Buyer Responsibility. Buyer understands that no person or entity or broker has audited or verified any information given to them by the Seller and that no warranty or representation as to its accuracy or completeness is made by the Seller, the Broker, or any other person or entity. Nor does Seller, or Broker, or any other person or entity in any way guarantee future business performance. Xxxxx is solely responsible to examine and investigate the Business, its assets, liabilities, financial statements, tax returns and any other facts which might influence Xxxxx's purchasing decision or the price Buyer is willing to pay. Any decision by Xxxxx to purchase the Business shall be based solely on Xxxxx's own investigation and that of Xxxxx's legal, tax, and other advisors. Should the Buyer seek any representation, warranty, or guarantee from the Seller or any other person or entity, that would need to be by a separate subsequent document agreed to and executed by any and all persons to be so bound.
Buyer Responsibility. The Warranties in this Limited Warranty Agreement are contingent on the following terms and conditions:
Buyer Responsibility. Parent and Buyer shall prepare or cause to be prepared and filed or cause to be filed all Tax Returns of the Acquired Companies that relate to Post-Closing Tax Periods and Straddle
Buyer Responsibility. Buyer has Design Responsibility for all Products and Finished Devices under this Agreement. Seller shall not make any change to the Product’s or Finished Device’s design, manufacturing process, materials, or components without Buyer’s prior written approval. Maintenance of Facility. Seller maintains FDA registered facilities which have controls that comply with 21 CFR Part 820 and 21 CFR Part 210/211. Seller is also certified to several ISO Standards including: ISO 9001:2008, ISO 13485:2003, and ISO 14001. Seller is compliant with, but not registered or certified to: (i) Pharmaceutical Affairs Law 2002 (PAL) [Japan]; (ii) Medical Device Directive 93/42/EEC [Europe]; (iii) ISO 60601-1, and (iv) ISO 00000-0-0. During the performance of this Agreement, Seller shall continue to maintain the above registrations and/or certifications applicable to the Products, Finished Devices and/or Manufacturing Activities and also continue to comply with all applicable laws, including those laws, directives, or standards listed above to which Seller is not currently registered or certified.
Buyer Responsibility. Buyer is solely re- sponsible for making the final selection of the Prod- ucts and ensuring that such Products are suitable and sufficient for all applications and reasonably foreseeable uses of the Products. If Seller provides Products based upon specifications provided by Buyer, Buyer is responsible for determining that such specifications are suitable and sufficient for all applications and reasonably foreseeable uses of the Products.
Buyer Responsibility. During engine maintenance training at any of the GE designated facilities, Buyer shall be responsible for typical expenses such as: • Air and ground transportation expenses • Lodging (hotel accommodations) • Meals • All Medical – physicians, medication, emergencies, etc. • Other various and sundry expenses (visits to other businesses, entertainment, etc.). Buyer will be responsible for shipping costs of training materials in all cases. GE PROPRIETARY INFORMATION (subject to restrictions on cover page) GENERAL TERMS AGREEMENT NO. GE-1-1090789943
Buyer Responsibility. Buyer shall be responsible for any failures resulting from, but not limited to, storage and/or transportation of Production Units after risk of loss has transferred to Buyer, provided that Seller has complied with agreed packaging specifications. In the event that packaging Specifications are not provided for fragile and/or expensive Acquired Products, then Buyer shall be entitled to open discussions with the Seller regarding the type and requirements of packaging.
Buyer Responsibility. Buyer shall assume and bear sole responsibility for property maintenance of the repaired machinery and equipment and for providing adequate and sufficient safeguards, work handling tools and safety devices necessary to protect fully all personnel (including operators, helpers, repairmen, bystanders and all others who would be in the vicinity of the machinery and equipment repaired or provided by FAMCO) from bodily injury or death which otherwise may result from the use, operation, set-up or maintenance of the machinery or equipment including all requirements for compliance with prevailing federal state and local codes and industry accepted standards. FAMCO shall bear no liability for the failure of Buyer to provide all such safeguards. Buyer shall not permit anyone to alter or modify any of the machinery or equipment repaired or provided by FAMCO including but not limited to the removal or modification of safety devices, warning signs or signals, electrical circuitry, instruction labels, or manuals attached to or furnished with the machinery or equipment. Unless specifically exempted in quote, Buyer will ensure that any machinery, equipment or components delivered to FAMCO’s property for repair and/or storage has had all potential environmentally hazardous materials removed and/or drained (i.e. oil, grease, anti- freeze, asbestos, etc.). Buyer will be charged for and held responsible for any costs or damages incurred by FAMCO due to such materials that are discovered at any time the material is under FAMCO’s control.
Buyer Responsibility. If Buyer has misrepresented Buyer’s financial ability to consummate the purchase of the Property, or if this Contract is contingent upon Buyer securing a written commitment for financing and Buyer fails to apply for such financing within the time period herein specified, or fails to pursue financing diligently and in good faith, or if Buyer makes any misrepresentations in any document relating to financing, or takes (or fails to take) any action which causes Xxxxx’s disqualification for financing, then Buyer shall be in default; and Seller may elect by written notice to Buyer, to terminate this Contract and/or pursue the remedies set forth under the Default paragraph of this Contract.
Buyer Responsibility. If for any Calendar Year, Buyer fails for any reason other than Force Majeure to purchase at least ninety percent (90%) of the Annual Volumes of Products from Seller, then Buyer shall pay Seller for the shortage at a rate of $15.00 per ton multiplied by the difference between (x) ninety percent (90%) of the Annual Volumes of Products for the applicable Calendar Year minus (y) the volume of Products actually purchased by Buyer hereunder during such Calendar Year, as liquidated damages and not as a penalty, and Seller shall have no further claim for damages on account of Buyer’s failure to purchase the Annual Volumes. Payment shall be made by Buyer to Seller on demand no later than fifteen (15) days from Seller’s written request for such payment.
