Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.
Power Failure Power Failure means the failure of power or other utility service if the failure takes place off the "residence premises". But if the failure results in a loss, from a Peril Insured Against on the "residence premises", we will pay for the loss caused by that peril.
Failure to Procure Insurance Failure on the part of Provider, or any of its subcontractors, to procure or maintain required insurance shall constitute a material breach of contract under which the District may immediately terminate this Agreement.
Epidemic Failure Remedy If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether DXC initiates a field stocking recall or customer-based recall or retrofit, including Products in distributor inventory and DXC’s installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. DXC reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse DXC for all costs, charges, prices and fees paid in purchasing the substitute products.
Force Majeure Failure Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following:
Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. • General Aggregate $2,000,000 • Products – Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability – Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000
Commercial General Liability and Business Auto Liability will be endorsed to provide primary and non-contributory coverage The Commercial General Liability Additional Insured endorsement will include on-going and completed operations and will be submitted with the
Cyber incident damage assessment activities If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.
How Long Does Warranty Coverage Last? The warranty lasts for a period up to 5 YEARS after the instal- lation date. This warranty period does not continue after the unit is re- moved from the location where it was originally installed. The replacement of a part under this warranty does not extend the warranty period. In other words, Daikin warrants a replacement part only for the period remaining in the war- ranty term that commenced on the installation date. What Xxxx Xxxxxx Do To Correct Problems? Daikin will furnish a replacement part, without charge for the part only, to replace any part that is found to be defective due to workmanship or materials under normal use and mainte- xxxxx. Furnishing of the replacement part is Daikin’s only responsibility under this warranty. THE APPLICABLE REMEDIES DESCRIBED IN THIS SECTION ARE DAIKIN’S ONLY RESPONSIBILITIES, AND THE OWNER’S ONLY REMEDIES, FOR ANY BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY. Part No. PWDCLAHTWZQE COMMERCIAL WARRANTY Models: ACNF, ARUF, ASPT, AWST, AWUF, AWUT, AMST, CAPF, CAPFA, CAPT, CAUF, CAUFA, CAPEA, CAPE, CHPF, CHPE, CSCF, CAPTA, CHPTA, CHPT, MBVC What Won’t Daikin Do To Correct Problems? Daikin will not pay for: • Labor, freight, or any other cost associated with the service, repair, or operation of the unit. • Electricity or fuel costs, or increases in electricity or fuel costs, for any reason, including additional or unusual use of supplemental electric heat. • Lodging or transportation charges. • Refrigerant. WHETHER ANY CLAIM IS BASED ON NEGLIGENCE OR OTH- ER TORT, BREACH OF WARRANTY OR OTHER BREACH OF CONTRACT, OR ANY OTHER THEORY, NEITHER DAIKIN NOR ANY OF ITS AFFILIATES SHALL IN ANY EVENT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE OF A UNIT, EXTRA UTILITY EXPENSES, OR DAMAGES TO PROPERTY.
Breach of Contract Claims To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.
