Breach of Warranty Obligations Sample Clauses

Breach of Warranty Obligations. Failure by Contractor to timely perform its obligations set forth in this Paragraph 13.4 (Continuous Product Support) will constitute a material breach, upon which, in addition to the County’s other rights and remedies set forth herein, the County may, after written notice to Contractor and provision of a reasonable cure period, terminate this Contract in accordance with Paragraph 22.0 (Termination for Default) below.
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs
Breach of Warranty Obligations. Failure by Contractor to timely perform its obligations set forth in this Paragraph 12 shall constitute a material breach, upon which, in addition to County’s other rights and remedies set forth herein, County may, after written notice to Contractor and provision of a reasonable cure period, terminate this Agreement in accordance with Paragraph 20 (Termination for Default).
Sample 1
Breach of Warranty Obligations. In the event that CONTRACTOR fails to timely perform its obligations set forth in this Section after receiving Notice from the CONSORTIUM of CONTRACTOR’S failure to meet such obligations, the CONSORTIUM shall have the right to withhold payment to CONTRACTOR. In addition, and if CONTRACTOR continues to fail to perform such obligations within forty-five (45) days of CONTRACTOR’s receipt of notice from the CONSORTIUM, the CONSORTIUM shall have the right to perform or procure the performance of such obligations, including any required correction, repair, replacement, or other work which CONTRACTOR has failed to perform. In such event, CONTRACTOR shall pay to the CONSORTIUM an amount equal to the difference between its direct actual and reasonable cost of outside labor and materials, including its burdened (including salary, employee benefits, and reimbursement policies) rates for CONSORTIUM provided labor and the Contractor charges for performance of such obligations. Such payment shall be made by CONTRACTOR to the CONSORTIUM by cash payment upon demand or, at the CONSORTIUM’s option, such payment shall be deducted from any amounts due or to become due to CONTRACTOR under this Agreement.
Sample 1
Breach of Warranty Obligations. In the event Contractor fails to timely perform its warranty obligations set forth in this paragraph, the Commission may perform any required correction or other work and debit Contractor therefore at the Commission’s direct actual cost of outside labor and materials and the Commission’s burdened labor rates (including salary, employee benefits, and applicable reimbursement policies) to remedy any failure to conform to the provisions of this Contract.
Sample 1

Related to Breach of Warranty Obligations

  • Breach of Warranty Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

  • Breach of other obligations any Security Party commits any breach of or omits to observe any of its obligations or undertakings expressed to be assumed by it under any of the Security Documents (other than those referred to in clauses 10.1.1 and 10.1.2 above) unless such breach or omission, in the opinion of the Agent (following consultation with the Banks) is capable of remedy, in which case the same shall constitute an Event of Default if it has not been remedied within fifteen (15) days of the occurrence thereof; or

  • Breach of Contract The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:

  • DEFECT LIABILITY It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

  • Indemnity Obligations An Indemnified Party seeking indemnification under this Agreement must notify Customer promptly of any event requiring indemnification. However, an Indemnified Party’s failure to notify will not relieve Customer from its indemnification obligations, except to the extent that the failure to notify materially prejudices Customer. Customer may assume the defense of any proceeding requiring indemnification unless assuming the defense would result in potential conflicting interests as determined by the Indemnified Party in good faith. An Indemnified Party may, at Customer’s expense, defend itself until Customer’s counsel has initiated a defense of the Indemnified Party. Even after Customer assumes the defense, the Indemnified Party may participate in any proceeding using counsel of its own choice and at its own expense. Customer may not settle any proceeding related to this Agreement unless the settlement also includes an unconditional release of liability for all Indemnified Parties. Customer’s indemnification obligations are not the sole remedy for Customer’s breach of this Agreement and are in addition to any other remedies available. Customer’s indemnification obligations hereunder are not an Indemnified Party’s sole remedy for events giving rise to indemnity by Customer hereunder, and are in addition to any other remedies an Indemnified Party may have against Customer under this Agreement.

  • Breach of Obligations The Parties acknowledge that a breach of any of the obligations contained herein would result in injuries. The Parties further acknowledge that the amount of the liquidated damages or the method of calculating the liquidated damages specified in this Agreement is a genuine and reasonable pre-estimate of the damages that may be suffered by the non-defaulting party in each case specified under this Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!