective or becomes Defective and Defects and Deficiencies do not arise out of any wrongful acts or omissions of Owner (except for actions of Owner prior to Final Completion for which Contractor retains responsibility pursuant to Section 10.1) or contractors of Owner, an Event of Force Majeure, improper operation or maintenance, misuse, abuse by third parties or other circumstances beyond Contractor's reasonable control, and provided that Owner gives Contractor notice of the Defects and Deficiencies either (i) during the applicable Warranty Period or (ii) with respect to any Defects and Deficiencies with respect to which the Warranty Period is one (1) year, provided Owner demonstrates that such Defects and Deficiencies were discovered during the final forty-five (45) days of such Warranty Period, on or before the forty-fifth (45th) day following the end of such Warranty Period, then Contractor will promptly cure the Defects and Deficiencies. If Contractor does not commence to cure the Defect and Deficiency (which commencement may include, without limitation, the ordering of the materials or equipment necessary to effect such cure) promptly but in any event within thirty (30) days after receipt of written notice from Owner, Owner may take remedial steps to cure the Defects and Deficiencies and Contractor will be liable to Owner for the actual, direct cost of Owner's remedial action. Owner, at Owner's option, may charge such cost against any monies owed to Contractor.
