Correction of Material Defects Sample Clauses

Correction of Material Defects. In addition to InterTrust's own ------------------------------ ongoing quality assurance efforts, InterTrust shall use reasonable prompt efforts in accordance with reasonable U.S. software industry practices, at InterTrust's expense and subject to InterTrust's standard support policies as relevant, to correct Material Defects, or otherwise reasonably adjust InterTrust Technology to mitigate Material Defects, identified by SSG to InterTrust in a writing describing the alleged Material Defects in detail. InterTrust shall have no obligation to: (i) investigate or correct any Material Defects at any site other than an InterTrust facility, except that InterTrust will visit SSG's facilities as may be required in the reasonable judgment of both InterTrust and SSG to investigate Material Defects that severely and critically degrade operation of InterTrust Technology and cannot otherwise be diagnosed by SSG; (ii) communicate on the subject of Material Defects with any Person other than SSG; or (iii) correct any Material Defects that have been properly identified by SSG but that cannot be reliably reproduced. Notwithstanding the foregoing, SSG shall reimburse InterTrust for all actual and reasonable travel, living and out-of-pocket expenses incurred by InterTrust's personnel (based on SSG's standard policies and procedures for reimbursement of its independent contractors and its own employees) for any site visit referenced in this Section 3.3(b) after the second such site visit per calendar year.
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Correction of Material Defects. In addition to InterTrust's own ------------------------------ ongoing quality assurance efforts, for a period of ten (10) years from the Effective Date, unless the Parties mutually agree in writing otherwise, InterTrust shall use reasonable efforts to correct Material Defects or otherwise reasonably adjust InterTrust Technology to mitigate Material Defects, identified by MBC to InterTrust in a writing describing the alleged Material Defects in detail. InterTrust shall have no obligation to: (i) independently investigate or correct any Material Defects at any site other than an InterTrust facility; (ii) communicate on the subject of Material Defects with any Person other than MBC; (iii) correct any Material Defects that have been properly identified by MBC but that cannot be reliably reproduced; or (iv) perform any services relating to correction of Material Defects at any site other than an InterTrust facility.
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Correction of Material Defects. As of the applicable Closing Date, Additional Seller shall assign to Buyer all subcontractors', suppliers' and manufacturers' warranties and guaranties.
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Correction of Material Defects. 20 12.9.1 During the course of construction of the Project Improvements, PWH, the 21 City and XXX shall promptly notify each other of any Material Defects of which a Party 22 becomes aware in: (a) the 100% Construction Documents; (b) in the work of any of the Retained
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Correction of Material Defects. Notable will take commercially reasonable actions, at no charge or other cost to Better, and at Better’s request, to (i) correct any material defects identified by Better or Notable in Notable’s processes which materially impact the services or its obligations under this Agreement; and (ii) correct any performance or processing errors of Notable by performing the service or regenerating or re-running data as needed.
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Correction of Material Defects 
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Related to Correction of Material Defects

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

  • Review of Materials During the term of this Agreement, Client shall ensure that all prospectuses, statements of additional information, registration statements, proxy statements, reports to shareholders, advertising and sales literature or other materials prepared for distribution to Fund shareholders or the public, which refer to the Subadviser in any way, prepared by employees or agents of Client or its affiliates are consistent with information previously provided by Subadviser. Subadviser shall promptly notify the Client of any changes to information pertaining to the Subadviser and stated in the materials described in this Section 6(g).

