Common use of BOF Warranty Clause in Contracts

BOF Warranty. (a) BOF equipment, including but not limited to transformers, inverters, relays or meters, shall not be covered by the Portfolio Warranty, but instead shall be covered only by the warranty provided for such BOF equipment by its manufacturer (the “BOF Warranty”), which third party manufacturer warranties shall be assigned by Seller to Buyer; provided that if the warranty provided by the manufacturer of such ancillary equipment expires prior to the expiration of the Portfolio Warranty, Seller will provide all labor necessary to repair or replace the ancillary equipment provided by the third party manufacturer as required to meet the warranty specification of such manufacturer and will invoice for such labor services and for the actual cost of any replacement ancillary equipment. Seller covenants to pursue in good faith, and for the benefit of the Buyer, any warranty claim against any third party manufacturer of ancillary equipment relating to any Facility.

Appears in 6 contracts

Samples: Master Energy Server Purchase Agreement, Master Energy Server Purchase Agreement (Bloom Energy Corp), Master Energy Server Purchase Agreement (Bloom Energy Corp)

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