  • Notification of Material Events The Company, during the period when the Prospectus is (or but for the exemption in Rule 172 would be) required to be delivered under the 1933 Act or the 1934 Act, shall notify the Representatives of the occurrence of any material events respecting its (including those of the Operating Partnership) activities, affairs or condition, financial or otherwise, if, but only if, as a result of any such event it is necessary, in the opinion of counsel, to amend or supplement the Prospectus in order to make the Prospectus not misleading in the light of the circumstances existing at the time it is (or but for the exemption in Rule 172 would be) delivered to a purchaser, and the Company will forthwith supply such information as shall be necessary in the opinion of counsel to the Company and the Underwriters for the Company to prepare any necessary amendment or supplement to the Prospectus so that, as so amended or supplemented, the Prospectus will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time it is (or but for the exemption in Rule 172 would be) delivered to a purchaser, not misleading.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Notification of Material Changes The Advisor also agrees to give the Company prior written notice of any proposed material change in its Trading Approach and agrees not to make any material change in such Trading Approach (as applied to the Company) over the objection of the Company, it being understood that the Advisor shall be free to institute non-material changes in its Trading Approach (as applied to the Company) without prior written notification. Without limiting the generality of the foregoing, refinements to the Advisor’s Trading Approach and the deletion (but not the addition) of Commodities (other than the addition of Commodities then being traded (i) on organized domestic commodities exchanges, (ii) on foreign commodities exchanges recognized by the Commodity Futures Trading Commission (the “CFTC”) as providing customer protections comparable to those provided on domestic exchanges or (iii) in the interbank foreign currency market) to or from the Advisor’s Trading Approach, shall not be deemed a material change in the Advisor’s Trading Approach, and prior approval of the Company shall not be required therefor. The utilization of forward markets in addition to those enumerated in the Advisor’s Disclosure Document attached hereto as Exhibit C would be deemed a material change to the Advisor’s Trading Approach and prior approval shall be required therefor. Subject to adequate assurances of confidentiality, the Advisor agrees that it will discuss with the Company upon request any trading methods, programs, systems or strategies used by it for trading customer accounts which differ from the Trading Approach used for the Company, provided that nothing contained in this Agreement shall require the Advisor to disclose what it deems to be proprietary or confidential information.

  • Correction of Errors Contractor shall perform, at its own cost and expense and without reimbursement from the District, any work necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care required herein.

  • Notice of Environmental Defects If Buyer discovers any alleged Environmental Defect affecting the Assets, Buyer shall promptly notify Seller of such alleged Environmental Defect. To be effective, such notice (an “Environmental Defect Notice”) must (a) be in writing, (b) be received by Seller prior to the expiration of the Examination Period, (c) describe the Environmental Defect in reasonable detail, including (i) the written conclusion of Buyer that an Environmental Defect exists, and (ii) a citation of the Environmental Laws alleged to be violated and a summary of the related facts that substantiate such violation, (d) identify the specific Assets affected by such Environmental Defect, (e) the procedures recommended to correct the Environmental Defect and (f) Buyer’s reasonable good faith estimate of the Environmental Defect Value, for which Buyer would agree to adjust the Purchase Price in order to accept such Environmental Defect if Seller elected Section 7.4(c) as the remedy therefor. Any matters that may otherwise constitute Environmental Defects, but of which Seller has not been specifically notified by Buyer in accordance with the foregoing, together with any environmental matter that does not constitute an Environmental Defect, shall, be deemed to have been waived by Buyer for all purposes and constitute an assumed obligation of Buyer at Closing. Upon receipt of a timely Environmental Defect Notice, upon request by Seller, Buyer shall promptly deliver to Seller copies of all data, records, reports, opinions and other information in Buyer’s possession or control bearing upon or relating to the alleged Environmental Defect and its determination of the Environmental Defect Value, including, without limitation, site plans showing the location of sampling events, boring logs and other field notes describing the sampling methods utilized and the field conditions observed, chain of custody documentation and laboratory reports.

  • Return of Material Upon the termination of the Executive's employment under this Agreement, the Executive will promptly return to the Company all copies of information protected by Paragraph 11(a) hereof which are in his possession, custody or control, whether prepared by him or others, and the Executive agrees that he shall not retain any of same.

  • Supply of Materials The following materials will be supplied by the department Name of Materials Rate. Place of delivery 1.

  • Return of Materials Upon termination or expiration of the Agreement, or upon written request of the Company, the Recipient shall promptly return to the Company all documents and other tangible materials representing the Company’s Confidential Information and all copies thereof. The Company shall notify immediately the Recipient upon discovery of any loss or unauthorized disclosure of the Confidential Information.

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